Minnesota Administrative Rules

6132.1100 PERMIT APPLICATIONS.

Subpart 1.

Preapplication conferences and site visits.

Before the preparation of an application for a permit to mine, persons intending to submit an application shall meet with the commissioner for a preapplication conference and site visit. The purpose is to review the proposed mining operation and to provide direction on the preparation of an application for a permit to mine. In conjunction with the preapplication conference, the commissioner shall hold a public informational meeting with the assistance of the applicant and invite the participation of the Minnesota Pollution Control Agency, the Environmental Quality Board, and the local unit of government. A notice of the meeting shall be published once at least 30 days before the meeting as follows:

A.

by the commissioner in the State Register and the EQB Monitor; and

B.

by the applicant in a qualified newspaper under Minnesota Statutes, section 331A.02, that is circulated in the locality of the proposed operation.

Subp. 2.

Application.

An application for a permit to mine shall be submitted in duplicate by the applicant to the commissioner.

Subp. 3.

Documents.

To comply with statutory requirements, the applicant shall submit:

A.

the advertisement and affidavit of publication according to parts 6132.4000, subpart 1, and 6132.4900;

B.

a copy of the certificate of authority to transact business in Minnesota if the applicant is a foreign corporation as defined in Minnesota Statutes, sections 300.02 and 303.02;

C.

a certificate issued by an insurance company authorized to do business in the United States under Minnesota Statutes, section 93.481, subdivision 1, clause (2), confirming that the applicant has a public liability insurance policy in force for the mining operation for which the permit is sought or evidence that the applicant has satisfied other state or federal self-insurance requirements, to provide personal injury and property damage protection in an amount adequate to compensate persons who might be damaged as a result of the mining operation or any reclamation or restoration connected with the operation; and

D.

documents relating to financial assurance under part 6132.1200.

Subp. 4.

Organizational structure.

The applicant shall submit the following information on organizational structure:

A.

the post office address of the applicant;

B.

the organizational structure of the applicant including, but not limited to, parent companies, owners, principal stockholders, partners, and joint venturers;

C.

managing agents or subsidiaries that are or may be involved in the mining operation; and

D.

organizational relationships between or among joint applicants.

Subp. 5.

Environmental setting.

To describe the environmental setting of the proposed mining area, the applicant shall submit:

A.

a copy of the draft environmental impact statement and all environmental reports prepared relative to the mining operation; and

B.

environmental setting maps prepared as overlays to 7-1/2 minute United States Geological Survey quadrangle maps or other maps of the same scale delineating the mining area and adjacent lands as required by the commissioner to show the areas directly or indirectly affected by mining. The following information as it exists at the time of application shall be submitted on the overlays:

(1)

bedrock geology, including the general shape of the ore body and appropriate cross sections that show the horizontal and vertical relationships;

(2)

water basins, water courses, and wetlands that are or could be affected by mining;

(3)

boundaries of watersheds that are or could be affected by mining;

(4)

identification and description of hydrogeologic information including, but not limited to:

(a)

plan view and cross section maps of overburden and rock features; and

(b)

description of features on maps including, but not limited to, well locations, uses, well logs, pumping rates, and capacities;

(5)

surface water and groundwater compliance monitoring sites as well as water quality and toxicity standards established by other regulatory authorities;

(6)

a soil inventory including soil type, extent, and thickness;

(7)

recorded locations of rare, endangered, and threatened species;

(8)

past mining facilities including storage piles, tailings basins, mines, and beneficiating plants;

(9)

recorded archeological or historic sites;

(10)

all known surface and subsurface uses, such as pipelines and cables;

(11)

areas identified under part 6132.2000;

(12)

zoning ordinances and associated land use plans applicable to the proposed mining area; and

(13)

surface and mineral rights ownership within the mining area based on information of record in the county recorder's office. An owner's agent may be identified in place of the owner.

Subp. 6.

Mining and reclamation plan.

The mining and reclamation plan shall be based on discussions between the applicant and the commissioner at the preapplication conference and on results from the mine waste characterization. The mining and reclamation plan shall describe:

A.

the operating life of the mine, including the rate of mining and anticipated changes in that rate;

B.

the mining activities to be conducted, including:

(1)

the types, amounts, sequence, and schedule of mining the ore body and storage piling materials, including the distinctions among ore, lean ore, and waste rock; and

(2)

the ore beneficiating process, including a discussion of the type and amount of chemicals to be added and the types, amounts, sequence, schedule, and means of tailings disposal;

C.

the engineering design, methods, sequence, and schedules of reclamation including closure and postclosure maintenance that address the goals and meet the requirements of parts 6132.2000 to 6132.3200, including anticipated reclamation research; and

D.

the mine waste characterization.

Subp. 7.

Mining and reclamation maps.

The applicant shall submit maps and cross sections containing all features normally found on a United States Geological Survey quadrangle map, at a scale that is normally used by the operator for mine planning purposes, that:

A.

define the shape and extent of the ore body that will support the operating life of the mine;

B.

identify lands proposed for use as vegetative reference areas;

C.

show the detailed drainage patterns for waters that may contact reactive mine wastes; and

D.

show, at intervals during mining approved by the commissioner based on the preapplication conference, the status of:

(1)

mining the ore body;

(2)

watershed and hydrogeologic modifications; and

(3)

construction, including shape, extent, and content, and reclamation, including contouring, covering, temporary stabilization, vegetation, closure, and postclosure maintenance, of each of the following: storage pile, tailings basin, mine, reservoir, dam, diversion channel, drainage control, settling basin, heap and dump leaching facility, and auxiliary facility.

Subp. 8.

First year of operation.

A detailed plan for the activities planned during the first year of operation shall be submitted as part of the permit application. The plan shall include all of the information required by part 6132.1300, subparts 3 to 6.

Statutory Authority:

MS s 93.44 to 93.51; 103G.222

History:

17 SR 2207

Published Electronically:

October 8, 2013