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Home My WebLink AboutAgendas/Packets - 2012.10.22 - 402262800 Watkins Lake Road - Bldg 97W - Waterford, MI 48328-1917 248.858.0906 . 1.888.00PARKS • DestinationOakland.com OZAKLANDCOUNTYPARKS October 15, 2012 Oakland County Parks and Recreation Commission Oakland County, Michigan Commissioners: A special meeting has been called of the Oakland County Parks and Recreation Commission as follows: PLACE .................................. Oakland County Parks Administration Office 2800 Watkins Lake Road Waterford, MI 48328 TIME ................................... Wednesday, October 22, 2012 4:00 p.m. PURPOSE ................................ SPECIAL MEETING This meeting has been called in accordance with the authorization of Chairman Gerald Fisher of the Oakland County Parks and Recreation Commission. Sincerely, Daniel J. Stencil Executive Officer Gerald A. Fisher Chairman John P. McCulloch Vice Chairman J. David VanderVeen Secretary Pecky D. Lewis, Jr. Chairperson Emeritus A. David Baumhart III Next Meeting: November 7, 2012 Robert Kostin Oakland County Parks & Recreation Admin. Bldg. Christine Long Gary R. McGillivray 2800 Watkins Lake Road '-`-n Scott Waterford, Michigan 48328 ,. Wilson Daniel J. Stencil Executive Officer 0 ur mission is to provide quality recreational experiences that encourage healthy lifestyles, support economic prosperity and promote the protection of natural resources. Oakland County Parks and R 1:1ation Commission SPECIAL Meeting Administration Offices 2800 Watkins Lake Road, Waterford, MI 48328 October 22, 2012 4:00 PM REVISED 10/22/12 Agenda Action Required Presenter/Phone # 1. Call Meeting to Order ------ G. Fisher/248.514.9814 2. Roll Call ------ GL 3. Pledge of Allegiance ------ G< 4. Approval of Agenda Approval G. Fisher/D. Stencil 248.858.4944 5. Approval of Minutes: Regular Meeting 10/03/12 Approval K. Kohn 248.858.4606 / V. Valko 248.858.4603 6. Public Comments: G. Fisher 7. REGULAR AGENDA A. Enbridge Construction License — Rose Oaks County Park Approval D. Stencil/J. Hall 248.858.0555 /M. Donnellon 248.858.4623 B. CSX Letter of Intent to Eliminate Railroad Grade Crossing at Rose Oaks County Park Approval D. Stencil/J. Hall/M. Donnellon 8. NEW BUSINESS G. Fisher 9. OLD BUSINESS G. Fisher 10. ADJOURN Next Meeting: 9 a.m. on Wednesday, November 7, 2012, at Parks & Recreation Commission Meeting Room, 2800 Watkins Lake Road, Waterford, MI 48328 I 11- 3 CaNS eetin% to 11 pzdcz gall Call pledge of mleglance A1�pz°vaI of Agenda 4 Oval ofinutes. 5. n Sp-CC�Z meeting C01 'l,S to dReetea��° npfflees Nil 48328 P axks an dministzatio � atexf pzd' pakland Coont n 1.'ake goad22� ZQ12 2800 watki Oetoheir YM A� caned p�ction Re p3�12 eeting 101 Regnlax M Apt°val AppzOval esentez�p�°ne pz pisbex1248.5149814 G• w 858 4944 G lex(D• �tenci1248. 06 248 8 S5 8 4603 V Valk° 2 G pisbex 858.p555 D stenci117 . �a1124 $'S8 4623 Donnelxoa 48 � Donnell°n D Stenci111.13a1111�'1 cpz ents'- O Coun pazk 6 public PGE�DA se se ,Roaks � p,ppz°vat F G. isle-ez gEGVZ Gons�e ,101 L1 cen xade Crossing A Dnbzidge Eliminate g-ailx°ad G to C X1 ettezaks Ctoun�y pazk $. atg°se O �B�SS teYf °�d' N�1 W2$ 8 � E 1�ake p oadl W atkl us � ed�esday� ��b�o�-�,Leetivg 9 aav °�wec�eat'Ov Co OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING October 3, 2012 Chairman Fisher called the meeting to order at 9:18 a.m. in the banquet room of the Glen Oaks Golf Course Clubhouse. COMMISSION MEMBERS PRESENT: Chairman Gerald Fisher, Vice Chairman John McCulloch, Secretary J. David VanderVeen, A. David Baumhart III, Robert Kostin, Chairperson Emeritus Pecky D. Lewis, Jr., Christine Long, Gary McGillivray, John Scott, Eric Wilson ALSO PRESENT: Parks and Recreation OC Fiscal Services OC Corporation Counsel APPROVAL OF AGENDA: Daniel Stencil, Executive Officer Sue Wells, Manager, P & R Operations Mike Donnellon, Chief -Parks Fac., Maint. & Develop. Terry Fields, Chief - Recreation Programs & Services Jim Dunleavy, Chief, Parks Ops. & Maint. — N. District Larry Gee, Chief, Parks Ops. & Maint. — S. District Jon Noyes, Supervisor - Planning Karen Kohn, Supervisor —Administrative Services Melissa Prowse, Business Development Representative Tom Garvey, Maintenance Supervisor Doug Ammon, Crew Chief Jeff Phelps, Supervisor II Jody Hall, Assistant Corporation Counsel Moved by Mrs. Long, supported by Mr. Kostin to approve the agenda as presented. AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, Scott, VanderVeen, Wilson (9) NAYS: (0) Motion carried on a voice vote. PUBLIC COMMENTS: There were no questions or comments from the public. OAKLAND PARKS FOUNDATION UPDATE: Chairman Fisher shared an update on the Oakland Parks Foundation, including a brief history and the efforts to reactivate it. The Parks Foundation held a meeting on Saturday, September 15, at which time a resolution was passed to complete the documents necessary to meet an April deadline. In addition, an offer has been extended to Foundation member Noreen Keating to serve as the Foundation's Executive Director. INTRODUCTIONS: Chief of Parks Operation and Maintenance — South District Larry Gee made the following introductions: Tom Garvey, recently promoted to Maintenance Supervisor of Catalpa Oaks, Red Oaks, and Glen Oaks; and newly promoted Crew Chief Doug Ammon. 