Oko Submits Public Comment on Springfield Township’s Mining Ordinance
At its August 13 meeting, the Springfield Township Board postponed the first reading of the proposed mining ordinance amendments and opened a period for residents to submit public comments and suggestions. The form for public comment was made available to the public on the Township website on August 21 with a deadline of August 25. This gave residents a 5-day window to submit their comments. So more of a cracked window of opportunity.
I used that time to provide a detailed review of the proposed changes and offer recommendations based on the issues that have surfaced throughout the Township’s ongoing review of the Levy/Burroughs Materials mining proposal.
The form for public comment was made available to the public on August 21 and closed August 25, giving residents 5-day to submit comments – so more like a cracked window.
and on August 24, I submitted my public comment on Springfield Township’s proposed mining ordinance amendments.
It’s 75 pages – so more like a small book of comments.
The length reflects how many issues can become important when a mining operation may continue for decades. My submission includes 25 sections of recommendations addressing the full process including what information should be required before approval, how a mining operation should be monitored, and how the Township can make sure permit conditions remain enforceable years into the future.
THE MAIN POINT
The central idea behind my recommendations is simple:
A mining permit is only as effective as the Township’s ability to administer and enforce it.
A strong ordinance should not simply get the Township through the application process. It should create a system that continues to work after approval, even when there are changes in Township boards, staff, consultants, mine employees and even ownership. That means requiring enough information before a decision is made, establishing measurable operating limits, independently reviewing technical information, monitoring actual conditions over time, maintaining organized records and having clear procedures when something goes wrong.
THE SUGGESTIONS
My comments build on Springfield Township’s existing mining regulations rather than suggesting they be completely replaced.
Among the major areas addressed are:
- Application completeness and administrative closure;
- Outside permits and agency coordination;
- Groundwater and private-well protection;
- Wet mining and water management;
- Wetlands, wildlife habitat and other natural features;
- Traffic and haul-route safety;
- Mining phases and progressive reclamation;
- Hours, setbacks, noise, vibration and dust;
- Annual permit renewal and monitoring;
- Complaints, violations and stop-work procedures;
- Ethics and applicant interactions; and
- Township oversight and administrative authority.
A recurring theme throughout the document is that important questions should be answered before approval, not deferred until later. Baseline information should be collected before disturbance occurs. Significant technical studies should be completed early enough to inform the Township’s decision. And if traffic, groundwater, noise or environmental reviews are based on a particular level of activity, the resulting permit should establish meaningful limits around the operation that was actually reviewed.
These recommendations are the result of 15 months of closely following Springfield Township’s review of the Levy/Burroughs Materials mining proposal, spending several months directly involved in the Township’s review process, and speaking with hundreds of concerned residents.
During that time, I reviewed application materials, technical studies, Township and consultant documents, meeting discussions, environmental information, other Michigan mining ordinances, relevant court decisions and provisions of the Michigan Zoning Enabling Act. That process raised practical questions about application completeness, technical review, groundwater protection, recordkeeping, enforcement and long-term administration.
Springfield now has an opportunity to use what has been learned from an actual large and complicated mining application to strengthen the rules that will govern mining operations.
THESE ARE ONLY SUGGESTIONS
My submission is not intended to be final ordinance language, nor is it an argument against lawful mineral extraction. I am not an attorney, municipal-law professional or professional ordinance drafter. These are policy suggestions for the Township Board, its counsel and technical consultants to consider as they work through the proposed amendments.
READ THE FULL PUBLIC COMMENT
My complete Public Comment and Recommendations – Proposed Amendments to Chapter 12, Article IV, Mining Control is available below.
