DEPARTMENT OF ENVIRONMENTAL QUALITY

                         LAND AND WATER MANAGEMENT

                                DAM SAFETY


(By authority conferred on the department of natural resources by  section 57 
of Act No. 300 of the Public Acts   of   1989,   being   S281.1357   of   the 
Michigan Compiled Laws)


R  281.1301   Definitions.
  Rule 1. (1) As used in these rules, "Act"  means  Act  No.   300   of   the 
Public Acts of 1989, being S281.1301 et  seq.  of   the   Michigan   Compiled 
Laws.
  (2) Terms defined in the act have the same meanings when  used   in   these 
rules.

  History:  1993 AACS.


R  281.1302   Permit applications and procedures.
  Rule 2. (1) An application for a permit for a proposed  project  shall   be 
made on a form that is prescribed and  provided  by   the   department.   The 
application  form  shall  be  the  same  form  that  is   used   for    other 
department-administered statutes that require permits   at   the   land-water 
interface. Application forms may be  obtained  from  the   land   and   water 
management division or  from  any  district  or  regional   office   of   the 
department.
  (2) An application fee for a permit to repair, alter, remove, or abandon  a 
dam shall be submitted with  the   application   form.   Submission   of   an 
application fee for a permit to construct, reconstruct, or  enlarge   a   dam 
may be deferred until plans and specifications are submitted.  The  fee   for 
enlargement of a dam that is part of a mine tailings basin  system  shall  be 
based on the height of the new  embankment  section  as   measured   by   the 
vertical distance from the lowest point of the  embankment   crest   to   the 
lowest tailings foundation elevation. The fee  shall  be   paid   by   check, 
money order, or draft made payable to: "State of Michigan".
  (3) When the proposed project includes related  multiple  impoundments,  an 
applicant may apply for a single permit, but an appropriate  fee   shall   be 
required for each impoundment.
  (4) An application for a permit to  construct  a  new   dam,   enlarge   an 
existing dam, or reconstruct  a  failed  dam  shall  be   reviewed   by   the 
department in a 2-step process. The first step shall be a   review   of   the 
conceptual  plans  to  determine  if  the  proposed  project   may   have   a 
significant adverse effect on public health, safety,  welfare,  property,  or 
natural resources or the public trust  in  those   natural   resources.   The 
second step shall be the review of plans and specifications  to  determine if 
the engineering design is acceptable.
  (5) An application for a permit to  construct  a  new   dam,   enlarge   an 
existing dam, or reconstruct  a  failed  dam  shall  include   all   of   the 
following:
  (a) A description and evaluation of the loss of  natural   resources   that 
are associated with the project.
  (b) A description of the natural resources that are  associated   with   or 
created by the impoundment and how they offset the natural resources  lost by 
the creation of the impoundment.
  (c) The project assessment required pursuant  to  the   provisions   of   R 
281.1304. However, an assessment is not required for a permit  to  enlarge an 
existing dam when the purpose of the impoundment will remain   the   same  as 
the original impoundment and the surface area of the   impoundment   will  be 
increased by 10% or less.
  (d) Conceptual plans that are adequate to evaluate the project's impacts on 
public health, safety, welfare,  property,  or  natural  resources   or   the 
public trust in those natural resources. Conceptual plans  shall  include, at 
a minimum, all of the following:
  (i) A site plan that shows all of the following:
  (A) The location of the dam.
  (B) The existing stream channel.
  (C) The normal shoreline of the proposed impoundment.
  (D) Property lines.
  (E) Dimensions or proper scale.
  (ii) Transverse and longitudinal cross-sections  through   the   dam   that 
show all of the following:
  (A) The spillway or spillways.
  (B) Upstream and downstream water levels.
  (C) The stream channel bottom.
  (iii) The location of all occupied dwellings within 1/4 of a  mile  of  the 
proposed impoundment if the dam is new or if the  impoundment  elevation   is 
changed. Projects that do not propose an impoundment  elevation  change   are 
excluded from this requirement.
  (iv) Ingress and egress routes for construction activities.
  (6) The first step of the review shall commence once  the  department   has 
received all of the following:
  (a) The application form with all necessary information filled in.
  (b) All additional information  requested  by  the   department   that   is 
required to evaluate the proposed activity's effects on  the  public  health, 
safety, welfare, property, or natural resources or  the   public   trust   in 
those  natural  resources.  Requests  by  the   department   for   additional 
information shall be made in writing.
  (c) All appropriate application fees, except as noted in  subrule  (2)   of 
