The Office of Geological Survey (OGS), Minerals and Ground Water Unit,
Geological Services Section (GSS), within the Michigan
Department of Environmental Quality (MDEQ),
has responsibility for issuing permits to engage in sand dune mining within the
designated sand dune areas defined under the authority of Part 637, Sand Dune
Mining, of the Natural Resources and Environmental Protection Act, 1994 PA 451,
as amended (NREPA). The purpose of this permit is to protect sand dunes within
the Great Lakes sand dune areas.
A. NAME OF PERMIT OR APPROVAL:
Permit to Engage in Sand Dune Mining Within Great Lakes
Sand Dune Areas
B. STATUTORY AUTHORITY:
Part
637, Sand Dune Mining, Natural Resource and Environmental Protection
Act, Public Act 451 of 1994, as amended
C. APPLICABLE REGULATION:
Sand Dune Areas (R 281.401 - 281.413)
D. 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.
E. SUMMARY OF PERMIT/APPROVAL PROCESS:
1.
Applicability (activities that require the permit)
Any person, or operator, wishing to remove sand from a
designated sand dune area for commercial or industrial purposes.
2.
Pre-Application Requirements
Permit is valid for no more than five years and may be renewed if operations
have been carried out in compliance with the Act, the
rules promulgated thereby, and permit conditions.
3.
Application Submission Requirements
- Environmental Impact Statement
for the proposed activity
- Progressive cell-unit mining
and reclamation plan
4.
Procedures and Time-Frame for Obtaining Permit or Approval
- Applicant submits eight
copies of preliminary application and supplemental materials to OGS.
- The OGS reviews materials to
determine if application is complete; requests revisions if needed.
- If application is acceptable,
OGS distributes copies to other pertinent Michigan Department of Natural
Resources and MDEQ divisions for evaluation and solicits comments,
criticisms, or recommendations.
- The OGS reviews comments
received from other divisions and determines whether further revisions are
needed.
- If the preliminary
application is accepted by the department, it is considered administratively
complete and is designated as a "Draft Sand Dune Mining Proposal" which
begins a 120-day period within which the MDEQ must issue or deny the
permit.
- The MDEQ publishes a public
notice of the application for a sand dune mining permit.
- If the proposed action lies
within a barrier dune formation or the department determines it to be
significant or controversial, or a specific request is received, a public
hearing will be held by OGS staff.
- The OGS staff reviews all
information received and makes a recommendation to the Chief of the OGS to
issue or deny the permit.
- The OGS Chief issues or
denies the permit.
5.
Operational Requirements
- Applicant must comply with
all applicable rules and regulations and any stipulations set forth in the
permit.
- On-site inspections are
made.
6.
Fees
- Before sand is removed from
permitted area, a conformance bond in the amount of $20,000/cell-unit,
or $2,000/acre (whichever is greater) must be filed with the state.
- Sand dune mining operators
are assessed a fee of not more than 10 cents per ton of sand mined per
calendar year to cover cost of surveillance, monitoring, administration,
and enforcement of the Act.
7.
Appeal Process
- The appeal of the agency
determination by the applicant is provided in the form of an
administrative hearing with the final department decision being adopted by
the director of MDEQ.
- Subsequent appeal may be
taken to a circuit court of relevant jurisdiction.
8.
Public Input Opportunities
The decision maker in this process is the State Geologist, (who is also the
Chief of the OGS). There is a formal public notice process, which includes
notice in the DEQ Calendar and local newspapers. In addition, interested
parties may request to be notified of the public comment period through e-mail.
The 30-day public comment period is the best opportunity for public comment;
public comment can be in the form of a telephone call, an e-mail, or a letter.
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
- Environmental Assistance
Center: 1-800-662-9278,
e-mail: deq-ead-env-assist@michigan.gov
Creation/Revision Date:
October 2010
