Current through Vol. 24-04, March 15, 2024
Rule 4. As used in these rules:
(a) "High quality waters" means any of the
following:
(i) Wild and scenic rivers
designated under the federal wild and scenic rivers act of 1991,
Public Law
102-249, 16 U.S.C. 1271 et seq.
(ii) River reaches designated under part 305
of Act No. 451 of the Public Acts of 1994, as amended, MCL 324.30501 et
seq.
(iii) All inland lakes
identified in the publication entitled, "Coldwater Lakes of Michigan," as
published in August 1976 by the department of natural resources, under the
authority of part 411 of 1994 PA 451, MCL 324.41101 et seq., and which are
designated for, and protected as, coldwater fisheries.
(iv) All lakes which have public access,
which are greater than or equal to 40 acres in size, which are identified in
the publication entitled, "Designated Trout Lakes and Regulations," dated
September 10, 1998, by the director of the department of natural resources
under the authority of part 411 of 1994 PA 451, MCL 324.41101 et seq., and
which are designated, and protected as, coldwater fisheries.
(v) All streams identified in the publication
entitled, "Designated Trout Streams for the State of Michigan," director's
order no. DFI-101.97, by the director of the department of natural resources
under the authority of section 48701(m) of 1994 PA 451, MCL 324.48701(m), and
which are designated for, and protected as, coldwater fisheries.
(vi) Great lakes and connecting
waters.
(vii) Other waterbodies
that the applicant can demonstrate to the department contain an abundance,
diversity and widespread distribution of members from each of the order
plecoptera (stoneflies), ephemeroptera (mayflies), and trichoptera
(caddisflies), which are indicators of high quality waters.
(b) "In-kind services" means
direct services which are related to the project and which are provided by the
applicant or its partner, including any of the following:
(i) Salaries and wages of project staff and
others working on the project.
(ii)
Time donated to the project, including media time related to the
project.
(iii) Cost of rental or
purchase of equipment, materials, or supplies.
(iv) Costs of collecting and analyzing water
samples to document improvement in water quality.
(v) Costs of installing best management
practices or materials donated for the implementation of best management
practices.
(vi) Other resources
acceptable to the department.
(c) "LaMP" means a lakewide management plan
developed under the Great Lakes water quality agreement between Canada and the
United States, as amended in 1987.
(d) "Local unit of government" means any of
the following entities:
(i) A county, city,
village, or township or an agency of a county, city, village, or
township.
(ii) The office of a
county drain commissioner.
(iii) A
soil conservation district established under part 93, entitled "Soil
Conservation Districts," of 1994 PA 451, MCL 324.9301 et seq.
(iv) A watershed council.
(v) A local health department as defined in
section 1105 of 1978 PA 368, MCL 333.1105.
(vi) An authority or any other public body
created by or under state law.
(e) "Low tritium public water supply" means a
community supply that has had its well water sampled for tritium and had sample
results of not more than 1.0 tritium unit.
(f) "Maintenance contract" means a contract
for the long-term maintenance of best management practices.
(g) "Match" means that portion of the total
project cost that is to be provided by the applicant or its partners from
public or private funding sources other than clean Michigan initiative funds
and federal clean water act funds awarded as grants by the state.
(h) "Monitoring activity or activities" means
any activity or activities carried out to implement the surface water
monitoring strategy or provide data to demonstrate water quality improvements
as part of the clean water fund grant activities in R 324.8907(1)(c) to (h),
including any of the following:
(i) Measuring
the chemical character of surface waters of the state, including sediments,
fish and wildlife, and measuring stream flow.
(ii) Monitoring the health and condition of
associated aquatic communities and physical habitats of surface waters of the
state.
(iii) Analyzing and
reporting any associated environmental data.
(i) "Nonprofit entity" means an entity that
is exempt from taxation under section 501(c)(3) of the internal revenue code.
(10) "NPDES" means the national pollutant
discharge elimination system.
