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 672-13-03 - REQUESTS FOR CERTIFICATION OF ADVANCED EXPLORATION AND MINING

Current through 2024-29, July 17, 2024
A.
Certification of Metallic Mineral
				Mining
.
Pursuant to
				  12 M.R.S.
				  §685-B(1-A) (B-2) and
				  38
				  M.R.S. §490-NN(2), the
				  Commission certifies metallic mineral mining and advanced exploration permitted
				  by the Department. For the purposes of this subchapter, the term mining permit
				  shall be considered to include both permits to mine and permits for advanced
				  exploration, unless expressly indicated otherwise. All Commission certification
				  determinations will conform with the following:
1. The Commission will consider receipt, by
				the Commission, of a notice of intent to mine and develop and a map indicating
				the location of the proposed mining and development, required by
				12 M.R.S.
				§685-B(1-A) (B-2), as a
				request for certification. The notice and map may be provided by the person
				proposing mining and development directly to the Commission or to the
				Department for the Department to provide to the
				Commission.1
2. A Commission certification determination
				will be issued solely to the Department for inclusion in the Department's
				mining permitting decision.
3. A
				Commission determination to approve a request for certification may include
				reasonable terms and conditions that the Commission determines appropriate in
				order to fulfill the requirements and intent of the Commission's statute,
				rules, and plans. After the inclusion of the certification determination in the
				Department's mining permitting decision, the Commission retains, pursuant to
				12 M.R.S.
				§685-B(1-A) (B-2), the
				authority to enforce the land use standards certified to the Department,
				including through the enforcement of terms and conditions that are a part of a
				certification determination.
4. The
				Commission may conduct its certification review and issue its determination as
				a single certification determination or in two parts. If provided in two parts,
				the first part will include a determination of whether to certify that the
				proposed mining and development is an allowed use within the subdistrict or
				subdistricts for which it is proposed. The second part will include a
				determination of whether to certify that the proposed mining and development
				meets the land use standards established by the Commission that are not
				considered in the Department's review.
5. The Commission will not independently
				evaluate title, right, or interest and shall condition any certification on the
				Department finding, in its permit review, that the person requesting
				certification has the necessary title, right or interest.
6. A Commission determination to approve a
				request for certification, or to deny a request for certification when the
				request is associated with a proposal being reviewed by the Department as part
				of a mining permit application that is pending at the time of the
				determination, is not final agency action. Pursuant to
				5 M.R.S. §§
											11001 et seq., a person aggrieved by a
				Department mining permit decision containing a certification determination may
				appeal the Department's final agency action to state court in accordance with
				applicable state laws and court rules. As part of such an appeal, a person
				aggrieved may seek judicial review of any of the components of the Department's
				final agency action, including the Commission's certification determination
				that is incorporated into the Department's permitting decision.
7. A Commission determination to deny a
				request for certification, when the request is not associated with a proposal
				being reviewed by the Department as part of a mine permit application that is
				pending at the time of the determination, is final agency action subject to
				judicial review in state court by a person aggrieved in accordance with
				applicable state laws and court rules.
8. If a mine permittee submits a request to
				amend or revise its mining permit to the Department, the permittee shall
				provide the Commission a copy of the permit amendment or minor revision
				documentation provided to the Department. Within 15 days of receiving a copy of
				these materials, the Commission shall determine whether a certification
				amendment is required or request additional information needed to make this
				determination. Modifications proposed by the permittee that the Commission
				determines would alter any finding or the basis for any finding in the existing
				certification will trigger the need for an amended certification. The
				Commission will process a request for a certification amendment in the same
				manner as a request for certification.