reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63521 - Application Fee.

324.63521 Application fee.
Sec. 63521.
An application for a surface coal mining and reclamation permit shall be accompanied by an initial application fee. The initial application fee is $100.00.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63522 - Determination of Probable Hydrologic Consequences and Statement of Boring or Sampling Results; Performance; Cost.

324.63522 Determination of probable hydrologic consequences and statement of boring or sampling results; performance; cost.
Sec. 63522.
If the department finds that the probable total annual production at all locations of a surface coal mining operator will not exceed 100,000 tons, the determination of probable hydrologic consequences and statement of the results of test borings or core samplings required by section 63516, on the written request of the operator, shall be performed by a qualified governmental agency or private consultant designated by the department, and the cost of the preparation of the determination and statement shall be assumed by the department.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63525 - Application for Revision of Permit; Standards; Transfer, Assignment, or Sale of Rights; Review of Outstanding Permits; Revision or Modification of Permit Provisions; Conducting Action Regarding Permit Pursuant to MCL 24.271 to 24.292.

324.63525 Application for revision of permit; standards; transfer, assignment, or sale of rights; review of outstanding permits; revision or modification of permit provisions; conducting action regarding permit pursuant to MCL 24.271 to 24.292.
Sec. 63525.
(1) During the term of a permit, the permittee may submit to the department an application for a revision of the permit, including a revised reclamation plan. An application for a revision of a permit shall not be approved unless the department finds that reclamation as required by this part can be accomplished under the revised reclamation plan. An application for a revision is subject to part 13, except that the department shall establish standards for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures shall apply.
(2) A transfer, assignment, or sale of the rights granted under a permit issued pursuant to this part shall not be made without the written approval of the department.
(3) The department shall, within a time limit prescribed by rule, review outstanding permits. The department may require revision or modification of the permit provisions during the terms of the permit based on a change in technology or a change in circumstances.
(4) All action taken by the department under this section regarding the granting, modification, denial, or revision of a permit shall be conducted pursuant to chapters 4 and 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.292.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004
Compiler's Notes:
For transfer of powers and duties of department of history, arts, and libraries or the Michigan historical center relating to the identification, certification, and preservation of historical sites to the Michigan state housing development authority, see E.R.O. No. 2009-26, compiled at MCL 399.752.For transfer of powers and duties of the state historic preservation office relating to the identification, certification, and preservation of historical sites from the Michigan state housing development authority to the Michigan strategic fund, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-3 - Subpart 3 Permits (324.63514...324.63526) › Section 324.63526 - Construction of Subpart.

324.63526 Construction of subpart.
Sec. 63526.
This subpart does not exempt a permittee from obtaining any other permit, license, or permission to engage in any activity regulated by this part that is required by any other law of this state, any rule promulgated under a law of this state, or a zoning ordinance enacted by a local unit of government.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-5 - Subpart 5 Bonding (324.63528...324.63531) › Section 324.63528 - Certificate of Public Liability Insurance; Maintenance of Policy in Full Force and Effect; Rules.

324.63528 Certificate of public liability insurance; maintenance of policy in full force and effect; rules.
Sec. 63528.
(1) An applicant for a permit shall submit to the department, as part of each permit application, a certificate that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought. The policy shall be maintained in full force and effect during the terms of the permit or any renewal, including all reclamation operations.
(2) The department shall promulgate rules establishing standards for adequate public liability insurance coverage consistent with section 63516(2).
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-5 - Subpart 5 Bonding (324.63528...324.63531) › Section 324.63531 - Coal Exploration Operations; Rules; Notice of Intent to Explore; Violation of Section or Rules; Penalties; Maximum Amount of Coal Removable Pursuant to Exploration Permit.

