7 A MDMVA SESC Guidebook 2018 Email Size.pdf

STATE OF MICHIGAN

DEPARTMENT OF MILITARY & VETERANS AFFAIRS

Environmental Section

Construction and Facilities Management Office

SOIL EROSION AND SEDIMENTATION

CONTROL GUIDEBOOK

For Use by the Department of Military & Veteran’s Affairs Environmental Section & Construction and Facilities Management Office Personnel

Administering the Soil Erosion and Sedimentation Control (SESC) Program As Authorized by 1994 PA 451

As an Approved Authorized Public Agency (APA)

Current Revision: October 2018 Prior Revision: March 2005

Rev 10/18 i

State of Michigan Department of Military and Veterans Affairs

SOIL EROSION AND SEDIMENTATION CONTROL

GUIDEBOOK

TABLE OF CONTENTS

Section Page No.

1.0 PROGRAM GUIDELINES

Introduction

The DMVA, Authorized Public Agency (APA)

The DMVA Soil Erosion and Sedimentation Control Program

Principles of SESC

Reference Standards

Planning and Design

Construction

Inspections

Enforcement

SESC Program Contacts

2.0 FORMS

Professional Services Contractor SESC Design Checklist

Contractor’s SESC Implementation Plan Checklist

Authorization to Proceed with Earth Change

Soil Erosion and Sedimentation Control Site Inspection Report ii

State of Michigan Department of Military and Veterans Affairs

TABLE OF CONTENTS (cont’d)

3.0 SOIL EROSION AND SEDIMENTATION CONTROL BEST MANAGEMENT

PRACTICES (BMP’S) DESIGNS AND SPECIFICATIONS

Best Management Practices Keying System

Erosion Controls

Erosion / Sediment Controls

Sediment Controls

References

4.0 MICHIGAN SOIL EROSION AND SEDIMENTATION CONTROL REGULATIONS

PA 451 of 1994, The Natural Resources and Environmental Protection Act

(NREPA), as amended

Part 91 – Soil Erosion and Sedimentation Control

Part 17 – Soil Erosion and Sedimentation Control

MDMVA SESC Guidebook

State of Michigan

Department of Military and Veterans Affairs

1.0 PROGRAM GUIDELINES

Introduction

Soil erosion is defined as the wearing away of land by the action of wind, water, or gravity or a combination of wind, water, and gravity. The result of this wearing away of land is that soil particles are dislodged and put into motion. Soil particles that are in transport or have been transported to new locations and deposited are called sediment. The sedimentation of Michigan’s water resources can adversely affect plant, animal and aquatic life by altering the size or shape of streams, or covering the spawning habitat of aquatic species.

One way to combat sedimentation in Michigan’s water resources is to control the erosion of soil particles from construction sites. Construction projects often require the removal of layers of vegetative cover in order to complete the construction of subgrade structural components or other foundational aspects of a project, thus increasing the likelihood of erosion. With proper design considerations and planning, soil erosion can be controlled such that sediment does not leave the site.

This guidebook is designed to serve as a guidance document for State of Michigan, Department of Military and Veterans Affairs (DMVA) Environmental Section, Construction & Facilities Management Office (CFMO) Division personnel who are involved in the construction and facilities management of new and existing State of Michigan facilities, as well as for military entities conducting training activities involving construction earth changes within DMVA facilities.

Within this document are items that must be considered in order to assure that the proper measures are taken in the CFMO and military training entity phases of projects to control the off-site migration of soil. In addition, sections of this guidebook contain forms that will be used by DMVA staff and military training entities for the review of project documents and the inspection of construction sites for soil erosion and sedimentation control measures. The details and specifications section of the guidebook contains SESC measures to be incorporated into the design of DMVA and military training construction projects. Additional SESC measures not provided in the guidebook could be implemented as the project may require.

The Department of Military and Veterans Affairs, Authorized Public Agency (APA)

The State of Michigan, Department of Military & Veterans Affairs (DMVA), accepts the responsibility for the control of erosion and sedimentation on State Projects for which they manage the construction, as well as SESC governance of applicable military training activities involving construction earth changes within DMVA facilities. DMVA is an Authorized Public

Agency (APA) authorized under Section 9110 of Part 91 to implement SESC procedures with regards to earth changes undertaken at DMVA facilities either administered by CFMO or military training entities. DMVA has established these procedures for the control of erosion and sedimentation and they apply to all projects under the control of the DMVA Environmental Section, Construction & Facilities Management Office, including applicable military construction training activities at DMVA locations.

Soil erosion and sedimentation control (SESC) will be a priority during and after all phases of construction and earth changes. The designers, usually consulting architects and engineers, will develop a comprehensive SESC design plan for each project incorporating, as appropriate, the Best Management Practices (BMP’s) listed within this guidebook and all items in Rule 1703.

All SESC plans will be reviewed and approved by the DMVA Environmental Section, Construction and Facilities Management Office SESC Program prior to releasing the projects for bids. Where applicable, the DMVA Project Director shall utilize the services of the SESC Program to assist the project architect in developing the SESC plans. Following the award of a contract, the construction contractor shall prepare and issue for approval an “SESC Implementation Plan”, which indicates the contractor’s intended implementation of SESC on the project including a schedule and sequence. The SESC Program, upon approval of the implementation plan, will issue to the contractor an “Authorization to Proceed with Earth Change” form, which is to be posted at the jobsite. Note: the SESC plan approval and SESC permitting processes are the same for both State construction projects and military construction training activities. Soil erosion and sedimentation control measures, including the approved construction contractor's implementation and sequencing plan, will be in place and functioning before the soil is disturbed or as specified in the construction schedule. All temporary control measures will remain in place and maintained until the impacted areas are permanently stabilized.

