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 63706 (MCL 324.63706), as added by 1995 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 63706. (1) The progressive cell-unit mining and
reclamation plan, for both the total project and each cell-unit,
shall include all of the following:
(a) The method and direction of mining.
(b) Surface overburden stripping plans.
(c) The depth of grade level over the entire site from which
the sand will be removed.
(d) Provisions for grading, revegetation, and stabilization
that will minimize shore and soil erosion, sedimentation, and
public safety problems.
(e) The location of buildings, equipment, stockpiles, roads,
or other features necessary to the mining activity and provisions
for their removal and restoration of the area at the project
termination.
(f) Provisions for buffer areas, landscaping, and screening.
(g) The interim use or uses of reclaimed cell-units before the
cessation of the entire mining operation.
(h) Maps and other supporting documents required by the
department.
(2) The department shall not issue a sand dune mining permit
for any of the following:
(a) A sand dune mining operation that existed before March 31,
1977, if the progressive cell-unit mining and reclamation plan
includes more than 3 30-acre cell-units.
(b) A sand dune mining operation that commenced after March
31, 1977, if the progressive cell-unit mining and reclamation plan
includes any cell-unit having an area exceeding 10 acres.
(c) The expansion of an existing sand dune mining operation if
that expansion includes any cell-unit having an area exceeding 10
acres.
(3)
The In addition to the
requirements of subsection (1),
the progressive cell-unit mining and reclamation plan for sand dune
mining permits issued 30 days or more after June 23, 1994 shall
meet the following requirements:
(a) All upland reclamation grades for sand dune mining
operations shall have a slope not steeper than 1-foot vertical rise
in a 3-foot horizontal plane, except that the department may
approve plans that allow steeper reclaimed slopes in order to
provide a smoother transition to undisturbed topographic features
or the protection of existing environmental features.
(b) All submerged grades established by the excavation of
material below the water table and the creation of a water body
shall have underwater slopes as follows:
(i) For water bodies with a surface area less than 5 acres, the
submerged grades shall be 1-foot vertical rise in a 3-foot
horizontal plane, or flatter, to a depth of 6 feet.
(ii) For water bodies with a surface area 5 acres or greater,
the submerged grades shall be 1-foot vertical rise in a 6-foot
horizontal plane, or flatter, to a depth of 6 feet.
(iii) For all water bodies where the progressive cell-unit
mining and reclamation plan designates a final use after sand dune
mining as public access, the area designated for public access
shall have submerged grades of 1-foot vertical rise in a 10-foot
horizontal plane, or flatter, to a depth of 6 feet.
(c) A 200-foot minimum setback distance from the property line
to the cell-unit boundary line shall be provided on all cell-unit
mining and reclamation plans, except the department may approve
plans with less than 200-foot minimum setback distances if the
department determines that the sand dune mining activity is
compatible with the adjacent existing land use.
(d) A 500-foot minimum setback distance from the ordinary
high-water mark of the Great Lakes shall be provided on all cell-
unit mining and reclamation plans. As used in this subdivision,
ordinary high-water mark means for the lands bordering or adjacent
to waters or land affected by levels of the Great Lakes landward of
the ordinary high-water mark as defined by section 32502, and those
lands between the ordinary high-water mark and the water's edge.
(e) All cell-unit mining and reclamation plans shall include
fencing or other techniques to minimize trespass or unauthorized
access to the sand dune mining activity.
(f) If the proposed sand dune mining activity proposes to mine
below the water table, the department may require a hydrogeological
survey of the surrounding area.
(g) If threatened or endangered species are identified within
the cell-unit boundaries, the cell-unit mining and reclamation plan
shall indicate how the threatened or endangered species shall be
protected or, if not protected, what mitigation measures shall be
performed.
(h) If the proposed sand dune mining activity includes
beneficiation or treatment of the sand, the application documents
shall include specific plans depicting the methods, techniques, and
manufacturer's material safety data sheets on all chemicals, or
other additives that are not natural to the site, that will be
utilized in the process. The operator shall also obtain all
applicable state and federal permits prior to beginning the
beneficiation process.
(4) A progressive cell-unit mining and reclamation plan shall
require that, within 6 months after mining ceases within a cell-
unit, reclamation of that cell-unit shall begin. Within 2 years
after mining ceases within a cell-unit, all reclamation activities
shall be completed.