324.63531 Coal exploration operations; rules; notice of intent to explore; violation of section or rules; penalties; maximum amount of coal removable pursuant to exploration permit.
Sec. 63531.
(1) Coal exploration operations that significantly disturb the natural land surface shall be conducted in accordance with rules promulgated by the department. The rules shall include, at a minimum, the requirement that prior to conducting the exploration a person must file with the department notice of intent to explore. The notice of the intent to explore shall include a description of the exploration area; the period of proposed exploration; provisions for reclamation in accordance with the performance standards in section 63527 of all lands disturbed in exploration, including excavations, roads, and drill holes; and the removal of necessary facilities and equipment.
(2) A person who conducts any coal exploration operations that substantially disturb the natural land surface in violation of this section or the rules promulgated under this section is subject to the penalties provided in section 63537.
(3) An operator shall not remove more than 250 tons of coal pursuant to an exploration permit without the specific written approval of the department.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-6 - Subpart 6 Underground Mining (324.63532...324.63533) › Section 324.63532 - Surface Effects of Underground Mining; Rules.

324.63532 Surface effects of underground mining; rules.
Sec. 63532.
The department shall promulgate rules applicable to the surface effects of underground mining that are consistent with the requirements of the surface mining control and reclamation act of 1977, and regulations adopted pursuant to that act by the secretary of interior of the United States relative to coal mining.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-7 - Subpart 7 Inspections and Monitoring (324.63534...324.63536) › Section 324.63535 - Sign.

324.63535 Sign.
Sec. 63535.
Each permittee shall conspicuously maintain at the entrances or visible areas of access to the surface coal mining and reclamation operations a clearly visible sign that sets forth the name, business address, and phone number of the permittee and the permit number of the surface coal mining and reclamation operations.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-7 - Subpart 7 Inspections and Monitoring (324.63534...324.63536) › Section 324.63536 - Information Obtained Under Article Available to Public With County Clerk.

324.63536 Information obtained under article available to public with county clerk.
Sec. 63536.
Copies of any records, reports, inspection materials, or information obtained under this subpart by the department shall be made available to the public with the county clerk of each county in the area of mining within 10 days after they are received by the department so that they are conveniently available to residents in the areas of mining.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-8 - Subpart 8 Fines and Penalties (324.63537...324.63541) › Section 324.63540 - Financial Interest of Department Employee in Coal Mining Operation Prohibited; Violation; Penalty.

324.63540 Financial interest of department employee in coal mining operation prohibited; violation; penalty.
Sec. 63540.
An employee of the department performing any function or duty under this part shall not have a direct or indirect financial interest in an underground or surface coal mining operation. A person who knowingly violates this subsection shall, on conviction, be punished by imprisonment for not more than 1 year, or a fine of not more than $2,500.00, or both.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-8 - Subpart 8 Fines and Penalties (324.63537...324.63541) › Section 324.63541 - Prohibited Acts; Violation; Penalty.

324.63541 Prohibited acts; violation; penalty.
Sec. 63541.
Except as permitted by a law of this state or the United States, a person shall not willfully resist, prevent, impede, or interfere with the department or any of its agents in the performance of duties pursuant to this part. A person who violates this section shall be punished by imprisonment for not more than 1 year, or a fine of not more than $5,000.00, or both.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-9 - Subpart 9 Inspection and Reclamation Fee (324.63542...324.63544) › Section 324.63542 - Inspection and Reclamation Fee; Amount; Rule; Quarterly Reports; Contents; Notice of Fee Due; Payment and Disposition of Fees.