this rule.
  (d) The assessment described in R 281.1304 when required  pursuant  to  the 
provisions of subrules (5) and (7) of this rule.
  (e) Conceptual plans for the project as described in   this   subrule   and 
subrules (5), (7),and (8) of this rule.
  Engineering plans and specifications are not required for the department to 
complete the first step of the review.
  (7) An application for a permit to abandon or remove a  dam  shall  include 
all of the following:
  (a) A site plan that shows all of the following:
  (i) The location of the dam.
  (ii) The impoundment.
  (iii) The existing stream channel.
  (iv) The proposed location of the stream channel.
  (b) A description of the method to be employed in  removing  or  abandoning 
the dam.
  (c) An evaluation of the capacity of the  remaining   structure   to   pass 
flood flows after the proposed  work  is   completed,   including   hydraulic 
computations to support the evaluation.
  (d) An evaluation of the quantity and  quality   characteristics   of   the 
sediments that have accumulated in the dam impoundment.
  (e) A description of the methods to be  employed   to   control   sediments 
during and after removing or abandoning the dam.
  (f) The project assessment required pursuant  to  the   provisions   of   R 
281.1304.
  (8) An application for a permit to repair or alter a  dam   shall   include 
both of the following:
  (a) A description  of  the  proposed  work,  including   the   volumes   of 
materials to be dredged or filled.
  (b) Engineering plans and specifications for the proposed work.
  (9) After receipt of an application,  the  department   may   request,   in 
writing, from the applicant,   such   additional   information,   assessment, 
design calculations,  records,  or  documents  as  are   determined   to   be 
necessary to evaluate the proposed project.
  (10) Based in part on the information provided by the  applicant   and   in 
part on comments received by the  department  during   the   20-day   comment 
period as provided by section 23 of the act, the  department  shall   conduct 
the first step of the review to determine  the  effects   of   the   proposed 
project on public health, safety, welfare, property, or natural  resources or 
the public trust in those  natural  resources  and   riparian   rights.   The 
department shall make 1 of the following determinations:
  (a) The proposed activity is permitable as submitted.
  (b)  The  proposed  activity  is   permitable    if    certain    described 
modifications are made.
  (c) The proposed activity is not permitable and cannot   be   modified   to 
result in the granting of a permit.
  (11) An application for a permit shall not be  considered  complete   until 
the  assessment  required  in  R  281.1304  has  been   completed   and   the 
department has received all of the following:
  (a) All information that is requested on the application form.
  (b) Any other information that is required by written   notice   from   the 
department.
  (c) The application fee, unless the fee is deferrable   pursuant   to   the 
provisions of subrule (2) of this rule.
  (d) Acceptable conceptual plans and specifications.
The department shall grant or deny a  permit  within  60   days   after   the 
submission of  a  complete  application  or  within  120   days   after   the 
submission of a complete application if a public hearing is held.
  (12) 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. If the applicant cannot provide the specific  information  that  the 
department requests within the 30-day period, the applicant  may   keep   the 
application open by advising the department, in writing,  within  the  30-day 
period, of when the information can be submitted.  The  applicant's  proposed 
deadline shall be reasonable. If the information is not   provided   by   the 
applicant's deadline, the application shall then be closed.
  (13) The department shall advise an applicant of its  determination.  If an 
activity is permitable as submitted  or  is  permitable  if   modified,   the 
department shall then review engineering plans and  specifications.  If   the 
department has not yet received required application  fees   or   engineering 
plans and specifications, the department shall request the  fees   or   plans 
and specifications at the time an applicant is advised  of  the  department's 
determination.
  (14)  When  the  department  determines  that   engineering    plans    and 
specifications are acceptable, a permit shall be issued or,   if   a   permit 
has already been issued, the applicant shall be notified,  in  writing,  that 
plans and specifications are acceptable and the project  may   commence.   If 
the  engineering  plans  and   specifications   are    determined    to    be 
unacceptable, the department shall advise the applicant of  why   the   plans 
and  specifications  are  unacceptable  and  provide   a   concise    written 
statement explaining how the plans and specifications may be corrected.

