TOWN OF AL= EXANDRIA

NEW HAMPSH= IRE

AUTHORITY

Chapter 155-E of the New Hampshire Revised Statutes Annotated stipulates that, with some exceptions, all earth excavations in = the State are subject to regulation from the local municipality in which the operation occurs. Pursuant t= o the authority vested in the Planning Board by the voters of the Town of Alexan= dria and RSA 155-E, the Planning Board adopts the following regulations to gove= rn the excavation of earth materials in the Town of Alexandria.

SECTION II: PURPOSE AND SCOPE

The goals of this regulation are to: provide for reasonable opportunit= ies for excavation; minimize safety hazards which can be created by open excavatio= ns; ensure that the public health and welfare will be safeguarded; protect nat= ural resources and the environment; and maintain the aesthetic features of the Town. For the purpose of ach= ieving these goals, no earth materials in the Town shall be removed except in conformance with these regulations.

SECTION III: DEFINITIONS

A. ABUTTER means (1) any person whose property is located in New Hampshire and adjoin= s or is directly across the street or stream from the land under consideration.= (2) For the purposes of receiving testimony only, and not for purposes of notification, the term “abutter” shall include any person who is able to demonstrate = that his land will be directly affected by the proposal under consideration. (3) In the case of an abutting pr= operty being under a condominium or other collective form of ownership, the term “abutter” means the officers of the collective or association,= as defined in RSA 356-B:3, XXIII.B. (4) For purposes of notification and receiving testimony, “abutter” means all affected towns and the regional planning commission(s) in the case of a development having regional impact, as determined by the Board.

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B. APPLICANT means the owner of the property to be excavated or the owner’s agent= , so designated in writing as part of the excavation application.

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C. BOARD means the Planning Board of Alexandria.

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D. COMMERCIAL EXCAVATION means excavation of earth intended for commerce, excluding excavation that is strictly conducted for the purpose of alteration, renovation, improvement or construction to the property on which the excav= ation takes place. Any material le= aving the property for whatever reason is considered to be a commercial operatio= n.

E. CONTIGUOUS means land whose perimeter can be circumscribed without interruption in co= mmon ownership except for roads or other easements, in a single town, except in= the case of stationary manufacturing plants, whose perimeter is not defined by= town boundaries.

F. DIMENSION STONE means rock that is cut, shaped or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and is us= ed for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges, revetments, or for other architectural or engineering purposes. Dimension stone in= cludes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include = earth as defined below.

G. EARTH means sand, gravel, rock, top soil, loam or construction aggregate produce= d by quarrying, crushing or any other mining activity or such other naturally-o= ccurring unconsolidated materials that normally mask the bedrock.

H. EXCAVATION means a land area which is used, or has been used, for the commercial taki= ng of earth, including all slopes.

I. = ; EXCAVATION AREA means the area within an excavation site where excavation has occurred or is eligible to occur under the provi= sions of RSA 155-E. This is also k= nown as the pit area.

J. = ; EXCAVATION SITE means any area of contiguous land in common ownership upon which excavation takes place.

K. EXISTING EXCAVATION means any excavation which lawfully existed as of August 24, 19= 79, from which earth material of sufficient weight or volume to be commercially useful has been removed during the 2-year period before August 24, 1979.

L. EXPANSION:

a) Of existing excavations means excavation beyond the limits of the Town and the area which on 8/24/79 had been contiguous to and in common ownership with = the excavation site and has been appraised and inventoried for tax purposes as= part of the same tract as the excavation site.

b) Of stationary manufacturing plants means to any contiguous lands which were in common ownership with the site of the plant on 8/4/89.

M. RECLAMATION means the restoring of an excavation site to a standard at least equal to = those outlined in Section X of these regulations

N. STATIONARY MANUFACTURING AND/OR PROCESSING PLANTS means facilities which are placed o= n a site for the purposes of sorting, washing, screening, crushing, classifyin= g, drying or processing excavated earth materials.

SECTION IV: PROJECTS REQUIRING A PERMIT

A. Those that commenced operations since August 24, 1979 without first obtaining a permit, unless specifically exempted by Section V below.

B. Any excavation proposing to begin operation after the effective date of these regulations.

C. Those that have lawfully operated prior to August 24, 1979 and wish to expand the excavation area.

D. Those excavations from an area which on August 4, 1989 was contiguous to or was contiguous land in common ownership with stationary manufacturing and processing plants which were in operation as of August 24, 1979 and wish to expand.

