838660 DCSpec Silver Lake Grocery 03 21 23_Part5.pdf

FIGURE 4: SITE RESTORATION

11100 CEDAR DR, PINCKNEY, MICHIGAN

FORMER SILVER LAKE GROCERY

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SCALE IN FEET

Cedar Dr

T h u m m R d

Dex te r T ownhal l R d

Asphalt Road Surface, Resurface

Asphalt Parking Surface, Resurface

Landscape

Above Ground Vent

Perforated PVC

18-30" BGS

Existing Ramp

Existing Porch

Post

Post

Asphalt Road Surface, Full Restoration

Asphalt Parking Surface, Full Restoration

Approximate Excavation Extent

2" 5EL HMA

2" 5EL HMA

NOT TO SCALE

PAVEMENT SECTION

TYPICAL ASPHALT ROAD

6" AGGREGATE BASE

9" SAND SUBBASE

1.5" 5EL HMA

1.5" 5EL HMA

NOT TO SCALE

PAVEMENT SECTION

TYPICAL ASPHALT PARKING

6" AGGREGATE BASE

9" SAND SUBBASE

PG 64-28

220 LBS/SYD

EST. YIELD

5EL

ITEM

5EL

220 LBS/SYD

ASPHALT ROAD APPLICATION TABLE

PG 64-28

GRADE

BINDER

SURFACE HMA

COURSE

BASE HMA

22A

AGGREGATE BASE

GRANULAR MATERIAL CLASS II

SUBBASE

PG 64-28

165 LBS/SYD

EST. YIELD

5EL

ITEM

5EL

165 LBS/SYD

ASPHALT PARKING APPLICATION TABLE

PG 64-28

GRADE

BINDER

SURFACE HMA

COURSE

BASE HMA

22A

AGGREGATE BASE

GRANULAR MATERIAL CLASS II

SUBBASE

FIGURE 5: PAVEMENT SECTIONS

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DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET

WASHTENAW COUNTY, MI

SILVER LAKE GROCERY

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Bidding and Contract Document (R 03/22) Project Name: Silver Lake Grocery File No. 761/19136.SAR

PERMITS

Date Received: _________ Intake Per:_______

Fees Paid:___________ Chk #______________

OFFICE USE ONLY

Major Residential: ☐ Minor Residential: ☐

Major Commercial: ☐ Minor Commercial: ☐

PRJ20_______--_______________

SOI20_______--______________

EVAN N. PRATT, P.E. WATER RESOURCES COMMISSIONER WASHTENAW COUNTY

Mailing Address: Business Location: Communication:

Washtenaw County Soil Erosion Western County Service Center Phone: 734-222-6860 P.O. Box 8645 705 N. Zeeb Rd. Fax: 734-222-6803 Ann Arbor, MI 48107-8645 Ann Arbor, MI 48103 www.washtenaw.org

Soil Erosion Permit Application

Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, of 1994, as amended, the Rules Promulgated under the Part and the Washtenaw County Soil Erosion & Sedimentation Control Ordinance, of 1997, as amended 2016)

*** FILL IN ALL AREAS OF THIS APPLICATION OR IT MAY NOT BE ACCEPTED AT TIME OF SUBMITTAL***

PROPERTY INFORMATION

Property Tax ID/Parcel # _________________________________ City/Township_______________________

Property address ___________________________________ Subdivision________________ Lot__________

Major Cross Roads__________________ and ____________________Total site (lot) size, in acres____________

PROJECT INFORMATION

Total size of area cleared or disturbed _________________ ☐ acres ☐ sq. ft. (check one)

*Note: Sites disturbing/clearing 1 acre or greater are subject to the State of Michigan Permit-by-Rule (Rule 323.2190) administered by the Michigan Department of Environmental Quality*

Total size of new impervious surfaces (drives, parking areas, roofs, etc.), in square feet ___________________

Types of surface water within 500 feet (check all that apply)

☐ County drain ☐ lake ☐ stream/river ☐ pond ☐ wetland ☐ detention area ☐ ditch ☐ catch basin ☐ none

Distance to nearest surface water (in feet) _________________ Body of water (if named) _________________________

Soil type Information: _________________________________________________________________________________ This information can be found at https://www.washtenaw.org/1197/MapWashtenaw

ACTIVITY TYPE

Residential Commercial New Construction Addition/Alteration New Construction Addition/Alteration

(please check all that apply) (please check all that apply)

☐ driveway ☐ pool ☐ residential development ☐ stormwater structure

☐ culvert ☐ pole barn ☐ driveway/road ☐ wastewater structure

☐ fill ☐ garage (add/detach) ☐ culvert ☐ underground storage tank ☐ grading ☐ pond ☐ fill ☐ wetland mitigation

☐ well ☐ sea wall ☐ grading ☐ detention/ retention pond

☐ septic ☐ wetland mitigation ☐ bridge ☐ landscape/berm

☐ utilities ☐ building demo ☐ utilities ☐ seawall

☐ stump removal ☐ landscape berm ☐ pipeline (gas/sewer/water) ☐ building demo

☐ other:______________ ☐ other:_________________

ADDITIONAL EARTH CHANGE INFORMATION

Has earth-moving activity started? ☐YES ☐NO If yes, when did the activity start?