  History:  1993 AACS.


R  281.1303   Permit conditions.
  Rule 3. (1) A permit shall provide  that  the  work   authorized   by   the 
permit shall be completed within a specified time period, which shall  not be 
more than 2 years after the date that the permit is  issued.   Extensions  of 
time of up to 2 years each may be granted by the  department  for  good cause 
shown by the applicant. An administrative fee shall not be  required  for  an 
application for extensions of time.
  (2) A permit does not obviate the necessity of  receiving   approval   from 
the United States army corps of  engineers,  when   applicable,   the   state 
department  of  public  health,  or  a  local  unit   of   government,   when 
applicable, including a local unit of government that  is   responsible   for 
administering the provisions of Act No. 245 of the Public Acts  of  1970,  as 
amended, being S281.631 et seq. of the Michigan Compiled Laws, and Act No.
347 of the Public Acts of 1972, as amended, being S282.101 et  seq.  of   the 
Michigan Compiled Laws.
  (3) The department shall  not  issue  a  permit,  except   for   a   permit 
pursuant to the provisions of section 25(2) of the act 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  sections  21(1)   to   (3)   and 
23(1) of the act.
  (4) Upon request, the department shall provide any person with a copy of  a 
permit application and supporting documents pursuant to  the   provisions  of 
Act No. 442 of the Public Acts of 1976, as amended,  being  S15.231  et  seq. 
of the Michigan Compiled Laws.
  (5) If the mitigation proposed in a mitigation plan that is submitted by an 
applicant is approved by the department, the department may  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 that result from the proposed project.
  (6) A  temporary  emergency  action  plan  may  be   required   by   permit 
condition  which  would  be  effective  during,  and   applicable   to,   the 
construction period.

  History:  1993 AACS.


R  281.1304   Project assessment.
  Rule 4. (1) In each application for a permit as required  pursuant  to  the 
provisions of R 281.1302, (5) and (7), an assessment of  all  known  existing 
and potential adverse effects within the scope of  the   project   shall   be 
provided by the applicant and reviewed  by  the   department   to   determine 
whether the project will have  a  significant  adverse   effect   on   public 
health, safety, welfare, property, or  natural  resources   or   the   public 
trust in those resources. This assessment  shall   include   evaluations   of 
both positive and negative impacts of the project   commensurate   with   the 
scope of the project and mitigating measures to minimize impacts  on  all  of 
the following:
  (a) Wetlands.
  (b) Fisheries.
  (c) Wildlife.
  (d) Threatened and endangered species.
  (e) Water quality.
  (f) Streamflows.
  (g) Sediment transport.
  (h) Turbidity.
  (i) Water chemistry.
  (j) Water temperature.
  (k) Riparian rights.
The assessment shall include impacts of  the  impoundment   on   the   stream 
below the impoundment and shall address impacts  both   during   construction 
and after completion of the project.
  (2) If the department determines that more detailed study  is  needed,   it 
may require the applicant to provide the additional  information   or   cause 
such a study to be made. The department shall state,  with  specificity,   in 
writing, the requirements or criteria for such  additional   information   or 
study. All available data shall be evaluated  by  the   department   in   its 
review of an application for a permit.

  History:  1993 AACS.


