Land and Water Management Division

Michigan is the only state surrounded by 4 of the 5 Great Lakes Michigan has 3.28 miles of great lakes shoreline Michigan has 3.28 miles of great lakes shoreline The worlds largest freshwater lakes The worlds largest freshwater lakes 90 % of the country’s fresh surface water 90 % of the country’s fresh surface water About 20% of the world’s fresh surface water About 20% of the world’s fresh surface water Vital national resource utilized for manufacturing, shipping, drinking, recreation and tourism Vital national resource utilized for manufacturing, shipping, drinking, recreation and tourism Over 10,000 inland lakes and ponds Over 10,000 inland lakes and ponds miles of freshwater rivers, streams and wetland interwoven with the inland lakes and ponds miles of freshwater rivers, streams and wetland interwoven with the inland lakes and ponds

“The conservation and development of the natural resources of the state are hereby declared to be paramount public concern in the interest of the health, safety and general welfare of the people. The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction.” Mich. Constitution, Art IV, §52

Working Together to Protect Resources Natural Heritage: endangered/threatened species Natural Heritage: endangered/threatened species State Office of Historical Preservation State Office of Historical Preservation Other DEQ Divisions Other DEQ Divisions DNR/Fisheries DNR/Fisheries DNR/Wildlife DNR/Wildlife DNR/Natural Rivers DNR/Natural Rivers DNR/Parks and Recreation DNR/Parks and Recreation Local Governments Local Governments Federal Government: USACE, EPA, USFWS Federal Government: USACE, EPA, USFWS

Land/Water Regulations Part 301 Inland Lakes and Streams Part 301 Inland Lakes and Streams Part 303 Wetland Protection Part 303 Wetland Protection Part 315 Dam Safety Part 315 Dam Safety Part 323 Shoreland Protection and Mgt. Part 323 Shoreland Protection and Mgt. Part 325 Great Lakes Submerged Lands Part 325 Great Lakes Submerged Lands Part 353 Sand Dune Protection and Mgt. Part 353 Sand Dune Protection and Mgt. Part 31 Water Resources Protection: Floodplains Part 31 Water Resources Protection: Floodplains

Riparian Rights The courts have held that all riparian owners share an equal right to reasonable use of the entire surface area of the lake The courts have held that all riparian owners share an equal right to reasonable use of the entire surface area of the lake build docks build docks make other improvements to facilitate the use of their property insofar as such improvements do not encroach upon the rights of other owners make other improvements to facilitate the use of their property insofar as such improvements do not encroach upon the rights of other owners

Common Activities Requiring Permits Fill Excavation and/or dredging Rip-rap Shoreline protection Docks, piers, mooring piles Boat well Boat launch Boat hoist Boardwalks & Decks Intake and Outlet Pipes Mooring and Navigation Buoys GroinsFences And Many Many More!!!!!

Part 301 Inland Lakes and Streams Natural or artificial lake or pond over 5 acres Natural or artificial impoundment River Stream Creek Drain Intermittent stream Other Activities within an inland lake or stream OR construction of a pond within 500’ of water body or connected to a water body

Part 303, Wetland Protection Contiguous to Great Lakes & Lake St. Clair, or inland lake, pond, river, or stream Contiguous to Great Lakes & Lake St. Clair, or inland lake, pond, river, or stream W/in 500’ of an inland lake or stream or 1,000’ of the Great Lakes and Lk. St Clair W/in 500’ of an inland lake or stream or 1,000’ of the Great Lakes and Lk. St Clair > 5 acres, in counties w/ population over 100,000 & inventoried smaller counties > 5 acres, in counties w/ population over 100,000 & inventoried smaller counties < 5 acres if department determines essential to protect the area < 5 acres if department determines essential to protect the area Any change to existing conditions is an impact and needs a permit unless explicitly exempt per

Wetland Assessment Program Not required Not required Level 1 Level 1 –in house map search –$50 Level 2 Level 2 –conservative evaluation –Will flag upland –$200 minimum Level 3 Level 3 –confirm consultants delineation –$150 minimum

Part 91, Soil Erosion and Sedimentation Control Earth change 1 acre or more or Earth change 1 acre or more or Within 500 feet of an inland lake or stream Within 500 feet of an inland lake or stream Delegated to County and/or local municipality Delegated to County and/or local municipality –deq.state.mi.us/sesca Separate permit for construction activities Separate permit for construction activities

What do we look for? Some factors in evaluating environmental impacts: What is the purpose? What is the purpose? Is there a need? Is there a need? Is there a less impactive alternative? Is there a less impactive alternative? Will the timing of the activities effect spawning? Will the timing of the activities effect spawning? What are the seasonal water level changes? What are the seasonal water level changes?

