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HomeMy WebLinkAboutResolutions - 2002.05.30 - 26937& Ca, ence A. Obrecht, District #3 MISCELLANEOUS RESOLUTION #02142 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 HURON 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 Huron 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 Huron 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 Huron River Watershed to be filed with the Drain Commissioner for the County of Oakland; Shelley Good(nAn1/4Thub, District #12 / 7 District # District # District # - District # District # District # District # District # District # 2 2 District # District # .zolw 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 Huron 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 Huron 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 Highland, Charter Township of Springfield, Charter Township of White Lake, Charter Township of Milford, Charter Township of West Bloomfield, Charter Township of Lyon, Charter Township of Waterford, City of Novi, City of Wixom, City of Walled Lake, City of South Lyon, City of the Village of Orchard Lake, Village of Milford and Village of Wolverine Lake and which lands drain to the Huron 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 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 ll Storm water regulations, within the watershed known as the Huron 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 storm water discharges, commonly referred to as Phase II Storm water 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 Page 1 of 3 05/28/02 EXHIBIT "A" HURON RIVER WATERSHED DRAIN LOCATION CHAPTER 4 DRAINS Arthur Milford Blackwood Lyon Chatfield Highland Greenaway Walled Lake Holden Milford Lyon No. 1 Lyon Maynard Commerce _ New Hudson Lyon New Hudson No. 1 Lyon Norton Lyon Novi-Lyon Lyon Patton Lyon Sibley Wixom Sinclair Lyon South Lyon No. 1 South Lyon Sayres South Lyon Taylor-Ladd Commerce Webb Commerce Wessinger Milford White and Duck Lake Highland Wixom Wixom Yerkes South Lyon Page 2 of 3 05/28/02 EXHIBIT "A" HURON RIVER WATERSHED DRAIN LOCATION CHAPTER 18 DRAINS Birchwood Park West Bloomfield Fairfield Estates * , West Bloomfield Field View Acres West Bloomfield Golden Gate Estates * West Bloomfield Green Lakes Crossing West Bloomfield Halsted-Pontiac Trail West Bloomfield Huntwood Meadows West Bloomfield Lagoons of West Bloomfield West Bloomfield Maple Place Villas West Bloomfield Northwoods Forest West Bloomfield Orchard Lake Woods West Bloomfield Orchards Condominium West Bloomfield Palais Le Duc West Bloomfield Park Ridge West Bloomfield Park Ridge South West Bloomfield Pleasant Lake North * West Bloomfield Silverbrook Villa Apartments West Bloomfield West Bloomfield Manor West Bloomfield West Bloomfield Oaks West Bloomfield West Bloomfield Ridge Drain West Bloomfield Westwind Lake West Bloomfield Whispering Woods West Bloomfield Willow Woods West Bloomfield Wyndham Pointe West Bloomfield * Indicates in two watersheds EXHIBIT "A" HURON RIVER WATERSHED DRAIN LOCATION CHAPTER 20 Doyon West Bloomfield Finney Highland Montante _ Commerce Page 3 of 3 05/28/02 EXHIBIT "B" Huron River Comprehensive Relief Drain To be located in Oaldand County, Michigan, in all or part of the following: T.1N., R.7E.; All Sections, 1 through 36 T.2N., R.7E.: All Sections, 1 through 36 T.3N., R.7E.: All Sections, 1 through 36 T.4N., R.7E.: Section 36 T.1N., R.8E.; Sections 1, 2, 3, 4, 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 29, 30, 31 and 32 T.2N., R.8E.; All Sections, 1 through 36 T.3N., R.8E.: All Sections, 1 through 36 T.4N., R.8E.: Sections 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 T.2N., R.9E.; Sections 5, 6, 7, 8, 9, 15, 16, 17, 18, 19, 20, 21, 22, 28, 29 and 30 T.3N., R.9E., Sections 7, 18, 19, 31 and 32 Branch No. 1 Beginning at a Point on a branch of the Huron River, said point lying on the west line of Section 31, T. 1N., R.7E., City of South Lyon, approximately 25 feet southerly of the northwest corner of said Section 31; thence proceeding upstream along the meanders of the watercourse in a southeasterly direction through a portion of Section 31, City of South Lyon and Lyon Township to a point of ending, said point being the lower terminus of the Underhill Drain, located approximately 342 feet south and 297 feet east of the northwest corner of the south 1/2 of the northeast 1/4 of Section 31, T. 1N., R.7E., City of South Lyon. Branch No. 2 Beginning at a Point on a branch of the Huron River, said point lying on the west line of Section 19, T. IN., R.7E., City of South Lyon, approximately 1,400 feet southerly of the northwest corner of said Section 19, thence proceeding upstream along the meanders of the watercourse easterly through Section 19 to a point of ending, said point being the lower terminus of the South Lyon Drain No. 1, located in the northwest 1/4 of Section 19 approximately 600 feet west and 150 feet north of the southwest corner of the northwest 1/4 of the northeast 1/4 of Section 19, T.1N.; R.7E., City of South Lyon. Branch No. 3 Beginning at a Point in Kent Lake, said point lying on the west line of Section 6, T. 1N., R.7E., Lyon Township, upstream of the Kent lake spillway and approximately 