ORDINANCE NO. 02-1

An ordinance to establish rules and regulations to control soil erosion and sedimentation, to establish a system of permits for the regulation of earth changes, to establish the Calhoun County Road Commission and Board of Public Works as the officer responsible for implementation and enforcement, and to establish a system of fees, penalties, and civil infraction penalties for the violation of the ordinance, all as authorized by the Part 91 Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994 as amended.

I. INTRODUCTION

Soil erosion can be classified as either natural or accelerated. Natural erosion is a geological process over which man has little or no control and may be very slow or rapid depending on various factors. Accelerated erosion is caused when development and urbanization of our environment occurs creating erosion and sedimentation through the alteration of drainage patterns, exposed soils, removal of organic matter and increased amounts of impervious surfaces through paving and compacting of soil, increasing the amount of storm water runoff.

Storm water runoff increases channel flow and erodes stream or river channels, which adds to the sediment load. Eventually, eroded soil is deposited in lakes, rivers, streams and wetlands in the form of sediment. Sediment damages the ability of the waterway to serve its natural functions.

Adverse effects of sedimentation include:

Smothering aquatic life by clogging gills of fish, covering critical insect habitat and fish reproduction areas. Decreasing the watershed's ability to carry and retain storm water, clogging drainage systems and increasing chances of flooding.

Affecting navigability of watercourses.

Reducing the attractiveness of streams, rivers and lakes both recreationally and aesthetically. Carrying pollutants such as toxins and excess nutrients into waterways.

Increasing water temperatures through heavy turbidity.

The consequences of uncontrolled erosion and off-site sedimentation can be significant and every reasonable effort must be made to provide effective erosion prevention and sediment control. Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994 as amended was enacted to address these problems. Part 91 has become the primary tool for combating uncontrolled erosion and sedimentation from earth change activities. This state law provides counties the authority to adopt ordinances to administrate and enforce Part 91. An ordinance to control soil erosion and sedimentation may be more restrictive, but not less restrictive than state law, in accordance with MCCA Section 324.9105 (3).

II. AUTHORITY

By virtue of the powers vested in the Calhoun County Board of Commissioners under existing statutes and pursuant to Part 91, Soil Erosion and Sedimentation Control Act 451 of the Public Acts of 1994 as amended, being sections 324.9 101 to 324.9123 (a) of the Michigan Compiled Laws, and the Administrative Rules promulgated by the State of Michigan under the authority of Part 91, there is hereby adopted an ordinance of the administrative rules to provide standards to control, regulate, enforce and maintain proper soil erosion and sedimentation control practices, for administrative procedures, and enforcement powers within the County of Calhoun.

III. DESIGNATION AS COUNTY ENFORCING AGENCY (CEA)

1. The Calhoun County Road Commission shall be the Calhoun County enforcing agency responsible for the administration and enforcement pf Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Part 91), within Calhoun County. The administrative Rules promulgated under the authority of Part 91 are hereby incorporated by reference.
    

2. Earth changes permitted by Municipal Enforcing Agencies (MEA) or undertaken by Authorized Public Agencies (APA) shall be exempt from this ordinance. APA's include, but are not limited to the following:

   1. Calhoun County Road Commission
       

   2. State agencies including but are not limited to the Michigan Department of Transportation, the Michigan Department of Agriculture, the Michigan Department of Natural Resources, and the Michigan Department of Management and Budget. Calhoun County agencies including but are not limited to the Drain Commission.
       

3. An APA is exempt from obtaining a permit but shall notify the County Enforcing Agency of any proposed earth change, which is within the boundaries of Calhoun County.
    

4. APA's are not exempt from Part 91 and the rules issued there under and are to ensure that no off-site sedimentation occurs as a result of their projects.
    

5. When an earth change is under the jurisdiction of two or more municipal or county enforcing agencies the Michigan Department of Environmental Quality shall act as the enforcing agency.
    

