Section 096-200-7-29 - Suspension of Mining and Resumption of Mining after SuspensionA.Requirements(1) Any Permittee requesting a temporary suspension of mining must file a written request for approval of a temporary suspension of mining to the Department at least 30 days prior to suspending mining for a continuous period of 90 days or more. A temporary suspension of mining must be limited to 365 days. Activity that deviates substantially from the approved mine plan may not constitute part of a continuous period of mining for the purposes of this section. The request for a temporary suspension must set forth:(a) The reasons for the temporary suspension of mining;(b) The start date and expected duration of the temporary suspension of mining;(c) The factors that will influence the decision for resumption of mining;(d) Measures to maintain and monitor the mining areas;(e) Security measures to be taken during the temporary suspension of mining;(f) Interim sloping or stabilization of surfaces;(g) An update to financial assurance;(h) Interim measures that will be taken during the temporary suspension of mining to comply with its mine plan and mining permit;(i) Interim measures that will be taken to protect the environment, natural resources, and public health and safety; and(j) Verification that all required, routine operations will continue during the suspension, including but not limited to, treatment operations, inspections, monitoring, corrective actions (if any), and annual reporting.(3) Prior to considering the request for approval or modification of a request for temporary suspension of mining operations, the Department shall verify Permittee compliance with the Act, applicable rules, and the mining permit.(4) The Department may require more information from the applicant, a partial closure of mining operations, an adjustment to financial assurance, corrective actions or additional measures to protect the environment, natural resources, and public health and safety as a condition of approval.(5) The Permittee shall file a revised request for temporary suspension of mining to the Department for approval if modifications to elements of the original request are required by the Permittee or the Department.(6) The Permittee may request an increase in the duration of the period of suspension of mining, and as part of this request, the Permittee must:(a) Provide an explanation as to why the Permittee has not recommenced operations; and(b) Provide a demonstration of continued commitment to conduct mining within 365 days from the date of temporary suspension of mining.(7) The Permittee is considered to have ceased mining and all requirements applicable to the closure take effect if mining operations are suspended for a continuous period exceeding 365 days, not counting any nominal activity, unless the Department agrees in writing to delay the implementation of the closure plan based on a written submission by the Permittee that demonstrates to the satisfaction of the Department that the mining operations are expected to recommence within 1 year or less. In any case, the Department may require partial closure of the mining operation during such suspension.(8) For any suspension of mining operations greater than 60 days from the original date of request, prior to resuming operations, the Permittee shall inspect the facility and provide certification to the Department that all systems are functioning as designed and are capable of resuming operations.B.Exemption from licensing requirements. A request to suspend mining activities pursuant to this section is exempt from licensing requirements under 06-096 C.M.R. ch. 2.06-096 C.M.R. ch. 200, § 7-29