 Grassy meadow, shrubbery field, mature forest. |
June 2002
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New Septic System Regulations for Leelanau County
By Garth Greenan, P.E.
The parcels of land that will be affected by the new rules are sites
that are unable to connect to a municipal sewer system or where the existing
site conditions will not allow for a conventional septic system. Sites
that can't support conventional septic systems are typically in rural
locations with high groundwater or poorly drained soils. In the past,
holding tanks that require pumping on a regular basis have serviced homes
in these locations. Due to the reduced facilities available to discharge
the septage, the costs of pumping have escalated over the years.
Alternative systems will often be used in locations where there is shallow
groundwater, near wetlands or lakes where an existing system may not function
properly. The County Health Department requires the owner of these systems
to meet certain discharge standards under the rules. Further, the owner
is required to comply with specific maintenance, monitoring, and inspection
programs. It will be the responsibility of the owner to promptly repair
or replace the system if it fails to substantially meet the performance
standards.
The standards for the sewage effluent include requirements for biological
oxygen demand, total suspended solids, total inorganic nitrogen, and if
within 500 feet of a body of water, more stringent total inorganic nitrogen
and total phosphorous.
The new rules now put a larger demand on owners and developers, and further
require that a professional engineer oversee the applicability of the
site condition, the system installation and its monitoring. With a performance-based
system, there must be active involvement to prevent costly remedial system
repair or replacement. Alternative systems should be selected carefully
to minimize operational difficulties. The owners choice of an alternative
system should be based on a combination of costs, ease of operation, and
reliability. EC&S is currently overseeing the permitting and installation
of several alternative treatment systems. 
Leelanau
County has adopted new rules for septic systems that will have a major
impact on home and business owners in the county. The County now requires
the use of an alternative treatment system in sensitive environmental
areas where typical septic discharge may be harmful to the environment.
The new rules will affect areas that are unable to be serviced by the
traditional rural septic system using a septic tank and drain field. Where
as, if a site meets acceptable criteria for the installation of a treatment
system then they are to be used in place of the use of holding tanks.
The question of which property is impacted by these rules is an important
one for Leelanau County, and to landowners in Grand Traverse and Benzie
County, where future requirements may mirror those in Leelanau.
New "Minor Activities Permit in
Wetlands" proposed
By Ben Komrska, P.G.
Great Lakes area Wetlands
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The
Michigan Department of Environmental Quality (MDEQ) is proposing to issue
a new general permit entitled, "Minor Activities in Wetlands in the State
of Michigan" that can be processed and authorized using expedited procedures.
This permit will replace the existing general permit categories that expire
on June 18, 2002. This permit is now used for proposed "minor" activities
in wetlands that will cause minimal adverse environmental effects. Some
of the activities incorporated into this list of general permit categories
include small ponds, simple elevated or floating structures, walkways, driveways/access
roads, and utilities through wetlands.
Activities authorized under this new permit do not require an individual public notice, are subject to lower application fees, and are generally not subject to mitigation requirements. The new general permit categories have modifications to clarify the circumstances under which this permit can be used, and to improve consistency with other administrative rules. New language is also added to clarify that the activities ensure the use is consistent with all of the listed criteria; therefore, these permits can be processed expeditiously.
Survey Information
Submerged Lands Management Act
By Garth Greenan, P.E.
All
construction activities within the Great Lakes are regulated by the Submerged
Lands Management Act. A Unit in the Michigan Department of Environmental
Quality (MDEQ) administers the act, and they are responsible to minimize
adverse environmental and public trust impacts. If private use of the
public trust bottomlands is desired, an application to the MDEQ is required.
Although not everyone is familiar with this act, commercial marinas, ore
docks, and public marinas fall within this jurisdiction, both for use
of the bottomlands and for operations. Commercial marinas can document
slip and mooring areas obtained under this act, and a physical definition
of those boundaries can be identified and located by a Professional Surveyor.
This can provide the marina operator with the information necessary to
design the location of moorings and ensure that customers have sufficient
space.
Industry
News
What
are Wetlands?
By Ben
Komrska, P.G.
Grassy meadow, shrubbery field, mature forest. |
"Wetlands"
is the generic term used to refer to marshes, swamps, bogs and similar
areas. Nearly all areas in the United States, regardless of climate, contain
wetlands. Wetlands are considered the transitional areas where the land
and water meet. They act as a filter to remove contaminants introduced
to the land from surface runoff; they regulate water levels within watersheds
and provide valuable wildlife habitat.
Michigan's statute, Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, defines a wetland as a "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."
Most people are familiar with the cattail or lily pad wetland found in areas with standing water, but wetlands can also be grassy meadows, shrubbery fields, or mature forests.
Whether water is slightly above or below the surface of the land, the single controlling feature that makes the difference when identifying whether or not an area is a wetland is the presence of water.
Land does not have to be wet all of the time in order to be defined as a wetland. In some cases, it will not be immediately obvious that a wetland exists. The presence of water will however cause a number of physical, chemical and biological characteristics to develop. These characteristics are used to identify and locate wetlands.
Because wetlands are identified according to the site-specific development of physical and biological conditions, an on-site inspection is always necessary to determine, with certainty, whether wetlands are present.
IS A "WETLAND PERMIT" NECESSARY?
A permit from the State or, if applicable, the US Army Corps of Engineers may be necessary depending upon the property location and specific use. Completing a wetland assessment is the initial step when reviewing a parcel of property to determine if the parcel contains wetlands and whether development on the property would require a permit. This is done by examining the site's plants, soils, and hydrology for wetland characteristics.
If the assessment concludes that wetlands are present at the site then it is necessary to investigate whether the wetland is under the State or US Army Corps jurisdiction, as this will decide if a permit from the Corps is necessary. Jurisdictional wetlands include:
• Wetlands contiguous (within 500 feet) of an inland lake or stream.
• Wetlands hydrologically connected to other jurisdictional wetlands.
• Wetlands that are greater than 5 acres in size.
• Wetland contiguous or within 1000 feet of the Great Lakes
If it is concluded that the property contains jurisdictional wetlands then a permit from the State of Michigan and the US Army Corps of Engineers is likely necessary. Occasionally, local governments may also have ordinances or permit requirements governing wetlands.
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