324.63542 Inspection and reclamation fee; amount; rule; quarterly reports; contents; notice of fee due; payment and disposition of fees.
Sec. 63542.
(1) For the purposes of inspections and monitoring, and the administration and enforcement of this part, an operator is assessed an inspection and reclamation fee of not more than 25 cents per ton of coal mined, as determined by the department. The department shall establish, by rule, criteria for determining the amount of the inspection and reclamation fee. In making the determination of the amount of the inspection and reclamation fee, the department shall take into account funds made available to the department pursuant to the surface mining control and reclamation act of 1977, and funds from any other source for the purposes specified in this subsection. The total inspection and reclamation fees assessed annually shall not exceed the total amount appropriated to the department for the purposes specified in this subsection.
(2) An operator shall file quarterly reports with the department on a calendar year basis. The report shall include all of the following:
(a) The location of the mining operation and the areas mined during the quarter.
(b) A description of the progress of restoration and reclamation activities of the operator for the preceding quarter.
(c) The number of tons of coal mined during the quarter.
(3) Based on the information reported pursuant to subsection (2)(c), the department shall send the operator written notice of the amount of the fee due for the quarter. The operator shall pay the fee to the department within 30 days after receipt of the notice.
(4) The department shall deposit the inspection and reclamation fee in the state abandoned mine reclamation fund created by section 63510.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-9 - Subpart 9 Inspection and Reclamation Fee (324.63542...324.63544) › Section 324.63543 - Failure to Submit Quarterly Report as Grounds for Revocation of Permit; Penalty; Unpaid Fee and Penalty as Debt; Confidentiality of Fee and Reports; Disclosure.

324.63543 Failure to submit quarterly report as grounds for revocation of permit; penalty; unpaid fee and penalty as debt; confidentiality of fee and reports; disclosure.
Sec. 63543.
(1) Failure to submit a quarterly report constitutes grounds for revocation of a permit. An action taken by the department under this subsection shall be conducted pursuant to chapters 4 and 5 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.271 to 24.292 of the Michigan Compiled Laws.
(2) A penalty equal to 12% of the amount due, or $1,000.00, whichever is greater, shall be assessed against the operator for a fee not properly or promptly paid pursuant to section 63542. An unpaid fee and penalty shall constitute a debt and become the basis of a civil action against the operator to compel the payment of the debt.
(3) The inspection and reclamation fee and quarterly reports required by this subpart shall be confidential and shall not be subject to the disclosure requirements of the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws, except that disclosure may be made with the written consent of the operator filing the fee and report or pursuant to a court order.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-9 - Subpart 9 Inspection and Reclamation Fee (324.63542...324.63544) › Section 324.63544 - Prohibited Acts; Penalty.

324.63544 Prohibited acts; penalty.
Sec. 63544.
Any person, corporate officer, agent, or director, on behalf of an operator, who knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification regarding a report required in this subpart, shall be punished by imprisonment for not more than 1 year, or a fine of not more than $10,000.00, or both.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-10 - Subpart 10 Miscellaneous Provisions (324.63545...324.63549) › Section 324.63546 - Government Agency, Unit, or Instrumentality Proposed to Engage in Surface Coal Mining Operations; Compliance With Part.

324.63546 Government agency, unit, or instrumentality proposed to engage in surface coal mining operations; compliance with part.
Sec. 63546.
An agency, unit, or instrumentality of federal, state, or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage in surface coal mining operations that are subject to the requirements of this part shall comply with all provisions of this part.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-10 - Subpart 10 Miscellaneous Provisions (324.63545...324.63549) › Section 324.63547 - Part Inapplicable to Certain Activities.

324.63547 Part inapplicable to certain activities.
Sec. 63547.
This part does not apply to any of the following:
(a) The extraction of coal as an incidental part of federal, state, or local government financed highway or other construction under rules established by the department.
(b) The extraction of coal incidental to the extraction of other minerals if the amount of coal does not exceed 50 tons or 16-2/3% of the total tonnage of other minerals removed annually for purposes of commercial use or sale, whichever is less.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-10 - Subpart 10 Miscellaneous Provisions (324.63545...324.63549) › Section 324.63548 - Departures From Environmental Protection Performance Standards; Authorization.

324.63548 Departures from environmental protection performance standards; authorization.
Sec. 63548.
To encourage advances in mining and reclamation practices and to allow postmining land use for industrial, commercial, residential, or public use, including recreational facilities, the department may, with approval by the secretary of the United States department of the interior, authorize departures in individual cases and on an experimental basis from the environmental protection performance standards of this part. These departures may be authorized if the experimental practices are potentially at least as environmentally protective, during and after mining operations, as those required by this part; if the mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and if the experimental practices do not reduce the protection afforded public health and safety below that provided by this part.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-635 - Part 635 Surface and Underground Coal Mine Reclamation (324.63501...324.63549) › 451-1994-III-3-4-635-10 - Subpart 10 Miscellaneous Provisions (324.63545...324.63549) › Section 324.63549 - Right to Enforce or Protect Interest in Natural Resource Affected by Operation; Replacement of Water Supply.

