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HomeMy WebLinkAboutResolutions - 2002.05.30 - 26936MISCELLANEOUS RESOLUTION # 02141 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 FLINT 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 Flint 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 Flint 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 storm water discharges, commonly referred to as Phase II Storm Water 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 / storm water 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 Flint Riyer Watershed to be filed with the Dr Commissioner for the County of Oakland; ce A. Obrecht, District #3 Shelley Goo, hub, District #12 District # District # District # 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 storm water discharges, commonly referred to as Phase II Storm water regulations, within the watershed known as the Flint 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, storm water 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 Flint River Watershed for the purposes herein described, and for the relief of the following existing drains (the "Existing Drains"), A.J. Taylor Drain, Bald Eagle Lake Drain, Craft Drain, Field Drain, Kent Drain, Swartz Creek Drain, Swartz Creek No. 2 Drain, Tiffany & Smith Drain, Woolman-Wells Drain and any future drains that serve lands located in the Charter Township of Brandon, Township of Groveland, Township of Holly, Charter Township of Independence, Charter Township of Oxford, Charter Township of Springfield, Township of Addison, Village of Ortonville, and Village of Holly and which lands drain to the Flint 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 Storm water regulations, within the watershed known as the Flint 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. 2 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 G. William Caddell, Clerk/Register of Deeds 3 EXHIBIT "A" Flint River Comprehensive Relief Drain To be located in Oakland County, Michigan, in all or part of the following: T.5N., R. 11E.,; Sections 4 through 8 T.5N., R. 10E.,; Sections 1 through 16 T.5N., R. 9E.,; Sections 1 through 11, 14 through 22 and 27 through 34 T.4N., R. 9E.,; Sections 4, 5, 6, 8 and 9 T.5N., R. 8E.,; All Sections 1 through 36 T.4N., R. 8E.,; Sections 1 through 6 T.5N., R. 7E.,; Sections 1 through 26, 28 through 31, 35 and 36 Branch No. 1 Beginning at a point on the so called Swartz Creek, said point lying on the West line of Section 18, T.5N., R.7E., Holly Township, approximately 2600 feet southerly of the Northwest corner of said Section 18; thence proceeding upstream along the meanders of the watercourse southeasterly, northerly and easterly through Sections 18, 7 and 8 of Holly Township, a portion of said watercourse also being the Swartz Creek No.2 Drain, to Point "A", said point lying in Section 8, T.5N., R.7E., Holly Township, at the confluence of the Swartz Creek and an unnamed tributary watercourse from the north, located approximately 1900 feet easterly and 800 feet northerly of the southwest corner of Section 8, T.5N., R.7E., Holly Township; thence proceeding upstream along the meanders of the watercourse easterly, southeasterly, southerly and northeasterly through Section 8 and Mill Pond and Sections 9, 16, 22 and 15 of Holly Township, a portion of said watercourse in Sections 9, 16, 22 and 15 also being the Swartz Creek Drain, to Point "B", said point lying in Section 15, T.5N., R.7E., Holly Township, at the confluence of the Swartz Creek and an unnamed tributary watercourse from the northeast, located approximately 800 feet west of the southeast corner of said Section 15, T.5N., R.7E., Holly Township; thence proceeding upstream along the meanders of the Swartz Creek southeasterly through Section 22 and easterly through Section 23 to a point of ending, said point being the outlet of Crotched Lake, located approximately 1760 feet east and 1800 feet south of the northwest corner of Section 23, T.5N., R.7E., Holly Township. Branch No. 2 Beginning at the afore-described Point "A", said point lying at the confluence of the Swartz Creek and an unnamed tributary watercourse from the north, located approximately 1900 feet easterly and 800 feet northerly of the southwest corner of Section 8, T.5N., R.7E., Holly Township; thence proceeding upstream along the meanders of the unnamed tributary watercourse in a generally northerly, easterly and northerly direction through Sections 8, 5, 4 and Kennedy Lake, Holly Township, to a point of ending, said point being on the north shore of Kennedy Lake and being the lower terminus of the Bare Intercounty Drain, located approximately 1300 feet south and 60 feet west of the north 1/4 corner of Section 4, T.5N., R.7E., Holly Township. Branch No. 3 Beginning at the afore-described Point "B", said point lying at the confluence of the Swartz Creek and an unnamed tributary watercourse from the northeast, located approximately 800 feet west of the southeast corner of said Section 15, T.5N., R.7E., Holly Township; thence proceeding upstream along the meanders of the unnamed tributary watercourse northeasterly through Sections 15, 14 and 13 and through Holridge Lakes to a point of ending, said point being the outlet of Walton Lake located approximately 2860 feet east and 480 feet south of the northwest corner of Section 13, T.5N., R.7E., Holly Township. Branch No. 4 Beginning at a point on the so called Thread Creek, said point being on the north line of Section 5, T.5N., R.8E., Groveland Township, approximately 1780 feet east of the northwest corner of said Section 5; thence proceeding upstream along the meanders of the watercourse southerly through Section 5 and Algoe Lake; thence proceeding upstream along the meanders