Is the earth-moving activity over 5 acres? ☐YES ☐NO If yes, an NPDES permit may be required from MDEQ

Will work be occurring in a wetland? ☐ YES ☐NO If yes, permit(s) may be required from MDEQ

Will de-watering occur? ☐ YES ☐NO If yes, special requirements may apply

Will work be occurring in a waterway/ floodplain? ☐YES ☐NO If yes, permit(s) may be required from MDEQ

Will a designated County drain be affected? ☐YES ☐NO If yes, contact the WCWRC

Will chemicals be made, used, or stored on site? ☐ YES ☐NO If yes, a Pollution Prevention Review may be required

Will fill be brought on site? ☐YES ☐NO Amount in cubic yards:____________________ Will material be removed from site? ☐ YES ☐NO Amount in cubic yards:____________________

PROPOSED CONSTRUCTION SEQUENCE

(MONTH/YEAR)

____/____ Project Start Date ____/____ Temporary Erosion Control Measures Installed ____/____ Gravel Drive/ Entrance Installed ____/____ Land Cleared or Excavation Started ____/____ Detention/Retention/Sediment Ponds ____/____ Road Constructed ____/____ Utilities Installed ____/____ Final Grading/Seeding ____/____ Catch Basins/Ponds Cleared ____/____ Permanent Erosion Control Measures in Place ____/____ Temporary Erosion Control Measures Removed ____/____ Project End Date

CONTACT INFORMATION

(Party-to-be-billed must be Landowner or Designated Agent)

Contact Name: CHECK ALL THAT APPLY

Address: landowner designated agent

City: State: Zip: applicant general contractor

Phone: Mobile: excavator person-on-site

Email: SESC plan contact party to be billed

Contact Name: CHECK ALL THAT APPLY

Address: landowner designated agent

City: State: Zip: applicant general contractor

Phone: Mobile: excavator person-on-site

Email: SESC plan contact party to be billed

Contact Name: CHECK ALL THAT APPLY

Address: landowner designated agent

City: State: Zip: applicant general contractor

Phone: Mobile: excavator person-on-site

Email: SESC plan contact party to be billed

Contact Name: CHECK ALL THAT APPLY

Address: landowner designated agent

City: State: Zip: applicant general contractor

Phone: Mobile: excavator person-on-site

Email: SESC plan contact party to be billed

EROSION CONTROL SITE PLAN

Per the State of Michigan, Department of Environmental Quality, and Washtenaw County’s Soil Erosion and Sedimentation Control Ordinance, two sets of a completed erosion control plan must be turned in with all applications for permit review. Please see the SESC Program Guide for all erosion control plan requirements.

SOIL EROSION PERMIT FEES

All fees shall be paid in accordance with the current fee schedule approved by the Washtenaw County Board of Commissioners; see the SESC Program Fee Schedule for all program fees. A Performance Guarantee is required for all commercial projects. Please contact the Washtenaw County Office of the Water Resources Commissioner's Soil Erosion Program for further information.

SIGNATURE

I, the ☐Landowner/ ☐Designated Agent*, hereby certify that the above information is accurate to the best of my knowledge, have read and understand the Washtenaw County Soil Erosion & Sedimentation Control Program Guide and fee schedule, and agree to conform to all applicable laws/requirements of the State of Michigan and Washtenaw County.

Signature:_____________________________ Print Name:______________________________ Date: _______________

