This guidance is available to assist applicants and consultants in meeting federal requirements during the project planning phase of State Revolving Fund (SRF) projects. All projects must review the items discussed in this document, and if impacts are expected, a discussion of impacts, mitigation, and permitting requirements must be included in the project planning document.
Use the search bar to find keywords or read through the headings below to find specific guidance information.
When contact letters are necessary, which is the case only for equivalency projects, the applicant must provide (at a minimum) the following information in its contact letters:
All correspondence related to agency contacts (i.e., the initial and any subsequent contact letters as well as all agency responses) should be included in the final project planning document. If contacts are not made until after the submission of the final project planning document, correspondence and clearances should be submitted to your EGLE project manager once received. Regardless of when formal contacts are made, all items must be considered and if impacts are expected, a discussion of the impacts and mitigation plans must be included in the planning document. Any required federal crosscutter clearances must be received prior to EGLE publication of the Environmental Assessment for the project. Failure to provide crosscutter clearances will delay a project and can impact loan closing in the current quarter and fiscal year.
Please note that the following agencies must be contacted for projects identified as equivalency projects: the State Historic Preservation Office, Tribal Historic Preservation Officers, United States Fish & Wildlife Service, and Michigan Natural Features Inventory. Additionally, consideration for resources within EGLE’s Water Resources Division Land and Water Interface must be included. For all projects, the existing environment and potential impacts resulting from the project must be reviewed and included in the planning document.
Surveys may be required to better define historical-archaeological resources, biological resources, and wetlands. Please note that if any surveys are required, EGLE cannot issue an environmental assessment until the surveys are completed
The National Historic Preservation Act, as amended (16 U.S.C. §470, et seq.) mandates the protection of historic sites, buildings, structures, districts, and objects of national, state, regional, or local significance listed in the National Register of Historic Places and requires that the effect of a federally-assisted project upon properties included in or eligible for inclusion in the National Register must be considered during project planning.
All equivalency projects must contact The State Historic Preservation Office (SHPO) during project planning and complete a Section 106 Review. A determination must be made of whether the proposed project could cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data in the vicinity of the project.
To prepare this request, the applicant needs to complete SHPO’s Section 106 Review Application. For guidance in completing the Section 106 Application, review the Instructions for the Application for SHPO Section 106 Consultation Form. Maps and photographs or digital media showing the areas affected by the project need to be provided at this time. The applicant may be required by the SHPO to conduct a survey to ascertain the existence of scientific, prehistorical, historical, or archeological data in the vicinity of the proposed project. When completing the Section 106 application, use the following information for the federal and state agency contact information.
a. Federal Agency: Michigan Department of Environment, Great Lakes, and Energy (EGLE)
Contact Name: Jonathan M. Berman, State Revolving Fund Compliance Specialist
Contact Address: P.O. Box 30457 City: Lansing State: MI Zip: 48909-7957
Email: BermanJ@Michigan.gov
Specify the federal agency involvement in the project: Specify Source(s) of Federal Funding(e.g., CW/DW SRF capitalization grant, BIL, LSLR, EC/PFAS, etc.)
c. State Agency Contact (if applicable): Michigan Department of Environment, Great Lakes, and Energy (EGLE)
Contact Name: First Name Last Name, Project Manager For the contact address, email, and phone; please use the information for your assigned EGLE project manager and the appropriate EGLE district office if applicable.
Jonathan Berman, the EGLE State Revolving Fund Compliance Specialist, can be the federally authorized signatory for the application. In such cases, prior to submittal, please email a copy to Jonathan and your EGLE project manager for signature.
If the SHPO determines that significant scientific, prehistorical, historic, or archeological data will be destroyed by the proposed project, the applicant must either undertake a plan to recover and preserve the data as part of the project or alter the project to avoid destruction. If the SHPO determines that the proposed project could adversely affect a property that is included in or eligible for inclusion in the National Register of Historic Places, the applicant must either select an alternate project site or integrate into the project design the mitigative measures that have been recommended by the SHPO.
There are 12 federally recognized Indian tribes in Michigan, whose Tribal Historic Preservation Officers (THPO) assume the role of SHPO for projects on tribal lands. Section 106 of the National Historic Preservation Act requires consultation with THPOs and federally recognized tribes. The purpose is to give the tribe an opportunity to have its interests and concerns considered. For projects that are not located on tribal lands, THPOs and federally recognized tribes are still given an opportunity to comment.
