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Minnesota Administrative Rules

6132.0300 SCOPE.

Subpart 1.

Permit required.

No person shall conduct a mining operation for nonferrous metallic minerals in this state without first obtaining a permit to mine from the commissioner. For the purpose of this subpart, a person must possess capital and provide financial and operational decision making necessary to conduct the mining operation.

Subp. 2.

Joint applications.

When two or more persons are or will be engaged in a mining operation, all persons shall join in the application, and the permit to mine shall be issued jointly.

Subp. 3.

Term of permit to mine.

The term of a permit to mine shall be the period determined necessary by the commissioner for the completion of the proposed mining operation including postclosure maintenance, based on information provided under part 6132.1100.

Subp. 4.

Applicability.

Parts 6132.0100 to 6132.5300 apply to nonferrous metallic mineral mining operations, except where iron is the predominant metal extracted, as follows:

A.

to all portions of a mining operation initiated after March 22, 1993, including new operations and reactivated inactive operations; and

B.

until adequate studies are completed to determine the extent to which regulation may be necessary and rules are adopted, no permit to mine shall be issued under parts 6132.0100 to 6132.5300 to a mining operation that includes:

(1)

the mining of radioactive ores for the commercial production of uranium, thorium, or any other material that is determined by the Nuclear Regulatory Commission to be essential to the production of fissionable materials; or

(2)

in-situ leaching as part of the beneficiating process.

Subp. 5.

Other rules, statutes, or ordinances.

Nothing in parts 6132.0100 to 6132.5300 waives the requirements of other applicable rules, statutes, or ordinances of a state or federal agency or political subdivision.

Statutory Authority:

MS s 93.44 to 93.51; 103G.222

History:

17 SR 2207

Published Electronically:

June 11, 2008

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569