Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 270--S.F.No. 238
           An act relating to mining; including peat within the 
          provisions of mineland reclamation laws; requiring 
          adoption of certain reclamation rules prior to 
          issuance of metallic mining permits; amending 
          Minnesota Statutes 1982, sections 93.44; 93.46, 
          subdivisions 2 and 6; and 93.481, by adding a 
          subdivision; proposing new law coded in Minnesota 
          Statutes, chapter 93. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 93.44, is 
amended to read: 
    93.44 [DECLARATION OF POLICY.] 
    In recognition of the effects of mining upon the 
environment, it is hereby declared to be the policy of this 
state to provide for the reclamation of certain lands hereafter 
subjected to the mining of metallic minerals or peat where such 
reclamation is necessary, both in the interest of the general 
welfare and as an exercise of the police power of the state, to 
control possible adverse environmental effects of mining, to 
preserve the natural resources, and to encourage the planning of 
future land utilization, while at the same time promoting the 
orderly development of mining, the encouragement of good mining 
practices, and the recognition and identification of the 
beneficial aspects of mining.  
    Sec. 2.  Minnesota Statutes 1982, section 93.46, 
subdivision 2, is amended to read: 
    Subd. 2.  "Mining area" or "Area subjected to mining" means 
any area of land from which material is hereafter removed in 
connection with the production or extraction of metallic 
minerals or peat, the lands upon which material from such mining 
is hereafter deposited, the lands upon which beneficiating 
plants and auxiliary facilities are hereafter located, the lands 
upon which the water reservoirs used in the mining process are 
hereafter located, and auxiliary lands which are hereafter used 
or intended to be used in a particular mining operation.  
    Sec. 3.  Minnesota Statutes 1982, section 93.46, 
subdivision 6, is amended to read: 
    Subd. 6.  "Operator" means any owner or lessee of mineral 
rights or peat rights engaged in or preparing to engage in 
mining operations with respect thereto.  
    Sec. 4.  [93.461] [PEAT INCLUDED IN MINELAND RECLAMATION.] 
    Sections 93.46 to 93.51 apply to peat in the same manner as 
to metallic minerals, to the greatest extent practicable, with 
the following exceptions:  
    (a) For the purposes of sections 93.46 to 93.51, "peat 
mining" means the removal of peat for commercial purposes, 
including activities associated with the removal.  "Peat mining" 
does not include removal of peat which is incidental to the 
harvesting of an agricultural or horticultural crop, or to 
mining of a metallic mineral that is subject to a mineland 
reclamation rule and a permit to mine.  
    (b) No permit to mine peat is required under section 93.481 
until 180 days after the effective date of rules promulgated to 
regulate peat mining and reclamation.  The rules shall be 
adopted by July 1, 1985.  
    (c) No permit is required for a peat mining operation of 40 
acres or less, unless the commissioner determines that there is 
potential for significant environmental effects which may result 
from the peat mining operation.  A person intending to engage in 
or carry on a peat mining operation of 40 acres or less, if the 
intended operation involves removal of more than 1,000 tons of 
air-dried peat per year, shall notify the commissioner in 
writing before beginning any mining, specifying the legal 
description of the tract to be mined and the mining methods to 
be used.  Within 20 days after receipt of written notice of 
intent to mine such a tract, or after receiving additional 
information requested, the commissioner shall notify the person 
of his decision to require, or not to require, a permit.  
    Sec. 5.  Minnesota Statutes 1982, section 93.481, is 
amended by adding a subdivision to read: 
     Subd. 6.  [RECLAMATION RULES REQUIRED BEFORE ISSUANCE OF A 
PERMIT TO MINE.] Except for taconite and iron ore mining 
permits, no permit to mine metallic minerals may be issued by 
the commissioner until rules relating to reclamation of metallic 
mineral minelands have been amended, or new rules adopted, under 
sections 93.44 to 93.51 and in the manner provided in chapter 
14, for the reclamation of minelands of the class for which the 
permit application is submitted.  This section does not apply to 
metallic minerals which are mined incidentally to the mining of 
a mineral included in any mineland reclamation rule and covered 
by the permit to mine which has been issued for the mining 
project.  
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved June 6, 1983