Oversight of Mining in Michigan
Oversight of mining in Michigan
Permitting and administration of nonferrous metallic mineral projects
The topic of local regulation has led to a misunderstanding about what role local government plays in mining operations. In Michigan, the Legislature provides the Department of Environmental Quality (DEQ), responsibility for issuing and enforcing mining permits under the authority of state’s Nonferrous Metallic Mineral Mining regulations, also known as Part 632. Part 632 broadly prohibits any attempt by local government to regulate or control mining activities. In other words, local regulations cannot preempt or override Part 632.
The confusion over regulation arises because local governments often establish zoning and ordinance rules for their community. However, the law says explicitly that "a local unit of government shall not regulate or control mining or reclamation activities that are subject to this part, including construction, operation, closure, postclosure monitoring, reclamation, and remediation activities, and does not have jurisdiction concerning the issuance of permits for those activities." There is an exception for ordinances that do not duplicate, contradict, or conflict with Part 632. For example, local governments may enact regulations to enforce hours of operation and routes used by vehicles.
In the case of Back Forty Mine, the DEQ is responsible for permitting and oversight of mining activities. Part 632 was created to ensure that proper mining and reclamation methods are carried out to protect the citizens and the environment. A local unit of government cannot require a special land use permit nor enforce a local mining ordinance of a mine operator. For an overview of Part 632, click here.
We will comply with all permit requirements, while ensuring to construct, operate, and close the Back Forty Mine in a safe and environmentally responsible manner. We are always willing to talk with local government and community members about our operation and its significance to the region.
Ensuring Air Quality
Ensuring Air Quality
Protecting People and the Environment
We will protect human health and the environment by following our permits, which include mining, air, water, and wetland.
The Air Quality Division of the Michigan Department of Environmental Quality (MDEQ) ensures that the air we share remains clean by regulating sources of air contaminants. The goal of the agency is to mitigate the adverse impact on human health and the environment from emission sources. Issuance of Back Forty's air permit by the MDEQ came in December 2016.
At our facility, we'll use dust suppression and collection systems in areas of concern when mining and processing ore. Examples include enclosed conveyors, collection filters, water sprays, covered stockpiles, and dampening haul roads to control dust in traffic areas.
Once in operation, inspectors from the Mine Safety and Health Administration (MSHA) will check air quality standards at facilities to ensure worker safety. We'll also conduct air quality sampling on site.
Michigan's Nonferrous Metallic Mining Regulations
Michigan's Part 632
Michigan’s nonferrous metallic mining regulations (Part 632) guide the construction, operation, closure, and post-closure of mining operations. The law also guides monitoring, reclamation, and remediation of nonferrous metallic mineral mines in the state of Michigan. Before Part 632 passed in 2004, Michigan’s then-governor formed a workgroup to discuss increased ecological protection if mining took place. The group comprised of the Yellow Dog Watershed Preserve, environmental groups, industry, the Michigan DNR, Michigan DEQ, and Eagle Mine (formerly Rio Tinto). Today, Part 632 is considered one of the most stringent mining laws in the United States. Several states in the Midwest have studied Michigan’s law when updating their own rules.