Ch. 200: Metallic Mineral Exploration, Advanced Exploration and Mining

MaineRegulations

Ask Donna

How this section applies to your facts.

Code of Maine Rules › 06-096 Department of Environmental Protection - General › Ch. 200

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

1. Applicability 1

2. Definitions 1

3. General Prohibitions 11

4. Relation to Other Rules 12

SUBCHAPTER 2: ENVIRONMENTAL REQUIREMENTS FOR EXPLORATION AND ADVANCED EXPLORATION 13

5. Purpose of Exploration and Advanced Exploration Requirements 13

6. Applicability of Exploration and Advanced Exploration Requirements 13

7. Exploration Activities 13

A. Other Applicable Permit Requirements 13

B. Standards 13

C. Submission Requirements 16

8. Advanced Exploration 17

A. General Standards and Requirements 17

B. Submission Requirements 17

C. Tier One Advanced Exploration 17

D. Tier Two Advanced Exploration 18

SUBCHAPTER 3: PERMITS 18

9. Application Requirements 18

A. Pre-Application Meeting 18

B. Application Contents 19

C. Baseline Site Characterization Report 21

D. Mining Operation Plan 23

E. Engineering Report 25

F. Quality Assurance Plan (QAP) 25

G. Environmental Impact Assessment 26

H. Alternatives Analysis 27

I. Mine Plan 28

J. Monitoring Plan 29

K. Contingency Plan 30

L. Financial Assurance 31

10. Public and Local Participation 31

A. Notification and Participation Requirements 31

B. Pre-Application Phase- Publication and Notice Baseline Work Plan 32

C. Preparation of Environmental Impact Assessment Scoping Document 32

D. Application Phase- Advanced Notice of Intent to File 33

E. Notice of Intent to File Applications 34

F. Application Phase- Adjudicatory Hearings 34

G. Application Phase- Intervenor Status 35

H. Assistance Grants for Municipal and County Intervenors 35

I. Access to the Site by Intervenors 36

J. Public Information Website 36

11. Criteria for Mining Permit Approval 36

A. Permit Approval 36

B. Requirements 39

C. Effect of Current Violation 39

D. Effect of Compliance History 39

E. Effect of Financial Assurance Defaults 39

12. Permit Conditions 39

A. Standard Conditions 39

B. Special Conditions 44

13. Duration of Permit 44

14. Termination of Permit 45

15. Transfer of Permit 46

16. Amendment of Permit 48

SUBCHAPTER 4: FINANCIAL ASSURANCE AND INSURANCE 49

al 36

A. Permit Approval 36

B. Requirements 39

C. Effect of Current Violation 39

D. Effect of Compliance History 39

E. Effect of Financial Assurance Defaults 39

12. Permit Conditions 39

A. Standard Conditions 39

B. Special Conditions 44

13. Duration of Permit 44

14. Termination of Permit 45

15. Transfer of Permit 46

16. Amendment of Permit 48

SUBCHAPTER 4: FINANCIAL ASSURANCE AND INSURANCE 49

17. Financial Assurance and Insurance Requirements 49

A. Requirements 49

B. Coverage of Financial Assurance 51

C. Allowable Forms of Financial Assurance 52

D. General Terms and Conditions of Financial Assurance 52

E. Financial Assurance Mechanisms 53

F. Release of Financial Assurance 54

G. Forfeiture of Financial Assurance to the Department 56

H. Insurance Requirement 56

18. Failure to Maintain Financial Assurance 57

SUBCHAPTER 5: STANDARDS FOR ADVANCED EXPLORATION AND MINING 57

19. General Provisions 57

20. Performance Standards 58

A. General Requirements 58

B. Siting 59

C. Erosion, Stormwater and Dust Management 61

D. Underground Mine Openings 61

E. Reactive Mine Waste Characterization 61

F. Mine Waste Classification 62

G. Reactive Mine and Designated Chemical Materials Management Systems 63

H. Containment Structures 63

I. Storage Piles 65

J. Water Quality and Water Management Systems 65

K. Blasting 66

L. Air Quality Standards 69

M. Noise 70

N. Preservation of Historic Sites 70

O. Preservation of Unusual Natural Areas 70

P. No Unreasonable Effect on Scenic Character 70

Q. Protection of Wildlife and Fisheries 71

21. Mine Waste Unit Design Standards 72

A. Requirements 72

B. Alternative Design Process 73

C. Tailings Management 74

22. Monitoring and Reporting Requirements 74

23. Reclamation 80

24. Closure and Post-Closure Maintenance Standards 82

A. Closure Maintenance Criteria 82

B. Post-Closure Maintenance Criteria 85

SUBCHAPTER 6: MINING INSPECTION, RECORDKEEPING AND REPORTING REQUIREMENTS 87

25. Inspection and Maintenance 87

26. Reporting Requirements 89

A. Requirements 89

B. Mining and Reclamation Report 89

ment 74

22. Monitoring and Reporting Requirements 74

23. Reclamation 80

24. Closure and Post-Closure Maintenance Standards 82

A. Closure Maintenance Criteria 82

B. Post-Closure Maintenance Criteria 85

SUBCHAPTER 6: MINING INSPECTION, RECORDKEEPING AND REPORTING REQUIREMENTS 87

25. Inspection and Maintenance 87

26. Reporting Requirements 89

A. Requirements 89

B. Mining and Reclamation Report 89

27. Notification Requirements 90

28. Recordkeeping Requirements 91

SUBCHAPTER 7: SUSPENSION OF MINING 91

29. Suspension of Mining and Resumption of Mining After Suspension 91

SUBCHAPTER 8: ENFORCEMENT AND COMPLIANCE 93

30. Permittee Required to Correct Violations and Deterioration of Site Conditions 93

31. Imminent Endangerment 94

32. Effect of Revocation of a Mining Permit or Suspension of Mining Activities 94

33. Enforcement and Compliance Orders Issued Under this Chapter 95

SUBCHAPTER 9: EXCLUDED ACTIVITIES 98

34. General Provisions 98

35. General Submission Provisions 99

36. Pre-application Sampling and Testing Plan 99

37. Pre-application Water Quality Evaluation Plan 100

38. Exclusion Application Submissions 101

39. Exclusion 102

06-096 Chapter 200: METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING

Subchapter 1: GENERAL PROVISIONS

Applicability.

A. To all metallic mineral exploration, advanced exploration and mining activities after the effective date of this Chapter, except exploration for or physical extraction, crushing, grinding, physical sorting or storage of metallic minerals when such activity has been excluded from the requirements of this Chapter as determined by the Department in accordance with Subchapter 9.

NOTE: Persons seeking to conduct exploration activities in the unorganized or deorganized areas of the State should contact the Maine Land Use Planning Commission.

B. The following activities are prohibited, and no permit shall be issued under this Chapter to a mining operation that includes:

(1) Heap, percolation or in-situ leaching.

(2) Mining for thorium or uranium ore.

ance with Subchapter 9.

NOTE: Persons seeking to conduct exploration activities in the unorganized or deorganized areas of the State should contact the Maine Land Use Planning Commission.

B. The following activities are prohibited, and no permit shall be issued under this Chapter to a mining operation that includes:

(1) Heap, percolation or in-situ leaching.

(2) Mining for thorium or uranium ore.

(3) Block caving.

(4) Open-pit mining.

(5) Wet mine waste units and tailings impoundments are prohibited, except that a mining operation may place into a mine shaft waste rock that is neutralized or otherwise treated to prevent contamination of groundwater or surface water.

2. Definitions. As used in this Chapter, unless the context otherwise indicates, the following terms have the following meanings:

A. Acid Potential. “Acid potential” or “acid generating potential” means the ability of a rock or geologic material to produce acid leachates.

B. Acid Rock Drainage. “Acid rock drainage” means the drainage that occurs as a result of oxidation of sulfide minerals contained in rock which is exposed to air and water.

C. Act. “Act” means the Maine Metallic Mineral Mining Act at 38 M.R.S. §490-LL et seq.

D. Active Treatment System. “Active treatment system” or “active treatment” means a system that treats water or wastewater with the active addition of chemical reagents or the application of external energy. Active treatment does not include periodic inspections and routine maintenance such as the mowing of vegetation.

D-1. Actively Mined Area. “Actively mined area” means the area that is actively used for the physical extraction of metallic minerals and not yet reclaimed. “Actively mined area” does not include areas where metallic minerals or extracted material are stockpiled or stored; areas where extracted material is crushed, ground, or physically sorted; areas that include buildings or other structures relating to or supporting mining activities; or access roads, parking lots, or other related infrastructure.

action of metallic minerals and not yet reclaimed. “Actively mined area” does not include areas where metallic minerals or extracted material are stockpiled or stored; areas where extracted material is crushed, ground, or physically sorted; areas that include buildings or other structures relating to or supporting mining activities; or access roads, parking lots, or other related infrastructure.

E. Administratively Complete. “Administratively complete” means an application for a mining permit under this Chapter that is determined by the Department to contain all of the documents and information required to initiate processing under this Chapter.

F. Advanced Exploration. “Advanced exploration” or “advanced exploration activity” means any metallic mineral bulk sampling or exploratory activity that exceeds those activities that are exploration activities, but removes 10,000 tons or less of mine waste. Samples taken as part of “exploration” are not considered bulk sampling.

G. Advanced Exploration Mining Permit. “Advanced exploration mining permit” means a mining permit to conduct metallic mineral advanced exploration activities.

H. Advanced Exploration Site. “Advanced exploration site” means the area and facilities within which advanced exploration or activities incidental to it occur, or may reasonably be expected to occur.

I. Adverse Impact or Adverse Effect. “Adverse impact” or “adverse effect” means an unreasonable impact or effect on the associated attribute, as determined by the Department based on an evaluation of information that considers the value of the resource and the degree of impact or effect, on an associated existing attribute such as environment, scenic character, natural resource, or public health and safety.

J. Affected Area. “Affected area” means an area outside of a mining area where the land surface, surface water, groundwater, air resources, soils, or existing uses are potentially affected by mining operations as determined through an environmental impact assessment.

ffect, on an associated existing attribute such as environment, scenic character, natural resource, or public health and safety.

K. Air Contaminants. “Air contaminants” or “air contaminant” includes, but is not limited to dust, fumes, gas, mist, particulate matter, smoke, vapor, or any combination thereof.

L. Applicant. “Applicant” means any person who applies to the Department for a mining permit.

M. Approved Suspension. “Approved suspension” means a temporary suspension of mining issued pursuant to section 29 of this Chapter and approved in writing by the Department.

N. Aquifer. “Aquifer” means a geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water as identified by the Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry.

O. Assurance Instrument. “Assurance instrument” means a financial instrument executed in favor of the Department in a form approved by the Department and which is insured by an agency of the United States government or whose letter of credit operations are overseen or are regulated and examined by a federal or state agency.

P. Baseline Conditions. “Baseline conditions” or “baseline site conditions” means pre-mining conditions for a specific location and shall include, but not be limited to characterization of the following resources: wildlife; surface water and groundwater quality and quantity; vegetation, including the presence or absence or rare, threatened or endangered species; and air quality.

Q. Beneficiation. “Beneficiation” means the treatment of ore to liberate or concentrate its valuable constituents

itions for a specific location and shall include, but not be limited to characterization of the following resources: wildlife; surface water and groundwater quality and quantity; vegetation, including the presence or absence or rare, threatened or endangered species; and air quality.

Q. Beneficiation. “Beneficiation” means the treatment of ore to liberate or concentrate its valuable constituents. “Beneficiation” includes, but is not limited to, crushing, grinding, washing, dissolution, crystallization, filtration, sorting, sizing, drying, sintering, pelletizing, briquetting, calcining, roasting in preparation for leaching to produce a final or intermediate product that does not undergo further beneficiation or processing, gravity concentration, magnetic separation, electrostatic separation, flotation, ion exchange, solvent extraction, electrowinning, precipitation, amalgamation, and dump, vat, tank and in situ leaching.

R. Blasting. “Blasting” means the use of explosives to break up or otherwise aid in the extraction or removal of a rock or other consolidated natural formation.

S. Block Caving. “Block caving” is an underground hard rock mining method that involves undermining an ore body and allowing it to progressively collapse under its own weight. In block caving, a large section of rock is undercut, creating an artificial cavern that fills with its own rubble as it collapses. This broken ore falls into a pre-constructed series of funnels and access tunnels underneath the broken ore mass.

T. Board. "Board" means the Board of Environmental Protection.

U. Buffer. “Buffer” means actions or structures used to separate, shield, screen, or lessen the effect of the mine operation on the surrounding area by reducing noise or dust, improving aesthetics, controlling stormwater, and protecting the public health, safety, and welfare.

V. Bulk Sampling

unnels underneath the broken ore mass.

T. Board. "Board" means the Board of Environmental Protection.

V. Bulk Sampling. “Bulk sampling” means the removal of samples for the purpose of testing to determine the feasibility, method, or manner of extraction and/or processing of metallic minerals. Such testing may include milling or grinding tests and/or pilot plant and processing tests. Methods of bulk sampling may include, but are not limited to, drilling and boring, digging of shafts and tunnels, or digging of pits and trenches. For purposes of this Chapter, bulk sampling of metallic mineral deposits is included in advanced exploration and is limited to the removal of no more than 10,000 tons of mine waste.

V-1. Cement. “Cement” means any of the various calcined mixtures of clay and limestone that can be mixed with water and used as an ingredient in making mortar or concrete.

W. Closure. “Closure” means activities undertaken to manage a mining area and, if necessary, an affected area, pursuant to the mine plan approved by the Department. “Closure” includes, but is not limited to, actions taken to contain metallic mineral wastes on site and to ensure the integrity of waste management structures and the permanent securement of pits, shafts, and underground workings.

X. Coastal Wetlands. “Coastal wetlands” means all tidal and subtidal lands; all areas with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat, or other contiguous lowland that is subject to tidal action during the highest tide level for the year in which an activity is proposed, as identified in tide tables published by the National Ocean Service

all tidal and subtidal lands; all areas with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat, or other contiguous lowland that is subject to tidal action during the highest tide level for the year in which an activity is proposed, as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.

Y. Commencement of construction. “Commencement of construction” means that a Permittee or other person has physically altered a mining area or proposed mining area including, but not limited to, the clearing of trees and other vegetation, site preparation work, bulk sampling, and the construction of roads and other infrastructure upgrades.