5-1 (Commission Meeting, October 3, 2012) CONSENT AGENDA: Moved by Mr. McCulloch, supported by Mr. VanderVeen to approve the Consent Agenda, including the Internal Service & Department Funds Journal Entry Register for Month Ending 08/31/12 (FM 11, FY 12) and Payment Register for Month Ending 08/31/12 (FM 11, FY 12); Monthly Financial Statements for Month Ending 08/31/12 (FM 11, FY 12); and Monthly Average Comparison Report. AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10) NAYS: (0) Motion carried on a voice vote. REGULAR AGENDA: Purchase of 4 Yurts (Domed Tent -like Structure) — Addison Oaks and Groveland Oaks: Chief of Parks Operations and Maintenance — North District Jim Dunleavy presented information on the cabin rentals at Addison Oaks and Groveland Oaks, noting they are very popular, rentals are at capacity every weekend, and we are unable to meet the demand. Annual revenues for cabin rentals at both campgrounds total more than $75,000. Staff has been investigating alternatives to the cabins, which cost approximately $43,000 to build and furnish, and proposed the purchase of yurt camping structures. The yurts being requested are 24' diameter round, domed tent -like structures, with two separate rooms for sleeping and seating areas, and room for six guests to sleep. They would be placed on wood platforms/decking constructed by staff and installed prior to the opening of the 2013 camping season. Staff budgeted $40,000 in the FY 2013 Capital Improvement Program (CIP) Budget for two yurts at Groveland Oaks, plus an additional $40,000 in the park's Operating Budget for the necessary site improvements and furnishings. An additional $40,000 was forecasted in the FY 2016 CIP Budget for two yurts at Addison Oaks. Due to the economy of scale and revenue opportunity associated with combining these projects, staff decided to bid all four yurts together. Staff presented the bids received and requested Commission approval to accept the low bid from The Colorado Yurt Company in the amount of $44,320 for the purchase of four yurt structures. In addition, staff requested Commission approve the transfer of $40,000 from the FY 2013 CIP Reserve to the Addison Oaks CIP Project Fund. Moved by Mr. VanderVeen, supported by Mr. McCulloch to award the bid for the purchase of four yurts, two each for Addison Oaks and Groveland Oaks, to the low bidder, The Colorado Yurt Company, in the amount of $44,320. Also, as presented by staff, to approve the transfer of $40,000 from the FY 2013 Capital Improvement Program Reserve to the Addison Oaks Capital Improvement Program Project Fund. Staff will report back to the Commission with the structures' insulation fire retardant rating and the washability of the inside walls. AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10) NAYS: (0) Motion carried on a voice vote. 5-2 (Commission Meeting, October 3, 2012) Waterford Oaks Business Plan Process, Outline & Timeline: Business Development Representative Melissa Prowse provided an update on the business plan development process for Waterford Oaks, including a timeline and the incorporation of the resource allocation and cost recovery planning in the process. The next steps of the process — through the plan's approval and evaluation — are expected to be completed over the next six to seven months. The contract for the resource allocation and cost recovery is still in process. Staff will be bringing the proposed scope of work for the resource allocation and cost recovery back to the Commission for input and approval. Once the contractor's work is completed, staff will use it as a template to complete a full cost recovery initiative throughout the entire park system. Once cost levels are determined, staff will be able to identify the appropriate pricing strategies. Vice Chairman McCulloch commented on the cost recovery process and resulting pricing strategy, noting it will be critical to know where those functions will fit into the business planning process for Waterford Oaks. Staff must be sensitive to that when bringing the plan back before the Commission, with everyone willing to make the necessary strategic decisions. Springfield Oaks Golf Course — Leaking Underground Storage Tanks (LUST) Restrictive