R  281.1305   Engineering plans and specifications.
  Rule 5. (1) Engineering plans and specifications for  the  construction  of 
new dams, the reconstruction of failed dams, or the   enlargement   of   dams 
shall be prepared by a licensed professional engineer, be  submitted  to  the 
department, be approved by  the  department  before   the   commencement   of 
construction, and include, at a minimum, all of the following:
  (a) A map that shows the location of the project and a  topographic  map of 
the dam site and impoundment  area.   Mapping   shall   show   all   of   the 
following:
  (i) Maximum flood storage elevations of the impoundment.
  (ii) Property boundaries of the site, including flowage easements.
  (iii) Borrow area or areas.
  (iv) Ingress and egress routes.
  (v) Work limits.
  (b) Detailed design plans that show all of the following:
  (i) A profile along the centerline of the embankment and  the  spillway  or 
spillways.
  (ii) Cross-sections of the dam at  representative   locations   that   show 
suitable detail of the upstream and downstream slopes and crest.
  (iii) The findings of investigations  and  analyses   of   embankment   and 
foundation materials, including the locations of soil  borings,  soil  boring 
logs, and proposed foundation treatment.
  (iv) Other drawings that are necessary to fully depict   the   project   as 
determined by the department upon consultation with the applicant.
  (v) Other analyses that are necessary to document the   adequacy   of   the 
design of the  structure  and  protection  of   natural   resources,   public 
safety, and public trust as determined by the  department  upon  consultation 
with the applicant.
  (c) An operation  plan  that  describes  how  the   streamflows   will   be 
maintained under various conditions.
  (d) Technical specifications related to the scope of work   for   the   dam 
and appurtenant  structures.  Specifications   shall   reference   nationally 
recognized and acceptable engineering specifications.
  (2) Engineering plans and specifications  for   the   repair,   alteration, 
removal, or abandonment of a dam, with the exception of  minor  alteration or 
repair projects, shall be prepared by a licensed  professional  engineer,  be 
submitted to the department, and  be  approved  by  the   department   before 
commencement of construction. Plans  and  specifications   for   repair   and 
alteration shall include sufficient detail and analyses for the department to 
 determine  whether   the   proposed   activity   adequately   protects   the 
structural integrity of the dam. Plans and specifications  for  removal   and 
abandonment of a dam shall include sufficient detail and  analyses  for   the 
department to determine whether the proposed  activity  adequately   protects 
natural resources, public safety, and the public trust.
  (3) The  hazard  potential  classification  and   spillway   design   flood 
determination of a dam site shall be determined  by   the   department.   The 
department may require the applicant to provide  additional  information  for 
the  department's  use  in   these    determinations.    Spillway    capacity 
requirements are fulfilled if the specified design flood is  stored  in   the 
impoundment, attenuated in the impoundment system, or  passed   through   the 
spillway.
  (4) When mitigation for the loss of natural resources is  required  for   a 
proposed activity, plans and specifications  for  the   mitigation   may   be 
required.

  History:  1993 AACS.


R  281.1306   Minor project categories.
  Rule 6. (1) The department shall grant or  deny  an   application   for   a 
minor project after all of the following steps have been completed:
  (a) Submission of a complete application.
  (b) An on-site inspection by a department representative.
  (c) A review of all appropriate information by the department.
  (2) A review of a minor project does not require any of  the  following:
  (a) Submission of the application materials by the department  to  any   of 
the individuals or agencies listed in section 23(1) of the act.
  (b) A 20-day comment period as provided for in section 23 of the act.
  (c) A public hearing.
  (3) Required plans and specifications for a minor project do not need to be 
prepared by a licensed professional engineer.
  (4) The following alterations and  repairs  shall   be   considered   minor 
projects pursuant to section 27 of the act  if  the   activity   involves   a 
temporary drawdown of 2 feet or less  or  involves   a   temporary   drawdown 
where the dam owner is the sole riparian  to  the   lands   surrounding   the 
impoundment:
  (a) Dredging or filling of more than 25 cubic yards, but  less   than   300 
cubic yards, as a single and complete project. For  dredging  projects,   the 
project will not be considered minor unless evidence is  provided  with   the 
application that the materials to be dredged are not contaminated pursuant to 
the provisions of Act No. 64 of the Public Acts of  1979,  as  amended, being 
S299.501 et seq. of the Michigan Compiled Laws.
  (b) Erosion protection measures that fulfill an   identifiable   need   for 
erosion protection, bank stabilization, or the protection  or  improvement of 
the dam and its inlet and outlet  channels.  The  fill   material   that   is 
associated with erosion protection measures shall be   in   compliance   with 
any of the following provisions:
  (i) It shall have a volume of more than 25 cubic yards,   but   shall   not 
have a volume of more than 300 cubic yards.
  (ii) It shall not have a surface area of more than 10,000  square  feet.
  (iii) There shall not be more than 2 cubic yards per lineal foot.
  (c) Other repairs and alterations that have  a  minimal   effect   on   the 
structural integrity of the dam.
  (5) Dredging or filling in volumes of less than 25 cubic  yards  shall   be 
considered maintenance and does not  require  a  permit   pursuant   to   the 
provisions of the act.