Z. Commissioner. “Commissioner” means the Commissioner of the Maine Department of Environmental Protection.

AA. Containment Structure. “Containment structure” is an engineered structure or system designed to prevent the release of materials or substances from a designated area. Containment structures may be utilized to prevent releases from a variety of stored materials including, but not limited to overburden, ore, tailings and hazardous substances. Hazardous substances must be stored in accordance with the federal Resource Conservation Recovery Act (RCRA) and state laws and regulations.

BB. Contamination

(1) As applied to groundwater, “contamination” means nonattainment of water quality standards, the cause of which is attributable to a mining operation, as:

(a) Specified in rules relating to primary drinking water standards adopted pursuant to 22 M.R.S. §2611; or

be stored in accordance with the federal Resource Conservation Recovery Act (RCRA) and state laws and regulations.

BB. Contamination

(1) As applied to groundwater, “contamination” means nonattainment of water quality standards, the cause of which is attributable to a mining operation, as:

(a) Specified in rules relating to primary drinking water standards adopted pursuant to 22 M.R.S. §2611; or

(b) Demonstrated by a statistically significant change in measured parameters that indicates deterioration of water quality determined through assessment monitoring.

(2) As applied to surface water, “contamination” means a condition created by any direct or indirect discharge that causes or contributes to nonattainment of applicable water quality or licensing standards under 38 M.R.S. §§ 414-A or 420. The nonattainment may be attributable to the mining operation either by itself or in combination with other discharges.

CC. Contemporaneous Reclamation. “Contemporaneous reclamation” means mining in a manner that creates areas that can be reclaimed continuously and as soon as practicable after the commencement of construction and throughout the life of the operation as described in the mine plan.

DD. Contingency Plan. “Contingency plan” means the contingency plan required by subsection 9(K) of this Chapter for all permit applications and mining operations.

EE. Corrective Action. “Corrective action” means action taken by the Permittee to correct a violation or to meet a performance requirement in a mining permit or advanced exploration mining permit, or other applicable rule or law.

FF. Cumulative Impact. “Cumulative impact” means the environmental impacts that result from the proposed mining activities when added to other past, present, and reasonably foreseeable future activities.

GG. Department. “Department” means the Maine Department of Environmental Protection.

HH. Designated Chemical Materials

it or advanced exploration mining permit, or other applicable rule or law.

GG. Department. “Department” means the Maine Department of Environmental Protection.

HH. Designated Chemical Materials. “Designated chemical materials” means toxic or acidic chemicals used within the mining area in extractive metallurgical processing, the use of which, at certain concentrations, represents a potential threat to human health, property, or the environment.

II. Drilling. “Drilling” means the making of holes with a drill for exploration, development of a metallic mineral deposit, evaluating water quality, or collecting hydrogeological and geotechnical data.

JJ. Drill Hole. “Drill hole” means the cavity created by drilling.

KK. Dry Stack Tailings Management. “Dry stack tailings management” means the process of disposing of dewatered, compacted mine tailings into a freestanding, stable structure on an area with an impervious liner designed to shed water to a water collection and treatment system.

LL. Endangered or Threatened Species. “Endangered or threatened species” means any species of fish or wildlife designated as endangered or threatened under 12 M.R.S. §12803 or the federal Endangered Species Act.

MM. Environmental Protection, Reclamation and Closure Plan. “Environmental protection, reclamation and closure plan” means the portion of the mine plan that relates to the environmental protection, reclamation and closure activities required by subsection 9(I) of this Chapter for all permit applications and mining operations.

NN. Event of Force Majeure. “Event of Force Majeure” means an event beyond the control of the Department and the Permittee, including but not limited to:

(1) An act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

reclamation and closure activities required by subsection 9(I) of this Chapter for all permit applications and mining operations.

NN. Event of Force Majeure. “Event of Force Majeure” means an event beyond the control of the Department and the Permittee, including but not limited to:

(1) An act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

(2) War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;

(3) Rebellion, revolution, insurrection, or military or usurped power, or civil war;

(4) Riot, commotion, strikes, go slows, lock outs, or disorder; or

(5) Acts or threats of terrorism.

NN-1. Exclusion Area. “Exclusion area” means an area in which physical extraction, crushing, grinding, physical sorting, and storage of metallic minerals is excluded from the requirements of this chapter based on an affirmative determination by the Department under Subchapter 9.

OO. Exploration. “Exploration” or “exploration activity” means activities conducted in accordance with this Chapter for the purpose of determining the location, extent, and composition of metallic mineral deposits, test boring, test drilling, hand sampling, the digging of test pits, trenching or outcrop stripping for the removal of overburden having a maximum surface opening of 300 square feet per test pit or trench, or other test sampling methods determined by the Department to cause minimal disturbance of soil and vegetative cover.

PP. Exploration Site. “Exploration site” means the area within which exploration or activities incidental thereto occur, or may reasonably be expected to occur.

QQ. Financial Assurance. “Financial assurance” means an assurance instrument or statement of financial responsibility provided by an Applicant or Permittee to ensure compliance with the Act, this Chapter, mining permit conditions, instructions, or orders of the Department.

RR. Financial Interest. “Financial interest” means:

ities incidental thereto occur, or may reasonably be expected to occur.

RR. Financial Interest. “Financial interest” means:

(1) If the Applicant is a business entity:

(a) any officers, directors and partners;

(b) all other persons or business concerns having managerial or executive authority over the Applicant or Permittee and holding more than 5 percent of the equity in or debt of that business unless the debt is held by a chartered lending institution;

(c) all other persons or business concerns other than a chartered lending institution holding 25 percent or greater of the equity in or debt of that business unless the debt is held by a chartered lending institution; and

(d) the managerial person with operational responsibility for the facility; or

(2) If the Applicant is a public entity, all persons having managerial or executive authority over the mining operation.

SS. Floodplain. “Floodplain” or “floodplain wetland” means lands adjacent to a river, stream, or brook that are inundated with floodwater during a 100-year flood event and that under normal circumstances support a prevalence of wetland vegetation typically adapted for life in saturated soils.

TT. Groundwater. “Groundwater” means all the waters found beneath the surface of the earth which are contained within or under this State or any portion thereof, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State.

UU. Groundwater Basin. “Groundwater basin” is the underground volume of an aquifer or aquifer system that is separated and defined by geologic or hydrologic boundaries.

VV. Group A Waste

within or under this State or any portion thereof, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State.

UU. Groundwater Basin. “Groundwater basin” is the underground volume of an aquifer or aquifer system that is separated and defined by geologic or hydrologic boundaries.

VV. Group A Waste. “Group A waste” means a mine waste having an acid-generation potential or exhibiting a characteristic of hazardous waste as defined in 06-096 C.M.R. ch. 850.

WW. Group B Waste. “Group B waste” means a mine waste having no acid-generation potential that may release soluble pollutants at concentrations which exceed performance requirements for groundwater or surface water.

XX. Group C Waste. “Group C waste” means a mine waste that does not have the potential to violate water quality standards other than sedimentation or turbidity.

YY. Heap or Percolation Leaching. “Heap or percolation leaching” means a process used for the primary purpose of recovering metallic minerals in an outdoor environment from a stockpile of crushed or excavated ore by percolating water or a solution through the ore and collecting the leachate.

ZZ. Historic Site. “Historic site” means any site listed in the National Register of Historic Places or judged eligible for national register listing by the Maine Historic Preservation Commission.

AAA. Intervenor. “Intervenor” or “general intervenor” means a person who, in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §§ 9054(1) and (2), and Department rules governing hearings, has been granted leave to participate as a party in a license application or appeal proceeding where a decision has been made to hold a hearing.

BBB. Lean Ore. “Lean ore” means rock containing metallic mineralization that is not profitable to process using technologies that exist at the mining operation.

CCC. Life of Mine

ct, 5 M.R.S. §§ 9054(1) and (2), and Department rules governing hearings, has been granted leave to participate as a party in a license application or appeal proceeding where a decision has been made to hold a hearing.

BBB. Lean Ore. “Lean ore” means rock containing metallic mineralization that is not profitable to process using technologies that exist at the mining operation.

CCC. Life of Mine. “Life of mine” means the period from issuance of a mining permit through post-closure of the mine.

DDD. Metallic Mineral. “Metallic mineral” means any mineral, ore or excavated material that has metal or a metalloid element as its economically valuable constituent, regardless of the chemical end product of the metal or metalloid element.

EEE. Metallic Mineral Operator. “Metallic mineral operator” means a Permittee or other person who is engaged in, or who is preparing to engage in, mining operations for metallic minerals, whether individually or jointly or through agents, employees, or contractors.

FFF. Metal Leaching. “Metal leaching” means the dissolution and removal of metals and metalloids as a result of chemical processes commonly associated with minerals containing sulfides.

GGG. Metallic Product. “Metallic product” means a commercially salable mineral or metal produced primarily for its metallic mineral content in its final marketable form or state.

HHH. Mine Plan. “Mine plan” means all aspects of the plan to develop a mine including, but not limited to, siting, design, development, operation, reclamation, closure, post-closure, and corrective action activities throughout the life of a mine.

III. Mine Shaft. “Mine shaft” means a vertical, inclined or horizontal excavation, including all underground workings, with a surface opening not exceeding 1,000 square feet.

JJJ. Mine Waste

pects of the plan to develop a mine including, but not limited to, siting, design, development, operation, reclamation, closure, post-closure, and corrective action activities throughout the life of a mine.

III. Mine Shaft. “Mine shaft” means a vertical, inclined or horizontal excavation, including all underground workings, with a surface opening not exceeding 1,000 square feet.

JJJ. Mine Waste. “Mine waste” means all material, including, but not limited to, overburden, rock, lean ore, leached ore, or tailings, that in the process of mining and beneficiation has been exposed or removed from the earth during advanced exploration and mining activities.

KKK. Mine Waste Unit. “Mine waste unit” means any land area, structure, location, equipment, or combination thereof on or in which mine wastes are managed. A structure or area of land does not become a mine waste unit solely because it is used to store nonreactive mine wastes generated on the site, such as soil or overburden, for 90 days or less.

LLL. Mine Workings. “Mine workings” means the system of pits, shafts and underground workings in a mine.

MMM. Mining. “Mining,” “mining operation,” or “mining activity” means activities, facilities or processes necessary for the extraction or removal of metallic minerals or overburden or for the preparation, washing, cleaning or other treatment of metallic minerals and includes the bulk sampling, advanced exploration, extraction or beneficiation of metallic minerals as well as waste storage and other stockpiles and reclamation activities, but does not include exploration or any of the following activities:

The physical extraction, crushing, grinding, physical sorting, storage or heating of calcium carbonate or limestone to produce cement when such activity is subject to Title 38, Chapter 3, Article 6, Title 38, Chapter 3, Article 8-A or Title 12, Chapter 206-A or when such activity covers one acre or less of surface area in total;

The exploration for or physical extraction, crushing, grinding, physical sorting or

traction, crushing, grinding, physical sorting, storage or heating of calcium carbonate or limestone to produce cement when such activity is subject to Title 38, Chapter 3, Article 6, Title 38, Chapter 3, Article 8-A or Title 12, Chapter 206-A or when such activity covers one acre or less of surface area in total;

The exploration for or physical extraction, crushing, grinding, physical sorting or storage of borrow, topsoil, clay or silt when such activity is subject to Title 38, Chapter 3, Article 7 or Title 12, Chapter 206-A or when such activity covers 5 acres or less of surface area in total;

The exploration for or physical extraction, crushing, grinding, physical sorting or storage of gemstones, aggregate, dimension stone or other construction materials from a quarry that is subject to Title 38, Chapter 3, Article 8-A or Title 12, Chapter 206-A or when such activity covers one acre or less of surface area in total; and

The exploration for or physical extraction, crushing, grinding, physical sorting or storage of any other metallic minerals when such activity has been excluded from the requirements of this article pursuant to a determination made by the Department under Subchapter 9.

NNN. Mining Area. “Mining area,” or “metallic mineral mining area” means an area of land described in a permit application and approved by the Department, including, but not limited to, land from which earth material is removed in connection with mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment facilities, including groundwater and surface water management treatment systems, are located, or the lands on which water reservoirs used in a mining operation are located. Each mining activity or operation shall establish a separate mining area. The Applicant shall propose, and the Department shall approve the location and extent of each mining area.

OOO. Mining Permit. “Mining permit” means a permit issued pursuant to 38 M.R.S. §490-LL et seq

management treatment systems, are located, or the lands on which water reservoirs used in a mining operation are located. Each mining activity or operation shall establish a separate mining area. The Applicant shall propose, and the Department shall approve the location and extent of each mining area.

OOO. Mining Permit. “Mining permit” means a permit issued pursuant to 38 M.R.S. §490-LL et seq. and this Chapter for conducting advanced exploration or mining operations.

PPP. Monitoring. “Monitoring” means activities including, but not limited to, observation, sampling, collection, analysis, recording, and reporting necessary for siting, development, operation, corrective action, suspension of operation, closure, or post-closure activities or to demonstrate compliance with a mining permit including any special permit conditions and approved plans. The Department shall approve the quality assurance plans for all monitoring activities.

QQQ. Municipal or County Commissioner Intervenor. “Municipal or County Commissioner Intervenor” means an intervenor status granted to the municipal officers, or their designees, from each municipality in which the mining area or affected area may be located, or in the unorganized territory, the county commissioners, or their designees, for each county in which the mining area or affected area may be located pursuant to 38 M.R.S. §490(OO)(6)(D).

RRR. Open-Pit Mining. “Open-pit mining” means, for any single mining operation permitted under 38 M.R.S. §490-LL et seq. and this Chapter, the process of mining a metallic mineral deposit by use of surface pits or excavations having greater than 3 acres of surface area in aggregate or by means of a surface pit excavated using one or more horizontal benches.

SSS. Ore. “Ore” means rock containing sufficient metallic mineralization to process using technologies that exist at the mining operation.

TTT. Overburden. “Overburden” means soil, rock or other materials which lie above or between the natural mineral deposits to be mined

ater than 3 acres of surface area in aggregate or by means of a surface pit excavated using one or more horizontal benches.

SSS. Ore. “Ore” means rock containing sufficient metallic mineralization to process using technologies that exist at the mining operation.

TTT. Overburden. “Overburden” means soil, rock or other materials which lie above or between the natural mineral deposits to be mined.

UUU. Passive Treatment System. “Passive treatment system” means the process of removing metals or acidity or both, through the use of chemical, biological, and physical removal processes that occur naturally in the environment such as topographical gradient, microbial metabolic energy, photosynthesis and chemical energy that do not require power or chemicals after construction and operates successfully over its design life with regular but infrequent maintenance.