The DMVA Soil Erosion and Sedimentation Control Program

Pursuant to Part 91 of 1994 PA 451, Soil Erosion and Sedimentation Control (SESC), as amended, the DMVA has established SESC procedures to provide "effective soil erosion and sedimentation control, inspection, enforcement and sediment pollution abatement or prevention".

As an Authorized Public Agency (APA), the DMVA is responsible for controlling erosion and off-site sedimentation on all DMVA construction projects, and from applicable military construction training activities at DMVA facilities. This responsibility cannot be transferred to the designer or contractor. However, their contracts (and agreements with other military entities) can include penalties for non-compliance with SESC provisions that are included in the contract documents.

To assist DMVA's Construction & Facilities Management Office (CFMO) with ensuring compliance with Part 91 of 1994 PA 451, a SESC Program has been established. The SESC Program incorporates DMVA staff and the procedures in this guidebook for the control of erosion and sedimentation. The SESC Program functions independent of the construction inspection services being provided by the CFMO. As necessary to meet the technical support needs of the SESC Program, DMVA will contract with professional service contractors (i.e., design architects, engineers, and consultants) who have demonstrated a high degree of expertise in this field.

wernerj1 Highlight wernerj1 Highlight wernerj1 Sticky Note Designers = Design Plan = Before Bid wernerj1 Highlight After Construction Award = SESC Implementation Plan

Individuals within the DMVA Environmental Section, Construction and Facilities Management Office SESC Program responsible for projects required to comply with Part 91, are required to complete the Part 91 training upon appointment. This includes Project Directors, Design Managers, and Inspectors within the CFMO, and Compliance Managers in the Environmental Section. The DMVA encourages all staff to complete the SESC training within one year of their appointment. Individuals working for professional service contractors who provide design, review and inspection services will be required to have completed Part 91 SESC training prior to performing work and shall provide evidence of their SESC certification.

Principles of SESC

The DMVA recognizes seven basic principles of erosion and sediment control. These principles will be implemented by the DMVA, its professional service contractors and the SESC Program during the planning, Construction & Facilities Management Office phases of all projects. The principles are:

1. Design and construct terrain features such as slopes and drainage ways to minimize the erosion potential of the exposed site based on the soil type, time of year, proximity to waterways, duration of exposure, length and steepness of the slope, and the anticipated volume and intensity of runoff.

2. Minimize the surface area of unstabilized soils left unprotected and vulnerable to runoff and wind at any one time.

3. Minimize the amount of time that unstabilized soil areas are exposed to erosive forces.

4. Protect and shield exposed soil areas with a cover of live vegetation, mulch, or other approved erosion resistant material during the temporary and permanent control periods of construction.

5. Avoid concentrating runoff. When concentrated runoff cannot be avoided, runoff velocities shall be reduced to non-erosive velocities.

6. Eroded sediments will be trapped on-site with temporary and permanent barriers, basins or other sediment retention devices while allowing for the controlled discharge of runoff waters at non-erosive velocities.

7. Implement a continuous inspection and maintenance program.

Reference Standards

The DMVA will comply with all requirements set forth in Part 91 of 1994 PA 451, as amended.

Soil erosion and sedimentation control measures and standards shall comply with the Department of Military and Veterans Affairs Soil Erosion and Sedimentation Control Guidebook.

The soil erosion and sedimentation control keying system referenced on construction plans and specifications shall comply with the keying system located within this guidebook. Other SESC measures may be used with the approval of the DMVA.

Planning and Design

During the planning / design stage(s) each project will be evaluated to determine if Part 91 requirements are applicable. When the project involves an earth change, the DMVA Construction and Facilities Management Office and the project architects shall implement these procedures, or appropriate military-authorized entities for military earth change activities. For each project involving an earth change, potential SESC problem areas will be identified and a comprehensive SESC plan will be developed to minimize erosion and off-site sedimentation.

The plan will show the quantity, type and location of each control measure including construction sequencing, provide installation and maintenance schedules, and provide installation details or specifications. The plan or bid document will also provide for miscellaneous materials or quantities to address unanticipated control needs.

Design documents shall ensure permanent SESC measures are in place within 5 days of final grading (weather permitting). If it is not possible to permanently stabilize a disturbed area with 5 days of final grading, then temporary SESC measures shall be maintained until permanent measures are in place and the area is stabilized.

Seed and mulch will be widely used to provide temporary or permanent stabilization. Sod or other erosion resistant material, such as erosion control blankets will be used when seed and mulch is not appropriate, such as on slopes steeper than 1:3 (vertical : horizontal, rise over run).

Special attention will be given to ditches, swales, diversions, and other concentrated flow areas.

These areas will be stabilized with erosion resistant materials, such as sod, erosion control blankets, turf reinforcement mats, or riprap, if erosive runoff velocities are anticipated. Check dams and sediment traps may be used in lieu of, or in conjunction with the erosion resistant material to reduce runoff velocities and trap sediment.

All storm sewer inlets on and off the site impacted by the construction project will be protected with geosynthetic materials or inlet guards. Inlet sumps will be cleaned as necessary throughout the construction period and after project completion.

Special provisions will be included in the plans to control dust and minimize "tracking" of sediment onto the street. All sediment tracked or eroded onto the street will be promptly removed per scheduled street sweeping and/or as required by the project engineer.

