Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1302 - Permit applications and procedures

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				application for a permit for a proposed project shall be made on a form that is
				prescribed and provided by the department. The application form shall be the
				same form that is used for other department-administered statutes that require
				permits at the land-water interface. Application forms may be obtained from the
				land and water management division or from any district or regional office of
				the department.
(2) An application
				fee for a permit to repair, alter, remove, or abandon a dam shall be submitted
				with the application form. Submission of an application fee for a permit to
				construct, reconstruct, or enlarge a dam may be deferred until plans and
				specifications are submitted. The fee for enlargement of a dam that is part of
				a mine tailings basin system shall be based on the height of the new embankment
				section as measured by the vertical distance from the lowest point of the
				embankment crest to the lowest tailings foundation elevation. The fee shall be
				paid by check, money order, or draft made payable to: "State of
				Michigan".
(3) When the proposed
				project includes related multiple impoundments, an applicant may apply for a
				single permit, but an appropriate fee shall be required for each
				impoundment.
(4) An application for
				a permit to construct a new dam, enlarge an existing dam, or reconstruct a
				failed dam shall be reviewed by the department in a 2-step process. The first
				step shall be a review of the conceptual plans to determine if the proposed
				project may have a significant adverse effect on public health, safety,
				welfare, property, or natural resources or the public trust in those natural
				resources. The second step shall be the review of plans and specifications to
				determine if the engineering design is acceptable.
(5) An application for a permit to construct
				a new dam, enlarge an existing dam, or reconstruct a failed dam shall include
				all of the following:
(a) A description and
				evaluation of the loss of natural resources that are associated with the
				project.
(b) A description of the
				natural resources that are associated with or created by the impoundment and
				how they offset the natural resources lost by the creation of the
				impoundment.
(c) The project
				assessment required pursuant to the provisions of R 281.1304. However, an
				assessment is not required for a permit to enlarge an existing dam when the
				purpose of the impoundment will remain the same as the original impoundment and
				the surface area of the impoundment will be increased by 10% or less.
(d) Conceptual plans that are adequate to
				evaluate the project's impacts on public health, safety, welfare, property, or
				natural resources or the public trust in those natural resources. Conceptual
				plans shall include, at a minimum, all of the following:
(i) A site plan that shows all of the
				following:
(A) The location of the
				dam.
(B) The existing stream
				channel.
(C) The normal shoreline
				of the proposed impoundment.
(D)
				Property lines.
(E) Dimensions or
				proper scale.
(ii)
				Transverse and longitudinal cross-sections through the dam that show all of the
				following:
(A) The spillway or
				spillways.
(B) Upstream and
				downstream water levels.
(C) The
				stream channel bottom.
(iii) The location of all occupied dwellings
				within 1/4 of a mile of the proposed impoundment if the dam is new or if the
				impoundment elevation is changed. Projects that do not propose an impoundment
				elevation change are excluded from this requirement.
(iv) Ingress and egress routes for
				construction activities.