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 672-13-02 - EXPLORATION

Current through 2024-29, July 17, 2024
A.
Purpose of Exploration
				Requirements
.
The purpose of this subchapter is to establish procedures and
				  standards for exploration activities.
B.
Applicability of Exploration
				Requirements
.
This subchapter applies to any person proposing to conduct
				  metallic mineral exploration activities in the area served by the
				  Commission.
NOTE: Geophysical surveys are considered as exploration for
				  the purposes of this Chapter and the standards and submissions under Section
				  13.02,C, provided that they require some disturbance of soil or vegetation,
				  such as cutting or clearing of vegetation along a survey grid. Non-intrusive
				  methods, such as aeromagnetic surveys or other remote-sensing methods that do
				  not involve any disturbance of soil or vegetation are not considered part of
				  exploration for the purposes of this Chapter.
C.
Requirements for Exploration
				Activities
.
1.
Applicability of
				Standards.
The Commission's Chapter 10 rules identify in which
				subdistricts exploration is an allowed use. Where an allowed use, exploration
				is allowed without a permit subject to standards, allowed with a permit, or
				allowed with a permit upon obtaining special exception approval. To be allowed
				without a permit subject to standards, the person engaging in exploration must
				comply with the standards in Section 13.02,C,2, and not the standards in
				Section 10.27,C,1, of the Commission's Chapter 10 rules. Where exploration is
				allowed only after obtaining a permit, whether or not special exception
				approval is required, the person applying for a permit must demonstrate
				compliance with the standards in Section 13.02,C,2, and not the standards in
				Section 10.27,C,1, of the Commission's Chapter 10 rules. Notwithstanding the
				general requirement that a person engaging in exploration must comply with the
				standards in Section 13.02,C,2, exploration that would not comply with these
				standards may be allowed upon issuance of a permit from the Commission,
				provided that exploration is an allowed use in the subdistrict involved. An
				applicant for such a permit shall show by a preponderance of the evidence that
				the proposed activity, which is not in conformance with the standards in
				Section 13.02,C,2, shall be conducted in a manner that produces no undue
				adverse impact upon the resources and uses in the area.
2.
Standards.
Except as provided
				in Section 13.02,C,1, the following minimum standards must be met for
				exploration activities:
a. New access ways
				shall involve little or no recontouring of the land or ditching, and shall not
				include the addition of gravel or other surfacing materials. Clearing of the
				vegetative cover shall be limited to the minimum necessary to allow for the
				movement of equipment. Existing access ways shall be maintained to ensure that
				runoff is delivered immediately to stable ditches, if any, and vegetated buffer
				areas.
b. Access way approaches to
				stream channels shall be located and designed so as to divert water runoff from
				the way in order to prevent such runoff from directly entering the
				stream.
c. Erosion control measures
				must be implemented to prevent unreasonable erosion of soil or sediment beyond
				the exploration site or into sensitive areas such as slopes exceeding 15% and
				areas that drain directly into water bodies, drainage systems, water crossings,
				or wetlands; these measures must be in place before exploration activity, or
				related activities including, but not limited to, clearing and road
				construction, begins. Measures must remain in place and functional until the
				site is permanently stabilized. Adequate and timely temporary and permanent
				stabilization measures must be taken and the site must be maintained to prevent
				unreasonable erosion and sedimentation.
d. Exploration activities or associated
				access ways where the operation of machinery used in such activities results in
				the exposure of mineral soil, shall be located such that an unscarified filter
				strip of at least the width indicated below is retained between the exposed
				mineral soil and the normal high water mark of a flowing water, body of
				standing water, coastal wetland, or wetland identified as a P-WL1 subdistrict
				as defined in the Commission's Chapter 10 rules or identified on the
				Commission's official Land Use Guidance Maps:
Average Slope of Land Between Exposed Mineral
							 Soil and Normal High Water Mark
(Percent)
Width of Strip Between Exposed Mineral Soil and
							 Normal High Water Mark
(Feet Along Surface of the Ground)
0-29
75
30-39
85
40-49
105
50-59
125
60-69
145
70 or more
165
Table 13.02,C-1. Unscarified filter strip width requirements
				  for exposed mineral soil created by mineral exploration activities or
				  associated access ways.
