DEPARTMENT OF ENVIRONMENTAL QUALITY  
WATER RESOURCES DIVISION  
INLAND LAKES AND STREAMS  
(By authority conferred on the director of the department of environmental quality by  
section 30110 of Act 1994 PA 451, MCL 324.30110.)  
R 281.811 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Act" means Act No. 451 of the Public Acts of 1994, as amended, being S324.101 et  
seq. of the Michigan Compiled Laws.  
(b) "Applicant" means a person applying for a permit under the act.  
(c) "Bottomland dredging" means dredging of channels and canals and the removal of any  
rock, stone, soil, or other material from bottomlands.  
(d) "Bottomland filling" means the placement of rock, stone, soil, or other material on  
bottomlands.  
(e) "Placement of structures on bottomlands" does not mean the installation of clear span  
overhead utility wires if they do not restrict navigation for watercraft that typically ply the  
waterway and if they provide equal or greater clearance than other permanent overhead  
restrictions in the immediate area or utility lines installed as an integral part of a bridge  
superstructure and above the elevation of the low beam or utility lines immediately above  
the top of a culvert.  
(f) "Public trust" means all of the following:  
(i) The paramount right of the public to navigate and fish in all inland lakes and streams  
that are navigable.  
(ii) The perpetual duty of the state to preserve and protect the public's right to navigate  
and fish in all inland lakes and streams that are navigable.  
(iii) The paramount concern of the public and the protection of the air, water, and other  
natural resources of this state against pollution, impairment, and destruction.  
(iv) The duty of the state to protect the air, water, and other natural resources of this state  
against pollution, impairment, or destruction.  
(g) "Reasonable sanding of beaches to the existing water's edge" means placing a layer of  
sand which is free of organic or other pollutant materials and which does not shift the  
location of the existing ordinary high watermark or shoreline contour.  
(2) "Riparian rights," as defined in the act, means all the rights accruing to the owners of  
riparian property, including the following rights, subject to the public trust:  
(a) Access to the navigable waters.  
(b) Dockage to boatable waters, known as wharfage.  
(c) Use of water for general purposes, such as bathing and domestic use.  
(d) Title to natural accretions.  
(3) Terms defined in the act have the same meanings when used in these rules.  
History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS; 2015 AACS.  
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R 281.812 Permit applications.  
Rule 2. (1) An application for permit shall be made on a form as prescribed and provided  
by the department. Application forms may be obtained from the land resource programs  
division of the department of natural resources or from any designated field office of the  
department.  
(2) An application for a permit shall not be deemed as received or filed with the  
department until all information requested on the application form, the application fee, and  
any other information requested by the department have been received by the department.  
For purposes of determining when the period for granting or denying a permit begins, an  
application shall not be deemed to be filed with the department until all information  
requested by the department has been received.  
(3) Application fees shall be submitted to the department with the initial submittal of an  
application form. The fee shall be paid by check, money order, or draft made payable to:  
"State of Michigan."  
(4) After receipt of an otherwise complete application, the department may request such  
additional information, environmental assessments, waterway design calculations, records,  
or documents as are determined to be necessary to make a decision to grant or deny a  
permit.  
(5) 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.  
(6) An application for a permit to construct or replace a bridge or culvert shall include  
complete plans and specifications describing the proposed work.  
(7) When the proposed project includes activities at multiple locations or numerous lakes  
or streams, the applicant may submit a preliminary site plan showing the proposed work  
and all lakes or streams involved. After completing a timely field investigation, the  
department shall advise the applicant of those activities which require a permit.  
(8) An application to construct a new marina or expand the watercraft handling capacity  
of an existing marina shall include documentation as to how the facility will provide  
watercraft sanitary holding tank pumpout services as required under section 5 of Act No.  
167 of the Public Acts of 1970, as amended, being S323.335 et seq. of the Michigan  
Compiled Laws.  
History: 1979 AC; 1982 AC; 1985 AACS.  
R 281.813 Permit conditions.  