*DESIGNATED AGENT MUST HAVE A WRITTEN STATEMENT OR FORM FROM THE LANDOWNER AUTHORIZING HIM/HER TO SECURE A

PERMIT IN THE LANDOWNER’S NAME*

PERMIT DELIVERY METHOD

☐Pickup ☐Landowner

☐Post Mail ☐Designated Agent

☐Person on Site

Revised 12/07/2018

WASHTENAW COUNTY

SOIL EROSION AND SEDIMENTATION CONTROL

ORDINANCE

Revised Ordinance Published – April 1, 2016

Sent to the Michigan Department of Environmental Quality – March 4, 2016

Revisions Approved by Board of Commissioners – February 17, 2016

Revised Ordinance Published – July 1, 2011

Sent to the Michigan Department of Environmental Quality – April 20, 2011

Revisions Approved by Board of Commissioners – April 6, 2011

Revised Ordinance Published – December 15, 2003

Sent to Michigan Department of Environmental Quality – December 15, 2003

Revisions Approved by Board of Commissioners – December 3, 2003

Revised Ordinance Published – April 22, 1999

Sent to Michigan Department of Environmental Quality – April 15, 1999

Revisions Approved by Board of Commissioners – April 7, 1999

Ordinance Published – September 15, 1997

Sent to Michigan Department of Environmental Quality – September 15, 1997

Date of Adoption by Board of Commissioners – September 3, 1997

Contents ARTICLE I. General

A. Rules Adopted

B. Purpose & Authority

C. Designated County Enforcing Agency

D. Objectives

ARTICLE II. Language & Definitions

A. Language

B. Definitions

ARTICLE III. Soil Erosion & Sedimentation Control Permit & Waiver Information

A. SESC Permits

B. SESC Waivers

C. Exemptions

D. Approval from Other Governmental Agencies

ARTICLE IV. Soil Erosion & Sedimentation Control Permit & Waiver Process

A. SESC Permit and Waiver Application

B. Performance Guarantees

C. Plan Review Process

D. Transfer of Permit

E. Permit Expiration

F. Permit Revocation

ARTICLE V. Erosion Control Plan Requirements

A. SESC Permit Requirements

B. SESC Waiver Requirements

C. Plan Modification

D. Standards & Requirements for Erosion and Sedimentation Control Measures for Earth Changes

ARTICLE VI. Inspections

A. Preliminary Inspections

B. Site Inspections

C. Transfer Inspections

D. Re-Inspections

E. Final Inspections

ARTICLE VII. SESC Program Fund

ARTICLE VIII. Fees

ARTICLE IX. Enforcement

A. Notice of Violation

B. Cease and Desist Order

C. Stop Work Order

D. Civil Infraction

E. Site Remediation

F. Liens

ARTICLE X. Adoption of a Schedule of Fines for Violations

A. Fines to be established by County Board Resolution

B. Fines for Municipal Civil Infraction Violation Notices

C. Fines for Municipal Civil Infraction Citations

D. Fines for False Statements in an Application for a Permit or Soil Erosion and Sedimentation Control Plan

E. Fines for Violations of Notice of Soil Erosion and Sedimentation Control Violations

Article XI. Establishment of Municipal Civil Infractions Violations Bureau for Disposition of Violations of the Act, the Rules or this

Ordinance

ARTICLE XII. Right of Appeals

ARTICLE XIII. Effective Date

ARTICLE I. General

A. Rules Adopted

Part 91, Soil Erosion & Sedimentation Control, P.A. 451 of 1994, as amended and the Rules 323.1701-

1714, promulgated under Part 91 are hereby adopted by reference and made a part of this Ordinance as if fully set forth herein.

B. Purpose & Authority

In the interest of preventing environmental harm caused by sedimentation and erosion; and to provide for, and as authorized by, the orderly and uniform administration of the soil erosion and sedimentation control provision of the State of Michigan and in particular part 91, Soil Erosion and Sedimentation

Control of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended, being Sections 324.9101-324.9123a of the Complied Laws of 1948 (MSA 13A.101-

13A9123a), and the Administrative Rules promulgated by the Michigan Department of Environmental

Quality (“MDEQ”) and in particular, Rule 323.1701 to Rule 323.1714; the County of Washtenaw, Michigan does hereby adopt the following Ordinance:

C. Designated County Enforcing Agency

The Office of the Washtenaw County Water Resources Commissioner will be the designated enforcing agency for the County.

D. Objectives

Discourage soil erosion and off-site sedimentation resulting from earth changes, by requiring proper provisions for drainage and the protection of soil surfaces during and after construction.

Prevent unnecessary stripping of vegetation and loss of soils, especially adjacent to surface water.

Promote inclusion of soil erosion and sediment control practices into site development in the planning and design process.

Ensure that all soil erosion and sediment control facilities are properly designed, constructed, and maintained so as to provide water quality protection, and prevent the conveyance of sediment via wind and stormwater runoff and the tracking of sediment off site.

Eliminate the need for costly remediation projects as a result of accelerated soil erosion and sedimentation.

Provide for enforcement of this Ordinance and establish penalties for violations.

Provide education and assistance regarding soil erosion and sedimentation.

ARTICLE II. Language & Definitions

A. Language

The following rules of language shall apply to the text of this Ordinance:

The word “shall” is mandatory. The word “may” is permissive. When not inconsistent with the context, words in the present tense shall include the future and words designating singular numbers shall include the plural.

B. Definitions

The following rules, terms, and phrases shall have the definitions given:

ACCELERATED SOIL EROSION – the increased loss of the land surface that occurs as a result of human activities.

AGRICULTURAL PRACTICES – all land farming operations except the plowing or tilling of land for the purpose of crop production or the harvesting of crops.

AUTHORIZED COUNTY OFFICIAL – a County Sheriff’s Deputy, the Chief Deputy Water Resources

Commissioner, Soil Erosion Program staff or other personnel of Washtenaw County legally authorized to issue municipal civil infractions citations.

AUTHORIZED PUBLIC AGENCY – a state agency or an agency of a local unit of government authorized by section 324.9110 to implement soil erosion and sedimentation control procedures with regard to earth changes undertaken by it.

BEST MANAGEMENT PRACTICES (BMP) – structural, vegetative or managerial measures and/or activities, which help prevent or reduce soil erosion and sedimentation.

BOARD OF COMMISSIONERS – Washtenaw County Board of Commissioners.

CEASE and DESIST ORDER – an order that stops only the work relative to a project which is causing a violation of this Ordinance or Part 91 until said violation is corrected.

CERTIFICATION OF COMPLETION – means a signed written statement by the Soil Erosion and

Sedimentation Control Program that the specific construction, permitted activities and inspections have been performed and that such work complies with the applicable requirements of Part 91, the Rules, this Ordinance and the Programs Fee Schedule.

COMMERCIAL PROJECT – earth changes undertaken for the purposes of commerce, multiple residential, or public service, including, but not limited to, residential developments (as defined), commercial projects and additions, industrial projects, recreational developments, churches, schools, road and street construction, drainage construction, mining, utilities and pipelines not exempt under

Part 91.

COUNTY DRAIN – drains established and/or constructed pursuant to the Michigan Drain

Code (Act 40, P.A. 1956 as amended).

DESIGNATED AGENT – A person who has written authorization from the landowner to sign the application and secure a permit in the landowner’s name.

DISTURBED AREA – an area of land subject to erosion due to the removal of vegetative cover and/or earth changing activities, including filling.

EARTH CHANGE – 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 waters of the state. Earth change does not include the practice of plowing and tilling soil for the purpose of crop production.