  History:  1993 AACS.


R  281.1307   Performance bonds.
  Rule 7. (1) As authorized by the provisions of section 31(5) of the act,  a 
permit to construct a new dam or reconstruct a  failed  dam  may  require   a 
performance bond. A performance bond may be in the  form  of   any   of   the 
following:
  (a) A surety bond.
  (b) A secured trust fund.
  (c) A letter of credit.
  (d) Insurance.
  (e) A financial test.
  (f) A corporate guarantee.
  (g) Another suitable instrument or mechanism.
  (h) A combination of the items listed in subdivisions (a) to  (g)  of  this 
subrule as approved by the department.
The  department  shall  consider  an  applicant's   past    performance    in 
determining if a performance bond shall be required.
  (2) The performance bond shall be secured  and   documentation   shall   be 
submitted to the department before the commencement  of   construction.   The 
bond, instrument, mechanism, or fund or combination of   these   methods   of 
assurance shall be in the amount equal to a  reasonable   estimate   of   the 
cost, adjusted for inflation, that is required to   adequately   complete   a 
project or remove a completed or partially completed dam   and   to   provide 
for complete or partial restoration of a project  site.   Performance   bonds 
may be required in the  following  instances  if  there   is   a   reasonable 
possibility that the permittee may not complete the project:
  (a) Where total project completion is essential for   the   protection   of 
public health, welfare, or safety or to protect natural  resources  and   the 
public trust in those natural resources.
  (b) For temporary dams or dams that are constructed or reconstructed for  a 
specific purpose and period of time after which removal is planned.
  (c)  For  phased  construction  projects  where   dam    construction    or 
reconstruction is an integral and necessary part of the total project  and is 
to be phased in over a number of years.
  (d) Projects to be constructed in the future to  mitigate   the   loss   of 
natural resources or environmental degradation.

  History:  1993 AACS.


R  281.1308   Project completion explained.
  Rule 8. Pursuant to the provisions  of  section  35(1)(a)   of   the   act, 
completion of a new, reconstructed, enlarged,  repaired,   or   altered   dam 
occurs when all the  work  depicted  on  all  approved   drawings   and   all 
specification  requirements  have  been  accomplished    and    all    permit 
conditions have been implemented before the expiration of a permit.

  History:  1993 AACS.