SECTION V: PROJECTS EXEMPT FROM A PERMIT

A. The following projects do not require a permit, but are nevertheless subject to Sections IX, X and XI of these regulations. In the event of a question regard= ing compliance, the Board may require the owner/operator to come before the Bo= ard and submit such information as may be necessary to demonstrate compliance = with said standards.

1) Existing Excavations, provided that:

a) at the time operation began it was in compliance with any local ordinances th= at may have been in effect;

b) The owner or operator of such an excavation area shall have filed an excavation report per RSA 155-E:1(d) with the Board no later than August 4, 1991. Any existing excavation that fail= ed to file this report shall no longer be considered to be grandfathered and must obt= ain a permit from the Board before continuing excavation of the site.

B. The following projects do not require a permit, but are nevertheless subject to Sections IX, X, and XI of these regulations. Compliance with these standards is mandatory in order to retain the non-permit status. Loss of such non-permit status ca= n occur only after the Board has given written notice that the excavation is not in compliance and the owner has failed to bring it into compliance within 30 = days of receipt of such notice.

1) Excavations from a site which on August 4, 1989 was contiguous to or was contiguous la= nd in common ownership with stationary manufacturing and processing plants which= were in operation as of August 24, 1979 and which use earth obtained from such excavation site.

2) Excavations from a site which on August 4, 1989 was contiguous to, or contiguous land = in common ownership with stationary manufacturing and processing plants for w= hich local or state permits have been granted since August 24, 1979 and before August 4, 1989, which used earth obtained from such site.

3) An excavation performed exclusively for the lawful construction, reconstructi= on, or maintenance of a Class I, II, III, IV, or V highway. A copy of the pit agreement execu= ted between the pit owner and the governmental unit shall be filed with the Bo= ard; in addition, the provisions of Section VII of this regulation are to be complied with.

C. The following projects are exempt from a permit and are not subject to regulat= ion by the Board:

1) Excavation that is exclusively incidental to the lawful construction or alteration of= a building or structure, a parking lot or way including a driveway on a port= ion of the premises where removal occurs.&nbs= p; This excavation cannot be started, however, until any required stat= e and local permits have been issued.

2) Excavation that is incidental to agricultural or silvicultural activities, normal landscaping or minor topographical adjustment. In the event of questions, the Bo= ard shall determine what is incidental.

3) Excavation from a granite quarry for the purpose of producing dimension stone, if such excavation requires a permit under RSA 12-E (Mining and Reclamation).

A person owning land abutting a site which wa= s taken by eminent domain or by any other governmental taking upon which construction is taking place= may stockpile earth taken from the construction site and may remove the earth = at a later date after written notification to the Board.

SECTION = VI: ABANDONED EXCAVATIONS

A. Any excavation, except for those associated with stationary manufacturing plan= ts, for which the affected area has not been brought into complete compliance = with the reclamation standards of this regulation shall be considered abandoned= if:

1) No material of sufficient weight or volume to be commercially useful has been removed from the site during any 2-year period either before, on, or after August 4, 1989. The time per= iod may be extended if, prior to the end of the time period, the Board approves a reclamation timetable, and a bond or other surety is posted in a form and amount prescribed by the Board sufficient to cover the costs of reclaiming= the entire site.

2) The excavation is in use, but either has not been brought into compliance with= the incremental reclamation standards of this regulation, or a bond has not be= en posted and a reclamation timetable has not been approved by the Board.

3) The owner or operator of the excavation has neither secured a permit pursuant = to these regulations nor filed an excavation report with the Planning Board w= ithin the prescribed period.

B. In the event the Board determines that any abandoned excavation presents a ha= zard to the public health, safety or welfare, the owner may be required, follow= ing a public hearing, to comply with the timetable and bonding requirements outl= ined above, or to complete reclamation within a reasonable period of time. Should reclamation not be complet= ed, the Board may request the Town to authorize reclamation at the Town’s ex= pense. The Town’s costs shall cons= titute an assessment against the owner, and shall create a lien against the property. Such assessment an= d lien may be enforced and collected in the same manner as provided for real esta= te taxes.