EROSION – the wearing a way of land by the action of wind, water, gravity, tracking, or a combination thereof.

FEE SCHEDULE – program fees adopted by the Washtenaw County Board of Commissioners.

FILL – material placed on–site which raises an existing elevation.

GRADING – means to level off to a smooth horizontal or sloping surface.

LAKE – the Great Lakes and all natural and artificial inland lakes and/or impoundments that have definite banks, a bed and visible evidence of a continued occurrence of water and a surface area of water that is equal to or greater than one acre. “Lake” does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.

LANDOWNER – The person who owns or holds a record easement on the property or who is engaged in construction in a public right –of-way in accordance with sections 13, 14, 15 and 16 of Act No. 368 of the Public Acts of 1925, as amended, being §§247.183, 247.184, 247.185, and 247.186 of the

Michigan Compiled Laws.

LOCAL AGENCY – City, Village, or Township

MDEQ – Michigan Department of Environmental Quality

MINING – The process or business of extracting ore or minerals from a mine.

MUNICIPAL CIVIL INFRACTION – an act or omission that is prohibited by Part 91 of Act 451, the

Rules and/or this Ordinance, and for which civil sanctions including without limitation, fines, damages, expenses and costs may be ordered as authorized by Chapter 87 of Act No. 236 of the Public Acts of

1961, as amended.

MUNICIPAL CIVIL INFRACTION BUREAU – means the Washtenaw County Office of the Water

Resources Commissioner, as established by this Ordinance.

MUNICIPAL CIVIL INFRATION CITATION – Means a written complaint or citation prepared by an authorized County official, directing a person to appear at District Court regarding the occurrence or existence of a municipal civil infraction violation by the person cited.

MUNICIPAL CIVIL INFRACTION NOTICE – means a written notice, other than a citation, prepared by an authorized County official, directing a person to appear at the Office of the Water Resources

Commissioner to pay the fines and costs, if any, prescribed for the violation by the schedule of civil fines adopted by the County.

MUNICIPALITY – means any of the following: a city, a village, a charter township, or general law township with a population of 200,000 or more that is located in the County.

MUNICIPAL ENFORCING AGENCY – an agency designated by a municipality under section 9106 of

Part 91 to enforce a local ordinance.

PART 91 – Part 91, Soil Erosion and Sedimentation Control, P.A. 451 of 1994, as amended.

PERFORMANCE GUARANTEE – a monetary guarantee of the proper completion and stabilization of commercial projects or residential projects.

PERMANENT SOIL EROSION AND SEDIMENTATION CONTROL MEASURES – control measures installed or constructed to control erosion and sedimentation and which are maintained after project completion.

PERMIT TRANSFER – when ownership of a property subject to a permit under this ordinance is transferred.

PERSON – an individual, partnership, corporation, association, governmental entity or other legal entity.

POND – a permanent body of open water which is less than one (1) acre in size.

RESIDENTIAL PROJECT – earth changes undertaken for a proposed or existing private residence, landscaping activities that require a SESC permit or agricultural practices other than the plowing and tilling of fields for crop production. Activities otherwise defined as a commercial project within this

Ordinance are not considered residential projects. Earth changes characterized as residential projects do not necessarily meet the requirements for exemptions identified in Section 9115a (1) of Part 91. The exemptions in 9115a (1) apply only to the residential property owner who cause those identified activities to be conducted on an individual residential property owned and occupied by him or her.

RESIDENTIAL DEVELOPMENT – subdivision developments as defined by Section102 of Act 288, P.A. 1967, as amended; and/or site condominium developments or condominiums as defined by Act 59 of 1978, as amended, Section 559.101 et seq. of the Michigan Compiled Laws; and lot splits where three (3) or more sites are created.

RULES – the Administrative Rules promulgated by the Michigan Department of Environmental Quality

(“MDEQ”) and in particular, Rule 323.1701 to Rule 323.1714.

SEA WALL MAINTENANCE – an earth change activity landward of a seawall.

SEDIMENT – any solid particulate matter, including both mineral and organic, 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.

SEDIMENT BASIN – a naturally occurring or constructed depression used for the sole purpose of capturing sediment during or after an earth change activity

SITE – lot or parcel of land or combination of contiguous lots or parcels proposed for development or activity undergoing earth change activity.

SOIL EROSION and SEDIMENTATION CONTROL (SESC) PERMIT – a permit issued to authorize work to be performed under this Ordinance.

SOIL EROSION and SEDIMENTATION CONTROL (SESC) PROGRAM – the County’s SESC

Program is under the jurisdiction of the Washtenaw County Water Resources Commissioner.

SOIL EROSION WAIVER – a waiver forgoing the need for a Soil Erosion Permit, issued after the receipt of a signed affidavit from the landowner, stating that the earth change will: 1.) Occur farther than

500 feet from all surface water (as defined), and disturb less than one acre; or 2.) Occur within 500 feet of surface water, disturb less than 225 square feet, and will not contribute sediment to surface water.

STABILIZATION – 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.

STATE – State of Michigan

STOP WORK ORDER – an order that stops all work on a project until any and all violations of Part 91, the Rules promulgated thereby, and this Ordinance are corrected, except for remedial measures to correct the violation.

STORM DRAIN – a conduit, pipe, natural channel, human-made channel, or human–made structure, which serves to transport stormwater runoff.

