Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission)
Chapter 13 - Metallic Mineral Exploration, and Mining Certifications
Section 672-13-01 - GENERAL PROVISIONS
Universal Citation: 01 ME Code Rules ยง 672-13-01
Current through 2024-38, September 18, 2024
A. Applicability.
This Chapter applies to all exploration activity and all mining activity, including advanced exploration, in the unorganized and deorganized areas of the State.
B. Definitions.
As used in this Chapter, unless the context otherwise indicates, the following terms have the following meanings:
1.
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.
2.
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.
3.
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 rule, 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.
4.
Commission. "Commission'
means "the Maine Land Use Planning Commission" and, unless clearly stated
otherwise or clearly evident from the context, includes Commission staff where,
consistent with Chapter 3 of its rules, the Commission has delegated authority
to its staff to act on behalf of the Commission.
5.
Department. "Department"
means the Maine Department of Environmental Protection.
6.
Director. "Director" means
the Director of the Maine Land Use Planning Commission.
7.
Drilling. "Drilling" means
the making of holes with a drill for exploration of a metallic mineral
deposit.
8.
Drill
Hole. "Drill hole" means the cavity created by drilling.
9.
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 Commission, in
consultation with the Department, to cause minimal disturbance of soil and
vegetative cover.
10.
Exploration Permit. "Exploration permit" means a permit issued by
the Commission pursuant to Chapter 10, Land Use Districts and Standards, and in
accordance with Chapter 13, authorizing metallic mineral exploration
activities.
11.
Exploration
Site. "Exploration site" means the area within which exploration or
activities incidental thereto occur, or may reasonably be expected to
occur.
12.
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.
13.
Metallic Mineral. "Metallic mineral" means any ore or material to
be excavated from the natural deposits on or in the earth for its metallic
mineral content to be used for commercial or industrial purposes. "Metallic
mineral" does not include ores of thorium or uranium.
14.
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.
15.
Mining. "Mining," 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.
16.
Ore.
"Ore" means rock containing sufficient metallic mineralization to process using
technologies that exist at the mining operation.
17.
Overburden. "Overburden"
means soil, rock, or other materials which lie above or between the natural
mineral deposits to be mined.
18.
Person. "Person" shall mean an individual, firm, association,
organization, partnership, trust, company, corporation, state agency or other
legal entity.
19.
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 Commission, is accredited in
another jurisdiction.
20.
Reclamation. "Reclamation" means the rehabilitation of the area of
land affected by the exploration activities, including but not limited to, the
stabilization of slopes and the creation of safety benches, the planting of
vegetation including grasses, crops, shrubs, and/or trees, and the enhancement
of wildlife and aquatic habitat and aquatic resources.
21.
Tailings. "Tailings" means
the product resulting from the milling and mineral concentration process
remaining after extraction of minerals by physical or chemical means.
22.
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.
C. Prohibition.
It shall be unlawful for any person to engage in any exploration or mining activity, including advanced exploration, or to initiate construction in preparation for conducting these activities, except as authorized pursuant to this Chapter.
D. Relation to Other Rules.
This Chapter is intended to supplement rules administered by the Commission. No activity described in this Chapter is exempt from a requirement contained in any Commission rule unless such requirement, and rule, is specifically cited and described as inapplicable.
1.
Obligation to Comply.
Compliance with the provisions of this Chapter, or an exploration permit or
certification determination issued in accordance with this Chapter does not
relieve a person of the obligation to comply with all other applicable state or
federal statutes or regulations, including but not limited to, the regulations
for air emissions, waste discharges, solid and hazardous waste management,
underground oil storage facilities, oil discharge pollution prevention measures
and facilities, and waste oil.
2.
Other Permits. Depending upon the location, type and extent of
activity, a permit may be required under other rules or statutes. Persons
seeking to conduct exploration or mining activities should check with the
appropriate agencies, including the Department and the Maine Geological Survey
to determine applicable requirements.
E. Relation to Chapter 10.
The Commission's Chapter 10 rules, Land Use Districts and Standards, establishes in which subdistricts exploration activities and mining activities, including advanced exploration, are an allowed use. Chapter 10 categorizes exploration and advanced exploration activities as falling into one of the following three use listings: Level A Mineral Exploration Activities, Level B Mineral Exploration Activities, and Metallic Mineral Mining Activity, Tier One Advanced Exploration. Level A Mineral Exploration Activities, and Level B Mineral Exploration Activities are subject to Section 13.02. Tier One Advanced Exploration, as well as other mining activities, is subject to Section 13.03.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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