In such cases as the reclamation plan provides for a permanent
water area, excavations shall be made to a water depth of at least
10 feet below the low-water mark, for at least 80% of the entire water
area. Upon completion of any phase of reclamation wherein a permanent
water area is provided said water area shall be tested for water quality
for body contact by the County Health Department prior to continuation
of reclamation.
The surface area of all land not to be permanently submerged
under water shall be graded and backfilled as necessary so as to reduce
peaks and depressions, and so as to produce a gently rolling surface
that will minimize erosion due to rainfall, and which will produce
a natural appearance in relation to the property as it existed prior
to the commencement of mining operations and in relation to the property
in the area of the subject property.
Slopes shall be graded to permanent water areas, if any and
to the pit floor in connection with an operation without permanent
water areas, and shall not be graded to the exterior areas of the
property so as to create the potential of flooding on adjoining properties
and roads. In no event shall a reclaimed slope have a grade in excess
of a minimum ratio of one foot vertical to four feet horizontal. Moreover,
for permanent water areas, for a distance of not less than 10 feet
nor more than 50 feet, the submerged slopes shall be graded from the
water's edge at a grade not in excess of a minimum ratio of one-foot
vertical to seven-feet horizontal.
Vegetation shall be reclaimed by the use of sufficient soil
and overburden, and by appropriate seeding of perennial grasses and
ground cover or planting of shrubs or trees in all parts of the reclaimed
mining area not to be submerged under the water, or within 25 feet
of the shoreline of a permanent water area. Reclamation with appropriate
turf, vegetation, soil, overburden, shrubs and trees shall be implemented
in a manner so as to prevent washout and erosion. In the event of
a disagreement between the permittee and the Director of the Building
Department, with respect to the meaning and interpretation of this
section, the Township Board shall make a final determination.
In the event filling of the mined area is necessary in the course
of reclamation, the fill material shall not consist of and/or contain
any organic waste, hazardous waste, industrial waste, or sludges and
sewage residues, whether or not compounded, mixed, combined, bound
or contained within any other material through any chemical or physical
process or a combination thereof, or in any other fashion, and, moreover,
such fill material shall not contain any other material which will,
or is likely to, impair or harm the air, water and natural resources,
and public trust therein, and/or the public health and safety. Any
solid waste regulated by Part 115 of Public Act No. 451 of 1994 (MCLA
§ 324.11501 et seq.) and any hazardous waste regulated by
Part 111 of Public Act No. 451 of 1994 (MCLA § 324.11101
et seq.) shall not be used for fill and/or reclamation material of
a mined area.
Upon cessation of mining operations as provided for in the permit,
or as a result of any earlier termination, voluntary or involuntary,
the permittee, within the dates stated in the permit, or within 150
days after the termination of the operation (not including days in
the months of December through March, inclusive) shall complete reclamation
of the property. Moreover, within a reasonable period of time, not
to exceed the time stated in the permit, or within seven months after
termination, whichever period is shorter, the permittee shall remove
all buildings, structures, machinery, equipment, vehicles and stockpiles,
provided it shall not be necessary to remove buildings, structures
which may lawfully be used in the zoning district in which the property
may be situated. The Township Board may permit materials which have
been mined, processed and stockpiled during the mining period to be
sold during the reclamation period if and to the extent that such
activity does not interfere with reclamation, and not thereafter,
and such stockpiles shall in all events be removed within the time
provided for reclamation hereunder. In the event the Township is required
to complete reclamation, any remaining mined materials overburden,
topsoil, stockpiles or similar materials may be used in the reclamation
of the mining area.
The standards set forth in this article shall be considered
minimum standards and stricter standards may be required by the Township
Board, if and to the extent such stricter standards are demonstrated
to be necessary to protect the environment and/or the public health,
safety and/or welfare.