All equivalency projects must provide any federally recognized tribe that has a history of use in the area of the project, a notice of opportunity to comment on the project. A list of tribes broken down by county and a sample contact letter is included in the Tribal Contact List. Active participation of tribes does not obligate payment for consultation. If any specific information and/or documentation regarding the location, nature, and condition of an individual site or a survey is required due to an identified impact, the tribe would be justified in requiring payment for its services.
If the tribe determines that historic properties with religious and/or cultural significance will be impacted by the proposed project, the applicant must either select an alternate project site or integrate into the project design mitigative measures that have been recommended by the tribe.
The Endangered Species Act of 1973, as amended (16 U.S.C. §1531, et seq.) prohibits federal assistance to a project which is likely to jeopardize (1) any species of fauna or flora listed or proposed to be listed as endangered or threatened by the U.S. Fish & Wildlife Service (USFWS) or (2) the critical habitat on which such species depend. Michigan’s endangered and threatened species are protected under Part 365 of the NREPA. The Michigan Department of Natural Resources (DNR) is the state agency responsible for protecting state listed endangered species in Michigan.
All equivalency projects must consult with the Michigan Natural Features Inventory (MNFI) to ascertain whether any species of fauna or flora listed or proposed to be listed in the MNFI as endangered, threatened, or special concern, or the critical habitat of such species, is found in the vicinity of the proposed project. A Rare Species Review request must be submitted through the MNFI website that will generate a letter from MNFI staff summarizing their findings.
USFWS ensures that federally funded projects do not jeopardize any federally listed species through the implementation of Section 7 of the federal Endangered Species Act. All equivalency projects must contact USFWS for Section 7 consultation. In these cases, USFWS must provide a list of species in the project area, and, depending on potential effects of the project as determined by the action agency or consultant, may also provide written concurrence. More information is on the USFWS Section 7 Consultation website. Step-by-step instructions are in the Consultation Process section on the site.
Preliminary review includes consultation with the USFWS Information for Planning and Consultation(IPaC) tool. This tool is free and available for applicants and consultants to use.
If the USFWS or the MNFI consultation determines that the proposed project is likely to jeopardize an endangered or threatened species or its critical habitat, the applicant must select an alternate project site. Regardless of impact on fauna or flora, impacts and mitigation still must be discussed in the project planning document.
Construction activities that occur where land meets the water are referred to as Land and Water Interface issues. The following resources are regulated by EGLE Water Resources Division (WRD)or the United States Army Corps of Engineers (ACE). The need for ACE review and approval for projects involving federal waters must be included. To determine if a permit is necessary, review the EGLE Land and Water Interface Project Permitting webpage for guidance. Applicants should contact the appropriate EGLE WRD Land/Water Interface Permitting Staff with questions. All equivalency projects must review all land and water interface resources and determine if impacts are expected. If impacts are expected, contact must be made with EGLE WRD or US ACE to obtain permits. Discussion of impacts and permits must be included in the project planning document.
The Fish and Wildlife Coordination Act (16 U.S.C. §661, et seq.) requires that fish and wildliferesources be protected whenever a federally-assisted project will result in the control or structuralmodification of any natural stream or other waterbody. Part 301 of Michigan’s NREPA requires evaluation and mitigation of any adverse construction impact upon inland lakes and streams (e.g., bridge/culvert work, dredging, filling, open cut, and stream re-routing).
The applicant must indicate in the planning document whether construction of the project will result in control or structural modification of any natural stream or waterbody. If impacts are expected, the applicant must note this fact in the contact letter that must be sent to the USFWS. If the proposed project will result in the modification of a stream or other water body that could adversely affect fish and wildlife resources, the applicant must integrate into the project design the mitigative measures that have been recommended by the USFWS.
The applicant must also discuss whether any construction will occur in the land area of an inland lake or stream that lies below the ordinary high-water mark or in Great Lakes. If so, a Joint Permitwill be required. Visit the EGLE Joint Permit Application website for more information. If the project may impact an inland lake or stream, including potential impacts due to groundwater and/or surface water dewatering, the applicant must either select an alternate project site or integrate mitigative measures recommended by EGLE WRD.
Federal Executive Order 11988, "Floodplain Management" (42 FR 26951) requires the evaluation of the potential effects of a federally-assisted project upon floodplains to avoid adverse impacts associated with direct and indirect development of the floodplains. The executive order further forbids federally-assisted project construction in a 100-year floodplain unless no practicable alternative exists.
The applicant must indicate in the planning document whether any project construction will occur within the 100-year floodplain. The document should include a Federal Emergency Management Agency (FEMA) floodplain map with the areas affected by the proposed construction clearly marked. If a floodplain map is not available, the description of the proposed construction must include the elevation of the ground surface at the construction site and its distance from the water course.
