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Completeness Review Checklist for Existing Quarries- 11/18/14
                                                                        Quarrying License Permit #001-2014
OWNER(S):  Harold MacQuinn, Inc.
OPERATOR(S): Fresh Water Stone & Brickwork, Inc.
AGENT(S): Steven Salsbury, Herrick & Salsbury, Inc.
LEGAL RESPRESENTATION: Edmond J. Bearor, Rudman Winchell Counselors at Law
LOCATION: Off Crane Road, Hall Quarry
TAX MAP: 007 LOT: 075 ZONE(S):  Residential 2
PURPOSE:  To review completeness of quarrying license application
Completeness Review Checklist for Quarrying Activities
TOWN OF MOUNT DESERT QUARRYING LICENSE ORDINANCE
ARTICLE 6 – EXISTING QUARRYING ACTIVITIES
6.1 Application for Existing Quarrying Activities
The owner or operator of any active un-licensed quarry activity shall, within 180 days from the effective date of this ordinance, submit an application pursuant to this Ordinance.  Any owner or operator of an active operation that has not applied for a license within 180 days from the effective date of this ordinance or received an extension for good cause from the Planning Board shall be in violation of this ordinance. The application for existing quarrying activities shall consist of the following submissions:

  • Name, address and telephone number of the applicant, and the name, address and telephone number of the owner of the property, if different from the applicant.
□  N/A                        X Acceptable                    □ Not Acceptable

  • Name, address and telephone number of the operator of the quarry, if different from the applicant or owner. Name and contact information of the proposed manager of operations
□  N/A                        X Acceptable                    □ Not Acceptable

  • A copy of the current deed, lease, option or other evidence of title, right or interest to the subject property together with copies of all covenants, deed restriction easements, rights of way, or other encumbrances, including but not limited to liens and mortgages currently affecting the property.
□  N/A                        X Acceptable                    □ Not Acceptable

  • A Site Plan of the property that shall include the following:
  • The date the plan was prepared with the name, address and telephone number of the person or company that prepared such.
  • Scale is to be no more than 100 feet per inch. All dimensions to be marked in feet or decimals of a foot, north arrow shown, and paper size 24” by 36”.
  • Contour lines showing elevations in relation to mean sea level at appropriate intervals and existing and proposed final contours as well as interim contours for projects having sufficient duration that the Planning Board deems such interim contours are necessary. Contour intervals shall be a maximum of 2 feet.
  • Boundaries of the tract of land showing lot lines, abutting lots, the names of all such property owners, total acreage of the parcel(s), Town of Mount Desert Tax Assessor’s map and lot number(s).  
  • Location of existing activities and structures on the property.
  • Footprint of the operation as of the effective date of this ordinance including the active extraction area, all areas with overburden removed, access routes within the quarry, and all reclaimed and unreclaimed areas.
  • Approximate location of residences and structures on properties within 500 feet of the property lines of the parcel on which the quarry is located.
  • Location and identification of existing public and private streets, roadways and rights of-way on or abutting the property.
  • Location of existing access road and/or driveway to the activity from public roadways.
  • Location of all setbacks, buffers, conservation areas, and protected natural resources on the subject property including shoreland zone and district designations.
  • Location and arrangement of existing parking and loading areas and their appurtenant drives and maneuvering areas.
  • Location of existing and proposed utilities and easements, such as sanitary sewage, water supply, and electricity on the property.
  • Location, intensity, type, size and direction of all permanent and temporary outdoor lighting.
  • Location, design, and size of signs and all permanent outdoor fixtures such as fences, gates, utility poles that may be visible from public roads or adjacent properties.
  • Location of existing wetlands and vernal pools and required setbacks.  
  • Location, design, and type of existing and proposed berms, fences, hedges, and tree lines.
  • Location of existing natural drainage ways and proposed storm drainage facilities and stormwater control measures, including dimensions of culverts, pipes, etc. If any portion of the activity is in a flood prone area, the boundaries of any flood hazard areas and the 100- year flood elevation shall be delineated on the plan.
  • Location of existing wells:  within 500 feet of the property line and all wells on the parcel itself.
  • Location of proposed or existing fuel handling/storage, wash-down and hazardous material storage areas.
□  N/A                        □ Acceptable                  X Not Acceptable

  • A traffic impact narrative which includes an estimate of the average daily traffic during periods of operation, including peak hours, and projected to be generated by the activity.
□  N/A                        X Acceptable                    □ Not Acceptable

  • A soil erosion and sedimentation control plan, prepared in accordance with the standards contained in the Maine Erosion & Sedimentation Control Handbook for Construction:  Best Management Practices published by MDEP March 2004 or latest revision. If the project is located within the state mandated Shoreland Zone, the name and certification number of the person who will oversee activities causing or resulting in soil disturbance shall be included in the soil erosion and sedimentation control plan.
□  N/A                        X Acceptable                    □ Not Acceptable

  • A narrative description of the surface and ground water impacts, including protection plans, prepared by a hydrogeologist, licensed in the State of Maine.
□  N/A                        X Acceptable                    □ Not Acceptable

  • Stormwater Management Plan and narrative prepared by a Licensed Professional Engineer detailing specific erosion control and Stormwater Management measures and showing pre- and post-development runoff patterns for the two (2), ten (10) and twenty-five (25) year, 24 hour duration storm event, a contour map of the watershed and proposed Stormwater Management measures including drainage ditches, conduits, catch basins, culverts and impoundment areas.  The Management Plan should specify the source of water to be used for cooling of equipment and for other operations.  The plan should specify the measures taken to manage any runoff from water used for cooling or other operations.
□  N/A                        X Acceptable                    □ Not Acceptable


  • Proposed hours and days of operation.
□  N/A                        X Acceptable                    □ Not Acceptable

  • Types and amounts of equipment to be used in the operation, estimated levels of noise at the property line, and any measures to be used to control noise, dust, vibration, and pollution from the operation.
□  N/A                        □ Acceptable                  X Not Acceptable

  • A Spill Prevention, Control & Containment (SPCC) Plan.
□  N/A                        X Acceptable                    □ Not Acceptable

  • Blasting Plan, if any.
□  N/A                        X Acceptable                    □ Not Acceptable

  • A closure plan including: an estimated amount of material to be excavated annually, estimated longevity of the operation, the maximum vertical faces and final grades, a re-vegetation plan,  plans for future uses, timeline for closure, reclamation plans for inactive areas of quarry operations safety measures, phasing of the reclamation plan, and a cost estimate for closure site.
□  N/A                        X Acceptable                    □ Not Acceptable

  • Plan for Landscaping, screening and buffering the quarrying activity from abutters and any public roads and any measures to be used to control noise, dust, vibration, and pollution from the operation. An estimated amount of material to be excavated annually.
□  N/A                        □ Acceptable                  X Not Acceptable


Findings of Fact(s):                                                                                    
        Application was found to be incomplete.                                                         
                                                                                                        
VOTE:  Findings of Facts           (Randolph/Andrews)  4-0                                              

Conclusion of Law:  The application requirements for new activities, reoccurring, or expansions of existing activities have / have not been met.  Specifically, the following must be addressed:
                                                                                                        
                                                                                                        
                                                                                                        
                                                                                                        
VOTE:  Conclusion of Law           (Randolph/Andrews)  4-0                                              
FOR BOARD USE
APPLICATION:            001-2014        
PERMIT CONDITIONS:  In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
                                                                                                        
                                                                                                        
                                                                                                        
                                                                                                        
                                                                                                        
                                                                                                        
APPLICATION
APPROVED:                               DENIED11/18/2014      
(Date)                                          (Date)
THE MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER

SIGNATURES OF ALL VOTING BOARD MEMBERS:

                                                                Lili Andrews                    
Ellen Brawley, Chairman  (Abstaining)                   Lili Andrews, Acting Chairman   

        William Hanley                                                                          
William Hanley, Secretary, Pro-temp                     Dennis Kiley                    

        David Ashmore                                           Meredith Randolph                       
David Ashmore                                           Meredith Randolph