VVV. Performance-Based Standards. “Performance-based standards” means a regulatory approach that establishes defined results and measurable outcomes without specific direction regarding how those results are to be obtained.

WWW. Permittee. “Permittee” means a person to whom a mining permit is issued.

XXX. Perpetual Treatment. “Perpetual treatment” means active treatment for more than 10 years post-closure.

YYY. Person. “Person” means an individual, firm, partnership, association, company, limited liability company, corporation, joint venture, municipality, state agency, federal agency, or other legal entity.

ZZZ. Post-closure Maintenance. “Post-closure maintenance” means an activity that may be required to sustain reclamation after cessation of a mining operation, as well as all activities undertaken at a closed mine waste unit, to maintain the integrity of containment features and to monitor compliance with applicable performance standards and permit conditions.

AAAA. Post-closure Monitoring Period

ZZ. Post-closure Maintenance. “Post-closure maintenance” means an activity that may be required to sustain reclamation after cessation of a mining operation, as well as all activities undertaken at a closed mine waste unit, to maintain the integrity of containment features and to monitor compliance with applicable performance standards and permit conditions.

AAAA. Post-closure Monitoring Period. “Post-closure monitoring period” means a period following closure during which a Permittee is required to conduct monitoring of groundwater and surface water and other monitoring as specified in a mining permit.

BBBB. Practicable. "Practicable" means available and capable of being implemented after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

CCCC. Probable Maximum Flood. “Probable maximum flood” means the largest flood that may reasonably be expected to occur at a given point on a stream from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible on a particular watershed. This term identifies estimates of hypothetical flood characteristics (peak discharge, volume, and hydrograph shape) that are considered to be the most severe that are reasonably possible at a particular location, based on comprehensive hydrometeorological analyses of critical runoff-producing precipitation (and snowmelt, if pertinent) and hydrologic factors favorable for maximum flood runoff.

DDDD. Protected Location. The locations described in 06-096 C.M.R. ch. 375, §10(G)(16) constitute protected locations.

EEEE. Qualified Professional

most severe that are reasonably possible at a particular location, based on comprehensive hydrometeorological analyses of critical runoff-producing precipitation (and snowmelt, if pertinent) and hydrologic factors favorable for maximum flood runoff.

DDDD. Protected Location. The locations described in 06-096 C.M.R. ch. 375, §10(G)(16) constitute protected locations.

EEEE. Qualified Professional. “Qualified professional” or “qualified person” means a scientist, engineer, or professional in a technical discipline with sufficient training and experience to enable the individual to make sound professional judgments regarding conducting technical analyses or regarding the design, construction, and operation of regulated units and ancillary structures who, if accreditation is the norm in the profession, is accredited in the State of Maine, or subject to review and approval by the Department, is accredited in another jurisdiction.

FFFF. Reactive Mine Waste. “Reactive mine waste” means any natural geologic formation or mined material that, when exposed to air and water, may develop acid rock drainage, or any other natural geologic or mined material that is shown through characterization studies to release substances that may adversely impact natural resources and the environment.

GGGG. Reclamation. “Reclamation” or “reclamation operation” means the rehabilitation of a mining area, affected area, and any other area of land or water body affected by mining under a mine plan approved by the Department. “Reclamation” includes, but is not limited to, stabilization of slopes, creation of safety benches, planting of forests, seeding of grasses and legumes for grazing purposes, planting of crops for harvest, and enhancement of wildlife and aquatic resources.

HHHH. Related Person. “Related person” means any person with a financial interest in a proposed mining operation.

IIII. Remediation

artment. “Reclamation” includes, but is not limited to, stabilization of slopes, creation of safety benches, planting of forests, seeding of grasses and legumes for grazing purposes, planting of crops for harvest, and enhancement of wildlife and aquatic resources.

HHHH. Related Person. “Related person” means any person with a financial interest in a proposed mining operation.

IIII. Remediation. “Remediation” means the cleanup, removal or containment of contaminants or contamination within a mining area or an affected area. Remediation may include, but is not limited to, removing contaminants or contamination, containing or treating waste on site, and identifying and removing sources of groundwater contamination and halting further migration of contaminants.

JJJJ. Responsible Officer. “Responsible officer” means:

(1) A person holding a principal executive position in a corporation as established by the charter or by-laws of the corporation;

(2) A general partner or the proprietor, as appropriate, of a partnership or sole proprietorship; or

(3) A principal executive officer or ranking elected official of a municipal, state, federal, or other public agency.

KKKK. Storage Pile. “Storage pile” means a manmade landform used for the temporary storage of material generated during mining, such as overburden, waste rock, lean ore, ore, or topsoil, provided that these materials have an identified final destination in the facility’s mine plan or are part of the materials to be processed through beneficiation.

LLLL. Statistically Significant Change. “Statistically significant change” is a change that is likely the result of causes other than random variation as determined by statistical testing methodologies.

MMMM. Surface Water Resources. “Surface water resources” are coastal and freshwater wetlands, great ponds, rivers, streams, and brooks as defined in 38 M.R.S. §480-B.

NNNN. Tailings

ficiation.

MMMM. Surface Water Resources. “Surface water resources” are coastal and freshwater wetlands, great ponds, rivers, streams, and brooks as defined in 38 M.R.S. §480-B.

NNNN. Tailings. “Tailings” means the product resulting from the milling and mineral concentration process remaining after extraction of minerals by physical or chemical means.

OOOO. Tailings Impoundment. “Tailings impoundment” means a surface area, contained by dike or dams, on which is deposited the slurry of material that is separated from a metallic product in the beneficiation or treatment of minerals, including any surrounding dikes constructed to contain such material. “Tailings impoundment” does not include a lined surface area on which dewatered tailings are stacked.

PPPP. Topsoil. “Topsoil” means the material at the earth’s surface which has been so modified and acted upon by physical, chemical, and biological agents that it will support rooted plants.

QQQQ. Underground Mine Openings. “Underground mine openings” or “mine openings” means all openings and voids in the earth created in the process of mining, during development, or operation of the site.

earth created in the process of mining, during development, or operation of the site.

RRRR. Unusual Natural Area. "Unusual natural area" means any land or water area, usually only a few acres in size, which is undeveloped and which contains natural features of unusual geological, botanical, zoological, ecological, hydrological, other scientific, educational, scenic, or recreational significance. By way of illustration, and not limitation, these may include: rare or exemplary plant communities; individual plant species of unusual interest because of size, species or other reasons; unusual or exemplary bogs; unusually important wildlife habitats, particularly those of rare or endangered species; unusual land forms; fossils and other deposits of importance to geologists; outstanding scenic areas; and others of similar character.

SSSS. Upper and Lower Predictive Limits. “Upper and lower predictive limits” are the statistically determined bounds of the prediction interval which is an estimate of an interval where future observations will fall.

TTTT. Visual Resources. “Visual resources” means the composite of basic terrain, geologic features, hydrologic features, vegetative patterns, and land use effects that make up the scenic character of the site and the area surrounding the site, especially as viewed from a protected natural resource.

UUUU. Waste Rock. “Waste rock” means rock material removed to access the ore body that may or may not contain metallic mineralization, but that is not processed to extract metallic minerals.

VVVV. Watershed. “Watershed” means the land that drains, via overland flow, drainageways, waterbodies, or wetlands to a given waterbody or wetland.

WWWW. Waters of the State

m a protected natural resource.

UUUU. Waste Rock. “Waste rock” means rock material removed to access the ore body that may or may not contain metallic mineralization, but that is not processed to extract metallic minerals.

VVVV. Watershed. “Watershed” means the land that drains, via overland flow, drainageways, waterbodies, or wetlands to a given waterbody or wetland.

WWWW. Waters of the State. “Waters of the State” means any and all surface and subsurface waters that are contained within, flow through, or under, or border upon this State, or any portion of the State, including the marginal and high seas, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State, but not excluding waters susceptible to use in interstate or foreign commerce, or whose use, degradation or destruction would affect interstate or foreign commerce.

XXXX. Wellhead Protection Area. “Wellhead protection area” means a specific geographic area which is approved by the Department, and if applicable, the Department of Health and Human Services, as the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move toward and reach the water well or well field.

YYYY. Wet Mine Waste Unit. “Wet mine waste unit” means a mine waste unit in which mine wastes are placed under water to minimize sulfide oxidation, acid formation or particulate pollution.

3. General Prohibitions. This section applies to all exploration, advanced exploration and mining activities.

A. It shall be unlawful for any person to engage in any exploration, advanced exploration or mining activity, or initiate the construction of such, except as authorized pursuant to this Chapter.

NOTE: Qualified exploration activities conducted pursuant to the standards established in section 7 of this Chapter do not require a mining permit.

ploration, advanced exploration and mining activities.

A. It shall be unlawful for any person to engage in any exploration, advanced exploration or mining activity, or initiate the construction of such, except as authorized pursuant to this Chapter.

NOTE: Qualified exploration activities conducted pursuant to the standards established in section 7 of this Chapter do not require a mining permit.

B. The Department may not approve a mining permit in an unorganized or deorganized area of the State unless the Maine Land Use Planning Commission certifies to the Department that:

(1) The proposed mine is an allowed use within the subdistrict or subdistricts in which the project is located; and

(2) The proposed mine meets any land use standard established by the Maine Land Use Planning Commission applicable to the project that is not considered in the Department’s review.

C. The Department may not authorize a discharge of pollutants as defined at 38 M.R.S. §361-A(4-A) to waters of the State under this Chapter.

NOTE: Discharges of pollutants to waters to the state require a waste discharge license pursuant to 38 M.R.S. §413, including permits for construction and industrial discharge issued by the Department pursuant to 40 CFR §122.26.

D. No chemical or oil, products or waste, shall be discharged, mixed, or released onto, into, or under the ground or waters of the State. This prohibition includes, but is not limited to, discharges into or from onsite wastewater treatment plants, mine pits or tunnels, or beneficiation units. All chemicals and oils shall be managed so as to prevent their release and mishandling, including compliance with all applicable management rules and laws including 06-096 C.M.R. ch. 800, 801, 850 through 858, and 860

or waters of the State. This prohibition includes, but is not limited to, discharges into or from onsite wastewater treatment plants, mine pits or tunnels, or beneficiation units. All chemicals and oils shall be managed so as to prevent their release and mishandling, including compliance with all applicable management rules and laws including 06-096 C.M.R. ch. 800, 801, 850 through 858, and 860. Chemicals or oils utilized for their intended purpose as a part of the wastewater treatment process, beneficiation process, or other mining activities may be utilized only when identified in the mining permit application or exploration work plan, documented as chemicals or oils that are the least toxic materials available for their intended purpose, being used in appropriate quantities, used solely for their intended purpose and not as a means of disposal, and as approved by the Department. The use of underground injection for disposal is prohibited.

E. Waste rock shall not be used for roads or any other construction purpose, except for Group C waste.

4. Relation to Other Rules. This section applies to all exploration, advanced exploration and mining activities. Compliance with the provisions of this Chapter, the mining permit, and the Act does not:

A. Relieve a Permittee of the obligation to comply with all other applicable state, federal, or local statutes, regulations, or ordinances, including but not limited to the regulations for air emissions, water discharges, hazardous waste management for wastes not exempted from the federal hazardous waste management requirements under 40 CFR §261.4(b)(3) or (b)(7) (July 1, 2015), and underground storage tanks; permits required under 38 M.R.S. Chapter 3, Subchapter 1, Article 5-A (Natural Resources Protection Act), waste discharge licenses required under 38 M.R.S

o the regulations for air emissions, water discharges, hazardous waste management for wastes not exempted from the federal hazardous waste management requirements under 40 CFR §261.4(b)(3) or (b)(7) (July 1, 2015), and underground storage tanks; permits required under 38 M.R.S. Chapter 3, Subchapter 1, Article 5-A (Natural Resources Protection Act), waste discharge licenses required under 38 M.R.S. §413 for discharges of pollutants to groundwater via an underground injection well or discharges of pollutants to surface waters of the State, including permits for construction and industrial discharge issued by the Department pursuant to 40 CFR §122.26; licenses required under 38 M.R.S. Chapter 4 (Protection and Improvement of Air); hazardous waste management licenses and other permits or licenses issued pursuant to any United States Environmental Protection Agency federally delegated or authorized program.

NOTE: Pursuant to 38 M.R.S. §490-NN(1)(A), the provisions of Chapter 3, Subchapter 1, Article 6 (Site Location of Development), Article 7 (Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt), and Article 8-A (Performance Standards for Quarries); Chapter 13 (Waste Management); and 38 M.R.S. §420-D (Storm Water Management) do not apply to applications reviewed under the Act and this Chapter, except when permits or licenses are issued pursuant to any United States Environmental Protection Agency federally delegated or authorized program, as also set forth at 38 M.R.S. §490-NN(1)(A). In the case of waste management, the Department has interpreted the Act to exclude only those mine wastes that have been excluded by Subchapter 3 of the Resource Conservation and Recovery Act, 42 CFR §6901 et seq. and 40 CFR §261.4(b)(3) and (b)(7) (July 1, 2015).

B. Prevent a municipality from regulating or controlling mining or reclamation activities; and

set forth at 38 M.R.S. §490-NN(1)(A). In the case of waste management, the Department has interpreted the Act to exclude only those mine wastes that have been excluded by Subchapter 3 of the Resource Conservation and Recovery Act, 42 CFR §6901 et seq. and 40 CFR §261.4(b)(3) and (b)(7) (July 1, 2015).

B. Prevent a municipality from regulating or controlling mining or reclamation activities; and

C. Prevent a municipality from regulating the routes, hours, and weights of transportation of ore, rock, tailings, and other mining-related materials on public streets and roads in order to protect the public health, safety, and welfare.

Subchapter 2: ENVIRONMENTAL REQUIREMENTS FOR EXPLORATION AND ADVANCED EXPLORATION

5. Purpose of Exploration and Advanced Exploration Requirements. The purpose of this subchapter is to establish environmental procedures and standards for exploration and advanced exploration activities.

6. Applicability of Exploration and Advanced Exploration Requirements. This subchapter applies to any person proposing to conduct or engaging in exploration activities in the organized areas of the State and advanced exploration activities statewide.

7. Exploration Activities. A mining permit is not required for exploration under this Chapter, however, the submittal of an exploration work plan is required under section 7(C)(1) prior to initiating any activities at an exploration site within the organized areas of the State. The exploration work plan must contain the submission requirements listed in subsection 7(C) of this Chapter.

______________________________________________________________________________

rements listed in subsection 7(C) of this Chapter.