Covenant (Deed Restriction); Michigan Department of Environmental Quality: At the September 5 meeting, Commission approved continuing services with Soil and Materials Engineers, Inc. to assist with addressing the closure, site remediation and monitoring of the LUST site at Springfield Oaks Golf Course. Since the MDEQ has reviewed the Restrictive Covenant (deed restriction), the Covenant can be recorded and the Closure Report submitted to complete the project. Staff requested adoption of a resolution recommending approval of the Restrictive Covenant by the Board of Commissioners, which will restrict any further installation of water wells within the described area. Chairman Fisher suggested "valid" or "reasonable" be included in the language concerning future regulations. Moved by Mr. Wilson, supported by Mr. Baumhart to adopt the following resolution recommending approval of the Restrictive Covenant (Deed Restriction) by the Oakland County Board of Commissioners, which will restrict any further installation of water wells within the described area at the Springfield Oaks Golf Course maintenance facility, contingent upon the Parks Commission Chairman's approval of revised language to address future arbitrary regulations. WHEREAS, the County of Oakland owns property located along Andersonville Road in Springfield Township known as Springfield Oaks County Park; and WHEREAS, in 1992 a leak in an underground storage tank near the maintenance facility at the golf course was discovered; and WHEREAS, the Oakland County Parks and Recreation Commission has been working with the Michigan Department of Environmental Quality (MDEQ) to ensure the necessary site remediation is completed; and WHEREAS, the Oakland County Parks and Recreation Commission received grant funding in the amount of $64,000 to assist with the remediation; and WHEREAS, the Oakland County Parks and Recreation Commission contracted with Technical Professional Services, Inc. for the partial remediation of the site, excluding a 5-3 (Commission Meeting, October 3, 2012) portion of the environmental plume located under the maintenance facility and which includes a well; and WHEREAS, the Oakland County Parks and Recreation Commission contracted with Soil & Materials Engineers, Inc. to complete the necessary remediation specifications, drawings, closure report and restrictive covenant (deed restriction); and WHEREAS, the Oakland County Parks and Recreation Commission received MDEQ approval of the restricted area of the covenant which is approximately 1.89 acres, including the well, which restricts any further installation of water wells within the described area. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends the Oakland County Board of Commissioners approve the Restrictive Covenant (Deed Restriction) of approximately 1.89 acres at Springfield Oaks County Park with the Michigan Department of Environmental Quality. AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10) NAYS: (0) Motion carried on a voice vote. CSX Private Drivewav Easement: Parks staff received correspondence in late 2011 from CSX Transport, Inc. expressing their desire to eliminate the private railroad crossing at Rose Oaks west of Buckhorn Lake Road just north of Davisburg Road. In negotiations between Parks staff, Corporation Counsel, and representatives of CSX Transport, CSX has informed us that, as part of a system -wide initiative, it is their intention to permanently eliminate this crossing. As compensation, they have offered a one-time payment in the amount of $10,000. The elimination of that crossing has become a concern of Enbridge. They had applied for a license agreement with CSX to access the park from the crossing to perform pipeline maintenance, but were denied. Elimination of this crossing would create the need for Enbridge to access their pipeline by creating a crossing through a sensitive wetland in the park, an option Parks staff wishes to avoid. Construction of a boardwalk access on higher ground is estimated to cost $160,000; it will be required in the future. Discussion followed on revisions to the language in the Letter of Intent addressing future rights, plus results from negotiations with Enbridge toward this project. Moved by Mr. McGillivray, supported by Mr. Lewis to postpone action on the CSX Transport Letter of Intent resolution until the next Commission meeting. Staff will meet with officials from Enbridge to negotiate their possible financial participation in the construction of the boardwalk. Staff will also express to CSX Transport that the Commission is looking favorably upon the Letter of Intent and their payment offer. Staff will provide clearer and more extensive maps of the park showing the location of the proposed crossing