Construction Stormwater Runoff Control Plan (CSWRCP) — 2025

Background

In Michigan, Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, 1994 Public Act 451, as amended (NREPA), provides for the control of soil erosion and protects adjacent properties and waters of the state from sedimentation. A permit is required for any earth change activity which disturbs one or more acres of land, or which is within 500 feet of a lake or stream. In some cases, local ordinances have more stringent requirements. Part 91 of the NREPA is administered and enforced by various state, county, and local governmental agencies.

1. 1.Counties are mandated by statute to administer and enforce Part 91. The board of commissioners for each county must appoint an agency within the county, referred to as the County Enforcing Agency (CEA), to review soil erosion and sedimentation control plans, issue permits, and take enforcement actions when necessary to ensure compliance with Part 91.
2. 2.Municipal Enforcing Agencies (MEAs) are cities, villages, charter townships, and some general law townships that have elected to enforce Part 91 through adoption of a soil erosion and sedimentation control ordinance. After approval of the ordinance by the Department of Environment, Great Lakes, and Energy (EGLE), the MEAs assume responsibility for administering and enforcing Part 91 within their jurisdictions, independent of the CEAs.
3. 3.Authorized Public Agencies (APAs) are state, county, or municipal agencies, such as the Michigan Department of Transportation, county road commissions, and city street departments, that have been designated by EGLE to undertake earth change activities without having to obtain soil erosion and sedimentation control permits from the county or municipal enforcing agencies. Designation is dependent upon having acceptable procedures for controlling erosion and off-site sedimentation.
4. 4.EGLE's Water Resource Division (WRD) has oversight responsibility over the statewide Soil Erosion and Sedimentation Control (SESC) Agencies Program and all Part 91 agencies.

Construction Stormwater Runoff Control Program

The CEA(s)/MEA(s) which issue(s) permits which undertake earth change activities within the jurisdiction of Lincoln Township are listed below:

• Midland County Drain Commission – CEA

Notifications when construction sites discharge to the Municipal Separate Storm Sewer System (MS4)

If staff observe a discharge of soil or sediment from a site of earth change to the Municipal Separate Storm Sewer System (MS4) or receive a complaint of a discharge from the public, a notification will be made to the contact person for the appropriate agency via a phone call or email within 24 hours during business days and within 24 hours after a holiday or weekend.

Notification will be made to EGLE MS4 district compliance staff via phone call, email, or MiEnviro within 24 hours during business days and within 24 hours after a holiday or weekend when soil, sediment, or other pollutants are discharged to the permittee's MS4 from a construction activity. Other pollutants include pesticides, petroleum derivatives, construction chemicals, and soil waste that may become mobilized when land surfaces are disturbed.

The notifications will then be tracked for progress reporting.

Procedure for verifying that a Part 91 permit has been obtained

During the site plan review process (for commercial, industrial, or multi-family residential) or residential building code review (for single family or duplex homes), Lincoln Township determines whether Part 91 permit coverage is required. Lincoln Township will notify the CEA upon receipt of an application for a building permit

that requires an earth change which disturbs one or more acres or which is located within 500 feet of a lake or stream.

Lincoln Township will not issue a permit to a person engaged in an earth change if the change requires a permit under Part 91 or these rules until the CEA has issued the required state-prescribed permit for the earth change. This is verified by requiring that the applicant submit a copy of the Part 91 permit, or via confirmation by the CEA that the permit has been issued.

When applicable, Lincoln Township ensures that a Part 91 permit is obtained by using a checklist for permittee owned projects.

Procedure for notification of Permit by Rule requirements

For sites with one or more acres of earth change and a discharge of stormwater to Waters of the State, the landowner or easement holder will also need to comply with State of Michigan's Permit by Rule (Rule 2,190) of Part 21, Wastewater Discharge Permits. Permit by Rule includes a requirement that a certified stormwater operator conduct inspections at least once per week and within 24 hours after every precipitation event that results in a discharge from the site. For sites with five or more acres of earth change and a discharge of stormwater to Waters of the State, the Notice of Coverage is required to be filed via EGLE's MiEnviro portal. When applicable, the requirement to comply with Permit by Rule is communicated to the landowner or easement holder by the CEA.