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HomeMy WebLinkAboutResolutions - 2002.05.30 - 26934lice A. Obrecht, District #3 MISCELLANEOUS RESOLUTION #02139 BY: Commissioner Shelley Goodman Taub, District #12 and Commissioner Lawrence A. Obrecht, District #3 IN RE: BOARD OF COMMISSIONERS - DRAIN COMMISSIONER PETITION FOR ESTABLISHMENT OF A NEW DRAINAGE DISTRICT FOR THE ROUGE RIVER WATERSHED To the Oakland County Board of Commissioners Chairperson, Ladies and Gentleman: WHEREAS by March 8, 2003 Oakland County, and most of the 61 Oakland County communities will be required to seek coverage under a general permit to comply with the U.S. Environmental Protection Agency's proposed Phase II Storm Water Regulations ("Phase II") under the federal Clean Water Act; and WHEREAS, the Phase II regulations name the communities responsible for the pollution reduction measures within their municipal boundaries; and WHEREAS, the rules and guidance of the Michigan Department of Environmental Quality encourage communities to work cooperatively on a watershed basis; and WHEREAS, the Office of the Drain Commissioner continues to facilitate the watershed activities in the Rouge Watershed; and WHEREAS, the communities most familiar with the Phase II requirements recognize the need for a long-term planning and funding mechanism to support the required storm water management activities; and WHEREAS, the Oakland County Drain Commissioner (OCDC) proposes to facilitate a program ("watershed management program") coordinated through Chapter 20 of the Drain Code of 1956, as amended, MCL 280.461. et seq., ("Chapter 20"), that will provide assistance to Oakland County communities located within the Rouge Watershed in meeting the requirements under Phase II; and WHEREAS, the purpose of this drainage district will be to comprehensively address the public health concerns associated with pollution resulting from storm water runoff, and to assist the Oakland County communities within the watershed in complying with United Stated Environmental Protection Agency's (USEPA) regulations pertaining to stormwater discharges, commonly referred to as Phase II Stormwater regulations; WHEREAS, the purpose of this drainage district will be designed to support the communities' effort to select, design, construct and maintain water quality best management practices (BMPs) to address the sources of non-point source pollution entering into the Waters of the State; and WITEREAS, the Board of Commissioners, in MR #02104, authorized $1,000,000 from its general fund for the Drain Commissioner's Watershed Management Program for the express purpose of undertaking a program that will address the Phase II requirements for both Oakland County and the local communities including watershed / stormwater planning assistance, Public Education-Outreach, and Illicit Discharge Detection and Elimination; NOW THEREFORE BE IT RESOLVED, the Oakland County Board of Commissioners hereby directs its Chairperson to execute the attached petition for the creation and establishment of an intra-county drainage district for the Rouge Riy,er Watershed, to be filed with the Drain Commissioner for the County of Oakland; Shelley Good ub, District #1 District # District # District # District # District # District # District # District # District # District # District # District # PETITION TO THE DRAINAGE BOARD FOR THE HEREINAFTER MENTIONED OAKLAND COUNTY, MICHIGAN DRAIN PROJECT WHEREAS, pursuant to Chapter 20 of the Drain Code of 1956, as amended, MCL 280.461. et seq., ("Chapter 20") and as a matter of public health, the undersigned corporation petitions the Drainage Board for the County of Oakland for the establishment, construction, operation and maintenance of an intra-county drain for the purpose of comprehensively addressing the public health concerns associated with pollution resulting from storm water runoff, and to assist Oakland County communities within the watershed in complying with United States Environmental Protection Agency's (USEPA) regulations pertaining to stormwater discharges, commonly referred to as Phase II Stormwater regulations, within the watershed known as the Rouge River; WHEREAS, the purpose of this drain will be to study, identify and eliminate the sources of pollution, flooding and other environmental impacts within the watershed; WHEREAS, the purpose of this drain will be to plan, design, construct, and maintain water quality best management practices (BMPs) to address sources of non-point source pollution entering into the waters of the State; WHEREAS, Chapter 20 of the Drain Code authorizes two or more public corporations to petition the Drainage Board to clean out, relocate, widen, deepen, straighten, extend, tile, interconnect or otherwise improve, or add branches or connections to pre-existing drains, when necessary for the public health, in the same manner as a county drain may be located, established and constructed under this chapter; WHEREAS the proposed drain will address public health, water quality and stormwater issues that include soil erosion and sedimentation control assistance, stormwater design standards and engineering, watershed drainage, operations and maintenance, and the detection and elimination of pollutants carried by stormwater; and WHEREAS the administration of the drain will address the Phase It requirements that include sub-watershed/ stormwater planning assistance, Public Education-Outreach, and Illicit Discharge Detection and Elimination. NOW THEREFORE, the undersigned public corporation hereby petitions for the location and establishment of an intra-county drain comprising of the Rouge River Watershed for the purposes herein described, and for the relief of existing drains (the "Existing Drains") and any future drains that serve the lands located in the Charter Township of Bloomfield, Charter Township of West Bloomfield, Charter Township of Commerce, Township of Southfield, Township of Novi, Charter Township of Lyon, City of Farmington Hills, City of Auburn Hills, City of Farmington, City of Novi, City of Northville, City of Wixom, City of Walled Lake, City of Bloomfield Hills, City of Birmingham, City of Pontiac, City of Troy, City of Rochester Hills, City of Southfield, City of Lathrup Village, City of Oak Park, Village of Franklin, Village of Bingham Farms, and Village of Beverly Hills and which lands drain to the Rouge River, the Existing Drains identified in Exhibit A which Drain shall be located approximately as set forth in the Route Description attached hereto as Exhibit B. IMPROVEMENTS The proposed improvements shall comprehensively address the public health concerns associated with pollution resulting from stormwater runoff, and to assist Oakland County communities within the watershed in complying with United Stated Environmental Protection Agency's (USEPA) regulations pertaining to stormwater discharges, commonly referred to as Phase II Stormwater regulations, within the watershed known as the Rouge River; The proposed improvements will include studying, identifying and elimination of the sources of pollution, flooding and other environmental impacts within watershed; The proposed improvements will be designed to plan, design, construct and maintain water quality best management practices (BMPs) to improve water quality and to address the sources of non-point source pollution, such as construction and acquiring drain facilities, where necessary, to purify the flow of discharges entering into the waters of the State; which Drain is necessary for the public health and will carry drainage water originating in the County of Oakland only. Pursuant to the authority set forth in Section 482 of the Drain Code, any one or more of the drains or any portion thereof, now or hereafter existing, may be cleaned out, 2 relocated, widened, deepened, straightened, extended, tiled, interconnected or otherwise improved, or branches added or connected thereto, when necessary for the public health. Pursuant to the authority set forth in Section 478, and the drainage board's obligations under Section 423 of the Drain Code, the operation and maintenance of the Drain shall be carried out in such manner as to comprehensively address the public health and water quality concerns associated with pollution resulting from storm water storm water runoff, and to assist the undersigned public corporation(s) in its compliance with United States Environmental Protection Agency's (USEPA) regulations pertaining to stormwater discharges, commonly referred to as Phase II Stormwater Regulations. Because two or more public corporations, constituting as a whole contiguous territory, are served by 1 or more of the Existing Drains, and it is necessary for the public health to supplement the Existing Drains by constructing the Relief Drain, which may consist of new drains and branches and connections thereto or extensions, enlargements, branches, connections