STREAM – a river, creek or other watercourse which may or may not be serving as a drain as defined in Act No. 40, of the Public Acts of 1956, as amended, which has definite banks, a bed, and visible evidence of continued flow or continued occurrence of water, including the connecting waters of the

Great Lakes.

SURFACE WATER – any water including ponds (as defined), lakes, streams, rivers, county drains (as defined), storm drains (as defined) and wetlands, which holds or conveys water continually or seasonally.

TEMPORARY SOIL EROSION AND SEDIMENTATION CONTROL MEASURES – Interim control measures which are installed or constructed to control soil erosion and sedimentation and which are not maintained after project completion.

TRANSFEREE – the person who wishes to purchase all or portions of a site which has a soil erosion permit.

TRANSFEROR – the person who currently holds a soil erosion permit who wishes to sell all or portions of the permitted site.

VEGETATIVE COVER – perennial grasses, legumes, shrubs, trees, and other vegetation which holds and stabilizes soils in a manner to ensure the resistance of the soil to soil erosion, earth movement, and sliding.

VIOLATION – An action which is prohibited by the Part 91, the Rules promulgated under the part

(323.1701-1714) and/or this Ordinance. A violation shall include any omission or failure to act where the action is required by the Act, the Rules, and/or this Ordinance.

WATER RESOURCES COMMISSIONER – Washtenaw County Water Resources Commissioner or authorized representative of the Water Resources Commissioner’s Office.

WETLAND – means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh, and which is any of the following:

(i) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream.

(ii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than

5 acres in size.

(iii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and 5 acres or less in size if the department determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the owner.

ARTICLE III. Soil Erosion & Sedimentation Control Permit & Waiver Information

A. SESC Permits

Earth changes requiring a SESC Permit include the following except as exempted by Part

91:

Earth changes within 500 feet of a surface water’s edge and disturbing more than 225 square feet

Earth changes less than 225 square feet in total earth disturbance may be eligible for a waiver

Earth changes (including spoils from grading activities) that disturb one (1) or more acres

The removal of clay, gravel, sand, peat, or topsoil associated with gravel pits and landfills

Installation of new ponds or alterations to existing ponds, regardless of size or proximity to surface water

Transportation facilities, including streets, highways, railroads, airports, common carrier pipelines and mass transit facilities that are not being conducted by an Authorized Public

Agency under Part 91

Directional drilling or boring for installation of utilities or other infrastructure

An application shall be required and fee(s) paid as established by the Washtenaw County Board of

Commissioners.

B. SESC Waivers

A SESC Waiver will be required for projects that do not need a permit and are not exempt. They are required to attest to the extent of the earth change and its proximity to surface water for residential and commercial projects. Waivers may be granted for the following:

Earth changes that are over 500 feet from all surface water that disturb less than one acre.

Earth changes within 500 feet of surface water, disturbing less than 225 square feet, and not contributing sediment to surface water.

A Soil Erosion Waiver may be issued upon receipt of a signed affidavit from the landowner that the proposed project meets the above criteria including a waiver erosion control plan. Issuance of a Soil

Erosion Waiver shall not be construed as an exemption from enforcement procedures pursuant to Part

91and the rules promulgated under the Part or this Ordinance. Waivers shall be available for inspection at the site of the earth change and must be posted on site and clearly visible from the road.

C. Exemptions

The following activities are exempt from Soil Erosion Permits and Soil Erosion Waivers:

1. A beach nourishment project permitted under Part 325, Great Lakes Submerged Lands, of the

Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, being MCL §

324.32501 et seq., of the Michigan Compiled Laws.

2. Normal residential road and driveway maintenance, such as grading or leveling, that does not increase the width or length of the road or driveway, and that will not contribute sediment to waters of the state,

3. An earth Change of a minor nature that is stabilized within 24 hours of the initial earth disturbance and that will not contribute sediment to lakes or streams.

4. Installation of oil, gas, and mineral wells under permit from the supervisor of wells if the owner-operator is found by the supervisor of wells to be in compliance with the conditions of Part 91.

5. A residential property owner who causes the following activities to be conducted on individual residential property owned and occupied by him or her is not required to obtain a permit under this part 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:

a. An earth change of a minor nature that is stabilized within 24 hours of the initial earth disturbance.

b. Gardening, if the natural elevation of the area is not raised.

c. Post holes for fencing, decks, utility posts, mailboxes, or similar applications, if no additional grading or earth change occurs for use of the post holes.

d. Removal of tree stumps, shrub stumps, or roots resulting in an earth change not to exceed 100 square feet.

e. All of the following activities, if soil erosion and sedimentation controls are implemented, the earth change is stabilized within 24 hours of the initial earth disturbance, and soil erosion or sedimentation to adjacent properties or the waters of the state has not or will not reasonably occur:

(i) Planting of trees, shrubs, or other similar plants.

(ii) Seeding or reseeding of lawns of less than 1 acre if the seeded area is at least

100 feet from the waters of the state.

(iii) Seeding or reseeding of lawns closer than 100 feet from the waters of the state if the area to be seeded or reseeded does not exceed 100 square feet.

(iv) The temporary stockpiling of soil, sand, or gravel not greater than a total of 10 cubic yards on the property if the stockpiling occurs at least 100 feet from the waters of the state.

(v) Seawall maintenance that does not exceed 100 square feet.

