Frequently Asked Questions

Question:What state agency manages mineral development on state land? *

Question:What agency controls erosion, pollution, and land reclamation associated with test well drilling and mining? *

Question:How does the state regulate test wells drilled to explore for minerals? *

Question:What safeguards do the regulations require to prevent damage to the environment from drilling of test wells? *

Question:How close can a test well be located to a river or lake? *

Question:What are the state requirements for capping or plugging of test wells? *

Question:How many metallic mineral mines are there in Michigan? Are there any that tap deposits similar to the one identified in Menominee County? *

Question:What are the state requirements for mine reclamation? *

Question:How does the state protect the air, water, soil, and adjacent property from damage or contamination by mining operations, particularly from acid mine drainage or the use of cyanide or other hazardous chemicals? *

Question:Does the state require a mine operator to report spills or releases of potential contaminants? *

Question:Are bonds required for test wells or mining operations? *

Question:What staff does the DEQ have to carry out permitting, inspection, and enforcement activities for mining operations? Do they have experience and expertise in mining, particularly with sulfide mines? *

Question:How much state land is leased or permitted for mineral exploration and production in Menominee County? To whom is the land leased? *

Question:What does the state receive for leasing mineral rights of state-owned land to private companies? What royalties would the state receive from metallic mineral mines? *

Question:What are the public noticing requirements for leasing of state land for mineral exploration? *

Question:Who oversees drilling or mining operations to assess damage to trees and other surface values on state land, and how is the state compensated? *

Question:Who is responsible for preventing and repairing damage to county roads from mineral exploration operations? *

Question:Does the state oversee mineral ownership claims where the mineral rights are privately owned? Why weren’t surface owners notified when the Notice of Interest is filed? *

Question:What is the status of the Crandon Mine in Wisconsin? *

Question:Is the Department of Environmental Quality and our state laws prepared to accurately protect our natural resources; water, land, air, and endangered species today and for all future generations to follow? *

Question:Will there be an Environmental Impact Statement issued before permitting? *

Question:Will the citizens of this county have an opportunity to be heard and will the agency listen to the citizen's comments before permitting? *

Question:Does the mining company have to disclose every mineral they will mine during permitting and the beneficiation processes to be used, or do they just have to disclose the major mineral being mined? *

Question:If gold is mined will a full disclosure of processing (cyanide leaching) have to be disclosed before permitting? Do our state laws allow the DEQ to require disclosure of mining processing? *

Question:Will the possibility of weather extremes in Upper Ml be used as a factor of permit location of a mine or are these risks, of known flooding, not considered? *

Question:What bonding requirements are in place in the state of Michigan for metallic mineral mines? *

Question:Is the infrastructure of the county, where the mine will be located, taken into consideration for permitting of a metallic mineral mine? *

Question:What 'back-up’ plan would the DEQ require from the mining company if some unforeseen pollution were to happen to our water or damages to real estate values? Will home owners be compensated? What would the compensation be? Who pays this compensation; the state or the mining company? *

Question:Once a company is permitted for metallic mineral mining, can they 'sell, lease or turnover' the permit to another mining company without additional review by the state DEQ? *

Question:What environmental 'track record’ requirements does the DEQ have for a metallic mineral mining company to receive a permit? Does this 'track record' include reclamation history? *

Question:If Menominee and Marquette (Kennecott mining) counties are both permitted by the DEQ for metallic mineral mines, will the state DEQ be staffed to follow both permits to assure there are no environmental catastrophes or long term pollution? *

Question:Is the state of Michigan's environmental agencies prepared to put at risk polluting the Great Lakes; 20 percent of the World's fresh water and the source of drinking water for 28,000,000 people, by permitting metallic mineral mines? *

Question:What royalties will the state receive from a metallic mineral mine in the state of Michigan? Which 'fund’ receives the royalties or do they go into the state's fund? *
 
 

Mining is not presently occurring in the area.