or improvements, described in Section 482 of the Drain Code, to the Existing Drains, or any combination thereof, then pursuant to Section 485 of the Drain Code the Relief Drain shall be constructed as a whole and the word "Relief Drain" set forth in this petition shall be deemed to include such a project. This petition is filed pursuant to the provisions of Section 463 of Chapter 20 of Act No. 40 of the Public Acts of 1956, as amended. It is understood and agreed that the cost of the Relief Drain is to be assessed against this petitioner for benefits related to the drainage of county roads and all other public corporations that benefit from the Relief Drain project and contribute to the conditions that make the Relief Drain project necessary, including the State of Michigan for benefits related to the drainage of State highways, if any. A certified copy of the resolution of the governing body of the public corporation executing this petition authorizing its execution is attached hereto. COUNTY OF OAKLAND By: Thomas A. Law, Chairperson By: G. William Caddell, Clerk/Register of Deeds 3 Exhibit A — "Existing Drains" Oakland County Drains Rouge River Watershed Chapter 4 Drains Drain Acacia Park Amy Beverly Manor #1 Bloomfield Highland Bloomfield Village #2 Clarenceville Clarenceville Ext. Courter Davis DeConick Dun Scotus Evans Francis German Graves Griffin Hazel Kemp Leon McClung Martha Washington McKinley Minnow Pond Morgan Oak Knob Oxford Avenue Pearl St. Seeley Sherman Southfield No. 1 Sprague Sunken Bridge Taylor Townline Tulane US-16 Waldron Ward Location Beverly Hills (Birmingham) Bloomfield Township Southfield Bloomfield Township Bloomfield Township Farmington Hills Farmington Hills Farmington Hills Novi West Bloomfield Southfield Southfield Novi/ Farmington Hills West Bloomfield Bloomfield Township Southfield Southfield West Bloomfield Walled Lake Southfield Southfield Southfield Farmington Hills Southfield Bloomfield Township Farmington Hills Farmington Hills Novi/ Farmington Hills Southfield Southfield Troy Bloomfield Hills (Bloomfield Township) Rochester Hills Novi Farmington Hills Farmington Hills Bloomfield Township West Bloomfield Exhibit A — "Existing Drains" Oakland County Drains Rouge River Watershed Chapter 18 Drains Drain Location Arbors of West Bloomfield West Bloomfield Aspen Ridge Condominium West Bloomfield Autumn Ridge Estates West Bloomfield Bloomfield Glen Health Center West Bloomfield Bloomfield Pines West Bloomfield Chelsea Park West Bloomfield Chimney Hill Apartments West Bloomfield Crown Center West Bloomfield Drakeshire Condominium West Bloomfield Fairfield Estates West Bloomfield Golden Gate Estates West Bloomfield Greenpointe Condominium West Bloomfield Greenpointe North West Bloomfield Knollwood Commons West Bloomfield Lakeview of Woodland Ridge West Bloomfield Maple Creek West Bloomfield Maple Place Condominium West Bloomfield Maple Place Woods West Bloomfield Maplecroft West Bloomfield Mapleridge Condominium West Bloomfield Maplewoods North Sub. West Bloomfield Oakbrooke Condominium West Bloomfield Peggy Street West Bloomfield Perrytown Estates West Bloomfield Pleasant Lake North West Bloomfield Professional Village of W. Bloomfield West Bloomfield Ravines of West Bloomfield West Bloomfield Royal Pointe West Bloomfield Sherwood Creek Cluster Homes West Bloomfield Silverbrook Villa Apartments West Bloomfield Simsbury Condominium West Bloomfield Simsbury North West Bloomfield Simsbury Plaza West Bloomfield Southwyck West Bloomfield Stonebridge West Bloomfield Thornberry West Bloomfield Village Square West Bloomfield Village Square North West Bloomfield Villas of Maple Creek West Bloomfield Walnut Creek West Bloomfield Walnut Hills of W. Bloomfield West Bloomfield Walnut Woods West Bloomfield Exhibit A — "Existing Drains" Oakland County Drains Rouge River Watershed Chapter 18 Drains Drain Location Walnut Woods, Branch No. 1 West Bloomfield West Bloomfield Place West Bloomfield Westbrooke West Bloomfield Westwood Park West Bloomfield Woodcliff on the Lake West Bloomfield Woodland Ridge West Bloomfield Wyndham Pointe West Bloomfield Exhibit A — "Existing Drains" Oakland County Drains Rouge River Watershed Chapter 20 Drains Drain Acacia Park Austin Birmingham CSO Bloomfield Hills CSO Bloomfield Township CSO Bloomfield Village CSO Blue Heron Borden Brennan Caddell Calhoun Case Chester Claude H. Stevens Coy Daly Devonshire Dorothy Webb Ear!moor Edwards Relief Eight Mile Emily