Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 3 - PERMITS › Section 096-200-3-11 - Criteria for Mining Permit Approval

Current through 2024-29, July 17, 2024
A person may not engage in metallic mineral mining except
					 as authorized in a mining permit issued by the Department.
A.
Permit Approval.
The
				  Department shall issue a mining permit whenever it finds the following:
(1) The Applicant has the authority and
				  technical ability to develop the proposed mine in a manner consistent with
				  applicable state environmental standards and with the provisions of this
				  Chapter and the Act.
(2) The
				  Applicant has demonstrated that its proposed mining operation meets the
				  requirements of all of the following:
(a) The
				  Applicant has made adequate provisions for fitting the mining operation
				  harmoniously into the existing natural environment, and the development will
				  not unreasonably adversely affect existing uses, scenic character, air quality,
				  water quality or other natural resources;
(b) The mining operation is located on soil
				  and rock types and geological structures that are suitable to the nature of the
				  mining operation;
(c) There is a
				  reasonable assurance the mining operation will not violate applicable surface
				  water quality standards. Notwithstanding
				  38 M.R.S.
				  §§465-C and
				  470, contamination of groundwater
				  from activities permitted under this Chapter may occur within a mining area,
				  but such contamination must be limited and may not result in:
(i) Contamination of groundwater beyond the
				  mining area;
(ii) Contamination of
				  groundwater within the mining area that exceeds applicable water quality
				  criteria for pollutants other than pH or metals;
(iii) Contamination of groundwater within the
				  mining area due to pH or metals that exceeds limits set forth in the mining
				  permit by the Department based on site-specific geologic and hydrologic
				  characteristics;
(iv) Any violation
				  of surface water quality standards under
				  38 M.R.S.
				  §413 or Title 38 Chapter 3, Subchapter
				  1, Article 4-A (Water Classification Program); or
(v) If groundwater or surface water quality
				  within the mining area prior to the commencement of any mining activity exceeds
				  applicable water quality standards, further degradation of such groundwater or
				  surface water quality.
In determining compliance with this standard, the
					 Department shall require groundwater monitoring consistent with the standards
					 established pursuant to
					 38 M.R.S.
					 §490-OO(3) and section
					 22 of this Chapter.
Notwithstanding subsection 2(NNN) of this Chapter, for the
					 purposes of this subsection "mining area" means an area of land, approved by
					 the Department and set forth in the mining permit, not to exceed 100 feet in
					 any direction from a mine shaft, surface pit or surface excavation, and does
					 not include the following lands, regardless of the distance of such land from a
					 mine shaft, surface pit or surface excavation: the land on which material from
					 mining is stored or deposited; the land on which beneficiating or treatment
					 facilities are located; the land on which groundwater and surface water
					 management systems are located or the land on which water reservoirs used in a
					 mining operation are located;
(d) The mining operation will not result in a
				  direct or indirect discharge that, either by itself or in combination with
				  other discharges, will cause or contribute to nonattainment of applicable
				  surface water quality standards under the Water Classification Program, 38
				  M.R.S. §§ 464-469;
(e)
				  The mining operation will not result in a direct or indirect discharge that,
				  either by itself or in combination with other discharges, will cause or
				  contribute to nonattainment of groundwater standards outside the mining areas
				  under the Water Classification Program,
				  38 M.R.S.
				  §§464,
				  465-C and
				  470;
(f) Withdrawals of groundwater and surface
				  water related to the mining operation will comply with the Water Withdrawal
				  Reporting Program,
				  38 M.R.S.
				  §470-A
et seq
. and
				  06-096 C.M.R. ch. 587;
(g) The
				  Applicant has made adequate provisions for utilities, water supplies,
				  wastewater treatment facilities and solid waste disposal required for the
				  mining operation, and the mining operation will not have an unreasonable
				  adverse effect on the existing or proposed utilities in a municipality or area
				  served by those services;
(h) The
				  mining operation will not unreasonably cause or increase flooding of the area
				  that is altered by the mining operation or adjacent properties or create an
				  unreasonable flood hazard to any structure. Mining operations involving the
				  removal of metallic minerals, the storage of metallic minerals or mine waste,
				  the processing of metallic minerals, or the treatment of mine waste may not be
				  placed in or on floodplains or flood hazard areas;
(i) The Applicant has made adequate provision
				  for protection of public health and safety;
(j) The mining operation will not use heap,
				  percolation leaching, in-situ leaching, or block caving;
(k) The mining operation meets the
				  performance standards of this Chapter;
(l) The Applicant has demonstrated a
				  reasonable assurance of being able to meet all terms and conditions specified
				  by the Department in a mining permit;
(m) The Applicant has demonstrated that there
				  is reasonable assurance that public and private water supplies will not be
				  affected by the mining operation.;
(n) No part of the mining operation will be
				  located wholly or partially in, on or under any state land listed in
				  12 M.R.S.
				  §549-B(7)
				  (C-1);
(o) The mining operation
				  will not remove metallic minerals in, on or from a river, stream or brook, as
				  defined in
				  38 M.R.S.
				  §480-B(9); a great
				  pond, as defined in
				  38 M.R.S.
				  §480-B(5); a freshwater
				  wetland, as defined in
				  38 M.R.S.
				  §480-B(4); or a coastal
				  wetland, as defined in
				  38 M.R.S.
				  §480-B(2) is
				  prohibited;
(p) The mining
				  operation will not involve placement of a mine shaft in, on or under a
				  significant river segment, as identified in
				  38 M.R.S.
				  §437; an outstanding river segment, as
				  identified in
				  38 M.R.S.
				  §480-P; an outstanding river, as
				  identified in
				  12 M.R.S.
				  §403; a high or moderate value waterfowl
				  and wading bird habitat that is a significant wildlife habitat pursuant to
				  38 M.R.S.
				  §480-B(10)(B)(2); a
				  great pond, as defined in
				  38 M.R.S.
				  §480-B(5); or a coastal
				  wetland as defined in
				  38 M.R.S.
				  §480-B(2);
(q) The mining operation will use dry stack
				  tailings management and will not use wet mine waste units or tailings
				  impoundments for the management of mine waste and tailings, except that the
				  mining operation may involve the placement into a mine shaft of waste rock that
				  is neutralized or otherwise treated to prevent contamination of groundwater or
				  surface water;
(r) The mining
				  operation will not use open-pit mining; and
(s) The financial assurance required pursuant
				  to 38
				  M.R.S. §490-RR and section 17 of this
				  Chapter has been posted and fully funded.