Borrow and waste disposal areas will be identified, when possible, on the plan. The same consideration for controlling erosion and off-site sedimentation will apply to the borrow and waste disposal areas as applied to construction areas. When the contractor selects an off-site location for the borrow or waste disposal area, the contractor shall secure a SESC permit from the Part 91 County/Municipal Enforcing Agency and submit a SESC plan to DMVA's SESC Program for approval prior to use of the area(s). The contractor shall ensure that appropriate SESC measures are implemented when off-site areas are permitted by the Part 91 County/Municipal Enforcing Agency. The contractor shall provide to the SESC Program a copy of the Part 91 permits received from the County/Municipal Enforcing Agency before any off-site earthwork commences.

DMVA's SESC Program, shall review the SESC plans to assure they include at a minimum all information required in R323.1703 of Part 91.

Contractors will be required to provide a separate line item cost estimates for: a) SESC implementation plan and construction sequencing, b) installation, maintenance and removal of temporary SESC control measures, and c) installation and maintenance of permanent SESC control measures.

The SESC Program of the DMVA's, Environmental Section, Construction and Facilities Management Office, is responsible for reviewing, and approving all SESC plans prepared by the professional service contractor and the SESC implementation plan and construction sequencing of SESC measures submitted by the contractor.

Construction

All phases of construction and associated earthwork will be undertaken as scheduled and in accordance with the SESC implementation plan. The SESC Program is responsible for ensuring that all SESC measures are properly installed in a timely manner (per plans), maintained, and are effectively controlling erosion and off-site sedimentation.

Based on site conditions, the SESC Program inspection team may make "minor" adjustments to the overall SESC strategy such as relocating or adding silt fence, check dams, or modifying inlet protection controls. Any "major" deviations from the plan requirements, especially in areas with concentrated flows (except check dams); the professional service contractor must prepare and submit plans to the DMVA's Environmental Section, Construction and Facilities Management Office, SESC Program for review and approval prior to implementation. Prior review and approval are not required if the changes are needed to mitigate the effects of an impending sediment release.

Prior to starting work, the SESC Program Manager shall notify the appropriate Part 91 County/Municipal Enforcing Agency of the proposed construction project including off-site borrow and waste disposal areas. In addition, the contractor shall submit their plan to SESC Program or Part 91 Agency, as applicable, for SESC compliance, which shall incorporate design Items a – l in Page 2 of the PSC SESC Design Checklist (See Forms Section).

Inspections

Regular and post-rain event inspections will be conducted by DMVA on-site Resident Inspectors with support from the SESC Program. Project contractors will continuously monitor the project site and adjust or replace ineffective SESC measures. At least weekly and after every significant rain (runoff leaves the site) the inspectors, accompanied by a contractor's representative, will inspect all SESC measures on and off the site and document his/her observations on a "SESC Site Inspection Report" form (See Forms). The inspection report will be filled out completely.

Corrective actions will be completed within 48 hours of discovery for routine maintenance items including but not limited to removing sediment from behind silt fences or check dams, replacing or adding silt fence, seeding and mulching small areas, and street sweeping. Other necessary maintenance or corrective actions will be completed as soon as possible but never more than five (5) days after detection.

SPECIAL NOTE: If sediment is impacting or there is a potential for sediment to impact lakes, streams, and wetlands, corrective actions will be completed within 24 hours.

A standard inspection form for Soil Erosion and Sedimentation Control is attached in the Forms Section of this guidebook.

Enforcement

Schedule of values for construction shall include separate line items for the sequencing of construction, installation, maintenance and removal of temporary SESC measures, and installation and maintenance of permanent SESC measures. The SESC Program and SESC inspection team shall review and approve any payment application where the contractor is invoicing for SESC work performed. This will provide the Department of Military and Veterans Affairs a tool to hold monies if the controls are not installed, maintained or removed in a timely manner as required by the contract documents. If the contractor fails to install, maintain or remove the controls, the Department of Military and Veterans Affairs, with proper notification (outlined below), shall consider stopping work or directing the work to another company and paying with the monies identified in the schedule of values. In the event the cost to remediate exceeds the contracted amount, the original bonding company shall be contacted regarding the shortfall.

Construction contract, especially those with Performance Bonds, shall contain language that allows the DMVA to impose fines of at least $500 per day and assess actual damage costs if the contractor refuses to comply with SESC requirements and corrective measures contained in the construction contract. For bonded projects, the Surety Company shall be held responsible for these costs in the event the contractor refuses to perform or is found to be in default.

Enforcement actions are as follows:

1. SESC Program staff inspects and documents SESC measures and effectiveness using

"SESC Inspection Report Form". Copies distributed to the Architect / Engineer, Design Manager and SESC Program Manager.

2. If SESC measures are observed to be ineffective, SESC Program staff shall verbally direct the contractor to take appropriate corrective measures and document the action taken.

Within 24 hours of issuing the verbal directions, written documentation shall be provided to the contractor.

NOTE: The SESC Program Manager is empowered to direct the contractor to perform SESC corrective measures!

3. Within 48 hours (24 hours if impacting waterways) of discovery and verbal notification, the contractor shall implement remedial actions. The SESC Program staff shall provide written documentation to the DMVA Design Manager and SESC Program Manager that corrective measures have been implemented by the contractor.

4. If the contractor fails to implement remedial actions within the specified time, DMVA (SESC

Program Manager) shall provide written notice, sent certified mail, of "Notice of Noncompliance with Part 91 of 1994 PA 451". This notification will outline fines and penalties to be imposed if corrective actions are not undertaken within a specified period of time (time dependent upon nature or the severity of violation).