6. Earth changes associated with the Logging, Mining or Land Plowing or Tilling:

a. Subject to subsection (b), a person engaged in the logging industry, the mining industry, or the plowing or tilling of land for the purpose of crop production or the harvesting of crops is not required to obtain a permit under Part 91. However, all earth changes associated with the activities listed in this section shall conform to the same standards as if they required a permit under the part. The exemption from obtaining a permit under this subsection does not include either of the following:

(i) Access roads to and from the site where active mining or logging is taking place.

(ii) Ancillary activities associated with logging and mining.

(iii) The removal of clay, gravel, sand, peat or topsoil

b. The part does not apply to a metallic mineral mining activity that is regulated under a mining and reclamation plan or a mining, reclamation, and environmental protection plan if the plan contains soil erosion and sedimentation control provisions and is approved by the department under part 631 or 632, respectively.

c. A person is not required to obtain a permit from a county enforcing agency or a municipal enforcing agency for earth changes associated with well locations, surface facilities, flowlines, or access roads relating to oil or gas exploration and development activities regulated under part 615, if the application for a permit to drill and operate under part 615 contains a soil erosion and sedimentation control plan that is approved by the department under part 615. However, those earth changes shall conform to the same standards as required for a permit under this part. This subsection does not apply to a multisource commercial hazardous waste disposal well as defined in section

62506a.

d. As used in this section, "mining" does not include the removal of clay, gravel, sand, peat, or topsoil.

7. Exemptions provided in this section shall not be construed as exemptions from enforcement procedures under Part 91 or the rules promulgated under the part and this ordinance if the exempted activities cause or result in a violation of Part 91 or the rules promulgated under the part or this ordinance, enforcement will occur.

D. Approval from Other Governmental Agencies

If a SESC Permit is required for the earth change, a local agency shall not issue a building permit without the landowner first obtaining a SESC Permit. SESC Permits and Waivers issued in accordance with this Ordinance do not relieve the owner of responsibility for obtaining all other necessary permits or approvals from federal, state, county and/or local agencies. If requirements vary, the most stringent requirements shall be followed.

ARTICLE IV. Soil Erosion & Sedimentation Control Permit & Waiver Process

A. SESC Permit and Waiver Application

A SESC Permit or SESC Waiver shall be obtained prior to the start of any earth change including construction of access roads, driveways, well and septic field installation, tree and shrub removal or grading. The permit or waiver must be posted on-site and clearly visible from the road. Any unauthorized work shall be considered a violation of this ordinance regardless of any later actions taken toward compliance. The soil erosion permit and waiver review period begins upon the receipt of;

A completed application.

Erosion Control Plans as set forth in Article V for permits and waiver erosion control plan for waivers.

Designated Agent Letter for SESC Permits, if applicable. All waiver applications must be signed by the landowner.

Fees established by the Washtenaw County Board of Commissioners.

The SESC Program shall approve, disapprove or require modification of the application for an earth change permit within 30 days following receipt of the completed application.

B. Performance Guarantees

A performance guarantee is required for all commercial projects (as defined). Any qualified applicant for a SESC Permit may submit a performance guarantee. The performance guarantee provides funds to assure that all exposed soil surfaces will be stabilized should development discontinue; proper control measures are not installed and/or maintained; or provide for remedy should the permittee fail to comply with the soil erosion permit and the approved soil erosion plan. This performance guarantee shall cover all expenses incurred by Washtenaw County, including administrative and legal costs and remediation required to implement and maintain soil erosion and sedimentation controls until the site is stabilized. If the performance guarantee does not cover the cost of remediating the site, the permit holder will be responsible for the additional costs. The performance guarantee may be used to pay outstanding permit/inspection fees. The performance guarantee shall be in a form acceptable to

Washtenaw County, including but not limited to, cash, certified/personal check, or irrevocable bank letter of credit, and shall extend for the duration of the permit through project completion. The performance guarantee maybe released to the applicant only upon the issuance of a Certificate of

Completion, or, in the case of a transfer of permit, a new performance guarantee that meets all the requirements of this section. Performance guarantees may be required for single family residences at the discretion of the Washtenaw County Water Resources Commissioner.

C. Plan Review Process

Approval will be given to permit applications provided the Erosion Control plans meet the requirements of this Ordinance and Part 91 and the Rules promulgated under the part. If the plan does not comply with the Ordinance or are found to be inadequate to ensure minimization of erosion and sedimentation, additional information will be required or the request shall be modified.

The application and erosion control plan shall be acted upon within thirty (30) days following the receipt of the administratively complete application, application, designated agent letter (if applicable), plans and fees. Formal notice of approval is indicated by the issuance of a SESC Permit outlining the work approved and necessary control measures. If a permit or waiver application and/or erosion control plans are disapproved, then the SESC Program shall advise the applicant by first class mail indicating the reasons for disapproval and the conditions required for approval.

Erosion Control plan review shall be required and fee(s) paid as established by the Washtenaw County

Board of Commissioners.

D. Transfer of Permit

Permit transfer shall occur when ownership of a property subject to a permit under this ordinance is transferred, in whole or in part. If the property is subject to a permit transfer the original permit holder and new permit holder must submit a completed Transfer Form Application to the SESC Program for review. The permit transfer form must be completed by the transferor and transferee then submitted to the SESC Program within 30 days from the date of the original signatures. Not less than 7 days prior to the property transfer, the SESC program must be contacted to arrange for a site compliance inspection to determine what, if any violations exist on site so that the transferor and transferee can be aware of any noncompliance obligations that may be transferred.