1,900 feet southerly of the northwest corner of said Section 6; thence proceeding upstream through Kent Lake in Section 5 & 6, Lyon Township, and Sections 31, 32, 33, 29, 28 and 21 of Milford Township to a point on the Huron River lying on the south line of Section 16, T.2N., R.7E., Milford Township, approximately 2,200 feet westerly of the southeast corner of said Section 16; thence proceeding upstream along the meanders of the Huron River northwesterly, northeasterly and easterly through Sections 16, 9 and 10, Milford Township and the Mill (Hubbell) Pond, located in Section 10, Milford Township and the Village of Milford to Point "A", said point being located at the confluence of the Huron River and the so-called Pettibone Creek, a tributary watercourse flowing from the north, located approximately 600 feet westerly and 2,500 feet northerly of the southeast corner of Section 10, T.2N., R.7E., Village of Milford; thence proceeding upstream along the meanders of the Huron River easterly and southeasterly through Sections 10 and 11, Village of Milford, Section 14, Village of Milford and Milford Township, Section 13, Milford Township, a portion of said watercourse in said Sections 11, 14, and 13 also being a part of the Norton Extension Drain, to a Point "B", said point lying in Section 18, T.2N., R.8E., Commerce Township, at the confluence of the Huron River and an unnamed tributary watercourse from the north located approximately 600 feet easterly and 2,550 feet northerly of the southwest corner of Section 18, T.2N., R.8E., Commerce Township; thence proceeding upstream along the meanders of the Huron River in a generally easterly, southeasterly and northeasterly direction through said Section 18, through Moss and Proud Lakes, located in Sections 17, 20, 16 and 21, Commerce Township, continuing upstream along the meanders of the river through Section 21 and into Section 16 to a Point "C", said point being the lake level control structure for Commerce Lake, located east of Benstein Road, north of Oakley Park Road approximately 1,200 feet westerly and 135 feet northerly of the southeast corner of Section 16, T.2N., R.8E., Commerce Township; thence proceeding upstream across Commerce Lake (South and North Commerce Lake) northeasterly through Sections 16, 15 and 10 and continuing upstream along the meanders of the river northeasterly to a Point "D", said point being the confluence of the Huron River and an unnamed watercourse (proposed Patterson Drain) flowing from the east, located approximately 1,200 feet westerly and 500 feet southerly of the east 1/4 corner of Section 10, T.2N., R.8E., Commerce Township; thence continuing upstream along the meanders of the river northeasterly to Point "E", said point being the confluence of the Huron River and the so- called Hayes Creek flowing from the east, located approximately 600 feet westerly and 60 feet southerly of the northeast 1/4 corner of Section 10, T.2N., R.8E., Commerce Township, thence continuing upstream along the meanders of the Huron River northerly through Sections 10 and 3 and Fox Lake and into Section 34, T.3N., R.8E., White Lake Township; thence continuing upstream through White Lake Township along the meanders of the Huron River northerly, northwesterly, easterly and northeasterly through Sections 34 and 27; through Mud Lake and southeasterly and northwesterly through Cedar Island Lake; through Section 26, through Oxbow Lake and Section 23, continuing upstream along the meanders of the Huron River through sections 24, 13 and 14, through Pontiac Lake; continuing upstream in White Lake Township along the meanders of the Huron River northwesterly and northerly through Sections 15, 10 and 3 and into Section 34, T.4N., R.8E., Springfield Township, proceeding upstream along the meanders of the river northwesterly and northerly in Springfield Township through Sections 34 and 33 and into Section 28 to a point of ending, said point at the lake level control structure for Big Lake, located approximately 1,800 feet easterly and 350 feet northerly of the southwest corner of Section 28, T.4N., R.8E., Springfield Township. 1 Branch No. 4 Beginning at a Point on an unnamed branch of the Huron River at Sloan Lake, on the west line of Section 7, T.2N., R.7E., Milford Township, approximately 2,100 feet northerly of the southwest corner of said Section 7; thence proceeding upstream along the meanders of the watercourse northerly, northeasterly and easterly through Sections 7, 6 and 5 to a point of ending at the outlet of Honeywell Lake, located approximately 50 feet westerly and 550 feet southerly of the northeast comer of Section 5, T.2N., R.7E., Milford Township. Branch No. 5 Also continuing from afore-described Point "A", being the confluence of the Huron River and the so-called Pettibone Creek, a tributary watercourse to the Huron River flowing from the north, said point located approximately 600 feet westerly and 2,500 feet northerly of the southeast comer of Section 10, T.2N., R.7E., Village of Milford; thence proceeding upstream along the meanders of the so-called Pettibone Creek northerly through a mill pond and Sections 10 and 3, Village of Milford, Section 3, Village of Milford and Milford Township and into Moore