2.
Standards. Except as provided
in Section 13.02,C,1, the following minimum standards must be met for
exploration activities:
a. New access ways
shall involve little or no recontouring of the land or ditching, and shall not
include the addition of gravel or other surfacing materials. Clearing of the
vegetative cover shall be limited to the minimum necessary to allow for the
movement of equipment. Existing access ways shall be maintained to ensure that
runoff is delivered immediately to stable ditches, if any, and vegetated buffer
areas.
b. 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.
c. Erosion control measures
must be implemented to prevent unreasonable erosion of soil or sediment beyond
the exploration site or into sensitive areas such as slopes exceeding 15% and
areas that drain directly into water bodies, drainage systems, water crossings,
or wetlands; 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.
d. Exploration activities or associated
access ways where the operation of machinery used in such activities results in
the exposure of mineral soil, shall be located such that an unscarified filter
strip of at least the width indicated below is retained between the exposed
mineral soil and the normal high water mark of a flowing water, body of
standing water, coastal wetland, or wetland identified as a P-WL1 subdistrict
as defined in the Commission's Chapter 10 rules or identified on the
Commission's official Land Use Guidance Maps:
|
Average Slope of Land Between Exposed Mineral
Soil and Normal High Water Mark
(Percent) |
Width of Strip Between Exposed Mineral Soil and
Normal High Water Mark
(Feet Along Surface of the Ground) |
|
0-29 |
75 |
|
30-39 |
85 |
|
40-49 |
105 |
|
50-59 |
125 |
|
60-69 |
145 |
|
70 or more |
165 |
Table 13.02,C-1. Unscarified filter strip width requirements
for exposed mineral soil created by mineral exploration activities or
associated access ways.
The provisions of Section 13.02,C,2,d apply only on a face
sloping toward the water, provided, however, no portion of such exposed mineral
soil on a back face shall be closer than 75 feet; the provisions of Section
13.02,C,2,d do not apply where access ways cross such waters.
e. Except when surface waters are frozen,
access ways for exploration activities shall not utilize stream channels
bordered by P-SL2 Shoreland Protection Subdistricts except to cross the same by
the shortest possible route. Unless culverts or bridges are installed in
accordance with Sections 10.27,D,2 and 5 of the Commission's Chapter 10 rules
such crossings shall only use channel beds which are composed of gravel, rock
or similar hard surface which would not be eroded or otherwise
damaged.
f. 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.
g. 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:
(1) Disposal of all debris in accordance with
applicable state laws and regulations;
(2) Grading of the surface of the site so
that the final graded slope conforms with the original contour of the land;
and
(3) Placement of topsoil, and
reseeding and stabilization of graded topsoil with vegetation native to the
area. Any person conducting exploration activities shall follow the "Guidelines
for Vegetative Stabilization," Appendix B of the Commission's Chapter 10
rules.
h. Within 30
working days after completion of exploration activities, 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.
i. In accordance with
the provisions of Section 10.26,G,5 of the Commission's Chapter 10 rules, drill
pump stations may be located closer than the setbacks required for structures
from waterbodies or wetlands in Section 10.26,D,2 of the Commission's Chapter
10 rules, but at no time shall the drill pump station be located closer than 25
feet to a waterbody or wetland identified as P-WL1.
j. All drill additives shall be non-toxic as
indicated by the manufacturer's product publications, such as Safety Data
Sheets, and biodegradable to the extent reasonably possible. Except for samples
collected for exploration purposes, all drilling mud, water and other fluids,
as well as waste cuttings must be confined to the drill site by the use of
storage tanks or sumps. 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.
k. 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. All sealing activities shall be conducted according to the
"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.
l. All facilities
and equipment shall be promptly removed from the exploration site when they are
no longer needed for the exploration activity, or for any reclamation
activities or monitoring required for the exploration activity. However, such
facilities or equipment which are otherwise allowed under the Commission's
rules, or that would be used for an advanced exploration or mining activity
under review by the Department, may remain on site, provided that any required
permits are obtained.
m. The
Commission 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 Commission may require the submission of annual
self-inspection reports, signed by a qualified professional on exploration
activities conducted by the permittee.
n. Any person conducting exploration
activities shall notify the 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 has the potential to damage public health or
the environment.
3.
Submission Requirements.
a. At
least 30 days prior to commencing Level A Mineral Exploration drilling
activities as defined in Chapter 10, Section 10.02, any Level B Mineral
Exploration activities as defined in Chapter 10, Section 10.02, or when
submitting an application for an exploration permit, a person planning such
activity or filing an application shall submit a work plan to the Commission.
The work plan shall be prepared and signed by a qualified professional and
provide the following information, at a minimum:
(1) Documentation of the property boundaries,
landowner information, and description of the area to be explored;
(2) Evidence of the person's title, right or
interest for access to the area to be explored and to conduct exploration and
restoration activities;
(3) A site
plan showing the proposed access routes and exploration areas;
(4) Identification of any existing access
ways, roads, or clearings;
(5) A
site plan with wetlands or other sensitive environmental features
identified;
(6) A sediment and
erosion control plan, including a stormwater management plan for access roads,
excavation and stockpile areas, and other areas affected by the
activity;
(7) 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.
If specified by the Commission, additional measures to protect the environment
shall be adopted by the person engaged in exploration activities;
(8) 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
(9) A site plan showing the exploration
drilling area, maximum number of drill holes, and the maximum total drilling
footage.
Submissions must be sufficient in detail to show the
standards of Section 13.02,C,2 will be met. In addition, site plans must be
submitted at a sufficient scale to allow for a meaningful review of existing
site conditions and the proposed exploration site layout, typically at a scale
of 1 inch to 100 feet or larger.
b. Within 60 days of the completion of the
exploration activities, the person required to have submitted a work plan
pursuant to Section 13.02,C,3,a above shall submit to the Commission a report,
prepared and signed by a qualified professional, including:
(1) Documentation that all of the
requirements of the restoration plan were completed, and
(2) The following information for each drill
hole:
(a) Location and identification of the
drill hole;
(b) Dimensions of the
drill hole;
(c) Identification of
depth, static elevation, and estimated flow of any groundwater encountered, if
known; and
(d) Methods of sealing
the drill hole, demonstrating compliance with Section 13.02,C,2,k.
c. Hand sampling
activities (soil sampling with auger or shovel, stream sediment sampling and
rock chip sampling) are exempt from the submission of an exploration work plan;
however, these activities may require approval under other laws and regulations
administered by the Commission.
4.
Permit Conditions. Where an
exploration permit is required, such a permit shall be subject to the
following.
Noncompliance and Occurrence Reporting. The
permittee shall provide notice to the Commission of any noncompliance; and to
the Department and the Commission of any unpermitted or otherwise unlawful
release or discharge of pollutants, fire or explosion at the site. Notice shall
be provided orally within 24 hours from the time the permittee becomes aware of
the circumstances, and in writing within 5 working days. If the noncompliance,
release or discharge of pollutants, or cause of fire or explosion has not been
corrected, the anticipated time it is expected to continue shall be given,
together with the steps taken or planned to reduce, eliminate and prevent
recurrence. This notice requirement does not supersede or replace any other
State or federal spill, release, or discharge reporting
requirement.