6. A person engaged in agricultural practices may enter into an Agricultural Agreement or an approved Conservation Plan with the Calhoun County Conservation District to pursue such agricultural practices in accordance with the standards and requirements of Part 91 and this ordinance.

IV. OBJECTIVES

The objectives of this ordinance are:

1. To prevent accelerated soil erosion and off-site sedimentation resulting from earth changes proposed within Calhoun County.
    

2. To ensure that all earth changes are permanently stabilized in a timely manner.
    

3. To prevent unnecessary stripping of vegetation and loss of soils, especially adjacent to lakes and streams.
    

4. To ensure that soil erosion and sediment control practices are incorporated into site development at an early stage in the planning, design and construction processes.
    

5. To ensure that all drainage, soil erosion and sedimentation control facilities are properly designed constructed and maintained. To encourage the design and construction of soil erosion and sedimentation control facilities that serve multiple purposes including but not limited to water quality protection, storm water management, and wildlife habitat preservation and wetland protection.
    

6. To eliminate the need for costly remedial projects, maintenance and repairs to lakes, streams and drainage systems as a result of accelerated soil erosion and sedimentation.
    

7. To provide for enforcement of Part 91, the administrative rules, this Ordinance, and to establish penalties for violations.

V. PERMIT APPLICABILITY

1. A Soil Erosion and Sedimentation Control Permit shall be required for all earth changes within Calhoun County that disturb one or more acres of land and/or that are within 500 feet of a lake or stream.
    

2. An earth change activity that does not require a permit under Part 91 or this ordinance is not exempt from enforcement procedures under this ordinance if the activity causes or results in a violation of Part 91 or this ordinance.
    

3. Permit Exemptions

   1. A permit is not required for any of the following:

      1. Land on which a person, partnership or corporation is engaged in the industry generally referred to as logging, mining, plowing or tilling of land for the purpose of crop production or the harvesting of crops.
          

      2. A beach nourishment project permitted under Part 325 of Act 451 of the Public Acts of 1994 as amended.
          

      3. Normal road and driveway maintenance, such as grading or leveling that does not increase the width or length of the road or driveway and that will not contribute sediment to lakes or streams.
          

      4. Installation of oil, gas and mineral wells under permit from the supervisor of wells if the owner/operator is found by the supervisor of wells to be in compliance with the conditions of Part 91.
          

      5. A minor earth change that is stabilized within 24 hours of the initial earth disturbance and that will not contribute sediment to lakes or streams (or as defined herein).
          

   2. "Mining" does not include the removal of clay, gravel, sand, peat or topsoil.
       

   3. The Calhoun County Enforcing Agency may grant a permit waiver for all earth change after receiving a signed affidavit from the landowner stating that the earth change will disturb less than 225 square feet and that the earth change will not contribute sediment to lakes or streams.

VI. PERMIT APPLICATION SUBMITTAL

An application for permit shall be submitted to the Calhoun County Enforcing Agency by the landowner or designated agent. Application for a permit shall be made prior to the start of any earth change requiring a permit and work shall not be initiated until a permit has been issued. Any unauthorized work shall be considered a violation of these procedures and can include a monetary penalty and a cease-and-desist order. Soil test borings, vegetative cutting for land surveys, percolation tests, cutting of trees without removal of stumps, and normal maintenance shall not be considered a "start of work" under these regulations.

1. Content of Permit Application

2. A Soil Erosion & Sedimentation Control permit application shall be obtained from the Calhoun County Road Commission Office and shall include, but not be limited to the following information:

1. Application Requirements

   1. A vicinity sketch of the site location and proximity of any proposed earth changes to lakes, streams, or both.
       

   2. A boundary line survey or legal description of the site, including an indication of all adjacent properties within 500 feet of the site boundaries.
       

   3. Name, address, and telephone number of the owner, developer applicant or other authorized agent.
       

   4. A plan of the site at scale not less than 200 feet to the inch, showing existing proposed topography at two foot contour intervals, or slope description, or as otherwise determined to be acceptable to the Director of Public Works.
       