closure. AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10) NAYS: (0) 5-4 (Commission Meeting, October 3, 2012) Motion carried on a voice vote. Update on Potential Partnerships with Michiaan Department of Natural Resources (MDNR): Executive Officer Dan Stencil provided a brief history on the preliminary discussions held between officials from the Michigan Department of Natural Resources and Parks staff regarding future collaborations between our departments. New DNR Director Keith Kreagh is interested in addressing several potential partnerships, including one involving a 1,200-acre parcel in Oxford Township. The parcel is an active gravel mine, with potential uses as an ORV park, sports fields, dog park, and equestrian trails, plus the site includes a high quality natural area. The DNR would purchase the property, with a potential partnership lease with Oakland County Parks and Oxford Township to develop and operate the property. The DNR is requesting an indication from the Parks Commission on whether or not we would have any interest in this collaboration. There would be no commitment on the part of the Parks Commission at this point in time, as the DNR would have to go through the Michigan Natural Resources Trust Fund grant process for the initial acquisition of the parcel. Staff will provide a more detailed presentation on the site at the November meeting. Moved by Mr. McGillivray, supported by Mr. Wilson to direct staff to investigate a partnership opportunity with the Michigan Department of Natural Resources for the parcel in Oxford Township and to send a letter to the DNR indicating the Parks Commission's interest in this concept. AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10) NAYS: (0) Motion carried on a voice vote. Special OCPRC Meeting on November 28, 2012 for Consideration of Banquet Services Contract: Staff requested Commission approval to hold a special meeting on November 28 for the purpose of considering the banquet services contract, in time to present it to the Oakland County Board of Commissioners at their December 12 meeting. Staff also recommended the following modifications to the schedule: • December 5 meeting moved to December 12 • January 2 meeting be moved to January 9, 2013 The Executive Committee meetings will be held directly after the Commission meetings on November 28 and December 12. Moved by Mr. Wilson, supported by Mr. VanderVeen to set the special meeting for 9 a.m. on Wednesday, November 28, 2012 for the purpose of considering the banquet services contract, and to modify the general meeting schedule by moving the December meeting to Wednesday, December 12, 2012 and the January meeting to Wednesday, January 9, 2013. AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10) NAYS: (0) 5-5 (Commission Meeting, October 3, 2012) Motion carried on a voice vote. STAFF REPORTS: Activity Report: Staff provided details on final attendance figures for the year, as well as upcoming fall events. Staff will provide a complete report evaluating revenues, attendance, and expenditures for the 2012 golf operations. The Activity Report for September (FM 12, FY 12) was accepted as filed. Red Oaks Nature Center — Nature Education Update: Activities undertaken by staff at the Red Oaks Nature Center were detailed, including clearing trails, removing damaged/dangerous trees, branding the facility with signs and kiosks, and adding benches. Hours similar to the prior operation will be maintained while staff continues evaluating the facility, surveying patrons on their use and wants for programming, and developing a marketing plan that will cross promote the two nature centers. Three volunteer meetings have been held, including one orientation, and one full-time staff person has established his office there. Staff will continue to formulate our program there using the new nature education model, with a goal of having a program plan completed in December for the 2013 year. Specifics include: • A competitive analysis for our nature programs • Identifying revenue and expenses relating to nature education — cost recovery • Business strategy staffing plan for the Red Oaks Nature Center, as well the program as a whole • Developing partners and continuing partnerships Food and Beveraae: Staff briefly reviewed the process completed to date on the food and beverage contracts, including the vending, concession operations, and list of approved caterers. Staff is now working on the banquet services portion of the food and beverage operations, which will be for Addison Oaks, Glen Oaks, Lyon Oaks, and White Lake Oaks. The Food and Beverage Committee schedule was provided, including the proposed date for final approval by the Oakland County Board of Commissioners on December 13, 2012. Executive Officer's