Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Impacts from mining.
Wetlands must not be impacted as part of a project for which
a permit to mine is required by Minnesota Statutes, section
93.481, except as
approved by the commissioner. Impacts to wetlands that the landowner can
demonstrate, to the satisfaction of the local government unit, were created by
pits, stockpiles, or tailing basins, and by actions the purpose of which was
not to create the wetland according to part
8420.0105, subpart
2, item D, are not regulated
under this chapter.
Subp.
2.
Mining operations; post-July 1, 1993.
For mining operations that are permitted and initiated after
July 1, 1993:
A. mining must not be
conducted without first receiving a permit to mine issued under chapter 6130
for iron ore and taconite or chapter 6132 for nonferrous metallic minerals;
and
B. the mining and reclamation
operating plans or annual reports submitted by the applicant as required in the
permit to mine must include an approved wetland replacement plan that meets the
same principles and standards for replacing wetlands under parts
8420.0500 to
8420.0528 and provides for
construction certification and monitoring according to parts
8420.0800 and
8420.0810.
Subp. 3.
Mining operations; pre-July 1,
1993.
For mining operations in existence before July 1, 1993, and
operated on or after that date under a permit to mine issued under chapter 6130
for iron ore and taconite or chapter 6132 for nonferrous metallic
minerals:
A. wetlands for which
impacts were approved but not initiated before July 1, 1993, must not be
impacted until the operating plan or annual report as required in the permit to
mine includes an approved wetland replacement plan for the undisturbed
wetlands. The wetland replacement plan must meet the same principles and
standards for replacing wetlands under parts
8420.0500 to
8420.0528 and provide for
construction certification and monitoring according to parts
8420.0800 and
8420.0810;
B. for filling activities that were approved
and initiated before July 1, 1993, placement of fill atop a stockpile, roadway,
or other mining-related facility that occupies a wetland filled before July 1,
1993, is allowed to continue within the areal extent, as it existed on July 1,
1993, of the stockpile, roadway, or other mining-related facility without the
requirement of a replacement plan or amendment of the permit to mine. An
expansion of the areal extent of the fill in the wetland requires an approved
replacement plan in the operating plan or annual report as required in the
permit to mine, according to item A; and
C. for draining activities that were approved
and initiated before July 1, 1993, draining of a wetland to facilitate mining,
using ditches and other drainage facilities that existed on July 1, 1993, is
allowed to continue without the requirement of a replacement plan or amendment
of the permit to mine. Maintenance of the ditches and structures are allowed
without the requirement of a replacement plan or amendment of the permit to
mine, provided that as a result of the maintenance, wetlands are not drained
beyond the extent that existed as of July 1, 1993. Otherwise, the permit to
mine must be amended to provide for replacement according to item A.
Subp. 4.
Applicability.
A. Replacement
wetlands approved under this part must only be used for mining-related impacts
covered under a permit to mine unless the credits are approved and deposited in
the state wetland bank according to parts
8420.0700 to
8420.0755.
B. Applicable procedures are those required
for permits to mine.
C. This part
does not apply to peat mining as defined under Minnesota Statutes, section
93.461,
that is subject to the mine permit and reclamation requirements under Minnesota
Statutes, sections
93.44 to
93.51,
and the rules adopted thereunder.
Statutory Authority: MS s
103G.2242