   5. A Soil Survey Map or written description of the soils to a depth of three feet for the area contemplated for the earth change.
       

   6. Location and dimensions of storm drainage systems and natural drainage patterns on and immediately adjacent to the sites.
       

   7. A description and the location of the physical limits of each proposed earth change.
       

   8. A description and location of all exiting and proposed drainage and dewatering facilities.
       

   9. A description and location of all proposed temporary soil erosion and sedimentation control measures.
       

   10. The timing sequence of each proposed earth change, such as starting and completion dates of the development sequence and time of exposure of each area prior to the completion of effective soil erosion and sedimentation control measures.
        

   11. A description and the location of all proposed temporary soil erosion and sedimentation control measures.
        

   12. A program proposal for the continued maintenance of all permanent soil erosion controls facilities that will remain after project completion, including designation of the persons or party responsible for the maintenance. Maintenance responsibilities shall become part of any sales or exchange agreement for the land on which the permanent soil erosion control measures are located.
        

   13. A statement of the quantity of the excavation and fill involved, as well as identification of any source for imported fills.
        

   14. It maybe required that the permittee first post a bond with the Calhoun County Road Commission executed by the landowner and a corporate surety with the authority to do business in the State if Michigan. The bond shall be in a format approved by the Calhoun County Road Commission, and payable to Calhoun County Road Commission. This bond shall include the estimated cost for all temporary and permanent soil erosion control measures. This estimated cost will be determined by the Soil Erosion Agent or otherwise specified.

It is required that the bond includes provisions for penalties in the case of failure to complete work on schedule as specified by the grading permit. The permittee has the option to file with the County a cash bond or an instrument of credit, approved by the County in the amount equal to the amount required for the surety bond. Every bond, instrument of credit, and payment shall be established on the condition that the permittee shall comply with all of the provisions under the County policy, and those provisions under the grading permit. The permittee shall complete all work within the timetable set by grading permit. In the case that no timetable has been established, it is a requirement that all work be completed within thirty (30) days of issuance of the soil erosion permit.

2. Fee Schedule

At the time of application, payment of the total estimated fee will be required before the actual plan review will commence. Should the project be canceled within 30 days of application and a permit has not been issued, the fee will be refunded upon written request to the Soil Erosion and Sedimentation Control Agency, if a site inspection has not taken place. Fees are based on acreage disturbed and the acreage shall be rounded up to the nearest acre. Fees will be set forth on Exhibit "A" to this ordinance and may be changed from time to time by resolution of the Calhoun County Board of Commissioners.

VII. REVIEW OF EROSION CONTROL PLAN/PERMIT ISSUANCE

1. The enforcing agent shall, within 30 calendar days of receipt of the completed application, review the application and erosion and sedimentation control plan to determine whether the requirements of this ordinance have been met. A meeting may take place between developer, engineer, contractor and enforcing agent if necessary.

3. Following an inspection of the subject property, the enforcing agent shall determine whether the requirements are met by the erosion and sedimentation control plan. If complete, the enforcing agent shall approve the plan, write-up permit restrictions, informs the applicant by first class mail and issue a Soil Erosion and Sedimentation Control Permit.

2. If conditions are not met the enforcing agent shall inform the applicant in writing by certified mail and either require additional information or disapprove the plan.
    

3. Soil Erosion and Sedimentation Control permits and waivers issued in accordance with this ordinance do not relieve the owner of responsibility of obtaining all other necessary permits or approvals from federal, state and/or county agencies. If requirements vary, the most stringent requirements shall be followed.
    

4. If the services of an engineer are necessary during plan review, project construction or project completion, the permittee shall be responsible for any associated costs incurred by the engineer.

VIII. PERMITS

1. Work to be done under authority of a Soil Erosion and Sedimentation Control Permit shall be completed in accordance with the plans and specifications submitted and approved and are subject to special restrictions, limitations and instructions.
    