C. The provisions of Paragraph B above also apply to any excavation which ceased commercially-useful operation prior to August 24, 1977, but for which the affected area has not been brought into compliance with the reclamation standards, if the Board determines in writing that a danger to public heal= th or safety exists.

SECTION = VII: PROHIBITED PROJECTS

A. For excavations within 50 feet of the boundary of a disapproving abutter or wi= thin 10 feet of an approving abutter unless approval is requested by said abutter. Abutter’s app= roval must be in writing.

B. Where existing visual barriers would be removed, except to provide access to the excavation.

C. Where the issuance of the permit would be unduly hazardous or injurious to the p= ublic welfare. The Board shall give particular consideration to such factors as noise, traffic, dust, fumes, or danger from operation.

D. The Board shall not grant a permit where the hours of proposed operation will create a disturbance to abutters or neighbors who live on the street(s) providing access to the site. Unacceptable hours of operation shall presumptively include operation beyond 7 am to 6 = pm Monday through Friday and 8 am to 12 noon on Saturday, with no operation on Sunday.

E. Where the excavation would substantially damage a known aquifer, as designated b= y the United States Geological Survey.

F. When the excavation cannot receive necessary approvals from state or federal agencies, such as Alteration of Terrain or Wetlands permits.

G. Where the excavation is not permitted by zoning or other applicable ordinances, provided, however, that reasonable opportunities for excavation exist in t= own, as described in RSA 155-E:4,III.

H. Where the project cannot comply with the requirements of Sections IX, X, and XI = of these regulations.

SECTION VIII: CRITERIA FOR NON-CONFORMING EXPANSIONS

Expansion of existing excavations located in an area = in which excavations are no longer permitted by local zoning that was in effe= ct on August 4, 1989 may be restricted or modified with conditions by the Board,= if after notice to the owner and a public hearing, the Board finds that the expansion will have a substantially different and adverse impact on the neighborhood. Impacts will v= ary depending upon the particular neighborhood, nevertheless, the following criteria will be taken into consideration:

§ For excavations not requiring a permit, the following standards apply. For those excavations requiring a permit, these standards are considered to be the minimum; more stringent standards such as are consistent with the purpose of these regulations may= be applied, as deemed necessary by the Board.

1. No excavation shall be permitted closer than 150 feet to an existing dwelling= or to a site for which a building permit has been issued at the time the excavation permit is granted.

2. No excavation shall be permitted below road level within 50 feet of the right-of-way of any public highway as defined in RSA 229:1 unless such excavation is for the purpose of said highway.

3. Vegetation shall be maintained, or, if not existing, shall be established within the peripheral areas of items 1 and 2 of this section in accordance with accep= table horticultural practices.

4. No fuels, lubricants or other toxic or polluting chemicals shall be stored on= -site unless in compliance with State laws or rules pertaining to the storage of= such materials.

5. Where temporary slopes will exceed a 1:1 grade, a fence or other suitable barric= ade shall be erected to warn of danger and/or to limit access to the site.

6. Appropriate drainage shall be provided to prevent the accumulation of freestanding wat= er for prolonged periods in accordance with RSA 155-E 4-aIV.

7. Excavation practices which result in continued siltation of surface waters or any degradation of water quality of any public or private water supplies are prohibited. The burden of pr= oof lies on the injured party to submit in writing to the Board details of the incident.

8. No excavation shall be permitted within 75 feet of any great pond, navigable river, or any other standing body of water 10 acres or more in area, or wi= thin 25 feet of any other stream, river or brook which normally flows throughou= t the year, or any naturally-occurring standing body of water less than 10 acres, prime wetland as designated in accordance with RSA 482-A:15,I, or any other wetland greater than 5 acres in area as defined by the Wetlands Board.

1. Acceptable hours of operation shall be 7 am – 6 pm Monday through Friday and 8 = am – 12 noon on Saturday, with no operation on Sunday. The Board may modify these hours depending on resident’s needs and the needs of the gravel pit owners= .

2. No excavation shall be permitted within six feet of the seasonal high water table. A waiver to such proh= ibition shall be granted if the applicant demonstrates that such excavation will n= ot adversely affect water quality, provided, however, that written notice of = such exception shall be recorded in the registry of deeds, one copy filed with = the Department of Environmental Services, and one copy filed with the Board.