324.63549 Right to enforce or protect interest in natural resource affected by operation; replacement of water supply.
Sec. 63549.
(1) This part shall not be construed as affecting the right of any person to enforce or protect, under applicable law, his or her interest in water or any other natural resource affected by a surface coal mining operation.
(2) The operator of a surface coal mining operation shall replace the water supply of an owner of an interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63702 - Sand Dune Mining Permit Within Critical Dune Area; “Adjacent” Defined.

324.63702 Sand dune mining permit within critical dune area; “adjacent” defined.
Sec. 63702.
(1) Notwithstanding any other provision of this part, the department shall not issue a sand dune mining permit within a critical dune area as defined in part 353 after July 5, 1989, except under either of the following circumstances:
(a) The operator seeks to renew or amend a sand dune mining permit that was issued prior to July 5, 1989, subject to the criteria and standards applicable to a renewal or amendatory application.
(b) The operator holds a sand dune mining permit issued pursuant to section 63704 and is seeking to amend the mining permit to include land that is adjacent to property the operator is permitted to mine, and prior to July 5, 1989 the operator owned the land or owned rights to mine dune sand in the land for which the operator seeks an amended permit.
(2) As used in this section, "adjacent" means land that is contiguous with the land for which the operator holds a sand dune mining permit issued pursuant to section 63704, provided no land or space, including a highway or road right-of-way, exists between the property on which sand dune mining is authorized and the adjacent land.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63703 - Great Lakes Sand Dune Areas; Comprehensive Study and Inventory.

324.63703 Great Lakes sand dune areas; comprehensive study and inventory.
Sec. 63703.
The department, by July 1, 1977, shall make or cause to be made a comprehensive study and inventory of Great Lakes sand dune areas in the state. The study and inventory shall include all of the following:
(a) An economic study of the current and projected sand dune mining practices in the state, showing where the sand is marketed, its uses, and the amount of sand reserves.
(b) A geologic study of sand areas within this state, other than Great Lakes sand dune areas, that would contain sufficient reserves and have properties suitable for use as foundry core and molding sands or for other uses of sand.
(c) Sand dune areas or portions of sand dune areas that, for environmental or other reasons, should be protected through purchase by the state or other persons or interests, or easements including the acquisition of mineral rights by the state, and a priority list of sand dune areas to be acquired by the department.
(d) An identification and designation of barrier dunes along the shoreline, showing their effect on aesthetic, environmental, economic, industrial, and agricultural interests in this state.
(e) Methods for recycling or reusing sand for industrial and commercial purposes, along with alternatives to the use of dune sand and its economic impact.
(f) Recommendations for the protection and management of sand dune areas for uses other than sand mining.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63704 - Sand Dune Mining; Permit; Requirements.

324.63704 Sand dune mining; permit; requirements.
Sec. 63704.
(1) A person shall not engage in sand dune mining within Great Lakes sand dune areas except as authorized by a permit issued by the department pursuant to part 13.
(2) Prior to receiving a permit from the department, a person shall submit all of the following:
(a) A permit application on a form provided by the department.
(b) An environmental impact statement of the proposed mining activity as prescribed by section 63705.
(c) A progressive cell-unit mining and reclamation plan for the proposed mining activity as prescribed by section 63706.
(d) A 15-year mining plan as prescribed by section 63707.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63705 - Environmental Impact Statement.