______________________________________________________________________________

NOTE: Geophysical surveys are considered exploration for the purposes of this Chapter and the submissions and standards under section 7 of this Chapter if they involve some disturbance of soil or vegetation, such as cutting or clearing of vegetation along a survey grid. Non-intrusive methods, such as aeromagnetic surveys or other remote-sensing methods that do not involve any disturbance of soil or vegetation are not considered exploration for the purposes of this Chapter. The submission of an exploration work plan is not required for hand sampling activities (soil sampling with auger or shovel, stream sediment sampling, and rock chip sampling); however, these activities may require approval under other laws and regulations administered by the Department (e.g., the Natural Resource Protection Act, 38 M.R.S. §480-C).

_____________________________________________________________________________________

NOTE: Persons seeking to conduct exploration activities in the unorganized or deorganized areas of the State should contact the Maine Land Use Planning Commission.

A. Other Applicable Permit Requirements. Depending upon the location, type and extent of activity, a permit may be required under other statutes or rules of the Department and the Maine Geological Survey. Persons seeking to conduct exploration activities should check with the appropriate agencies to determine applicable requirements. Requirements for exploration activities may include, but are not limited to, the following:

Bureau of Resource Information and Land Use Planning. See Mining on State Lands, 12 M.R.S. §549, et seq.; and

(2) Natural Resources Protection Act Permit. See Natural Resources Protection Act, 38 M.R.S. §480-A, et seq.

B. Standards. The following minimum standards must be met for exploration activities in the organized areas of the State:

ivities may include, but are not limited to, the following:

Bureau of Resource Information and Land Use Planning. See Mining on State Lands, 12 M.R.S. §549, et seq.; and

(2) Natural Resources Protection Act Permit. See Natural Resources Protection Act, 38 M.R.S. §480-A, et seq.

B. Standards. The following minimum standards must be met for exploration activities in the organized areas of the State:

(1) Existing access ways shall be maintained to ensure that runoff is delivered immediately to stable ditches and vegetated buffer areas. Clearing of the vegetative cover shall be limited to the minimum necessary to allow for the movement of equipment.

(2) Access way approaches to stream channels shall be located and designed so as to divert water runoff from the way in order to prevent such runoff from directly entering the stream. With the exception of crossings, an undisturbed buffer strip of at least 75 feet must be maintained between access ways and streams.

(3) Erosion control measures must be implemented to prevent unreasonable erosion of soil or sediment beyond the exploration site or into a protected natural resource as defined in 38 M.R.S. §480-B; these measures must be in place before exploration activity, or related activities including, but not limited to, clearing and road construction, begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation.

(4) For stream crossings and activities involving the disturbance of soil adjacent to a wetland or water body in organized areas, a permit under the Natural Resources Protection Act may be required. See 38 M.R.S. §480-C and the Department’s Permit by Rule Standards, 06-096 C.M.R. ch. 305, §10.

easures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation.

(5) Topsoil which is stripped or removed must be stockpiled for use in reclaiming disturbed land areas. Soil stockpiles shall be seeded, mulched, and anchored or otherwise stabilized.

(6) The exploration site shall be restored to a physical state that is similar to, and compatible with, that which existed prior to any exploration. Within 30 working days following completion of exploration at an exploration site, any person conducting exploration activities shall accomplish the following:

(a) Disposal of all debris in accordance with applicable state laws and regulations;

(b) Grading of the surface of the site so that the final graded slope conforms with the original contour of the land; and

(7) Within 30 working days after completion of exploration, all excavations including trenches, test pits, and mud pits shall be capped, refilled or secured. All settling ponds or sumps must be backfilled, covered with topsoil, and seeded.

(8) Drill pump stations must be located at least 25 feet from a river, stream, brook, great pond, or an area of open water of one-half acre or more within a freshwater wetland.

king days after completion of exploration, all excavations including trenches, test pits, and mud pits shall be capped, refilled or secured. All settling ponds or sumps must be backfilled, covered with topsoil, and seeded.

(8) Drill pump stations must be located at least 25 feet from a river, stream, brook, great pond, or an area of open water of one-half acre or more within a freshwater wetland.

(9) All drill additives should be non-toxic as indicated by the manufacturer’s product publications, such as Safety Data Sheets, and biodegradable to the extent reasonably possible. Drill fluids, additives and cuttings may not be released and must be confined to the drill site by the use of storage tanks or sumps unless an alternative disposal method is approved by the Department. All excavation sites and resulting waste must be managed to ensure no untreated water is released to the environment and released volumes will not adversely impact existing stream flows. The discharge of pollutants to surface and groundwater during exploratory mining is prohibited without prior approval pursuant to 38 M.R.S. §413.

(10) No bulk sampling may take place under an exploration work plan.

(11) Sealing of all drill holes, whether temporary or permanent, shall be completed within 30 days of cessation of drilling or testing activities such as “down-the-hole” geophysical surveys or other similar activities. All artesian wells shall be capped or sealed within 48 hours after cessation of drilling or the onset of artesian conditions. No drill hole may be temporarily sealed for more than 3 years unless the drill hole is being used during the time it is temporarily sealed for sampling or other studies related to a mineral deposit or general hydrological conditions of the area. A drill hole that has remained temporarily sealed for more than 3 years and is not being used for sampling or other studies shall be sealed permanently

s. No drill hole may be temporarily sealed for more than 3 years unless the drill hole is being used during the time it is temporarily sealed for sampling or other studies related to a mineral deposit or general hydrological conditions of the area. A drill hole that has remained temporarily sealed for more than 3 years and is not being used for sampling or other studies shall be sealed permanently.

NOTE: For guidance on sealing drill holes, see “Guidance for Well and Boring Abandonment,” produced by the Department’s Bureau of Remediation and Waste Management, Division of Technical Services, dated January 7, 2009.

(a) Within 30 working days after permanent sealing of a drill hole, any person conducting exploration activities shall submit to the Department a report including, but not limited to, the following information for each drill hole:

(i) Location and identification of the drill hole;

(ii) Dimensions of the drill hole;

(iii) Identification of depth, static elevation, and estimated flow of any groundwater encountered, if known; and

(iv) Methods of sealing the drill hole, demonstrating compliance with subsection 7(B)(11).

(12) All facilities and equipment shall be promptly removed from the exploration site when they are no longer needed for exploration, except for those facilities and equipment which the Department has determined may remain on-site in order to:

(a) Provide additional environmental quality data;

(b) Detect, reduce or control the onsite or offsite effects of the exploration activities; or

7(B)(11).

(a) Provide additional environmental quality data;

(b) Detect, reduce or control the onsite or offsite effects of the exploration activities; or

the exploration, under a work plan described in subsection 7(C) below.

(13) The Department may enter any exploration site, take samples, and conduct tests in order to determine compliance with any provision of this Chapter or other applicable requirements. The Department may require the submission of annual self-inspection reports, signed by a qualified professional, on exploration activities conducted by the Permittee.

(14) Any person conducting exploration activities shall notify the Department and/or the Land Use Planning Commission orally within 24 hours and in writing within 5 working days of any activity or occurrence during the course of exploration or reclamation which results in a discharge or has the potential to damage public health or the environment.

NOTE: Other reporting requirements may exist under federal laws and the laws administered by the Department of Environmental Protection and the Land Use Planning Commission. For oil spills, call 1-800-482-0777 which is available 24 hours a day. For spills of toxic or hazardous material, call 1-800-452-4664 which is available 24 hours a day. For more information, visit the Department’s website at: http://www.maine.gov/dep/spills/emergspillresp/

(15) Beneficiation is prohibited under an exploration work plan.

C. Submission Requirements.

he Land Use Planning Commission. For oil spills, call 1-800-482-0777 which is available 24 hours a day. For spills of toxic or hazardous material, call 1-800-452-4664 which is available 24 hours a day. For more information, visit the Department’s website at: http://www.maine.gov/dep/spills/emergspillresp/

(15) Beneficiation is prohibited under an exploration work plan.

C. Submission Requirements.

(1) At least 30 days prior to the commencement of any exploration activities, an exploration work plan shall be submitted to the Department on forms provided by the Department, prepared and signed by a qualified professional, which provides the following information, at a minimum:

(a) Documentation of the property boundaries, landowner information, and description of the area to be explored;

(b) Evidence of the applicant’s title, right, or interest in the pertinent property for access to the area to be explored and to conduct exploration activities and restoration;

(d) Identification of any existing roads or clearings;

(e) A site plan with wetlands or other protected natural resources as defined under the Natural Resources Protection Act and other sensitive environmental features identified;

(f) A sediment and erosion control plan, including a stormwater management plan consistent with the Department’s standards for stormwater management for access roads, excavation and stockpile areas, and other areas affected by the activity;

(g) A description of proposed drilling and excavation activities and methods, including petroleum products and chemical handling procedures and spill management, estimated quantities of material that must be removed to obtain samples, and best management practices to be employed in conducting the exploration activities;

ads, excavation and stockpile areas, and other areas affected by the activity;

(h) A plan for backfill and restoration of exploration sites which will address subsidence, drill holes, structural safety, water management, restoration of disturbed areas including access roads, and the abatement of any physical hazards; and

(i) A plan showing the exploration drilling area, maximum number of drill holes, and the maximum total linear drilling footage.

(2) Within 60 days of the completion of the exploration activities the Applicant shall submit a report, prepared and signed by a qualified professional documenting that all of the requirements of the restoration plan were completed.

D. If specified by the Department, additional measures to protect the environment shall be adopted by the person engaged in exploration activities.

8. Advanced Exploration. A person may not engage in advanced exploration without an advanced exploration permit issued by the Department. Advanced exploration activity permits are divided into two categories: Tier One and Tier Two. Under a Tier One approval, bulk sampling may not exceed two thousand tons of mine waste. Under a Tier Two approval, bulk sampling may not exceed ten thousand tons of mine waste. Under an advanced exploration permit, on-site processing of bulk samples is limited to mechanical size alteration and sorting. Any additional on-site testing and characterization must occur within enclosed, portable facilities. Any waste generated from this additional on-site testing and characterization must be transported off-site for disposal.

A. General Standards and Requirements

f mine waste. Under an advanced exploration permit, on-site processing of bulk samples is limited to mechanical size alteration and sorting. Any additional on-site testing and characterization must occur within enclosed, portable facilities. Any waste generated from this additional on-site testing and characterization must be transported off-site for disposal.

A. General Standards and Requirements. Applications for all advanced exploration activities must demonstrate compliance with the standards for exploration listed under subsection 7(B) of this Chapter. Tier One advanced exploration activities must also meet the requirements of subsection 8(C), and Tier Two advanced exploration activities must meet the criteria for approval of mining activities in section 11 of this Chapter together with any additional site-specific conditions required under the advanced exploration permit.

(1) The Department may enter any advanced exploration site, take samples, and conduct tests in order to determine compliance with any provision of this Chapter or other applicable requirements.

(2) The Department may require the submission of quarterly self-inspection reports, signed by a qualified professional, on the advanced exploration activities conducted by the Permittee.

B. Submission Requirements. Applications for advanced exploration activities must comply with all applicable requirements in section 9 of this Chapter. A pre-application meeting is required prior to submission to the Department of a new application for any advanced exploration activity pursuant to this Chapter. The Applicant must meet the requirements in section 10 of Rules Concerning the Processing of Applications, 06-096 C.M.R. ch. 2. A pre-submission meeting is required unless waived as provided in 06-096 C.M.R. ch. 2, §10(D).

C. Tier One Advanced Exploration

n meeting is required prior to submission to the Department of a new application for any advanced exploration activity pursuant to this Chapter. The Applicant must meet the requirements in section 10 of Rules Concerning the Processing of Applications, 06-096 C.M.R. ch. 2. A pre-submission meeting is required unless waived as provided in 06-096 C.M.R. ch. 2, §10(D).

C. Tier One Advanced Exploration. To qualify for Tier One advanced exploration, exploration activities may exceed those permitted under section 7, “Exploration,” of this Chapter, but bulk sampling shall not remove in excess of 2,000 tons of mine waste from the exploration site for mineral testing or extraction. These activities may include: larger scale trenching or blasting than permitted under “Exploration” (i.e., greater than 300 sq. ft. for each test pit, trench or outcrop stripping site) but no more than one acre in total area in the area of exploration; road building/reconstruction; and temporary camp construction. Baseline monitoring or environmental assessment pursuant to section 9 of this Chapter is not required to obtain approval under Tier One for advanced exploration, but the Department may require water quality monitoring or other monitoring and sampling as described in paragraph (3) below. In addition, an adjudicatory hearing is not required for a Tier One Advanced Exploration.

(1) Application. Prior to commencement of any Tier One advanced exploration activities, an application shall be submitted for review and approval on forms provided by the Department. This application shall provide all information required by subsection 7(C) of this Chapter, evidence of the applicant’s mining experience as it relates to advanced exploration activities, and evidence to demonstrate that the proposed activity meets the standards set forth in subsection 8(C)(2).

tivities, an application shall be submitted for review and approval on forms provided by the Department. This application shall provide all information required by subsection 7(C) of this Chapter, evidence of the applicant’s mining experience as it relates to advanced exploration activities, and evidence to demonstrate that the proposed activity meets the standards set forth in subsection 8(C)(2).

(2) Standards. The standards for Tier One advanced exploration activities include the minimum exploration standards listed under subsection 7(B), the blasting standards in subsection 20(K), the performance standards in subsection 20, and the reclamation standards in subsections 23(I), 23(J), 23(M), and 23(N) of this Chapter. The Applicant must also demonstrate and maintain financial assurance in accordance with the requirements of section 17 of this Chapter.

(3) Submission Requirements. The Applicant shall submit with its application information to demonstrate that all applicable standards are met. The Applicant shall also submit with its application a reactive mine waste characterization work plan that includes the information required by subsection 20(E) of this Chapter. The plan must include, if determined to be necessary by the Department, measures to prevent or minimize adverse impacts on the environment, including, but not limited to control and monitoring of acid rock drainage, of metal leaching, and of areas impacted or potentially impacted by acid rock drainage.

D. Tier Two Advanced Exploration. To qualify for Tier Two advanced exploration, activities may exceed those permitted under Tier One advanced exploration activities and may include underground exploration tunnels, shaft sinking, and excavation work that disturbs more than one acre in area (which may involve multiple sites within the identified area of exploration) but not more than a total of three acres in area or a total of five percent of the advanced exploration site, whichever is less

exceed those permitted under Tier One advanced exploration activities and may include underground exploration tunnels, shaft sinking, and excavation work that disturbs more than one acre in area (which may involve multiple sites within the identified area of exploration) but not more than a total of three acres in area or a total of five percent of the advanced exploration site, whichever is less. Bulk sampling shall not remove in excess of 10,000 tons of mine waste from the advanced exploration site for mineral testing or extraction.

