Nonferrous Metallic Minerals Mining Permit

The Office of Geological Survey within the Michigan Department of Enviromental Quality (DEQ), has responsibility for issuing permits to engage in the mining of metallic mineral deposits in Michigan under the authority of Part 632, Nonferrous Metallic Mineral Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of this permit is to ensure that proper mining and reclamation methods are carried out so as to protect the citizens and the environment.

A. NAME OF PERMIT OR APPROVAL:

Nonferrous Metallic Minerals Mining Permit

B. STATUTORY AUTHORITY:

Part 632, Nonferrous Metallic Mineral Mining, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by DEQ, Office Geological Survey

Part 632, Nonferrous Metallic Mineral Mining (R 425.101 - 425.602)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

• Any person, or operator, engaging in, or preparing to engage in, the mining nonferrous mineral deposits at the surface or in underground mines.

• This statute does not govern activities specific to mineral exploration. Mineral exploration is regulated under Part 625, Mineral Well, as Test Wells.

 2.  Pre-Application Requirements

Permit is valid for the life of the mine, but modifications or amendments to the permit may be made. The permit may be revoked for specified causes. The permit may be transferred to a new individual with approval of the DEQ.

 3.  Application Submission Requirements

• Application Statement

• All applications shall include a mining, reclamation, and environmental protection plan, as well as, an environmental impact assessment as prescribed part 632.

 4.  Procedures and Time-Frame for Obtaining Permit or Approval

• Applicant submits five copies of the preliminary Mining and Reclamation Plan to the Mining and Mapping Unit of the OGS.

• The OGS has 14 days to review the application and determine if it's administratively complete.

• The OGS will solicit comments, criticisms, or recommendations from other divisions within the DEQ and/or the Michigan Department of Natural Resources as part of the review process.

• Application data is posted on the internet at www.michigan.gov/deqogs . Large maps may not be included in web posting for technical reasons. Paper copies will be available at DEQ-OGS offices and selected localities in the area where the proposed mine would be located.

• The DEQ will publish a notice of intent to issue a Metallic Mining Permit and provide an opportunity to the public to examine and comment on the application.

• A public meeting will be held to hear public comment.

• The DEQ-OGS will review all materials and make recommendations to approve or deny the application.

• The OGS staff will review all information received and make a recommendation to the Chief of the OGS to issue or deny the permit.

• The DEQ issues or denies the permit.

 5.  Operational Requirements

• Applicant must comply with all requirements of Part 631, as well as, any special conditions set forth in the permit.

• Applicant must comply with the requirements of Part 91, Soil Erosion and Sedimentation Control, of NREPA.

• The Supervisor of Reclamation, or delegated staff, may conduct on-site inspections to verify compliance with the above regulations.

 6.  Fees

• A performance bond may be required by the DEQ to assure compliance with the regulations.

• Nonferrous Metallic mineral operators are assessed an application fee and an annual mining surveillance fee which is based on mineral production. A penalty is assessed for late payment of fees.

 7.  Appeal Process

The appeal of the agency determination by the applicant may be made at an administrative hearing conducted by the DEQ.

Subsequent appeal may be taken to a Circuit Court of relevant jurisdiction.

 8.  Public Input Opportunities

The decision maker in this process is the DEQ. Several opportunities for public input are described in Part 632. Notice mechanisms include the DEQ public notice process, which uses the DEQ Calendar and local newspapers, postings on the internet and email. The public comment period is the best opportunity for public input; public comment can be in the form of a comment at any public meeting or public hearing held by the DEQ, OGS, and/or in writing by e-mail or a letter.

E. MICHIGAN BUSINESS ONE STOP:

The Michigan Business One Stop (One Stop) www.michigan.gov/business is a tool designed to allow businesses to interact with the State of Michigan . The tool offers:

• a set of screening questions based upon your business sector to identify permits, licenses and registrations that may be required to do business in Michigan .
• an option to pay fees online. For many programs, you can pay your business license fee in One Stop through use of an online form and shopping cart.
• many online permit applications and renewals. When starting a new business and registering in One Stop, you will need to identify a business sector (also known as a NAICS Code). You can find your code at www.naics.com, select "Code Search."  After entering this code in One Stop and answering some screening questions, links to relevant permit applications will automatically be available in your newly created workspace. One benefit of accessing applications through One Stop is that you will receive status messages throughout the application process.

Using the One Stop provides many benefits to businesses in Michigan . By conducting your business through One Stop you can organize your State of Michigan transactions in one place. If you ever need assistance with One Stop, then you can contact the Customer Assistance Center at 877-766-1779; they are open from 7 am to 6 pm. One Stop is a valuable tool that offers many benefits to business. We hope you give it a try.

F. ADMINISTERING AGENCY:

Office of Geological Survey, Minerals and Mapping Unit, Michigan Department of Environmental Quality, P.O. Box 30256, Lansing, Michigan 48909-7756

• Program Phone: 517-241-1542

• Program Webpage:

• Environmental Assistance Center : 1-800-662-9278, e-mail: deq-ead-env-assist@michigan.gov

Creation/Revision Date:

October 2010