Below is a public notice from the Department of Natural Resources and Environment’s Environmental Calendar and the proposed draft General Permit. The Department would appreciate your review and comments by March 17, 2010. Thank you.
DEADLINE FOR PUBLIC COMMENT REGARDING A PROPOSED GENERAL PERMIT FOR RECREATIONAL GOLD PANNING AND SLUICING ON SELECT STREAM FRONTAGE OWNED BY THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT (DNRE). Pursuant to Part 301, Inland Lakes and Streams, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, the DNRE's Land and Water Management Division is proposing to establish a General Permit for recreational gold prospecting along certain DNRE riparian frontage on select streams. Action has been taken to allow this activity along DNRE state administered lands by enacting Director’s Order Number 2 of 2009. The issuance of a general permit, with proposed limitations and conditions will meet the environmental protection requirement of the Inland Lakes and Streams statute. The proposed General Permit can be found at http://www.michigan.gov/documents/deq/lwm-gold_308221_7.pdf or may be requested from the address given below. Written comments should be submitted directly to the Michigan Department of Natural Resources and Environment, Land and Water Management Division, Attention: Mr. Martin Jannereth, P.O. Box 30458, Lansing, MI 48909‑7958 or e‑mail to jannerethm@michigan.gov. All comments must be received by March 17, 2010. Information contact: Martin Jannereth, Land and Water Management Division, 517‑335‑3458.
DRAFT
GENERAL PERMIT CATEGORY
RECREATIONAL GOLD MINING ON CERTAIN MICHIGAN STREAMS HAVING STATE-OWNED SHORELINES
January 22, 2010
Issued Under Part 301, Inland Lakes and Streams, of the Natural Resources and Environmental Protection Act, 1994 PA 451 as amended (NREPA), being Section 324.30101 to 324.30113 of the Michigan Compiled Laws, Annotated.
PURPOSE
The purpose of this General Permit is to facilitate recreational gold prospecting under limited conditions by authorizing the use of a hand-operated sluice box within the specified timeframe, and in accordance with other listed conditions. This General Permit would align Part 301 regulations with the Department of Natural Resources and Environment’s (DNRE) objectives for limited recreational gold prospecting uses along select portions of state-owned stream shorelines. A permit holder will be able to use a sluice box of up to a specified size, during specified times, in Michigan along state‑owned streams, except those stream types specifically omitted.
The ownership interest in the stream bed is divided between the owners of opposing stream banks at the thread of the stream. Permittees must ensure that they remain on the riparian interest area of a streambed in State ownership.
Gold panning by hand is not regulated by Part 301 and can be conducted on state‑owned riparian interest areas of streams, as authorized by the DNRE. Gold panning on other landowner’s riparian interest areas of a stream requires prior approval of the property owner. Gold panning can be conducted in authorized areas year around.
REGULATORY AUTHORITY
This General Permit is issued by the DNRE’s Land and Water Management Division (LWMD) under the authority of Part 301. This authority allows for the issuance of a General Permit by the LWMD for activities that are similar in nature, will cause only minimal adverse environmental effects when performed separately, and that will only have minimal cumulative adverse effect on the environment. The LWMD may impose additional site-specific conditions as needed under this General Permit if the conditions are to mitigate the impact of the activity. The LWMD may also establish a reasonable time when the proposed activity is to be authorized.
GENERAL PERMIT PROCEDURES
A person seeking authorization under this General Permit must submit a permit application on a form provided by the LWMD and include the required information and a fee. The LWMD will review applications for authorization under this General Permit to determine whether the conditions and limitations are met. Applications processed under General Permit procedures are reviewed without issuance of a public notice. If it is determined that an application for a specific project meets all the general and specific criteria, written authorization under the General Permit will be issued to the applicant. The department may issue, deny, or impose conditions on project activities authorized under this General Permit. The department will provide a written response to each application.
If at any time in the review process it is determined that an application for a specific project does not meet all the General Permit criteria, the project will be processed as an individual permit application and public noticed. The processing as an individual permit application may require the applicant to provide additional information and an additional fee.
ACTIVITIES THAT MAY BE AUTHORIZED UNDER THIS GENERAL PERMIT
An applicant may request authorization under this General Permit FOR A LIMITED PERIOD to conduct recreational gold prospecting using a sluice box only on state-owned mineral and surface lands with riparian rights along a stream ADMINISTERED BY THE DNRE, provided that the proposed activity meets the following specified conditions and limitations.
- This General Permit is not applicable in the following sensitive natural resource areas:
- a state designated natural river
- a state designated natural area
- a state designated trout stream
- Dredging or excavation shall only be by hand in the stream bed and shall not disturb the banks of the stream.
- A hand-operated sluice box used shall not be larger than 52 inches long, 12 inches wide and 6.5 inches deep.
- The use of a powered sluice box or any power operated dredge of any kind is prohibited.
- This General Permit is not applicable in any areas of a stream if native mussels are known to occur or if they are encountered while using a sluice box.
- Each General Permit Authorization shall only authorize the use of one sluice box on the state-owned riparian interest areas of a stream from June 15 through September 15 each year until the expiration of the General Permit.
- This General Permit shall not be used to authorize the destruction or alteration of areas of existing native wetland or aquatic vegetation.
- This General Permit shall not be used to authorize activities that may have an adverse impact on state or federally listed or proposed threatened or endangered species or their habitat.
GENERAL LIMITATIONS AND CONDITIONS
The following general limitations and conditions apply to all authorizations issued by the LWMD:
A. Initiation of any work on the permitted project confirms the permittee's acceptance of and agreement to comply with all terms and conditions of an authorization under this permit.
B. The permittee in exercising the authority granted by an authorization under this permit shall not cause unlawful pollution as defined by Part 31, Water Resources Protection, of the NREPA.
C. No attempt shall be made by the permittee to forbid the full and free use by the public of public waters.
D. Authorization under this permit does not convey property rights in either real estate or material, nor does it authorize any injury to private property or invasion of public or private rights.
E. Authorization under this permit does not prejudice or limit the right of a riparian owner or other person to institute proceedings in any circuit court of this state when necessary to protect his or her rights.
F. Authorizations under this permit shall not be assigned or transferred without the written approval of the DNRE.
G. Failure to comply with conditions of authorizations under this permit may subject the permittee to revocation of permit and criminal and/or civil action as cited by the specific state act, federal act, and/or rule under which this permit is granted.
NEED FOR OTHER PERMITS
Issuance of authorization for these activities pursuant to this General Permit does not remove the need for other applicable local, state, or federal permits.
EXPIRATION DATE
This General Permit expires on ________, 2015, unless revoked or modified prior to that date. Any activity authorized under this General Permit must cease by _______, 2015.
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