2. The Soil Erosion and Sedimentation Control Permit does not convey property rights in either real estate or material, nor does it authorize any injury to private property or invasion of public or private rights, nor does it waive the necessity of seeking federal assent, all local permits, or complying with other applicable state statues.
    

3. The Soil Erosion and Sedimentation Control Permit shall be kept at the site of the earth change and available for inspections at all times during the duration of the project or until its date of expiration.
    

4. The Soil Erosion and Sedimentation Control Permit does not prejudice or limit the right of a landowner to institute legal proceedings when necessary to protect their rights.
    

5. The Soil Erosion and Sedimentation Control Permit does not relieve owner of responsibility for securing any other permits required by Federal or State law and local ordinances.
    

6. Permit Conditions - All soil erosion and sedimentation control permits shall require the permittee to:

   1. Install all erosion control measures as identified in the approved erosion and sedimentation control plan upon or before commencement of earth change activity and any additional permit restrictions.
       

   2. Maintain all storm water drainage systems, erosion and sedimentation control measures and other facilities identified in the erosion and sedimentation control plan until the project has been completed and stabilized.
       

   3. Assume responsibility for the prompt removal of any soil, debris or other materials washed, spilled, tracked, dumped or otherwise deposited onto public streets or other public thoroughfares as an incident to the land disturbing activity or during transit to and from the project site where in the opinion of the enforcing agent, such deposition constitutes a public nuisance or hazard.
       

   4. Assume responsibility in working with the enforcing agent through on-site meetings when necessary to keep the project site in compliance with Part 91 and this ordinance.
       

   5. To insure that the responsibility for the maintenance of soil erosion control measures shall be included in any transactions, trades or sale of lands with full or partial soil erosion control measures. Temporary and permanent soil erosion control measures are the responsibility of the permittee and all subsequent owners.
       

7. Inspections - The enforcing agent may enter the site of an earth change to obtain information for review of the erosion and sedimentation control plan and to conduct inspections during and after the earth change. The enforcing agent may enter at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions or practices that may be in violation of Part 91, or this ordinance.

   1. An initial inspection shall be done prior to the issuance of a permit.

   2. Verification of the soil erosion and sedimentation control plan shall be performed at that time. Soil type, size of the project, relationship to a watercourse, and the topography of the land shall be determining factors. A site that rates higher in soil erosion potential will require a more thorough review. The developer shall expect higher erosion and sedimentation control costs on these types of sites.

2. To ensure compliance with the erosion and sedimentation control plan and permit, the enforcing agency shall inspect sites at any time during construction. The enforcing agency may conduct fewer inspections if, in the opinion of the enforcing agent, the conditions of this ordinance and the soil erosion and sedimentation control permit are being met.

8. Permit Expiration - Extensions

   1. Expiration - Any site work conducted after permit expiration will be considered a violation and the enforcing agent shall issue a cease-and-desist order and/or monetary penalties.
       

   2. Extensions

      1. If additional time is needed, applicant shall apply for an extension at least ten (10) days prior to permit expiration date.
          

      2. Updated construction schedule needs to be specific.
          

      3. Extension fee shall be based on extended completion date (see Exhibit "A").
          

      4. An extension is allowed only when the project has not changed in size or scope. Extensions are for the sole purpose of final seeding and stabilization of the site when due to delays or weather, the project could not be completed by the permit expiration date.
          

      5. Only one permit extension will be granted for a maximum length of 6 months. If project is not completed after extension expiration, a new Soil Erosion and Sedimentation Control permit application must be submitted to complete work, unless otherwise approved by the enforcing agent.
          

   3. Permit / Project Cancellation

   4. If, for any reason, the owner cancels a project the following conditions apply:

1. If a Soil Erosion and Sedimentation Control permit has not been issued and the application has not been processed all application fees shall be returned in full.
    

