Nonferrous Metallic Minerals Mining Permit

Agency: Environment, Great Lakes, and Energy

The Oil, Gas, and Minerals Division (OGMD) within the Michigan Department of Environment, Great Lakes, and Energy (EGLE), 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 EGLE, Oil, Gas & Minerals Division 

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 EGLE.

 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 OGMD.
  • The OGMD has 14 days to review the application and determine if it's administratively complete.
  • The OGMD will solicit comments, criticisms, or recommendations from other divisions within EGLE 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/egleoilgasminerals. Large maps may not be included in web posting for technical reasons. Paper copies will be available at EGLE-OGMD offices and selected localities in the area where the proposed mine would be located.
  • EGLE 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.
  • EGLE-OGMD will review all materials and make recommendations to approve or deny the application.
  • The OGMD staff will review all information received and make a recommendation to the OGMD Division Director to issue or deny the permit.
  • EGLE 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 EGLE 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 EGLE.

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

 8.  Public Input Opportunities

The decision maker in this process is EGLE. Several opportunities for public input are described in Part 632. Notice mechanisms include the EGLE public notice process, which uses the EGLE 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 EGLE, OGMD, and/or in writing by e-mail or a letter.

E. ADMINISTERING AGENCY:

EGLE; Oil, Gas, and Minerals Division; Minerals and Mapping Unit; P.O. Box 30256; Lansing, Michigan 48909-7756

  • Program Phone: 517-241-1542
  • Program Webpage:

 

Revision Date:

August 2019