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Mining

Mike Clark, Mining Coordinator 207-441-1136

Erich Kluck, Mining Specialist 207-899-6879

Excavations for Borrow, Clay, Topsoil or Silt

Statutory Reference: Article 7: PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL OR SILT

 

 

Accessory uses and facilities within an excavation or quarry operating under the performance standards in article 7 or 8-A are exempt from this article if the performance standards in article 7 or 8-A or the rules implementing those articles are at a minimum as restrictive as the standards imposed under this article. For the purposes of this subsection, "accessory uses and facilities" means uses and facilities associated with the processing of material pursuant to article 7 or 8-A such as screening and the crushing, loading and manufacture of ready-mix concrete and bituminous concrete and associated products and weight scales, scale shacks and maintenance garages. This subsection does not apply to a development constructed during or after reclamation.
[PL 2007, c. 616, §2 (NEW).]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rules: Chapter 378 (Word), Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and Performance Standards for the Storage of Petroleum Product

Forms:

• Notice of intent to comply (PDF) (Gravel Pits)
• Variance materials and forms: Chapter 378, materials and application form and instructions

Supplemental materials:

• Guide to the Performance Standards for Excavations and Quarries (PDF)
• Mining facilities licensed under performance standards (PDF)
• Excavations for Borrow, Topsoil, Clay, and Silt (issue profile)
• Variance Application for Excavations and Rock Quarries (fact sheet)

Quarries

Statutory Reference: Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES

 

 

 

 

 

 

 

 

 

 

 

Rules: Chapter 378 (Word), Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and Performance Standards for the Storage of Petroleum Product

Forms:

• Notice of intent to comply (PDF) (Quarry)
• Variance materials and forms: Chapter 378, materials and application form and instructions (PDF)

Metallic Mineral Mining and Advanced Exploration

In April 2012, the fb88 Legislature enacted a law directing the Department of Environmental Protection to undertake a two-part rulemaking process to modernize the State’s regulatory process for metallic mineral mining.

In the first phase, the Department clarified the permit requirements for exploration and advanced exploration activities. Under our amended rules, exploration activities, which limit excavations to a maximum surface opening of no more than 300 square feet, do not require a permit, but must instead submit a work plan and meet a number of performance standards designed to protect natural resources and properly restore the exploration site. The advanced exploration requirements include a two tier permitting process that creates a graduated scale for classifying advanced exploration activities (minimal environmental impact versus a higher level of environmental impact). Advanced exploration activities fall within into two general categories: Tier One advanced exploration activities involve the excavation and removal of up to 2,000 tons of material, while Tier Two advanced exploration activities may involve up to 10,000 tons of excavated material.

Statutory Reference:

• Metallic mineral mining and advanced exploration is regulated under the fb88 Metallic Mineral Mining Act, . See . (off-site)

Rules:

• Chapter 200 (Word), Metallic Mineral Exploration, Advanced Exploration, and Mining