2. If a Soil Erosion and Sedimentation Control permit has not been issued, but the application has been processed a refund of 50% of the application fees shall be returned.
    

3. If a Soil Erosion and Sedimentation Control permit has been issued, the permit shall be canceled with no refund of application fees.

9. Site Plan & Soil Erosion Plan Revisions

9. If at any time after the Soil Erosion and Sedimentation Control Permit has been issued site plans and/or soil erosion plans are revised by the permittee or the perimeter’s engineer all revised plans shall be submitted to the enforcing agent for review. If the permittee fails to notify the enforcing agent of plan revisions and the resulting revisions cause soil erosion or potential for erosion, a cease-and-desist order shall be issued.

IX. STANDARDS AND SPECIFICATIONS FOR EROSION CONTROL MEASURES

1. General Principles - The following principles apply to all land disturbing activities within Calhoun County and should be used in the preparation of submissions required under this ordinance:

   1. To minimize the potential for soil erosion, development should fit the topography and soils of the site. Areas with steep slopes where deep cuts and fills may be required should be avoided wherever possible and natural contours should be followed as closely as possible.
       

   2. A person shall complete permanent soil erosion control measures for all slopes, channels, ditches or any disturbed land area within 5 calendar days after final grading or the final earth change has been completed. If it is not possible to permanently stabilize a disturbed area after an earth change has been completed or if significant earth change activity ceases, then a person shall maintain temporary soil erosion and sedimentation control measures until permanent soil erosion control measures are in place and the area is stabilized.
       

   3. Natural vegetation should be retained and protected wherever possible. Tree removal should be kept to a minimum wherever possible as they provide root/soil stability. Areas immediately adjacent to streams and lakes also should be left undisturbed wherever possible.
       

   4. All activities on a site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time during development.
       

   5. Sediment basins, silt traps and filters shall be designed to remove sediment from storm water before the storm water leaves the site of the earth change activity.
       

   6. Provisions should be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development. Basins, swale areas and mixed use of pavement/grass areas shall be used to provide storage for excess storm water that may otherwise cause channel scouring and increased flooding due to resultant velocities.
       

   7. Wintertime construction, defined as that occurring after October 15 and through March 31, or those sites determined to be environmentally sensitive as defined herein, will require additional controls, which include:

      1. Use of appropriately selected and designed SESC measures for graded ditches may need to be used at very specific areas of concentrated flow.
          

      2. Inspections and repairs of controls immediately following a freeze/thaw period.
          

      3. Immediate stabilization including mulch, as areas are uncovered.
          

      4. More specific timetable for construction and maintenance activities planned for inclement weather.

X. EROSION AND SEDIMENT CONTROL REQUIREMENTS

1. Prior to construction - To minimize the potential for soil erosion, development shall compliment the topography and soils of the site. Earth changes shall be conducted in a manner consistent with the standards in Section IX of this ordinance. Silt fence shall be installed and trenched in a minimum of six inches below the soil surface prior to commencement of site work.
    

2. Phasing of site work - All earth changes shall be designed, constructed and completed in a manner which will limit the exposed area of disturbed land for the shortest possible period of time as determined by the county enforcing agent. This may require large sites with high erosion potential to be constructed in phases.
    

3. Sediment control - Sediment caused by accelerated soil erosion shall be removed from runoff water before it leaves the site of the earth change. All temporary and permanent erosion control measures designed and constructed for the conveyance of water around, through and from the earth change limit the water flow to a non-erosive velocity.
    

4. Sediment basins/storm water ponds - All temporary and permanent storm water collection areas shall be one of the first items of construction. These facilities, including all temporary sediment basins and storm water retention/detention areas, must be stabilized before allowing any storm water to be discharged into them. The collection and filtering of all storm water runoff from the site of the earth change is dependent upon these facilities being constructed and stabilized properly.
    

5. Dewatering - Water discharged from a pump or sediment basin shall not be discharged in a manner that causes erosion off-site or in the receiving channel or allows sediment to be discharged off-site or into the receiving channel.
    

