Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act (NREPA) (Part 91) provides for the control of soil erosion and protects adjacent properties and the waters of the state from sedimentation. A permit is generally required for any earth change activity which disturbs one or more acres of land or which is within 500 feet of a lake or stream. [Source]
Why is erosion and sediment control important?
Sediment is the greatest pollutant by volume impacting our lakes, streams, and wetlands. Sediment is the product of uncontrolled erosion. Everyone in Michigan is affected by erosion and off-site sedimentation. Erosion and sedimentation result in: loss of fertile topsoil, filling of lakes and streams, increased flooding, damage to plant and animal life, and structural damage to buildings and roads.
Construction is one of the major causes of erosion in Michigan. Without proper planning and management, over 100 tons of sediment per acre per year can be generated on some construction sites.
Why was Part 91 passed?
The primary intent of Part 91 is to protect the waters of the state and adjacent properties by minimizing erosion and controlling off-site sedimentation.
What activities require a Part 91 permit?
A permit is generally required for any earth change that disturbs one or more acres, or is within 500 feet of a lake or stream. Exempted activities include plowing and tilling for crop production and some logging and mining activities. Access roads to the logging and mining sites and ancillary activities associated with logging and mining operations are not exempt. The removal of clay, gravel, sand, peat, or topsoil is not considered “mining” and therefore requires a permit. Cutting trees and removing stumps to accommodate future development activities is not “logging” and permits are required. All exempted activities are detailed in Sections 9115 and 9115a of Part 91 and in Rule 323.1705 promulgated under the authority of Part 91. Copies of Part 91 and the rules can be found on the SESC Web page by going to: www.michigan.gov/soilerosion.
Where do I obtain a Part 91 permit?
Counties have the primary responsibility for issuing permits. In some cases, cities, villages, and townships have assumed permitting responsibility within their jurisdictions. Permit applications can be obtained from the respective county or municipal agencies. A list of county and municipal enforcing agencies can be found on the SESC Web page by clicking on Soil Erosion and Sedimentation Control Agencies under “General Information.”
What information is required in the permit application?
The applicant must submit an application that provides specific information such as the name of the on-site responsible person, location and size of the earth change, description of the earth change, and project starting and ending dates. The applicant must also submit a SESC plan that includes the following information:
- A map showing the site location, predominant land features, and proximity to lakes, streams and wetlands, and contour intervals or slope information.
- Soils information.
- Physical limits of each earth change.
- Location of existing and proposed on-site drainage patterns and dewatering facilities.
- Timing and sequence of each proposed earth change.
- Description of all temporary and permanent erosion and sedimentation control measures.
- A schedule for maintaining all control measures. 8. Any other information required by the permitting agency.
What principles should be considered when developing a SESC plan?
- Integrate the overall construction design and activities to fit the physical features of the site.
- Stage construction and stabilization activities to minimize the area and duration of disturbance.
- Identify control measures that will minimize erosion.
- Identify controls that will prevent off-site sedimentation. Sediment control should not be used as used as a substitution for erosion control, but rather in conjunction with erosion control.
- Establish an inspection and maintenance schedule
How can I maintain compliance with Part 91?
- Obtain a permit from the appropriate county or municipal enforcing agency.
- Install all temporary and permanent SESC measures in accordance with the approved SESC plan and special permit conditions. Temporary SESC measures should be installed prior to or upon commencement of the earth change.
- Inspect all projects at least weekly and after every rainfall event to evaluate the effectiveness of the SESC measures.
- Maintain and/or replace all SESC measures per plan requirements or as needed based on the site inspections.
- Notify the permitting agency when the project begins and for a final inspection when the site is stabilized. Note: If the permit will expire before the site is stabilized, a request for a permit extension must be made before the permit expires.
The information provided above is from the Department of Environmental Quality website. For more information, please see the following resources:
- http://www.michigan.gov/deq/0,1607,7-135-3311_4113—,00.html
- https://www.michigan.gov/documents/deq/wb-sesc-FAQ_261925_7.pdf
After calling in Miss Dig for the mandatory three day wait time and before starting any project, Ron Meyer & Associates Excavating will put in as many soil erosion measures, as possible. Let’s talk about your project!
As 45 years of experience as an underground/site contactor and a third generation contractor, Ron takes time to go through each individual project with the supervisor and is responsible for all scheduling and equipment logistics. He’s also involved in all troubleshooting for projects.