September 14, 2010, Introduced by Senator BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
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. 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.