SECTION = X: SITE RECLAMATION STANDARDS

A. For excavations not requiring a permit, the following standards apply. For excavations requiring a permi= t, these standards are considered to be the minimum; more stringent standards= such as are consistent with the purpose of these regulations may be applied, as deemed necessary by the Board.

B. Within 12 months following the expiration date of a permit issued under these regulations, or the completion of any excavation, whichever occurs first, = the excavated area shall be reclaimed in accordance with the following standar= ds:

1. Areas visible from a public way, from which trees have been removed, shall be replanted with tree seedlings, set out in accordance with acceptable horticultural practices.

2. Except for exposed rock ledge, all disturbed areas shall be spread with topsoil o= r any other soil capable of maintaining vegetation, and shall be planted and maintained with seedlings or grass suitable to prevent erosion.

3. All earth and vegetative debris resulting from the excavation shall be removed= or otherwise lawfully disposed of.

4. All slopes, except for exposed ledge, shall be graded to natural repose for the type of soil of which they are composed so as to control erosion or at a r= atio of horizontal to vertical proposed by the owner and approved by the Board.= Changes of slope shall not be abr= upt, but shall blend with the surrounding terrain.

5. Any standing bodies of water created by the excavation that are judged to cons= titute a hazard to health and safety shall be eliminated.

6. The topography of the land shall be left so that water draining from the site leaves the property at the original, natural drainage points and in the na= tural proportions of flow.

7. Any excavation permit applicant that requires a RSA 485-A17 alteration of terr= ain permit from NH DES shall incorporate the requirements of these regulations= , to the extent that they are more restrictive, in any NH DES permit application. Copies of all s= uch permits shall be filed with the Board.

SECTION XI: INCREMENTAL RECLAMATION

Except for excavation sites of operating stationary manufacturing plants, any excavated area of 5 contiguous acres or more whi= ch is depleted of commercial earth materials, excluding bedrock, or any excavati= on from which earth materials of sufficient weight or volume to be commercial= ly useful have not been removed for a 2-year period, shall be reclaimed in accordance with Section X of these regulations within 12 months following = such depletion or non-use, regardless of whether other excavation is occurring = on adjacent land in contiguous ownership.&nb= sp; A reclamation plan, including a reclamation timetable for the deple= ted areas within the reclamation site, shall be submitted to the Board for approval.

SECTION XII: PERFORMANCE GUARANTEE

A. Prior to the granting of any permit, or to the removal of topsoil or other overb= urden material from a new area within an existing excavation site, the applicant shall submit to the Selectmen a bond with sufficient surety as determined = by the Planning Board. The purp= oses of the bond are to guarantee reclamation of the area, compliance with the per= mit, and any inspections. Off-sit= e improvements for potential damage of Town roads or facilities caused by the transportat= ion of earth materials shall be discussed at this stage.

B. The surety may be in the form of cash or letters of credit, which shall be in = an amount and form acceptable to the Board and its legal counsel. The surety may be phased to coinc= ide with the phasing of work, in an amount sufficient to guarantee reclamation= of the applicable section, to be released as sections are completed. Prior to a new section being open= ed, new securities shall be posted. = The surety shall not be released until the Board is satisfied that all conditi= ons of the site reclamation plan have been complied with.

SECTION XIV: EXCEPTIONS

Due to the diverse nature of excavation operations wh= ich vary in scale and scope, and due to the varying conditions of the land to = be excavated, the Board may, upon application and following a duly-noticed hearing, grant any exception in writing to the standards contained in Sect= ions IX, X, XI, and XII for good cause shown.&= nbsp; The written decision shall state specifically what requirements are being waived and include any reasonable alternatives.

SECTION XV: APPLICATION PROCEDURES

Prior to the Board rendering a decision for an excava= tion permit, a public hearing shall be held, with due notification of all abutt= ers and the public. The procedur= e for holding these public hearings is as follows:

A. Filing of the Applications

1. Applications for excavation permits shall be filed with the Planning Board Clerk no lat= er than 21 days before the next regularly scheduled Board meeting before perm= it expiration. A completed application shall consist of a completed application page, a completed abu= tters list and the appropriate fees as calculated on the application page. The application must be approved = by the Planning Board prior to filling the Intent to Excavate form with the Selectmen’s Office.

2. The application will be reviewed with the applicant at the meeting, and will be accepted by the Board only if it is found to meet all submission requireme= nts for a completed application. Should the application not be accepted as complete, another meeting must be sched= uled for submission.

