Section 672-13-02 - EXPLORATIONA.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.
01- 672 C.M.R. ch. 13, § 02