Rule 3. (1) A permit shall provide that the work authorized in the permit shall be  
completed within a specified term, normally not more than 1 year from the date of issuance,  
or as otherwise determined by the department. For long- term projects, the department may  
authorize a permit for up to 5 years. The department may grant an extension of time. The  
department shall not require an administrative fee for processing requests for an extension  
of time.  
(2) The department shall ensure that a permit that authorizes a project which involves a  
lake or stream crossing by pipelines or utilities specifically conditions the activity to be  
subject to the requirements and specifications of R 281.832.  
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(3) A permit does not obviate the necessity of receiving approval from the Drinking Water  
and Radiological Protection Division of the department or a local unit of government when  
applicable, including a local unit of government responsible for administering parts 91 and  
323 of the act and the United States army corps of engineers, where applicable.  
(4) The department shall not issue a permit, except for a conditional permit or a permit  
under a minor project category, until 20 days after the mailing of the list to each eligible  
subscriber as provided for in section 30105(1) of the act.  
(5) Upon request, the department shall provide any person with a copy of a permit  
application and supporting documents under Act No. 442 of the Public Acts of 1976, as  
amended, being S15.231 et seq. of the Michigan Compiled Laws.  
(6) The department may consider a mitigation plan submitted by the applicant and  
incorporate the mitigation actions as permit conditions for the improvement of the existing  
resources or the creation of a new resource to offset resource losses resulting from the  
proposed project, if acceptable.  
(7) The department may reissue a permit for an expired permit without an additional fee  
if a written request is made within 1 year of the expiration date of the expired permit. The  
department must find that the basis for issuing the original permit is still valid before  
reissuing an expired permit.  
History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.  
R 281.814 Environmental assessment.  
Rule 4. In each application for a permit, all existing and potential adverse environmental  
effects shall be determined and the department shall not issue a permit unless the  
department determines both of the following:  
(a) That the adverse impacts to the public trust, riparian rights, and the environment will  
be minimal.  
(b) That a feasible and prudent alternative is not available.  
History: 1979 AC; 1998-2000 AACS.  
R 281.815 Structure maintenance.  
Rule 5. The following structures may be maintained in accordance with section 30103(j)  
of the act:  
(a) Seawalls, if the repair is only of the seawall facing or sheeting or support piling and if  
the maintenance does not encompass more than 25% of the permitted seawall length. Cap  
maintenance or replacement can be done for 100% of permitted seawalls.  
(b) Riprap shore protection structures, if original materials have been displaced by erosion  
or ice damage and the placement of earthen fill will not be required as part of the  
maintenance and if retrieval of the riprap will not cause disruption of adjacent bottomland.  
(c) Noncommercial docks, boat hoists, and pilings.  
(d) Boat ramps if the maintenance does not require dredging.  
(e) Bridges and culverts, if the maintenance is of an existing in-place structure and does  
not involve removal of the structure or alteration of the watercourse, streambed, or adjacent  
banks.  
Page 3  
(f) Dams and lake level control structures, if the maintenance will be conducted without  
drawing down the lake or impoundment and is limited to minor surface repairs; the repair  
or replacement of stop logs, racks, and gates; or surface stabilization of earthen  
embankment-type structures where the work is above the existing water surface.  
(g) Docks and pilings of a marina that has a current operating permit from the department.  
(h) Lake level control structures, if the temporary variance (winter-summer) is established  
by court order or previously permitted by the department as an impoundment operational  
variation from the crest elevation if adverse environmental impacts have not occurred.  
History: 1982 AACS; 1985 AACS; 1998-2000 AACS.  
R 281.816 Rescinded.  
History: 1982 AACS; 1985 AACS; 2012 AACS.  
R 281.817 Minor drainage structures and facilities.  
Rule 7. All of the following structures are minor drainage structures and facilities that do  
not require a permit under section 30103(f) of the act:  
(a) Cross road culverts that serve only to equalize the existing water surfaces at the ends  
of the culvert.  
(b) Cross road culverts constructed to continue the existence of drainage courses other  
than inland lake and streams.  
(c) Roadside ditches which serve to convey storm water runoff from the highway right-  
of-way and which do not serve as a stream.  
(d) Standard appurtenances, including riprap or other shore protection, for storm water  
runoff facilities, such as manholes, catch basins, headwalls, and outlets from off-line water  
retention/detention systems.  
