C04_Attachment 4 - Environment Great Lakes and Energy (EGLE) Memo.pdf

1504 WEST WASHINGTON STREET•MARQUETTE, MICHIGAN 49855

Michigan.gov/EGLE • 906-228-4853

STATE OF MICHIGAN

DEPARTMENT OF

ENVIRONMENT, GREAT LAKES, AND ENERGY

MARQUETTE DISTRICT OFFICE

March 1, 2022

VIA E-MAIL

Brian Hinch 400 East Munising Avenue Munising, Michigan 49862

Dear Brian Hinch:

SUBJECT: Preapplication Meeting MiWaters Site Name: 02-Indian River Water Trail (Recreational Segment)- Munising Twp Submission Number: HPF-HGVM-YXCSN Schoolcraft and Alger County

This letter is a follow up to our March 1, 2022, preapplication meeting regarding the proposed Indian River Water Trail project in Schoolcraft and Alger County. The purpose of a preapplication meeting is to provide you with information that will clarify the permit process, answer preliminary questions about your specific project in order to avoid delays at a later date, and to determine, if possible, the need for wetland or inland lakes and streams permits.

During this meeting, we reviewed the need to obtain a permit under Part 301, Inland Lakes and Streams, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The review was based on discussion of the proposed project and/or draft permit application, the proposed site, and potential modifications to the project discussed during our meeting.

A permit is not required for the project as proposed.

This determination is based on the project plan prepared by Brian Finch along with other information provided at the time of this meeting only. Provided that the proposed project and location are not altered, this determination is binding on EGLE for a period of two years from the date of this meeting.

During the meeting, we also discussed a number of issues related to the project, including the following:

• Hand or mechanical removal of woody debris does not require a permit from EGLE.

However, to avoid permitting, the project must be conducted in a manner that will not impact the stream banks or stream bottom and will not release an excess of sediment.

• Any stump removal below the Ordinary High Water Mark would require a permit.

• Any significant alteration in water flow, impediment to navigation, or securing structures to the stream bank or bottom would require permit.

LIESL EICHLER CLARK

DIRECTOR

GRETCHEN WHITMER

GOVERNOR

Brian Hinch March 1, 2022

• Tree clearing and cutting should be limited to the minimum amount necessary to allow for navigation while preserving as much of the woody debris as possible.

• The potential presence of state-threatened Lake Sturgeon. Potential strategies to avoid or minimize impact to Lake Sturgeon include avoiding work during sturgeon spawning from the first week of May to the fourth week of June. We recommend review of the material available on the Michigan Department of Natural Resources' website at Michigan.gov/Threatened and Endangered Species.

Please note that this is not a permit. The WRD cannot indicate during a preapplication meeting whether or not a permit will be issued. The WRD cannot make a decision regarding a permit until it has considered all of the information provided in the final permit application, and, in some instances, has also considered comments received in response to a public notice of the project.

Therefore, the WRD cannot legally tell you whether the project will be permitted in advance of a permit application being submitted and reviewed.

The EGLE submission number assigned to this project is HPF-HGVM-YXCSN. Please keep a record of this submission number and use it when submitting a final application or otherwise corresponding with our office on this project.

We appreciate the opportunity to meet with you or your representative to address these concerns. We have established a submission for this project, and the information submitted to date will be used to facilitate processing of the final application. If you should have follow-up questions before then, please contact me at 906-869-4703; KnollK1@michigan.gov; or EGLE, WRD, Marquette District Office, 1504 West Washington Street, Marquette, Michigan 49855.

Sincerely, Kayla Knoll Water Resources Division

KK:SLS

cc: Larissa Schmock https://www.michigan.gov/dnr/0,4570,7-350-79134_82777-230551--,00.html