In most of the state, Part 625 requires a permit for a test well that penetrates 50 feet or more into bedrock or below the deepest fresh water aquifer. However, a permit is not required for test wells where the bedrock is Precambrian in age, although these wells must meet all other requirements of Part 625. The Precambrian bedrock area covers roughly the west half of the Upper Peninsula, and includes the western edge of Menominee County where the current test well drilling is occurring. Drilling records of test wells must be submitted to the DEQ, but they are held confidential until the company releases them.

All test wells on state land require a Use Permit from the DNR.

Leases issued by the DNR may include set-back distances from water bodies that range from 300 to 1,320 feet. These set backs are only applicable to state-owned lands covered by the lease contract. The DNR may grant site-specific exceptions to the lease set backs on state-owned lands.

For mining operations on state land, the DNR establishes site-specific reclamation requirements in the leases.

A number of other provisions of the NREPA also apply to mines and associated mineral processing facilities. Air emissions are subject to a permit and regulation under Part 55, Air Pollution Control. Part 31, Water Resources Protection, requires a permit and sets strict standards for any discharge to surface water or groundwater. Waste rock stockpiles and tailings basins are subject to permitting and regulation under Part 115, Solid Waste Management, unless they are tested and certified to be inert. If a mining operation involves dredging or depositing fill in a lake or stream, a permit is required under Part 301, Inland Lakes and Streams. A permit is required under Part 303, Wetlands Protection, for any disturbance of a wetland. Any significant earth-moving activity is subject to regulation under Part 91, Soil Erosion and Sedimentation Control. Part 201, Environmental Remediation, requires a responsible party to cleanup any contamination and prevent it from worsening or migrating to adjacent properties. A number of other regulatory requirements may apply to mining operations, depending on the exact nature of the operation.

Michigan’s regulatory requirements under these statutory provisions are similar to those of other states. Michigan administers many of the above regulatory programs under delegation from the U.S. Environmental Protection Agency, and our programs must meet strict federal criteria.

Mining operations may be required by the DEQ to be covered by a bond if it appears the operator does not have the financial ability to comply with the rules under Part 631.

The DNR requires lease performance bonds for state of Michigan leases, which can be used for such things as site restoration, well plugging, and royalty payments. The bonding amount is based on the total number of acres and ranges from $10,000 to $50,000.

In the mine reclamation program (Part 631), the DEQ has a staff geologist stationed at the Gwinn Office who has over ten years of experience in regulation of mining for the state of Minnesota, including experience with environmental assessments and acid mine drainage issues. In addition, DEQ managers in the Lansing Office have many years of experience in the mine reclamation program. DEQ staff in the air, water, waste management, remediation, and associated environmental programs has extensive experience in their respective program areas. While most of that experience relates to operations other than mining, the same fundamental principles apply.

DEQ staff has prior experience with the White Pine Mine, the only major sulfide mine in Michigan. In addition, staff is currently reviewing and evaluating the requirements and experiences of other states, including Wisconsin and Minnesota, in regulating sulfide mines. If a mining company decides to develop a mine in Menominee County, DEQ staff will conduct a more intensive review based on the specific facts of the proposed operation.

In addition to the legal requirements, the DNR also sends a notice directly to all surface owners who have state-owned minerals underlying their surface. The notice provides general information on the leasing process and a contact for receiving property-specific information. A notice is also published in the DNR’s monthly calendar of events, which is available on our web site.

The DEQ's regulatory foundation is found in numerous statutes. You can find these statutes and and the corresponding rules at www.michiganlegislature.org.  Michigan’s environmental regulations are complied under ACT 451 of the Public Acts 1994.  You can search for this Act and any of the separate "PARTS" (individual statutes). A list of statutes (parts of Act 451) that might apply in any given mineral development venture includes:

Part 31 - Water Resources Protection Act

Part 55 - Air Pollution Control Act

Part 303 - Wetlands Act

Part 353 - Sand Dune Protection and Management Act

Part 363 - Endangered Species Act

Part 625 - Mineral Wells Act

Part 635 - Surface & Underground Coal Mine Reclamation Act

Part 637 - Sand Dune Mining Act

Additional DEQ PERMITS may be needed for the following:

Solid Waste Disposal Facility Construction permit, issued by Waste and Hazardous Materials Division. An application is subject to public notice requirements. A hearing may be held upon request of the applicant or the municipality in which the facility is to be located or after petition by 10% of registered voters in the municipality who voted in the last gubernatorial election. Expires 1 year after issuance unless development is initiated.