If floodplains may be impacted by the proposed project, the final planning document must include all the following:
All these items must be discussed at the formal public meeting held prior to the adoption of the final project planning document. Public notices of scheduled meetings must mention that floodplains will be impacted by the proposed project.
If floodplains will be adversely impacted by the proposed project, the applicant must either select an alternate project site or integrate into the project design the mitigative measures that have been recommended by EGLE WRD. Consult with the EGLE Floodplain Management/National Flood Insurance Program for specific information.
Federal Executive Order 11990, "Protection of Wetlands" (42 FR 26961) requires the evaluation of potential impacts of a federally-assisted project upon wetlands to avoid adverse impacts associated related to the destruction or loss of wetlands and to avoid new construction in wetlands if a practicable alternative exists. If wetlands may be impacted by the proposed project, the final planning document must include all of the following:
All these items must be discussed at the formal public meeting held prior to the adoption of the final project planning document. Public notices of scheduled meetings and hearings must mention that wetlands will be affected by the proposed project. If wetlands will be adversely impacted by the proposed project, the applicant must either select an alternate project site or integrate into the project design the mitigative measures that have been recommended by EGLE WRD.
If a wetland survey is required, we encourage applicants to engage a private wetlands consultant, as it does expedite both our state environmental review for environmental assessment publication as well as the permit review process. Alternately, applicants may choose to utilize the Wetland Identification Program (WIP) administered by EGLE WRD. More information on the wetlands program and WIP can be accessed from the EGLE Wetlands Website.
The Coastal Barrier Resources Act as amended by the Great Lakes Coastal Barrier Act of 1988 (16U.S.C. §3501 et seq.) prohibits federal assistance to a project which will impact undeveloped coastal barrier areas along the shores of the Great Lakes that have been included in the U.S. Department of the Interior's Coastal Barrier Resources System. The Coastal Zone Management Act of 1972, as amended (16 U.S.C. §1451, et seq.) requires that a federally-assisted project be consistent with the approved state coastal zone management program. The coastal zone management program is administered through several coastal related sections of NREPA including Part 323 (Shorelands Protection and Management), Part 325 (Great Lakes Submerged Lands),and Part 353 (Sand Dunes Management).
If the proposed project will be located near one of the Great Lakes, the applicant must provide a map in the final planning document showing the proximity of the proposed construction to the lakeshore. If the project will affect shoreland that is included in the Coastal Barrier Resources System or if the project is determined not to be consistent with the approved coastal zone management plan, the applicant must either select an alternate project site or integrate into the project design the mitigative measures that have been recommended by EGLE WRD. More information can be found on the EGLE Shoreland Management webpage.
The ACE regulates land/water interface activities under Section 10 of the Rivers and Harbors Actof 1899 and Section 404 of the Clean Water Act of 1977. These laws require ACE permits authorizing activities in or affecting navigable waters of the United States, including the discharge of dredged or fill materials into waterways and adjacent wetlands.
The applicant must contact the appropriate ACE office to determine if the proposed project will impact a water resource under federal jurisdiction. Impacts, mitigation, and necessary permits must be discussed in the planning document. Permit information and applications can be found on the US ACE Detroit District webpage.
A joint permit application, which EGLE and the ACE share, ensures efficient permit processing in areas where both agencies have jurisdiction. If a project requires permits/reviews for any of the following activities, only one application is required to meet state and federal requirements:
This application is available on the EGLE Joint Permit Application Webpage and must be submitted through the MiEnviro Permitting Site. The JPA website also provides application information, instructions, fees, rules pertaining to the project, staff contacts, and specific project assistance related to associated resources. The need for a permit must be identified in the project planning document.
The Clean Air Act (42 U.S.C. §7616) requires an analysis of whether air pollutant emissions will result from the construction or operation of a federally-assisted project. The applicant must analyze whether direct or indirect air pollutant emissions will result from the construction or operation of the proposed project. If pollutant emissions can result from the proposed project, the applicant must analyze the impacts of those emissions, including impacts that could result from population growth facilitated by the project. A description of the project-related direct and indirect emissions, along with an analysis of their impacts, must be included in the planning document.
Federal Aviation Administration (FAA) regulations (14 CFR 77.13) and the Michigan Tall Structure Act (1959 PA 259) have notification and permitting requirements for any construction that may obstruct the use of airspace by aircraft. Structures that exceed specific height and runway proximity criteria will require a permit prior to construction. FAA Advisory Circular 150/5200-33, the federal inter-agency agreement on aircraft/wildlife strikes, and the Michigan Aeronautics Code (1945 PA327), require that new or expanded potential wildlife attractants must be approved prior to construction. Examples of potential wildlife attractants include wastewater treatment facilities utilizing lagoons for treatment and effluent discharge outfalls.