6. Soil Stockpiling - Soil stockpiled on-site shall be placed a significant distance from all bodies of water and shall be protected with silt fence and grass seeding to prevent erosion of stockpiles. Any soil stockpiles left on-site more than 2 months shall be seeded with a grass seeding. On sandy sites, a sprinkling system shall be set up to water stockpiles to prevent wind erosion.
    

7. Tracking - Soil being tracked from a site onto public or private roadways shall be minimized. Installation of an access drive with rock or crushed concrete shall be used to limit tracking. If sedimentation occurs due to tracking from the site, the sediment shall be collected and removed in a manner consistent with the intent of this ordinance. Daily street sweeping shall be performed as part of soil erosion and sedimentation control maintenance.
    

8. Drain inlet protection - All storm drain inlets shall be protected against sedimentation through the use of silt sacks, filter fabric, or methods meeting the standards and specifications in Section IX of this ordinance.
    

9. Site erosion control - Runoff passing through a site from adjacent areas shall be diverted from or around disturbed areas. Where it is part of an approved plan, one or more sediment basins shall be constructed. Field modifications of the existing erosion and sedimentation control plan may be made only following written permission from the county enforcing agent. Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within five calendar days after final grading or the final earth change has been completed.

XI. MAINTENANCE OF SOIL EROSION CONTROL MEASURES

1. During the period between initial groundbreaking or site preparation and the stabilization of the soil surface resulting from final grading, all sediment basins and other soil erosion and sedimentation control measures shall be maintained by the contractor or landowner.
    

2. Maintenance responsibilities shall become a part of any sales or exchange agreement for the land on which temporary and permanent soil erosion and sedimentation control measures are located.

XII. ENFORCEMENT

1. All earth changes in Calhoun County; including earth changes exempt from permit requirements are subject to the enforcement provisions and penalties of this ordinance.
    

2. The county enforcing agent shall have the authority to issue a cease-and-desist order and shall revoke a permit upon its finding that there is a violation of Part 91, of this ordinance, or where there is a violation of any permit restrictions.

   1. The county enforcing agent shall issue a cease-and-desist order if

      1. Any disturbance regulated under this ordinance is being conducted without a Soil Erosion and Sedimentation Control Permit.

         1. First offense - $750.00 fine to be paid by Landowner.
             

         2. Second offense - $1,500.00 fine to be paid by Landowner
             

         3. Third offense - $2,500.00 fine to be paid by Landowner.
             

      2. The erosion control plan is not being implemented.
          

      3. Conditions of the permit are not being met.
          

      4. Please be advised that if you start work without a permit that you will be charged double the permit fee.
          

   2. A cease-and-desist order may be rescinded if, in the opinion of the enforcing agent, the deficiencies have been corrected in a sufficient and timely manner.
       

   3. After posting the cease-and-desist order, the enforcing agent shall issue a notice of violation outlining the violations to the violator and stating that, five days after issuing the notice of violation, if deficiencies have not been corrected, the enforcing agent will use the surety bond or bank letter of credit to perform work necessary to provide compliance with this ordinance not to exceed $10,000.00 or issue a municipal civil infraction. The notice of violation shall contain a description of specific control measures that would bring the site into compliance.
       

   4. Any violation of the provisions of this ordinance shall be subject to a municipal civil infraction of not more than $2,500.00. Each act of violation and each day a violation exists shall constitute a separate offense.
       

   5. Any violation of the provisions of this ordinance shall include legal fees if applicable in addition to any fines. All fees collected will be placed in the Calhoun County general fund.
       