Submission Requirements. Prior to commencement of any Tier Two advanced exploration activities, an application shall be submitted for review and approval on forms provided by the Department. This application shall provide the information required by subsection 9(B) through 9(L) of this Chapter, unless waived by the Department, to demonstrate that the mining operation meets the performance standards and approval criteria of this Chapter.

Subchapter 3: PERMITS

9. Application Requirements

A. Pre-Application Meeting

(1) Prior to preparing an application for a mining permit, the Applicant shall meet with the Department for a pre-application meeting and a site visit. The purpose of the pre-application meeting, as set forth in 06-096 C.M.R. ch. 2, is to help the Applicant understand the application process, to exchange information, to discuss the application fee, and to review the proposed metallic mineral mining and reclamation operation, and for the Department to provide direction on the process for preparing an application for a mining permit.

The Applicant shall provide the Department the following information prior to the pre-application meeting:

the Applicant understand the application process, to exchange information, to discuss the application fee, and to review the proposed metallic mineral mining and reclamation operation, and for the Department to provide direction on the process for preparing an application for a mining permit.

The Applicant shall provide the Department the following information prior to the pre-application meeting:

(i) Identities and contact information of the persons associated with the proposed mine, including landowners, lessees, the Applicant, and other associated persons;

(ii) Location, including a description of town or township, range, section, and depiction of the metallic mineral mining areas and affected area on a diagram;

(iii) A general description of natural features including physical, geographic, hydrologic, biologic, and infrastructure description of the proposed mine and affected area including administrative features such as land use, zoning, surface and mineral ownership, and areas of special environmental designation;

(iv) A description of geologic resources, including:

(A) Geologic map indicating known stratigraphy, structure, and fault systems with appropriate cross-sections;

(B) Narrative of geologic history;

(D) Geologic stability of the affected area including regional seismicity, known landslides, and fault systems; and

(E) Unique geologic features;

ologic map indicating known stratigraphy, structure, and fault systems with appropriate cross-sections;

(B) Narrative of geologic history;

(D) Geologic stability of the affected area including regional seismicity, known landslides, and fault systems; and

(E) Unique geologic features;

(v) A description of the target mineral deposit, based on existing exploration data;

(vi) A conceptual advanced exploration plan, if necessary, and a conceptual metallic mineral mining, beneficiation, and reclamation plan;

(vii) A conceptual mine waste and designated chemical materials characterization work plan that meets the requirements of subsection 20(E) of this Chapter; and

(viii) A conceptual baseline characterization work plan that addresses, at a minimum, the requirements of subsection 9(C) of this Chapter.

At the pre-application meeting the Department will provide an overview of:

The Act, applicable rules, and the permit application process;

The fees for metallic mineral mining and the maximum fee for processing an application; and

The relationship of the Act and rules to other laws and regulations.

(2) Public Information Meeting. A public information meeting is also required pursuant to 06-096 C.M.R. ch. 2.

B. Application Contents. The Applicant shall provide all submissions that the Department determines are necessary to evaluate the application under the criteria for a permit under the applicable laws and rules. The Applicant shall prepare and submit to the Department an application for a mining permit, which shall at a minimum contain:

Applicant Information. Information about the Applicant and the proposed activity must be provided including, but not limited to, the following:

(a) The name, mailing address, and phone number of the Applicant and principal representative of the applicant;

laws and rules. The Applicant shall prepare and submit to the Department an application for a mining permit, which shall at a minimum contain:

Applicant Information. Information about the Applicant and the proposed activity must be provided including, but not limited to, the following:

(a) The name, mailing address, and phone number of the Applicant and principal representative of the applicant;

(b) The general organizational structure of the applicant, any parent companies, owners, principal stockholders, partners, and joint ventures;

(d) All entities with a financial interest in the proposed activity;

(e) Any managing agents or subsidiaries which are or may be involved in the proposed activity;

(f) Organizational and legal relationships between or among joint applicants;

(g) The Applicant’s registered agent for service of process in the State;

(h) Evidence of the Applicant’s ability to undertake the proposed activity, including:

(i) A statement of the Applicant’s prior experience and/or training as it relates to the proposed activity;

(ii) The names and qualifications of all key personnel who will be involved with site preparation, extraction, beneficiation, reclamation, closure, and post-closure maintenance;

(i) A summary of the Applicant’s and its responsible officers’ and related persons’ record of compliance with environmental and land use laws and financial requirements of Maine and other jurisdictions, as follows:

tivity;

(ii) The names and qualifications of all key personnel who will be involved with site preparation, extraction, beneficiation, reclamation, closure, and post-closure maintenance;

(i) Criminal Convictions. A listing and explanation of any criminal convictions of the State, other states, the United States, or another country of the persons required to disclose under this section;

(ii) Civil Violations. A listing and explanation of any adjudicated civil violations of environmental laws or rules administered by the State, other states, the United States, or another country by any of the persons required to disclose under this section in the 10 years immediately preceding the filing of the application;

(iii) Consent Decrees and Administrative Orders or Agreements. A listing and explanation of administrative agreements or consent decrees entered into by, or administrative orders directed at, any of the persons required to disclose under this section for violations of environmental laws administered by the Department, the State, other states, the United States, or another country in the 10 years immediately preceding the filing of the application;

(iv) Other Proceedings. A listing and explanation of any ongoing court proceeding, administrative consent agreement negotiation, or similar ongoing administrative enforcement action not already provided in which the Applicant or any of the persons required to disclose under this section is a party and which concerns environmental laws administered by the Department or the State.

The Department may require the Applicant to update the list set forth in subsection 9(B)(i) subsequent to the filing of the application; and

ation, or similar ongoing administrative enforcement action not already provided in which the Applicant or any of the persons required to disclose under this section is a party and which concerns environmental laws administered by the Department or the State.

The Department may require the Applicant to update the list set forth in subsection 9(B)(i) subsequent to the filing of the application; and

(j) Documentation of sufficient financial assurance and insurance required under subchapter 4 of this Chapter and proof of a comprehensive general liability insurance policy in force for the mining to provide personal injury and property damage protection in an amount adequate to compensate persons who might be damaged as a result of the mining operation or any reclamation or restoration connected with the operation.

Location. The location of the proposed activity must be provided including, but not limited to, the following:

(a) The location of the proposed site, including the municipality or township, and county;

(b) A legal description of the proposed site;

(c) Whether or not the proposed site is within the jurisdiction of the Land Use Planning Commission, and if so, the land use district(s) encompassing the site; and

(d) The names and addresses of abutting property owners.

(3) Evidence of Legal Authority. Evidence of the Applicant’s legal authority to conduct business in the United States and the State of Maine must be provided in the form of the Information Summary sheet from the Bureau of Corporations, Elections and Commissions.

(4) Other Permits. A list must be provided of all other federal, state, and local permits, licenses, and approvals required for the proposed activity, including the status of such permits, licenses, and approvals or applications for such approvals that are pending.

ate of Maine must be provided in the form of the Information Summary sheet from the Bureau of Corporations, Elections and Commissions.

(5) Mining Experience. A list must be provided of all mines controlled or operated, in whole or in part, by the applicant, parent companies, subsidiaries, predecessors, or related persons, in the United States and abroad. This list shall include mine site addresses, nature and duration of affiliation with the site, a brief description of each mine, and the compliance record with regard to applicable mining permits, authorizations, rules, and laws of the applicable jurisdiction.

(6) Reactive Mine Waste Report. The Applicant shall submit with its application a reactive mine waste report that includes the information required by subsection 20(E) of this Chapter consisting of all test data concerning waste analysis for each type of mine material, waste and designated chemical material, the testing program objective together with an interpretation of the results, and options for the control of acid generation and metal leaching.

C. Baseline Site Characterization Report. A baseline site characterization report shall be included as part of the application. This report must define existing conditions within the proposed mining areas and affected areas prior to commencement of the proposed activity. Baseline studies must provide sufficient data to allow qualitative and quantitative analysis of the study areas under a baseline work plan approved by the Department. All data collection and analyses must be performed by qualified professionals in the relevant disciplines. The use of already available (or pre-existing) data may be allowed subject to prior review and approval by the Department

ty. Baseline studies must provide sufficient data to allow qualitative and quantitative analysis of the study areas under a baseline work plan approved by the Department. All data collection and analyses must be performed by qualified professionals in the relevant disciplines. The use of already available (or pre-existing) data may be allowed subject to prior review and approval by the Department. All pre-existing data shall be clearly marked “pre-existing data” within the baseline plan. The Applicant shall discuss the manner and time in which the data were acquired, the analytical or investigative methods used and any other factors relevant to the quality and applicability of the data. The Department shall accept or reject the use of pre-existing data prior to the acceptance of the baseline work plan. All pre-existing data must be supplemented with new data collected within the mining areas and affected areas. The proposed baseline site characterization report must include, if required by the Department, each of the following:

(1) Documentation of aquatic and terrestrial flora and fauna species presence, distribution and abundance including the existence of endangered or threatened species and significant wildlife habitats and may include analyses of fish tissue, fish population, invertebrate population and abundance, and any other measure of ecological health the Department deems necessary to gauge potential impacts.

(2) A water balance of the metallic mineral mining and affected area including, but not limited to, consideration of precipitation, evapotranspiration, infiltration, runoff, surface and groundwater flow, hydraulic gradients, velocity, flowpaths, elevations, and groundwater/surface water interactions;

any other measure of ecological health the Department deems necessary to gauge potential impacts.

(3) An ambient water quality monitoring plan and monitoring results that provide baseline water quality information for any surface or groundwater that potentially may be impacted as a result of the mining activity. Surface and groundwater baseline monitoring is required for (1) metallic elements for which maximum contaminant levels (MCLs) have been established by the United States Environmental Protection Agency (EPA) under the Safe Drinking Water Act, or for which applicable Effluent Guidelines and Standards for Ore Mining and Dressing Point Source Categories have been established pursuant to 40 CFR §440; and (2) for any toxics for which criteria have been developed by EPA under Section 304(a) of the Clean Water Act or by the Department under 38 M.R.S. §420, and other indicators that could adversely impact water quality. In addition, the Department may require testing which includes, but is not limited to, the following:

acidity magnesium

alkalinity manganese

aluminum mercury

ammonia molybdenum

antimony nickel

arsenic nitrates-nitrite

barium pH

beryllium phenols

biochemical oxygen demand potassium

boron radium 226 and 228

bicarbonates selenium

cadmium silver

calcium silica

carbonates sodium

cation-anion balance sulfate

chemical oxygen demand sulfide

chloride temperature

chromium thallium

conductivity total dissolved solids

copper total Kjeldahl nitrogen

cyanide total organic carbon

dissolved oxygen fluoride total phosphorus

hardness total suspended solids

iron vanadium

lead volatile organic compounds

zinc total petroleum hydrocarbons

Baseline water quality monitoring shall include at least 2 years’ data collected over

al oxygen demand sulfide

chloride temperature

chromium thallium

conductivity total dissolved solids

copper total Kjeldahl nitrogen

cyanide total organic carbon

dissolved oxygen fluoride total phosphorus

hardness total suspended solids

iron vanadium

lead volatile organic compounds

zinc total petroleum hydrocarbons

Baseline water quality monitoring shall include at least 2 years’ data collected over 24 or more consecutive months unless pre-existing data are approved for use by the Department, and shall generate the information necessary to:

(a) Determine upper and lower predictive limits, with 95% level of confidence, for baseline physical hydrologic conditions (water levels, stream stage, and discharge) at each monitoring location, for each parameter, and for each hydrologic season. Storm frequency, intensity and flow/volume analyses shall be conducted for 2, 10, 25, 100, and 500-year storms;

(b) Provide a basis to evaluate future operational, reclamation, corrective action, closure, and post-closure monitoring data for the presence of a statistically significant change from baseline conditions;

(c) Characterize baseline water quality and sediment in streams, ponds, and wetlands for parameters representative of mine materials, wastes, and designated chemical materials, and associated reaction and transformation products that present a potential risk of release during metallic mineral mining;

(d) Characterize baseline water quality and sediment in streams, ponds, and wetlands for parameters that likely serve as general indicators of baseline conditions; and

s, and wetlands for parameters representative of mine materials, wastes, and designated chemical materials, and associated reaction and transformation products that present a potential risk of release during metallic mineral mining;

(d) Characterize baseline water quality and sediment in streams, ponds, and wetlands for parameters that likely serve as general indicators of baseline conditions; and

(e) Provide a groundwater flow numerical model for baseline, operational, and post closure conditions that will be used for determining potential hydrogeological impact;

(4) Documentation of baseline climatological and meteorological conditions including temperature, precipitation, precipitation forms, wind speed, wind direction, solar radiation, relative humidity, barometric pressure, atmospheric gas composition, and atmospheric dust;

(5) Documentation of all watersheds, groundwater basins and aquifers, and an inventory of wells, springs, and seeps within mining areas and affected areas;

(6) A study documenting soils and other surficial deposits present, including descriptions of type, extent, thickness, and physical and chemical properties; and

(7) Documentation of cultural, historic, and scenic resources.

