LUPC Zoning Permit 779 - Wolfden Mt. Chase, LLC
Last Updated: March 20, 2020
The Maine Land Use Planning Commission received a zoning petition on January 27, 2020 to rezone approximately 197.5 acres of land from a General Management Subdistrict to a Planned Development Subdistrict (D-PD) in T6 R6 WELS. The proposed purpose of the D-PD subdistrict is for a metallic mineral mine and associated buildings and infrastructure. The zoning petition is subject to, and will be reviewed under, the Commission’s Chapter 12 rules (Mining and Level C Mineral Exploration Activities). Chapter 12 requires a public hearing to be held by the Commission prior to a final decision on the petition.
This web page is a source of information about the Commission’s review of the Wolfden Rezoning Petition, including the Commission’s review criteria and the process for evaluating the petition. Documents relating to each step in the process will be posted in the table below as soon as they are available. If you wish to receive email updates and notices related to the Commission’s review of this petition, please sign-up for petition updates on this webpage.
Public comments are welcome until the close of the record after the hearing. The LUPC encourages interested persons to submit written comments on this petition electronically to the e-mail address Wolfdenrezoning.LUPC@maine.gov. Written comments submitted in hard copy should be sent to the Maine Land Use Planning Commission, attention: Stacie Beyer, 22 State House Station, 18 Elkins Lane, Augusta, ME 04333-0022.
A public hearing notice will be published with details on the public hearing, including how to participate in the hearing, request intervenor status, and receive future notifications in advance of the hearing.
For additional information, contact Stacie Beyer at (207) 287-2631, or through the project e-mail address listed above.
Role of Land Use Planning Commission
A petitioner wishing to seek a metallic mineral mining permit from the Department of Environmental Protection under the Maine Metallic Mineral Mining Act (Title 38, chapter 3, subchapter 1, article 9) for a project located wholly or in part within the unorganized areas of the State must first petition and receive approval from the Commission for a change in the subdistrict boundary to a custom, Planned Development (D-PD) Subdistrict. The D-PD subdistrict is the only Commission zoning subdistrict that would allow for metallic mineral mining. The purpose of the D-PD subdistrict is to allow for large scale, well-planned development that depends on a particular natural feature or location that is available at the proposed site.
Criteria for Approval
Pursuant to 12 M.R.S.A., Section 685-A(8-A), no change in a district boundary shall be approved by the Commission unless there is substantial evidence that:
- The change would be consistent with the standards for D-PD Development Subdistrict boundaries in effect at the time; the Comprehensive Land Use Plan; and the purpose, intent and provisions of 12 M.R.S.A. Chapter 206-A; and
- The change in districting will have no undue adverse impact on existing uses or resources or a new district designation is more appropriate for the protection and management of existing uses and resources within the affected area.
Additional factors that the Commission must consider in reviewing a petition of this type are included in the Chapter 12 rules, Section 4,B.
Commission Review Process
The major steps of the Commission's review process are given below. Each step will be checked off once completed so that interested persons can follow the process.
- Receipt of initial zoning petition.
Upon receipt of the initial petition, the petition materials will be made available for public inspection and review.
- Review to determine if petition is acceptable for processing.
The LUPC staff performs an initial content review and identifies any deficiencies in the petition. The petitioner has a chance to submit additional information, as necessary. The staff then determines whether the petition is acceptable to begin the review process.
- Petition accepted for processing.
The determination for accepting an application for processing is governed by the Commission’s Chapter 4 rules (Rules of Practice), in particular Section 4.03,(8).
- Review of petition by Commission staff.
The LUPC staff undertakes a detailed review and analysis of the petition. This includes meetings with the petitioner, state and federal review agencies, and others to clarify issues and request more information as needed. The petition is mailed to various state and federal agencies for review and comment. The staff may also engage independent consultants to gather information on issues that staff believes to be necessary and legally relevant.
- Public hearing process.
Once the LUPC staff completes gathering and analyzing information and the petition is deemed complete, the Commission begins its formal public hearing process. The public hearing process enables the Commission to gather information and ask questions of the petitioner and others who may choose to testify and allows the petitioner and others the opportunity to address the Commission and answer questions. The public hearing process includes providing notice of the public hearings in newspapers and to interested parties, deciding on petitions to intervene, holding pre-hearing conferences, and hosting one or more public hearings to gather official public testimony regarding the proposal.
- After the public hearings.
After the public hearings, the hearing record remains open for at least 10 days to allow interested persons to submit written comments, and for at least an additional 7 days for filing rebuttal comments. After that time, the public hearing record may be reopened by the Commission, as necessary.
- Record closed.
No further testimony or evidence can be entered into the hearing record.
- Commission decision.
Once the hearing record is closed, the Commission will deliberate and decide on the proposal. This is typically scheduled at a regularly scheduled Commission business meeting.
Many of these documents are available for downloading in Adobe Portable Document Format (PDF). If you cannot open these files, download the free Adobe Reader® software for viewing and printing PDF files.
|Date||Project Update or Event||Additional Information|
|March 20, 2020||Public Comments (revised)||Public Comments Submitted Through 3/15/2020 (PDF 722KB)|
|March 6, 2020||Request for Information||LUPC Letter to Wolfden Requesting Additional Information (PDF 1.8MB)|
|February 27, 2020||Public Notice||Public Notice Documentation (PDF 5.8MB)|
|February 12, 2020||Commission Meeting||Commission Meeting Materials (PDF 16MB)|
|January 27, 2020||Estimated Time Line||Wolfden Rezoning Petition, Review Process: Overview of Estimated Timeline (PDF 118KB)|
|January 27, 2020||Petition||Wolfden Rezoning Petition (PDF 27MB)|