B. Board Action on Application

= 1. Upon receipt of a completed application the Planning Board will consider the application at the next regularly scheduled meeting.

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= 2. Providing that the application is complete, the Board shall vote to accept the application, after which time the Board has 30 days to schedule a public meeting.

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= 3. Within 20 days of the close of the hearing on the application, or any continuation thereof, the Board shall make a decision.= Notice of this decision shall be recorded in the minutes of the mee= ting and placed on file in the Town offices within 144 hours.

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= 4. The applicant shall receive a copy of the minutes along with the decision. If the application was approved w= ith special conditions, these conditions shall also be stated. In the event the application is disapproved, the reasons for the disapproval shall be given.

C. Notices Required for Public Hearing

1. All abutters will be notified by certified mail, not less than 10 days prior t= o the meeting at which the application will be submitted for acceptance. Names and addresses of abutters m= ust be taken from Town records not more than five (5) days before filing the application.

2. Public notice will appear in a newspaper of general circulation and in at least t= hree public places not less than 10 days prior to the meeting.

3. The notice must include the location and general description of the proposal, = as well as the date, time and place of the meeting.

D. Fees

1. A filing fee of $75 plus postage and a $100 advertising fee shall be paid up= on submission of an application, to defray the costs of posting notice for the public hearing. Failure to p= ay such cost shall constitute grounds for the Board to not accept the application.=

2. A permit fee of $50 shall be paid upon the issuance of a permit, to defray t= he costs of permit compliance.

3. A fee payable to the Register of Deeds shall be paid upon approval, for the filing of the plan.

4. Additional reasonable fees shall be charged should the Board require the advice of an engineer or other expert to review plans or inspect the site to determine permit compliance.

SECTION XVI: APPLICATION SUBMISSION ITEMS

The applicant for an excavat= ion permit shall submit to the Planning Board a completed application form, in= cluding a current abutters list, an excavation and a reclamation plan, any other submission documents as requested, and the filing fee. At least three copies of all plan= s shall be filed with the Planning Board prior to a regularly scheduled Board meet= ing, and one copy shall be sent to the Conservation Commission. The plans shall be at a scale of 1” =3D 100’.

A. Excavation Plan

The excava= tion plan shall address specific actions to be taken on the site relative to fuel and chemical handling and storage, dust control, traffic, noise control and abatement, and comprehensive site safety of unauthorized persons. The plan shall, at a minimum, con= tain the following items unless waived by the Board:

1. Name and address of the owner, the excavator (if different) and all abutters.

2. Name, address and signature of the person preparing the plan; date, bar scale and north arrow.

3. Zoning district boundaries of the proposed area and within 200 feet of the bounda= ry of the project.

4. Perimeter survey by a licensed engineer of the location and boundaries of the propos= ed and any existing excavations; the area in square feet and acre. Board will accept copies of engin= eering drawings required by NHDES in lieu of additional engineer drawings.

5. The location of existing buildings, structures, septic systems and wells withi= n 200 feet of the boundary of the project.

6. Public streets, driveways, intersections, rights-of-way, and all easements within= 200 feet; road network to be affected; intended transportation routes to be us= ed.

7. Topography at contour intervals of five feet or less.

8. All surface drainage patterns including wetlands and standing water.

9. Sketch and description, and/or engineer surveyed map at the request of the Board,= of existing and proposed access roads, including width and surface materials.=

10. The breadth, depth and slope of the proposed excavation and the estimated dura= tion of the project.

11. The elevation of the highest annual average ground water table within or next = to the proposed excavation.

12. Test= pits that extend to either the seasonal high water table, ledge, or a minimum o= f six feet below the maximum proposed excavation depth, including location and s= oils data; boring logs may be submitted separately.

13. Prop= osed fencing, buffers or other visual barriers, including height and materials.=

14. All measures to control erosion, sedimentation, water pollution, air pollution= , and any hazards to human safety.

15. Plan= s for storm water management.

16. Plan= s for equipment maintenance.

17. Meth= ods to prevent materials from the site from being tracked onto public roadways.

18. Copi= es of all necessary state and federal permits.

19. Sign= ed and dated by licensed soil scientist/engineer. Board will accept copies of engineering drawings required by NHDES = in lieu of additional drawings.