Report: In addition to the Executive Officer's report filed in the agenda, the following information was noted: ---The culvert replacement/road improvement project at Independence Oaks is projected for completion by October 31. The road is temporarily open in the park for the annual car show scheduled for October 7, then it will be closed again to complete the project. ---The annual Employee Recognition Lunch will be held on Thursday, November 8 beginning at noon. Commissioners are invited to attend the lunch, which is $10 per person. Please RSVP to Megan Craft Kaer at 248.858.4602. ---In response to direction from the Commission, staff provided a compilation of golf fees at local golf courses as compared to Oakland County Parks golf courses. Catalpa Oaks: 5-6 (Commission Meeting, October 3, 2012) Chief of Parks Facilities Maintenance and Development Mike Donnellon provided a brief update on the phase I construction at Catalpa Oaks, providing photos of the progress and indicating the building has been painted and the playgrounds installed. OLD BUSINESS: None NEW BUSINESS: ---Commissioner VanderVeen commended Chief of Parks Operations and Maintenance —South District Larry Gee for his professionalism in conducting business through the purchase process being proposed jointly with the Huron -Clinton Metroparks. ---Manager — Parks Operations Sue Wells provided a brief update on the Greenhouse programming and operations, noting just over 50% of the available winter plots have been leased for the season. Staff is looking at growing vegetables for educational programs at the market, also. Commissioner McCulloch noted Forgotten Harvest is looking for ways to increase their production of crops, and suggested they may be interested in a possible partnership for the remaining plots. CLOSED SESSION: Moved by Mr. Baumhart, supported by Mr. VanderVeen to adjourn to a Closed Session for the purpose of discussing a legal opinion with Oakland County Corporation Counsel. ROLL CALL VOTE: AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10) NAYS: (0) A sufficient majority having voted, the motion carried. The meeting was adjourned to a closed session at 11:08 a.m. The meeting was re -convened to open session at 12:08 p.m. The next Commission meeting will be 4:00 p.m. on Monday, October 22 at the Park Commission's administration office. Meeting was adjourned at 12:08 p.m. J. David VanderVeen, Secretary Karen S. Kohn CAP -OM, Recording Secretary 5-7 GAKLAND COUNTYWKS OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA OCTOBER 22, 2012 REVISED 10/22/12 To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Submitted: October 22, 2012 Subject: Enbridge Construction License Agreement INTRODUCTION AND HISTORY Mike Donnellon, Jody Hall and I met with representatives of Enbridge Energy and we presented our position on granting them a construction license. We negotiated a compensation package of $151,540, which will allow Enbridge Energy to access their pipeline easement, and temporarily use additional park property for construction activity, in Rose Oaks County Park. ATTACHMENTS - Proposed Construction License Agreement with Enbridge Rose Oaks County Park Map showing location of access to park STAFF RECOMMENDATION Staff recommends the Commission accept the agreement from Enbridge Energy, as presented. MOTION Move to accept the agreement from Enbridge Energy, as presented, subject to the approval/adoption of the resolution regarding the Letter of Intent from CSX Transport, concerning the elimination of the grade crossing in Rose Oaks County Park. 7 A-1 1 7 • '' OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Submitted: October 16, 2012 Subject: Enbridge Construction License Agreement INTRODUCTION AND HISTORY Mike Donnellon, Jody Hall and I met with representatives of Enbridge Energy and we presented our position on granting them a construction license. We negotiated a compensation package of $151,540, which will allow Enbridge Energy to access their pipeline easement, and temporarily use additional park property for construction activity, in Rose Oaks County Park. ATTACHMENTS - Proposed Construction License Agreement with Enbridge - Rose Oaks County Park Map showing location of access to park STAFF RECOMMENDATION Staff recommends the Commission accept the agreement from Enbridge Energy, as presented. MOTION Move to accept the agreement from Enbridge Energy, as presented. CONSTRUCTION LICENSE AGREEMENT This Construction License Agreement ("Agreement") is entered into this day of , 2012 by and between the County of Oakland, a Michigan Constitutional and Municipal corporation located at 1200 North Telegraph Road, Pontiac, Michigan 48341, acting through its Parks and Recreation Commission ("County") and Enbridge Energy, Limited Partnership, a Delaware limited partnership by Enbridge Pipelines (Lakehead) L.L.C. its General Partner, with an office located at 119 North 251" Street East, Superior, Wisconsin 54880 ("Enbridge"). BACKGROUND In 1969 Lakehead Pipe Line Company, Inc. (Enbridge's predecessor) received numerous easements (see Exhibit B—hereinafter "the Easements") over certain parcels (see Exhibit A) of property in Oakland County to construct, operate, maintain, inspect, remove, replace and reconstruct one or more pipelines for the transportation of oil, other liquid hydrocarbons, and any product or by --product thereof. 