Section R. 425.9 - Evaluation of environment planRule 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 therefrom 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.Mich. Admin. Code R. 425.9