4.0 Abandoned Excavations

The permit and zoning exemptions under Section 3.0 shall not apply to any abandoned excavations as defined in Section 4.1.

4.1 Abandoned Excavations.

Any excavation except for excavations or excavation sites described in RSA 155-E:2, III, for which the affected area has not been brought into complete compliance with the reclamation standards of this regulation (Sections 6.0 and 8.0) shall be deemed abandoned if:

1. no earth material of sufficient weight or volume to be commercially useful has been removed from the excavation site during any two (2) year period; the owner or operator may, however, extend the period by submitting a reclamation time table to be approved by the Planning Board and posting a bond or other surety in a form and amount prescribed by the Planning Board sufficient to cover the costs of reclamation of the excavation site; or
2. the excavation site is in use and is not a stationary manufacturing plant, but doesn't conform with the incremental reclamation requirements of this regulation or the owner or operator has not posted a bond or other surety sufficient to cover the costs of reclamation; and submitted a reclamation time table to be approved by the Planning Board;
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 as required by Section 3.1.

4.2 Reclamation of Abandoned Excavations.

The Planning Board may order the owner of any land containing an abandoned excavation to either file a reclamation time table to be approved by the Board and bond or other surety, or to complete the reclamation in accordance with this regulation within a stated reasonable time. Failure to complete said reclamation within the prescribed time period may result in the Planning Board requesting the governing body to cause reclamation to be completed at the expense of the municipality. The municipality's costs shall constitute an assessment against the owner, and 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.

The site of an excavation which ceased commercially useful operation prior to August 24, 1977 (see Section 3.1), but for which the affected area has not been brought into compliance with the reclamation standards of Section 8.0, may be made subject to the remedy prescribed in this section only if the Planning Board finds in writing that specified reclamation measures are necessary to eliminate or mitigate an identified hazard to public health or safety.