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 672-13-01 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A.
Applicability
.
This Chapter applies to all exploration activity and all
				  mining activity, including advanced exploration, in the unorganized and
				  deorganized areas of the State.
B.
Definitions
.
As used in this Chapter, unless the context otherwise
				  indicates, the following terms have the following meanings:
1.
Advanced Exploration.
"Advanced exploration" or "advanced exploration activity" means any metallic
				mineral bulk sampling or exploratory activity that exceeds those activities
				that are exploration activities, but removes 10,000 tons or less of mine waste.
				Samples taken as part of "exploration" are not considered bulk
				sampling.
2.
Beneficiation.
"Beneficiation" means the treatment of ore to
				liberate or concentrate its valuable constituents. "Beneficiation" includes,
				but is not limited to, crushing, grinding, washing, dissolution,
				crystallization, filtration, sorting, sizing, drying, sintering, pelletizing,
				briquetting, calcining, roasting in preparation for leaching to produce a final
				or intermediate product that does not undergo further beneficiation or
				processing, gravity concentration, magnetic separation, electrostatic
				separation, flotation, ion exchange, solvent extraction, electrowinning,
				precipitation, amalgamation, and dump, vat, tank and in situ
				leaching.
3.
Bulk
				Sampling.
"Bulk sampling" means the removal of samples for the purpose
				of testing to determine the feasibility, method, or manner of extraction and/or
				processing of metallic minerals. Such testing may include milling or grinding
				tests, and/or pilot plant and processing tests. Methods of bulk sampling may
				include, but are not limited to, drilling and boring, digging of shafts and
				tunnels, or digging of pits and trenches. For purposes of this rule, bulk
				sampling of metallic mineral deposits is included in advanced exploration and
				is limited to the removal of no more than 10,000 tons of mine waste.
4.
Commission.
"Commission'
				means "the Maine Land Use Planning Commission" and, unless clearly stated
				otherwise or clearly evident from the context, includes Commission staff where,
				consistent with Chapter 3 of its rules, the Commission has delegated authority
				to its staff to act on behalf of the Commission.
5.
Department.
"Department"
				means the Maine Department of Environmental Protection.
6.
Director.
"Director" means
				the Director of the Maine Land Use Planning Commission.
7.
Drilling.
"Drilling" means
				the making of holes with a drill for exploration of a metallic mineral
				deposit.
8.
Drill
				Hole.
"Drill hole" means the cavity created by drilling.
9.
Exploration.
"Exploration" or
				"exploration activity" means activities conducted in accordance with this
				Chapter for the purpose of determining the location, extent and composition of
				metallic mineral deposits, test boring, test drilling, hand sampling, the
				digging of test pits, trenching or outcrop stripping for the removal of
				overburden having a maximum surface opening of 300 square feet per test pit or
				trench, or other test sampling methods determined by the Commission, in
				consultation with the Department, to cause minimal disturbance of soil and
				vegetative cover.
10.
Exploration Permit.
"Exploration permit" means a permit issued by
				the Commission pursuant to Chapter 10, Land Use Districts and Standards, and in
				accordance with Chapter 13, authorizing metallic mineral exploration
				activities.
11.
Exploration
				Site.
"Exploration site" means the area within which exploration or
				activities incidental thereto occur, or may reasonably be expected to
				occur.
12.
Groundwater.
"Groundwater" means all the waters found beneath the
				surface of the earth which are contained within or under this State or any
				portion thereof, except such waters as are confined and retained completely
				upon the property of one person and do not drain into or connect with any other
				waters of the State.
13.
Metallic Mineral.
"Metallic mineral" means any ore or material to
				be excavated from the natural deposits on or in the earth for its metallic
				mineral content to be used for commercial or industrial purposes. "Metallic
				mineral" does not include ores of thorium or uranium.
14.
Mine Waste.
"Mine waste"
				means all material, including, but not limited to, overburden, rock, lean ore,
				leached ore, or tailings, that in the process of mining and beneficiation has
				been exposed or removed from the earth during advanced exploration and mining
				activities.
15.
Mining.
"Mining," or "mining activity" means activities,
				facilities or processes necessary for the extraction or removal of metallic
				minerals or overburden or for the preparation, washing, cleaning or other
				treatment of metallic minerals and includes the bulk sampling, advanced
				exploration, extraction or beneficiation of metallic minerals as well as waste
				storage and other stockpiles and reclamation activities, but does not include
				exploration.
16.
Ore.
"Ore" means rock containing sufficient metallic mineralization to process using
				technologies that exist at the mining operation.
17.
Overburden.
"Overburden"
				means soil, rock, or other materials which lie above or between the natural
				mineral deposits to be mined.
18.
Person.
"Person" shall mean an individual, firm, association,
				organization, partnership, trust, company, corporation, state agency or other
				legal entity.
19.
Qualified
				Professional.
"Qualified professional" or "qualified person" means a
				scientist, engineer, or professional in a technical discipline with sufficient
				training and experience to enable the individual to make sound professional
				judgments regarding conducting technical analyses or regarding the design,
				construction, and operation of regulated units and ancillary structures who, if
				accreditation is the norm in the profession, is accredited in the State of
				Maine, or subject to review and approval by the Commission, is accredited in
				another jurisdiction.
20.
Reclamation.
"Reclamation" means the rehabilitation of the area of
				land affected by the exploration activities, including but not limited to, the
				stabilization of slopes and the creation of safety benches, the planting of
				vegetation including grasses, crops, shrubs, and/or trees, and the enhancement
				of wildlife and aquatic habitat and aquatic resources.
21.
Tailings.
"Tailings" means
				the product resulting from the milling and mineral concentration process
				remaining after extraction of minerals by physical or chemical means.
22.
Topsoil.
"Topsoil" means the
				material at the earth's surface which has been so modified and acted upon by
				physical, chemical, and biological agents that it will support rooted
				plants.