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-Feak
Soil & Sedimentation CEA for Iron County
(906) 875-3765
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.