5. For bonded projects, the Surety Company shall be notified by a certified copy of the "Notice of Noncompliance".

6. Continued in-action (after a 2nd notice regarding the same issue) by the contractor shall result in DMVA (Director of Construction and Facilities Management Office) issuing a "Stop Work Order". This order shall specifically identify where work is to cease, and identify a specified period of time that will be granted to the contractor before a third party contractor is hired by DMVA or the Surety Company to perform the required remediation (third party contracting by DMVA for SESC remediation shall be initiated through existing DCCS contracts or as an assignment depending on the severity and type of corrective actions needed).

7. Multiple "Notice of Noncompliance" citations (more than three for the same issue) will result in DMVA (Director of Construction and Facilities Management Office) initiating actions to terminate the contract for "material breach".

SESC Program Contacts

The DMVA Soil Erosion and Sedimentation Control Program is prepared to provide technical support and inspection assistance to the Environmental Section, Construction and Facilities Management Office staff on any State of Michigan project where assistance is required. The SESC Program APA staff is:

Joint Forces Headquarters (JFHQ) SESC Program Jonathan Edgerly, ENV, Certifications: C-10486 (exp 7-1-21); SE/C 01403 (exp 7-1-19) Robert MacLeod, ENV, Certifications: C-16334 (exp 7-1-18); SE/C 01267 (exp 7-1-19) – SESC Program Manager Peter Dahlgren, ENV, Certifications: C-17019 (exp 7-1-19); SE/C 02573 (exp 7-1-24) Randy Bush, CFMO, Certification: C-14866 (exp 7-1-19) Doug Shilling, CFMO, Certification: C-12227 (exp 7-1-19)

Fort Custer Training Center (FCTC) SESC Program Curtis Roebuck, ENV, Certifications: C- (exp ); SE/C (exp ) – SESC Program Manager Brian Huggett, ENV, Certifications: C- (exp ); SE/C (exp )

Camp Grayling Military Training Center (CGMTC) SESC Program Kim Bolan, ENV, Certifications: C-10642 (exp 7-1-2021); SE/C 01242 (exp 7-1-2019) – SESC Program Manager Eric Campbell, CFMO, Certifications: C-04257 (exp 7-1-2020); SE/C 01551 (exp 7-1-2020)

Should anyone have questions regarding the contents of this guidebook or the procedures associated with the incorporation of soil erosion and sedimentation control measures into DMVA projects, please feel free to contact the Soil Erosion and Sedimentation Control Program staff.

2.0 FORMS

Design Checklist - Soil Erosion and Sedimentation Control Page 1 of 3

PROFESSIONAL SERVICES CONTRACTOR

DESIGN CHECKLIST

ENVIRONMENTAL SECTION, CONSTRUCTION & FACILITIES MANAGEMENT OFFICE

SOIL EROSION AND SEDIMENTATION CONTROL PROGRAM

3423 N Martin Luther King Jr. BLVD, Lansing, Michigan 48906

PROJECT TITLE: Enter Project Title PROJECT FILE NUMBER: Enter Project File Number

PROJECT LOCATION: Enter Project Location INDEX NUMBER: Enter Index Number

Y N*

Will this project include disturbing earth?

Estimate the areas (in acres) of disturbed earth: estimated acreage acres

Y N*

Is this project within 500 feet of a lake or stream?

If earth change disturbs one or more acre, or is within 500 feet of a lake, stream or wetland, please complete the remainder of this form.

Y N

Will this project disturb 5 or more acres?

If earth change disturbs 5 or more acres, a DEQ Notice of Coverage storm water permit may be required.

PAGE/SHEET SESC PLANS SHALL IDENTIFY THE FOLLOWING 12 ITEMS**:

Page/Sheet

1. Project location Map with scale: 1” = 200’ or less - include a legal description of the property

(town, range, section, quarter-quarter section) and site location sketch

Page/Sheet 2. Distance to lakes, streams or wetlands

Page/Sheet 3. Soil type

Page/Sheet 4. Predominant land features

Page/Sheet 5. Existing & final contours

Page/Sheet 6. Existing, construction & final drainage patterns (including dewatering facilities)

Page/Sheet 7. Limits of proposed earth change

Page/Sheet 8. Site boundaries / property lines

Page/Sheet 9. Schedule/ phasing of construction and installation of SESC control measures

Page/Sheet

10. Location and description for installing and removing all temporary (during construction) SESC control measures

Page/Sheet

11. Description and location of all proposed permanent (post construction) SESC control measures

Page/Sheet

12. Maintenance program for all permanent SESC measures and designation of responsible party for maintenance.

* - Soil erosion and sedimentation control measures may still be required even if the area of earth disturbance is less than one acre. Incorporate the components of the plan required to ensure that no sediment leaves the project site.

** - If any of the 12 items above are missing, the plan must be revised to include the missing element prior to submittal/approval. Refer to Rule 1703.

Design Checklist - Soil Erosion and Sedimentation Control Page 2 of 3

PROJECT TITLE: Enter Project Title PROJECT FILE NUMBER: Enter Project File Number

PAGE/SHEET DOES THE PROJECT SPECIFICATION INCLUDE:

Page/Sheet a. Details of installing and removing SESC measures

Page/Sheet b. Detail SESC requirements (Reference to Part 91 without detail is not acceptable)

Page/Sheet

c. Require the contractor to perpare and submit a construction sequence and SESC plan before construction begins

Page/Sheet

d. Line item on bid form for: a) construction sequencing, b) installation, maintenance and removal of temporary SESC control measures and c) installation and maintenance of permanent SESC control measures.

