Section 323.3104. Application for permit or certificate of coverage.

(1) An applicant shall file an application for a permit or a certificate of coverage with the department on a form provided by the department.   An application shall include all of the following information:

(a)     The active ingredient or chemical trade name, and proposed application rate for each chemical proposed for use.

(b)     A map or maps, to scale, of the waterbody which clearly delineates the proposed area or areas of impact for each chemical type.

(c)     The name,  address  or   lot  number,  and  telephone   number  for  all bottomland owners whose property is in the proposed area of impact, except as follows:

(i)     If the proposed area of impact is to involve the property of 5 or more bottomland owners, contact information is required for 5 persons who will know the date of treatment, the chemicals used, and the area or areas of impact for each chemical treatment.

(ii)     If an applicant has an  emergency  notification  procedure,  contact information is required for 1 person who will know the date of treatment, the chemicals used, and the area or areas of impact for each chemical treatment.

(iii)     If an applicant has contracted with a person to provide chemical treatment of aquatic nuisances, who has an emergency notification procedure, the applicant shall identify the person and provide a copy of the contract or authorization form.

(d)        Any additional information the department deems pertinent to   reaching a decision.

(2)     An applicant shall provide a  lake   management  plan  as  part  of  an application for permit, if a whole lake treatment is proposed.

(3)    The department may require an applicant to provide a lake management plan as part of an application for permit based on the type  of  proposed chemical treatment (for example, treatments evaluating the effectiveness of a pesticide) or on the significance of proposed impacts on natural resources (for example, treatments where threatened or endangered species  or  habitats are present, treatment of a waterbody where removal of a large portion of native aquatic vegetation is proposed), or on the extent of bottomlands owned by public institutions. If a lake management plan is required,  then the department shall notify potential applicants at least 1 year in advance of the requirement. At a minimum, notification  shall   be  posted  on  the department internet web site, and shall be published in pertinent  department publications.

(4)        A lake management plan shall be provided on department forms and shall include, at a minimum, all of the following:

(a)    All of the following physical characteristics of the waterbody:

(i)     Location.

(ii)     Lake size.

(iii)     Maximum depth.

(iv)     Mean depth.

(v)     Size of littoral zone.

(vi)     Shoreline length.

(vii)     Retention time.

(viii)     Location map.

(ix)     Bathymetric map, including all of the following:

(A)    Tributaries.

(B)    Outlets.

(C)    Public/private access sites.

(D)    ) Public land.

(E)    ) Critical fish spawning areas.

(F)    )  Wetlands.

(G)    )  Special habitats.

(H)    )  Parks.

(I)    )  Water control structures.

(b)     A description of the water quality, including data for  water   quality indicators, such as dissolved  oxygen,  temperature,  total  alkalinity,  and transparency (secchi disk).

(c)     All of the following biological characteristics of the waterbody:

(i)     Aquatic vegetation map(s) and data analysis.

(ii)     Total higher aquatic plant surface coverage.

(iii)          A   description   of   the   fish,   wildlife,  and   plant   communities, including identification of any special concern,  threatened,   or endangered species.

(d)      Land use activities including a description of the  land   use,  and  a land use

map.

(e)     History of waterbody management.

(f)         Documentation  of  opportunities   for  involvement   in  plan  development    by

stakeholders and agencies responsible for managing  public  trust   resources, including a description of all input obtained.

(g)     Vegetation management plan that includes a description of the aquatic nuisance problem, management goals, management goal maps, management options, proposed actions necessary to attain the management goals, management timeline, and monitoring and evaluation processes.

(5)     The department shall either issue or deny a certificate of coverage within 15 working days after receipt of a complete application. If denied, the department shall notify the applicant, in writing,  of the reasons for denial.

(6)     The department shall issue a permit, grant the permit in part, or deny the permit within 30 working days after receipt of a complete application. If denied or granted in part, the department shall notify the  applicant,  in writing, of the reasons for denial.

(7)    An applicant shall obtain authorization to  chemically treat  the proposed area or areas of impact by obtaining written permission from each person who owns bottomlands in the area or areas of impact. The applicant shall maintain the written permission for 1 year from the expiration date of the permit, and shall make the records available to the department upon request. Written permission from each bottomland owner is not required if the applicant is providing, or has contracted to provide, chemical  treatment for either of the following:

(a)    )  A lake board established under part 309 of 1994 PA 451.

(b)      A state or local government acting under authority of state law to conduct lake improvement projects or to control aquatic vegetation.

History: 1979 AC; 2003 AACS.