Dust Control – Soil Stabilization – Erosion Control

The state Department of Environmental Quality (DEQ) is looking to add a new general permit category to its arsenal of resource protection tools. The new permit is designed to ensure that inland lake shoreline stabilization is done through an environmentally safe process known as bioengineering — using plant products to simulate a natural shoreline while functioning in much the same way as the antiquated and traditional seawall.

According to a recent DEQ public notice, the new category is being proposed to encourage the use of bioengineering to stabilize the shorelines of inland lakes.

"These practices — also known as ‘soft’ or ‘green’ engineering — are intended to prevent or control soil erosion and to restore native shorelines while protecting and enhancing fish and wildlife habitat and other nature features associated with the lake," the notice states.
Bioengineering involves the use of a combination of native plants and natural or biodegradable materials to engineer shoreline protection that mimics, to the best extent possible, or enhances the natural shoreline.

"The DEQ has the ability to propose minor project categories that are permit categories that qualify for an expedited or accelerated review process," said John Skubinna, an environmental quality analyst with the DEQ. "The Land and Water Management Division of the DEQ is the agency that reviews and issues permit for construction around the shoreline of a lake. They recently proposed a new minor project category for bioengineering construction. That proposed category went out on public notice for comment in June. That period ended in August and, based on those comments, a decision will be made on whether to create that new category and put it in use later this fall."

Skubinna said under the proposed minor project category, a project that uses native plant material or biodegradable structures may be able to qualify for that minor project category.

"The intent is that those projects are the types of projects that would re-establish a more natural looking shoreline as opposed to seawalls or lawns right up to the shoreline," he said. "The change that they are proposing is to simply add another option for expedited review."

That means those riparians who want to use biodegradable materials and native plants to stabilize their shorelines can have their permit applications reviewed faster than applications for other permits.

According to Skubinna, bioengineered shorelines can be more beneficial in some situations, but it really depends on the property.
"The DEQ isn’t recommending one method over another — they are just allowing for the opportunity for those interested in bioengineering to use that through the expedited process. This might encourage people to use these methods because it’s an expedited process, but whether or not that type of construction is recommended really depends on the circumstances at each property."
"The specific practices included in this general permit are not recommended as the sole means of correcting existing erosion problems where wind and wave energy are excessive, or where eroded banks exceed 3 feet in height," The DEQ public notice states.

Bioengineering, according to the proposal, will be suitable for habitat enhancement, prevention of erosion problems, or to stabilize eroding banks at locations where the longest unobstructed distance across the lake from the proposed project site is less than 1 mile; the proposed project site is not adjacent to a heavily used boating access point or marina; the proposed project site is not located on an unprotected point, headland or island where erosive forces are high; and at other locations dependent upon site specific conditions.
The new general permit category wouldn’t be applicable to the Great Lakes shorelines, streams or rivers, as they do not meet the criteria. In addition, it wouldn’t be applicable to inland lakes where shorelines are stable, and where natural wetland habitat would be degraded by installation of the structures.

The issuance of one of the new permits would be authorized by the DEQ’s Land and Water Management Division for activities that are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will only have minimal cumulative adverse effects on the environment, according to the DEQ proposal.

The Land and Water Management Division can also impose addition site specific conditions as needed if the conditions are designed to remove an impairment to the lake, to mitigate the impact of a project, or to otherwise restore or rehabilitate a lake. The division can also establish a reasonable time when the proposed bioengineering project is to be completed or terminated.

In order to receive one of the proposed permits, a person must submit a permit application on a form provided by the DEQ and include the required information. The Land and Water Management Division will then review the application and determine whether the conditions and limitations of the general permit are met. The DEQ can then issue, deny or impose conditions on project activities authorized under one of the permits. The permit applicant will then receive written authorization or other response to the application.
Under the expedited process, if it’s determined that an application doesn’t meet all of the general permit criteria, the project may be subjected to public review.

According to the DEQ proposal, a property owner may request authorization under a general permit to install and maintain the following bioengineering practices on an inland lake as necessary to prevent or control erosion, provided that the proposed activity meets the specified limitations and conditions:

• Placement of biological erosion control structures, including but not limited to fiber rolls, fiber mats, live stakes, brush mattresses, brush bundles, and plantings of native vegetation;

• Limited placement of natural stone or rock rip rap, covering no more than 25 percent of the shoreline and allowing for the free growth of plants, may be used if necessary to stabilize biological materials. Stone used for this purpose shall range from 4 to 8 inches in diameter, and shall not be placed below the water’s edge;

• Temporary placement of fiber rolls or similar materials to serve as wave breaks or barriers placed not more than 5 feet from the existing shoreline, to facilitate establishment of biological control structures or plantings. Temporary wave breaks must be constructed of and anchored with materials that are 100 percent biodegradable; and

• Maintenance of previously authorized bioengineering structures.

