Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Goals.
It is the goal of the department to ensure that alterations
of public waters for mining or reclamation of mining areas will minimize
adverse environmental effects, preserve water resources to the maximum extent
feasible and practical, and encourage the planning of future land and water
utilization while at the same time promoting the orderly development of mining
and the use of sound mining practices.
Subp. 2.
Scope.
Mining activities which may involve alterations of public
waters include the mining of metallic minerals including but not limited to
iron ore, taconite, copper, copper-nickel, nickel, cobalt, and gold; and the
mining of nonmetallic minerals including but not limited to sand and gravel,
stone, clay, marl, oil, gas, and coal; and the mining of peat.
Subp. 3.
Permits required
for alterations of public waters.
Permits are required for any alterations of public waters to
facilitate mining of iron ore, taconite, copper, copper-nickel, or nickel
minerals or reclamation of mining areas provided that:
A. permits to mine are obtained when required
by Minnesota Statutes, sections
93.44 to
93.51;
and
B. permits for alterations in
public waters shall be granted according to Minnesota Statutes, section
103G.297.
Applications for permits for alterations in public waters shall include an
analysis showing why underground mining without drainage, diversion, or control
of public waters is not feasible or economical.
Subp. 4.
Permit required for mining of
certain minerals and peat.
Permits are required for mining of nonmetallic minerals,
peat, and other metallic minerals not regulated in Minnesota Statutes, section
103G.297,
or reclamation of mining areas and shall be granted if the applicant provides
evidence that:
A. there is no other
feasible and practical location for the proposed mining activity;
B. there is no other feasible or economical
method to mine except by draining, diverting, or controlling the public
waters;
C. the proposed alteration
of public waters is necessary and no other feasible and economical method for
it is reasonably available;
D. the
proposed alteration of public waters will not substantially impair the
interests of the public in lands or waters or the substantial beneficial public
use thereof, except as expressly authorized in the permit, and will not
endanger public health or safety;
E. the proposed mining operations will be in
the public interest and that the public benefits resulting from it will be
sufficient to warrant the proposed alteration of public waters;
F. the activities represent the minimal
impact solution with respect to watershed modifications, watercourse diversions
or changes, drainage, runoff and seepage management, and avoidance of major
adverse changes in the ecosystem of public waters having substantial public
value;
G. whenever public
watercourses must be diverted or changed to facilitate mining, the design and
construction of the diversion or change shall provide for:
(1) maintenance of adequate flows and levels
in order to protect instream flows and prevent downstream flooding;
(2) measures to prevent bank erosion and
sedimentation in order to protect water quality; and
(3) details on the location, relocation, and
utilization of the watercourse after cessation of mining;
H. whenever public waterbasins and public
water wetlands are allowed to be drained to facilitate mining, and such
drainage is justified and legally permitted, compensation for the loss of the
basin is provided for by either:
(1)
immediate replacement of the public waterbasins and public water wetlands with
waters of equal or greater value; or
(2) submission of acceptable plans for the
eventual replacement of the public waterbasins and public water wetlands with
waters of equal or greater value upon cessation of mining activities;
and
I. whenever a water
impoundment is necessary and justified to facilitate mining, the design,
construction, operation, and maintenance of the impoundment structure shall:
(1) meet the applicable requirements of parts
6115.0300 to 6115.0520 pertaining to dam safety;
(2) provide hydrologic and hydraulic measures
to ensure that any public waters downstream of the impoundment area are
adequately protected with respect to maintenance of water quantity and quality
and prevention of flooding; and
(3)
include plans detailing the disposition and utilization of the impoundment area
after cessation of mining activities.
Subp. 5.
Compensatory measures for
detrimental aspects of mining.
Whenever metallic, nonmetallic, and peat mining activities in
the beds of public waters will result in detrimental effects on the physical
and biological character of public waters, measures to compensate for the
detrimental aspects shall be required in the permit conditions.