History: 1982 AACS.  
R 281.818 Mainstream portions of natural watercourses.  
Rule 8. The following legally established drains are deemed to be mainstream portions of  
natural watercourses and are not subject to permit exemption pursuant to section 4(g) of  
the act:  
(a) Grand River basin (Jackson county). Point of beginning: The intersection of Liberty  
and Milwaukee streets in the city of Jackson. Point of ending: The west line of Rives  
township, Jackson county, 1,165 feet south of the northwest corner of section 7, T1S, R1W.  
(b) Rogue River basin (Newaygo and Kent counties).  
Point of beginning: At its intersection with the southline of section 2, T10N, R12W,  
Tyrone township, Kent county.  
Point of ending: At Ransom lake in section 12, T11N, R12W, Grant township, Newago  
county.  
(c) Shiawassee river trunk drain (Saginaw county).  
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Point of beginning: At the junction of the Shiawassee river and the Flint river in section  
9, T11N, R4E, James township, Saginaw county.  
Point of ending: At a point in mid-channel of said river in section 34, T10N, R3E, Charles  
township, Saginaw county, approximately 0.2 mile from the south line of the section.  
(d) Clinton river drain.  
(i) Macomb county  
Point of beginning: The Market street bridge in the city of Mount Clemens.  
Point of ending: The Red Run drain outlet.  
(ii) Oakland county  
Point of beginning: At the intersection with Orchard Lake road on the north line of section  
32, T3N, R10E, city of Pontiac.  
Point of ending: At the intersection with Auburn road on the east line of section 27, T3N,  
R10E, city of Pontiac.  
(e) Black river drain (Sanilac county).  
Point of beginning: At the south line of section 6, T10N, R16E, Lexington township,  
Sanilac county.  
Point of ending: At the north line of section 1, T12N, R14E, Custer township, Sanilac  
county.  
(f) Maple river drain (Gratiot and Shiawassee counties).  
Point of beginning: At Highway US-27, section 28, T9N, R2W, Washington township,  
Gratiot county.  
Point of ending: At its upper terminus in section 3, T6N, R3E, Shiawassee township,  
Shiawassee county.  
(g) Little Thornapple river drain (Barry and Ionia counties).  
Point of beginning: At the south line (M-43) of section 13, T4N, R8W, Carlton township,  
Barry county.  
Point of ending: At the outlet from Tupper lake where the outlet enters Jordan lake in  
section 34, T5N, R7W, Odessa township, Ionia county.  
(h) Kawkawlin river drain (Bay county).  
Point of beginning: Mouth of river on Saginaw bay, in section 33, T15N, R5E, Bangor  
township, Bay county.  
Point of ending: At the intersection with Euclid avenue on the west side of section 5,  
R14N, R5E, Bangor township, Bay county.  
(i) St. Joseph river drain (Hillsdale county).  
Point of beginning: At the intersection of the line between sections 8 and 9, T8S, R4W,  
Camden township, Hillsdale county.  
Point of ending: At a point 715 feet southeast of the line between sections 25 and 26, T8S,  
R4W, Camden township, Hillsdale county.  
(j) East Branch of St. Joseph river drain (Hillsdale county).  
Point of beginning: At the intersection of the line between sections 33 and 34, T7S, R1W,  
Pittsford township, Hillsdale county.  
Point of ending: At the intersection with the state line.  
(k) Pigeon river drain (Huron county).  
Point of beginning: At the mouth of the Pigeon River on Saginaw bay in the village of  
Caseville, including the mouth of the Pigeon river cut-off drain.  
Page 5  
Point of ending: At a point 3/4 of a mile south of Kinde road in section 1, T17N, R10E,  
Caseville township, Huron county.  
History: 1982 AACS.  
R 281.819 Rescinded.  
History: 1982 AACS; 1985 AACS; 2010 AACS.  
BRIDGE CONSTRUCTION  
R 281.821 Conditional permits.  
Rule 11. (1) The department may issue a conditional permit when emergency conditions  
warrant a project to protect property or the public health, safety, or welfare.  
