February 17, 2005, Introduced by Reps. Proos, Schuitmaker, Baxter and Tobocman and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 63712 (MCL 324.63712), as added by 1995 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 63712. (1) Prior to the initiation of a disturbance of
land, the holder of a sand dune mining permit shall file with the
department a conformance bond in favor of the state.
(2) The conformance bonds shall be filed for a maximum of 3
active cell-units and 3 cell-units in interim cell-unit status
within the sand dune mining permit and shall be for an amount equal
to $10,000.00 per cell-unit or $1,000.00 per each acre in the cell-
units, whichever is greater, for cell-units bonded prior to June
23, 1994. For all cell-units that are bonded after June 23, 1994,
the
conformance bond shall be for an amount equal to $20,000.00
$50,000.00 per cell-unit or $2,000.00 $5,000.00
per each acre in
the cell-units, whichever is greater. The bond for a cell-unit
bonded prior to June 23, 1994 shall remain in effect until the
cell-unit is released from the requirements of the conformance bond
as provided in subsection (4) or the cell-unit boundary is revised
as approved by the department. If an existing cell-unit boundary is
revised, the conformance bond for the cell-unit shall be increased
to the amounts provided for cell-units bonded after June 23, 1994.
(3) The conformance bonds shall be transferable to other cell-
units contained within the sand dune mining permit upon faithful
conformance with the approved progressive cell-unit mining and
reclamation plan as provided in section 63706.
(4) The conformance bond shall be conditioned upon the
faithful performance of the requirements set forth in the approved
progressive cell-unit mining and reclamation plan as provided in
section 63706. Liability under the conformance bond shall be
maintained as long as the reclamation is not completed in
compliance with the approved progressive cell-unit mining and
reclamation plan. The conformance bond shall remain in full force
until the release of the cell-unit from the conformance bond
requirements, including the period of time the cell-unit may have
been placed in interim cell-unit status.
(5) The department shall not reclassify a cell-unit from
active to interim cell-unit status until the following minimum
conditions or requirements have been met:
(a) All permitted sand dune mining activities within the cell-
unit have been completed.
(b) All extraction or processing equipment has been removed
from the cell-unit, except that a roadway, conveyor, or slurry
pipeline corridor may be maintained through a cell-unit and the
cell-unit still may be reclassified to interim cell-unit status.
This roadway, conveyor, or slurry pipeline corridor shall be
considered part of the plant site and shall be removed and
revegetated as provided by section 63706(1)(e).
(c) All upland areas within the cell-unit that were disturbed
by sand dune mining have been regraded as provided in section
63706(3)(a).
(d) All submerged grades within the cell-unit established by
sand dune mining have been regraded as provided in section
63706(3)(b).
(e) All upland areas within the cell-unit that were disturbed
by sand dune mining have been revegetated utilizing native or
indigenous species or other plant material pursuant to the approved
progressive cell-unit mining and reclamation plan as provided in
section 63706(1). The vegetation that has been planted shall have
germinated or taken root and cover a minimum of 80% of the upland
areas disturbed by sand dune mining, and no single area exposed to
the elements shall be greater than 25 square feet.
(f) The operator shall provide proper measures to aid in the
establishment of growth of the planted vegetation until adequate
root systems have developed to provide sustained growth.
(6) The department may reclassify an active cell-unit to
interim cell-unit status upon receipt of a written request by the
operator. The department shall conduct an on-site inspection of the
reclamation activities that have been completed and determine if
the completed reclamation activities are adequate to reclassify the
active cell-unit to interim cell-unit status. The department shall
schedule the on-site inspection within 45 days of the written
request. The department shall notify the operator within 30 days
following the date of the inspection of the department's decision
to grant or deny the request for interim cell-unit status. If the
department determines the reclamation activities conducted within
the cell-unit do not meet the conditions and requirements for
interim cell-unit status, the notification shall include
information detailing the reasons for denial.
(7) If the department determines the status of an active cell-
unit does not meet the conditions or requirements for
reclassification to interim cell-unit status, the operator may not
reapply for reclassification of the same active cell-unit until 1
year from the previous request.
(8) Notification shall be given to the operator upon
completion or acceptance by the department of the reclamation
activity. The notification constitutes the release of the cell-unit
from the conformance bond requirements if all of the following
conditions are met:
(a) All permitted sand dune mining activities within the cell-
unit have been completed.
(b) All extraction or processing equipment has been removed
from the cell-unit, except a roadway, conveyor, or slurry pipeline
corridor may be maintained through a cell-unit and the cell-unit
still released from bond. This roadway, conveyor, or slurry
pipeline corridor shall be considered part of the plant site and
shall be removed and revegetated as provided by section
63706(1)(e).
(c) All upland areas within the cell-unit that were disturbed
by sand dune mining have been regraded as provided in section
63706(3)(a).
(d) All submerged grades within the cell-unit established by
sand dune mining have been regraded as provided in section
63706(3)(b).
(e) All upland areas within the cell-unit that were disturbed
by sand dune mining have been revegetated utilizing native or
indigenous species or other plant material pursuant to the approved
progressive cell-unit mining and reclamation plan as provided in
section 63706(1).
(f) There are no areas within the revegetated portions of the
cell-unit where a 10-foot by 10-foot test plot can be measured with
less than 80% survival of the planted vegetation.
(g)
The plant material shall be required to sustain in
revegetated areas has sustained itself through 1 full growing
season.
(h) There are no areas within the revegetated portion of the
cell-unit
with ongoing erosion, except some wind erosion shall be
allowed
if the wind erosion that is occurring does
not threaten
the stability of the regraded slopes or the ability of the plant
material to accommodate the accretion of sand.
(9) Mining or extraction of sand dune minerals from any other
cell-unit contained within the sand dune mining permit is
prohibited until compliance or approval is attained from the
department.
(10) A violation of this section constitutes grounds for
revocation of the sand dune mining permit.