Excavation, Removal, Disturbance of Items

(1) The purpose of 946 CMR 4.18 is to maintain the public safety, health, and welfare of the residents of and visitors to Devens by proscribing activities that may disturb or otherwise lead to the exposure of dangerous or potentially dangerous items from the lands or waters of Devens. As a former military installation of the United States, munitions and explosives of concern (MEC), including unexploded ordnance (UXO) (as defined in 10 U.S.C. 101(e)(5)), discarded military munitions (DMM) (as defined in 10 U.S.C. 2710(e)(2) or munitions constituents (MC) (e.g., TNT, cyclotrimethylenetrinitramine (RDX)) (as defined in 10 U.S.C. 2710(e)(3)), present in high enough concentrations to pose an explosive hazard (DESR 6055.09)), have been, and continue to be, found in Devens. The Agency, in addition to other entities of competent jurisdiction, have posted educational signage around Devens explaining what UXO and MEC are and how to identify it in various public locations around Devens. Emergency disposal teams have been dispatched to respond to recovered MEC in Devens which were determined to pose an explosive hazard to the public, and the Agency has determined that there is a substantial risk that such unauthorized recovery activity or attempts to recover MEC may continue if not regulated. (2) Unless authorized by the Agency, or another entity of competent jurisdiction with notice to the Agency, no person shall excavate, disturb, dislodge, retrieve, take possession of or dispose of, or attempt to excavate, disturb or dislodge, retrieve, take possession or dispose of any manmade item or portion thereof from any lands or waters of Devens. The foregoing prohibition shall not apply to activities conducted by an owner (or his or her agent) of a privately-owned residential parcel on said parcel; provided, however that such activities are being conducted in accordance with the Agency's Devens Soil Management Policy as amended from time to time and available at: http://www.devensec.com/development/Devens_Soil_Mgmt_and_UXO_Policies_and_Proce dures.pdf. For the purposes of 946 CMR 4.18(2), "attempt" shall include the use of "metal detectors" or any device utilizing magnetic, electromagnetic, SONAR or ground penetrating radar energy to detect or locate unseen or submerged metallic objects. (3) The activity known as "magnet fishing", in which a magnetic device is used to retrieve items from a body of water or watercourse is expressly prohibited. Use of any equipment including, but not limited to, dredging equipment, grappling hooks or equipment used for dragging or trawling, that may remove, retrieve or otherwise dislodge any manmade object from a body of water or land underlying a body of water is prohibited. These prohibitions shall not apply to common recreational fishing poles and associated tackle. PENALTIES AND ENFORCEMENT DEFINED