Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Goals.
Mining areas shall be sited to avoid conflicts with adjacent
noncompatible land uses.
Subp.
2.
Requirements; exclusion areas for mining.
No peat mining shall be conducted within any of the areas in
items A to I unless the commissioner determines that a state or national
emergency exists that would require the exploitation of the peat resources
within these areas:
A. in and within
one-fourth mile of:
(1) the Boundary Waters
Canoe Area Wilderness as legally described in Volume 45, No. 67, of the Federal
Register for April 4, 1980; and
(2)
national wilderness areas, national parks, and national monuments all as they
exist and are defined by law on August 5, 1985;
B. in and within one-fourth mile of state
wilderness areas and state parks;
C. within a national wild, scenic, or
recreational river district or within one-fourth mile of a national wild,
scenic, or recreational river (whichever is greater), all as they exist and are
defined by law on August 5, 1985; within a designated state land use district
or within one-fourth mile of any state wild, scenic, or recreational river
(whichever is greater);
D. on sites
designated in the National Register of Historic Places and in registered
national natural landmarks all as they exist and are defined by law on August
5, 1985; on sites designated in the state Registry of Historic Sites and in
designated state scientific and natural areas;
E. within 300 feet of:
(1) any state trout stream designated by
rule;
(2) any river listed in
Minnesota Statutes, section
85.32,
subdivision 1; and
(3) the Bois de
Sioux, Red River of the North, Roseau, Rainy, and Pigeon Rivers;
F. within 400 feet of any natural
watercourse located within the area defined by the federal
Shipsted-Newton-Nolan Act (United States Code, title 16, sections
577-577b);
G. within any stream
trout lake designated by rule;
H.
within the following areas that are in existence before the issuance of a
permit to mine:
(1) 500 feet of any occupied
dwelling, public school, church, public institution, cemetery, county or
municipal park, unless allowed by the owner; and
(2) 100 feet of the outside right-of-way line
of any public roadway, except where mine access or haul roads cross such
right-of-way line; and
I. within any area, except federal areas,
added to the categories listed in this subpart if the designation is made
before the issuance of a permit to mine the area, and an opportunity for a
public hearing has been afforded.
Subp. 3.
Requirements; avoidance areas
for mining.
Peat mining within the areas in items A to F will be allowed
only if the mining and associated reclamation will enhance the existing use of
the area; or, if no reasonable or prudent alternative exists and, in the case
of state-owned land, the affected area will be replaced by an area of equal or
greater public value serving the same purposes as the affected area:
A. On all lands within the boundaries of all
Peatland Protection Management Areas legally described in Peatland Reclamation
Report No. 1, Department of Natural Resources, December 1984, which is
incorporated by reference and which is available through the Minitex
Interlibrary Loan System. This document is not subject to frequent
change.
B. Within any national
wildlife refuge or waterfowl production area, or on lands designated as
national natural landmarks or national trails, all as they exist and are
defined by law on the August 5, 1985.
C. Within any state wildlife management area
and on any state designated trail listed in Minnesota Statutes, sections
84.029
and
85.015.
D. Within any shorelands defined in Minnesota
Statutes, section
103F.205.
E. Within any protected waters except as
provided in Minnesota Statutes, sections
103G.211
and
103G.221.
F. Within any area added to the categories
listed in this subpart, provided the designation is made before the issuance of
a permit to mine the area.