There are also several limitations and conditions that must be met.

The DEQ proposal states authorization for these projects is limited to 300 linear feet of shoreline per project. The bioengineered shoreline protection structures authorized can’t be utilized where the top of the bank is more than 3 feet above the ordinary high water mark of the lake.

In addition, vegetation, including plantings and other potentially viable materials like live stakes, brush bundles, or other gathered woody material, can only be comprised of plant species that are considered native according to the Floristic Quality Assessment with Wetland Categories and Examples of Computer Applications for the State of Michigan. Engineered materials, like jute and coconut fabric, must be comprised of inert plant fiber that may be non-native.

Excavation and backfill must be authorized under the permit only to the extent necessary to stabilize slopes and to place bioengineering structures. Alteration of the natural contours of the lake shoreline or expansion of beach areas will not be authorized. Excavation or fill below the water’s edge will be authorized only to support the re-establishment of native vegetation, to install temporary wave breaks, or to restore and stabilize a severely eroded bank, the DEQ proposal states.

All material used must be firmly staked and secured using biodegradable materials to prevent movement due to wind, waves, high water or ice. To prevent erosion and any potential siltation to surface water or wetlands, all raw areas resulting from the authorized construction are required to be stabilized with native plant materials or other technology.

Other limitations include that a permit wouldn’t be authorized to destroy or alter areas of existing native wetland or aquatic vegetation; it wouldn’t be authorized for activities that may have an adverse impact on state- or federally-listed or proposed threatened or endangered species or their habitats; and the permit wouldn’t be applicable in a state- or federally-designated wilderness or environmental area, or in an identified historic or archeological area.

To help educated riparians on new bioengineering options, Scott Brown, executive director of Michigan Lake and Stream Associations (MLSA), said the MLSA, the DEQ and Michigan State University Extension have teamed up to launch an educational campaign called the Michigan Natural Shoreline Partnership. It involves offering classes to ensure landscapers and others interested in making a business in bioengineering are properly trained in bioengineering for inland lake shoreline stabilization.

"We have been a proactive advocate for both preserving natural shorelines, and restoring shorelines that have been altered," Brown said. "In terms of the inland lake fishery, in terms of erosion, in terms of lake ecosystem health — it’s the best thing a riparian property owner can do. The bioengineering method also provides a nice buffer against nutrients between riparian property and the inland lake."

The DEQ-led partnership’s mission is to develop more lakeshore-friendly alternatives to seawalls for riparian property owners, according to Brown.

"We have quite a few organizations involved in this," he said. "The first goal is to train and certify people to do this type of restoration. Right now the Michigan Nursery and Landscape Association, another partner in the project, isn’t very comfortable working so close to the shoreline. They are comfortable working in conventional landscaping situations but not at the water’s edge. Our first goal is to develop a training and certification program for landscapers so that they can become more comfortable and offer more services at the lakeshore for riparians."

According to Brown, the course material is being developed and the first course will be held within the next year.
"Once these people get certified they will have a lot better idea of bioengineering techniques and know the materials and types of plants that can be used successfully to restore inland lake shorelines," he said. "The partnership is relatively new but our second goal is to make riparians aware that there are now a lot more effective, attractive and affordable ways to deal with shorelines than just building a seawall."

Brown said seawalls can be very abrasive and disruptive to an inland lake ecosystem.

"A seawall totally disrupts the natural geometry and physical make-up of a shoreline," he said. "What happens is all the little macroinvertebrates and insects that require natural shoreline habitat, that in turn support inland lake fisheries, can’t be sustained after seawalls are installed. We’ve seen a sever decline in inland lake fisheries as the installation of seawalls has gone on over the decades.

"The energy of the waves hitting the seawalls is deflected across the lake and shoreline — that much energy being deflected can really cause destruction," he said. "Seawalls destroy that natural transition from land to water. There is no woody debris for the insects to live in. The natural shoreline stabilization techniques would restore these natural characteristics that support inland lake ecosystems and fisheries."

http://www.oaklandlakefront.com/Articles-i-2009-10-01-71239.113117_DEQ_mulls_new_shore_stabilization_approach.html