Section 096-200-3-11 - Criteria for Mining Permit ApprovalA 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-Aet 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.B.Requirements. The Department shall process each permit application required and submitted by the Applicant under 38 M.R.S. §490-NN(1), and identified by the Applicant in the permit application under the requirements of subsection 9(B)(4) of this Chapter in a coordinated fashion. The coordinated process shall include consolidation of public hearings and the issuance of a joint decision on all applications for permits required by the Department.C.Effect of Current Violation. The Department may not issue a mining permit if the Applicant or any person in a position to control the operations of the Applicant is in violation of any state or federal law, rule, permit, or order that the Department determines in the permit decision is relevant to the issuance of a mining permit, unless the person has corrected the violation or the person has agreed in a judicially enforceable document to correct the violation.D.Effect of Compliance History. The Department may not issue a mining permit if the Applicant or any person in a position to control the operations of the Applicant has documented violation(s) of state or federal land use or environmental laws, or documented violations of land use or environmental laws of a foreign country, demonstrating that the Applicant would not be capable of complying with the terms and conditions of a mining permit. An Applicant may present evidence of changed conditions or circumstances demonstrating the current ability to comply with all permit terms and conditions notwithstanding any prior violations. If that evidence is sufficient to warrant a finding by the Department that the Applicant is capable of compliance, the Department may issue a permit.E.Effect of Financial Assurance Defaults. The Department may not issue a mining permit if the Applicant or any person in a position to control the operations of the Applicant has defaulted on or otherwise violated a financial assurance requirement including, but not limited to, a letter of credit, bond, trust fund, guarantee, or financial test.06-096 C.M.R. ch. 200, § 3-11