Section 096-200-5-20 - Performance StandardsA.General Requirements. All mine operations and waste units shall be designed, constructed, operated and maintained during the development, operation, closure, and post-closure maintenance period in a manner that: (1) Meets the performance requirements for groundwater, surface water, air, soils, or surficial materials established under this Chapter;(2) Minimizes acid generation, metal leaching, and acid rock drainage within the mining areas;(3) Provides structural stability;(4) Protects public health and the environment including all applicable air and water quality standards and criteria;(5) Otherwise complies with applicable federal, state, county and municipal laws, regulations and ordinances; and(6) Eliminates the need for perpetual treatment following closure.B.Siting(1) 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. The Applicant must demonstrate that all development not prohibited in these areas is secure from flooding and erosion under flood height and velocity conditions equal to or greater than the 500-year flood.(2) Buffers. Mining operations shall be designed, constructed, and monitored so that the operation is compatible with surrounding non-mining uses.(a) Existing terrain and vegetation or vegetated berms must be used to diminish impacts of mining activities.(b) Buffers must be marked or otherwise established in any area of the site where their construction is determined by the Department to be necessary to mitigate sound or visual impact, provide water quality treatment or for any other purpose before beginning operations.(c) Mine waste units and beneficiation facilities must be set back a minimum of 1,000 feet from a property boundary of lands not owned or controlled by the Permittee or a public or private drinking water supply. Mine waste units and beneficiation facilities may not be located in the wellhead protection areas or source water protection areas of public water supplies.(d) The limit of excavation must be set back a minimum of 1,000 feet from a public water system and 300 feet from a private water system and a property boundary of lands not owned or controlled by the Permittee. Upon receipt of written permission from the abutting property owners and all owners of property whose wells are located within 300 feet of the limit of excavation, the 300-foot setback may be reduced to 100 feet.(e) All activities, other than mine waste units and beneficiation facilities and the limit of excavation, must be set back a minimum of 300 feet from a property boundary of lands not owned or controlled by the Permittee, a public or private drinking water system, or a public road. Upon receipt of written permission from the abutting property owner, the 300-foot property boundary setback may be reduced to 100 feet.(f) The minimum setback requirements described above apply to any mining project; however, the Department may require a greater setback if submission materials or other information demonstrate an increased setback or buffer is necessary to protect the environment and public health and safety.(3) The removal of 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, except that gold panning and recreational motorized gold prospecting are permitted pursuant to 38 M.R.S. §§ 480-Q(5) and 480-Q(5-A) and are exempt from the requirements of this Chapter.(4) Surface mining shall not be allowed within 1 mile, and underground mining within 1/4 mile of the jurisdictional limits of the following unless the Applicant can demonstrate to the satisfaction of the Department that there are topographical features that provide sufficient protection of the resource, the environment and public health and safety. These setbacks shall apply unless and until another state or federal agency with management authority determines that mining is allowed in or on the following:(a) National and state parks;(b) National wilderness areas;(c) National wildlife refuges;(d) The Allagash Wilderness Waterway;(e) State-owned wildlife management areas pursuant to 12 M.R.S. §10109(1);(f) State or national historic sites;(g) Any river designated pursuant to the federal Endangered Species Act as critical habitat for Atlantic salmon;(h) One of the 66 great ponds located in the State's organized area identified as having outstanding or significant scenic quality in the "Maine's Finest Lakes" study published by the Executive Department, State Planning Office in October 1989; and(i) One of the 280 great ponds in the State's unorganized or de-organized areas designated as outstanding or significant from a scenic perspective in the "Maine Wildlands Lakes Assessment" published by the Maine Land Use Regulation Commission in June 1987. The Department may require a greater setback if submission materials or other information demonstrate an increased setback is necessary to protect the environment and public health and safety.
