Nonferrous (metals other than iron) ores are mined for copper, gold nickel, platinum, silver, zinc and other metals.

Mining of nonferrous metals is regulated under Part 632 , Nonferrous Metallic Mining and Reclamation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA).  Part 632 was enacted in December, 2004.  Iron mining continues to be regulated under previously existing law, Part 631 of the NREPA.

Part 632 covers all aspects of nonferrous metal mining including transportation, storage, treatment, and disposal of ore, waste rock, and other materials.  A permit application under Part 632 must include an environmental impact assessment that describes baseline conditions, expected impacts to the mined area and surrounding affected areas, and alternatives.  An application must also include a detailed plan for mining and reclamation that would minimize impacts of the proposed operation, with special emphasis on preventing and controlling acid mine drainage; and a contingency plan for dealing with any accidents or failures. 

Part 632 provides extensive opportunities for public input, including a public meeting on an application and a public hearing on a proposed permit decision.  A permit can be granted only if the applicant demonstrates that the mining operation will not pollute, impair, or destroy the air, water, or other natural resources or the public trust in those resources in accordance with the Michigan Environmental Protection Act. 

Upon completion of mining, the mine site and associated lands must be reclaimed to achieve a self-sustaining ecosystem that does not require perpetual care.  Postclosure monitoring of water quality must be continued for at least 20 years, subject to modification after public review.  Part 632 requires a mining company to maintain financial assurance throughout the mining operation and the postclosure monitoring period.  The financial assurance must cover the cost for the DEQ to conduct any necessary reclamation and remediation measures and must be updated at least every three years.  Funding to cover the costs for the DEQ to administer the law comes from permit fees and from annual operating fees based on tons of material mined. 

Part 632 contains detailed provisions on reporting of accidents, investigation of complaints, and appeals of DEQ decisions.  It provides comprehensive enforcement tools, including suspension of mining operations, revocation of permits, and strict civil and criminal penalties.  If a company fails to correct a problem that threatens the environment or public health, the DEQ can take direct action to prevent and remediate any damage and pursue legal action to recover costs from the company. 

The DEQ has promulgated rules under Part 632 to provide details on permit requirements, environmental assessments, mining and reclamation plans, and financial assurance.  The rules include standards for construction, operation, and closure of nonferrous metallic mines, and set criteria for water monitoring, treatment and containment of ore and waste rock, and reporting.

Parties preparing a Part 632 Permit Application are encouraged to contact the OGS Minerals & Mapping Unit prior to developing materials to be submitted.