Dam Safety (Repairs/Construction) Permit

The Land and Water Management Division (LWMD), within the Michigan Department of Environmental Quality(MDEQ), has responsibility to review construction activities on dams under the provisions of Part 315, Dam Safety (formerly Public Act 300 of 1989, as amended), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of this permit is to assure that dams are built, repaired, enlarged, removed, altered, or abandoned in a manner that the resultant structure will have no significant adverse impact on the public health, safety, welfare, property, natural resources, or public trust in those natural resources.

A. NAME OF PERMIT OR APPROVAL:

Dam Safety Permit

B. STATUTORY AUTHORITY:

Part 315, Dam Safety,Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, LWMD

Dam Safety (R 281.1301 - 281.1313)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

Any construction, repair, enlargement, removal, alteration, or abandonment of a regulated dam.

 2.  Pre-Application Requirements

• No construction, reconstruction, repair, alteration, abandonment, or removal of the dam may begin until the permit is issued

• Permits are issued for a period of time not exceeding two years and may be renewed, if appropriate

 3.  Application Submission Requirements

• Completed joint permit application

• Application fee

For construction, enlarging, or reconstruction:

• A description and evaluation of the loss of natural resources that is associated with the project

• A description of the natural resources that are associated with or created by the impoundment and how they offset the natural resources lost by the creation of the impoundment

• A project impact assessment

• Conceptual plans with initial application

• Activities which require a permit under Part 301 ( Inland Lakes and Streams), Part 31 (Floodplains), or Part 303 (Wetlands Protection) of the NREPA do not require separate permits

• Submission of detailed engineering plans, Part 315 permit fee, and specifications for department review and approval will be required as a condition of the permit

For dam removal or abandonment

• A site plan

• A description of the method to be employed in removing or abandoning the dam

• An evaluation of the capacity of the remaining structure to pass flood flows after the proposed work is completed

• An evaluation of the quantity and quality characteristics of the sediments that have accumulated in the dam impoundment

• A description of the methods to be employed to control sediments during and after removing or abandoning the dam

• A project impact assessment

For dam repair:

• A description of the proposed work, including the volumes of materials to be dredged or filled

• Engineering plans and specifications for the proposed work

 4.  Procedures and Time-Frame for Obtaining Permit or Approval

• Applicant submits application (EQP 2731) and fee to LWMD

• The MDEQ sends copies of the application for comment to the community in which the proposed project is located, to adjacent riparian owners and to the appropriate watershed council (This step is not required if the application is for a "minor project" as defined in the statute.)

• A public hearing may be held at the request of the applicant, riparian owners, or the local unit of government

• Permits must be issued or the application denied within 60 days of the receipt of a complete application (120 days if a public hearing is held)

 5.  Operational Requirements

• Applicant must comply with all applicable rules and regulations and stipulations set forth in the permit

• Site inspections are made by department staff to determine if the project is completed in accordance with approved plans and specifications

 6.  Fees

$100 to $3,000, depending on the size of the dam and the nature of the project

 7.  Appeal Process

If an application is denied for a proposed activity, the landowner may appeal the decision to the MDEQ Director requesting a contested case hearing pursuant to the State Administrative Procedures Act, Public Act 306 of 1969, as amended (a decision from this process can be appealed to the courts).

Information regarding contested case hearings can be obtained from the Office of Administrative Hearings Website.

 8.  Public Input Opportunities

The decision makers in this program are district staff. In rare instances an MDEQ Deputy Director or the LWMD division chief will issue the permit. The LWMD has many mechanisms for public notice of pending permit decisions. A record of applications received is available on an online searchable system called CIWPIS.This online system allows queries related to public hearings, public notices, year, county, township, range, section, water body, file number or applicant name. The LWMD district contact can be found through CIWPIS. The best opportunity for public input is during the 20 day public review and comment period. If the proposed project impacts regulated wetlands under the jurisdiction of Part 303 then the local units of government (village, city, township or county) have 45 days to submit comment. If a hearing is requested, then all previously notified groups and individuals are notified by mail at least 10 days prior to the hearing.

E. MICHIGAN BUSINESS ONE STOP:

The Michigan Business One Stop (One Stop) www.michigan.gov/business is a tool designed to allow businesses to interact with the State of Michigan. The tool offers:

• a set of screening questions based upon your business sector to identify permits, licenses and registrations that may be required to do business in Michigan.
• an option to pay fees online. For many programs, you can pay your business license fee in One Stop through use of an online form and shopping cart.
• many online permit applications and renewals. When starting a new business and registering in One Stop, you will need to identify a business sector (also known as a NAICS Code). You can find your code at www.naics.com, select "Code Search."  After entering this code in One Stop and answering some screening questions, links to relevant permit applications will automatically be available in your newly created workspace. One benefit of accessing applications through One Stop is that you will receive status messages throughout the application process.

Using the One Stop provides many benefits to businesses in Michigan. By conducting your business through One Stop you can organize your State of Michigan transactions in one place. If you ever need assistance with One Stop, then you can contact the Customer Assistance Center at 877-766-1779; they are open from 7 am to 6 pm. One Stop is a valuable tool that offers many benefits to business. We hope you give it a try.

F. ADMINISTERING AGENCY:

Land and Water Management Division, Michigan Department of Environmental Quality, P.O. Box 30458, Lansing, Michigan 48909-7958

• Program Phone: 517-241-9862

• Program Webpage: www.michigan.gov/deqdamsafety

• Environmental Assistance Center: 1-800-662-9278, mailto:deq-ead-env-assist@michigan.gov

Creation/Revision Date:

October 2010