The provisions of Section 13.02,C,2,d apply only on a face
				  sloping toward the water, provided, however, no portion of such exposed mineral
				  soil on a back face shall be closer than 75 feet; the provisions of Section
				  13.02,C,2,d do not apply where access ways cross such waters.
e. Except when surface waters are frozen,
				access ways for exploration activities shall not utilize stream channels
				bordered by P-SL2 Shoreland Protection Subdistricts except to cross the same by
				the shortest possible route. Unless culverts or bridges are installed in
				accordance with Sections 10.27,D,2 and 5 of the Commission's Chapter 10 rules
				such crossings shall only use channel beds which are composed of gravel, rock
				or similar hard surface which would not be eroded or otherwise
				damaged.
f. Topsoil which is
				stripped or removed must be stockpiled for use in reclaiming disturbed land
				areas. Soil stockpiles shall be seeded, mulched, and anchored or otherwise
				stabilized.
g. The exploration site
				shall be restored to a physical state that is similar to and compatible with
				that which existed prior to any exploration. Within 30 working days following
				completion of exploration at an exploration site, any person conducting
				exploration activities shall accomplish the following:
(1) Disposal of all debris in accordance with
				applicable state laws and regulations;
(2) Grading of the surface of the site so
				that the final graded slope conforms with the original contour of the land;
				and
(3) Placement of topsoil, and
				reseeding and stabilization of graded topsoil with vegetation native to the
				area. Any person conducting exploration activities shall follow the "Guidelines
				for Vegetative Stabilization," Appendix B of the Commission's Chapter 10
				rules.
h. Within 30
				working days after completion of exploration activities, all excavations
				including trenches, test pits, and mud pits shall be capped, refilled or
				secured. All settling ponds or sumps must be backfilled, covered with topsoil
				and seeded.
i. In accordance with
				the provisions of Section 10.26,G,5 of the Commission's Chapter 10 rules, drill
				pump stations may be located closer than the setbacks required for structures
				from waterbodies or wetlands in Section 10.26,D,2 of the Commission's Chapter
				10 rules, but at no time shall the drill pump station be located closer than 25
				feet to a waterbody or wetland identified as P-WL1.
j. All drill additives shall be non-toxic as
				indicated by the manufacturer's product publications, such as Safety Data
				Sheets, and biodegradable to the extent reasonably possible. Except for samples
				collected for exploration purposes, all drilling mud, water and other fluids,
				as well as waste cuttings must be confined to the drill site by the use of
				storage tanks or sumps. All excavation sites and resulting waste must be
				managed to ensure no untreated water is released to the environment and
				released volumes will not adversely impact existing stream flows.
k. Sealing of all drill holes, whether
				temporary or permanent, shall be completed within 30 days of cessation of
				drilling or testing activities such as "down-the-hole" geophysical surveys or
				other similar activities. All artesian wells shall be capped or sealed within
				48 hours after cessation of drilling or the onset of artesian conditions. No
				drill hole may be temporarily sealed for more than 3 years unless the drill
				hole is being used during the time it is temporarily sealed for sampling or
				other studies related to a mineral deposit or general hydrological conditions
				of the area. A drill hole that has remained temporarily sealed for more than 3
				years and is not being used for sampling or other studies shall be sealed
				permanently. All sealing activities shall be conducted according to the
				"Guidance for Well and Boring Abandonment," produced by the Department's Bureau
				of Remediation and Waste Management, Division of Technical Services, dated
				January 7, 2009.
l. All facilities
				and equipment shall be promptly removed from the exploration site when they are
				no longer needed for the exploration activity, or for any reclamation
				activities or monitoring required for the exploration activity. However, such
				facilities or equipment which are otherwise allowed under the Commission's
				rules, or that would be used for an advanced exploration or mining activity
				under review by the Department, may remain on site, provided that any required
				permits are obtained.
m. The
				Commission may enter any exploration site, take samples, and conduct tests in
				order to determine compliance with any provision of this Chapter or other
				applicable requirements. The Commission may require the submission of annual
				self-inspection reports, signed by a qualified professional on exploration
				activities conducted by the permittee.
n. Any person conducting exploration
				activities shall notify the Commission orally within 24 hours and in writing
				within 5 working days of any activity or occurrence during the course of
				exploration or reclamation which has the potential to damage public health or
				the environment.
3.
Submission Requirements
.
a. At
				least 30 days prior to commencing Level A Mineral Exploration drilling
				activities as defined in Chapter 10, Section 10.02, any Level B Mineral
				Exploration activities as defined in Chapter 10, Section 10.02, or when
				submitting an application for an exploration permit, a person planning such
				activity or filing an application shall submit a work plan to the Commission.
				The work plan shall be prepared and signed by a qualified professional and
				provide the following information, at a minimum:
(1) Documentation of the property boundaries,
				landowner information, and description of the area to be explored;
(2) Evidence of the person's title, right or
				interest for access to the area to be explored and to conduct exploration and
				restoration activities;
(3) A site
				plan showing the proposed access routes and exploration areas;
(4) Identification of any existing access
				ways, roads, or clearings;
(5) A
				site plan with wetlands or other sensitive environmental features
				identified;
(6) A sediment and
				erosion control plan, including a stormwater management plan for access roads,
				excavation and stockpile areas, and other areas affected by the
				activity;
(7) A description of
				proposed drilling and excavation activities and methods, including petroleum
				products and chemical handling procedures and spill management, estimated
				quantities of material that must be removed to obtain samples, and best
				management practices to be employed in conducting the exploration activities.
				If specified by the Commission, additional measures to protect the environment
				shall be adopted by the person engaged in exploration activities;
(8) A plan for backfill and restoration of
				exploration sites which will address subsidence, drill holes, structural
				safety, water management, restoration of disturbed areas including access
				roads, and the abatement of any physical hazards; and
(9) A site plan showing the exploration
				drilling area, maximum number of drill holes, and the maximum total drilling
				footage.
Submissions must be sufficient in detail to show the
				  standards of Section 13.02,C,2 will be met. In addition, site plans must be
				  submitted at a sufficient scale to allow for a meaningful review of existing
				  site conditions and the proposed exploration site layout, typically at a scale
				  of 1 inch to 100 feet or larger.
b. Within 60 days of the completion of the
				exploration activities, the person required to have submitted a work plan
				pursuant to Section 13.02,C,3,a above shall submit to the Commission a report,
				prepared and signed by a qualified professional, including:
(1) Documentation that all of the
				requirements of the restoration plan were completed, and
(2) The following information for each drill
				hole:
(a) Location and identification of the
				drill hole;
(b) Dimensions of the
				drill hole;
(c) Identification of
				depth, static elevation, and estimated flow of any groundwater encountered, if
				known; and
(d) Methods of sealing
				the drill hole, demonstrating compliance with Section 13.02,C,2,k.
c. Hand sampling
				activities (soil sampling with auger or shovel, stream sediment sampling and
				rock chip sampling) are exempt from the submission of an exploration work plan;
				however, these activities may require approval under other laws and regulations
				administered by the Commission.
4.
Permit Conditions.
Where an
				exploration permit is required, such a permit shall be subject to the
				following.
Noncompliance and Occurrence Reporting
. The
				  permittee shall provide notice to the Commission of any noncompliance; and to
				  the Department and the Commission of any unpermitted or otherwise unlawful
				  release or discharge of pollutants, fire or explosion at the site. Notice shall
				  be provided orally within 24 hours from the time the permittee becomes aware of
				  the circumstances, and in writing within 5 working days. If the noncompliance,
				  release or discharge of pollutants, or cause of fire or explosion has not been
				  corrected, the anticipated time it is expected to continue shall be given,
				  together with the steps taken or planned to reduce, eliminate and prevent
				  recurrence. This notice requirement does not supersede or replace any other
				  State or federal spill, release, or discharge reporting
				  requirement.