Physical extraction, crushing, grinding, physical sorting or storage of metallic minerals is excluded from the requirements of this Chapter if the Department makes an affirmative determination on an exclusion application submitted pursuant to Section 38 below, following the mandatory preapplication process and other provisions of this Subchapter. The Department may not accept or approve a preapplication filing or an application for an exclusion determination under this Subchapter for an exclusion area containing a deposit already known by the Department to have the potential to create acid rock drainage, such as a massive sulfide deposit. Activities excluded by a determination on an exclusion application pursuant to Section 38 of this Subchapter must be regulated under and comply with all applicable requirements of Title 38, Chapter 3, Article 6, Title 38, Chapter 3, Article 7, Title 38, Chapter 3, Article 8-A, or Title 12, Chapter 206-A.
06-096 C.M.R. ch. 200, § 9-34