R  281.1309   Inspection schedule.
  Rule 9. Inspection reports that are prepared pursuant to the  provisions of 
R 281.1310 are due on a   calendar   year   basis.   The   department   shall 
notify the dam owner of the due date, by certified mail,   not   later   than 
January 31 of  the  year  in  which  the  inspection  report   is   due.   In 
establishing  an  inspection  schedule,  as  authorized   pursuant   to   the 
provisions of section 37(2) of the act, the department   shall   compile   an 
alphabetical listing of dams in each hazard   potential   classification   of 
high, significant, and low. The inspection schedule  shall   be   established 
based on the following provisions:
  (a) For high hazard potential dams, every third dam  in  the   alphabetical 
listing of these dams shall be inspected each year as follows:
  (i) The first, fourth, seventh, tenth, and so on dam  in  the  alphabetical 
listing will be due for inspection the first year.
  (ii) The  second,  fifth,  eighth,  eleventh,  and  so  on   dam   in   the 
alphabetical listing will be due for inspection the second year.
  (iii)  The  third,  sixth,  ninth,  twelfth,  and  so  on   dam   in    the 
alphabetical listing will be due for inspection the third year.
  (iv) The cycle shall be repeated every 3 years.
  (b) For significant hazard potential  dams,  every  fourth   dam   in   the 
alphabetical listing of  these  dams  shall  be  inspected   each   year   as 
follows:
  (i)  The  first,  fifth,  ninth,  thirteenth,  and  so  on   dam   in   the 
alphabetical listing shall be due for inspection the first year.
  (ii) The second,  sixth,  tenth,  fourteenth,  and  so  on   dam   in   the 
alphabetical listing shall be due for inspection the second year.
  (iii) The third, seventh, eleventh, fifteenth, and  so  on   dam   in   the 
alphabetical listing shall be due for inspection the third year.
  (iv) The fourth, eighth, twelfth,  sixteenth,  and  so  on   dam   in   the 
alphabetical listing shall be due for inspection the fourth year.
  (v) The cycle shall be repeated every 4 years.
  (c) For low hazard potential dams, every fifth dam  in   the   alphabetical 
listing of these dams shall be inspected each year as follows:
  (i) The first,  sixth,  eleventh,  sixteenth,  and  so  on   dam   in   the 
alphabetical listing shall be due for inspection the first year.
  (ii) The second, seventh, twelfth, seventeenth, and so  on   dam   in   the 
alphabetical listing shall be due for inspection the second year.
  (iii) The third, eighth, thirteenth, eighteenth, and so on   dam   in   the 
alphabetical listing shall be due for inspection the third year.
  (iv) The fourth, ninth, fourteenth, nineteenth, and so  on   dam   in   the 
alphabetical listing shall be due for inspection the fourth year.
  (v) The fifth, tenth,  fifteenth,  twentieth,  and  so  on   dam   in   the 
alphabetical listing shall be due for inspection the fifth year.
  (vi) The cycle shall be repeated every 5 years.
  (d)  Depending  on  its  hazard   potential    classification,    a    new, 
reconstructed, or enlarged dam shall be scheduled for inspection 3, 4,  or  5 
years after the date of written notice   of   final   project   approval   as 
required pursuant to the provisions of section 35(2) of the act or  3,  4, or 
5 years after the expiration date   of   the   permit   if   final   approval 
cannot be granted. The cycle shall be repeated every  3,  4,   or   5   years 
according to the dam's hazard potential classification.
  (e) If the hazard potential classification of a dam   changes,   its   next 
inspection shall be scheduled based on the date of  its  previous  inspection 
and the cycle of inspections required for the new hazard potential rating.
  (f) If an existing dam is discovered that falls under  the   authority   of 
the act, it shall be added to the  end  of   the   appropriate   alphabetical 
listing, and its first inspection shall be scheduled based  on   the   system 
described in subdivisions (a) to (c)  of  this  rule.   If   the   department 
determines  that  a  condition  may  exist  that  endangers   the   dam,   an 
inspection shall be required immediately.
  (g) The department may alter the inspection schedule  in  consideration  of 
the dates of recent  inspections  and   department-permitted   and   approved 
repairs and alterations.
  (h) Owners of more than 1 dam may request that  the   department   schedule 
their inspection reports to be due the same year if the dams  have  the  same 
hazard potential classification.

  History:  1993 AACS.


