Soil and Sediment

 

SOIL EROSION - SEDIMENTATION CONTROL PROGRAM

Pursuant  to the Michigan Soil Conservation Erosion and Sedimentation Control  Act, Part 91 of Act 451 of the Public Acts of 1994, as amended, MCL  324.9101 et seq.

As  defined by Part 91 of PA 451 of 1994, a Soil Erosion Control Permit  under MCL 324.9113 is required for earth changes that are located within  500 feet of a lake, stream and for earth changes that are one acre  (43,560 square feet) or more in surface area, regardless of location. 






  Please contact:

Jennifer Ricker
Soil & Sedimentation CEA for Iron County

(906) 875-3765

ironbaragacd@gmail.com

 

DEFINITIONS:

EARTH  CHANGE – A human made change in the natural cover or topography of  land, including cut and fill activities, which may result in or  contribute to soil erosion or sedimentation of the waters of the state,  as defined in MCL 324.9101. This shall include without being limited to  excavating, filling, stockpiling, grading, clearing, grubbing, and  stumping.

STREAM  – A natural or artificial river, creek or other surface watercourse  which may or may not be serving as a drain (as defined in Act No. 40 of  the Public Acts of 1956, as amended by MCL 280.1 et seq.) and which has  definite banks, a bed, and visible evidence of the continued flow or  continued occurrence of water, including the connecting waters of the  Great Lakes [see Michigan Administrative Code R323.1701 (k)]. This  includes a ditch, gully, ravine, etc. that is serving as a river, stream  or creek.

LAKE  – All natural and artificial inland lakes or impoundments that have  definite banks, a bed, visible evidence or a continued occurrence of  water, and a surface area of water that is equal to or greater than one  acre, including manmade ponds greater than one acre Lakes [see Michigan  Administrative Code R323.1701 (d)]. “Lake” does not include sediment  basins and basins constructed for the sole purpose of stormwater  retention, cooling water, or treating polluted water.

25-YEAR  FREQUENCY, 24-HOUR DURATION EVENT – The amount of rainfall in  determining a 25-year frequency, 24-hour duration event is dependent  upon the site location and the storm frequency. A 25-year (or 4% chance)  event is defined as an event which contributes 4.17 inches of water in a  24-hour period (taken from Michigan Department of Environmental Quality  Soil Erosion and Sedimentation Control Training Manual, Soils and  Runoff section; Figure 3, page 10)

 

EXEMPTIONS:

There are a few types of  earth change activities that do not need permits. The exempted  activities are beach nourishment projects under Part 325, minor earth  changes of less that 225 square feet, plowing/tilling for crop  production, mining, and logging. The exemption for mining does not apply  to the removal of topsoil, sand, gravel, peat, clay, or marl. The  exemption for mining and logging does not apply to ancillary or support  facilities such as access roads, staging areas, processing facilities,  and stockpiles that are outside of the “harvest” or “mining” area. The  exemptions listed above do not apply if the activity is a phase of site  preparation for another land use activity that requires a permit.

BEACH NOURISHMENT PROJECT - Project permitted by MDEQ under Part 325 of PA 451.

MINOR  EARTH CHANGE – An Earth Change of a minor nature that is stabilized  (riprap, seed/mulch, gravel, etc.) within 24 hours of the initial earth  disturbance and that will not contribute sediment to lakes or streams.

NORMAL  DRIVEWAY/ROAD MAINTANECE – Normal road and driveway maintenance, such  as grading or leveling, that does not increase the width or length of  the road or driveway and that will not contribute sediment to lakes or  streams.

Soil and Sedimentation Exemption