Evergreen Flannery Fracassi Gronkowski Hamlin Hayward Hollander Jilbert Kollar Law Levinson Lueders Luz Lynn D. Allen McDonnell McIntosh Minnow Pond Mullen Murphy Nichols Relief Franklin Subwatershed Taub Location Birmingham Southfield Birmingham Bloomfield Hills Bloomfield Township Bloomfield Township West Bloomfield Rochester Hills Southfield Farmington Hills Southfield Bloomfield Township Rochester Hills Bloomfield Township Farmington Hills Bloomfield Hills Bloomfield Township West Bloomfield Bloomfield Township West Bloomfield Southfield Southfield Southfield Southfield Southfield Southfield Bloomfield Township Bloomfield Township Southfield Southfield West Bloomfield Bloomfield Township Auburn Hills/Bloomfield Township Rochester Hills Bloomfield Township Bloomfield Township Southfield West Bloomfield Farmington Hills West Bloomfield Bloomfield Township Bloomfield Township West Bloomfield West Bloomfield Drain Location Northwestern Storm O'Donahue Owens Relief Pebblecreek Perinoff Peterson Powers Robert A. Reid Robert J. Evans Rummell Relief Southfield Road Snyder Stewart Relief Ten Mile Rouge San Drain Twelve Mile Relief (Part of) Wagner Wilcox Southfield Southfield Southfield Farmington Hills Southfield Southfield West Bloomfield Bloomfield Township Rochester Hills Southfield Southfield Southfield Southfield Farmington Hills Oak Park Southfield Southfield Exhibit A — "Existing Drains" Oakland County Drains Rouge River Watershed Chapter 20 Drains EXHIBIT "B" Rouge River Comprehensive Relief Drain To be located in Oakland County, Michigan, in all or part of the following: a T.1N., R.7E.; T. IN., R.8E.; T.2N., R.8E.; T.1N., R.9E.; T.2N., R.9E.; T.1N., R.10E.; T.2N., R.10E.; T.3N., R.10E.; T.1N., R.11E.; T.2N., R.11E.: T.3N., R.11E.; Branch No. 1 Sections 35 and 36 Sections 1, 2, 3, 4, 5, 8,9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, and 36 Sections 25, 34, 35 and 36 All Sections, 1 through 36 Sections 1, 12, 13, 14, 15, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 All Sections, 1 through 36 All Sections, 1 through 36 Sections 34, 35 and 36 Sections 31 and 32 Sections 4, 5,6, 7, 8, 17, 18, 19 and 30 Sections 28, 29, 30, 31, 32, and 33 Beginning at a Point on a branch of the Rouge River (Walled Lake Branch), said point lying on the south line of Section 35, T.1N., R.8E., City of Novi, approximately 100 feet easterly of the southwest corner of said Section 35, thence proceeding along the meanders of the river upstream in a northerly and westerly direction into Section 34, City of Northville; thence continuing upstream along the meanders of the river northerly and easterly through said Section 34, thence continuing through Section 35 and into Section 26, City of Novi to Meadowbrook Lake; thence continuing through Meadowbrook Lake and northerly and westerly upstream along the meanders of the river through Sections 26, 23, 22, 15 10, 9, 10 and into Section 3, City of Novi to a point of ending in Walled Lake at the lake level control structure, located approximately 1,100 easterly and 1,900 feet northerly of the southwest corner of Section 3, T.1N., R.8E., City of Novi. Branch No. 2 Beginning at a point on a branch of the Rouge River (Upper Rouge River), said point lying on the south line of Section 36, T.1N., R.9E., City of Farmington Hills, approximately 2,300 feet easterly of the southwest corner of said Section 36; thence proceeding upstream along the meanders of the watercourse in a northwesterly direction through Sections 36, 35 and 34, into Section 27, City of Farmington; thence continuing upstream along the meanders of the watercourse northwesterly through said Sections 27 and 28 into Section 21, City of Farmington Hills; thence continuing upstream along the meanders of the watercourse northwesterly through said Section 21 and into Section 16, City of Farmington Hills to Point "A", said point being the confluence of a watercourse flowing from the west and a watercourse flowing from the east, located approximately 1,500 feet easterly and 1,300 feet northerly of the southwest corner of Section 16, City of Farmington Hills; thence proceeding upstream in a westerly direction along the meanders of the watercourse through Sections 16 and 17 into Section 18, City of Farmington Hills to a point of ending, said point being the lower terminus of the Seeley Drain, located on the quarter section line, 500 feet westerly of the quarter section corner of Sections 17 and 18, T.1N., R.9E., City of Farmington Hills. Branch No. 3 Proceeding from the aforedescribed Point "A", located approximately 1,500 feet easterly and 1,300 feet northerly of the southwest corner of Section 16, City of Farmington Hills; thence proceeding upstream in an easterly, northerly and westerly direction along the meanders of the watercourse through Sections 16, 15 and into Section 10, City of Farmington Hills to a point of ending, said point being located at the lower terminus of the Minnow Pond (Chapter 4) Drain, located on the east line of the W. 