Summary of Michigan Metallic Mine Reclamation Permits

Part 631 deals primarily with open pit mining of iron ore.

The surface mining of metallic minerals is regulated by Part 631 , Reclamation of Mining Lands, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), including associated rules.  Other state regulations may also apply depending on the nature and location of the mining project.

Since 1997, a Metallic Mineral Mine Reclamation Permit, issued by the Department of Environmental Quality (DEQ), Office of Geological Survey (OGS), is required for surface mining of metallic minerals in Michigan.  It is the policy of the DEQ that all permit applications receive a thorough review, including opportunity for public input and comment.

Metallic mineral mining permit application requirements are described in Part 631.  Parties preparing a Part 631 Permit Application are encouraged to contact the OGS Minerals & Mapping Unit prior to developing materials to be submitted.

When the application documents are received by the OGS, the processing procedure varies depending on the nature and scope of the proposed mining operation.  The OGS conducts a preliminary review to determine completeness and accuracy of the application when it is received.  At this point, as well as anytime in the evaluation process, the applicant may be asked to revise the application, and/or provide additional technical information.  Based on the characteristics of the project, the application may be sent to other state government agencies for review and comment.

A Public Informational Meeting may be held early in the permit review process at a location near the proposed operation, particularly if it is a major or controversial project.  This provides the opportunity for the applicant to explain the project to the public.  Public input at this stage of the process is encouraged and is an integral part of the permit evaluation.

After agency review is complete, the OGS staff submits their recommendation to the Division Chief to either issue or deny the application.  Prior to issuance of the permit, a public notice of the intent to issue is made in the DEQ electronic calendar, and probably in one or more local newspapers.  If the OGS considers it necessary, and/or if requested by the public, a public hearing may be held before a final decision is made on the application.  This provides for the opportunity to receive further comment from the public.  The proposed permit may be further modified depending on the results of the public hearing.  The OGS Division Chief approves or denies the application.  The resulting permit which is issued for the life of the mining operation.  The approved permit may be subsequently modified or revoked for cause as described in Part 631 of NREPA.