If the proposed project involves the construction of an elevated storage tank or a new or expanded wildlife attractant in the vicinity of an airport (‘vicinity’ defined as within 5 miles of any licensed airport) and/or inside the boundaries of an airport, the applicant must contact the Michigan Department of Transportation (MDOT), Bureau of Aeronautics. An airport directory, contact information, and specific requirements is located on the MDOT Aeronautics webpage. If an environmental clearance is needed, contact the MDOT Aeronautics Environmental Specialist.
The Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) require permits fordischarges into the waters of the United States. EGLE regulates discharges to both surface watersand groundwater under Michigan’s Natural Resources and Environmental Protection Act, 1994 PA451, as amended (NREPA).
To modify or apply for a discharge permit, the applicant should contact the Permit Section of the EGLE Water Resources Division (WRD). Contact information can be found by visiting the EGLE WRD webpage.
The need for a new or modified discharge permit should be noted in the project planning document, along with an estimated date for its issuance. The new or modified permit must be issued prior to EGLE publication of the environmental assessment for the project. Note that a Part 41construction permit cannot be issued until the new or modified discharge permit is issued.
To comply with the Farmland Protection Policy Act (7 U.S.C. §4201, et seq.), alternative actions that could lessen adverse effects must be considered if a federally-assisted project may result in the conversion of significant farmland to nonagricultural uses. Significant farmland under this Act is defined as prime, unique, statewide, or local important farmland.
The applicant must provide a map in the final planning document showing the location of significant agricultural lands in the vicinity of the proposed project. The planning document must also include information on impacts of project construction or operation upon agricultural lands. Examples of impacts include the acquisition of farmland as the site for a new wastewater treatment plant or pumping station, the use of agricultural lands for the treatment or disposal of effluent or sludge, and the conversion of farmland into nonagricultural uses due to growth fostered by the expansion of a wastewater collection and treatment system.
If significant farmlands may be converted to nonagricultural uses resulting from the proposed project, the applicant may be required to select an alternate project site. If your project may convert farmland either directly or indirectly, contact the USDA Natural Resources Conservation Service (NRCS). The State Conservationist performs a review under the National Environmental Policy Act(NEPA). If there may be a negative impact on prime and unique farmland, the USDA-NRCS will provide Form AD-1006 for completion in accordance with the Farmland Protection Policy Act(FPPA).
The Farmland and Open Space Preservation Act (Part 361 of the NREPA), previously known as PA116, enables a farm owner to maintain land in an agricultural use and ensures the land is not developed in a non-agricultural use. If your project may affect farmland protected via this state level program, visit the Michigan Department of Agriculture & Rural Development Farmland Preservation Program webpage to initiate contact.
Local health departments have primary regulatory authority over on-site septic systems undersections 2433, 2435, and 2441 of the Michigan Public Health Code (1978 PA 368). If the proposed project involves the construction, alteration, extension, or replacement of onsite septic systems, the applicant should contact the local health department during project planning to seek input regarding the acceptability of the proposed action. Local health department addresses can be found on the Michigan Department of Health and Human Services Local Health Departments Map. The applicant must then provide a copy of the draft project planning document to the local health department for its review and concurrence.
Under Michigan’s NREPA, a dam safety permit may be needed for a lagoon where the berm encloses more than five acres. If the proposed project impacts a lagoon where the berm encloses more than five acres, the applicant should contact the EGLE WRD staff responsible for the geographic area of the proposed project. Dam safety contacts can be found on the EGLE Dam Safety website. The need for a new or modified dam safety permit should be noted in the project planning document, along with an estimated date for its issuance.
The Historic Sites Act (16 U.S.C. §461, et seq.) mandates the protection of national natural landmarks. The applicant should review the list of national natural landmarks through the National Park Service National Natural Landmark Directory and note in the final project planning document whether or not there is any listed landmark that could be impacted by project construction or operation. If the proposed project could adversely affect a national natural landmark, the applicant must either select an alternate project site or integrate mitigative measures into the project design.
EGLE’s Air Quality Division (AQD) regulates activities related to the removal of building materials containing asbestos under the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations (40 CFR Part 61, Subpart M). The Remediation and Redevelopment Division (RRD) regulates contaminated sites under Part 201 (Environmental Remediation) and Part 213 (Leaking Underground Storage Tanks) of Michigan’s NREPA. The Materials Management Division (MMD) regulates the disposal of a variety of waste materials under Part 111 (Hazardous Waste Management), Part 115 (Solid Waste Management), and Part 121 (Liquid Industrial By-Products) of Michigan’s NREPA and the Hazardous Materials Transportation Act (Act 138 of 1998).