(5) No part of the mining operation may be located wholly or partially in, on or under any state land listed in 12 M.R.S. §549-B(7) (C-1).(6) The mining operation may 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).C.Erosion, Stormwater, and Dust Management. All affected areas and mining areas of the site must be designed, constructed, and operated so as to: (1) Effectively control erosion. The mining activity shall not cause or contribute to unreasonable erosion of soil or sediment, nor unreasonably inhibit the natural transfer of soil from the terrestrial to the marine or freshwater environment. The erosion and sedimentation control practices must: NOTE: For guidance on erosion and sedimentation control practices, consult with the Maine Erosion and Sediment Control Best Management Practices (BMPs).
(a) Maintain the stability of the site including, but not limited to, preventing unacceptable settling, subsidence, voids, caving, or slope failures. All excavated and reclaimed areas must be designed, constructed and stabilized to:(i) Withstand natural geologic processes and climatic conditions without failure that would be a threat to public safety and the environment;(ii) Minimize post-reclamation visual contrasts between reclamation lands and adjacent lands appropriate for the final land use specified in the reclamation plan; and(iii) Either exclude humans and wildlife, or provide safe ingress and egress at selected locations, from any temporary or permanent water bodies resulting from the mining activities.(b) Place overburden and other materials approved by the Department in a manner that promotes vegetation establishment.(c) Stockpile and stabilize all topsoil until it can be used for reclamation.(2) Effectively manage stormwater. Stormwater management practices must meet the standards of 06-096 C.M.R. ch. 500.(3) Effectively manage dust. Dust generated by mining operations, including dust associated with traffic to and from the mining areas and affected area, must be controlled by sweeping, paving, watering or other best management practices for control of fugitive emissions. Visible emissions from a fugitive emission source may not exceed an opacity of 20% for more than 5 minutes in any one-hour period.D.Underground Mine Openings. The Applicant and Permittee shall design, construct, operate and maintain underground mine openings to prevent unauthorized entry and, to the extent feasible and practicable, to minimize the risk of unacceptable settling, subsidence, voids, or caving.E.Reactive Mine Waste Characterization. All designated chemical materials potentially encountered, used or generated during metallic mineral mining or advanced exploration must be analyzed and characterized as follows: (1) Testing. Mine waste and designated chemical materials characterization and analysis must identify the characteristics of the mine waste. This analysis must evaluate the quantities, variability, physical and chemical properties of mine waste necessary for predicting the potential environmental impacts of mine waste handling, storage, treatment, and disposal, and for determining specific treatment, disposal, and storage design. This evaluation must be conducted prior to the issuance of a permit and thereafter as determined by the Department and must include, but not be limited to, evaluation of the following: (a) Changes in the character of the mine waste and designated chemical materials managed at the site; and(b) Changes in the design, operation, or management at the site which may potentially alter the characterization or the stability or other characteristics of tailings and other mine waste.(2) Mine Waste Evaluation. Testing must be performed on representative samples of individual mine waste from the extraction and beneficiation process and of composite mine waste or other materials where mixed storage or disposal of individual mining waste is proposed. The major components of mine waste characterization and analysis must include, but are not limited to, the following: (a) Identification of all mine waste which will be disposed of, stored or handled at the site, or removed from the site including classification of waste types, estimation of the generation rates and volumes of each type, and an explanation of the ultimate disposition of each type;(b) Chemical, petrological, and mineralogic analyses of the mine wastes;(c) Description of expected particle size distributions of waste rock and analysis of particle size distribution of mill tailings;(d) Determination of the potential for metal leaching and acid rock drainage for mine waste (waste rock, tailings, and mine walls). At a minimum, the characterization must consider the short- and long-term acid generating characteristics of the mine waste, considering the acid generating content of the materials, the particle size and particle form of the acid generating material, and the spatial distribution of its particles, the neutralizing effect of host materials and the effects of weathering, erosion, and sedimentation; and(e) Determination of the leaching potential of the mine wastes and determination of the composition of the resulting leachate.(3) Mine Waste Characterization. The Applicant shall describe in detail its proposed mine waste characterization work plan including, but not limited to, the methods of obtaining samples of mine waste, sample size, sample preparation, sample shipment, testing schedule, and frequency and chain-of-custody methods employed in evaluating the mine waste characteristics, and must provide justification for the use of such methods. The metal leaching and acid generating potential for mine waste must be determined by a static test method and confirmed by a kinetic test method. The Applicant shall submit its mine waste characterization work plan to the Department for review and approval.F.Mine Waste Classification. Based on the mine waste characterization required above, the Applicant shall propose, subject to the approval of the Department, classification of each mine waste as a Group A, Group B, or Group C waste according to the following criteria:(1) The mine waste has an acid generating potential or exhibits a characteristic of hazardous waste as defined in 06-096 C.M.R. ch. 850. Such waste must be classified as Group A wastes. NOTE: Group A wastes may include, but are not limited to, waste rock, tailings, and leachate derived from those wastes.
