Part 632 Rules
Subgroup 1 – EIA, Hydrogeological Report
DRAFT 3 February 17, 2005
Revisions to Draft 2 (January 28, 2005) based on February 3 - 4, 2005 revisions of Subgroup in strike and bold
[Notes]
PART 2. PERMITS
Environmental Impact Assessment
Rule 202. (1) The environmental impact assessment required under Rule 201(1)(c) shall include, but is not limited to, the following:
(a) For each of the conditions and features listed in subrule (2):
(i) An identification and description of the condition or feature as it currently exists within the mining area and the affected area.
(ii) An identification of the proposed mining activities that may impact the condition or feature, and the environmental pathway process or mechanism through which the impact may occur.
(iii) An evaluation of the potential impacts of each proposed mining activity activities on the condition or feature.
(iv) A reference to the measures proposed to be taken under the environmental protection plan to reduce or mitigate the potential impacts. If the measures are not required under this part, the environmental impact assessment shall identify the state or federal statutes or regulations, if any, under which the measures are required.
(iv) (v) A map and, where appropriate, photographs showing the affected area for the condition or feature, and a description of the basis for determining the affected area.
(b) An evaluation analysis of the potential cumulative impacts on each of the conditions or features listed in subrule (2) within the mining area and the affected area from all proposed mining activities and through all environmental pathways processes or mechanisms. The analysis shall include an evaluation of feasible and prudent alternatives for the mining activities consistent with the reasonable requirements of the public health, safety, and welfare, and a description of why the chosen alternative is preferred. The cumulative impact is the impact that results from the proposed mining activities when added to other past, present, and reasonably foreseeable future activities. [Moved to Definitions]
(c) The name and qualifications of the person or persons who prepared the environmental impact assessment.
(d) A description of the methodologies applied, including:
(i) Quality assurance and quality control.
(ii) Information that demonstrates that the methodologies are appropriate and effective, or are widely used and generally accepted.
(e) The sources of information used.
(2) The requirements of subrule (1) apply to the following conditions and features including, but not limited to, the following:
(a) Topography, drainage,.
(b) Soil type(s) and surficial and bedrock geology.
(c) Aquifers, including the thickness of the aquifer, depth to groundwater, groundwater flow direction, hydraulic conductivity, hydraulic gradients, groundwater velocity, 3-dimensional flow path within the aquifer, and interconnection between aquifers.
(b) (d) Natural or artificial lakes, ponds, impoundments, rivers, streams, creeks, drains, and springs, including both of the following: [This language is consistent with Parts 31, 301, and 303 of the NREPA and associated rules].
(i) Observed levels or discharge rates.
(ii) Predicted seasonal and long-term variations of levels or discharge rates.
(e) Groundwater and surface water quality, including all of the following:
(i) Specific conductance as an indication of dissolved solids.
(ii) Temperature.
(iii) Concentrations of all of the following substances:
(A) Cations of calcium, sodium, magnesium, potassium, and iron.
(B) Anions of chloride, sulfate, and bicarbonate.
(C) The pH.
(D) Other dissolved elements and compounds that may be affected by the mining activities.
(iv) Predicted seasonal and long-term variations of the parameters listed in paragraphs (i) through (iii).
(f) Any known occurrence of groundwater that is contaminated so that a property is a facility as defined by part 201 of the act.
(g) Representative private water supply wells.
(h) All municipal water supply wells.
(i) Irrigation and disposal wells.
(j) Wellhead protection areas.
(k) Floodplains, Great Lake shorelines, and wetlands. [This language is consistent with Parts 31, 303, and 323 of the NREPA and associated rules].
(l) Natural rivers as defined in section 30501 of the act.
(n) Existing background quality, temperature, and discharge rates of surface water.
(c) Residences.
(d) (m) Schools. Residential dwellings, places of business, places of worship, schools, hospitals, government buildings, or other buildings where people are usually present at least 4 hours per day.
(e)
(f) (o) The following recreational resources as designated by state or federal statute, administrative rule, or other documented action: Areas actively maintained for public recreation.
(i) National or state parks.
(ii) Wilderness areas.
(iii) Wildlife refuges and areas.
(iv) Scenic or natural rivers.
(v) Scenic overlooks.
(vi) Bicycle or hiking trails.
(vii) Agricultural and silvicultural resources.
(g) (p) Characterization of the sizes of tracts of land, existing land Land uses, land access, general size and shape of tracts of land, and land use trends.
(h) (q) Species and abundance of aquatic and terrestrial flora and fauna.
(i) (r) Fish and wildlife habitats.
(j) (s) Threatened species or endangered plant or animal species as defined in part 365 of the act or in the endangered species act of 1973, Public Law 93-205, 87 Stat. 884.
(t) Species of special concern [Marv Roberson to research]
(k) (u) Non-native or invasive plant and animal species. ["non-native" or "invasive" are used elsewhere in NREPA].
(l) (v) Ecological systems as identified in recognized published sources. [Marv Roberson to provide examples]
(m) (w) Cultural, historical, or archaeological resources. [See definition of this term under Rule 103]
(n) Existing background quality, temperature, and discharge rates of surface water.
(o) Existing background quality, temperature, level, and flow patterns of groundwater.
(p) (x) Air quality.
(q) (y) Climatology.
(r) (z) Visual resources.
(s) (aa) Noise.
(t) (ab) Light.
(u) (ac) Natural seismicity Seismicity.
(3) Information required by rules promulgated under another part of the act or under other state or federal law shall satisfy the requirements for an environmental impact assessment under these rules to the extent that the information covers the area and activities as required under this part.
[Provisions of Rule 204, Hydrogeological Report, were modified and incorporated into Rule 202 and the Rule for the Environmental Protection Plan.]