Section 096-200-9-36 - Pre-application sampling and testing planAs part of the mandatory preapplication process, prior to submission of an exclusion application pursuant to Section 38 of this Subchapter, the applicant must submit in writing a sampling and testing plan for mine waste, including ore, to the Department for review and approval. The sampling and testing plan may include sampling and testing already completed in accordance with Subchapter 2 of this Chapter. The submission of sampling and testing plans for review, and the Department's review and approval or rejection of such plans, are not subject to Chapter 2 of the Department's Rules and are not final licensing decisions. Sampling and testing plans shall include but are not limited to:
A. Geologic information and proposed exclusion area. The sampling and testing plan must include available information on geologic resources, including: (1) A geologic map showing known geologic units, stratigraphy, structures, fault systems, borings, cross sections, and the proposed exclusion area;(2) The results of mineralogical or chemical analyses already undertaken at the site; and(3) Other relevant, available geologic information.B. Sampling locations. The plan must show the locations and depths of the proposed rock samples. The locations and depths of sampling must be representative of the full extent of materials that will be exposed as a result of the physical extraction activities proposed for exclusion. The plan must include a minimum of four sampling locations per acre of exclusion area, except that the Department may require fewer than four but no fewer than two sampling locations per acre if the Department determines that the geology is uniform and not complex and that requiring fewer than four but no fewer than two sampling locations per acre is appropriate. In cases where the geology is more complex, the Department may require more samples in order to achieve a representative sampling.C. Sampling methods. The plan must describe the methods of obtaining samples, sample sizes, sample preparation, sample shipment, testing schedule, and chain-of-custody methods to be employed and must provide justification for the use of such methods.D. Sampling qualifications. The plan must describe the qualifications of the person or people charged with collecting the samples. The samples must be collected by a qualified professional.E. Testing. The plan must include the types of laboratory testing proposed to demonstrate that the criteria in Section 39 have been met. For any analysis subject to 22 M.R.S. §567, the analysis must be performed by a certified laboratory. This must include, but is not limited to: (1) Analyses required in Section 20(E)(2) of this Chapter. The metal leaching and acid generating potential must be determined by a static test method and confirmed by a kinetic test method;(2) Analyses required to test for radioactivity of materials that will be exposed or handled at the mine site as a result of the activities proposed for exclusion; and(3) Any other testing necessary to demonstrate that the activities proposed for exclusion will meet the criteria in Section 39.06-096 C.M.R. ch. 200, § 9-36