R 425.203
R 425.203 Mining Plan.
Cite as Mich. Admin. Code R 425.203
Rule 203. The mining, reclamation, and environmental protection plan required under R
201(1)(d) shall contain a plan for the proposed mining operations. The plan shall include
information that demonstrates that all methods, materials, and techniques proposed to be
utilized are capable of accomplishing their stated objectives in protecting the environment
and public health, except that such information may not be required for methods, materials,
and techniques that are widely used in mining or other industries and are generally accepted
as effective. The required information may consist of results of actual testing, modeling,
documentation by credible independent testing and certification organizations, or
documented applications in similar uses and settings. The plan shall include, at a minimum,
all of the following:
(a) A description of the type and method of mining, the expected operating life of the
mine, and the anticipated rate and schedule of mining.
(b) An estimate of the number of employees required for the mining operation, and
variations in the number over the life of the mine.
(c) Information depicting and describing the items listed in paragraphs (i) to (xxiv) of this
subdivision that are mining activities or are part of, or associated with, mining activities.
Information that is amenable to clear depiction on a map shall be shown on a map or maps
of the mining area drawn to an appropriate scale on a topographic base and referenced to
the nearest government-surveyed section or quarter-section lines. Other required
information shall be presented, as appropriate, by cross-sections, photographs, documents,
and engineering drawings.
(i) Area, thickness, and characteristics of topsoil that will be stripped, and plans for
stockpiling and stabilizing topsoil until it will be used in reclamation.
(ii) Area, volumes, and characteristics of overburden and waste rock to be excavated;
plans and schedules for excavating; and locations and dimensions of stockpiles and final
placement areas.
(iii) Area, volumes, types, and mineralogy of ore to be excavated, and schedule of mining
and stockpiling ore.
(iv) Plans for limiting access to stockpiles and storage or disposal facilities to prevent
disposal of unauthorized materials.
(v) A characterization of the geochemistry of the ore, waste rock, and overburden that
will be mined, and peripheral rock that will be exposed in the process of mining, and of
any tailings that will be generated. The characterization shall include the following:
(A) Chemical and physical testing and modeling to predict the potential generation of
acid, dissolved metals, and other related substances by reaction and leaching of the ore,
waste rock, tailings, overburden, and peripheral rock.
(B) Testing and modeling methodology.
(C) A plan for monitoring the characterization during the proposed mining operation to
calibrate and adjust the model and predictions.
(D) Identification of the ore, waste rock, overburden, peripheral rock, and tailings that are
reactive.
(vi) Lithology and thickness of rock surrounding and overlying the ore body.
(vii) The locations, depths, and contours of open pits.
(viii) The locations and dimensions of shafts, portals, or other openings between the land
surface and underground mine workings.
(ix) The areal extent, depth, and dimensions of underground workings.
(x) Types and uses of grouting of the walls of open pits and of the walls, floor, and roof
of underground workings.
(xi) A plan for preventing damage to the environment or public health or safety from
subsidence, caving, or collapse of underground mine workings. The plan shall contain the
following:
(A) A description of any planned or intentional caving and subsidence.
(B) Provisions to prevent adverse impacts to public or private water supplies or to an
aquifer in the affected area.
(C) Provisions to assure that any underground mining shall not cause material damage to
structures not owned or controlled by the operator.
(D) Provisions to assure that any underground mining shall not cause material damage to
natural features on lands not owned by the operator.
(xii) A description of water that will be used in the mining operations, including the source
or sources of the water and intended rates and durations of pumping, diversion, or
withdrawal.
(xiii) A description of water that will be stored, transferred, or discharged in the mining
operations, including:
(A) The location, size, and capacities of any artificial ponds, impoundments, dewatering
systems, diversions, other water control structures, and treatment facilities.
(B) The estimated volumes, rates, and water quality of discharges, and the discharge
locations.
(xiv) Storage areas for equipment and vehicles.
(xv) Buildings and other facilities or structures.
