Sand dune mining is regulated by Part 637, Sand Dune Mining, of the Natural Resources and Environmental Protection Act , 1994 PA 451, as amended (NREPA).  Other state statutes may also apply to mining activity including Part 91, Soil Erosion and Sedimentation Control of the NREPA, as well as several others depending on the location of the operation, type of mining, and other conditions.

A Sand Dune Mining Permit issued by the Department of Environmental Quality (DEQ), Office of Geological Survey (OGS) is required in order to conduct sand mining in Designated Sand Dune Areas of the state located within 2 miles of the Great Lakes shorelines.  It is the policy of the DEQ that all permit applications shall receive a thorough and timely review, including opportunity for public input and comment.

Sand mining permit application requirements are described in Part 637 of the NREPA.  In addition to obtaining a copy of the regulations, it is essential that applicants contact the OGS directly to determine details of the application requirements.  Often, the assistance of environmental consulting firms is utilized by permit applicants.

When the application is received by the OGS, the processing procedure varies somewhat depending on the nature and scope of the individual project.  The OGS conducts a preliminary review to determine completeness and accuracy of the application when it is received.   If incomplete or otherwise deficient, the application may be returned for revision.  Based on the characteristics and scope 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 site, particularly if it is a major or controversial project.  This will provide the opportunity for the applicant to explain the project to the public.  Public input at this stage of the process will be a part of the evaluation process, and may result in modifications of the application.

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 possibly 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 final approval of the permit application to receive comment from the public.  The permit application may be further modified depending on the result of the public hearing.

If and when the Sand Dune Mining permit is signed, conformance bonding according to the requirements described in the Part 637 statute, must be obtained before mining begins.  Permits are issued for a maximum period of 5 years, and can be renewed.

In the 26 years since the sand dune mining regulations were enacted in 1976, 33 mining permit applications have been received and processed by the DEQ.  At the present time, 14 sites have an active mining permit in effect.