R  281.1310   Inspection reports.
  Rule 10. (1) Inspection reports shall include  all   of   the   information 
required in section 37(3) of the act.
  (2) An inspection report shall include all of the following parts:
  (a) A title sheet that includes all of the following information:
  (i) The name of the dam.
  (ii) The inventory identification number.
  (iii) The county and river or stream where the dam is located.
  (iv) The owner's and operator's names, addresses, and telephone numbers.
  (v) The hazard potential classification.
  (vi) The names of inspectors.
  (vii) The date of inspection.
  (viii) The name, address, registration  number,  and   signature   of   the 
licensed professional engineer who is in charge of the inspection  report.
  (b) A conclusions and recommendations section that includes  all   of   the 
following information:
  (i) An evaluation of the dam's overall condition and a   summary   of   the 
findings of the field inspection and analyses contained in the report.
  (ii) Identification of any deficiencies that, if  left  uncorrected,  could 
lead to the failure of the dam.
  (iii) Prioritization of recommendations to correct observed deficiencies or 
operation and maintenance items for the dam.
  (iv) Recommendations for further  detailed   studies   or   investigations, 
including an assessment of the adequacy of the   current   hazard   potential 
classification if appropriate.
  (c) A project information section that includes  all   of   the   following 
information:
  (i) A description of the dam,  outlet,  spillway,   and   other   principal 
features, together with pertinent data.
  (ii) The purpose of the dam.
  (iii)  A  summary  of  available   design,    geotechnical,    maintenance, 
construction, repair, and alteration information and operating history.
  (iv) A reference to past inspection reports.
  (v) The date of construction, if known.
  (d) A field inspection  section  that  briefly   describes   the   physical 
condition of the principal features of the dam  and  appurtenant  structures, 
including the impoundment level, as they were observed   during   the   field 
inspection.
  (e) A structural stability section that includes a  visual  assessment   of 
the stability of the dam on the basis of available data,  together  with  the 
observations of the field inspection and the results  of   any   calculations 
performed.
  (f) A hydrologic and hydraulic section that includes   an   evaluation   of 
spillway  adequacy,  including  a  description   of    pertinent    available 
information, such as any of the following:
  (i) Hydrologic design data provided by the department.
  (ii) Drainage area.
  (iii) Floods of record.
  (iv) Previous evaluations.
  (g) An operation and  maintenance  section  that  includes   all   of   the 
following:
  (i) An assessment of operating equipment and procedures.
  (ii) Evaluation of the current maintenance plan.
  (h) Appendices that include all of the following:
  (i) A map that shows the location of the dam.
  (ii) Engineering plans of the dam, if available, or sketches  of  the   dam 
and its principal parts, including a plan view and cross  sectional  views of 
pertinent features. If there have been  changes  to   the   dam   since   the 
submittal of previous plans or sketches, supplemental   plans   or   sketches 
that depict the changes  shall  be  submitted.  If   engineering   plans   or 
sketches have been submitted in a previous inspection report  and  if   there 
have been no changes to the dam, it is not necessary  to   submit   duplicate 
plans or sketches in subsequent reports.
  (iii) Photographs of the dam, downstream channel, and deficiencies cited in 
the report.

  History:  1993 AACS.


R  281.1311   Emergency action plans.
  Rule 11. (1) An emergency action plan for a high  or   significant   hazard 
potential dam  shall  be  submitted  to  the  county   or   local   emergency 
management coordinator for review for consistency  with   county   or   local 
emergency operations plans and the Michigan emergency  preparedness  plan.
An emergency action plan for an existing dam shall  be   submitted   to   the 
department with documentation that the plan  has  been   submitted   to   the 
county or local emergency management coordinator not later  than   the   time 
that the first inspection report for the dam is due  or   at   another   time 
agreed to by  the  department.  An  emergency  action  plan   for   a   newly 
constructed dam shall be submitted to the   department   with   documentation 
that the plan  has  been  submitted  to  the  county   or   local   emergency 
management coordinator not later than the date of expiration  of  the  permit 
for construction  of  the  dam,  including  any  extensions   of   time   for 
completion.
  (2) At the time subsequent inspection reports are due,  the   owner   shall 
determine if the plan is up to date. The owner shall advise the department of 
the findings of this review and   shall   submit   any   revisions   to   the 
department and to the county or local emergency management coordinator.
  (3) The emergency  action  plan  shall  include  a   description   of   the 
circumstances under which it shall be activated,  what   actions   shall   be 
taken, and who shall be responsible to take those actions when  the  plan  is 
activated.
  (4) The emergency action plan  shall  include  the   name,   address,   and 
telephone number of all of the following entities:
  (a) The person who is responsible for the operation of the dam.
  (b) The alternate person who is responsible for  the   operation   of   the 
dam.
  (c) The local emergency management coordinator or coordinators.
  (5) The emergency action plan shall include either of the following:
  (a) A listing of occupied facilities, buildings, and residences that may be 
threatened with flooding due to the failure of the dam.
  (b) Mapping that is adequate to clearly delineate the  areas  of  potential 
inundation resulting from a failure of the dam.
The degree of detail for mapping or listings shall  be   determined   through 
consultations between the dam owner and the  appropriate  emergency  services 
agencies that are responsible for implementing the emergency action  plan.

  History:  1993 AACS.