(2) Conditional permits shall be issued only under emergency conditions. Upon a  
determination by the department that a project would be in the best interest of both the  
applicant and the public, the department may declare an emergency condition to exist and  
issue a conditional permit. Physical and economic factors shall be considered in  
determining whether an emergency condition exists.  
(3) Bridge or culvert repairs or replacements may be made under emergency conditions  
upon submitting an application and receiving a conditional permit. A written report which  
includes details of the needed emergency repairs shall accompany the application. The  
department shall give such applications timely response.  
History: 1979 AC; 1982 AACS.  
R 281.822 Rescinded.  
History: 1979 AC; 1982 AACS.  
R 281.823 Bridge construction procedures.  
Rule 13. (1) Each construction project shall be completed so as to prevent erosion and  
subsequent damaging siltation of streams or lakes. The area of erodible land exposed to the  
elements by the grading operations at any one time shall be controlled by the owner's  
engineer and the duration of such exposure before final trimming, finishing, or  
maintenance of the area shall be as short as practicable.  
(2) Gravel or stone consisting of durable particles of rock and containing only negligible  
quantities of fines shall be used for construction pads, haul roads, and temporary roads in  
or across streams.  
(3) When required by the department, a sedimentation basin shall be constructed  
downstream from the work site to trap silt and sediment resulting from construction  
operations. A detailed sketch of a sedimentation basin is available on request from the  
department. The collected silt and sediment shall be removed as directed by the owner's  
Page 6  
engineer and the sedimentation basin shall be removed on completion of the project if  
directed by the department. If found necessary, the department may assist the owner in the  
design of a sedimentation basin.  
(4) The disturbance of lands and waters that are outside the limits of construction as staked  
shall be avoided.  
(5) The owner shall give written notice 5 days before the start of work.  
History: 1979 AC; 1985 AACS.  
R 281.824 Specifications; bridge and culvert projects.  
Rule 14. (1) The department of transportation standard specifications (1970 or later  
editions) listed in this rule are necessary for the protection of natural resources. These  
specifications are intended to cover all construction and related work as it affects natural  
resources found in and adjacent to work areas.  
(2) General coverage in proposal or specifications as follows:  
(a) Protection and restoration of property......Sec. 1.07.07 Std. Specs.  
(b) Forest protection...........................Sec. 1.07.13 Specs.  
(c) Control of water pollution and siltation....Sec. 1.07.14 Specs.  
(d) Borrow areas................................Sec. 2.08.01 Std. Specs.  
(e) Borrow area restoration.....................Supp. Specs.  
(f) Channel excavation..........................Sec. 2.09.05 Std. Specs.  
(3) The following are additional department of transportation standard specifications  
covering measures for prevention of erosion and siltation:  
(a) Topsoil surface.............................Sec. 6.53 Std. Specs.  
(b) Mulching....................................Sec. 6.54 Std. Specs.  
(c) Seeding.....................................Sec. 6.52 Std. Specs.  
(d) Fertilizing.................................Sec. 6.52 Std. Specs.  
(e) Riprap (plain-heavy)........................Sec. 6.01 Std. Specs.  
(f) Cobble gutter (plain-grouted)...............Sec. 6.03 Std. Specs.  
(g) Slope planting..............................Sec. 6.55 Std. Specs.  
(h) Dune grass planting.........................Sec. 6.56 Std. Specs.  
(i) Sodding.....................................Sec. 6.51 Std. Specs.  
(j) Slope protection............................Sec. 6.01 Std. Specs.  
(k) Crushed limestone surface...................Supp. Specs.  
(l) Paved ditches...............................Supp. Specs.  
(m) Rye seeding.................................Sec. 6.52 & Supp. Specs.  
(4) The state highway design office has information for the design engineer on control of  
erosion through sodding; water control by catch basins, downspouts, concrete shoulders,  
and spillways; borrow restoration, particularly adjacent to highway limits; and seeding,  
mulching, and plantings. The following standard plans are available:  
(a) Special outlet headwalls, etc.................E-4-A-9F.  
(b) Sodding, etc..................................E-4-A-10D.  
(c) Paved ditches, etc............................E-4-A-110C.  
