Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1701 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1701.
(1) As
				  used in this part:
(a) "Accelerated soil
				  erosion" means the increased loss of the land surface that occurs as a result
				  of human activities.
(b)
				  "Acceptable erosion and sediment control program" means the activities of a
				  county or local enforcing agency or authorized public agency that are conducted
				  in accordance with these rules and part 91 regarding staff training, developing
				  and reviewing plans, issuing permits, conducting inspections, and initiating
				  compliance and enforcement actions to effectively minimize erosion and off-site
				  sedimentation.
(c) "Designated
				  agent" means a person who has written authorization from the landowner to sign
				  the application and secure a permit in the landowner's name.
(d) "Lake" means the Great Lakes and all
				  natural and artificial inland lakes or impoundments that have definite banks, a
				  bed, visible evidence of a continued occurrence of water, and a surface area of
				  water that is equal to, or greater than, 1 acre. "Lake" does not include
				  sediment basins and basins constructed for the sole purpose of storm water
				  retention, cooling water, or treating polluted water.
(e) "Landowner" means a person who fulfills 1
				  or more of the following requirements:
(i) The
				  person owns or holds a recorded easement on the property.
(ii) The person is engaged in construction in
				  a public right-of-way in accordance with sections 13, 14, 15, and 16 of 1925 PA
				  368, MCL
				  247.183,
				  247.184,
				  247.185,
				  and
				  247.186.
(iii) The person is engaged in a project that
				  meets all of the following conditions:
(A) The
				  project is related to 1 or more roads, highways, sidewalks, trails, driveways,
				  parking areas, forms of public transit, forms of nonmotorized transportation,
				  or boating, including all structures, improvements, features, and lands related
				  to the project.
(B) One or more
				  state agency or local unit of government owns, exercises jurisdiction over, or
				  holds a recorded easement on the property in the area where the earth change
				  will occur.
(C) All state agencies
				  or local units of government that own, exercises jurisdiction over, or have a
				  recorded easement on the property in the area where the earth change will occur
				  grant a permit or written authorization to the person that specifies where the
				  earth change is allowed to occur.
(D) No state agency or local unit of
				  government that owns, exercises jurisdiction over, or holds a recorded easement
				  in the area where the earth change will occur has control over the project
				  during construction. The control prohibited by this subparagraph includes, but
				  is not limited to, paying for or having a financial interest in the project
				  during construction or directing contractors and other individuals engaged in
				  construction work. The control prohibited by this subparagraph does not consist
				  solely of establishing construction requirements or conducting
				  inspections.
(f) "Nonerosive velocity" means a speed of
				  water movement that is not conducive to the development of accelerated soil
				  erosion.
(g) "Part 91" means part
				  91 of 1994 PA 451, MCL
				  324.9101 to
				  324.9123.
(h) "Sediment basin" means a naturally
				  occurring or constructed depression used for the sole purpose of capturing
				  sediment during or after an earth change activity.
(i) "Stabilization" means the establishment
				  of vegetation or the proper placement, grading, or covering of soil to ensure
				  its resistance to soil erosion, sliding, or other earth movement.
(j) "Storm water retention basin" means an
				  area that is constructed to capture surface water runoff and that does not
				  discharge directly to a lake or stream through an outlet. Water leaves the
				  basin by infiltration and evaporation.
(k) "Stream" means a river, creek, or other
				  surface watercourse that may or may not be serving as a drain as defined in
				  1956 PA 40, MCLs 280.1 to 280.630, 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.
(l) "Temporary soil erosion and sedimentation
				  control measures" means interim control measures that are installed or
				  constructed to control soil erosion and sedimentation and that are not
				  maintained after project completion.
(m) "Permanent soil erosion and sedimentation
				  control measures" means control measures that are installed or constructed to
				  control soil erosion and sedimentation and that are maintained after project
				  completion.