   6. In addition to any other remedy provided in this ordinance or under the laws of the State of Michigan, a person who owns land and is not in compliance with the terms of this ordinance and who knowingly violates, after a notice and refuses to implement and maintain soil erosion and sedimentation control measures in conformance with this part is responsible for a municipal civil infraction and may be ordered to pay a civil fine of a minimum of $2,500.00 or not to exceed more than $25,000.00 for each day of violation. Any Calhoun County Sheriffs Department, the Calhoun County Road Commission Permit Agent, are authorized to issue and serve a municipal civil infraction citation under this ordinance if he or she has reason to believe that a person has committed a municipal civil infraction violation of this ordinance.
       

   7. The enforcing agent shall notify the Michigan Department of Environmental Quality of all violations of this ordinance, including violations attributable to a land use by an authorized public agency.

VIII. DEFINITIONS

The following terms and phrases shall have the meaning given herein, unless the context otherwise requires:

Accelerated Soil Erosion - The increased movement of soils, via the process of soil erosion, that occurs as a result of human activities and development.

Administering Authority - The designated unit of government given the authority to issue soil erosion control permits.

Agricultural Practices - All land farming operations except the plowing or tilling of land for the purpose of crop production or the harvesting of crops, e.g., diversion ditches, irrigation systems, surface and subsurface drainage facilities, ponds, animal waste facilities, construction of agricultural related buildings, land recon touring, roads. Applicant - A person applying for a permit pursuant to the provisions of this Ordinance.

Authorized Public Agency (APA) - A state agency or an agency of a local unit of government authorized under Part 91 section 9110 to implement soil erosion and sedimentation control procedures with regard to earth changes undertaken by it.

Best Management Practice (BMP) - A structural, vegetative or managerial practice used to treat, prevent or reduce water pollution.

Cease-and-Desist Order - A notice issued by the Soil Erosion Control Agency to a permittee to require the permittee to cease earth change activities and remedy improper practices.

Certificate of Completion - Upon satisfactory execution of all proposed earth change plans, and other requirements imposed under this Ordinance, the Permittee shall file a written notice of completion with the Soil Erosion Agent Control Agent. The Erosion Control Agent shall make a final inspection within thirty (30) days of receiving the notice of completion and shall issue a certificate or letter of completion and release of bond if the Permittee has satisfactorily executed all proposed earth change plans and other requirements. If the project is to be completed in different phases, the Soil Erosion Control Agent may issue separate certificates of completion and authorize a proportionate release of a cash bond for each completed phase of the project.

Channel - The portion of a natural stream which conveys normal flows of water or a ditch or channel excavated for the flow of water or which forms a connecting link between two or more bodies of water.

Clearing - The removal of trees, brush, shrubs, roots or other vegetation on or below the ground surface, which may or may not include tree stumps.

County Enforcing Agency (CEA) - An agency designated by the Calhoun County Board of Commissioners pursuant to Part 91 to be responsible for the administration and enforcement of Part 91 and this ordinance.

Detention Basin - A structure or facility, natural or artificial, which stores storm water on a short-term basis and releases it at a controlled rate. A detention basin may drain completely after a storm event or it may be a body of water with a fixed minimum and maximum water elevation between runoff events. A detention basin may also function as a sediment basin during construction activities.

Discharge - The rate of flow of water passing a given point and time, measured in cubic feet per second (cfs).

Diversion - An erosion control measure consisting of a dike, ditch or a combination of both that is used to intercept and redirect surface runoff.

Earth Change - A human-made change in the natural cover or topography of land including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the water's of the state. Earth change does not include the practice of plowing and till soil for the purpose of crop production.

Enforcing Agent - A person designated by the administering authority to carry out Part 91 and the provisions of this ordinance.

Environmentally Sensitive Sites - A site with one or more of the following characteristics:

1. Sites with heavy clay or clay/silt soils.
    

2. Sites where an earth change will take place on slopes greater than 20% (5 ft. horizontal to 1 ft. vertical).
    

3. Sites, which may cause sedimentation onto adjacent lands if changes occur.
    

4. Sites located within 100 ft. of protected wetland or a watercourse.
    

5. Other sites identified by local units of government as having a high potential for environmental degradation and flooding as a result of soil erosion or storm water runoff, on-site or off-site.