(d) Shoulder gutter and spillway..................E-4-A-128.  
History: 1979 AC; 1982 AACS.  
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PIPELINE AND OTHER UTILITY WATER CROSSING  
R 281.831 Rescinded.  
History: 1979 AC; 1982 AACS.  
R 281.832 Pipelines and conduits generally.  
Rule 22. (1) In the planning stages for pipeline and other utility water course crossings,  
the applicant shall consider and evaluate the economic and environmental feasibility of  
using existing utility corridors for new installations. Applicants shall also consider and  
evaluate the economic and environmental feasibility of using directional drilling/boring  
technology and other available methods to conduct lake and stream crossings. Based on  
the applicant's evaluations, the applicant shall propose to use corridors and watercourse  
crossing methods that, with all factors considered, represent the least overall environmental  
impact while still allowing the project to be completed in a reasonable and cost effective  
time frame.  
(2) The use of directional drilling/boring methods to conduct lake and stream crossings  
will not be regulated by part 301 of the act if all of the following provisions are satisfied:  
(a) A minimum of 10 feet is maintained from the top of the conduit and the bottom of the  
lake or stream.  
(b) The entry and exit points are located far enough away from the lake or stream banks  
to assure that bank disturbance does not occur.  
(c) The drilling or boring sites (pits) are located outside of any applicable natural river  
designation setback requirements.  
(d) The drilling or boring operations will not result in the eruption/release of any drilling  
fluids up through the ground and into the lake or stream. If, however, the eruptions/releases  
occur below the ordinary high watermark of the water body, then an after-the-fact permit  
application shall be submitted with a detailed description of how the crossing was  
completed, how the eruption was minimized, contained, and cleaned up, and how the site  
was restored.  
(3) As part of the permit application other than as specified in subrule (2) of this rule, an  
applicant shall submit to the department 5 copies of general construction plans, including,  
but not limited to, a complete route map that identifies each lake, stream, and wetland  
crossing, soil erosion control plans, if a soil erosion and sedimentation control permit from  
the  
state is required, and an explanation, together with plans and specifications, of the methods  
to be used to complete all crossings. Before solicitation of bids and acquisition of rights-  
of-way, a permit applicant may submit an application to the department for review and  
permit issuance under part 301 of the act.  
(4) If either the department or the applicant deem it necessary, a preconstruction meeting  
shall be held in order to thoroughly acquaint all concerned parties with the measures that  
must be taken to minimize erosion and siltation and properly protect the natural resources  
in the project area.  
Page 8  
(5) A permittee shall give the department 10 days' written notice before beginning work.  
(6) A permittee shall take all necessary steps to prevent damage to fish and game habitat  
and to preserve the natural resources of the state. A permittee shall carry out excavation so  
as to minimize the discharge of damaging material into any stream, lake, or reservoir.  
(7) A permittee shall complete the work of clearing, scalping, grading, slope erosion  
protection, ditching, backfilling, and final cleanup within 50 feet of streams, lakes, and  
reservoirs within as short a period as reasonably possible, but not more than 24 hours, in  
order to minimize erosion occurring from wind and precipitation.  
(8) A permittee shall complete final site stabilization measures within 3 days of  
completing the final site grading and final site cleanup.  
(9) A permittee shall stop trench excavation on any 1 spread when 10,000 feet remain  
open, except as authorized in the permit issued by the department.  
(10) A permittee shall accomplish replacing bank plugs and grading stream banks within  
50 feet immediately after laying pipe.  
History: 1998-2000 AACS.  
R 281.833 Rescinded.  
History: 1998-2000 AACS.  
R 281.834 Sedimentation basins and cofferdams.  
Rule 24. (1) A permittee shall construct sedimentation basins or cofferdams, where  
required by permit condition, before any other work is performed at the site crossing. The  
permittee shall maintain sediment removal efficiency of sediment basins during the  
development period by regular cleaning of sediment from the basins and proper spoil  
disposal. A detail sketch of a sediment basin is available on request from the department.  