Solid Waste Facility Operating License, issued by Waste and Hazardous Materials Division. Not subject to public hearing; the clerk of the municipality is notified of the decision of DEQ to issue the license. The license expires in two years and is renewable upon payment of a renewal application fee.

National Pollutant Discharge Elimination System (NPDES) permit, issued by Water Division. Required if discharges of wastewater into navigable waters are anticipated. The permit is subject to a 30-day public notice; a hearing may be held.

In addition to the considerations listed above the operation has to exist within the framework defined by local statutes, regulations and ordnances.

PERMIT INFORMATION: The Department of Environmental Quality (DEQ) has prepared a list of key questions to help identify what departmental permits, licenses, or approvals of a permit-like nature may be need for a project. The checklist is available on line at the DEQ web site at http://www.deq.state.mi.us/documents/deq-ead-permits-eqp3580.pdf

Part 1. General Provisions

R 425.2 Definitions.

Rule 2. … (3) "Environment plan" means an operator's written proposal for reclamation of the mining area or portion thereof. …

R 425.8 Environment plan.

Rule 8. (1) Upon request of the supervisor, an operator shall submit his long-range environment plan for the mining area.

(2) An operator, on his own initiative, may submit an environment plan covering the mining area or any portion thereof to the supervisor at any time prior to abandonment.

(3) An environment plan shall include the following:

(a) A detailed description of the mining area.

(b) The reclamation problems involved.

(c) The operator's plan of action to prevent erosion and pollution, to attain revegetation, and to achieve the ultimate reclamation of the mining area in accordance with the purposes and requirements of the act and the rules adopted there under.

(d) An estimate time schedule for completion of the plan, and the proposed purpose for which the land is to be used upon completion.

(e) Estimated cost of reclamation.

(f) Other pertinent information that the supervisor may deem necessary.

(4) If circumstances warrant, or if development of an environment plan is dependent upon unknown factors which cannot or will not be determined except during the progress of the operation, a partial plan may be submitted and supplemented as new plans are developed.

(5) If the surface landowner and the operator are 2 separate persons, the surface landowner shall be given an opportunity to comment on the operator's environment plan before the operator submits the plan to the supervisor.

R 425.9 Evaluation of environment plan.

Rule 9. (1) Upon receipt of an environment plan, the supervisor shall evaluate it in terms of the reclamation required by the act. The supervisor may consult with and obtain assistance of other divisions of the department in the evaluation process. The supervisor may reject a plan or any part thereof, and shall give reasons in writing, together with recommendations for modification of a plan to meet his objections, if the reclamation specified by a plan does not conform to the requirements of the act and these rules, or if, in the opinion of the supervisor, it is not feasible or is otherwise undesirable because of the following:

(a) Erosion is likely to occur in the sloping, terracing, or other treatment of stockpiles and tailings basins, which may result in injury or damage to fish and wildlife or the pollution of public waters or which may cause injury to the property or person of others.

(b) Vegetation or other practical treatment of tailings basins and stockpiles, upon becoming permanently inactive, is not satisfactory.

(c) The surface overburden banks of open pits in rock, and the entire bank of open pits in unconsolidated materials, upon their abandonment will not be stabilized.

(d) The cleanup of plantsite and mining areas, and the removal of debris there from on termination of the mining operation, will not be satisfactory.

(2) If the supervisor rejects an environment plan, an operator may resubmit the plan as revised so as to meet the supervisor's objections.

