Section 672-13-01 - GENERAL PROVISIONSA.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.C.Prohibition. It shall be unlawful for any person to engage in any exploration or mining activity, including advanced exploration, or to initiate construction in preparation for conducting these activities, except as authorized pursuant to this Chapter.
D.Relation to Other Rules. This Chapter is intended to supplement rules administered by the Commission. No activity described in this Chapter is exempt from a requirement contained in any Commission rule unless such requirement, and rule, is specifically cited and described as inapplicable.
1.Obligation to Comply. Compliance with the provisions of this Chapter, or an exploration permit or certification determination issued in accordance with this Chapter does not relieve a person of the obligation to comply with all other applicable state or federal statutes or regulations, including but not limited to, the regulations for air emissions, waste discharges, solid and hazardous waste management, underground oil storage facilities, oil discharge pollution prevention measures and facilities, and waste oil.2.Other Permits. Depending upon the location, type and extent of activity, a permit may be required under other rules or statutes. Persons seeking to conduct exploration or mining activities should check with the appropriate agencies, including the Department and the Maine Geological Survey to determine applicable requirements.E.Relation to Chapter 10. The Commission's Chapter 10 rules, Land Use Districts and Standards, establishes in which subdistricts exploration activities and mining activities, including advanced exploration, are an allowed use. Chapter 10 categorizes exploration and advanced exploration activities as falling into one of the following three use listings: Level A Mineral Exploration Activities, Level B Mineral Exploration Activities, and Metallic Mineral Mining Activity, Tier One Advanced Exploration. Level A Mineral Exploration Activities, and Level B Mineral Exploration Activities are subject to Section 13.02. Tier One Advanced Exploration, as well as other mining activities, is subject to Section 13.03.
01- 672 C.M.R. ch. 13, § 01