(xvi) Areas for the storage and transfer of chemicals, fuel, and explosives.
(xvii) Truck and mining equipment wash down areas.
(xviii) Roads, railroads, docks, piers, and other transportation infrastructure, and
provisions to prevent release of contaminants to the environment from ore or waste rock
during transportation.
(xix) Beneficiation processes, materials, and activities, including the following:
(A) The types, extent, and sequence of beneficiation, including physical and chemical
characterization of all materials, wastes, or products.
(B) A description of any mills, concentrators, dryers, separators, chemical reactors,
filtering equipment, electrolytic chambers, flotation cells, kilns, or other beneficiation
equipment.
(C) The type and amount of chemicals to be added.
(D) The types, amounts, locations, sequence, schedule, and means of waste rock and
tailings disposal.
(E) Provisions to prevent release of contaminants to the environment from beneficiation
equipment.
(F) Tailings transport systems, if not buried, should be designed to provide for emergency
tailings conveyance or storage should a pipeline break, plug, freeze or require repairs and
be made accessible for inspection, emergency repair, and maintenance. Location of
emergency spill areas shall be designed to prevent contamination of surface water. If a
power failure occurs, then tailing pipelines shall be self draining to the tailings area or to
an emergency spill area or standby pumps and pipelines or standby power shall be
provided. In some cases (such as a long pipeline over rough country), several spill areas
may have to be provided.
(xx) Plans and schedules for regulating or controlling drainage of water, including surface
runoff, from within the diked area of a tailings disposal area to prevent breaching of the
dikes, both during and after mining. The plans and schedules shall ensure that 24-hour 100-
year precipitation events do not cause releases of water that are not in compliance with the
conditions of the mining permit.
(xxi) Plans and schedules for monitoring, containment, and treatment of surface runoff
that has contacted, or may contact, ore, waste rock, overburden, or tailings determined to
be reactive under R 425.203(c)(v). The plans shall be designed to reasonably minimize
actual and potential adverse impacts on groundwater and surface water by preventing
leaching or runoff of acid-forming waste products and other waste products from the
mining process.
(xxii) A soil erosion and sedimentation control plan that meets the standards of part 91 of
the act to effectively reduce accelerated soil erosion and sedimentation that may impact the
affected area. The plan shall include, but not be limited to, all of the following:
(A) The location, description, and schedule for installing and removing all proposed
temporary soil erosion and sediment control measures.
(B) A description and the location of all proposed permanent soil erosion and sediment
control measures, and provisions for establishing the permanent soil erosion control
measures as soon as possible after an earth change has been completed or if significant
earth change activity ceases.
(C) Provisions to limit the exposed area of any disturbed land to the shortest feasible
period of time.
(D) Provisions to remove sediment caused by accelerated soil erosion from runoff water
before it leaves the mining area.
(E) Temporary or permanent control measures for the conveyance of water around,
through, or from the area affected by mining activities to limit the water flow to a
nonerosive velocity.
(F) Provisions for temporary soil erosion and sedimentation control measures before or
upon commencement of the earth change activity; for maintaining the measures on a daily
basis; and for removing the measures after permanent soil erosion measures are in place
and the area is stabilized.
(G) Provisions for stabilizing the area with permanent soil erosion control measures as
soon as possible after an earth change has been completed or if significant earth change
activity ceases.
(xxiii) Plans for conducting reclamation activities concurrently with mining operations to
the extent feasible.
(xxiv) Plans for inspecting, monitoring, and maintaining liners, final covers, leachate
collection systems, leak detection systems, berms, and embankments, including frequency
of inspections. Inspecting or monitoring shall be conducted at least monthly.
(d) A map and description of ownership of all tracts of land in the mining area and within
1320 feet of the boundary of the mining area, including all of the following:
(i) Ownership of surface rights.
(ii) Ownership of mineral rights.
(iii) Conservation easements as defined in section 2140 of the act.
(iv) Historic preservation easements as defined in section 2140 of the act.