of the watercourse southwesterly through Sections 6, 7, 18, 19 and 20 and through Stewart Lake; thence proceeding upstream along the meanders of the watercourse southeasterly through Section 29 to a point of ending, said point being the outlet of Heron Lake, located approximately 1940 feet south and 360 feet west of the northeast corner of Section 29, T.5N., R.8E., Groveland Township. Branch No. 5 Beginning at a point on the so called Kearsley Creek, said point being on the north line of Section 1, T.5N., R.8E., Groveland Township, approximately 1800 feet west of the northeast corner of said Section 1; thence proceeding upstream along the meanders of the watercourse southerly through Section 1, Groveland Township and Sections 7 and 18, Brandon Township and the Village of Ortonville, to Point "C", said point lying in Section 18, T.5N., R.9E., Village of Ortonville, at the confluence of the Kearsley Creek and the so called Duck Creek from the southwest, located approximately 1400 feet east and 960 feet south of the northwest corner of said Section 18, Village of Ortonville; thence proceeding upstream along the meanders of the watercourse northeasterly and southeasterly to Point "D", said point lying in Section 18, T.5N., R.9E., Brandon Township, at the confluence of the Kearsley Creek and an unnamed tributary watercourse from the east, approximately 2400 feet north and 1200 feet west of the southeast corner of said Section 18, Brandon Township; thence proceeding upstream along the meanders of the watercourse southerly through Section 19, Brandon Township, to a point of ending, said point being the lake level control structure for Lake Louise, south of Glass Road, located approximately 840 feet west and 1500 feet north of the southeast corner of Section 19, T.5N., R.9E., Brandon Township. Branch No. 6 Beginning at the afore described Point "C", said point lying at the confluence of the Kearsley Creek and the so called Duck Creek from the southwest, located approximately 1400 feet east and 960 feet south of the northwest corner of said Section 18, Village of Ortonville; thence proceeding upstream along the meanders of Duck Creek southwesterly through Section 18, Village of Ortonville and Brandon Township and Section 19, Brandon Township and into Sections 13, 24, 25 and 26, Groveland Township to a point of ending, said point lying in said Section 26, approximately 2200 feet north and 700 feet west of the southeast corner of Section 26, T.5N., R.8E., Groveland Township. Branch No. 7 Beginning at the afore described Point "D", said point lying at the confluence of the Kearsley Creek and an unnamed tributary watercourse from the east, approximately 2400 feet north and 1200 feet west of the southeast corner of said Section 18, T.5N., R.9E., Brandon Township; thence proceeding upstream along the meanders of the unnamed tributary watercourse southeasterly, northeasterly and easterly through Sections 18, 17, 16, 15 and 10, Brandon Township, a portion of said watercourse in Sections 16, 15 and 10 also being a part of the Woolman/Wells Drain, to Point "E", said point lying in Section 10, T.5N., R.9E., Brandon Township, at the confluence of the unnamed tributary watercourse from the east and an unnamed tributary watercourse from the northwest, located approximately 600 feet east and 1300 feet north of the southwest corner of Section 10, T.5N., R.9E., Brandon Township; thence proceeding upstream along the meanders of the unnamed watercourse from the east easterly through said Section 10 to a point of ending, said point also being the lower terminus of the Woolman/Wells Drain, located on the south line of the northwest 1/4 of the southwest 1/4 of Section 10, Brandon Township, Oakland County, Michigan, said point being distant west 475 feet, more or less, from the southeast corner of said parcel. Branch No. 8 Beginning at the afore described Point "E", said point lying at the confluence of the unnamed tributary watercourse from the east and an unnamed tributary watercourse from the northwest, located approximately 600 feet east and 1300 feet north of the southwest corner of Section 10, T.5N., R.9E., Brandon Township; thence proceeding upstream along the meanders of the unnamed tributary watercourse from the northwest northwesterly through Sections 10 and 9, T.5N., R.9E., Brandon Township to a point of ending, said point being the lower terminus of the Craft Drain, as originally described lying 528 feet west of the east line of Section 9, T.5N., R.9E., Brandon Township. Branch No. 9 Beginning at a point on the so called South Branch of the Flint River, said point lying on the north line of Section 3, T.5N., R.10E., Oxford Township, approximately 700 feet west of the northeast corner of said Section 3; thence proceeding upstream along the meanders of the South Branch of the Flint River southerly through Sections 3 and 10 and Horseshoe Lake located in Section 10, Oxford Township to a point of ending, said point being on the southwest shore of Horseshoe Lake, located approximately 2300 feet south and 1200 feet west of the northeast corner of Section 10, T.5N., R.10E., Oxford Township. A Branch No. 10 Beginning at a point on an unnamed tributary watercourse to the so called South Branch of the Flint River, said point lying on the north line of Section 5, T.5N., R.11E., Addison Township, approximately 1100 feet west of the northeast corner of said Section 5; thence proceeding upstream along the meanders of the watercourse southerly through Section 5 to a point of ending, said point being located approximately 1700 feet east and 100 feet north of the southwest corner of Section 5, T.5N., R.11E., Addison Township. 1 Resolution #02141 May 30, 2002 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections.