SECTION 4 - ABANDONED EXCAVATIONS
The permit and zoning exemptions under Section 3 shall not apply to any abandoned excavations as defined in Section 4.1.
4.1 Any excavation for which the affected area has not been brought into complete compliance with the reclamation standards of this regulation (Section 6 and 8) shall be deemed abandoned if excavation occurred on the site subsequent to August 24, 1979, and:
4.1.1 no earth material has been removed from the excavation site during any three (3) year period; the Regulator may extend the 3 year period if the owner/operator submits an acceptable time table for reclamation to the Regulator and posts a bond or other surety in a form and amount prescribed by the Regulator sufficient to cover the costs of reclamation; or
4.1.2 the excavation is still is use, but the owner or operator has not brought the affected area into compliance with the incremental reclamation requirements of this regulation within three (3) years of August 4, 1989, or posted a bond or other surety sufficient to cover the coss of reclamation; or
4.1.3 the owner or operator of the excavation has neither secured a permit pursuant to this regulation nor filed a report of an existing excavation within the prescribed time period specified in 3.1.5.
4.2 The Regulator, after notice and hearing pursuant to RSA 155-E:7, may order the owner of any land containing an abandoned excavation to either file a reclamation time table and bond or other surety within six months of notification by the Regulator to do so, or to complete the reclamation in accordance with this regulation within one year of notification. The time periods stated above may be changed for particular applications only if specifically authorized in writing by the Regulator.
Failure to complete said reclamation within the prescribed time period may result in the regulator requesting the governing body to cause reclamation to be completed at the expense of the municipality. The municipality’s costs shall create a lien against the real estate on which the excavation is located. Such assessment and lien may be enforced and collected in the same manner as provided for real estate taxes.
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