Page/Sheet e. Constructing and maintaining temporary and permanent SESC measures

Page/Sheet f. Language addressing $500 per day fines and assessment of actual damage costs

PAGE/SHEET DO THE PLANS CONSIDER:

Page/Sheet g. Protection of the construction boundary perimeter

Page/Sheet h. Protection of exposed soil and stockpiles from wind and water erosion

Page/Sheet i. Protection of wetlands, streams and lakes

Page/Sheet j. Inlet protection of storm water systems

Page/Sheet k. Protection of exposed slopes from wind and water erosion

Page/Sheet l. Vehicular tracking of soil off-site and street sweeping

PAGE/SHEET DO THE PLANS FOLLOW THE SEVEN BASIC PRINCIPLES OF SESC?

m. Design and construct terrain features such as slopes and drainage ways to minimize the erosion potential of the exposed site based on the soil type, time of year, proximity to waterways, duration of exposure and the anticipated volume and intensity of runoff.

Page/Sheet

n. Minimize the surface area of unstabilized soils left unprotected and vulnerable to runoff and wind erosion.

Page/Sheet o. Minimize the time that unstabilized soil areas are exposed to erosive forces (wind and rain).

Page/Sheet

p. Protect and shield exposed soil areas with a cover of live vegetation, mulch, or other approved erosion resistant materials during the temporary and permanent control periods of construction.

Page/Sheet q. Avoid concentrated runoff, or when unavoidable, control runoff velocities to non-erosive levels.

Page/Sheet

r. Eroded sediments will be trapped on-site with temporary and permanent barriers, basins or other sedimentation retention devices while allowing for the controlled discharge of runoff water at non-erosive velocities.

Page/Sheet s. Implement continuous inspection and maintenance programs.

Design Checklist - Soil Erosion and Sedimentation Control Page 3 of 3

PROJECT TITLE: Enter Project Title PROJECT FILE NUMBER: Enter Project File Number

PAGE/SHEET WHEN SITE EXCEEDS 5 ACRES PROVIDE STORM WATER RUN-OFF INFORMATION.

t. Do the plans provide information regarding run-off volume, run-off velocities and peak discharges.

Page/Sheet u. Calculations are based on the ☐ 10 ☐ 25 ☐ 100 year storm event (check one)

Page/Sheet v. Identify method of calculating run- off volume, run-off velocity and peak discharge.

Insert method used

CONTACT INFORMATION FOR PROFESSIONAL SERVICES CONTRACTOR OR MILITARY ENTITY WHO PREPARED SESC

DESIGN PLANS AND COMPLETED THIS FORM:

Company Name: Click or tap here to enter Company Name.

Mailing Address: Click or tap here to enter Mailing Address.

Project Manager: Click or tap here to enter Project Manager.

Email Address: Click or tap here to enter Email Address.

Phone: Click or tap here to enter Phone.

Implementation Plan Checklist - Soil Erosion and Sedimentation Control Page 1 of 1

CONSTRUCTION CONTRACTOR OR MILITARY ENTITY

IMPLEMENTATION PLAN CHECKLIST

ENVIRONMENTAL SECTION, CONSTRUCTION & FACILITIES MANAGEMENT OFFICE

SOIL EROSION AND SEDIMENTATION CONTROL PROGRAM

3423 N Martin Luther King Jr. Blvd, Lansing, Michigan 48906

PROJECT TITLE: Enter Project Title PROJECT FILE NUMBER: Enter Project File Number

Prior to the start of earthwork, a Soil Erosion and Sedimentation Control (SESC) Implementation Plan must be submitted to the Department of Military & Veterans Affairs, Soil Erosion and Sedimentation Control Program. The intent of this plan is to ensure that the entity performing earth changes has reviewed and understands the SESC provisions within the plans and specifications. The following checklist will provide the construction contractor or military entity with assistance in creating the SESC Implementation Plan.

The SESC Implementation Plan must include:

1. ☐ A written plan or letter demonstrating:

☐ Means and methods for the implementation of SESC provisions included within the plans and specifications and compliance with the provisions of Part 91 of PA 451 of 1994, as amended

☐ Plan for dust control

☐ Plan for inspection and maintenance of temporary soil erosion and sedimentation controls

☐ Contractor’s primary and backup contact name, phone number (include 24-hour emergency), email, and mailing information

2. ☐ A map, location plan, drawing, or amended copy of the project SESC or grading plan showing:

☐ The locations of any stockpiles of soil associated with the project

☐ The temporary SESC controls associated with stockpiles of soil

☐ The Contractor’s suggested or proposed additions or relocations of any temporary or permanent SESC controls associated with the project plans and specifications (subject to approval by engineer and DMVA)

☐ Location of site entrances, exits and vehicle routes

☐ Location of site superintendent’s/project manager’s site trailer or office (for SESC Inspector check-in)

3. ☐ A schedule for the installation and removal of temporary controls and the installation of permanent soil erosion and sedimentation controls in relation to the overall construction schedule.

Submit the above items to: SESC Program Manager State of Michigan - DMVA Environmental Section - Construction & Facilities Management Office 3423 N Martin Luther King Jr. Blvd Lansing, MI 48906

Upon approval of the SESC Implementation Plan, an “Authorization to Proceed with Earth Change” will be issued to the contractor or military entity by the DMVA SESC Program (APA), in lieu of an SESC permit from the county or municipality. The “Authorization to Proceed with Earth Change” form must be posted at the jobsite.

