Section 096-200-9-39 - ExclusionA. An exclusion may be granted for: physical extraction of metallic minerals within the specified exclusion area; and crushing, grinding, physical sorting, or storage of metallic minerals extracted from the exclusion area occurring either within the exclusion area or, if outside the exclusion area, within a building or shelter that prevents rain, snow, snowmelt, ice melt, and runoff from comingling with the metallic minerals. This exclusion may only be granted when the following criteria are met:(1) Those activities will only generate mine waste that does not have the potential to cause a violation of water quality standards, with the exception of sedimentation or turbidity, under 22 M.R.S. §2611, Title 38, Chapter 3, Subchapter 1, Article 2 (Pollution Control), Title 38, Chapter 3, Subchapter 1, Article 4-A (Water Classification Program), or any other applicable water quality standards;(2) Those activities will only generate mine waste that does not have the potential to create acid rock drainage or alkali rock drainage;(3) Those activities will not release or expose radioactive or other materials that could endanger human health or the environment;(4) All mine waste, including ore, that will be generated by the excluded activities will be Group C waste, as defined in this Chapter; and(5) Any crushing, grinding, physical sorting or storage of metallic minerals extracted from the exclusion area that occurs outside the exclusion area will occur entirely within a building or shelter that prevents rain, snow, snowmelt, ice melt, and runoff from comingling with the metallic minerals and waste rock.B. Any activities and structures that support a mining area that requires a permit under this Chapter are not excluded from the requirements of this Chapter.C. Monitoring. The Department will require monitoring in excluded areas as a condition of the exclusion to ensure excluded activities continue to meet the requirements of Section 39(A) above. This monitoring may include groundwater and surface water monitoring for acid rock drainage, alkali rock drainage, radioactivity, or other contaminants of concern. This monitoring must include groundwater and surface water monitoring for perfluoroalkyl and polyfloroalkyl substances (PFAS).D. The Commissioner will issue an order reflecting the Department's decision on the application for an exclusion, including monitoring requirements and any other conditions of the decision, in accordance with Chapter 2 of the Department's Rules. In addition to the monitoring requirements of Section 39(C), conditions must include, but are not limited to, the following:(1) Reclamation within the exclusion area must, to the greatest extent practicable, be designed to result in restoration of natural vegetation and other wildlife and aquatic resources that existed prior to the commencement of mining activities.(2) The licensee must stop excavation immediately and notify the Department within one business day if they observe any material during excavation that could generate wastes with the potential to adversely affect water quality standards, other than sedimentation or turbidity.(3) The Department may require that excavation be halted and require further testing if the Department observes or becomes aware of any material during excavation that is unexpected based on the results of any plan or testing required in Section 36 and could generate wastes with the potential to adversely affect water quality standards, other than sedimentation or turbidity, or if monitoring data shows a change in water quality or other relevant condition at the site.(4) The licensee must comply with the applicable statute governing their excluded activities, listed in Section 34, as determined by the Department and reflected in the order.(5) The actively mined area that has not been reclaimed may not exceed 5 acres. Once the 5-acre limit has been reached, reclamation is required in order to expand the mined area so that a maximum of 5 acres are actively mined and not reclaimed at any time. Reclamation must occur in accordance with Section 39(D)(1) and the standards in the applicable statute governing the excluded activities, listed in Section 34, as determined by the Department and reflected in the order.(6) All lighting fixtures within the exclusion area must be designed to reduce, to the greatest extent practicable, the glare and light pollution on all adjacent areas, including upwards into the sky. This may require the use of shielding, reflectors, light diffusors, and other measures. All light fixtures above 1,800 lumens within the exclusion area must be full cutoff and downward directed. All lighting fixtures within the exclusion area are limited to a light emittance rating of not more than 2,000 lumens and a correlated color temperature of not more than 3,000K.06-096 C.M.R. ch. 200, § 9-39