(2) A permittee shall remove temporary weirs or cofferdams, including any materials  
trapped by them in the control of siltation, within 2 weeks of final cleanup. The department  
may require the intermittent removal of silt or sand by the permittee during construction  
for proper operation of sedimentation basins. In any event, a permittee shall clean the  
sedimentation basins before removal of weirs and coffer dams.  
(3) A permittee shall construct weirs of continuous interlocking steel sheeting, except  
where the department authorizes other substitute materials. When specified by the  
department, a permittee shall furnish a detail sheet of the weir installation.  
(4) A applicant is responsible for securing the necessary approval of private land owners  
where temporary additional right-of-way or easement is necessary to construct and operate  
a settling basin. An easement is not required in locations where the crossing is made on  
state-owned lands.  
History: 1998-2000 AACS.  
R 281.835 Haul roads.  
Page 9  
Rule 25. (1) The method for crossing streams where temporary haul roads are being  
constructed shall involve technologically available clear span structures, such as bailey  
bridges or flat beds or, alternatively, haul roads shall be constructed of coarse aggregate  
with culverts or logs, or both, laid parallel to the stream. A permittee may use only course  
aggregate or metal or wood mats as a running surface on log construction. A permittee  
shall protect the side slopes with permanent riprap, as specified in R 281.837, up to a level  
2 rows above the normal water level and over the ends of the culverts.  
(2) A permittee shall ensure that permanent haul roads crossing streams, that is roads that  
are to be left in place at the request of the property owner comply with part 31 of the act.  
The property owner shall submit plans and specifications for the crossing to the department  
together with his application for a permit to construct the facilities.  
(3) A permittee shall ensure that both temporary and permanent haul roads have adequate  
top width to permit passage of all construction equipment without sloughing of side slopes.  
(4) A permittee shall ensure that culverts which are of an adequate size and length and  
which are approved by the department are utilized in the construction of both temporary  
and permanent haul roads.  
(5) The fording of streams which causes only minimal disturbance of stream banks or  
bottomland and which results in no more than momentary sedimentation or siltation is not  
regulated by this rule. Where temporary fording areas are potentially available to the  
public, such as along utility easements, a permittee shall place vehicle barriers to deter  
continuous use by the public for reasons other than the original purpose of the ford.  
History: 1998-2000 AACS.  
R 281.836 Trench excavation.  
Rule 26. (1) All pipe trenches shall be excavated to a depth which will provide a minimum  
cover of 30 inches from the bed of the stream to the top of the pipe. This minimum cover  
shall control except where special conditions at certain water crossings may warrant a  
lesser or greater depth of cover.  
(2) Appropriate trench excavation methods shall be employed to minimize material from  
the pipe trench flowing into the stream, giving due consideration to the soil, terrain, cover,  
side slopes and weather conditions involved.  
(3) The pipe trench excavation shall stop some distance from the stream to leave a  
protective plug of 10 to 20 feet of unexcavated material at each bank. The plugs shall be  
left in place until the pipe-laying operation across the stream has begun. Bypassing of water  
in the trench to the side by diversion ditches or by pumping may be required at certain  
water crossings.  
(4) The trench in the stream bed may be backfilled if the material used does not cause  
excessive siltation. Stone, coarse aggregate or washed gravel shall be used where backfill  
is required and where use of existing material will cause excessive siltation.  
(5) Pumping or draining from trench excavations shall be made on either side of the  
pipeline and not into the waters of the state. The owner shall secure the necessary approval  
of private landowners before discharging water from the trench excavation onto private  
lands.  
History: 1979 AC.  
Page 10  
R 281.837 Stream bank protection; pipeline and utility projects.  
Rule 27. (1) Following the installation of the pipeline or cable, A permittee shall  
immediately restore all work areas along or across streams or lakes and shall stabilize the  
exposed beds and banks within 7 days, except where subsequent permission is provided  
for a pumping and testing operation.  
(2) A permittee shall ensure that all disturbed stream banks have a finished slope not  
steeper than 1 vertical to 2 horizontal to prevent sloughing until stabilized by vegetative  
cover or riprap. A permittee shall ensure that the 1 on 2 slope is graded up and back to the  
high waterline. A permittee shall ensure that if the top of the natural bank is more than 3  
feet above the high waterline, a minimum 10-foot long berm is constructed at the highwater  
line and the remaining slope is constructed upward parallel with, or on a flatter slope than,  
the original natural bank.  