324.63705 Environmental impact statement.
Sec. 63705.
The environmental impact statement submitted to the department shall comply with the requirements of the department and shall include, but is not limited to, the following:
(a) The compatibility of the proposed sand dune mining activity with adjacent existing land uses or land use plans.
(b) The impact of the proposed sand dune mining activity on flora, fauna, or wildlife habitats.
(c) The economic impact of the proposed sand dune mining activity on the surrounding area.
(d) The effects of the proposed sand dune mining activity on groundwater supply, level, quality, and flow on site and within 1,000 feet of the proposed sand dune mining activity.
(e) The effects of the proposed sand dune mining activity on adjacent surface resources.
(f) The effect of the proposed sand dune mining activity on air quality within 1,000 feet of the proposed sand dune mining activity.
(g) Whether the proposed sand dune mining activity is located within any of the following:
(i) 1,000 feet of a residence.
(ii) 2,000 feet of a school.
(iii) 500 feet of a commercial development.
(h) Alternatives, if any, to the location of the proposed sand dune mining activity and the reasons for the choice of the location of the proposed sand dune mining activity over those alternatives.
(i) A description of the environment as it exists prior to commencement of sand dune mining activity of area of the proposed sand dune mining activity. The environmental impact statement shall provide the greatest detail of the areas and the environmental elements that receive the major impacts from the proposed activity, but also shall include areas that may be impacted as an indirect result of the project.
(j) An inventory of the physical environmental elements of the proposed site. The inventory shall be conducted at a time or at different times of the year that will provide the most complete information regarding the existing conditions of the area that will be impacted directly or indirectly by the proposed activity.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63707 - Fifteen-Year Mining Plan; Submission of Duplicate Copy of Cell-Unit Mining and Reclamation Plan.

324.63707 Fifteen-year mining plan; submission of duplicate copy of cell-unit mining and reclamation plan.
Sec. 63707.
(1) The 15-year mining plan shall include the following:
(a) The location and acreage of sand dune areas presently being mined and the amount of sand being mined.
(b) The location and acreage of sand dune areas not presently being mined but planned for that purpose and the amount of sand planned to be mined.
(c) A schedule indicating when the mining activity will begin in each sand dune area and the probable termination date of mining activities in each area.
(d) Additional information requested by the department.
(2) A duplicate copy of the cell-unit mining and reclamation plan shall be submitted to the soil conservation district in the county where the mining activity is proposed to occur. The soil conservation district shall have 30 days after receipt of the plan to review the proposal and submit written comments to the department.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63708 - Sand Dune Mining Permit; Duration; Renewal; Contents; Reasons for Permitting Removal of Barrier Dune; List of Pending Applications.

324.63708 Sand dune mining permit; duration; renewal; contents; reasons for permitting removal of barrier dune; list of pending applications.
Sec. 63708.
(1) A sand dune mining permit issued by the department is valid for not more than 5 years. A sand dune mining permit shall be renewed if the sand dune mining activities have been carried out in compliance with this part, the rules promulgated under this part, and the conditions of the sand dune mining permit issued by the department.
(2) The sand dune mining permit shall state any conditions, limitations, or other restrictions determined by the department, including any setback from the ordinary high-water mark of a Great Lake for the protection of the barrier dune.
(3) In granting a sand dune mining permit, if the department allows for the removal of all or a portion of the barrier dune pursuant to this part, it shall submit to the commission written reasons for permitting the removal.
(4) The department shall provide a list of all pending sand dune mining applications upon a request from a person. The list shall give the name and address of each applicant, the legal description of the lands included in the project, and a summary statement of the purpose of the application.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63709 - Denial of Sand Dune Mining Permit.

324.63709 Denial of sand dune mining permit.
Sec. 63709.
The department shall deny a sand dune mining permit if, upon review of the environmental impact statement, it determines that the proposed sand dune mining activity is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in those resources, as provided by part 17.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63710 - Extraction of Sand or Other Minerals by State.

