Section R. 425.201 - PermitsRule 201.
(1) An operator shall not begin mining activities without first obtaining a mining permit from the department. A person requesting a mining permit shall submit all of the following to the department:(a) A permit application on forms prescribed by the department, signed by the operator or an authorized representative of the operator.(b) A permit application fee as prescribed in part 632 of the act.(c) An environmental impact assessment.(d) A mining, reclamation, and environmental protection plan.(f) A description of the type or types and amount of financial assurance to be provided that will satisfy the requirements of R 425.301.(g) A list of all other applicable permits and licenses that are anticipated to be required.(h) An organization report on a form prescribed by the department.(2) Beneficiation activities shall require a separate mining permit under 1 or both of the following conditions: (a) The site of the proposed beneficiation activities is not within or adjacent to the site of other associated mining activities, either existing or proposed, that are subject to a mining permit.(b) The operator of the proposed beneficiation activities is not the same person as the operator of other associated mining activities, either existing or proposed, that are subject to a mining permit.(3) An applicant shall submit to the department 10 paper copies of the documents required under subrule (1), (a) and (c) to (h) of this rule, and shall also submit the documents in an electronic format approved by the department.(4) The department shall process an application for a mining permit according to the requirements of section 63205 of the act, as follows: (a) Effective 14 days after the department receives an application for a mining permit, the application shall be considered to be administratively complete unless the department proceeds as provided under subdivision (b) of this subrule.(b) If, before the expiration of the 14-day period under subdivision (a) of this subrule, the department notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that the fee required to accompany the application has not been paid, specifying the amount due, the running of the 14-day period under subdivision (a) of this subrule is tolled until the applicant submits to the department the specified information or fee amount due. The notice shall be given in writing or electronically.(c) Within 42 days after an application for a mining permit is determined to be administratively complete, the department shall hold a public meeting on the application. The department shall give notice of the public meeting not less than 14 or more than 28 days before the date of the public meeting. The notice shall specify the time and place of the public meeting, which shall be held in the county where the proposed mining operation is located, and shall include information on how to review or obtain a copy of the application. The department shall make a printed and electronic copy of the application available at a library or other public building in the county where the proposed mining operation is located, and shall post a copy of the application on the department website. The notice shall be given in writing to the city, village, or township and the county where the proposed mining operation is to be located and to all affected federally recognized Indian tribes in this state. The notice shall also be given by publication in a newspaper of local distribution in the area where the proposed mining operation is to be located.(d) The department shall accept written public comment on the permit application for 28 days following the public meeting under subdivision (c) of this subrule. Within 28 days after the expiration of the public comment period, the department shall reach a proposed decision to grant or deny a mining permit and shall prepare a document explaining the basis for the decision. The decision shall be based upon the permit application and the statutory requirements under part 632 of the act. The department shall establish a time and place for a public hearing on the proposed decision, and shall give notice of the public hearing not less than 14 or more than 28 days before the date of the public hearing. The notice shall be given in writing to the city, village, or township and the county where the proposed mining operation is to be located and to all affected federally recognized Indian tribes in this state. The notice shall also be given by publication in a newspaper of local distribution in the area where the proposed mining operation is to be located. The notice shall contain all of the following: (i) The time and place of the public hearing.(ii) The name and address of the applicant, the type of mining proposed, and the location and general areal extent of the mining area.(iii) A statement of the department's proposed decision to issue or deny the permit.(iv) Information on how to review a complete copy of the application, the draft permit or denial, and the basis for the proposed decision.(v) A listing of other permits and hearings that are pending or anticipated under this act with respect to the proposed mining operation.(vi) The name, address, and telephone number of a representative of the department who may be contacted to obtain more information on the application.(vii) A description of the process for participating in the public hearing.(e) The department shall accept written public comment on the proposed decision to grant or deny a mining permit for 28 days following the public hearing. At the expiration of the public comment period, the department shall issue a report summarizing all comments received and providing the department's response to the comments.(f) Within 28 days after the expiration of the public comment period under subdivision (e) of this subrule, the department shall grant or deny the mining permit application in writing. A determination that an application is administratively complete does not preclude the department from requiring additional information from the applicant. The 28-day period under this subdivision shall be tolled until the applicant submits the requested information. If a mining permit is denied, the reasons shall be stated in a written report to the applicant.(5) The department may impose terms and conditions in a mining permit, in addition to those specified in the application, that are necessary to implement these rules and part 632 of the act.(6) The department shall not issue a mining permit authorizing percolation leaching unless the applicant demonstrates that the proposed percolation leaching meets the requirements of R 425.403.(7) Subject to subrule (9) of this rule, the department shall approve a mining permit if it determines both of the following: (a) The permit application meets the requirements of part 632 of the act.(b) The proposed mining operation will not pollute, impair, or destroy the air, water, or other natural resources or the public trust in those resources, in accordance with part 17 of the act. In making this determination, the department shall consider the extent to which other permit determinations afford protection to natural resources. For this subdivision, excavation and removal of nonferrous metallic minerals and of associated overburden and waste rock, in and of itself, does not constitute pollution, impairment, or destruction of those natural resources.(8) The department shall deny a mining permit if it determines the requirements of subrule (7) of this rule have not been met.(9) The department shall not issue a mining permit, or approve a transfer of a mining permit, to a person if the department has determined that person to be in violation of part 632 of the act, these rules, a mining permit, or an order of the department under part 632 of the act, unless the person has corrected the violation or the person has entered into a written consent agreement to correct the violation pursuant to a compliance schedule approved by the department. The department may require compliance with the consent agreement as a condition of the mining permit.Mich. Admin. Code R. 425.201