2. When County purchased the parcels of property which now comprise Rose Oaks County Park, some of the parcels of property were subject to the Easements. 3. In April 2012, Enbridge notified County staff, in writing, of its intention to exercise its rights under the Easements to install a second pipeline within its Easements which run through Rose Oaks County Park. 4. In April 2012, both Parties anticipated that some of Enbridge's pipeline construction activities would occur outside the Easements and would involve a considerable construction effort. 5. Because the construction for the second pipeline will exceed the Easement and because the construction will take place near and in wetland areas, the Parties enter into this Agreement to compensate County for the use of Additional Property (see Exhibit C) and to ensure that all efforts are made to properly restore any damaged or disturbed property. 6. Enbridge entered into a Construction License Agreement with the County on December 16, 2010. Certain parts of the restoration plan created pursuant to that agreement still must be completed. When Enbridge notified County of its upcoming pipeline replacement/repair (a second pipeline), County agreed to defer the restoration under the December 16, 2010 Agreement until restoration under this Agreement. 7. In consideration of the mutual covenants contained in this Agreement the Parties agree to the following terms and conditions. 7 A-2 ARTICLE I — DEFINITIONS "Additional Property" means the real property specifically shown and/or legally described in Exhibit C which is outside the Easements and needed by Enbridge, on a temporary basis, to conduct its pipeline construction. 2. "Agreement" means this Agreement, Background, Article I and Article lI and all Exhibits hereto attached. 3. "Day" means calendar day, unless otherwise specified in this Agreement. 4. `Basements" means the Right of Way and Easement Grants held by Enbridge and the real property described in those Grants, which are recorded at the locations identified in Exhibit B. 5. "Exhibits" mean all of the following documents which are fully incorporated into this Agreement; (1) Exhibit A — Parcel descriptions upon which Easements were granted to Lakehead and (2) Exhibit B - Easements and (3) Exhibit C — Additional Property. ARTICLE II — LICENSE License. Enbridge and its contractors, consultants, agents, and employees shall have a license to enter in and upon the Additional Property, as necessary to perform activities which are permitted under the Easements. 2. Term of License. Unless County is notified in writing by Enbridge earlier, the term of this Agreement shall commence on October 22, 2012 and end on completion of Enbridge's restoration efforts. Consideration. Enbridge shall pay County the sum of One -Hundred and Fifty - One Thousand and Five Hundred and Forty Dollars ($151,540.00) as full and final consideration for use of the Additional Property and perform all other duties and responsibilities set forth in this Agreement and as required by law. 4. Damage to and Restoration of Easement and Additional Property. Enbridge, at its sole cost, shall restore any portion of the Additional Property or the Easements which is damaged or disturbed by exercising its rights under the Easements or this Agreement. Enbridge, at its sole cost, shall hire an environmental consultant to oversee the restoration of the damaged or disturbed property. Such environmental consultant shall be approved by the County in writing. County's approval shall not be unreasonably withheld. The environmental consultant shall create a written restoration plan for the disturbed or damaged property. The restoration plan, at a minimum, shall require that the damaged or disturbed property is restored to a condition similar to that, which 2 7 A-3 existed prior to the commencement of work by Enbridge. The restoration plan will include information (depictions as practical) regarding replacement of trees, shrubs, perennials and other plant materials. Prior to implementation, the restoration plan shall be provided to and approved by County in writing. Within 30 days of receipt, County shall provide its