The DMVA SESC Program shall notify the county or local enforcing agency of each proposed earth change (Rule 1706).

AUTHORIZATION TO PROCEED

WITH EARTH CHANGE

For projects that include earth changes or disturb existing vegetation.

DEPARTMENT OF MILITARY & VETERANS AFFAIRS

ENVIRONMENTAL SECTION, CONSTRUCTION & FACILITIES MANAGEMENT OFFICE

SOIL EROSION AND SEDIMENTATION CONTROL PROGRAM

3423 N Martin Luther King Jr. BLVD, Lansing, Michigan 48906

CONTRACTOR NAME OR MILITARY ENTITY

DATE

CONTRACTOR MAILING ADDRESS

PROJECT NAME AND LOCATION

INDEX NUMBER(S)

AGENCY NUMBER

FILE NUMBER

CONTRACT NUMBER

DEPARTMENT

DSESIGN PROFESSIONAL

NPDES PERMIT NO.

The State of Michigan, Department of Military & Veterans Affairs (DMVA), Environmental Section, Construction & Facilities Management Office (CFMO), Soil Erosion and Sedimentation Control Program has received a copy of the Soil Erosion and Sedimentation Control (SESC) Plan for the above-referenced project. The DMVA is authorized under Part 91, SESC, of 1994 PA 451, as amended to enforce soil erosion and sedimentation control requirements with regard to earth changes associated with DMVA managed projects and military entity training projects on State-owned properties.

The SESC plan submitted for the above referenced project has been reviewed and authorization to proceed with the earth change is hereby:

Approved

Approved subject to the following:

Disapproved due to the following:

DMVA SESC Program Manager

Signature of SESC Program Manager Date cc: Professional Services Contractor, DMVA Design Manager, DMVA Inspector, SESC Program File

SESC AUTHORIZATION NO.

(OFFICE USE ONLY)

Authorization Number:____________________

GENERAL CONDITIONS

In accordance with Rule 1709 promulgated under the authority of Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, and in addition to the information on the attached plan(s) and noted special condition(s), the following general conditions apply to the earth change authorized by this document:

• Design, construct, and complete the earth change in a manner that limits the exposed area of disturbed land for the shortest period of time.

• Remove sediment caused by accelerated soil erosion from runoff water before it leaves the site of the earth change.

• Temporary or permanent control measures shall be designed, installed, and maintained to convey water around, through, or from the earth change at a non-erosive velocity.

• Install temporary soil erosion and sedimentation control measures before or upon commencement of the earth change activity and maintain the measures on a daily basis.

Remove temporary soil erosion and sedimentation control measures after permanent soil erosion measures are in place and the area is stabilized. (“Stabilized” 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.)

• Complete permanent soil erosion control measures for the earth change within five calendar days after final grading or upon completion of the final earth change. If it is not possible to permanently stabilize the earth change, then maintain temporary soil erosion and sedimentation control measures until permanent soil erosion control measures are in place and the area is stabilized.

• Enforcement – As an Authorized Public Agency (APA), the DMVA SESC Program is empowered to direct contractor or military training entity to perform necessary SESC corrective measures, and may issue stop work orders and issue fines to contractor for noncompliance, which shall be in addition to any other remediation costs or liquidated damages applicable to the project.

• This authorization does not waive the necessity for obtaining all other required federal, state, or local permits prior to commencement of earthwork, including but not limited to, if applicable: any earth change regulated by Part 303, Wetlands Protection, of 1994 PA 451, as amended; and any earth change requiring Part 31 NPDES Notice of Coverage to discharge storm water associated with the construction activity.

THIS AUTHORIZATION MUST BE POSTED AT THE PROJECT SITE.

SOIL EROSION AND SEDIMENTATION CONTROL (SESC)

INSPECTION REPORT

DEPARTMENT OF MILITARY & VETERANS AFFAIRS

ENVIRONMENTAL, CONSTRUCTION & FACILITIES MANAGEMENT OFFICE

2500 S. Washington Ave.

P.O. Box 30026, Lansing, Michigan 48913-5101 This report is required to document soil erosion and sedimentation control on State of Michigan projects. (Authority: Part 91, PA 451)

REPORT NUMBER

DMVA SESC PERMIT NUMBER

DEQ NPDES PERMIT NUMBER

INSPECTION DATE & TIME

PROJECT NAME

ADDRESS

CONTRACTOR CONTRACTOR REPRESENTATIVE

PROFESSIONAL

A. REASON FOR INSPECTION Regular Weekly Inspection Inspection within 24 hrs of storm water runoff

Other (explain)

B. CURRENT WEATHER CONDITIONS:

Sunny Cloudy Partly cloudy Windy Temperature

Rain Snow Sleet Hail Other (explain)

C. DESCRIBE WEATHER CONDITIONS SINCE LAST INSPECTION (Date of Last Inspection ):

D. GENERAL

Is SESC permit posted at site?

Are approved SESC plans available?

Is sediment properly contained on project site?

Is earth change confined to areas specified on plans?

Is there a potential for sediment to leave property/site?

Is there a potential for sediment to discharge to surface waters?

Yes

Yes Yes

No

No No

E. SESC CONTROL MEASURES

Are controls installed per plans?

Are controls properly maintained?

Are controls adequate for site conditions?

Are storm sewer inlets being protected?