(3) A permittee shall ensure that all raw soil exposed above the permanent riprap  
protection line is sodded, riprapped, or seeded, fertilized, and mulched. A permittee may  
use temporary riprap (sandbags).  
(4) A permittee shall ensure that mulching, seeding, and fertilizing is done in accordance  
with natural resource conservation service standards and specific soil test analysis for  
appropriate fertilizer application rates.  
(5) A permittee shall ensure that permanent riprap is placed from the bed of the channel  
to an elevation necessary to assure bank stabilization. A permittee shall ensure that  
permanent riprap is a 5-to-1 mix of sand to cement in burlap or canvas bags or  
biodegradable sacks, fitted broken concrete, properly sized rock, or other material  
approved by the department. A permittee shall ensure that riprap is free of protruding  
reinforcing metal.  
(6) A permittee shall ensure that deflecting dikes, which are reinforced by 1 row of  
sandbags, are used to divert runoff and minimize slope erosion from steep slopes adjacent  
to water crossings where the contributing runoff could be great enough to cause slope  
erosion. A permittee shall ensure that water is diverted to undisturbed areas adjacent to the  
right-of-way.  
(7) A permittee shall ensure that deflecting dikes are placed along the top of all stream  
banks where the entire slope is not protected with riprap. A permittee shall also place  
deflecting dikes at the top of, and at 100-foot intervals or less on, slopes greater than 20%.  
History: 1979 AC; 1982 AACS; 1985 AACS.  
R 281.838 Final clean-up.  
Rule 28. Final clean-up shall consist of removing the temporary haul road across the  
stream; reshaping the stream as nearly as possible to its original configuration, width, depth  
and bottom material; protection of the stream banks as specified in R 281.837; and  
removing all construction material and debris from the crossing site, including any material  
and debris downstream from the site as a result of the pipeline construction.  
History: 1979 AC.  
Page 11  
R 281.839 Rescinded.  
History: 1979 AC; 1985 AACS; 1998-2000 AACS.  
R 281.841 Rescinded.  
History: 1979 AC; 1982 AACS; 1998-2000 AACS.  
R 281.842 Notification of pending applications.  
Rule 32. The list prepared and mailed by the department under section 6(1) of the act shall  
include permit applications received during each week. The department shall mail the list  
monthly to each subscriber. The list shall include all of the following information:  
(a) Process number.  
(b) Applicant's name and address.  
(c) Watercourse.  
(d) Location of proposal by town, range, and section.  
(e) Project description.  
History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.  
R 281.843 Hearings.  
Rule 33. (1) The department may hold a public informational hearing when a proposed  
project appears to be controversial or when additional information is desired before action  
by the department.  
(2) All other hearings shall be conducted under section 30110(2) of the act.  
(3) All persons who receive notification under section 30105(1) of the act shall receive  
not less than 10 days' prior notification of any hearings held under the act.  
(4) An aggrieved person requesting a formal hearing under section 30110(2) of the act  
shall request the hearing within 60 days of the department's decision on an application.  
History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.  
R 281.844 Notification and inspection of completed project.  
Rule 34. An applicant shall notify the land and water management division of the  
department within 10 days of completion of a project to facilitate scheduling a final  
inspection. An applicant need not notify the land and water management division of a  
minor project unless required as a permit condition.  
History: 1979 AC; 1982 AACS; 1998-2000 AACS.  
R 281.845 Special conditions.  
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Rule 35. Whenever vertically upward bottomland displacement, also called surcharge,  
results from filling or other activity immediately adjacent to the displacement area by the  
applicant, he shall be responsible for its timely removal at the direction of the department.  
History: 1979 AC.  
R 281.846 Rescission.  
Rule 36. The rules of the department entitled "Inland Lakes and Streams" being R 281.801  
to R 281.810 of the Michigan Administrative Code and appearing on pages 4120 to 4122  
of the 1967 Annual Supplement to the Code, are rescinded.  
History: 1979 AC.  
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