D. Mining Operation Plan. A mining operation plan shall be included as part of the application. The mining operation plan shall provide a detailed metallic mineral mining feasibility study including, but not limited to, designs, plans and specifications, analyses, and schedules along with supporting data and information, as applicable, of the following:

(1) Type and method of metallic mineral mining proposed, and the expected operating life of the mine, including a mining and production schedule;

(2) Area, volume, type, and mineralogy of ore to be excavated, and schedule of metallic mineral mining and stockpiling of ore;

plans and specifications, analyses, and schedules along with supporting data and information, as applicable, of the following:

(1) Type and method of metallic mineral mining proposed, and the expected operating life of the mine, including a mining and production schedule;

(2) Area, volume, type, and mineralogy of ore to be excavated, and schedule of metallic mineral mining and stockpiling of ore;

(3) Area, volume, and characteristics of topsoil, overburden, lean ore, ore, and waste rock to be excavated, including plans and schedules for excavating, segregating, processing, storing, and stabilizing these materials. All mine waste must be characterized according to their potential to generate acid rock drainage or otherwise discharge contaminants to the environment, and plans for excavation, segregation, processing, storage, and stabilization of each type of material must specifically address the nature of the material identified by this characterization;

(4) Locations, designs, schedules of development, proposed use, and dimensions of stockpiles;

(5) Location, extent, depth, dimensions, and elevation contours of excavations, underground mine openings and workings, shafts, portals, and other openings to the land surface, including a schedule of development;

(6) Locations, dimensions, and proposed use of buildings, facilities, and structures including those used for storage and transfer of chemicals, and location, dimensions, and proposed use of fuel and explosives storage, washdown, and maintenance areas;

(7) Transportation plan, including off-site ore concentrate or metallic product hauling;

to the land surface, including a schedule of development;

(7) Transportation plan, including off-site ore concentrate or metallic product hauling;

(8) Plan for providing necessary general infrastructure requirements to the mining operation including electrical power requirements, water, wastewater, and general solid waste disposal, and access roads for transportation of equipment, materials, and labor required for the mining and restoration operation. This plan shall include details on the addition of the mining operation to existing civil infrastructures within the metallic mineral mining and affected areas;

(9) Beneficiation plan describing type, methods, extent and sequences, as well as associated materials, reagents, wastes, products, equipment, and processes;

(10) Tailings management plan, including a description of the quantity, method, location, sequence, and schedule;

(11) Water management plan for storm water, surface water, groundwater, potable water, and process water describing:

(a) Withdrawal sources, quantities, rates, and duration of use;

(b) Expected hydrologic impacts on water supply sources, groundwater, wetlands, and other surface water resources;

(c) Purpose, location, size, capacities, design, operating procedures of all ponds, impoundments, dewatering systems, diversions, and other water control structures and treatment facilities;

(d) Location and estimated volumes, rates, quality, and duration of discharges; and

of use;

(b) Expected hydrologic impacts on water supply sources, groundwater, wetlands, and other surface water resources;

(c) Purpose, location, size, capacities, design, operating procedures of all ponds, impoundments, dewatering systems, diversions, and other water control structures and treatment facilities;

(d) Location and estimated volumes, rates, quality, and duration of discharges; and

(e) Anticipated wastewater treatment methodology, design, and procedures;

NOTE: For some activities in, on, over or adjacent to a wetland or waterbody, a permit under the Natural Resources Protection Act may be required. See 38 M.R.S. §480-B and the Department’s Wetlands and Waterbodies Protection rule, 06-096 C.M.R. ch. 310. Any discharge to the Waters of the State requires a permit pursuant to 38 M.R.S. §413.

(12) Waste management plan including descriptions by waste stream type, source, anticipated volumes, characteristics, provisions for minimization, treatment, on-site storage, containment, management, transportation, and disposal endpoints. Waste management plans shall not include perpetual treatment methodologies; and

(13) Dust management plan for the control of dust and other fugitive emissions.

E. Engineering Report. An engineering report shall be included as part of the application. The engineering report for the mine facility must present the basis for the engineering design and the proposed construction procedures. The engineering report must discuss site-specific factors considered during design and address design selection for engineered structures. The report must also include a narrative evaluating the potential modes and significance of failures in engineered systems. All calculations and assumptions used in the evaluation and design of the proposed facility must be submitted. Engineering designs, reports, plans and other technical engineering documents must be signed by a qualified professional.

F. Quality Assurance Plan (QAP)

uctures. The report must also include a narrative evaluating the potential modes and significance of failures in engineered systems. All calculations and assumptions used in the evaluation and design of the proposed facility must be submitted. Engineering designs, reports, plans and other technical engineering documents must be signed by a qualified professional.

F. Quality Assurance Plan (QAP). A QAP must be established and included as part of the application to assure that design specifications and performance requirements for all mining operations are met during construction, operation, reclamation, and closure. The QAP must include, but is not limited to, the following:

(1) A description of the Construction Quality Assurance (CQA) measures to be implemented;

(2) A description of the relationship between the QAP, construction quality control, and the construction contract bid documents. The construction contract bid documents must also clearly define this relationship;

(3) A description of the extent and scope of the responsibility and authority of organizations and/or personnel involved in permitting, designing, constructing, and certifying construction, operation, reclamation and closure of the mining operation. This must also include a description of a construction problem resolution process that incorporates the roles and responsibilities of all parties, including the Applicant /Permittee, CQA personnel, contractors, and the Department;

(4) The required qualifications of the CQA personnel and testing laboratories. Personnel qualifications must include recognized industry certifications where available and applicable. Testing laboratories must be certified by the appropriate state and national accreditation programs for the tests to be performed;

(5) The inspections and tests to be performed to ensure that the mining operation conforms to the requirements of the mining permit, this Chapter and the Act;

ries. Personnel qualifications must include recognized industry certifications where available and applicable. Testing laboratories must be certified by the appropriate state and national accreditation programs for the tests to be performed;

(5) The inspections and tests to be performed to ensure that the mining operation conforms to the requirements of the mining permit, this Chapter and the Act;

(6) The sampling activities, sample size, methods for determining sample locations, frequency of sampling, acceptance and rejection criteria, and methods for ensuring that corrective measures are implemented;

(7) Record keeping and reporting requirements for CQA and inspection activities;

(8) A list and description of all items requiring CQA certifications, including identification of the engineer(s) responsible for these certifications; and

(9) A description of the process for evaluating CQA and inspector performance, and for terminating CQA personnel and inspectors, including notification to the Department.

G. Environmental Impact Assessment. An environmental impact assessment shall be included as part of the application. Preparation of an environmental impact assessment must include the public participation requirements described in section 10 of this Chapter. The environmental impact assessment report shall include:

(1) Project Description. The project description shall include:

(a) A map showing the metallic mineral mining areas and affected areas, including a rationale and basis supporting the proposed mining area boundaries and affected area boundaries and locations of protected natural resources as defined at 38 M.R.S. §480-B(8) within, adjacent to, or potentially impacted by the mining areas or affected area. Each mining activity must have a defined mining area;

(b) A statement of purpose and need for the proposed mine and mining activity components; and

ale and basis supporting the proposed mining area boundaries and affected area boundaries and locations of protected natural resources as defined at 38 M.R.S. §480-B(8) within, adjacent to, or potentially impacted by the mining areas or affected area. Each mining activity must have a defined mining area;

(b) A statement of purpose and need for the proposed mine and mining activity components; and

(2) Resource and Setting. A description of and documentation of the metallic mineral mining areas, affected areas, natural and artificial features, and where applicable, anticipated seasonal and longer term variations of those features using data and information from the baseline characterization, the reactive mine waste and designated chemical materials characterization, as well as other site-specific information, credible regional studies, and studies of other sites having documented similar conditions. This assessment must include the quality, flora, fauna, hydrology, geology, geochemistry, and baseline conditions for these features, including, but not limited to:

(a) Topography and land use;

(b) Climate;

(d) Geology, including, but not limited to, the areal extent, thickness, lithology, permeability, and geochemistry of soils, overburden, and the bedrock and ore body;

(e) Water resources including, but not limited to, the hydrologic attributes of surface water and groundwater resources and the physical and spatial attributes of aquifers, groundwater basins, watersheds, and natural and artificial surface water resources;

(f) Locations of designated or recorded administrative features including:

and geochemistry of soils, overburden, and the bedrock and ore body;

(f) Locations of designated or recorded administrative features including:

(i) Hydrologic features such as wild, scenic or recreational rivers, wellhead protection areas, floodplains, and wetlands;

(ii) Towns, villages, counties, and other civic jurisdictions;

(iii) Recreational, historical, cultural, archeological, scientific, and natural areas or similar features such as parks, refuges, wilderness areas, and state and national monuments; and

(iv) Public rights of way, zoning, and associated land use plans for the metallic mineral mining areas;

(g) Biologic resources including, but not limited to, the presence of, or recorded locations of rare, endangered, and threatened species, the presence or absence of species of special concern, significant wildlife habitats, deer wintering areas, aquatic and terrestrial flora and fauna species and abundance, and ecological systems; and

(h) Manmade structures, including descriptions, locations, and uses of:

(i) Water supply sources for drinking, cooling, irrigation, geothermal, industrial, and other purposes;

(ii) Dwellings, places of business or worship, schools, hospitals, government buildings, and other buildings used for human occupancy;

(iii) Private, public, and institutional infrastructure such as utilities, transportation corridors, dams, bridges, and tunnels;

(iv) Past metallic mineral mining facilities including storage piles, tailings basins, pits, underground workings, and beneficiating plants; and

ings, places of business or worship, schools, hospitals, government buildings, and other buildings used for human occupancy;

(iii) Private, public, and institutional infrastructure such as utilities, transportation corridors, dams, bridges, and tunnels;

(iv) Past metallic mineral mining facilities including storage piles, tailings basins, pits, underground workings, and beneficiating plants; and

(v) Waste disposal facilities or sites of environmental contamination.

(3) Impact Analysis. The environmental impact assessment must identify potential impacts to the resources and setting identified in subsection 9(G)(2), above.

(4) Use of Federal Permit Submissions. An Environmental Impact Statement or equivalent document prepared as part of Federal permitting requirements for an application under this activity may be accepted in lieu of the State’s required environmental impact assessment, at the discretion of the Department. The Department may require these documents to be supplemented to meet the requirements of the Chapter.

(5) Environmental impact assessment results, analyses, and findings and supporting information and data shall be submitted in a report to the Department as part of the application for a mining permit.

H. Alternatives Analysis. An alternatives analysis shall be included as part of the application and must include the following information and analysis. This analysis will be incorporated into the Department’s determination of whether the proposed project would unreasonably adversely affect existing uses, scenic character, air quality, water quality, and other natural resources.

a mining permit.

(1) The alternatives analysis must demonstrate the consideration of siting alternatives as well as alternative technologies, modified scale or magnitude, and alternatives incorporating practicable mitigation measures for portions of a metallic mineral mining operation ancillary to the removal of material in connection with the commercial production of metallic minerals, and for which there is some flexibility in site selection, such as storage piles, water reservoirs, beneficiation operation processing plants, chemical and fuel storage and handling areas, wastewater treatment plants and disposal alternatives, offices, roadways, and auxiliary facilities.

(2) The alternatives analysis for removal of material must demonstrate minimization including location, removal techniques, and reasonable mitigation measures.

(3) Alternatives that were considered but eliminated based on information developed through the environmental impact assessment must be discussed and the reason for their elimination must be stated.

(4) Data and analysis shall be commensurate with the importance of the impact and the relevance of the information to a reasoned choice among alternatives and to the consideration of the need for mitigation measures.

(5) Impact Analysis. There shall be an analysis of potentially significant adverse or beneficial environmental effects generated, directly, indirectly, or cumulatively for the proposed mine and each major alternative.

(6) Mitigation. Measures that could reasonably eliminate or minimize any adverse environmental effects, of the proposed project shall be identified, including, but not limited to:

(a) Minimizing an impact by not taking a certain action or parts of an action;

(b) Rectifying an impact by repairing, rehabilitating, or restoring the affected environment;

(c) Reducing or eliminating an impact over time through preservation and maintenance operations during the life of the project; and

(d) Compensating for an impact by replacing the affected significant wildlife habitat.

I. Mine Plan. A mine plan shall be included as part of the application. The mine plan shall describe the metallic mineral mining operation plan and include the siting, design, development, operation (including beneficiation operations), reclamation, closure, post-closure, and corrective action methods to be used during construction, operation, reclamation, remediation, closure and post-closure to avoid, minimize and mitigate actual and potential adverse impacts to natural resources, the environment, and public health and safety. The mine plan must include an environmental protection, reclamation, and closure plan. The mine plan must address the unique issues associated with mining and must include, at a minimum, the following:

(1) A description of each aspect of the mine siting, design, development, operation, reclamation, closure, post closure, and corrective actions, and the potential adverse impacts to natural resources, the environment, and public health and safety that are avoided, minimized, and/or mitigated;

(2) Detailed designs, plans, specifications, techniques, methods, materials, standard operating procedures, construction methods, and schedules for each aspect of the mine plan;

t, operation, reclamation, closure, post closure, and corrective actions, and the potential adverse impacts to natural resources, the environment, and public health and safety that are avoided, minimized, and/or mitigated;

(2) Detailed designs, plans, specifications, techniques, methods, materials, standard operating procedures, construction methods, and schedules for each aspect of the mine plan;

(3) The basis for the applicant’s contention that the proposed plan for each of these aspects prevents adverse impacts to natural resources, the environment, and public health and safety;

(4) A description of the reclamation plan, including, at a minimum:

(a) A reclamation plan as required in section 23 of this Chapter;

(b) A plan for contemporaneous reclamation activities along with an explanation if contemporaneous reclamation will not be practicable in certain aspects of the project;

(c) Closure and post-closure maintenance, identifying reclamation activities that would be taken by the Applicant if operations cease or are suspended. The plan shall address all of the components stipulated in section 24 of this Chapter and be updated annually; and

(d) A schedule for expected reclamation activities;

(5) A detailed written cost estimate and cost rationale for each category of the mine plan, including, at a minimum:

(i) The cost of designing and constructing the mine and operational costs for the first 5 years of operation;

ded. The plan shall address all of the components stipulated in section 24 of this Chapter and be updated annually; and

(d) A schedule for expected reclamation activities;

(5) A detailed written cost estimate and cost rationale for each category of the mine plan, including, at a minimum:

(i) The cost of designing and constructing the mine and operational costs for the first 5 years of operation;

(ii) The cost to investigate all possible releases of contaminants at the site, monitor all aspects of the mining operation, close the mining operation in accordance with the closure plan, conduct treatment activities of all expected fluids and wastes generated by the mining operation for a minimum of 100 years, implement remedial activities for all possible releases and maintenance of structures and waste units as if these units have released contaminants to the groundwater and surface water, conduct corrective actions for potential environmental impacts to groundwater and surface water resources as identified in the environmental impact assessment and conduct all other necessary activities at the mine site in accordance with the environmental protection, reclamation and closure plan; and

(iii) The cost to respond to a worst-case catastrophic mining event or failure, including, but not limited to, the cost of restoring, repairing and remediating any damage to public facilities or services, to private property or to the environment resulting from the event or failure.

All cost estimates shall be in current dollars, shall include at least a 20% contingency, and shall assume the hiring by the Department of a third party to complete all tasks. Cost estimates shall include Department oversight costs equal to 30% of the cost of hiring a third party to complete all tasks. No salvage value of products, waste, mine structures, equipment, land, or other assets associated with the mining operations shall be included in the cost estimate.

