Michigan Laws 324.63405 – Mining permit; application
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Terms Used In Michigan Laws 324.63405
- Administratively complete: refers to an application for a mining permit under this part that includes the fee and all of the documents and other information required under this part and any rules promulgated under this part. See Michigan Laws 324.63401
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Conformance bond: means a surety bond that has been executed by a surety company authorized to do business in this state, cash, a certificate of deposit, a letter of credit, or other security filed by a person and accepted by the department to ensure compliance with this part or rules promulgated under this part. See Michigan Laws 324.63401
- Department: means the department of environmental quality. See Michigan Laws 324.63401
- Fund: means the small native copper mine surveillance fund created in section 63415. See Michigan Laws 324.63401
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- mining: means an operation to excavate or remove earth material that generates not less than 10,000 tons and not more than 75,000 tons of waste rock in a calendar year or disturbs not less than 1 acre and not more than 10 acres of land in a calendar year in the regular operation of a business for the primary purpose of extracting native copper by 1 or both of the following:
(i) Removing the overburden lying above natural deposits of native copper and excavating directly from the natural deposits thus exposed or by excavating directly from deposits lying exposed in their natural state. See Michigan Laws 324.63401Mining area: means all of the following:
(i) Land from which material is removed by surface or open pit mining methods. See Michigan Laws 324.63401Municipality: means a city, village, or township. See Michigan Laws 324.301 Operator: means a person that is engaged in or preparing to engage in mining activities, whether individually or jointly, or through agents, employees, or contractors, and that has overall responsibility for the mining activities. See Michigan Laws 324.63401 permit: means a permit issued under section 63405 for conducting mining activities. See Michigan Laws 324.63401 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Waste rock: means earth material that is excavated during mining, from which the economically recoverable native copper has been separated, and that is stored on the surface for 1 year or more. See Michigan Laws 324.63401
(1) A person shall not engage in mining activities except as authorized by a mining permit issued by the department. A separate mining permit is required for each mine.
(2) An application for a mining permit shall be submitted by the operator to the department on a form prescribed by the department. The application shall include all of the following:
(a) A permit application fee of $5,000.00. The department shall forward the permit application fee to the state treasurer for deposit in the fund.
(b) Provisions for a conformance bond as described in section 63409.
(c) A mining and reclamation plan as described in subsection (3) that addresses mining activities proposed in the application.
(3) The mining and reclamation plan required in subsection (2) shall include all of the following:
(a) A map or maps showing the locations and dimensions of the following:
(i) Proposed adits, shafts, underground mine workings, and surface pits.
(ii) Proposed overburden, waste rock, and ore stockpiles.
(iii) Any crushing, grinding, or separation equipment that will be utilized.
(b) A description of the mining methods that will be utilized.
(c) Plans and descriptions of measures that will minimize soil erosion and sedimentation during mining activities.
(d) A map and description of fencing or other techniques to minimize public safety hazards.
(e) Plans and schedules for reclamation of the mining area following cessation of mining activities. The plans and schedules shall address mining activities proposed in the application and provide for grading, revegetation, and stabilization that will do all of the following:
(i) Minimize soil erosion and sedimentation.
(ii) Protect public safety.
(iii) Establish conditions that promote future beneficial use and do not require perpetual care.
(f) Plans and schedules for baseline water quality sampling, which must be conducted before mining commences. Samples shall be collected from the existing water supply wells available for sampling and located within 1,320 feet of the proposed mining area. However, samples are not required from more than 3 such water supply wells. In addition, samples shall be collected from the nearest surface water body located within 1,320 feet of the proposed mining area, if any. The samples shall be analyzed for pH, copper, and nitrate using laboratory methods approved by the United States Environmental Protection Agency.
(4) Within 7 days after receiving an application for a mining permit, the department shall give notice in writing to the county and municipality where the mine is proposed to be located of the specific location of the proposed mine. Within 14 days after receiving an application for a mining permit, the department shall publish notice of the application in a newspaper of local distribution in the area of the proposed mine and shall post a copy of the application on its website.
(5) Subject to subsection (6), effective 14 days after the department receives an application for a mining permit, the application shall be considered to be administratively complete.
(6) If, before the date indicated by subsection (5), the department notifies the applicant that the application is not administratively complete, specifying the information or fee necessary to make the application administratively complete, the running of the 14-day period under subsection (5) is tolled until the applicant submits to the department the specified information or fee.
(7) Subject to subsection (8), the department shall grant or deny a mining permit within 45 days after an application is considered or determined to be administratively complete under subsection (5) or (6). If a mining permit is denied, the reasons shall be stated in a written report to the applicant.
(8) If the department determines that information in the application is insufficient to determine whether a permit may be granted, the department may request additional information or clarification from the applicant. The 45-day period under subsection (7) is tolled until the applicant submits the requested information.