(3) If an environment plan is satisfactory, the supervisor shall approve it and promptly notify the operator by written statement that compliance with the plan by the operator fulfills the requirements of the act with respect to the mining area or any portion thereof involved. The approval of an environment plan for a long-lived mining operation may be conditioned on periodic review in light of new research and changed reclamation technology. An approved environment plan shall be referred to as the reclamation plan.

(4) A reclamation plan may be modified at any time by mutual consent of the supervisor and operator to adjust to changed conditions or technology, or to correct an oversight.

(5) The supervisor may modify the reclamation plan when:

(a) Modification of the plan is necessary so that it will conform with existing laws.

(b) The supervisor determines that the previously approved plan is clearly impossible or clearly impractical to implement and maintain.

(c) The supervisor determines that the previously approved plan is obviously not accomplishing the intent of the act.

(6) When an operator disposes of his interest in a mining area prior to approval of reclamation by sale, lease, assignment, termination of lease, or otherwise, the supervisor may release the operator from the duties imposed upon him by the act and rules as to the operation, but only if the successor operator or owner assumes the obligations of the former operator with reference to the reclamation of the mining area.

Permittee

Metallic Mineral Mining Permit requires the disclosure of specific plans depicting any beneficiation and treatment methods and techniques, and manufacturers material safety data sheets on all chemicals or other additives that are not natural to the site. In addition, the operator must obtain all applicable state and federal permits before beginning the beneficiation process.

Metallic Mineral Mining Permit requires the disclosure of specific plans depicting any beneficiation and treatment methods and techniques, and manufacturers material safety data sheets on all chemicals or other additives that are not natural to the site. In addition, the operator must obtain all applicable state and federal permits before beginning the beneficiation process.

324.63107 Performance bond, security, or assurance of operator.

Sec. 63107. The supervisor of reclamation, if he or she has reasonable doubts as to an operator's financial ability to comply with the rules promulgated under this part as to actions to be taken after completion of mining operations or any phase of mining operations, may require an operator to furnish a performance bond or other security or assurance satisfactory to the supervisor of reclamation. The supervisor of reclamation may postpone furnishing of the bond, security, or assurance depending upon the life of the mining operation.

R 425.15 Surety or security bond.

Rule 15. (1) The supervisor, if he has reasonable doubts as to an operator's financial ability to comply with the rules as to actions to be taken after completion of mining operations, or any phase thereof, may require an operator to file a surety bond in an amount equal to the expected cost of reclamation for each acre, or fraction thereof, of the area subjected to mining.

(2) In determining the amount of the surety bond or security bond the supervisor shall take into consideration the character and nature of the lands to be reclaimed, the future suitable use of the land involved, and the cost of the reclamation to be required.

(3) A security bond in the amount equal to the required surety bond may be deposited in lieu of a surety bond. A security bond shall consist of cash or negotiable securities and shall be deposited with the department of treasury. The securities shall be registered in the name of the state treasurer, who shall charge a fee sufficient to reimburse him for not less than actual and necessary expenses incurred in connection with the deposits.

(4) The supervisor shall have reasonable doubts as to an operator's financial ability to comply with the rules as to actions to be taken after completion of mining operation or any phase thereof when, upon the request of the supervisor, the operator cannot demonstrate that he has the financial ability to perform the reclamation as required by the act and rules.

R 425.16 Liability on surety or security bond.

Rule 16. (1) Liability on a surety bond or security bond is conditioned upon compliance with the act and these rules, and continues until the mining area reclamation is completed and approved by the supervisor.

(2) The supervisor shall advise the surety and the principal when liability is terminated on a bond filed for the portion or the whole of the mining area reclaimed. A security bond deposited with the state treasurer shall be released only upon written direction of the supervisor.

(3) The supervisor shall look to the surety or the security bond for correction of unsatisfactory conditions not otherwise corrected, and all expenses shall be paid through the surety or security bond in case of default by the principal.

In addition any solid waste disposal facility associated with the mine is subject to bonding and also the establishment of a perpetual care fund to be maintained for 30 years after final closure of the facility.