The applicant must indicate in the planning document whether construction of the proposed project will involve any site contamination or cleanup issues. Work plans and practices that will be followed in the excavation, testing, removal, handling, transportation, and disposal of contaminated materials need to be identified. Specific work practices that will be followed to minimize the release of asbestos fibers during construction and ensure the proper disposal of removed materials containing asbestos must also be detailed. If the proposed project involves the renovation or demolition of structures containing asbestos, the applicant must review and comply with the AQD’s Asbestos NESHAP Program. Regulations and notification requirements can be found on the EGLE Asbestos NESHAP Program webpage.
If the proposed project involves construction activities in areas of known soil or groundwater contamination, the applicant must review the EGLE Remediation and Investigation webpage and contact the appropriate RRD District Office to learn more.
If the proposed project involves the removal and disposal of building materials which contain lead, mercury, PCBs, or similar contaminants, the applicant shall review the Disposal of Hazardous Waste and Liquid Industrial By-Products webpage. If the proposed project involves the cleaning of sewers, manholes, or catch basins, the sanitary sewer and storm sewer clean-out residue removed from sewer systems is regulated as liquid industrial by-product when it contains free liquids and has not been contaminated by spills or releases that would make it a regulated hazardous waste. Applicants shall review EGLE’s Sanitary Sewer Cleanout Waste Guidance and Waste Characterization Guidance. Questions regarding hazardous waste or liquid industrial by-products and waste disposal practices should be directed to the appropriate MMD District Office staff.
The Water Quality Act of 1987 (P.L. 100-4) requires permits for discharges from municipal separate storm sewer systems (MS4s). EGLE regulates municipal stormwater discharges under Michigan’s NREPA.
The applicant must contact the appropriate EGLE MS4 staff in the following situations to determine if the proposed project will require permits for storm water discharges:
(1) If the municipality in which the project is located operates a separate municipal storm sewer system and the proposed project involves additional stormwater discharges;
(2) If the municipality in which the project is located operates a combined sewer system that, as a result of the proposed project, will become a separated system;
or
(3) If the construction activity resulting from the proposed project will disturb one acre or greater (or less than one acre if the construction activity is part of a larger common plan of development).
More information and staff contacts can be found on the EGLE Municipal Storm Water Program webpage. In all cases, the final project planning document must identify all stormwater discharges that will result from the construction or operation of the proposed project, along with an analysis of their impacts. Elements of existing or proposed storm water management plans and specific storm water controls for construction activities also need to be identified.
The Great Lakes Preservations Act, Part 327 of NREPA, regulates new or increased water withdrawals, consumptive uses, and diversions to ensure that uses overall are reasonable, that withdrawals will not result in significant impacts to the waters and water dependent natural resources, determined based on significant impacts to the physical, chemical, and biological integrity of source watersheds. Further information can be found on the EGLE Water Use Program webpage.
If dewatering/water withdrawal is anticipated, provide preliminary plans, hydrogeological survey, groundwater modeling, wetlands, etc., within the zones of influence to determine if use of the Water Withdrawal Assessment Tool or a Part 327 permit is needed. The area assessed for the potential impacts of the proposed project needs to include the area impacted by the construction activities and the groundwater capture zone(s) for any construction dewatering wells. Applicants may be required to consider alternative design, location, or mitigative measures. Dewatering impacts and mitigation efforts must be discussed in the project planning document
The Wild and Scenic Rivers Act as amended by the Michigan Scenic Rivers Act of 1991 (16 U.S.C. §1271, et seq.) prohibits federal assistance to a project that will have a direct and adverse effect on the values for which a river segment listed in the National Wild and Scenic Rivers System or designated for study on the National Rivers Inventory was established.
If a designated wild, scenic, or natural river or tributary may be impacted by the proposed project, the applicant should contact the Natural Rivers Program of the DNR Fisheries Division during project planning. More information on Michigan’s river segments designated for protection can be found through the DNR Natural Rivers webpage and the National Wild and Scenic Rivers System website.
If the proposed project could adversely impact a designated river segment, the applicant must either select an alternate project site or integrate into the project design the mitigative measures that have been recommended by the DNR Fisheries Division. If your project may affect a federal or state designated river, you will need to contact DNR-NaturalRivers@Michigan.gov or the appropriate permitting staff directly. Their office can assist in answering questions about federally designated rivers or will refer/redirect to the appropriate federal office for further review.