Purpose : Achieve your riparian rights Dock : to dock YOUR boat, access to navigable waters Dock : to dock YOUR boat, access to navigable waters Dredge : for navigation/dockage Dredge : for navigation/dockage Beach : bathing Beach : bathing Shore protection : to protect your existing shoreline Shore protection : to protect your existing shoreline

NEED: Dock : Own a boat? How many? What length is needed to reach navigable waters? Dock : Own a boat? How many? What length is needed to reach navigable waters? Dredge : Is it needed for navigation or will a dock achieve the same purpose? Dredge : Is it needed for navigation or will a dock achieve the same purpose? Shore protection : Is there erosion? How severe is the erosion? Shore protection : Is there erosion? How severe is the erosion?

Example : No need for shore protection

Example : No need for a shoreline protection

Example : Need a shore protection

Example : Need shore protection

Impact Dock – will it block navigation? Will it be within riparian interest? Dock – will it block navigation? Will it be within riparian interest? Dredge –Fish, shallow water habitat, suspended sediments Dredge –Fish, shallow water habitat, suspended sediments Shore protection – fish, shallow water habitat Shore protection – fish, shallow water habitat

Seawall: too far into lake waterward of shoreline Seawall: adjacent to shoreline Backfill Example : Lessen the impact Lake Riprap and wildlife access ramp Place seawall as close as possible to existing shoreline and minimize backfill Riprap placed as mitigation and wildlife access ramp

DRIVE HOME GAR. Fill Proposed Minimized Impact Alternative HOME GAR. Fill If impact more than 1/3 acre of wetland, mitigation is required

Higher Impact Area

Lower Impact Area

Filling out application Filling out the application COMPLETENESS IS THE KEY

Seven Pages! You’ve Got To Be Kidding No kidding…wait until you see the manual!!!!

Jennifer M. Granholm, Governor Steven E. Chester, Director (800) Can download manual or hard copy available for purchase

What is really needed…. Page one, two and three for every application plus any of the other pages that may apply to your project Page one, two and three for every application plus any of the other pages that may apply to your project Plan view (birds-eye view) Plan view (birds-eye view) Cross-section of each proposed item (i.e. one for the dock and one for the seawall.) Cross-section of each proposed item (i.e. one for the dock and one for the seawall.) Letter of authorization if applicant is not the homeowner/property owner Letter of authorization if applicant is not the homeowner/property owner Photos that clearly depict site conditions Photos that clearly depict site conditions Vicinity Map Vicinity Map

Project Site Plan View Property lines Property lines –Extend out into water if proposing activities in the water –adjacent neighbors address and existing structures –Distance from proposed to property lines Existing and proposed on same plan: Existing and proposed on same plan: –Water bodies –Wetland boundaries –Floodplain boundaries –Structures Water’s edge: Water’s edge: –ordinary high water mark –Current shoreline Dimensions or a scale Dimensions or a scale Volumes NEED TO MATCH WHAT IS ON APPLICATION Volumes NEED TO MATCH WHAT IS ON APPLICATION Use multiple sheets rather than crowd everything on one sheet Use multiple sheets rather than crowd everything on one sheet North Arrow North Arrow Property owners name Property owners name

Section Views Types of section views: Types of section views: –Cross section, typical or end view –Profile or length wise view –The term “cross section” may apply to any of the above –A typical refers to a drawing that is the same for the whole project –a cross section is for a specific area should be labled and shown where on the plan view the cross section is taken –End view would like looking at the end of a dock from the water Existing and proposed grades Existing and proposed grades Water level and date observed or measured or OHWM Water level and date observed or measured or OHWM Existing and proposed structures Existing and proposed structures Boundary line for wetlands and/or floodplains Boundary line for wetlands and/or floodplains Dimensions and distances OR a scale Dimensions and distances OR a scale

Letter of Authorization If the applicant is not the sole owner or if the property owner did not sign the application, a letter of authorization is needed from the property owner(s). If the applicant is not the sole owner or if the property owner did not sign the application, a letter of authorization is needed from the property owner(s). –statement approving a specific person or company to submit a permit application on behalf of the property owner(s), the property address and a brief description of the project.

Vicinity Map Give written directions from major intersection or express way Give written directions from major intersection or express way Make a detailed map of the area designating the site with an arrow Make a detailed map of the area designating the site with an arrow Needs to show all the streets and/or roads traveled from a major highway and/or cross- road to the project site. If the project site is in a rural area, provide directions from a town that appears on a state road map

Photos Not required but may eliminate the need for a site inspection by staff Not required but may eliminate the need for a site inspection by staff Take photos that clearly depict site condition Take photos that clearly depict site condition Label photos with date taken and location Label photos with date taken and location Take photos from each side of project, from the shoreline looking waterward and waterward looking toward shore Take photos from each side of project, from the shoreline looking waterward and waterward looking toward shore Show existing structures on site and adjacent properties Show existing structures on site and adjacent properties

Examples of what triggers a correction request or request for additional information Filling fee not paid or not correct Filling fee not paid or not correct Application not signed Application not signed Missing information Missing information Application form and/or drawings Application form and/or drawings Authorization letter(s) Authorization letter(s) Dimensions, volumes Dimensions, volumes Drawings Drawings Mismatched information Mismatched information Within a section Within a section Between sections and/or application and drawings Between sections and/or application and drawings 10A and 12 10A and 12 10B and 12 10B and 12

Standard Processing All application forms are mailed to Permit Consolidation Unit (PCU) in Lansing. All application forms are mailed to Permit Consolidation Unit (PCU) in Lansing. PCU reviews the applications to make sure they are administratively complete. PCU reviews the applications to make sure they are administratively complete. Once the file is complete PCU sends it to the District Office from PCU. Once the file is complete PCU sends it to the District Office from PCU. PCU does not take an action on files PCU does not take an action on files

Timeframes Staff has 30 days to get information to make a file complete. That 30 day clocks stops and starts when correction requests are sent out and the information requested is received. Staff has 30 days to get information to make a file complete. That 30 day clocks stops and starts when correction requests are sent out and the information requested is received. After the initial 30 days for completion staff has 60 day for 301 and 90 days for 325 to make a final decision on the file. If the file is not complete at this time it will have be denied without prejudice. After the initial 30 days for completion staff has 60 day for 301 and 90 days for 325 to make a final decision on the file. If the file is not complete at this time it will have be denied without prejudice. Public Notice projects require decisions to be held a minimum of 20 days for public and up to 45 days for local governments and other agencies to provide comments. Public Notice projects require decisions to be held a minimum of 20 days for public and up to 45 days for local governments and other agencies to provide comments.

(this is a new direct link) or –“Water” “MDEQ/USACE Joint Permit Application” “MDEQ/USACE Joint Permit Application” –“CIWPIS On-line” Tracking Your Application

Additional Assistance Contact the district office for the project area Contact the district office for the project area –see Land/Water Interface map in Appendix H If you get someone’s voice mail, please leave a detailed message so that staff are better prepared to assist you when they call back If you get someone’s voice mail, please leave a detailed message so that staff are better prepared to assist you when they call back Call PCU direct at Call PCU direct at Call and ask for LWMD PCU Call and ask for LWMD PCU LWMD PCU LWMD PCU – “Water,” “MDEQ/USACE Joint Permit Application,” “Frequently Asked Questions” “Water,” “MDEQ/USACE Joint Permit Application,” “Frequently Asked Questions”

Suggestions and Comments PLAN AHEAD!! If you want to do your project in the fall, submit your application in the Spring- don’t wait until the last minute! PLAN AHEAD!! If you want to do your project in the fall, submit your application in the Spring- don’t wait until the last minute! If you avoid any impacts to the resource, then you MAY not need to involve LWMD at all! If you avoid any impacts to the resource, then you MAY not need to involve LWMD at all!

If have questions – contact us Phone: Phone: –Program District Staff – – direct to Permit Consolidation Unit – ask for Land and Water Management Division, Permit Consolidation Unit Fax – PCU – SE MI District – PCU: – Frequently Asked Questions Frequently Asked Questions