Michigan law states that any earth change within 500 feet of a lake or stream or any earth change of one or more acres in size requires a Part 91 Soil Erosion and Sedimentation Control (SESC) permit.
The Arenac County Soil Erosion and Sedimentation Control Program is established under Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act 1994 PA 451, as amended. Counties are mandated by statute to administer and enforce Part 91. The program is regulated by Arenac County Ordinance 2017-01 with oversight from the Michigan Department of Environment, Great Lakes and Energy. The County Enforcing Agency is responsible for implementing and enforcing an effective Part 91 program. The SESC permit requires acceptable SESC measures to be used and maintained effectively to reduce soil erosion and off-site sedimentation.
SESC Permit
Landowners are required to submit a signed permit application that includes customer information, a site plan, and attachments outlining temporary and permanent soil erosion and sedimentation control measures that they will implement during the earth change activity. The landowner must include a schedule of SESC activities, including the estimated installation and removal dates of temporary measures, and an estimated installation date and maintenance plan for permanent SESC measures. Permits will only be issued once all criteria are met. The County Enforcement Agency (CEA) has 30 days to review the completed application and make a determination. The site plan and construction schedule are required by Part 91 and must be filled out completely and submitted as part of the application. An SESC permit must be extended if a site cannot be stabilized before its permit expires. If a permit is not extended and the site is not permanently stabilized, the coverage will terminate when the permit expires, and the site will be in violation of Part 91. Additional fees may apply. Part 91 requires the SESC permit AND site plan to be posted prominently on the site until it is fully stabilized.
Stormwater Coverage through Permit-by-Rule
Construction activities that disturb one or more acres of land and have a point-source discharge of storm water to waters of the state, such as a storm drain, are required to obtain a National Pollutant Discharge Elimination Systems (NPDES) permit from the Michigan Water Resources Division (WRD). Under the WRD “Permit-by-Rule” process, applicants must receive both Part 91 and Part 31 coverage through an appropriate permitting agency, such as the Arenac Conservation District. For sites disturbing one to five acres, Part 31 storm water coverage is automatically granted when receiving Part 91 coverage. For sites disturbing five or more acres, the applicant must obtain a Part 91 permit and submit and application through the MiWaters for Notice of Coverage (NOC) to the WRD. Along with the NOC application, the applicant/permittee must submit a copy of the SESC permit, approved SESC plan, site location map, and the $400 permit fee. The permittee must also follow the requirements of Permit by Rule. For more information on SESC permits and Storm Water Coverage, contacting your WRD storm water staff (EGLE Soil Erosion and Construction Storm Water Staff Map), or call 800-662-9278.
Inspections
The CEA will inspect the site prior to issuing a permit and periodically inspect the site to ensure compliance throughout the construction phase(s) of the project. A final inspection will be conducted after the project is completed and the site is stabilized. The CEA inspects the entire site to ensure ALL installed SESC measures are functioning as required in the site plan, that sediment is not being discharged offsite or to waters of the State, that all Part 91 laws and regulations are being followed and that the permit is properly posted.
Permit Closeout
The owner or contractor must contact the CEA office for a final inspection when all temporary SESC measures have been removed, and all permanent measures are in place and stabilized. Stabilization requires proper covering of soil that ensures its resistance to soil erosion, sliding, or other earth movement. Rule 1709 of Part 91 states that “disturbed land areas must be stabilized within five calendar days of achieving final grade or the final earth change has been completed.”
On-Site Responsible Person
It is the property owners’ responsibility to ensure Part 91 rules are followed, even if a contractor or other party is listed on the permit as the on-site responsible person. The on-site responsible person must be involved with the project for its duration. If the designated on-site responsible person changes during the project, the landowner must notify the CEA with the name and contact information of the new on-site responsible person. Any party other than the property owner submitting a permit application must have a letter from the property owner authorizing them as a designated agent.
Property Transfers and the SESC Permit
When a property with an active SESC permit changes ownership partially or completely, a “permit transfer” or a “transfer of permit obligations” notification of Existing Soil Erosion and Sedimentation Control Permit form must be filed with the Arenac County SESC Program prior to the transfer. The current owner and new owner must sign a written agreement transferring the remaining permit obligations, including any current violations, to the new owner. Both forms are available through our office. Maintenance responsibilities are a part of any sale of exchange agreement for land on which the permanent SESC measures are located.
Surety Bond Requirements
Prior to issuance of an SESC permit, the applicant may be required to post a surety bond executed by the owner and a state approved corporate surety authority. The bond amount is set by the County Enforcing Agency in an amount equal to the cost of all temporary and permanent SESC measures, with a minimum rate of 10 times per acre of the site inspection fee rate. A cash deposit for the bond amount may be filed in lieu of a surety bond.
Violations
Failure to comply with Part 91 provisions constitutes a violation of law. All violations should be corrected within five days following the issuance of a written notice issued by the CEA. Written notices will include a description of the violation, the necessary corrections that must be taken, and a time frame in which to comply with Part 91. Failure to incorporate corrections shall cause the SESC permit to become null and void and initiate legal action.
Common Activities Not Requiring an SESC Permit
See Part 91 for all others
An individual residential property owner may conduct the following activities on their individual residential property owned and occupied by him/her and is not required to obtain a permit under Part 91 if the earth change activities do not result in or contribute to soil erosion or sedimentation of the waters of the State or a discharge of sediment off-site. The property owner, although exempt from obtaining a Part 91 permit is not exempt from the laws and regulations of Part 91. The County Enforcing Agency (CEA) has the right and responsibility to take enforcement actions(s) upon any site that results in soil erosion and/or sedimentation leaving the site and/or entering waters of the state. These activities are:
All residential gardens unless the natural elevation is raised. (i.e.: Raised box gardens where fill dirt would be brought in.)
Tree or shrub stump and root removal not exceeding 100 sq. ft. unless within 500 ft of a water body. Contact the office if you need clarification.
Post Hole Digging for fencing, decks, utility posts, mailboxes, or similar applications. This only applies if no additional grading is done.
Farming, plowing, or tilling of land for the purpose of crop production or harvesting of crops. (this does NOT include grading or tiling)
Some logging and mining operations. Access roads to logging and mining sites and ancillary activities associated with logging and mining operation are NOT exempt. The removal of clay, gravel, sand, peat, or topsoil is not considered “mining” and therefore requires a permit.
Earth changes associated with oil or gas exploration and development, including well locations, surface facilities, flow lines, or access roads related to oil or gas exploration and development regulated under Part 615 of the NREPA. Contact EGLE.
Normal road and driveway maintenance such as grading or leveling, that does not increase the width or length of the road or driveway and will not contribute sediment to lakes or streams.
Minor earth-change activities stabilized within 24 hours, including but not limited to:
- Planting of trees, shrubs, or other similar plants.
- Seed or reseed lawns of less than one acre if the seeded area is at least 100 feet from state waters.
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Temporarily stockpile of soil, sand, or gravel not greater than a total of 10 cubic yards on the property if the stockpiling occurs at least 100 ft. from state waters.
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Seawall maintenance does not exceed 100 square feet. This is only for maintenance with no disturbance. Replacement seawalls need a permit.
Beach nourishment projects require a EGLE permit under Part 325 of Act No. 451.