February 24, 2014 Committee on Environment and Natural Resources c/o Legislative Information 100 State House Station

Augusta, ME 04333 TESTIMONY BEFORE THE ENVIRONMENT AND NATURAL RESOURCES COMMITTEE REGARDING THE PROPOSED MINING RULES Dear Senator Boyle, Representative Welch and Members of the Committee: I am not opposed to the extraction of metallic minerals in Maine, but I am committed to rigorous oversight, with tough, clear and effective rules that are vigorously enforced. I don't want Maine citizens left holding the bag. It is apparent that BEPs proposed mining rules were developed as part of a flawed, limited and nontransparent process and consequently do not regulate mining in a way that will adequately protect Maine's environmental resources. I believe that we should allow metallic mining only when we are persuaded, based upon strict criteria, that the affected communities and our natural resources will be fully protected. Responsible mining regulation should require that the applicant demonstrate that the activity will not compromise air quality and ground and surface water quality, that untreated water will be restored within a defined period of time and that mine operations will comply with all applicable local, state and federal environmental regulations. In addition, the operator must demonstrate that it can meet its financial obligations by putting in place for an appropriate period of time (perhaps in perpetuity), a satisfactory bond or other verifiable arrangement. These financial assurances must include the mining operators responsibility for adequate environmental protections during and after mining operations. I also believe that just as important as financial assurance is reasonable assurance that estimates of the costs of compliance and remediation will be reliable. To that end, the Department of Environmental Protection should be required to obtain third-party assistance to review the mining companies estimates and their methods of providing financial assurance; further, those third party costs must be borne directly by the mining operator, not by Maine taxpayers. Because the rules do not accomplish these ends and thus do not sufficiently protect the state and its citizens from financial liability, I urge the Legislature to reject the rules in their entirety and to direct the Governor and the Department to reconsider the rule making process and revise the proposed rules based on public comments previously submitted and other testimony presented to this Committee. Thank you for considering my concerns. Sincerely, Eliot R. Cutler

Eliot R. Cutler eliot@cutlerformaine.com

PO BOX 17766

PORTLAND, MAINE 04112

207.358.7000

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