Mich. Admin. Code R. 425.202 - Environmental impact assessment
Rule 202.
(1) The
environmental impact assessment required under R 425.201(1)(c) shall include,
but is not limited to, the following:
(a) For
each of the conditions and features listed in subrule (2) of this rule:
(i) An identification and description of the
condition or feature as it currently exists within the mining area and the
affected area.
(ii) An
identification of the proposed mining activities that may impact the condition
or feature, and the process or mechanism through which the impact may
occur.
(iii) An analysis of the
potential impacts of proposed mining activities on the condition or feature
and, where applicable, the effects of the condition or feature on the proposed
mining activities.
(iv) A reference
to the measures proposed to be taken under the mining, reclamation , and
environmental protection plan to reduce or mitigate the potential impacts, and
the predicted effects of those measures. If the measures are not required under
part 632 of the act , then the environmental impact assessment shall identify
other statutes or regulations, if any, under which the measures are
required.
(v) A map or maps and
appropriate photographs, with any necessary explanatory documents or notations,
showing the affected area for the condition or feature, and a description of
the basis for determining the affected area.
(b) An analysis of the potential cumulative
impacts on each of the conditions or features listed in subrule (2) of this
rule within the mining area and the affected area from all proposed mining
activities and through all processes or mechanisms. The analysis shall consider
additive effects, and the assessment of significant interactions between
chemical and physical properties of any discharges, with reference to the
physical and chemical characteristics of the environment into which the
discharge may be released.
(c) An
analysis of feasible and prudent alternatives for the mining activities
consistent with the reasonable requirements of the public health, safety, and
welfare. The analysis shall include all of the following:
(i) A description of feasible and prudent
alternatives.
(ii) A description of
alternatives considered but not carried forward for further
evaluation.
(iii) A description of
why the chosen alternatives are preferred.
(d) The name and qualifications of the person
or persons who prepared the environmental impact assessment.
(e) A description of the methodologies
applied in preparing the environmental impact assessment, including the
following:
(i) Quality assurance and quality
control as approved by the department .
(ii) Information that demonstrates that the
methodologies are appropriate and effective, or are widely used and generally
accepted.
(f) The
sources of information used in preparing the environmental impact
assessment.
(2) The
requirements of subrule (1)(a) and (b) of this rule apply to natural and
humanmade conditions and features including, but not limited to, the following:
(a) Topography.
(b) Soil series.
(c) Geology of the bedrock and unconsolidated
materials overlying the bedrock, including areal extent, thickness, lithology,
and permeability .
(d) Groundwater
occurrence that may impact, or be impacted by, mining activities, including the
following:
(i) Thicknesses of aquifers,
hydraulic conductivity , and interconnections between multiple aquifers and
between aquifers and surface water.
(ii) Depth to groundwater , groundwater
recharge areas, groundwater flow direction, hydraulic gradients, groundwater
velocity, and 3-dimensional flow paths.
(iii) Seasonal variations of the items in
paragraph (ii) of this subdivision.
(e) Natural or artificial lakes, ponds,
impoundments, rivers, streams, creeks, drains, seeps, and springs, including
both of the following:
(i) Observed levels or
discharge rates.
(ii) Predicted
seasonal and long-term variations of levels or discharge rates.
(f) A complete water balance that
accounts for precipitation, evapotranspiration, infiltration, runoff ,
streamflows, and groundwater and surface water withdrawals and discharges from
mining activities.
(g) Groundwater
and surface water quality, including all of the following:
(i) Specific conductance as an indication of
dissolved solids.
(ii)
Temperature.
(iii) The hydrogen ion
concentration expressed as pH.
(iv)
Dissolved oxygen.
(v)
Concentrations of all of the following substances:
(A) Cations of calcium, sodium, magnesium,
potassium, and iron.
(B) Anions of
chloride, sulfate, and bicarbonate.
(C) Other total and dissolved elements and
compounds that may be introduced or affected by the mining
activities.
(vi)
Predicted seasonal variations of the parameters listed in paragraphs (i) to (v)
of this subdivision.
(h)
Any known occurrence of groundwater that is contaminated so that a property is
a facility as defined by part 201 of the act .
(i) All documented private water supply
wells.
(j) All public water supply
wells.
(k) Irrigation and disposal
wells.
(l) Designated wellhead
protection areas.
(m) Floodplains,
Great Lake shorelines, and wetlands .
(n) Natural rivers as defined in section
30501 of the act .
(p) Residential dwellings, places of
business, places of worship, schools, hospitals, government buildings, or other
buildings used for human occupancy all or part of the year.
(q) Existing and proposed infrastructure and
utilities.
(r) Areas actively
maintained for public recreation.
(s) Natural areas as defined in R
324.35101.
(t) State wilderness
areas as defined in MCL 324.35101.
(u) Federal wilderness areas as defined in 78
Stat. 890, 16 U.S.C. 1131.
(v) Wild
areas as defined in MCL 324.35101.
(w) Research natural areas as defined in CFR
Title 36, Section 251.23.
(x) Land
uses, land access, general size and shape of tracts of land, and current and
historic land use trends.
(y)
Species and abundance of aquatic and terrestrial flora and fauna, and predicted
variations in their occurrence based on at least 2 years of relevant
information. Relevant information may include records of pertinent data at
other sites having documented similar conditions or credible regional studies
from acknowledged sources, but shall include at least 1 year of site -specific
data.
(z) Fish and wildlife
habitats.
(aa) Threatened species
or endangered species as defined in part 365 of the act or in the endangered
species act of 1973, Public Law 93-205, 87 Stat. 884.
(bb) Species of special concern as designated
by the US forest service region 9 regional forester's list of species of
special concern.
(cc) Non-native or
invasive plant and animal species.
(dd) Ecological systems as identified in
recognized published sources.
(ee)
Cultural, historical, or archaeological resources.
(ff) Air quality.
(gg) Meteorology, and predicted seasonal and
long-term variations of the meteorology.
(hh) Visual resources.
(ii) Noise.
(jj) Light.
(kk) Seismicity.
(3) For the conditions and features listed in
subrule (2)(d), (e), (g), and (gg) of this rule, the required characterization
of seasonal or long-term variations in the condition or feature shall be
satisfied by a combination of documented observations of pertinent data over a
period of at least 2 years at the monitoring site and records of pertinent data
at other sites having documented similar conditions or credible regional
studies from acknowledged sources. Seasonal and long-term variations at the
monitoring site shall be predicted, where feasible, using statistical analysis
demonstrating a confidence interval. The statistical analysis shall include an
explanation of how the use of any data from other sites affects the confidence
interval. Analysis of potential impacts shall incorporate credible extremes in
the condition or feature based on the statistical analysis.
(4) An applicant may describe the types of
public input sought, if any, in preparing the environmental impact assessment,
and may include the method used to collect public input and a summary of
relevant comments.
(5) Information
required by rules promulgated under another part of the act or under other
state or federal law and incorporated in the environmental impact assessment
shall satisfy the requirements for an environmental impact assessment under
these rules to the extent that the information addresses the area and
activities as required under part 632 of the act .
Notes
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