B. Reclamation Plan

The reclam= ation plan shall address the effects of the proposed excavation on soil, surface= , and ground water, vegetation, overburden, topography, and fill material, and s= hould address future land use consistent with the Master Plan. The plan shall, at a minimum, con= tain the following items unless waived by the Board:

= 1. Seal and signature of a licensed surveyor or engineer. Board will accept copies of engin= eering drawings required by NHDES in lieu of additional drawings.

= 2. All boundaries of the area proposed for reclamation and the land within 200 fe= et of the boundary of this site.

= 3. First topography of the area proposed for reclamation, at contour intervals of f= ive feet or less.

= 4. Final surface drainage pattern, including the location and physical characterist= ics of all artificial and/or modified drainage facilities.

= 5. Timetable as to fully-depleted sites within the excavation area.

= 6. Schedule of final reclamation activities including seeding mixtures, cover vegetati= on, fertilizer types, and application rates.

C. Other Information

The Board = reserves the right, per RSA 155-E:3,VII to request any other information it deems necessary to make an informed decision, or to have plans reviewed by an ou= tside agency. According to the aut= hority vested in the Board by RSA 676:4,I(g), any reasonable expenses incurred for such information or reviews shall be charged to the applicant. Failure to pay such costs constit= utes valid grounds for the Board to deny the application.

SECTION XVII: ADMINISTRATION AND ENFORCEMENT

A. Permits

1. Permits shall be issued only to the owner or his agent and shall not be transferab= le without the prior written consent of the Board. A copy of the permit shall be prominently displayed at the site or the principal access to the site.

2. A permit shall be valid for three years and the expiration date shall be specified. An application fo= r a renewal must be submitted to the Board not less then 90 days prior to the expiration of the current permit. <= /span>A permit is automatically withdrawn if no substantial work is done on the si= te for a period of one year from the date of the issuance of the permit.

3. Failure to file for a permit shall be considered a violation and operators who fai= l to file will be issued a cease and desist order.

4. The Board may include in the permit any such reasonable conditions as are consistent with the purpose of these regulations.

5. The Board will establish a schedule by which all permitted sites are inspected= on an annual basis. The gravel = pit committee will conduct an annual inspection except in the year of applicat= ion or 3-year application renewal.

B. Amendments and 3-Year Renewals

Permit holders wishing to al= ter the size or location of the excavation, the rate of removal or the plan for reclamation shall apply for a renewal or amendment, following the same procedures as those required for the original excavation permit.

C. 1-Year Renewal

Permit holders must submit t= o the Board a copy of their current bond, completed application, abutters list a= nd map update of pit operations.

D. Inspections

The Board or its designee ma= y make periodic inspections of all excavation sites to determine if the operation= s are in conformance with these regulations and the approved plans.

E. Suspensions and Revocations

The Board may suspend or rev= oke a permit if the Board determines that any provision of the permit has been violated, a material misstatement made in the application upon which a per= mit was granted, or any unsafe or hazardous conditions are determined by a site inspection to exist. Such suspension or revocation shall be subject to a motion for rehearing thereo= n and appeal in accordance with these regulations.

F. Appeals

Any person affected by the Board’s decision to approve or disapprove an application or any amen= dment thereto or any suspension or revocation of a permit, may appeal to the Boa= rd for a rehearing on such decision or any matter determined thereby. The motion for rehearing shall be= filed within ten (10) days of such decision and shall fully specify every ground= upon which it is alleged that the decision or order complained of is unlawful or unreasonable. The Board shall either grant or deny the request for rehearing within ten (10) days, and i= f the request is granted, a rehearing shall be scheduled within thirty (30) days. Any person affected by= the Board’s decision on a motion or rehearing may appeal in accordance with RSA 677:4-= 15.

G. Penalties

Fines, penalties and remedie= s for violations of this regulation shall be the same as for violations of RSA 6= 76:15 and RSA 676:17. Whoever viol= ates any provision of this regulation, a permit or a valid order issued hereund= er shall be guilty of a misdemeanor.

SECTION XVIII: SEPARABILITY

The invalidity of any provis= ion, sentence, paragraph, etc. of this regulation shall not affect the validity= of any other provision, sentence, paragraph, etc.

SECTION XIX: EFFECTIVE DATE

These regulations shall take= effect upon adoption by the Board and as amended.

APPENDIX I=

APPLICATION PACKAGE