Lake; thence proceeding upstream through Moore Lake into Section 34, T.3N., R.7E., Highland Township, continuing upstream in Highland Township, northerly along the meanders of the watercourse, through Sections 34 and 27 and Lower Pettibone and Pickerel Lakes, continuing upstream along the meanders of the watercourse northeasterly through Sections 22 and 23 and into Alderman Lake; thence continuing through Alderman Lake into Section 14, Highland Township and along the meanders of a tributary watercourse of the so-called Pettibone Creek flowing into Alderman Lake from the east, proceeding northeasterly to a point of ending, said point being at the confluence of the tributary watercourse and the lower terminus of the White and Duck Lake Drain, as originally described lying in the west 'A of the southeast 1/4 of Section 14, T.3N., R.7E., Highland Township. Branch No. 6 Beginning at the afore-described Point "B", said point lying at the confluence of the Huron River and an unnamed tributary watercourse flowing from the north, located approximately 600 feet easterly and 2,550 feet northerly of the southwest corner of Section 18, T.2N., R.8E., Commerce Township; thence proceeding upstream along the meanders of the unnamed tributary watercourse northerly through Sections 18 and 7, Lake Sherwood and Section 6, Commerce Township and into Section 31, White Lake Township; thence proceeding northerly and northeasterly along the meanders of the unnamed watercourse through Section 31 to a point of ending, said point being the outlet of Teeple Lake located approximately 2,600 feet easterly and 250 feet southerly of the northeast comer of Section 31, T.3N., R.8E., White Lake Township. Branch No. 7 Commencing at the afore-described Point "C" said Point being the lake level control structure for Commerce Lake, located east of Benstein Road, north of Oakley Park Road, approximately 1,200 feet westerly and 135 feet northerly of the southeast corner of Section 16, T.2N., R.8E., Commerce Township; thence proceeding easterly across Commerce Lake (South Commerce Lake) into Section 15, Commerce Township to a point on an unnamed branch of the Huron River flowing into Commerce Lake (South Commerce Lake) from the east, located approximately 1,500 feet easterly and 600 feet northerly of the southwest corner of said Section 15; thence proceeding upstream along the meanders of the unnamed branch of the Huron River southeasterly and southerly through Sections 15, Commerce Township and Section 22, Commerce Township and the Village of Wolverine Lake to the lake level control structure for Wolverine Lake, located approximately 300 feet westerly and 50 feet southerly of the east 1/4 corner of Section 22, thence southwesterly and southeasterly upstream through Wolverine Lake to a tributary watercourse flowing into Wolverine Lake from the south, located in the south shore of Wolverine Lake approximately 600 feet westerly and 1,700 feet northerly of the southeast corner of Section 27, T.2N., R.8E., Village of Wolverine Lake; thence proceeding upstream along the meanders of the watercourse southerly into the City of Walled Lake to a point of ending, said point being the lower terminus of the Greenaway Drain, said point lying approximately 540 feet west and 100 feet south of the southeast comer of the northeast 1/4 of the southeast 1/4 of Section 27, T.2N., R.8E., City of Walled Lake. Branch No. 8 Commencing at the afore-described Point "D", said point being the confluence of the Huron River and an unnamed watercourse (proposed Patterson Drain) flowing from the east, located approximately 1,200 feet westerly and 500 feet southerly of the east 1/4 corner of Section 10, T.2N., R.8E., Commerce Township, thence proceeding upstream along the meanders of the unnamed watercourse (proposed Patterson Drain) easterly and southeasterly through Sections 10 and 11, upstream through Lower Straits Lake, located in Sections 11, 12, 13 and 14, Commerce Township, continuing upstream through Middle Straits Lake, located in Sections 12 and 13, Commerce Township and Sections 7, 17 and 18, West Bloomfield Township to a point of ending, said point being the lake level control structure for Upper Straits Lake, south of Green Lake Road, approximately 1,100 feet easterly and 1,600 feet northerly of the southwest comer of Section 17, T.2N., R.9E., West Bloomfield Township. Branch No. 9 Beginning at the afore-described Point "E", said point being the confluence of the Huron River and the so-called Hayes Creek flowing from the east, located approximately 600 feet westerly and 50 feet southerly of the east 1/4 corner of Section 10, T.2N., R.8E., Commerce Township; thence proceeding upstream along the meanders of the so-called Hayes Creek easterly and northeasterly through Sections 10, 11, 2 and 1 to a point of ending, said point being the lower terminus of the Hayes Drain (the outlet for Hayes Drain), approximately 320 feet westerly and 195 feet southerly of the centerline intersection of Wise Road and Union Lake Road in the southeast 1/4 of Section 1, T.2N., R.8E., Commerce Township. I clAtwyman\kozma\huronriver comp relief drain\description 5 3 Resolution #02142 May 30, 2002 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections.