Section 096-200-9-38 - Exclusion application submissionsAn applicant may submit an exclusion application pursuant to this Section only after meeting all preapplication requirements of this Subchapter to the satisfaction of the Department pursuant to Sections 36 and 37 of this Subchapter. In addition to the requirements of this Section, exclusion applications pursuant to this Section are also subject to all requirements of Chapter 2 of the Department's Rules.
A. The applicant must submit the full name, mailing address, and phone number(s) of the applicant and principal representative of the applicant;B. The applicant must submit evidence of title, right, or interest in all of the property within the exclusion area, as required by Chapter 2 of the Department's Rules, in order for the application to be accepted for processing;C. Location. The location of the proposed activity must be provided including, but not limited to, the following:(1) The location, including all the municipalities or townships and counties, of the proposed site, including a detailed depiction of the proposed exclusion area and any other areas where monitoring or excluded activities will take place;(2) A legal description of the proposed site;(3) Whether or not any portion of the proposed site is within the jurisdiction of the Land Use Planning Commission, and if so, identification of all applicable land use district(s) for the proposed site; and(4) The names and addresses of abutting property owners.D. The applicant must submit information demonstrating that the exclusion application meets all criteria set forth in Section 39 of this Subchapter and all other requirements of this Subchapter;E. The applicant must submit the Department-approved sampling and testing plan, pursuant to Section 36, and the results of the tests required by that plan;F. The applicant must submit the Department-approved water quality evaluation plan, pursuant to Section 37, and the results of the tests required by that plan;G. If the applicant intends to conduct crushing, grinding, physical sorting, or storage of the metallic minerals extracted from the exclusion area in a location outside of the exclusion area, the applicant must submit information on the building or shelter in which those activities will take place and evidence that the building or shelter will prevent rain, snow, snowmelt, ice melt, and runoff from comingling with the metallic minerals and waste rock.06-096 C.M.R. ch. 200, § 9-38