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HomeMy WebLinkAboutResolutions - 2002.05.30 - 26935MISCELLANEOUS RESOLUTION #02140 By: Commissioner Shelley G. 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 SHIAWASSEE 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 Shiawassee River 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 Shiawassee River 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 WHEREAS, 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 Sh)64see River Watershed to be filed with the Drain Commissioner for the County of Oakland; S'illey Gc DistTict #1 Lawrence A. Obrecht, District #3 A‘Ct6e7 t 737 District # (5- District # District # District # strict # District # ,Distr 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 storm water discharges, commonly referred to as Phase II Storm water regulations, within the watershed known as the Shiawassee 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 storm water 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 storm water; and WHEREAS the administration of the drain will address the Phase II requirements that include sub-watershed/ storm water 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 Shiawassee River Watershed for the purposes herein described, and for the relief of the following existing drains (the "Existing Drains"), the Garner Drain, the Patterson-Holly drain, and any future drains that serve lands located in the Charter Township of Highland, Charter Township of Springfield, Township of Groveland, Township of Rose and Village of Holly which lands drain to the Shiawassee River, the Existing Drains identified herein which Drain shall be located approximately as set forth in the Route Description attached hereto as Exhibit A. IMPROVEMENTS The proposed improvements shall comprehensively address 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 Stated Environmental Protection Agency's (USEPA) regulations pertaining to storm water discharges, commonly referred to as Phase II - Stormwater regulations, within the watershed known as the Shiawassee 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, 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, Cleric/Register of Deeds 3 i EXHIBIT "A" Shiawassee River Comprehensive Relief Drain To be located in Oakland County, Michigan, in all or part of the following: T.3N., R.7E.; Sections 1,2, 3,4, 5, 6, 7, 8, 10, 17, 18, 19, 20, 29 and 30 T.4N., R.7E.; All Sections, 1 through 36 T.5N., R.7E.; Sections 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 T.4N., R.8E.; Sections 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 28, 29, 30 and 31 T.5N., R.8E; Sections 31 and 32 Main Branch Commencing at a Point on the Shiawassee River, said point lying on the west line of Section 31, T.5N., R.7E., Holly Township, approximately 2,100 feet northerly of the southwest corner of said Section 31; thence proceeding upstream along the meanders of the Shiawassee River easterly to Point 'A", said point being located at the confluence of the Shiawassee River and an unnamed tributary watercourse flowing from the southeast, located approximately 2,200 feet northerly and 2,200 feet easterly of the southwest corner of Section 31, T.5N., R.7E., Holly Township; then continuing upstream along the meanders of the Shiawassee River easterly and northeasterly through Sections 31 and 32, through Haddon Lake and into Section 29 to the lower terminus of the Patterson and Holly Drain, located approximately 775 feet easterly and 314 feet northerly of the south 1/4 corner of Section 29, T.5N., R.7E., Holly Township, thence continuing upstream along the meanders of the Shiawassee River easterly and southeasterly through Sections 29, 32 and 28, Holly Township, Section 33, Holly Township and Village of Holly, Section 34. Village of Holly and into Section 3, Rose Township to Point 13', said point being located at the confluence of the Shiawassee River and an unnamed tributary watercourse flowing from the southeast, approximately 800 feet easterly and 250 feet southerly of the northwest corner of Section 3, T.4N., R.7E., Rose Township, thence continuing upstream along the meanders of the Shiawassee River northerly through Section 3, Rose Township and into Section 34, Village of Holly; proceeding upstream through the mill ponds located in Section 34, Village of Holly and Section 3, Rose Township into Section 2, Rose Township to Point 'C', said point being located at the confluence of the Shiawassee River and a tributary watercourse flowing from the south, located approximately 1,100 feet easterly and 1,600 feet southerly of the northwest corner of Section 2, TAN., R.7E., Rose Township; thence continuing upstream along the meanders of the Shiawassee River easterly and northeasterly through Section 2, Rose Township and into