Current through 2024-51, December 18, 2024
Section 096-200-3-14 - Termination of PermitA.Requirements(1) After public notice the Department may terminate or request surrender of a mining permit if the Permittee has not conducted mining activities covered by the mining permit within 4 years after the effective date of the mining permit.(2) The Permittee may file a written request with the Department for approval of an extension of time to conduct mining activities covered by the mining permit prior to Department ordered termination or surrender of a mining permit. The request must set forth: (a) The reasons for the delay in the construction of mining facilities or commencement of mining activities;(b) The date of anticipated construction of mining facilities or commencement of mining activities; and(c) The factors that will influence the decision for construction of mining facilities or commencement of mining activities.B. The Department may approve an extension of time to commence construction of mining facilities or conduct mining activities covered by the mining permit if the Permittee demonstrates that the mining operations are expected to commence within a reasonable period of time as determined by the Department.C. The Department may terminate or request surrender of a mining permit if the following conditions have been achieved:(1) The Permittee has requested termination of the mining permit and has demonstrated that:(a) The requirements of the mine plan have been satisfied;(b) Final reclamation of the mining areas and, as necessary, the affected areas have been completed, including post-closure monitoring; and(c) The mine is in compliance with all requirements of the permit, this Chapter, and the Act; and(2) The Department has: (a) Determined that the documentation provided by the Permittee is complete and adequate to make a determination that the conditions required to terminate a mining permit have been achieved;(b) Completed a field inspection of the mine and determined that: (i) The Permittee has complied with all requirements of the permit, applicable rules, and the Act;(ii) Air, water, or other natural resources are not contaminated or impaired from the mining operation;(iii) The Permittee has fulfilled all conditions determined to be necessary by the Department to protect the public health, safety and welfare, and the environment; and(iv) Requirements for the post-closure monitoring period have been satisfied; and(c) Completed public notice requirements pursuant to 38 M.R.S. §490-PP(4).06-096 C.M.R. ch. 200, § 3-14