The SESC Program will conduct a permit transfer inspection. The Water Resources Commissioner will leave notice on site of the results of the transfer inspection including any noncompliance observed and provide notice by mail to the transferor and proposed transferee. If the site is in noncompliance, the transferor is obligated to return the site to compliance and may be subject to fines and penalties for each violation for each day the violation continues to occur pursuant to Part 91 section 9121.

Should the transferee chose to move through with purchase of the property with identified noncompliance, the transferee assumes responsibility for all noncompliance that is occurring on the date of the property transfer and the transferee will be responsible for bringing the site into compliance and scheduling a reinspection with the SESC Program.

If weather conditions do not allow for an appropriate transfer inspection prior to the transfer of the property, the transferor shall retain all liabilities under the Ordinance and for all Part 91 violations, including past due fees, costs or fines that are in existence prior to the date of transfer as determined by the Office of the Washtenaw County Water Resources Commissioner, SESC Program.

E. Permit Expiration

Soil erosion and sedimentation control is most effective when the time of disturbance is limited. In effort to reduce SESC impact, Residential Soil Erosion Permits shall expire one year and six months

(18 months) from the date of issuance. If a project requires a permit extension, the landowner and/or designated agent shall apply for permit renewal prior to expiration. If the landowner or designated agent does not apply to renew the permit before the expiration date and the site remains disturbed or the earth change continues, enforcement and fees shall be assessed as established by the Washtenaw

County Board of Commissioners. Permits can be renewed once, for a period of six months. A second permit renewal will be at the Soil Erosion Officer’s discretion. To be eligible, the site must be in compliance and all outstanding fees paid. If the landowner/designated agent fails to renew a permit a new application, plans and applicable fees will be required.

Commercial Soil Erosion Permits expire two years (24 months) from the date of issuance. If a project requires a permit extension, the landowner and/or designated agent shall apply for permit renewal prior to expiration. If the landowner or designated agent does not apply to renew the permit before the expiration date and the site remains unstabilized or the earth change continues, enforcement and fees shall be assessed as established by the Washtenaw County Board of Commissioners. Permits can be renewed once for a period of six months. To be eligible, the site must be in compliance and all outstanding fees paid. If the landowner/designated agent fails to renew a permit a new application, plans and applicable fees will be required.

1. Soil Erosion Permits for the removal of clay, gravel, sand, peat or topsoil and landfill operations are valid for two years. These permits will be inspected on a quarterly basis each year.

F. Permit Revocation

A Soil Erosion Permit may be revoked for any of the following reasons:

Violation of Part 91, its administrative rules, this Ordinance, or of any condition of the permit; or

Misrepresentation or failure to disclose relevant facts in the application or plans submitted; or

The initial term of the permit has expired and no extension has been obtained; or

Authorized work is abandoned or suspended for a period of six (6) months.

If the Water Resources Commissioner’s Office determines that grounds for permit revocation exist, notice shall be sent to the permittee, by mail, with return receipt requested, of its determination. The notice shall contain a description of the grounds for revocation, what must be done to remedy the condition, and shall specify a time to comply.

If the permittee fails to correct the condition within the timeframe specified, the Water Resources

Commissioner’s Office, in its discretion, may send notice to the permittee that the permit will be revoked in five (5) calendar days if the violation is not corrected. Revocation of the permit shall affect other contingent permits.

If a permit has been revoked for any reason, the permit process will have to begin again and a new application, plans, and necessary fees shall be required for any further earth change activities at a particular site.

ARTICLE V. Erosion Control Plan Requirements

A. SESC Permit Requirements

An application and two (2) sets of plans prepared as described below will be required for each project requesting a Soil Erosion Permit. The SESC Program shall perform a review and the applicant shall be subject to fees as determined by the Washtenaw County Board of Commissioners. According to conditions set forth in Rule 1703.323, Part 91, as amended, the following information will be required:

1. Names, addresses, and telephone numbers of the landowner and designated agent, if applicable

2. Legal description of the affected parcel of land

3. Site location map showing the site and all adjacent properties and proximity to all surface water within 500 feet at a scale not more than 1 inch = 200 feet. If not within 500 feet if surface water, a statement of such must be provided.

4. Site plan at a scale of no more than 1 inch = 100 feet which includes:

a. Location of predominant features, including all proposed and existing structures and vegetation on–site and extending 50 feet beyond property lines

b. A soil Survey or a written description of the soil types of the exposed land areas contemplated for the earth change

c. Existing and proposed topography at a minimum of two (2) foot contour intervals extending 50 feet beyond property lines for commercial projects. General slope information for residential projects.

d. Details for the proposed earth changes, including all of the following:

(i) A description and the location of the physical limits of each proposed earth change

(ii) A description and location of all existing and proposed on–site drainage, including structure details rim elevations, and de-watering facilities, if applicable

e. The timing and sequence of each proposed activity included but not limited to:

(i) Temporary control measures installed

(ii) Gravel construction access installed

(iii) Land clearing

(iv) Detention/retention/sediment pond installation and stabilization

(v) Road construction

(vi) Utility installation

(vii) Final grade/seed

(viii) Catch basin/ponds cleaned

(ix) Permanent control measures installed and functioning

(x) Remove temporary control measures

(xi) The location and description of procedures for installing, maintaining and removing all proposed temporary soil erosion and sediment control measures

(xii) A description and the location of all proposed permanent soil erosion and sediment control measures.

f. A program proposal for the continued maintenance of all permanent soil erosion and sediment control measures that remain after project completion, including the designation of the person responsible for the maintenance. Maintenance responsibilities shall become a part of any sales or exchange agreement for the land on which the permanent soil erosion control measures are located.

