R 281.1302 Permit applications and procedures.

Rule 2. (1) An application for a permit for a proposed project shall be made on a form that is prescribed and provided by the department. The application form shall be the same form that is used for other department-administered statutes that require permits at the land- water interface. Application forms may be obtained from the land and water management division or from any district or regional office of the department. (2) An application fee for a permit to repair, alter, remove, or abandon a dam shall be submitted with the application form. Submission of an application fee for a permit to construct, reconstruct, or enlarge a dam may be deferred until plans and specifications are submitted. The fee for enlargement of a dam that is part of a mine tailings basin system shall be based on the height of the new embankment section as measured by the vertical distance from the lowest point of the embankment crest to the lowest tailings foundation elevation. The fee shall be paid by check, money order, or draft made payable to: "State of Michigan". (3) When the proposed project includes related multiple impoundments, an applicant may apply for a single permit, but an appropriate fee shall be required for each impoundment. (4) An application for a permit to construct a new dam, enlarge an existing dam, or reconstruct a failed dam shall be reviewed by the department in a 2-step process. The first step shall be a review of the conceptual plans to determine if the proposed project may have a significant adverse effect on public health, safety, welfare, property, or natural resources or the public trust in those natural resources. The second step shall be the review of plans and specifications to determine if the engineering design is acceptable. (5) An application for a permit to construct a new dam, enlarge an existing dam, or reconstruct a failed dam shall include all of the following: (a) A description and evaluation of the loss of natural resources that are associated with the project. (b) 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. (c) The project assessment required pursuant to the provisions of R 281.1304. However, an assessment is not required for a permit to enlarge an existing dam when the purpose of the impoundment will remain the same as the original impoundment and the surface area of the impoundment will be increased by 10% or less. (d) Conceptual plans that are adequate to evaluate the project's impacts on public health, safety, welfare, property, or natural resources or the public trust in those natural resources. Conceptual plans shall include, at a minimum, all of the following: (i) A site plan that shows all of the following: (A) The location of the dam. (B) The existing stream channel. (C) The normal shoreline of the proposed impoundment. (D) Property lines. (E) Dimensions or proper scale. (ii) Transverse and longitudinal cross-sections through the dam that show all of the following: (A) The spillway or spillways. (B) Upstream and downstream water levels. (C) The stream channel bottom. (iii) The location of all occupied dwellings within 1/4 of a mile of the proposed impoundment if the dam is new or if the impoundment elevation is changed. Projects that do not propose an impoundment elevation change are excluded from this requirement. (iv) Ingress and egress routes for construction activities. (6) The first step of the review shall commence once the department has received all of the following: (a) The application form with all necessary information filled in. (b) All additional information requested by the department that is required to evaluate the proposed activity's effects on the public health, safety, welfare, property, or natural resources or the public trust in those natural resources. Requests by the department for additional information shall be made in writing. (c) All appropriate application fees, except as noted in subrule (2) of this rule. (d) The assessment described in R 281.1304 when required pursuant to the provisions of subrules (5) and (7) of this rule. (e) Conceptual plans for the project as described in this subrule and subrules (5), (7), and (8) of this rule. Engineering plans and specifications are not required for the department to complete the first step of the review. (7) An application for a permit to abandon or remove a dam shall include all of the following: (a) A site plan that shows all of the following: (i) The location of the dam. (ii) The impoundment. (iii) The existing stream channel. (iv) The proposed location of the stream channel. (b) A description of the method to be employed in removing or abandoning the dam. (c) An evaluation of the capacity of the remaining structure to pass flood flows after the proposed work is completed, including hydraulic computations to support the evaluation. (d) An evaluation of the quantity and quality characteristics of the sediments that have accumulated in the dam impoundment. (e) A description of the methods to be employed to control sediments during and after removing or abandoning the dam. (f) The project assessment required pursuant to the provisions of R 281.1304. (8) An application for a permit to repair or alter a dam shall include both of the following: (a) A description of the proposed work, including the volumes of materials to be dredged or filled. (b) Engineering plans and specifications for the proposed work. (9) After receipt of an application, the department may request, in writing, from the applicant, such additional information, assessment, design calculations, records, or documents as are determined to be necessary to evaluate the proposed project. (10) Based in part on the information provided by the applicant and in part on comments received by the department during the 20-day comment period as provided by section 23 of the act, the department shall conduct the first step of the review to determine the effects of the proposed project on public health, safety, welfare, property, or natural resources or the public trust in those natural resources and riparian rights. The department shall make 1 of the following determinations: (a) The proposed activity is permitable as submitted. (b) The proposed activity is permitable if certain described modifications are made. (c) The proposed activity is not permitable and cannot be modified to result in the granting of a permit. (11) An application for a permit shall not be considered complete until the assessment required in R 281.1304 has been completed and the department has received all of the following: (a) All information that is requested on the application form. (b) Any other information that is required by written notice from the department. (c) The application fee, unless the fee is deferrable pursuant to the provisions of subrule (2) of this rule. (d) Acceptable conceptual plans and specifications. The department shall grant or deny a permit within 60 days after the submission of a complete application or within 120 days after the submission of a complete application if a public hearing is held. (12) An application shall be considered to be withdrawn and the file for the application shall be closed if an applicant fails to respond to any written inquiry or request from the department within 30 days of the request. If the applicant cannot provide the specific information that the department requests within the 30-day period, the applicant may keep the application open by advising the department, in writing, within the 30-day period, of when the information can be submitted. The applicant's proposed deadline shall be reasonable. If the information is not provided by the applicant's deadline, the application shall then be closed. (13) The department shall advise an applicant of its determination. If an activity is permitable as submitted or is permitable if modified, the department shall then review engineering plans and specifications. If the department has not yet received required application fees or engineering plans and specifications, the department shall request the fees or plans and specifications at the time an applicant is advised of the department's determination. (14) When the department determines that engineering plans and specifications are acceptable, a permit shall be issued or, if a permit has already been issued, the applicant shall be notified, in writing, that plans and specifications are acceptable and the project may commence. If the engineering plans and specifications are determined to be unacceptable, the department shall advise the applicant of why the plans and specifications are unacceptable and provide a concise written statement explaining how the plans and specifications may be corrected.