R  281.1312   Administrative monetary penalties.
  Rule 12. (1) As authorized pursuant to the provisions of  section  51(8) of 
the act, an administrative penalty of not more than $500.00 per  day  may  be 
assessed to a person as set forth in the schedule  in  subrule  (2)  of  this 
rule for any of the following reasons:
  (a) Violation of any or all of the conditions of a  minor  project   permit 
that is issued pursuant to the provisions of section 27 of the act.
  (b) Failure to submit an inspection report as required  pursuant   to   the 
provisions of section 37 of the act.
  (c) Failure to provide a more detailed investigation   or   evaluation   of 
certain dam features as required by section 37(5) of the act.
  (d) Failure to comply  with  a  first  department  order   to   limit   dam 
operations as authorized pursuant to the provisions of   section   39(1)   of 
the act where significant impairment of resources has not resulted.
  (e) Failure to  notify  the  department  and   affected   off-site   public 
authorities and safety agencies, pursuant to  the   provisions   of   section 
41(1) of the act, of any flood  or  unusual   circumstance   or   occurrence, 
within 24 hours of the circumstance  or  occurrence,   that   endangers   the 
safety of a dam, but where  significant  damage  to   property   or   natural 
resources does not occur.
  (f) Failure to notify the department of actions  taken   in   response   to 
emergency conditions pursuant to the provisions of section   41(2)   of   the 
act.
  (g) Failure to comply with the provisions of  an   emergency   order   that 
relates to any of the following as authorized pursuant to  the  provisions of 
section 43(2) of the act:
  (i) Maximum drawdown levels and discharge rates.
  (ii) Conducting required sediment surveys, water   quality   sampling,   or 
monitoring.
  (iii) Any other requirement where significant   impairment   of   resources 
has not resulted.
  (h) Failure to prepare, keep current, and submit to   the   department   an 
emergency action plan as required pursuant to the provisions of section 47 of 
the act.
  (i) Failure  to  comply  with  a  first  order  to   comply   with   permit 
conditions or to restore the  site  affected  to   its   original   condition 
pursuant to the provisions of section 49(1) of the act.
  (j) Violation of any of the following permit conditions:
  (i) Failure to supply data or information.
  (ii) Failure to provide required minimum flow  releases  where  significant 
impairment of resources has not resulted.
  (iii) Violation of any permit condition where  significant  impairment   of 
resources has not occurred.
Each violation and act of noncompliance and each day such  a   violation   or 
act occurs or continues to occur will be considered a separate  violation.
  (2) The  following  administrative  penalty  schedule   shall   apply   for 
noncompliance or violations as set forth in subrule (1) of this rule:
  (a) First through the fifth day the violation occurs  -   not   more   than 
$100.00 per day.
  (b) Sixth through the tenth day the violation occurs  -   not   more   than 
$200.00 per day.
  (c) Eleventh through the fifteenth day the violation occurs  -   not   more 
than $300.00 per day.
  (d) Sixteenth through the twentieth day the violation occurs  -  not   more 
than $400.00 per day.
  (e) Twenty-first day until the violation is resolved  -   not   more   than 
$500.00 per day.
  (3) All administrative penalties will be assessed by  written  notice  from 
the department. The notice  shall  state  the  specific   reasons   for   the 
penalty, the number  of  days  the  department  considers   the   person   in 
violation, and the total amount due based on the schedule in  subrule  (2) of 
this rule.
  (4) If so requested, the department shall provide a  person,   subject   to 
the administrative penalty provisions of section  51(8)  of   the   act,   an 
opportunity for a hearing pursuant to the provisions of Act No.  306  of  the 
Public Acts of 1969, as amended, being S24.201 et  seq.   of   the   Michigan 
Compiled Laws.
  (5) Notice of intent to  assess  administrative   penalties   pursuant   to 
section 51(8) of the act shall be given either through  written   notice   by 
certified mail or personal service on the person by the  director,   his   or 
her designated representative, or a peace officer.
  (6) Penalties that  are  administered  pursuant  to   the   provisions   of 
section 51(8) of the act may be in addition  to  any   other   penalties   or 
remedies authorized by the act or its rules.

  History:  1993 AACS.


R  281.1313   Dams exempt from rules.
  Rule 13. A dam is exempt from these rules if it is exempt  from   the   act 
pursuant to the provisions of section 13(2) and (3) of the act.

  History:  1993 AACS.