Note: The Soil Erosion Permit Application has been updated.
The Soil Erosion and Sedimentation Control Program is essential for maintaining a healthy environment within the Walker Community. The Engineering Department is responsible for the program that monitors earth movement in areas over one acre in size and/or areas that are within 500 feet of a lake or stream. The owner of the property or the owner's authorized agent must obtain a Soil Erosion Permit for the site in which the earth change will occur. A permit must be obtained before any earthwork can begin. Once a permit is issued, the site is monitored regularly by Engineering Staff for compliance.
Why is it important?
Due to the rapid growth of homes and industries in the area, it is important to maintain the City's precious natural resources, and the Soil Erosion and Sedimentation Control Program was established to do just that. By reducing the sediment run-off and erosion in areas of construction, we prevent areas of build-up in storm sewer drains, surface water, wetlands, forests, and all other areas that are at risk of damages from run-off and erosion.
What can be done to prevent it?
Comply with Ordinance #34 (Soil Erosion and Sedimentation Prevention) and corresponding general rules. Also, maintain the control measures placed on the site as suggested on submitted plan.
What can the community do?
Pay close attention to what is going around construction sites. For example, if you see areas where sediment is washing off into surface water and silt fences are not being used to prevent the washout or sediment is flowing over the sides, contact the Engineering Department.
The fees for Soil Erosion and Sedimentation Control will be calculated by staff after review of application.
Single Family Home Soil Erosion Permit Fees (if within 500’ of state waters)
Application Fee: $25
Permit Fee: $35
Monthly Inspection Fee: $35 a month until work is completed and site is stabilized
Note: All soil erosion permits for single family homes require a $500.00 deposit returned upon project completion and site stabilization.
Large Development Soil Erosion Permit Fees (Required if development is larger than 1 acre or within 500’ of state waters)
$25 for lots up to 1 acre
$25 + $10(acreage) up to 10 acres + $5(acreage over 10)
Example for a 15 acre disturbance:
$25+$10(9)+$5(5)= $140 application fee
Permit Fee: $35
Monthly Inspection Fee:
$55 a month for lots up to 1 acre
$55 + $5(acreage) up to 10 acres + $2(acreage over 10)=total monthly fee
Example for 15 acre disturbance:
$55+$5(9) +$2(5)= $110 per inspection.
Note: Developments will need to provide a $5,000.00 deposit returned upon project completion and full site stabilization. Also, all developments over 5 acres must apply for NPDES permit through the State of Michigan's Department of Environmental Quality.
Soil erosion inspections are required after every significant rainfall event and no less than once per month
Failure to comply with soil erosion regulations may result in fines up to $25,000 per day.
City of Walker Soil Erosion Permit Procedures
In accordance with ordinance #94-441 and its corresponding general rules, permit requirements for an earth change area as follows:
a. An application for an earth change (soil erosion) permit shall be submitted to the City Engineer by the owner of the land upon which the earth change is proposed to be made (or by the owner's authorized agent).
b. The application shall be followed by an application review fee made payable to the city treasurer in the amount provided by the fee schedule adopted by resolution of the city commission. This value will be calculated by the City Engineer after reviewing the application and plan.
c. The application shall also be accompanied by a soil erosion and sedimentation control plan (2 copies) which includes the following required data:
(1) A vicinity sketch of the site location and the proximity of any proposed earth change to the surface water of the state (or to drains or storm water inlets leading directly to the surface waters of the state).
(2) A boundary line survey or legal description of the site.
(3) The name, address, and telephone number of the landowner (and authorized agent), and of the applicant (if different than the landowner).
(4) A plan of the site at a scale of not more that 200 feet to an inch (or as otherwise determined adequate by the City Engineer), showing existing topography (or slope description) at two-foot intervals.
(5) A soil survey map or written description of the soil types of the exposed land area contemplated for the earth change.
(6) Details for the proposed earth change including:
(7) A description of the location of the physical limits of each proposed earth change.
(8) A description and the location of all existing and proposed on-site drainage facilities.
(9) The timing sequence of each proposed earth change, such as starting and completion dates of the development sequence and time exposure of each area prior to the completion of effective soil erosion and sediment control measures.
(10) A description and the location of all proposed temporary soil erosion and sedimentation control measures and their estimated cost.
(11) A description and the location of all proposed permanent soil erosion and sedimentation control measures and their estimate cost.
(12) A statement of the quantity of the excavation and/or fill involved.
(13) A program for the continued maintenance of all permanent soil erosion and sedimentation control facilities, which remain after the project completion, including the designation of the person or organization responsible for the maintenance. Maintenance responsibilities shall become a part of any sales or exchange agreement for the land on which the permanent soil erosion control measures are located.
(14) Other information or data as may be required by the City Engineer, such as a wetland or soils investigation report which shall include, without limitation, data regarding the nature, distribution, and supporting ability of existing soils and rock on site.
d. The soil erosion and sedimentation control plan shall be reviewed by the City Engineer or by a person trained and experienced in soil erosion and sedimentation control techniques, as designated by the City Engineer.
e. All earth changes shall be designed, constructed, implemented and maintained in accordance with the minimum requirements for earth changes as provided by Part 91, Act 451, P.A. of 1994 Rules and this Article, and shall also comply with any structural, vegetative, or managerial practices to effectively prevent or reduce soil erosion and sedimentation, as determined necessary by the City Engineer. In determining the adequacy and effectiveness of the design, implementation, and maintenance of proposed soil erosion and sedimentation control measures for purposes of this Article, the City Engineer shall consider:
(1) Site-specific factors and information of the type required to be included in the soil erosion and sedimentation control plan for the property; and
(2) The specifications and recommendations regarding soil erosion and sedimentation control measures and practices as provided by the “Guidebook of Best Management Practices for Michigan Watersheds,” published by the Surface Water Quality Division, Michigan Department of Natural Resources (“BMP Guidebook”). A complete copy of the BMP Guidebook shall be kept available for public inspection at the Engineering Department at Walker City Hall.
f. The City Engineer shall approve, disapprove or require modification of the application for the earth change permit and accompanying plan within 15 calendar days following receipt of a complete application. Notification of conditional approval or disapproval shall advise the applicant of the reasons for disapproval and conditions required for approval. The requirement of notification by certified mail is not necessary if the applicant is personally given written approval or disapproval of the application.
g. No earth change permit shall be issued until the applicant has paid applicable permit and inspection fees to the city treasurer in accordance with the fee schedule adopted by resolution of the city commission.
h. Upon a determination by the City Engineer that an applicant has met all applicable requirement under this Article and other applicable laws and regulations, and that the applicant has paid all applicable fees, the City Engineer shall issue a permit for the proposed earth change. The permit shall be kept available on the site of the proposed earth change at all times for inspection by the city.
i. If the earth change for which a permit has been issued has not been commenced within 1 year from the date of issuance of the permit, the permit shall lapse, provided that the City Engineer may extend the time for commencement of the earth change if the permit tee requests an extension prior to the expiration of the initial period and no material change or circumstances has occurred. Additional inspections fees will be required in advance to extend the permit.
j. An earth change permit issued under this Article shall not relieve the permit tee from complying with any term or condition of an approved permit or to timely complete all work as set forth in an approved constitutes a violation of this Article.
k. The failure to comply with any term or condition of an approved permit or to timely complete all work, as set forth in an approved plan constitutes a violation of this Article.
An "authorized public agency" as defined in Part 91, Act 451, P.A. of 1994 is exempt from obtaining an earth change permit, but shall notify the city in advance of each proposed earth change.