F. DESCRIBE SITE CONDITIONS

G. INDICATE THE SESC CONTROLS IN PLACE ON SITE (According to the DMVA SESC Keying System):

Best Management Practice Present (check)

Number or Ft of Controls

Best Management Practice Present

(check) Number or Ft of Controls

Erosion Controls: Erosion/Sediment Controls:

(E1) Selective Grading & Shaping (ES31) Check Dam (E2) Grubbing Omitted (ES32) Stone Filter Berm (E3) Slope Roughening & Scarifica.. (ES33) Filter Rolls (E4) Terraces (ES34) Sand Fence (E5) Dust Control (ES35) Dewatering (E6) Mulching (ES36) Diversion Dike/Berm (E7) Temporary Seeding (ES37) Diversion Ditch (E8) Permanent Seeding (ES38) Cofferdam/Sheet Pilings (E9) Mulch Blankets (ES39) Streambank Biostabilization (E10) Sodding (ES40) Polymers (E11) Vegetated Channels (ES41) Wattles (E12) Rip Rap Sediment Controls:

(E13) Gabion Walls (S51) Silt Fence (E14) Energy Dissipator (S52) Catch Basin Sediment Guard (E15) Temporary Slope Drain (S53) Stabilized Construction Access (E16) Pipe Drop Spillway (S54) Tire Wash (E17) Cellular Confinement Systems (S55) Sediment Basin (E18) Plastic Sheets (S56) Sediment Trap (E19) Temporary Drainageway/Stre.. (S57) Vegetated Buffer/Filter Strip (E20) Temporary Bypass Channel (S58) Inlet Protection Fabric Bag (E21) Live Staking (S59) Inlet Protection Fabric Fence OTHER (S60) Inlet Protection Stone OTHER (S61) Turbidity Curtain OTHER (S62) Street Sweeping and Vacuuming

H. INSPECTOR’S COMMENTS AND RECOMMENDATIONS

Comments: ______________________________________________________________________________

Additional measures recommended & locations: By what date:

I. INSPECTOR SIGNATURE

Inspector’s Name

Inspector Number

Inspector’s Signature

Date cc:

PHOTOGRAPHS & COMMENTS

3.0 SOIL EROSION AND SEDIMENTATION CONTROL BEST

MANAGEMENT PRACTICES (BMP’S) DESIGNS AND

SPECIFICATIONS

BEST MANAGEMENT PRACTICES KEYING SYSTEM

EROSION CONTROLS

EROSION / SEDIMENT CONTROLS

SEDIMENT CONTROLS

REFERENCES

4.0 MICHIGAN SOIL EROSION AND SEDIMENTATION

CONTROL REGULATIONS

PA 451 OF 1994, THE NATURAL RESOURCES AND ENVIRONMENTAL

PROTECTION ACT (NREPA), AS AMENDED

PART 91 – SOIL EROSION AND SEDIMENTATION CONTROL

PART 17 – SOIL EROSION AND SEDIMENTATION CONTROL

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)

Act 451 of 1994

PART 91

SOIL EROSION AND SEDIMENTATION CONTROL

324.9101 Definitions; A to W.

Sec. 9101. (1) "Agricultural practices" means all land farming operations except the plowing or tilling of land for the purpose of crop production or the harvesting of crops.

(2) "Authorized public agency" means a state agency or an agency of a local unit of government authorized under section 9110 to implement soil erosion and sedimentation control procedures with regard to earth changes undertaken by it.

(3) "Conservation district" means a conservation district authorized under part 93.

(4) "Consultant" means either of the following:

(a) An individual who has a current certificate of training under section 9123.

(b) A person who employs 1 or more individuals who have current certificates of training under section

9123.

(5) "County agency" means an officer, board, commission, department, or other entity of county government.

(6) "County enforcing agency" means a county agency or a conservation district designated by a county board of commissioners under section 9105.

(7) "County program" or "county's program" means a soil erosion and sedimentation control program established under section 9105.

(8) "Department" means the department of environmental quality.

(9) "Earth change" means 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.

Earth change does not include the practice of plowing and tilling soil for the purpose of crop production.

(10) "Gardening" means activities necessary to the growing of plants for personal use, consumption, or enjoyment.

(11) "Local ordinance" means an ordinance enacted by a local unit of government under this part providing for soil erosion and sedimentation control.

(12) "Municipal enforcing agency" means an agency designated by a municipality under section 9106 to enforce a local ordinance.

(13) "Municipality" means any of the following:

(a) A city.

(b) A village.

(c) A charter township.

(d) A general law township that is located in a county with a population of 200,000 or more.

(14) "Rules" means the rules promulgated pursuant to the administrative procedures act of 1969, 1969 PA

306, MCL 24.201 to 24.328.

(15) "Seawall maintenance" means an earth change activity landward of the seawall.

(16) "Sediment" means solid particulate matter, including both mineral and organic matter, that is in suspension in water, is being transported, or has been removed from its site of origin by the actions of wind, water, or gravity and has been deposited elsewhere.

(17) "Soil erosion" means the wearing away of land by the action of wind, water, gravity, or a combination of wind, water, or gravity.

(18) "State agency" means a principal state department or a state public university.

(19) "Violation of this part" or "violates this part" means a violation of this part, the rules promulgated under this part, a permit issued under this part, or a local ordinance enacted under this part.

(20) "Waters of the state" means the Great Lakes and their connecting waters, inland lakes and streams as defined in rules promulgated under this part, and wetlands regulated under part 303.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995;Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001;Am. 2001, Act 227, Imd. Eff.

