SB-1488, As Passed Senate, September 22, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1488

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 32607 (MCL 324.32607), as amended by 2004 PA

546.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32607. (1) The department shall not authorize the same

bottomland log removal area in more than 1 submerged log removal

permit at any 1 time.

     (2) The department may modify the boundaries of a proposed

bottomland log removal area in a submerged log removal permit to

avoid overlaps with other active submerged log removal permits or

adverse impacts, including, but not limited to, impacts to the

environment, natural resources, riparian rights, and the public

trust.

     (3) A submerged log removal plan approved by the department

shall be included in each submerged log removal permit.

     (4) A submerged log removal permit shall contain terms and

conditions that are determined by the department to protect the

environment, natural resources, riparian rights, and the public

trust.

     (5) Each submerged log removal permit shall expire on January

1, 2013 upon the expiration of the required permit issued by the

United States army corps of engineers, but not later than January

1, 2023. An applicant shall notify the department of the date on

which the federal government United States army corps of engineers

issued its approval for the submerged log removal permit.

Processing fees received under this subsection shall be forwarded

to the state treasurer for deposit into the fund.

     (6) A submerged log removal permit issued under this section

is not transferrable unless approved in writing by the department.

     (7) An applicant for a submerged log removal permit shall

provide a performance bond acceptable to the department in the

amount of $100,000.00. The performance bond shall be provided to

the department at least 10 days prior to beginning submerged log

removal in a bottomland log removal area. The performance bond

shall ensure compliance with the submerged log removal permit for

the period of the permit or until the authorized submerged log

removal is completed to the satisfaction of the department and all

payments under section 32609 have been made. The department shall

issue a written statement releasing the permittee and bonding

company upon termination of the submerged log removal permit and

upon satisfaction of the department as to the compliance of the

permittee with the terms and conditions of the permit. The

department may draw upon the performance bond for delinquent

payments as required in section 32609.

     (8) A permittee may request, in writing, and the department

may grant, termination of a submerged log removal permit prior to

the expiration date, including release from quarterly reports and

performance bond requirements.