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Bethany Matousek
MatousekB@Michigan.gov
Stream mitigation is required to compensate for unavoidable adverse impacts to stream resources. Before mitigation can be considered, applicants must demonstrate that impacts have been avoided and minimized to the maximum extent practicable. Only then can mitigation be considered. Without mitigation to compensate for lost resource functions and values, some projects would not be able to be permitted due to adverse impacts. Stream Mitigation is typically required for projects that are larger or impact more stream functions (e.g., longer enclosures, relocations, channelization, dredging, armoring, etc.).
If stream mitigation is required, applicants must submit an acceptable mitigation plan before a permit is issued.
A site protection instrument is necessary to protect the stream mitigation and the functions and values it provides in perpetuity. EGLE typically requires site protection in the form of a conservation easement from the property owner, and financial assurance to guarantee compliance with permit conditions. Contact Michael Pennington at PenningtonM@Michigan.gov for a copy of the appropriate conservation easement model for stream mitigation and financial assurance documents.
Stream mitigation can include many activities that replace the stream functions that were impacted or lost as a result of a project.
Examples include: stream channel restoration; creation of floodplain shelves; creation of pool-riffle complexes; installation of large woody debris; stream bank stabilization; expansion of the riparian buffer; riparian vegetation enhancement; fish passage improvement; culvert improvements; removal of small dams or other man-made obstructions; disconnecting and treating stormwater inputs in urban areas; daylighting a stream; and more.
Considerations for site selection for stream mitigation should include:
Under state and federal law, applicants must evaluate and provide potential impacts from a proposed project in the permit application. Applicants must use the Michigan Stream Quantification Tool (MiSQT), or another method approved by EGLE, for stream functional assessment and for determining the amount of stream mitigation.
