Health Department, Soil Erosion and Sedimentation Control (Part 91 of NREPA), and Conservation District Assurances Required with Critical Dune Area Permit Applications. 

Section 35313(a-c) of the Sand Dune Protection and Management Act requires all applications for permits for the use of a CDA include in writing:

"(a) That the county enforcing agency designated pursuant to part 91 finds that the project is in compliance with part 91 and any applicable soil erosion and sedimentation control ordinance that is in effect in the local unit of government.

(b) That a proposed sewage treatment or disposal system on the site has been approved by the county health department or the department.

(c)  Assurances that the cutting and removing of trees and other vegetation will be performed according to the instructions or plans of the local soil conservation district.  These instructions or plans may include all applicable silvicultural practices as described in the "voluntary forestry management guidelines for Michigan" prepared by the society of American foresters in 1987.  The instructions or plans may include a program to provide mitigation for the removal of trees or vegetation by providing assurances that the applicant will plant on the site more trees and other vegetation than were removed by the proposed use."

The Land and Water Management Division (LWMD) will be adhering to these requirements by requiring permit applicants to:

• Submit a soil erosion and sedimentation control permit or provide written assurances that the construction plans either meet Part 91 requirements and a permit will be issued once the CDA permit is issued or that a Part 91 permit is not necessary.  Contact information for Part 91 staff can be obtained at: http://www.deq.state.mi.us/sesca/
• Submit a copy of the health department permit or provide other written assurances from the health department indicating that they have reviewed plans for the proposed construction project and will be able to issue a permit subsequent to issuance of the DEQ permit.
• In counties where the local conservation district has developed vegetation instructions or plans (listed below), submit written assurance from the local soil conservation district staff.  The LWMD will not require any documentation in these regards in area where the conservation district has not developed vegetation management plans or instructions.  Contact information for local conservation districts is available at:  http://www.michigan.gov/mda/0,1607,7-125-1567_1599_34597-71600--,00.html

DEQ permit applications that do not include the appropriate assurances will be considered administratively incomplete and not be processed until this information is received.