Section 096-200-2-8 - Advanced ExplorationA person may not engage in advanced exploration without an advanced exploration permit issued by the Department. Advanced exploration activity permits are divided into two categories: Tier One and Tier Two. Under a Tier One approval, bulk sampling may not exceed two thousand tons of mine waste. Under a Tier Two approval, bulk sampling may not exceed ten thousand tons of mine waste. Under an advanced exploration permit, on-site processing of bulk samples is limited to mechanical size alteration and sorting. Any additional on-site testing and characterization must occur within enclosed, portable facilities. Any waste generated from this additional on-site testing and characterization must be transported off-site for disposal.
A.General Standards and Requirements. Applications for all advanced exploration activities must demonstrate compliance with the standards for exploration listed under subsection 7(B) of this Chapter. Tier One advanced exploration activities must also meet the requirements of subsection 8(C), and Tier Two advanced exploration activities must meet the criteria for approval of mining activities in section 11 of this Chapter together with any additional site-specific conditions required under the advanced exploration permit. (1) The Department may enter any advanced exploration site, take samples, and conduct tests in order to determine compliance with any provision of this Chapter or other applicable requirements.(2) The Department may require the submission of quarterly self-inspection reports, signed by a qualified professional, on the advanced exploration activities conducted by the Permittee.B.Submission Requirements. Applications for advanced exploration activities must comply with all applicable requirements in section 9 of this Chapter. A pre-application meeting is required prior to submission to the Department of a new application for any advanced exploration activity pursuant to this Chapter. The Applicant must meet the requirements in section 10 of Rules Concerning the Processing of Applications, 06-096 C.M.R. ch. 2. A pre-submission meeting is required unless waived as provided in 06-096 C.M.R. ch. 2, §10(D).C.Tier One Advanced Exploration. To qualify for Tier One advanced exploration, exploration activities may exceed those permitted under section 7, "Exploration," of this Chapter, but bulk sampling shall not remove in excess of 2,000 tons of mine waste from the exploration site for mineral testing or extraction. These activities may include: larger scale trenching or blasting than permitted under "Exploration" (i.e., greater than 300 sq. ft. for each test pit, trench or outcrop stripping site) but no more than one acre in total area in the area of exploration; road building/reconstruction; and temporary camp construction. Baseline monitoring or environmental assessment pursuant to section 9 of this Chapter is not required to obtain approval under Tier One for advanced exploration, but the Department may require water quality monitoring or other monitoring and sampling as described in paragraph (3) below. In addition, an adjudicatory hearing is not required for a Tier One Advanced Exploration. (1) Application. Prior to commencement of any Tier One advanced exploration activities, an application shall be submitted for review and approval on forms provided by the Department. This application shall provide all information required by subsection 7(C) of this Chapter, evidence of the applicant's mining experience as it relates to advanced exploration activities, and evidence to demonstrate that the proposed activity meets the standards set forth in subsection 8(C)(2).(2) Standards. The standards for Tier One advanced exploration activities include the minimum exploration standards listed under subsection 7(B), the blasting standards in subsection 20(K), the performance standards in subsection 20, and the reclamation standards in subsections 23(I), 23(J), 23(M), and 23(N) of this Chapter. The Applicant must also demonstrate and maintain financial assurance in accordance with the requirements of section 17 of this Chapter.(3) Submission Requirements. The Applicant shall submit with its application information to demonstrate that all applicable standards are met. The Applicant shall also submit with its application a reactive mine waste characterization work plan that includes the information required by subsection 20(E) of this Chapter. The plan must include, if determined to be necessary by the Department, measures to prevent or minimize adverse impacts on the environment, including, but not limited to control and monitoring of acid rock drainage, of metal leaching, and of areas impacted or potentially impacted by acid rock drainage.D.Tier Two Advanced Exploration. To qualify for Tier Two advanced exploration, activities may exceed those permitted under Tier One advanced exploration activities and may include underground exploration tunnels, shaft sinking, and excavation work that disturbs more than one acre in area (which may involve multiple sites within the identified area of exploration) but not more than a total of three acres in area or a total of five percent of the advanced exploration site, whichever is less. Bulk sampling shall not remove in excess of 10,000 tons of mine waste from the advanced exploration site for mineral testing or extraction.(1) Submission Requirements. Prior to commencement of any Tier Two advanced exploration activities, an application shall be submitted for review and approval on forms provided by the Department. This application shall provide the information required by subsection 9(B) through 9(L) of this Chapter, unless waived by the Department, to demonstrate that the mining operation meets the performance standards and approval criteria of this Chapter. 06-096 C.M.R. ch. 200, § 2-8