06-096-200 Me. Code R. § 2-7

Current through 2024-51, December 18, 2024

Section 096-200-2-7 - Exploration Activities

A mining permit is not required for exploration under this Chapter, however, the submittal of an exploration work plan is required under section 7(C)(1) prior to initiating any activities at an exploration site within the organized areas of the State. The exploration work plan must contain the submission requirements listed in subsection 7(C) of this Chapter.

NOTE: Geophysical surveys are considered exploration for the purposes of this Chapter and the submissions and standards under section 7 of this Chapter if they involve 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 exploration for the purposes of this Chapter. The submission of an exploration work plan is not required for hand sampling activities (soil sampling with auger or shovel, stream sediment sampling, and rock chip sampling); however, these activities may require approval under other laws and regulations administered by the Department (e.g., the Natural Resource Protection Act, 38 M.R.S. §480-C).

NOTE: Persons seeking to conduct exploration activities in the unorganized or deorganized areas of the State should contact the Maine Land Use Planning Commission.

A.Other Applicable Permit Requirements. Depending upon the location, type and extent of activity, a permit may be required under other statutes or rules of the Department and the Maine Geological Survey. Persons seeking to conduct exploration activities should check with the appropriate agencies to determine applicable requirements. Requirements for exploration activities may include, but are not limited to, the following:

(1) Bureau of Resource Information and Land Use Planning. See Mining on State Lands, 12 M.R.S. §549, et seq.; and

(2) Natural Resources Protection Act Permit. See Natural Resources Protection Act, 38 M.R.S. §480-A, et seq.

B.Standards. The following minimum standards must be met for exploration activities in the organized areas of the State:

(1) Existing access ways shall be maintained to ensure that runoff is delivered immediately to stable ditches and vegetated buffer areas. Clearing of the vegetative cover shall be limited to the minimum necessary to allow for the movement of equipment.

(2) 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. With the exception of crossings, an undisturbed buffer strip of at least 75 feet must be maintained between access ways and streams.

(3) Erosion control measures must be implemented to prevent unreasonable erosion of soil or sediment beyond the exploration site or into a protected natural resource as defined in 38 M.R.S. §480-B; 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.

(4) For stream crossings and activities involving the disturbance of soil adjacent to a wetland or water body in organized areas, a permit under the Natural Resources Protection Act may be required. See 38 M.R.S. §480-C and the Department's Permit by Rule Standards, 06-096 C.M.R. ch. 305, §10.

(5) 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.

(6) 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:

(a) Disposal of all debris in accordance with applicable state laws and regulations;

(b) Grading of the surface of the site so that the final graded slope conforms with the original contour of the land; and

(c) Placement of topsoil and reseeding and stabilization of graded topsoil with vegetation native to the area.

(7) Within 30 working days after completion of exploration, 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.

(8) Drill pump stations must be located at least 25 feet from a river, stream, brook, great pond, or an area of open water of one-half acre or more within a freshwater wetland.

(9) All drill additives should be non-toxic as indicated by the manufacturer's product publications, such as Safety Data Sheets, and biodegradable to the extent reasonably possible. Drill fluids, additives and cuttings may not be released and must be confined to the drill site by the use of storage tanks or sumps unless an alternative disposal method is approved by the Department. 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. The discharge of pollutants to surface and groundwater during exploratory mining is prohibited without prior approval pursuant to 38 M.R.S. §413.

(10) No bulk sampling may take place under an exploration work plan.

(11) 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.

NOTE: For guidance on sealing drill holes, see "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.

(a) Within 30 working days after permanent sealing of a drill hole, any person conducting exploration activities shall submit to the Department a report including, but not limited to, the following information for each drill hole:

(i) Location and identification of the drill hole;

(ii) Dimensions of the drill hole;

(iii) Identification of depth, static elevation, and estimated flow of any groundwater encountered, if known; and

(iv) Methods of sealing the drill hole, demonstrating compliance with subsection 7(B) (11).

(12) All facilities and equipment shall be promptly removed from the exploration site when they are no longer needed for exploration, except for those facilities and equipment which the Department has determined may remain on-site in order to:

(a) Provide additional environmental quality data;

(b) Detect, reduce or control the onsite or offsite effects of the exploration activities; or

(c) Facilitate future mining and restoration operations by the person conducting the exploration, under a work plan described in subsection 7(C) below.

(13) The Department 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 Department may require the submission of annual self-inspection reports, signed by a qualified professional, on exploration activities conducted by the Permittee.

(14) Any person conducting exploration activities shall notify the Department and/or the Land Use Planning 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 results in a discharge or has the potential to damage public health or the environment.

NOTE: Other reporting requirements may exist under federal laws and the laws administered by the Department of Environmental Protection and the Land Use Planning Commission. For oil spills, call 1-800-482-0777 which is available 24 hours a day. For spills of toxic or hazardous material, call 1-800-452-4664 which is available 24 hours a day. For more information, visit the Department's website at: http://www.maine.gov/dep/spills/emergspillresp/

(15) Beneficiation is prohibited under an exploration work plan.

C.Submission Requirements.

(1) At least 30 days prior to the commencement of any exploration activities, an exploration work plan shall be submitted to the Department on forms provided by the Department, prepared and signed by a qualified professional, which provides the following information, at a minimum:

(a) Documentation of the property boundaries, landowner information, and description of the area to be explored;

(b) Evidence of the applicant's title, right, or interest in the pertinent property for access to the area to be explored and to conduct exploration activities and restoration;

(c) A site plan showing the proposed access routes and exploration areas;

(d) Identification of any existing roads or clearings;

(e) A site plan with wetlands or other protected natural resources as defined under the Natural Resources Protection Act and other sensitive environmental features identified;

(f) A sediment and erosion control plan, including a stormwater management plan consistent with the Department's standards for stormwater management for access roads, excavation and stockpile areas, and other areas affected by the activity;

(g) 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;

(h) 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

(i) A plan showing the exploration drilling area, maximum number of drill holes, and the maximum total linear drilling footage.

(2) Within 60 days of the completion of the exploration activities the Applicant shall submit a report, prepared and signed by a qualified professional documenting that all of the requirements of the restoration plan were completed.

D. If specified by the Department, additional measures to protect the environment shall be adopted by the person engaged in exploration activities.

06-096 C.M.R. ch. 200, § 2-7