Land Use Planning Commission – Proposed Chapter 13 and Chapter 10 Revisions

To: Interested Persons
From: Stacie R. Beyer, Chief Planner
Subject: Notice of Public Hearing for Draft Rules: Chapters 13 and 10: Proposed
Rulemaking to Repeal and Replace the Commission’s Chapter 13 Rules, Metallic Mineral Exploration, Advanced Exploration and Mining, and Amend Related Sections of the Commission’s Chapter 10 Rules

In response to requests the Land Use Planning Commission received, the Commission has scheduled a public hearing on its proposed Chapter 13 and Chapter 10 rule revisions relating to metallic mineral mining.

Proposed Revisions
The proposed rule changes are intended to comply with Public Law 2017 Chapter 142,
128th Legislature. Specifically, that legislation requires the Commission, by July 1, 2018, to “adopt rules related to commission certification of metallic mineral mining permit applications in accordance with the Maine Revised Statutes, Title 38, section 490-NN, subsection 2.”
Also, the section requires that, “[r]ules adopted pursuant to this section must include any additional provisions necessary to ensure consistency with the Maine Metallic Mineral Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the Department of Environmental Protection.” Proposed changes include a repeal and replacement of the Commission’s Chapter 13 rule, renaming Chapter 13 to Metallic Mineral Exploration and Mining Certifications, updating provisions for metallic mineral exploration, adding provisions for mining certifications, and amending the Commission’s Chapter 10 rule to ensure consistency with Chapter 13 and clarify the relationship between the two chapters.

Hearing Notice
Notice of the public hearing, public comment period, and the draft rule changes are posted on the Commission’s website at: Proposed Rulemaking / Opportunities for Public Comment
Notice of the hearing on the proposed changes will also be published in the State’s consolidated rule-making notice on Wednesday, February 21, 2018.

Public Hearing
Date: March 14, 2017
Time: 11:00 AM
Place: Jeff’s Catering, 15 Littlefield Way, Brewer

The Commission requests those interested in testifying at the public hearing bring a written copy of their testimony for filing in the hearing record, if possible. All testimony should be pertinent to the proposed rule revisions including provisions for metallic mineral exploration and mining certifications. Commission certification of metallic mineral mining is limited by State law to whether the proposed mining is an allowed use within the subdistrict(s) in which it is to be located, and whether the proposed mining meets land use standards established by the Commission that are not considered in the Department of Environmental Protection (DEP) review. The DEP has permit granting authority for metallic mineral mining and considers standards for ground and surface water quality, wildlife, and other natural resources.

Public Comments
Written comments addressing the proposed revisions to the Commission’s Chapter 13 and Chapter 10 rules may be submitted by US Postal Service Mail to “Stacie R. Beyer, LUPC, 22 State House Station, Augusta, ME 04333,” or by e-mail to (please include in the subject line “Mining 2018 Rule Revisions”). For consideration by the Commission, written comments must be submitted on or prior to March 26, 2018, and rebuttal must be submitted on or prior to April 2, 2018.

If you have any questions on the proposed rules or the public hearing, please contact Stacie Beyer during normal business hours at or 207-557-2535.