# 06-096 Ch. 200: Ch. 200: Metallic Mineral Exploration, Advanced Exploration and Mining

> Maine · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_200

## Section

- **Citation:** 06-096 Ch. 200
- **Heading:** Ch. 200: Metallic Mineral Exploration, Advanced Exploration and Mining
- **Jurisdiction:** Maine
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Maine Rules / 06-096 Department of Environmental Protection - General / Ch. 200

## 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
17
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
27
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.
E
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.
K
ffect, 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.
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.
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. “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.
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. “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.
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:
(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.
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. “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.
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
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.
B
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
C
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.
______________________________________________________________________________
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
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.
(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.
(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
(c)	Placement of topsoil and reseeding and stabilization of graded topsoil with vegetation native to the area.
(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).
(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
(c) Facilitate future mining and restoration operations by the person conducting
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;
(c)	A site plan showing the proposed access routes and exploration areas;
(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;
(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;
(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;
(C)	Discussion of the metallic mineral deposit including mineralogic and chemical nature of the ore and waste rock;
(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;
(C)	Discussion of the metallic mineral deposit including mineralogic and chemical nature of the ore and waste rock;
(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;
(c) Evidence of title, right, or interest in all of the property that is proposed for development or use;
(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) 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:
(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.
(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.
(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.
(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;
(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;
(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;
(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
(c)	A summary of the mine plan.
(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;
(c)	Visual resources;
(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;
(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:
(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.
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.
(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:
(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;
(c) Fuel storage and distribution;
(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;
(c) If evacuation of the public is necessary, the procedure for conducting the evacuation;
(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) De

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## Nearby sections

- [06-096 Ch. 2 Ch. 2: Processing of Applications and Other Administrative Matters](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_2.md)
- [06-096 Ch. 3 Ch. 3: Rules Concerning the Conduct of Licensing Hearings](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_3.md)
- [06-096 Ch. 4 Ch. 4: Rule Governing Hearings on Appeals of Certain Emergency or Administrative Commissioner Orders](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_4.md)
- [06-096 Ch. 40 Ch. 40: Conduct of Enforcement Hearings](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_40.md)
- [06-096 Ch. 80 Ch. 80: Reduction of Toxics in Packaging](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_80.md)
- [06-096 Ch. 82 Ch. 82: Priority Toxic Chemical Reporting and Pollution Prevention Planning](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_82.md)
- [06-096 Ch. 90 Ch. 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_90.md)
- [06-096 Ch. 100 Ch. 100: Definitions Regulation](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_100.md)
- [06-096 Ch. 101 Ch. 101: Visible Emissions Regulation](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_101.md)
- [06-096 Ch. 109 Ch. 109: Emergency Episode Regulations](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_109.md)
- [06-096 Ch. 110 Ch. 110: Ambient Air Quality Standards](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_110.md)
- [06-096 Ch. 111 Ch. 111: Petroleum Liquid Storage Vapor Control](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_111.md)
- [06-096 Ch. 112 Ch. 112: Bulk Terminal Petroleum Liquid Transfer Requirements](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_112.md)
- [06-096 Ch. 113 Ch. 113: Growth Offset Regulation](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_113.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_200. Check the current official text before relying on it. Not legal advice.