Jan. 2, 2002;Am. 2005, Act 55, Imd. Eff. June 30, 2005.

Popular name: Act 451

Popular name: NREPA

324.9102, 324.9103 Repealed. 2000, Act 504, Imd. Eff. Jan. 11, 2001.

Compiler's note: The repealed sections pertained to definitions and soil erosion and sedimentation control program.

Rendered Tuesday, October 9, 2018 Page 1 Michigan Compiled Laws Complete Through PA 341 of 2018

Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov

Popular name: Act 451

Popular name: NREPA

324.9104 Rules; availability of information.

Sec. 9104. (1) The department, with the assistance of the department of agriculture, shall promulgate rules for a unified soil erosion and sedimentation control program, including provisions for the review and approval of site plans, land use plans, or permits relating to soil erosion control and sedimentation control. The department shall notify and make copies of proposed rules available to county enforcing agencies, municipal enforcing agencies, and authorized public agencies for review and comment before promulgation.

(2) The department shall make available to county enforcing agencies, municipal enforcing agencies, and authorized public agencies educational information on soil erosion and sedimentation control techniques and the benefits of implementing soil erosion and sedimentation control measures. County enforcing agencies and municipal enforcing agencies shall distribute this information to persons receiving permits under a county program or a local ordinance and to other interested persons.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995;Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001.

Popular name: Act 451

Popular name: NREPA

Administrative rules: R 323.1701 et seq. of the Michigan Administrative Code.

324.9105 Administration and enforcement of rules; resolution; ordinance; interlocal agreement; review; notice of results; informal meeting; probation; consultant; inspection fees; rescission of order, stipulation, or probation.

Sec. 9105. (1) Subject to subsection (6), a county is responsible for the administration and enforcement of this part and the rules promulgated under this part throughout the county except as follows:

(a) Within a municipality that has assumed the responsibility for soil erosion and sedimentation control under section 9106.

(b) With regard to earth changes of authorized public agencies.

(2) Subject to subsection (3), the county board of commissioners of each county, by resolution, shall designate a county agency, or a conservation district upon the concurrence of the conservation district, as the county enforcing agency responsible for administration and enforcement of this part and the rules promulgated under this part in the name of the county. The resolution may set forth a schedule of fees for inspections, plan reviews, and permits and may set forth other matters relating to the administration and enforcement of the county program and this part and the rules promulgated under this part.

(3) In lieu of or in addition to a resolution provided for in subsection (2), the county board of commissioners of a county may provide by ordinance for soil erosion and sedimentation control in the county.

An ordinance adopted under this subsection may be more restrictive than, but shall not make lawful that which is unlawful under, this part and the rules promulgated under this part. If an ordinance adopted under this subsection is more restrictive than this part and the rules promulgated under this part, the county enforcing agency shall notify a person receiving a permit under the ordinance that the ordinance is more restrictive than this part and the rules promulgated under this part. The ordinance shall incorporate by reference the rules promulgated under this part that do not conflict with a more restrictive ordinance and may set forth such other matters as the county board of commissioners considers necessary or desirable. The ordinance may provide penalties for a violation of the ordinance that are consistent with section 9121.

(4) A copy of a resolution or ordinance adopted under this section and all subsequent amendments to the resolution or ordinance shall be forwarded to the department for the department's review and approval. The department shall forward a copy to the conservation district for that county for review and comment.

(5) Two or more counties may provide for joint enforcement and administration of this part and the rules promulgated under this part by entering into an interlocal agreement pursuant to the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.

(6) The department shall conduct a review of a county's program every 5 years. The review shall be conducted at least 6 months before the expiration of each succeeding 5-year period. The department shall approve a county's program if all of the following conditions are met:

(a) The county has passed a resolution or enacted an ordinance as provided in this section.

(b) The individuals with decision-making authority who are responsible for administering the county program have current certificates of training under section 9123.

(c) The county has effectively administered and enforced the county program in the past 5 years or has implemented changes in its administration or enforcement procedures that the department determines will result in the county effectively administering and enforcing the county program. In determining whether the Rendered Tuesday, October 9, 2018 Page 2 Michigan Compiled Laws Complete Through PA 341 of 2018 county has met the requirement of this subdivision, the department shall consider all of the following:

(i) Whether a mechanism is in place to provide funding to administer the county's program.

(ii) Whether the county has conducted adequate inspections to assure minimization of soil erosion and off-site sedimentation.

(iii) The effectiveness of the county's past compliance and enforcement efforts.

(iv) The adequacy and effectiveness of the applications and soil erosion and sedimentation control plans being accepted by the county.

(v) The adequacy and effectiveness of the permits issued by the county and the inspections being performed by the county.

(vi) The conditions at construction sites under the jurisdiction of the county as documented by departmental inspections.

(7) Following a review under subsection (6), the department shall notify the county of the results of its review and whether the department proposes to approve or disapprove the county's program. Within 30 days of receipt of the notice under this subsection, a county may request and the department shall hold an informal meeting to discuss the review and the proposed action by the department.

(8) Following the meeting under subsection (7), if requested, and consideration of the review under subsection (6), if the department does not approve a county's program, the department shall enter an order, stipulation, or consent agreement under section 9112(7) placing the county on probation. In addition, at any time that the department determines that a county that was previously approved by the department under subsection (6) is not satisfactorily administering and enforcing the county's program, the department shall enter into an order, stipulation, or consent agreement under section 9112(7) placing the county on probation.

During the 6-month period after a county is placed on probation, the department shall consult with the county on how the county could change its administration of the county program in a manner that would result in its…