(e) A description of measures to be taken to prevent damage to property not owned or
controlled by the operator within and immediately adjacent to the mining area.
(f) Measures to minimize impacts to the volumes and rates of recharge, flow, and
discharge of groundwater and surface waters in the mining area and in the affected area
sufficient to accommodate seasonal and long-term variations in precipitation, water
quantity, and water quality.
(g) A monitoring plan for monitoring of groundwater and surface water quality,
groundwater levels, and surface water stage and discharge rates, during mining operations
and during the post-closure monitoring period. The monitoring plan shall conform to
existing statutes and rules, but is not required to include monitoring required under other
permits.
(i) The monitoring plan shall provide for monitor wells and structures to be located at
points where mining activities have a reasonable potential for measurable impact on
surface water or groundwater, taking into consideration the following:
(A) Proximity to the mining activity.
(B) The potential for diffusion and dispersion.
(C) Horizontal and vertical groundwater gradients.
(D) Seasonal variations in flow.
(E) Topography, access, and other practical limitations.
(ii) The monitoring plan shall comply with the requirements of R 425.406.
(iii) The monitoring plan shall include all of the following:
(A) Number and location of monitoring wells and structures.
(B) Frequency of sampling and sampling procedure, including all of the following:
(aa) The sampling method and volume of water to be removed from each well or sampling
point during sampling.
(bb) Steps taken to prevent cross contamination between samples.
(cc) Sample handling and preservation methods.
(dd) Laboratory analysis method.
(ee) Laboratory method detection level.
(ff) Quality assurance and quality control as approved by the department.
(gg) Provisions for routine monitoring to be conducted at least every 3 months.
(C) Sampling parameters, which shall include the following:
(aa) Specific conductance.
(bb) Temperature.
(cc) The hydrogen ion concentration expressed as pH.
(dd) Dissolved oxygen.
(ee) Concentrations of calcium, sodium, magnesium, potassium, and iron.
(ff) Concentrations of chloride, sulfate, and bicarbonate.
(gg) Concentrations of other total and dissolved elements and compounds that may be
introduced or affected by the mining activities, as identified in the environmental impact
assessment.
(D) A description of the techniques used to present and evaluate water quality monitoring
data.
(E) A description of the method used to collect static water levels and present groundwater
flow data. Static water level precision shall be to 0.01 foot.
(F) The depth and screened interval for each monitor well.
(G) Provisions for design, construction, and abandonment of monitoring wells and
structures that comply with R 425.406(2).
(h) A treatment and containment plan that describes proposed measures to prevent
contamination of groundwater and surface water from leaching of acidic water or dissolved
metals.
(i) The treatment and containment plan required under this subdivision shall apply to earth
materials that are determined to be reactive under R 425.203(c)(v). The plan shall describe
proposed measures for the following:
(A) Design, construction, and operation of stockpiles and storage or disposal facilities for
ore, waste rock, overburden, and tailings.
(B) The management of peripheral rock that has been determined in the environmental
impact assessment to have the potential to contaminate groundwater or surface water.
(ii) The treatment and containment plan required under this subdivision shall account for
the volume, rate, and movement of leachate that may be generated, and the influence of
weather on the generation of leachate, including any adverse impacts from severe or
extreme weather events.
(iii) The treatment and containment plan required under this subdivision shall meet all
applicable requirements of R 425.409.
(i) A general description of blasting materials and methods.
(j) If a threatened or endangered species may be impacted, a plan to protect the threatened
or endangered species that conforms to the requirements of state and federal endangered
species laws.
(k) Plans to monitor, prevent, minimize, and mitigate any adverse impacts of the proposed
mining operation on flora, fauna, fish or wildlife habitats, and biodiversity.
(l) Where percolation leaching is proposed as a mining activity, plans demonstrating
compliance with R 425.403.
(m) A plan and schedule for inspection or monitoring, or both, of all mine related facilities
at least monthly.
(n) The name and qualifications of the person or persons who prepared the plan for the
proposed mining operations.