J. Monitoring Plan. A monitoring plan must be included as part of the application

complete all tasks. Cost estimates shall include Department oversight costs equal to 30% of the cost of hiring a third party to complete all tasks. No salvage value of products, waste, mine structures, equipment, land, or other assets associated with the mining operations shall be included in the cost estimate.

J. Monitoring Plan. A monitoring plan must be included as part of the application. The contents of the monitoring plan must meet the requirements described in section 22 of this Chapter.

K. Contingency Plan. A contingency plan must be included as part of the application. The contingency plan shall include all of the following:

(1) An assessment of the risk to public health and safety associated with potential accidents or failures involving the following:

(a) Release or threat of release of reactive mine waste or toxic materials;

(b) Storage, transportation, and handling of explosives;

(d) Fires;

(e) Wastewater collection and treatment system failure or upset;

(f) Settling pond, dry stack tailings management structure, or embankment failure;

(g) Air emissions;

(h) Spills of hazardous substances;

(i) Other specific natural risks defined by the environmental impact assessment;

(j) Power disruption;

(k) Unplanned subsidence; and

(l) Leaks from containment systems for stockpiles, storage, or disposal facilities.

(2) A description of the detection and warning systems to be used in alerting the Applicant or the Department of the accidents or failures above.

(3) A complete Spill Prevention, Control and Countermeasures Plan if required by 40 CFR Part 112 or other federal or state statutes and regulations.

(4) Response measures that will be followed for each potential accident or failure.

(5) The procedure for notifying the general public, public authorities, and safety agencies in the event of an emergency including:

(a) A list, by title, of employees of the Permittee to be contacted and their duties and responsibilities;

quired by 40 CFR Part 112 or other federal or state statutes and regulations.

(4) Response measures that will be followed for each potential accident or failure.

(5) The procedure for notifying the general public, public authorities, and safety agencies in the event of an emergency including:

(a) A list, by title, of employees of the Permittee to be contacted and their duties and responsibilities;

(b) The actions to be taken to restrict access of nonessential personnel to the area;

(d) A list of emergency equipment and its location;

(e) A list of emergency telephone numbers for the following people or entities:

(i) Representatives of the Permittee;

(ii) The local municipality emergency management coordinator;

(iii) Local ambulance services;

(iv) Local hospitals;

(v) Local fire and police departments;

(vi) Department of Environmental Protection;

(vii) Pollution emergency alerting system;

(viii) Federal regulatory agencies, as appropriate;

(ix) Department of Agriculture, Conservation and Forestry; and

777 which is available 24 hours a day. For spills of toxic or hazardous material, call 1-800-452-4664 which is available 24 hours a day. For more information, visit the Department’s website at: http://www.maine.gov/dep/spills/emergspillresp/

(vii) Pollution emergency alerting system;

(viii) Federal regulatory agencies, as appropriate;

(ix) Department of Agriculture, Conservation and Forestry; and

(x) Local unit of government.

(6) A plan for testing the contingency plan to assure its effectiveness.

(7) The contingency plan, including contact information, shall be updated and re-submitted to the Department on an annual basis.

(8) The Applicant shall submit a copy of the contingency plan to each emergency management coordinator having jurisdiction over the metallic mineral mining affected area at the time the application is submitted to the Department.

L. Financial Assurance. A description of the type or types and amounts of financial assurance to be provided that will satisfy the requirements of subchapter 4 of this Chapter and 38 M.R.S. §490-RR must be included in the application. This submittal must be adequate to demonstrate the financial ability of the Applicant in accordance with subchapter 4 of this Chapter.

10. Public and Local Participation

Notification and Participation Requirements. These requirements apply to an application for an advanced exploration activity or mining permit. This section details the notification and participation requirements for the pre-application phase, which includes the baseline work plan and the scoping document for the environmental impact assessment. In addition, the application phase, which includes the advance notice requirements, notice of intent to file, adjudicatory hearing and intervenor grants must meet the requirements of Chapter 2 of the Department Rules and the Maine Administrative Procedure Act, 5 M.R.S. chapter 375.

Pre-application Phase – Publication and Notice of Baseline Work Plan

ocument for the environmental impact assessment. In addition, the application phase, which includes the advance notice requirements, notice of intent to file, adjudicatory hearing and intervenor grants must meet the requirements of Chapter 2 of the Department Rules and the Maine Administrative Procedure Act, 5 M.R.S. chapter 375.

Pre-application Phase – Publication and Notice of Baseline Work Plan. Prior to the collection of any baseline data, the Applicant shall submit a baseline work plan to the Department. The baseline work plan shall describe methods used for acquiring data, sampling locations, sampling frequency, analytical methods, a timetable for data collection, and a quality assurance (QA) project plan. Upon submittal of a baseline work plan, the Applicant shall provide public notice of the availability of the baseline work plan for public review and comment by publishing notice in at least one newspaper of general circulation in the area where the activity is proposed, and in one newspaper with a circulation area of the entire State of Maine. Following notice of publication of the baseline work plan, there shall be 30 days for public review and comment.

Review and Acceptance of Baseline Work Plan. Within 30 days after the close of the public comment period, after review of the proposed baseline work plan and consideration of comments received, the Department shall either accept the baseline work plan or require revisions to the plan prior to acceptance.

(2) After the baseline work plan has been accepted by the Department, the Applicant shall submit to the Department a proposed amendment if:

(a) Changes in the siting of the proposed activity necessitate an expansion of the study area;

(b) Changes in the scope of the proposed activity necessitate additional studies; or

ept the baseline work plan or require revisions to the plan prior to acceptance.

(2) After the baseline work plan has been accepted by the Department, the Applicant shall submit to the Department a proposed amendment if:

(a) Changes in the siting of the proposed activity necessitate an expansion of the study area;

(b) Changes in the scope of the proposed activity necessitate additional studies; or

(c) Any other information is necessary for the Department to evaluate the proposed activity under all applicable permit review criteria.

C. Preparation of Environmental Impact Assessment Scoping Document.

(1) A scoping process shall be used before preparation of an environmental impact assessment (EIA) to identify environmental issues relevant to the proposed activity, determine the appropriate level of analysis and contents of the EIA, identify the factors to be assessed in the EIA, and set a timetable for preparation. At a minimum, the scope of an EIA shall encompass the environmental, human health and safety, physical, cultural, and land use impacts of a proposed activity; measures for mitigating significant impacts; the physical characteristics of the project site and design/operation alternatives.

(2) Prior to the preparation of the EIA, a draft scoping document must be submitted to the Department by the applicant. The draft scoping document must be submitted before the application is filed, and shall include, but is not limited to, the following:

(a) Identification of the Applicant and the location and description of the activity;

(b) Identification of other reviewing agencies;

(c) Identification of potential environmental impacts and issues that require investigation including interconnection of the proposed mining areas to adjacent groundwater and surface water resources;

(d) Detailed work plan for the analysis of each potential environmental impact and issue identified above including proposed evaluations;

(e) Copy of the baseline work plan, if previously accepted;

(c) Identification of potential environmental impacts and issues that require investigation including interconnection of the proposed mining areas to adjacent groundwater and surface water resources;

(d) Detailed work plan for the analysis of each potential environmental impact and issue identified above including proposed evaluations;

(e) Copy of the baseline work plan, if previously accepted;

(f) Identification of the baseline data that will be incorporated into the EIA and how it will be incorporated; and

(g) Preliminary outline of the EIA.

(3) Public Notice and Availability of Draft Scoping Document

(a) Upon submittal of the draft scoping document, the Applicant shall provide public notice of the availability of the draft scoping document for public review and comment by publishing a notice in at least one newspaper of general circulation in the area where the activity is located.

(b) The Applicant shall also notify, by certified mail, abutting landowners, the municipal officers of the municipality in which the activity is proposed or, if within the unorganized and deorganized areas of the State, the county commissioners with jurisdiction where the activity is proposed.

(4) Public Comment Period. Following notice of publication of the draft scoping document, there shall be 45 days for public comment.

(5) Public Scoping Meeting. During the comment period, the Department may hold a public scoping meeting to gather further comments on the draft scoping document if the Department determines that such a meeting is necessary or useful to the review process.

D. Application Phase – Advanced Notice of Intent to File

publication of the draft scoping document, there shall be 45 days for public comment.

D. Application Phase – Advanced Notice of Intent to File

(1) The Applicant shall notify, by certified mail, the municipal officers of each municipality in which the mining areas or affected areas may be located, or in unorganized and deorganized areas of the State, the county commissioners for each county in which the mining areas and affected areas may be located, of the Applicant’s intent to file a mining permit application at least 60 days prior to submitting an application to the Department.

(a) The notice shall contain all of the following:

(i) A statement of intent to apply for a mining permit;

(ii) The name, address, and telephone number of the applicant;

(iii) The name of a designated contact person;

(iv) The type of mine proposed and a figure clearly showing the location of the mining areas and the affected areas;

(v) The anticipated date of submittal of the permit application; and

(vi) A description of the right of the municipal officers or county commissioners to apply for intervenor grants, their right to receive grants not exceeding $50,000 to support certain activities to intervene before the Department, and the requirement that they must request intervenor status within 60 days of this notification or be deemed to have waived the right to receive intervenor grants.

and

(2) At the same time the Applicant shall provide a copy of this notice to the Department and the Director of the Bureau of Resource Information and Land Use Planning within the Department of Agriculture, Conservation and Forestry.

E. Notice of Intent to File Applications. Within 30 days prior to filing, an Applicant shall give public Notice of Intent to File an application for a new, transferred, or amended permit. An application that has been previously returned as incomplete pursuant to the Department’s administrative rules must comply with these requirements if the application is not resubmitted within 30 days of the date it was returned to the applicant. The notice must be mailed by certified mail to abutters, as determined by local tax records or other reliable means, to the municipal office of the municipality(ies) where the project is located and, if the project is located in the unorganized or deorganized areas of the State, to the appropriate county commissioners. The notice must also be published once per week for four (4) successive weeks in a newspaper circulated in the area where the project is located. Copies of the published Notice of Intent to File and a list of abutters to whom notice was provided must be submitted with the application. The notice must include the following information:

(1) Name, address, and telephone number of the applicant;

(2) Citation of the statutes or rules under which the application is being processed;

(3) Location of the activity;

(4) Summary of the activity;

(5) Anticipated date for filing the application with the Department;

abutters to whom notice was provided must be submitted with the application. The notice must include the following information:

(1) Name, address, and telephone number of the applicant;

(2) Citation of the statutes or rules under which the application is being processed;

(3) Location of the activity;

(4) Summary of the activity;

(5) Anticipated date for filing the application with the Department;

(6) A statement providing the local filing location where the application can be examined;

(7) A statement that public comments on the application may be provided to the Department, together with the name and email address of the Department contact person and the mailing address of the Department; and

(8) Any other information required by applicable rule or law.

F. Application Phase – Adjudicatory Hearings. The Department will hold an adjudicatory hearing within the municipality in which a Tier Two advanced exploration or mining operation may be located or, in the unorganized or deorganized areas of the State, in a location convenient to the vicinity of the proposed mining operation no later than 180 days after the application is accepted as complete for processing and at least 30 days prior to the issuance of a draft permit decision. This timeframe does not apply if the Board takes jurisdiction over the application. Public notice of such a hearing will be provided in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §9051-A. The hearing will be conducted in conformance with the requirements of the Maine Administrative Procedure Act, 5 M.R.S. §§ 9051-9063, and the Department’s Rules Governing the Conduct of Licensing Hearings, 06-096 C.M.R. ch. 3.

G. Application Phase – Intervenor Status

ation. Public notice of such a hearing will be provided in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §9051-A. The hearing will be conducted in conformance with the requirements of the Maine Administrative Procedure Act, 5 M.R.S. §§ 9051-9063, and the Department’s Rules Governing the Conduct of Licensing Hearings, 06-096 C.M.R. ch. 3.

G. Application Phase – Intervenor Status

(1) Petitions for General Intervenor Status. A request for general intervenor status may be filed in any application proceeding for an advanced exploration mining permit or a mining permit under this Chapter. Petitions for intervenor status are governed by the Department’s Rules Governing the Conduct of Licensing Hearings, 06-096 C.M.R. ch. 3, except as otherwise provided in subsection 10(G)(2) of this Chapter.

(2) Requests for Municipal and County Intervenor Status. As provided in 38 M.R.S §490-OO(6)(D), the municipal officers, or their designees, from each municipality in which the mining areas or affected areas may be located or, in the unorganized or deorganized areas of the State, the county commissioners or their designees, for each county in which the mining areas or affected areas may be located have intervenor status if they request it within 60 days after notification under subsection 10(D). Immediately upon the Commissioner’s receipt of a request for intervenor status from such a municipality or county, the intervenors have all rights and responsibilities commensurate with this status.

H. Assistance Grants for Municipal and County Intervenors. The Commissioner shall reimburse or make assistance grants for the direct expenses of intervention by municipalities and county commissioners granted intervenor status.

ioner’s receipt of a request for intervenor status from such a municipality or county, the intervenors have all rights and responsibilities commensurate with this status.

(1) Grant Agreements. The Department shall draft a grant agreement as soon as possible after a qualified municipality or county commissioner has requested intervenor status. This agreement will formalize the type of services to be used; the frequency and conditions of billing, grant payment or reimbursement; the required documentation of costs and work output; and audit and grant repayment conditions.

(a) The Applicant shall pay the Department an amount sufficient for the Department to reimburse or make assistance grants for the direct expenses of intervention for any municipality or county commissioner granted intervenor status under this section.

(b) The amount of any such grant may not to exceed $50,000 per project per intervenor.

(c) The Department shall coordinate, evaluate, and approve or deny in writing all requests by intervenors for grants or project expense reimbursement.

(2) Grant Reimbursement. Allowable expenses include hydrologic studies, traffic analyses, the retention of expert witnesses and attorneys, and other related expenses. Expenses not incurred in support of direct, substantive participation in the proceedings before the Department, including attorneys’ fees related to judicial appeals, are not eligible for grant funding or reimbursement under this provision. Reimbursement requests shall include the following:

(a) Not more often than monthly, a municipal or county intervenor seeking reimbursement for expenses shall submit detailed documentation of eligible expenses to the Department up to the maximum amount approved by the Department.

(b) Documentation shall include the following:

re not eligible for grant funding or reimbursement under this provision. Reimbursement requests shall include the following:

(b) Documentation shall include the following:

(i) A description of the expense incurred, the names of the person or entity performing the work or providing the testimony, and the dates on which that work was performed or the study or testimony provided; and

(ii) Hourly rates and the number of hours worked, if applicable, or the cost for each person providing services or testimony.

