Metallic Minerals Mining Permit

Agency: Environment, Great Lakes, and Energy

The Oil, Gas, & Minerals Division (OGMD), Minerals and Ground Water Unit, Geological Services Section (GSS), 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 631, Michigan Mine Reclamation Regulations, 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:

Metallic Minerals Mining Permit

B. STATUTORY AUTHORITY:

Part 631, Reclamation of Mining Lands, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Rules Administered by EGLE, OGMD

Mine Reclamation (R 425.1 - 425.49)

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 surface or open-pit mining of metallic mineral deposits.

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
  • Mining and Reclamation Plan as prescribed by Section 63103(b) of the Statute
 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 60 days to review the application and determine if it's accurate and complete. If the application is not accurate or complete, the applicant is so notified within the 60-day period. The OGMD must respond as to the completeness and accuracy of additional requested information within 30 days of receipt.
  • 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.
  • Upon completion of the review process, the OGMD must approve or deny a permit application within 60 days after making a determination that it is administratively complete.
  • 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.
  • The OGMD staff will review all information received and make a recommendation to the Chief of the OGMD to issue or deny the permit.
  • The Supervisor of Reclamation (Division Director of the OGMD) 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 the Natural Resources and Environmental Protection Act, 1994 P.A. 451, as amended.
  • 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 EGLE to assure compliance with the regulations.
  • Metallic mineral operators are assessed a metallic mining surveillance fee, which is levied on the annual metallic mineral production. The fee rate depends on what metallic mineral is produced as described in Section 63103(d)(1). 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 EGLE.

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 Division Director of the OGMD). There is a formal public notice process, which includes notice in the EGLE 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, e-mail, or a letter.

E.  ADMINISTERING AGENCY:

EGLE; Oil, Gas, & 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