324.63710 Extraction of sand or other minerals by state.
Sec. 63710.
The state or an instrumentality of the state shall not engage in the extraction of sand or other minerals from a sand dune area, except as required in the interest of public health and safety in an emergency situation resulting from a disaster as defined in section 2 of the emergency preparedness act, Act No. 390 of the Public Acts of 1976, being section 30.402 of the Michigan Compiled Laws.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63713 - Rules.

324.63713 Rules.
Sec. 63713.
The department shall promulgate rules to implement and administer this part.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714) › 451-1994-III-3-4-637 - Part 637 Sand Dune Mining (324.63701...324.63714) › Section 324.63714 - Suspension or Revocation of Permit; Restraining Order, Injunction, or Other Appropriate Remedy; Violation as Misdemeanor; Penalty.

324.63714 Suspension or revocation of permit; restraining order, injunction, or other appropriate remedy; violation as misdemeanor; penalty.
Sec. 63714.
(1) If the department finds that an operator is not in compliance with this part, the rules promulgated under this part, or a permit issued under this part, the department may suspend or revoke the permit.
(2) At the request of the department, the attorney general may institute an action in the circuit court for a restraining order or injunction or other appropriate remedy to prevent or preclude a violation of this part, a permit issued under this part, or the rules promulgated under this part. This shall be in addition to the rights provided in part 17.
(3) A person who violates this part or a permit issued under this part is guilty of a misdemeanor, punishable by a fine of not more than $5,000.00.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-5 - Subchapter 5 Peat Extraction From State Owned Lands (324.64101...324.64111) › 451-1994-III-3-5-641 - Part 641 Peat Extraction From State Owned Lands (324.64101...324.64111) › Section 324.64101 - “Peat” Defined.

324.64101 “Peat” defined.
Sec. 64101.
As used in this part, "peat" means a deposit of unconsolidated, naturally occurring soil material consisting of decomposed and partially decomposed mosses, sedges, trees, and other wetland plants, having 12% or greater organic carbon content on a dry weight basis.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-5 - Subchapter 5 Peat Extraction From State Owned Lands (324.64101...324.64111) › 451-1994-III-3-5-641 - Part 641 Peat Extraction From State Owned Lands (324.64101...324.64111) › Section 324.64102 - Contracts for Taking of Peat From State-Owned Lands.

324.64102 Contracts for taking of peat from state-owned lands.
Sec. 64102.
Subject to the requirements of this part, the department may make contracts with persons for the taking of peat from state owned lands upon terms consistent with this part, if not less than 10% of the surface area of all eligible and potentially leasable parcels of state owned land containing peat is set aside and preserved in its original natural state as a unique, irreplaceable natural resource of significant historical value.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111) › 451-1994-III-3-5 - Subchapter 5 Peat Extraction From State Owned Lands (324.64101...324.64111) › 451-1994-III-3-5-641 - Part 641 Peat Extraction From State Owned Lands (324.64101...324.64111) › Section 324.64104 - Nomination of Parcel; Fee; Direct Lease Contract.

324.64104 Nomination of parcel; fee; direct lease contract.
Sec. 64104.
(1) Except as provided in subsection (4), contracting for the taking of peat from state owned lands shall be initiated by the nomination of a parcel of land as provided in this section.
(2) Upon completion of the inventory and classification described in section 64103, a private party or the department may nominate a parcel classified as leasable for the taking of peat.
(3) A nomination by a private party shall be accompanied by a fee established by the department. The fee established shall be a nominal sum to assist in defraying the cost to the state of holding public auctions as described in section 64105. The fee shall be deposited in the fund created in section 64108.
(4) The department may enter into a direct lease contract for the taking of peat from state owned land classified as leasable under section 64103 upon obtaining from the direct lease applicant the same information described in section 64105(4) and upon consideration of the direct lease contract in the same manner as required by this part for a contract for the taking of peat from a nominated parcel. The department may enter into a direct lease contract for the taking of peat from state owned land classified as leasable only under either of the following circumstances:
(a) For the completion of an extraction operation area.
(b) For the consolidation of fractional interests owned or controlled by the applicant for the direct lease contract.
History:
Add. 1995, Act 57, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA