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HOSTED DOCUMENTS
East Montpelier Ground Water Regulations Draft
from the Land Use Regulations Draft
Extract from East Montpelier Town Proposed Vermont Land Use and Development Regulations, Final Revised Draft, dated October 2008, to be voted on by resident citizens on January 6th.
Article 4. Specific Use Standards
Section 4.6.2 Extraction or Withdrawal of Ground Water Resources
(A) The extraction, withdrawal or removal of groundwater, including spring water, for non-domestic purposes, which exceeds 57,600 gallons per day may be allowed in designated districts subject to conditional use review under Section 5.4 and subject to the state's public trust provisions. In addition to the conditional use standards, the Board of Adjustment shall also require the applicant to delineate the withdrawal's zone of influence showing:
(1) depth and type of materials installed to enable the extraction, withdrawal or removal;
(2) a map showing properties, structures and surface waters, including wetlands, within a 0.25 and 0.50 mile radius from the point of extraction, withdrawal, or removal;
(3) estimates on the projected mean and peak daily, monthly and annual withdrawal volume; and,
(4) a detailed plan for the restoration of the site, including final grading and re-vegetation.
(B) In granting approval, the Board of Adjustment shall find that the proposed extraction, withdrawal or removal will not cause a hazard to public health and safety, or adversely affect neighboring properties, property values or public facilities and services, surface water and groundwater supplies, critical wildlife habitat, or other natural, cultural, and historic features. To ensure compliance with this Section, the Board may impose conditions or limits with regard to any of the following factors:
(1) depth of removal and type of materials, structures and equipment installed;
(2) quantity, volume or rate of groundwater extracted, withdrawn or removed
(3) storage of equipment and stockpiling of materials on-site;
(4) hours of operation;
(5) effect on adjacent properties due to noise or vibration;
(6) effect on traffic and road conditions, including potential physical damage to public highways or road rights of way;
(7) creation of nuisances or safety hazards;
(8) effect on ground and surface water quality, and other nearby groundwater supplies;
(9) effect on natural, cultural, historic, or scenic resources on-site or in the vicinity of the project.
(C) A performance bond, escrow account, or other surety acceptable to the Selectboard may be required to ensure reclamation of the land upon completion of the groundwater extraction activity, to include any re-grading, reseeding, reforestation or other reclamation activities that may be required. Upon failure of the permit holder, or their successors or assigns, to complete site reclamation as required, the town may take legal action as appropriate to ensure site reclamation and cost recovery.
(D) This section shall not apply to groundwater extraction activities associated with agricultural and/or forestry operations or to the extraction of groundwater used for individual or domestic water supply purposes.