Soil Erosion Control

Part 91 of Act 454 of 1994 requires a Soil Erosion Control permit for any earth change that disturbs one or more acres, or within 500 feet of a lake, stream or wetland. Exempted activities include agricultural practices and some logging and mining activities. Access roads to the logging and mining sites and ancillary activities associated with logging and mining operations are not exempt. The removal of clay, gravel, sand, peat, or topsoil is not considered “mining” and therefore requires a permit.

Soil Erosion permits are required for all projects involving earth moving activities that occur within 500 feet of surface water (as defined) and disturb more than 225 square feet or disturb one or more acres. Soil Erosion exemptions are allowed for those projects that:

• Disturb less than 225 square feet and are stabilized within 24 hours.
• Include only post holes for decks.
• Include only borings and percolation tests when stabilized within 24 hours of the initial earth change and disturb less than 225 square feet.
• Include only shrub and tree removal when no vegetation is disturbed.

Include only the plowing and tilling of fields for crop production.

The timing sequence gives us a general idea of when your project will begin and when it will be finished and also lays out a sequence of steps to follow for erosion control. Temporary measures, such as silt fence, check dams, or vegetative buffers should be installed at the beginning of the project. The stone aggregate drive should also be at the start of construction. Permanent measures, such as grass, shrubs, pavement or other vegetation should be installed as soon as possible after final grade. Removal of temporary measures should be carried out after the site is completely stabilized. For major projects please note in determining a timing sequence, detention/retention/sediment pond installation should occur at the beginning of a project and that catch basin covers should be cleaned at least once a month until permanent measures are functioning.

Erosion controls are more effective than sediment controls and are preferred because they keep the soil in place and ensure the protection of the site. Whenever possible, the primary protection of a site should be erosion controls. One of the most common causes of sedimentation is poor maintenance of erosion controls. When developing a soil erosion control plan, the designer should answer the following questions:

• Where is erosion and sediment control needed?
• What kind of erosion and sediment control measures are appropriate?
• Should a large project be phased to minimize erosion?
• What type of maintenance will be necessary to ensure proper soil erosion and sedimentation control?

Part 91 lists a number of penalties for failing to comply with the Act. In addition, Garfield Township’s  Control of Soil Erosion and Sedimentation Ordinance No.  78 imposes further penalties for willful violations. Following is a partial list:

1. A person who violates Part 91 (the soil erosion control act) is subject to a civil fine of up to $25,000 for each day of violation.
2. Permit fees are doubled for projects started without first obtaining a permit.
3. A cease and desist order may be issued until compliance is obtained.
4. The Township Enforcing Agent may install or maintain control measures to bring site into compliance with Part 91 and bill the landowner for costs incurred.
5. A person may be ordered to restore all areas affected by the violation. This includes areas offsite that may have been affected.
6. Construction permits may be denied or revoked.

If your project is within 500 feet of a Lake, Stream, or wetland, it will require EGLE review/permitting.

Contact EGLE: EGLE Permits

If your disturbed area is greater than 5 acres, it will require NPDES review/permitting.

Contact NPDES: National Pollutant Discharge Elimination System (NPDES) Permits