'A of the N.W. 1/4 of Section 10, T.1N., R.9E., City of Farmington Hills. Branch No. 4 Beginning at a Point on the Main Branch of the Rouge River said point lying on the south line of Section 32, T.1N., R.10E., City of Southfield, approximately 800 feet westerly of the southeast corner of said Section 32, thence proceeding upstream along the meanders of the watercourse northwesterly and northeasterly through Sections 32, 21, 30, 29 20 and 17 and into Section 16, City of Southfield to the lower terminus of the proposed Franklin Branch of the Rouge River Drain, said lower terminus lying approximately 2,100 feet southerly and 550 feet easterly of the northwest corner of Section 16, T.1N., R.10E., City of Southfield; thence continuing upstream along the meanders of the Main Branch of the Rouge River northeasterly through Section 16, City of Southfield, Section 9, City of Southfield and the Villages of Bingham Farms and Beverly Hills and Sections 10, 3 and 2, Village of Beverly Hills and into Section 35, T.2N., R.10E., Bloomfield Township and City of Birmingham and into Section 36, City of Birmingham to a Point "B", said Point "B" being the confluence of a branch of the Rouge River flowing from the northwest and the Main Branch of the Rouge River flowing from the northeast, lying approximately 50 feet easterly and 300 feet southerly of the northwest corner of Section 36, T.2N., R.10E., City of Birmingham; thence continuing upstream along the meanders of the Main Branch of the Rouge River northeasterly through Sections 25 and 24, City of Birmingham and Bloomfield Township and into Section 19, T.2N., R.11E., City of Troy; thence continuing upstream along the meanders of the watercourse through Section 19, 18, 7 and into Section 8, City of Troy to a point of ending, said point being the lower terminus of the Sprague Drain approximately 400 feet west of the north-south 1/4 line and 1,155 feet south of the north line of Section 8, T.2N., R.11E. City of Troy. Branch No. 5 Proceeding from the afore-described Point "B", located approximately 50 feet easterly and 300 feet southerly of the northwest corner of Section 36, T.2N., R.10E., City of Birmingham; thence proceeding upstream along the meanders of a branch of the Rouge River flowing from the northwest, northerly and northwesterly through a portion of Sections 36, 35 and into Section 26, City of Birmingham to Quarton Lake, thence continuing upstream through Quarton Lake through Sections 26 and 25 into Section 23, City of Bloomfield Hills to Endicott Lake; thence continuing upstream through Endicott Lake in a northerly and northwesterly direction along the meanders of the watercourse through Section 23 to Cranbrook (Kingsbrook) Lake; thence proceeding upstream Cranbrook (Kingsbrook) Lake into Section 22, City of Bloomfield Hills; thence continuing upstream along the meanders of the watercourse in a northeasterly and northerly direction through Sections 22, 23 and 14, City of Bloomfield Hills to a point of ending, said point being the lower terminus of the Sunken Bridge Drain, located on the east line of Section 15, 1,185 feet north of the southeast corner of Section 15, T.2N., R.10E., City of Bloomfield Hills. Branch No. 6 Beginning at a Point on a branch of the Rouge River, said point lying on the south line of Section 33, T.1N., R.10E., City of Southfield, approximately 2,200 feet easterly of the southwest corner of said Section 33; thence proceeding upstream along the meanders of the watercourse northeasterly and northerly through Sections 33, 28, 27 and into Section 22, City of Southfield to a point of ending, said point being the lower terminus of the Rummell Relief Drain, located approximately 1,400 feet westerly and 1,200 feet northerly of the southeast corner Section 22, T.1N., R.10E., City of Southfield. dAtwyman\kozma\rougerivercomprehensive Resolution #02139 May 30, 2002 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. b •