Section 35, Holly Township, through Lacey Lake, located in Section 35, Holly Township and Section 2, Rose Township; continuing upstream along the meanders of the Shiawassee River southeasterly through Allen Lake and Rattalee Lake and Sections 2, 1 and 12 of Rose Township and into Section 7, Springfield Township and continuing upstream along the meanders of the Shiawassee River southeasterly and southerly through Long Lake, Davis Lake and the Mill Pond and Sections 7, 18, 17, 16 and 21 of Springfield Township to a point of ending, said point being the outlet of Shiawassee Lake, located approximately 2,200 feet easterly and 2,000 feet northerly of the southwest comer of Section 21, T.4N., R.8E., Springfield Township. Branch No. 1 Also continuing from the afore-described Point 'A', being located at the confluence of the Shiawassee River and an unnamed tributary watercourse flowing from the southeast, approximately 2,200 feet northerly and 2,200 feet easterly of the southwest comer of Section 31, T.5N., R.7E., Holly Township; thence proceeding upstream along the meanders of the unnamed tributary watercourse southerly through Wilson Lake and Section 31, Holly Township and Sections 6 and 5, Rose Township to a point of ending, said point being the outlet of Baker Lake, located approximately 1,100 feet easterly and 1,400 feet northerly of the southwest comer of Section 5, T.4N., R.7E., Rose Township. Branch No. 2 Continuing from the afore-described Point '13', said point being located at the confluence of the Shiawassee River and an unnamed tributary watercourse flowing from the southeast, approximately 800 feet easterly and 250 feet southerly of the northwest corner of Section 3, T.4N., R.7E., Rose Township; thence proceeding upstream through Rose Township along the meanders of the unnamed tributary watercourse southeasterly, southerly and southwesterly through Sections 3, 4, 9 and 16, through Esler Lake, and continuing westerly and northwesterly upstream through Section 17 and into Section 8 to a point of ending, said point being located at the outlet of Taylor Lake, located approximately 1,700 feet easterly and 250 feet northerly of the southwest corner of Section 8, T.4N., R.7E., Rose Township. Branch No. 3 Continuing from the afore-described Point 'C', said point being located at the confluence of the Shiawassee River and a tributary watercourse flowing from the south, located approximately 1,100 feet easterly and 1,600 feet southerly of the northwest comer of Section 2, T.4N., R.7E., Rose Township; thence proceeding upstream along the meanders of the tributary watercourse southerly, southwesterly and southeasterly through Section 2, 11 and 10, Rose Township to the lower terminus of the Garner Drain, located approximately 660 feet easterly and 135 feet northerly of the southwest corner of the southwest 1/4 of the northwest 1/4 of Section 11, T.4N., R.7E., Rose Township; thence continuing upstream along the meanders of the Garner Drain southeasterly and southerly through Sections 11, 14 and Lake Braemar and into Section 23 to Point 'D', said point being the confluence of the Garner Drain and the so-called Buckhom Creek flowing from the southwest, approximately 1,400 feet westerly and 1,000 feet southerly of the northeast corner of Section 23, T.4N., R.7E., Rose Township; thence proceeding upstream along the meanders of the so-called Buckhorn Creek in a generally southwesterly and southerly direction through Sections 23, 22 and 27 and Buckhorn Lake; thence proceeding upstream southerly, southwesterly and southeasterly along the meanders of an unnamed tributary watercourse flowing into Buckhorn Lake from the south, located approximately 1,700 feet easterly and 1,600 feet southerly of the northwest corner of Section 27, Rose Township, through Sections 27, 28, 33 and 34 of Rose Township into Section 3, Highland Township to a point of ending located at the outlet of the so-called Knoblock Lake, in the northwest 1/4 of Section 3, T.3N., R.7E., Highland Township. Branch No. 4 Beginning at a Point on an unnamed tributary watercourse of the Shiawassee River, said point lying on the west line of Section 18, T.4N., R.7E., Rose Township, approximately 1,400 feet northerly of the southwest corner of Section 18, T.4N., R.7E., Rose Township; thence proceeding upstream along the meanders of the watercourse southeasterly and southerly through Sections 18 and 19 to a point of ending, said point at a level control structure for Tipsico Lake, located south of Demode Road approximately 1,570 feet easterly, 850 feet northerly of the southwest corner of Section 19, T.4N., R.7E., Rose Township. dAtwyman\kozma\shiawassee river comp\route description Resolution #02140 May The Chairperson referred the resolution to the Planning and Building Committee. There were no objections.