(2) The mine waste has no acid-generating potential and may release soluble pollutants at concentrations which exceed performance requirements for groundwater or surface water. Such waste must be classified as Group B waste.(3) The mine waste does not have the potential to violate water quality standards other than sedimentation or turbidity. Such waste must be classified as Group C waste.G.Reactive Mine Waste and Designated Chemical Materials Management Systems(1) Reactive mine waste and designated chemical materials management systems must provide for containment, unless the material has been neutralized or stabilized and will not cause a direct or indirect discharge of pollutants that could reasonably result in a condition of nonattainment of water quality standards or noncompliance with the performance standards of this Chapter. Mining operations must use dry stack tailings management 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. Reactive mine waste and designated chemical materials management systems must be designed and operated to prevent the contamination of groundwater and surface water or generate acid rock drainage above the primary drinking water standards adopted pursuant to 22 M.R.S. §2611, applicable water quality-based license conditions established pursuant to 38 M.R.S. §413 and §§ 464, 465-C, and 470 or groundwater quality baseline conditions.(2) Reactive mine waste and designated chemical materials management systems must provide for the collection, treatment and disposal of any water containing mining activity contamination derived from reactive mine waste, designated chemical materials, or combinations of reactive mine waste and designated chemical materials with a reasonable potential of migrating beyond designated containment areas in compliance with the Act, this Chapter and the mining permit as well as other applicable state and federal standards. The collection, treatment and disposal methods must be designed to ensure that discharges to affected areas must meet water quality standards without requiring treatment as soon as practicable, but in no case greater than 10 years post-closure. The Permittee must design mine waste units capable of operating without such treatment after that time.H.Containment Structures(1) Containment structures include waste containments, dry stack tailings management structures, water impoundments, and other on-site constructed tanks and containments.(2) Waste rock, dry stack tailings management structures, and waste containments must be designed based on the results of the waste classification determined through the Reactive Mine Waste requirements of this Chapter. Liner and leachate collection systems must meet the minimum design standards contained in section 21 of this Chapter.(3) Containment structures must be designed, constructed, and maintained to prevent embankment overtopping, with adequate freeboard, during the Probable Maximum Flood (PMF) precipitation and snowmelt event considering maximum wind and fetch.(4) Containment structures must be designed and constructed to be structurally stable. The stability assessment must include analysis of potential failure planes which pass through or along: the foundation soils, the waste mass, and/or liner system components for both static and seismic conditions. The stability assessment must be supported by corroborative field and laboratory data that defines the site geology and hydrogeology, the geotechnical characteristics, the waste mass characteristics, and the geosynthetic characteristics, as applicable. If approved by the Department, projected strength gain of the foundation soils may be incorporated into the analysis provided monitoring adequate to verify the projected strength gain is proposed. Stability assessments must meet the following requirements. (a) Containment structures built with an earthen component must have minimum static factors of safety of 1.30 during construction and operations and 1.50 following closure. The Department may require higher factors of safety based on the risks and consequences of failure.(b) Containment structures built with an earthen component must meet the following seismic stability requirements:(i) The minimum factor of safety must be 1.10 when designed to withstand the peak ground acceleration having a 10% probability of exceedance in 50 years (a 475-year return period) during construction and operations. The Department may require higher factors of safety based on the risks and consequences of failure;(ii) The minimum factor of safety must be 1.00 when designed to withstand the peak ground acceleration having a 2% probability of exceedance in 50 years (a 2475-year return period) following closure. The Department may require higher factors of safety based on the risks and consequences of failure;(iii) The peak ground accelerations must be determined from the National Seismic Hazard Maps published by the United States Geological Survey or a site specific seismic shaking hazard assessment and must be amplified as appropriate considering the properties of the soils underlying the containment structure, the engineered systems, and/or the waste mass; and(iv) Unless otherwise approved by the Department, the seismic stability assessment must include an evaluation of permanent deformation, an evaluation of waste and soil strength loss due to cyclic loading, an evaluation of post-cyclic stability, and an evaluation of liquefaction potential.(6) Containment structures must contain adequate slope protection to prevent erosion.(6) Containment structures must be operated to place a cover over reactive mine materials as soon as practicable to isolate the reactive mine materials from precipitation and air.(7) Containment structures must be operated in a manner that provides for segregation of designated chemical and reactive mine materials, metallic mineral product, ore, tailings, lean ore, waste rock, surface overburden, and topsoil, as applicable, unless these materials are placed together for a beneficial purpose as described in the mine plan.(8) Containment structures must be designed, constructed, and maintained to promote contemporaneous reclamation.I.Storage Piles. The Applicant and Permittee shall design, construct, operate, and maintain storage piles: (1) Such that the function and stability of the piles are suitable to their purpose and they do not represent a substantial threat to the environment and public health and safety;(2) In a manner that promotes contemporaneous reclamation;(3) Such that runoff water is removed by drainage control structures and receives treatment appropriate to the nature and volume of the water and the nature of the material stockpiled; and(4) Such that each storage pile is constructed, operated, and monitored according to standard operating procedures consistent with this Chapter and these practices are documented with detailed designs, schedules, and monitoring and operating procedures approved by the Department.J.Water Quality and Water Management Systems. The Applicant and Permittee shall design, construct, operate, and maintain all mining operations and related activities: (1) So as to minimize disturbances to the prevailing hydrologic balance of the affected areas to the extent practicable and feasible;(2) In a manner that does not cause or increase the potential for injury to life or damage to property or natural resources due to hydrologic changes compared to baseline conditions;(3) In a manner that mining activity withdrawals of groundwater or surface water will not adversely affect existing uses or natural resources and that comply with the Natural Resources Protection Act, 38 M.R.S. §480-A et seq. and the Water Classification Program, 38 M.R.S. §§ 464-470;(4) Such that pollutants attributable to mining activities do not cause or contribute to nonattainment of applicable water quality criteria in surface water resources and comply with the terms and conditions of applicable waste discharge licenses issued pursuant to 38 M.R.S. §413;(5) Such that pollutants attributable to the mining operation do not contaminate groundwater resources of the affected areas. 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: (a) Contamination of groundwater beyond the mining area;(b) Contamination of groundwater within the mining area that exceeds applicable water quality criteria for pollutants other than pH or metals;(c) Contamination of groundwater within the mining are 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;(d) 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(e) 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;
(6) Such that surface water and stormwater from the mining areas and affected areas are managed consistently with subsections 20(C), 20(G), and 20(H), above; and(7) Such that run-on/runoff control systems include:(a) A run-on control system to prevent or control surface water flow onto the mine waste unit during the peak discharge from at least a 24-hour, 500-year storm;(b) A runoff control system to collect, control and treat surface water from the mine waste unit of at least the water volume resulting from a 24-hour, 500-year storm; and(c) Surface impoundments associated with waste units, if any, that are designed, constructed, maintained, and operated to prevent overtopping as a result of a 24-hour, 500-year storm event. An emergency overflow spillway shall be provided for storm events equivalent to the 24-hour, 500-year storm.K.Blasting. The Applicant and Permittee must ensure that the blasting is conducted in accordance with applicable standards of the State Fire Marshal's Office. (1) The Permittee shall use sufficient stemming, matting or natural protective cover to prevent flyrock from leaving property owned or under control of the Permittee or from entering protected natural resources or natural buffer strips. Crushed rock or other suitable material must be used for stemming when available. Native gravel, drill cuttings, or other material may be used for stemming only if no other suitable material is available.(2) The maximum allowable airblast at any inhabited building not owned or controlled by the Permittee may not exceed 129 decibels peak when measured by an instrument having a flat response (+ or - 3 decibels) over the range of 5 to 200 hertz.(3) Monitoring of airblast levels is required in all cases for which a preblast survey is required by paragraph 4. The Department may waive the monitoring requirement if the Permittee secures the permission of affected property owners to increase allowable airblast levels on their property and the Department determines that no protected natural resource will be adversely affected by the increased airblast levels.(4) A preblast survey is required for all blasting and must extend a minimum radius of 1/2 mile from the blast site. The preblast survey must document any preexisting damage to structures and buildings and any other physical features within the survey radius that could reasonably be affected by blasting. Assessment of features such as pipes, cables, transmission lines and wells and other water supply systems must be limited to surface conditions and other readily available data, such as well yield and water quality. The preblast survey must be conducted prior to the initiation of blasting at the operation. The Permittee shall retain a copy of all preblast surveys for at least one year from the date of the last blast on each mining area, as applicable.(5) Blasting may not occur in the period between sundown and sunrise the following day or in the period between 7:00 p.m. and 7:00 a.m., whichever is greater. Routine production blasting is not allowed in the daytime on Sunday. Detonation of misfires may occur outside of these times but must be reported to the Department within 5 business days of the misfire detonation. Blasting may not occur more frequently than 4 times per day. Underground production blasting may be exempted from these requirements provided that a waiver is granted by the Department.(6) Sound from blasting may not exceed the following limits at any protected location: Number of Blasts Per Day | Sound Level Limit |
1 | 129 decibels |
2 | 126 decibels |
3 | 124 decibels |
4 | 123 decibels |
(7) The Permittee shall monitor blasting for peak particle velocity using a seismograph capable of measuring three mutually perpendicular peak particle velocities. Seismic measurements shall be conducted adjacent to structures located on lands not owned or controlled by the Permittee, or other locations as determined by the Department. The maximum peak particle velocity at inhabitable structures not owned or controlled by the Permittee may not exceed the levels published by the United States Department of the Interior in "Bureau of Mines Report of Investigations 8507," Appendix B, Figure B-1, dated 1980.(a) The Department may grant a variance to allow ground vibration levels greater than 2 inches per second on undeveloped property not owned or controlled by the Applicant if the Department determines that no protected natural resource, unusual natural area or historic site will be adversely affected by the increased ground vibration levels. If inhabitable structures are constructed on the property after approval of the development and prior to completion of blasting, the developer immediately must notify the Department and modify blasting procedures to remain in compliance with the standards of this subsection.(b) The Permittee may apply for a variance of the ground vibration monitoring requirement prior to conducting blasting if the Permittee agrees to design all blasts so that the weight of explosives per 8 millisecond or greater delay does not exceed that determined by the equation W=(D/Ds)2, where W is the maximum allowable weight of explosives per delay of 8 milliseconds or greater, D is the shortest distance between any area to be blasted and any inhabitable structure not owned or controlled by the developer and Ds equals 70 ft./lb.1/2. As a condition of the variance, the Department may require submission of records certified as accurate by the blaster and may require the Permittee to document compliance with the conditions of this paragraph.(c) Based upon an approved engineering study, the Department may grant a variance to allow higher vibration levels for certain buildings and infrastructure. In reviewing a variance application, the Department shall take into account that the standards in this subsection are designed to protect conventional low-rise structures such as churches, homes, and schools. In cases of practical difficulty, the Department may grant a variance form the ground-vibration standard, with written approval of the property owner, if it can be demonstrated that no adverse impacts on existing infrastructure or protected natural resources, unusual natural areas or historic sites will result, and that no practical alternative to exceeding the ground-vibration standard exists.(8) A record of each blast, including seismographic data, must be kept for at least one year from the date of the last blast, and must be available for inspection at the mining site or at the offices of the owner or operator if the mine has been closed, completed or abandoned before the one-year limit has passed. The record must contain at a minimum the following data: (a) Name of blasting company or blasting contractor;(b) Location, date, and time of blast;(c) Type of material blasted;(d) Number and spacing of holes and depth of burden or stemming;(e) Diameter and depth of holes;(f) Type of explosives used;(g) Total amount of explosives used;(h) Maximum amount of explosives used per delay period of 8 milliseconds or greater;(i) Maximum number of holes per delay period of 8 milliseconds or greater;(j) Method of firing and type of circuit;(k) Direction and distance in feet to the nearest dwelling, public building, school, church, or commercial or institutional building neither owned nor controlled by the Permittee;(l) Weather conditions, including factors such as wind direction and cloud cover;(m) Height or length of stemming;(n) Amount of mats or other protection used;(o) Type of detonators used and delay periods used;(p) The exact location of each seismograph and the distance of each seismograph from the blast;(q) Seismographic readings;(r) Name and signature of the person operating each seismograph; and(s) Names of the person and the firm analyzing the seismographic data.(9) All field seismographs must record the full analog wave form of each of the 3 mutually perpendicular components of motion in terms of particle velocity. All seismographs must be capable of sensor check and must be calibrated according to the manufacturer's recommendations.(10) Prior to blasting, the Permittee shall develop and implement a plan that provides an opportunity for prior notification of a planned blast for all persons located within 1,000 feet of the blast site. Notification may be by telephone, in writing, by public notice in a newspaper of general circulation in the area affected or by other means identified in the plan. The plan must be in writing and available for inspection by the Department. This plan must include descriptions of audible warnings prior to blasting and other blast safety and notification measures as may be required by other authorities.L.Air Quality Standards(1) Ambient air quality standards. Mining operations shall not discharge air contaminants into the ambient air in such a manner as to violate the Maine ambient air quality standards or emission standards established pursuant to 38 M.R.S. §§ 585, 585-B or 585-K. Mining operations must be designed, constructed and operated in a manner that prevents adverse impacts on air quality, considering: (a) The volume and physical and chemical characteristics of potential sources of air emissions at the site, including their potential for volatization and wind dispersal;(b) The existing air quality, including other sources of air emissions and their cumulative impact on the air;(c) The potential damage to the environment and public health and safety caused by air emissions from the site; and(d) The persistence and permanence of the potential adverse effects to the environment and public health and safety.(2) Fugitive emissions. Best management practices and control technology shall be required to control fugitive emissions and other contamination into or upon any land. Where fugitive emissions are anticipated, the Applicant must submit a best management practices plan for control of fugitive emissions indicating the methods the applicant intends to use to minimize fugitive emissions resulting from the mining operation such that emissions and air quality standards are not exceeded. If the Department determines that emissions released from, or as a result of, the mining operation create a risk to the environment or public health and safety, a numeric performance requirement may be established for those emissions. Such risk shall be determined based on impacts including, but not limited to, direct contact, bioaccumulation in plants and animals, and foodchain concentration that may occur on or off-site.M.Noise. The Applicant and Permittee shall design, construct, operate and maintain the mining operation so as to prevent an unreasonable noise impact, and must meet the standards established by 06-096 C.M.R. ch. 375, §10.N.Preservation of Historic Sites. The Department may not issue a mining permit for a proposed mining operation that will have an adverse impact on the preservation of historic sites.(1) Scope of Review. In determining whether a proposed mining operation will have an adverse effect on the preservation of historic sites either on or near the mine site, the Department shall consider all relevant evidence to that effect.(2) Terms and Conditions. The Department, may as a term or condition of approval, establish any reasonable requirement to ensure that a proposed mining operation will not adversely affect preservation of any historic site.O.Preservation of Unusual Natural Areas. The Department may not issue a mining permit for a proposed mining operation that will have an adverse impact on the preservation of unusual natural areas. (1) Scope of Review. In determining whether a mining operation will have an adverse effect on the preservation of unusual natural areas either on or near the development site, the Department shall consider all relevant evidence to that effect.