Erosion - The process by which the ground surface is worn and carried away by the action of wind, water, gravity or a combination thereof.

Existing Grade - The vertical location of the existing ground surface prior to excavation or filling.

Grading - Any stripping, scarifying, clearing, grubbing, stumping, excavating, filling, leveling, stockpiling or any combination thereof, including the land in its excavated or filled condition.

Impervious Surface - A surface, such as a paved or gravel driveway, roofs, parking areas or roads that prevents the infiltration of water into the soil.

Lake - The Great Lakes, and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to or greater than one acre. "Lake" does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.

Local Ordinance - An ordinance created by a local unit of government under Part 91 providing for soil erosion and sedimentation control.

Minor Earth Change - Earth changes of a minor nature that will not result in sedimentation of a lake, stream, drainage system or adjacent property, where the disturbed earth surface is stabilized within one day of the initial earth disturbance. If an earth change activity is considered minor, a permit is not required.

Non-erosive Velocity - A speed of water movement measured in feet per second that is not conducive to the development of accelerated soil erosion; the value will vary with the topography, surface cover and drainage system configuration.

One Hundred Year Floodplain - An area which would be inundated by storm runoff flood water equivalent to that which would occur with a one hundred year flood.

Ordinary High Water Mark - The line between upland and bottom land which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. On an inland lake which has a level established by law, it means the high established level.

Part 91 - Part 91, Soil Erosion and Sedimentation Control of the Natural Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended.

Permanent Erosion and Sediment Control Measures - Control measures, which are installed or constructed to control, soil erosion or off-site sedimentation, which are left permanently in place and maintained after project completion.

Permittee - The landowner whose property the earth change is being conducted on.

Phasing - Constructing an earth change in a manner that limits the exposed area of disturbed land for the shortest possible period of time.

Protected Wetland - A wetland, which meets one or more of the following criteria:

1. A wetland, which is within 500 feet of a lake or stream.
    

2. A wetland, which is five or more acres in size.
    

3. A wetland subject to regulation by a township, village, city, county, state or federal government.

Groundwater Retention Basin - A storm water holding area, either natural or human made, which does not have an outlet other than an emergency overflow spillway. A retention basin may also function as a sediment basin.

Sediment - Mineral or organic solid particulate matter that has been removed from its point of origin by the processes of soil erosion, including but not limited to particles that have been deposited, are in suspension or are being transported as a result of soil erosion.

Stabilization - The proper placement, grading and/or covering of soil or land surface to insure resistance to soil erosion, sliding or other earth movement.

Stream - A river, creek or other similar water body which may or may not be serving as a drain and which has definite banks, a bed and visible evidence of a continued flow or continued occurrence of water.

Vegetative Cover - Grasses, shrubs, trees and other vegetation that provide a sufficient subsurface root mat system and coverage of soil surfaces to hold and stabilize soils.

Watercourse - Any natural or man made waterway, drainage way, canal, creek, river, stream, ditch, gully, swale, or ravine having banks, a bed and a definite direction of course, which contains either a continuous or intermittent flow of water.

Watershed - The area of land and water that drains snow melt and rain water to a lower, single exit point (receiving body) such as a lake or large river.

Wetland - Land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp or marsh. A wetland will contain predominance, not just an occurrence, of wetland vegetation, aquatic life, or hydric soil.

Wetland Vegetation - Plants, including but not limited to trees, shrubs and herbaceous plants that exhibit adaptations to allow under normal conditions germination or propagation or growth with at least their root systems in water or saturated hydric soil.

XIV. REPEAL OF PRIOR ORDINANCES

The County of Calhoun Soil Erosion and Sedimentation Control Resolution (dated January 1, 1982) is hereby repealed, effective as of the effective date of this ordinance. Any other ordinances or substantive provisions of any other ordinance which conflict with this ordinance are hereby repealed.