(3) Upon approval of a grant agreement, grant payments must be made upon the request of the municipal or county intervenor unless payment is denied for one of the following reasons:

(a) The work was undertaken before the municipality or county commissioners had intervenor status, after the intervenor had been notified by the Applicant that the application was withdrawn, or after withdrawal of the intervenor;

(b) False statements were made in the grant submission; or

(4) The municipal or county intervenor shall maintain all documentation of expenses pertaining to costs incurred under the grant agreement. These materials must be provided upon request by the Department.

(5) Any grant funds not spent by an intervenor for eligible costs must be returned to the Applicant within 60 days of the Department’s final disbursement to the municipal or county intervenor, but in no case later than 120 days after approval or denial of the application.

I. Access to the Site by Intervenors. Both general intervenors and municipal officers and county commissioner intervenors shall have access to the proposed mining site at reasonable times for purposes of inspection and investigation, as follows:

e Department’s final disbursement to the municipal or county intervenor, but in no case later than 120 days after approval or denial of the application.

(1) An intervenor must submit a request in writing for entry to the site to the Department explaining the dates and times of requested entry, names of persons to gain entry, specific location of proposed work, and a detailed description of work to be conducted.

(2) The intervenor shall provide a copy of the written request for access to all other intervenors and the applicant.

(3) If the Applicant and the requesting intervenor are unable to reach agreement within a reasonable time for the intervenor’s access to the site, the Department will arrange for the site access for the intervenor.

(4) A designated representative of the mining permit Applicant shall accompany the intervenor on at least the first site visit and may approve non-accompanied future intervenor visits.

J. Public Information Website. The application, review comments, and supplemental application materials shall be made available on the Department’s website. The Applicant shall reimburse the Metallic Mining Fund for all costs associated with development and maintenance of this website.

11. Criteria for Mining Permit Approval. A person may not engage in metallic mineral mining except as authorized in a mining permit issued by the Department.

A. Permit Approval. The Department shall issue a mining permit whenever it finds the following:

(1) The Applicant has the authority and technical ability to develop the proposed mine in a manner consistent with applicable state environmental standards and with the provisions of this Chapter and the Act.

in metallic mineral mining except as authorized in a mining permit issued by the Department.

A. Permit Approval. The Department shall issue a mining permit whenever it finds the following:

(2) The Applicant has demonstrated that its proposed mining operation meets the requirements of all of the following:

(a) The Applicant has made adequate provisions for fitting the mining operation harmoniously into the existing natural environment, and the development will not unreasonably adversely affect existing uses, scenic character, air quality, water quality or other natural resources;

(b) The mining operation is located on soil and rock types and geological structures that are suitable to the nature of the mining operation;

(c) There is a reasonable assurance the mining operation will not violate applicable surface water quality standards. Notwithstanding 38 M.R.S. §§ 465-C and 470, contamination of groundwater from activities permitted under this Chapter may occur within a mining area, but such contamination must be limited and may not result in:

(i) Contamination of groundwater beyond the mining area;

(ii) Contamination of groundwater within the mining area that exceeds applicable water quality criteria for pollutants other than pH or metals;

(iii) Contamination of groundwater within the mining area due to pH or metals that exceeds limits set forth in the mining permit by the Department based on site-specific geologic and hydrologic characteristics;

(iv) Any violation of surface water quality standards under 38 M.R.S. §413 or Title 38 Chapter 3, Subchapter 1, Article 4-A (Water Classification Program) ; or

nts other than pH or metals;

(iv) Any violation of surface water quality standards under 38 M.R.S. §413 or Title 38 Chapter 3, Subchapter 1, Article 4-A (Water Classification Program) ; or

(v) If groundwater or surface water quality within the mining area prior to the commencement of any mining activity exceeds applicable water quality standards, further degradation of such groundwater or surface water quality.

In determining compliance with this standard, the Department shall require groundwater monitoring consistent with the standards established pursuant to 38 M.R.S. §490-OO(3) and section 22 of this Chapter.

Notwithstanding subsection 2(NNN) of this Chapter, for the purposes of this subsection “mining area” means an area of land, approved by the Department and set forth in the mining permit, not to exceed 100 feet in any direction from a mine shaft, surface pit or surface excavation, and does not include the following lands, regardless of the distance of such land from a mine shaft, surface pit or surface excavation: the land on which material from mining is stored or deposited; the land on which beneficiating or treatment facilities are located; the land on which groundwater and surface water management systems are located or the land on which water reservoirs used in a mining operation are located;

(d) The mining operation will not result in a direct or indirect discharge that, either by itself or in combination with other discharges, will cause or contribute to nonattainment of applicable surface water quality standards under the Water Classification Program, 38 M.R.S. §§ 464-469;

r management systems are located or the land on which water reservoirs used in a mining operation are located;

(e) The mining operation will not result in a direct or indirect discharge that, either by itself or in combination with other discharges, will cause or contribute to nonattainment of groundwater standards outside the mining areas under the Water Classification Program, 38 M.R.S. §§ 464, 465-C and 470;

(f) Withdrawals of groundwater and surface water related to the mining operation will comply with the Water Withdrawal Reporting Program, 38 M.R.S. §470-A et seq. and 06-096 C.M.R. ch. 587;

(g) The Applicant has made adequate provisions for utilities, water supplies, wastewater treatment facilities and solid waste disposal required for the mining operation, and the mining operation will not have an unreasonable adverse effect on the existing or proposed utilities in a municipality or area served by those services;

(h) The mining operation will not unreasonably cause or increase flooding of the area that is altered by the mining operation or adjacent properties or create an unreasonable flood hazard to any structure. Mining operations involving the removal of metallic minerals, the storage of metallic minerals or mine waste, the processing of metallic minerals, or the treatment of mine waste may not be placed in or on floodplains or flood hazard areas;

(i) The Applicant has made adequate provision for protection of public health and safety;

(j) The mining operation will not use heap, percolation leaching, in-situ leaching, or block caving;

(k) The mining operation meets the performance standards of this Chapter;

ste, the processing of metallic minerals, or the treatment of mine waste may not be placed in or on floodplains or flood hazard areas;

(i) The Applicant has made adequate provision for protection of public health and safety;

(j) The mining operation will not use heap, percolation leaching, in-situ leaching, or block caving;

(k) The mining operation meets the performance standards of this Chapter;

(l) The Applicant has demonstrated a reasonable assurance of being able to meet all terms and conditions specified by the Department in a mining permit;

(m) The Applicant has demonstrated that there is reasonable assurance that public and private water supplies will not be affected by the mining operation.;

(n) No part of the mining operation will be located wholly or partially in, on or under any state land listed in 12 M.R.S. §549-B(7)(C-1);

(o) The mining operation will not remove metallic minerals in, on or from a river, stream or brook, as defined in 38 M.R.S. §480-B(9); a great pond, as defined in 38 M.R.S. §480-B(5); a freshwater wetland, as defined in 38 M.R.S. §480-B(4); or a coastal wetland, as defined in 38 M.R.S. §480-B(2) is prohibited;

(p) The mining operation will not involve placement of a mine shaft in, on or under a significant river segment, as identified in 38 M.R.S. §437; an outstanding river segment, as identified in 38 M.R.S. §480-P; an outstanding river, as identified in 12 M.R.S. §403; a high or moderate value waterfowl and wading bird habitat that is a significant wildlife habitat pursuant to 38 M.R.S. §480-B(10)(B)(2); a great pond, as defined in 38 M.R.S. §480-B(5); or a coastal wetland as defined in 38 M.R.S. §480-B(2);

(q) The mining operation will use dry stack tailings management and will not use wet mine waste units or tailings impoundments for the management of mine waste and tailings, except that the mining operation may involve the placement into a mine shaft of waste rock that is neutralized or otherwise treated to prevent contamination of groundwater or surface water;

d as defined in 38 M.R.S. §480-B(2);

(r) The mining operation will not use open-pit mining; and

(s) The financial assurance required pursuant to 38 M.R.S. §490-RR and section 17 of this Chapter has been posted and fully funded.

B. Requirements. The Department shall process each permit application required and submitted by the Applicant under 38 M.R.S. §490-NN(1), and identified by the Applicant in the permit application under the requirements of subsection 9(B)(4) of this Chapter in a coordinated fashion. The coordinated process shall include consolidation of public hearings and the issuance of a joint decision on all applications for permits required by the Department.

C. Effect of Current Violation. The Department may not issue a mining permit if the Applicant or any person in a position to control the operations of the Applicant is in violation of any state or federal law, rule, permit, or order that the Department determines in the permit decision is relevant to the issuance of a mining permit, unless the person has corrected the violation or the person has agreed in a judicially enforceable document to correct the violation.

D. Effect of Compliance History. The Department may not issue a mining permit if the Applicant or any person in a position to control the operations of the Applicant has documented violation(s) of state or federal land use or environmental laws, or documented violations of land use or environmental laws of a foreign country, demonstrating that the Applicant would not be capable of complying with the terms and conditions of a mining permit

tment may not issue a mining permit if the Applicant or any person in a position to control the operations of the Applicant has documented violation(s) of state or federal land use or environmental laws, or documented violations of land use or environmental laws of a foreign country, demonstrating that the Applicant would not be capable of complying with the terms and conditions of a mining permit. An Applicant may present evidence of changed conditions or circumstances demonstrating the current ability to comply with all permit terms and conditions notwithstanding any prior violations. If that evidence is sufficient to warrant a finding by the Department that the Applicant is capable of compliance, the Department may issue a permit.

E. Effect of Financial Assurance Defaults. The Department may not issue a mining permit if the Applicant or any person in a position to control the operations of the Applicant has defaulted on or otherwise violated a financial assurance requirement including, but not limited to, a letter of credit, bond, trust fund, guarantee, or financial test.

12. Permit Conditions

Standard Conditions. The following standard conditions must be included in all mining permits.

(1) Relation of Permit to Application. The plans, specifications, descriptions, and other documentation submitted by the Permittee in support of the application, and approved by the Department in issuing the permit, constitute terms of the permit. Any variation or change in the plans, specifications, descriptions, or other documentation must be approved by the Department prior to implementation. Upon completion of any construction or alteration, the Permittee must submit to the Department a written certification by a qualified professional that the site has been constructed or altered in accordance with the terms of the permit.

the permit. Any variation or change in the plans, specifications, descriptions, or other documentation must be approved by the Department prior to implementation. Upon completion of any construction or alteration, the Permittee must submit to the Department a written certification by a qualified professional that the site has been constructed or altered in accordance with the terms of the permit.

(2) Duty to Comply. The Permittee must comply with all terms and conditions of the permit. Any noncompliance constitutes a violation of law and is grounds for enforcement action, permit suspension, or revocation.

(3) Duty to Halt or Reduce Activity. It is not a defense in an enforcement action that halting or reducing the permitted activity would have been necessary in order to maintain compliance with the conditions of the permit.

(4) Duty to Mitigate. The Permittee shall take all steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.

(5) Proper Operation and Maintenance. The Permittee shall at all times properly operate and maintain all facilities and systems which are installed or used by the Permittee to achieve compliance with the conditions of the permit.

(6) Permit Actions. The Department, after notice and an opportunity for a hearing as required under the Maine Administrative Procedure Act, 5 M.R.S. §§ 10003 & 10051 and 38 M.R.S. §342(11-B), may modify a permit or may act to suspend or revoke the permit. The Department may also modify a permit in response to an application for a modification filed by the Permittee. The filing of a request by the Permittee for a permit modification does not stay any permit condition

r a hearing as required under the Maine Administrative Procedure Act, 5 M.R.S. §§ 10003 & 10051 and 38 M.R.S. §342(11-B), may modify a permit or may act to suspend or revoke the permit. The Department may also modify a permit in response to an application for a modification filed by the Permittee. The filing of a request by the Permittee for a permit modification does not stay any permit condition. If the Department determines that a violation of the Mining Act, this Chapter, a Department Order or this permit is causing or resulting in imminent and substantial endangerment to the public health or safety, environment or natural resources, the Commissioner may issue an order requiring immediate suspension of mining activities, including the removal of metallic product from the site.

(7) Property Rights. The permit does not convey any sort of property right or exclusive privilege.

(8) Duty to Provide Information. The Permittee shall furnish any information which the Commissioner requests in order to determine whether cause exists for modifying, suspending, or revoking the permit or to determine compliance with the permit. The Permittee shall also, upon request, furnish to the Department copies of records required by law or by the permit to be kept by the Permittee, and not otherwise required to be filed with the Department. The information shall be submitted in accordance with the timeframe requested by the Commissioner.

(9) Monitoring Reports. All monitoring results shall be reported to the Department according to this Chapter, the mining permit, and the Act within 60 days of the sampling event unless an alternative time is requested or approved by the Department.

otherwise required to be filed with the Department. The information shall be submitted in accordance with the timeframe requested by the Commissioner.

(10) Noncompliance and Occurrence Reporting. The Permittee shall report to the Department any noncompliance, any unpermitted or otherwise unlawful release or discharge of pollutants including accidents and failures specified in the approved Contingency Plan. Information shall be provided in accordance with the approved Contingency Plan or, if not addressed in the Contingency Plan, orally within 2 hours of the time the Permittee becomes aware of the circumstances, and in writing within 5 working days. If the noncompliance, release or discharge of pollutants, or cause of fire or explosion has not been corrected, the anticipated time it is expected to continue must be given, together with the steps taken or planned to reduce, eliminate and prevent recurrence. The written submission must include the following:

(a) Name, address, and telephone number of the owner or operator;

(b) Name, address, and telephone number of the facility, if applicable;

(d) Name and quantity of any waste(s) involved;

(e) The extent of injuries, if any;

(f) An assessment of actual or potential hazards to the environment and human health inside and outside the site, when applicable; and

e, address, and telephone number of the owner or operator;

(b) Name, address, and telephone number of the facility, if applicable;

(d) Name and quantity of any waste(s) involved;

(e) The extent of injuries, if any;

(f) An assessment of actual or potential hazards to the environment and human health inside and outside the site, when applicable; and

(g) Estimated quantity and disposition of any pollutants released or discharged.

(11) Other Information. When the Permittee becomes aware that it has failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department including any sampling data evaluating the site, the Permittee shall promptly submit such facts or information to the Department.

(12) Signatory Requirement. All applications, reports, or information submitted to the Department shall be signed by a responsible officer. Such responsible officer shall make the following certification:

“I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I am aware there are significant penalties for submitting false information.”

(13) Construction/Operation within 4 Years. After publi

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.