B. SESC Waiver Requirements

An application and waiver erosion control plan prepared as described below will be required for each project requesting a SESC Waiver. The SESC Program shall perform a review and the applicant shall be subject to fees as determined by the Washtenaw County Board of Commissioners.

1. Waiver erosion control plan at a scale of no more than 1 inch = 100 feet which includes:

a. Names, addresses, and telephone numbers of the landowner

b. Location on the property where the activity is taking place, including the limits of disturbance and the distance to surface water, defined by this Ordinance

C. Plan Modification

Changes to a permitted site will require modification to the erosion control plans. Modified plans must be submitted for approval to the SESC Program a minimum of five (5) days prior to the modification.

The Soil Erosion Program shall perform another review and the applicant shall be subject to additional fees as determined by the Washtenaw County Board of Commissioners.

D. Standards & Requirements for Erosion and Sedimentation Control Measures for Earth

Changes

All earth changes shall be designed, constructed and completed in a manner that limits exposed areas to the shortest possible time. A person shall install temporary soil erosion and sedimentation control measures before or upon commencement of the earth change activity and shall maintain the measures on a daily basis. Stabilization of detention/retention ponds will be needed before October 15th of each year or temporary stabilization of the site will need to be approved by the SESC Program.

A person shall remove temporary soil erosion and sedimentation control measures after permanent soil erosion measures are in place and the area is stabilized. All disturbed areas shall be stabilized within five (5) days of final grading.

All SESC erosion control plans shall include provisions for temporary and permanent erosion and sedimentation control measures and shall be implemented and maintained in accordance with the standards and specifications of the product manufacturer or those in accordance with, but not limited to, the minimum control measures contained in the most recent versions of the State of Michigan’s

“Guidebook of Best Management Practices for Michigan Watersheds”, Oakland County’s “Erosion

Control Manual”, “Field Manual on Sedimentation and Erosion Control Best Management Practices for

Contractors and Inspectors” or referenced by the Office of the Washtenaw County Water Resources

Commissioner.

ARTICLE VI. Inspections

The County reserves the right to conduct compliance inspections on all sites requiring a soil erosion permit or waiver. At any reasonable time, representatives from the Office of the Water Resources

Commissioner may enter upon any private or public property for the purpose of inspection and investigating conditions or practices that may be in violation of Part 91 and this Ordinance. However, investigation or inspection under section 324.9113 of Part 9, shall comply with the United States constitution and the state constitution of 1963. Appropriate fees will be assessed according to the fee schedule approved by the Washtenaw County Board of Commissioners. At minimum the following inspections may be performed;

A. Preliminary Inspections

Prior to permit issuance it may be deemed necessary, based on known site characteristics and erosion control plans submitted, to conduct an on–site inspection on any property for which a Soil Erosion

Permit or SESC Waiver is applied for. Upon inspection the program staff will verify the overall anticipated effectiveness of the proposed erosion control plan and may require modifications before issuing the permit. If the preliminary site inspection finds additional information is needed for plan review and approval, the SESC Program will notify the applicant of such matters and require modification. If it is deemed not necessary to conduct this inspection prior to permit issuance an inspection will be conducted two weeks after permit issuance to ensure SESC measures are installed per the approved erosion control plan.

B. Site Inspections

Authorized representatives of the SESC Program may conduct on-site inspections on any property for which a Soil Erosion Permit or Waiver is currently active or any property suspected to be in violation of this Ordinance and Part 91 and the Part 91 Rules. Such inspections may take place before, during and/or after any earth change activity. If upon inspection, existing site conditions are found to be in conflict with Part 91, the Rules, this Ordinance or an approved Soil Erosion Permit or plan, enforcement of this Ordinance will occur. No earth moving shall be done, unless it is required to address identified violations and as directed by the SESC program, until all violations have been addressed, and/or until revised plans have been submitted, reviewed, approved, and the Soil Erosion Permit or plan modified.

At a minimum site inspections will be conducted once (1) a month for commercial project and every two

(2) months for residential projects.

C. Transfer Inspections

Authorized representatives of the SESC Program will conduct on-site inspections on any property for which a Soil Erosion Permit transfer form is submitted. All fees associated with the soil erosion permit shall be paid before a transfer occurs. The site shall be in compliance with all permit conditions. An updated permit will be issued to the new permit holder after the transfer has been completed.

D. Re-Inspections

Authorized representatives of the SESC Program will conduct re-inspections if a site is found to be in non-compliance. The SESC Program will notify the permit holder by way of notice on site or by mail if re-inspection is needed. The notice will include all items on site that need to be fixed for compliance and the date by which all corrections shall be completed. Additional fees as determined by the

Washtenaw County Board of Commissioners will apply.

E. Final Inspections

The following requirements must be met for closure of the soil erosion permit, unless otherwise indicated;

1. All disturbed areas are permanently stabilized in a manner to prevent soil movement or loss from erosive forces such as rain, ice, gravity or wind;

2. Any temporary SESC controls have been removed; and

3. All permanent erosion control measures are in place and maintained and the site has been established per the approved soil erosion and sedimentation control plan.

4. Additionally, commercial permits shall schedule a final site inspection with the SESC Program.

The inspection will consist of a walk through to insure the site…