(2) Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that a proposed mining operation will not adversely affect the preservation of unusual natural areas.P.No Unreasonable Effect on Scenic Character. The Department may not issue a mining permit for a proposed mining operation that will have an unreasonable effect on scenic character. (1) Scope of Review. In determining whether the proposed mining operation will have an unreasonable adverse effect on the scenic character of the surrounding area, the Department shall consider all relevant evidence to that effect, such as evidence that: (a) The design of the proposed mining operation takes into account the scenic character of the surrounding area.(b) A mining operation which is not in keeping with the surrounding scenic character will be located, designed and landscaped to minimize its visual impact to the fullest extent possible.(c) Structures will be designed and landscaped to minimize their visual impact on the surrounding area.(d) The plans for the proposed mining operation provide for the preservation of existing elements of the mining site which contribute to the maintenance of scenic character.(2) Submissions. Applications for approval of proposed developments must include evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on the scenic character of the surrounding area, including information such as the following, when appropriate: (a) Sketches of the proposed mining operation indicating how the mine fits into the scenic character of the area.(b) Landscaping plans for minimizing the visual impact of the parking lots, mining operations and other types of developments.(3) Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the proposed mining operation will have no unreasonable adverse effect on scenic character, such as requiring that:(1) Illumination of the mining operation be limited.(2) Vegetative or architectural screens be established.Q.Protection of Wildlife and Fisheries. The Department may not issue a mining permit for a proposed mining operation that has not made adequate provisions for the protection of wildlife and fisheries.(1) Scope of Review. In determining whether the developer has made adequate provision for the protection of wildlife and fisheries, the Department shall consider all relevant evidence to that effect, such as evidence that: (a) A buffer strip of sufficient area will be established to provide wildlife with travel lanes between areas of available habitat.(b) Proposed alterations and activities will not adversely affect wildlife and fisheries lifecycles.(c) There will be no unreasonable disturbance to:(i) High and moderate value deer wintering areas:(ii) Habitat of any species declared threatened or endangered by the Commissioner, Maine Department of Inland Fisheries and Wildlife or the Director of the United States Fish and Wildlife Service:(iii) Seabird nesting islands;(iv) Significant vernal pools;(v) High and moderate value waterfowl and wading bird habitat; and(vi) Shorebird nesting, feeding, and staging areas.(2) Submissions. Applications for approval of a proposed mining operation shall include evidence that affirmatively demonstrates that the Applicant has made adequate provision for the protection of wildlife and fisheries, including information such as the following, when appropriate: (a) The location of natural buffer strips and adequate provision for their maintenance; and(b) Plans to mitigate adverse effects on wildlife and fisheries through means that at a minimum include, but are not limited to, design considerations, pollution-abatement practices, the timing of construction activities, and on-site or off-site habitat improvements or preservation.(3) Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that an applicant has made adequate provision for the protection of wildlife and fisheries.(4) Wildlife Exclusion (a) Fencing. All open waters which contain any chemical(s) at levels harmful to wildlife shall be fenced to exclude terrestrial animals. The fence bottom shall be secured tight to the ground to prevent animals from gaining access under the fence. These fences shall be inspected and maintained to prevent wildlife access.(b) Covering or Containment. All waters that contain any chemical(s) at levels harmful to wildlife must be covered or contained in a manner that shall prevent access by wildlife. All covers or containers shall be maintained in a manner that shall continue to prevent access by wildlife for as long as the pond or container could be harmful to wildlife.(c) Chemical Neutralization or Isolation. Any chemical-laden fluids that are the result of any process and that are impounded in an area that is too large to cover or contain must be rendered non-harmful to wildlife prior to outside storage.(6) Wildlife Reports. The Permittee shall maintain a record of any wildlife mortalities that occur in association with the permitted facility. Those reports shall be provided quarterly to the Department. In addition, the Permittee shall report all wildlife mortalities that are associated with chemical containing tanks or impoundments by the beginning of the next working day following the occurrence or observation of those mortalities.06-096 C.M.R. ch. 200, § 5-20