approval of or comments on the restoration plan to Enbridge in writing. County's review of the restoration plan shall give due consideration to other permits issued to Enbridge for the activities described herein and taking place on the Additional Property, including the termination dates of any such permits. County's approval shall not be unreasonably withheld. Notwithstanding any otber provision in this Agreement, Article I1, Paragraph 2, Term of License, shall be reasonably extended, in favor of Enbridge, in order to implement the County -approved restoration plan. As of October 22, 2012, Enbridge started, but has not completed, the restoration plan created under the December 16, 2010 Agreement. The Parties agree that restoration stemming from the December 16, 2010 Agreement shall be completed at the same time restoration is completed for this Agreement. Liability and Indemnification. Enbridge shall be responsible for the actual damage, including environmental damage, resulting from Enbridge's exercise of its rights under the Easements or this Agreement. Enbridge shall indemnify and hold harmless County and its elected officials, officers, employees and/or agents from and against any and all claims that are imposed upon, incurred by or asserted against County and its elected officials, officers, employees and/or agents which are based upon, result from or arise from, or are in any way related to Enbridge's (or its official's, employee's, subcontractor's or agent's) use of or performance of any activities upon or in the Easements and Additional Property, except when proven to have been caused solely by the gross negligence, or intentional misconduct of County or it elected officials, officers, employees and/or agents. Enbridge agrees that this Agreement satisfies the requirement that County be "under written contract" with Enbridge in order to be an additional insured under its insurance policy. 6. Enbridge's use of or performance of activities upon or in the Easements and Additional Property shall comply with all applicable laws, regulations, rules and ordinances and construction activities will be performed in a good, professional, workman like manner. 7. Assignment. Enbridge shall not assign this Agreement or any portion thereof without County's express written consent. 8. Access to Easement and Additional Property. During the term of this Agreement, Enbridge shall have the right to access the Additional Property 24 hours per day, 7 days per week. No Interest In Real Property. This Agreement does not and is not intended to grant or convey an interest in real property to Enbridge. 3 7 A-4 10. Notices. Enbridge shall provide County with 3 business days notice before commencing additional work within the Easement or Additional Property, except in the case of an emergency or urgent matter and then such notice must be given as soon as possible thereafter. All notices, requests, demands, and other communications required by this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: To Enbridge: Enbridge Energy, Limited Partnership Attention: Lands & ROW Department 119 North 25"' Street East Superior, Wisconsin 54880 With a copy to: Enbridge Energy Field Office Attention: Permit Agent Grand Oaks Centre, Suite 100 3399 East Grand River Avenue Howell, Michigan 48843 To County: Oakland County Parks and Recreation Commission Attention: Executive Director 2800 Watkins Lake Road Waterford, Michigan 48328 With a copy to: Oakland County Parks and Recreation Commission Attention: Chief of Park Facilities Maintenance & Development 2800 Watkins Lake Road Waterford, Michigan 48328 With a copy to: Property Management Specialist Oakland County Department of Facilities Management 1 Public Works Drive Waterford, Michigan 48328 11. Succession. This Agreement is binding upon the Parties and shall be binding upon their successive heirs, representatives, administrators, successors, subcontractors, and assigns. 12. Reservation of Rights. The Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of County or Enbridge. 13. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this 4 7 A-5 Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of the Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 14. Invalid Provision. The invalidity or unenforceability of any sections or subsections of this Agreement shall not affect the validity or enforceability of the remainder of this Agreement or the remainder of any sections or subsections. This Agreement shall be construed in all respects as if any invalid or unenforceable sections or subsections were omitted. 15. Remedies Not Exclusive. The rights, remedies, and benefits provided by this Agreement shall be cumulative, and shall not be exclusive of any other rights, remedies and benefits, or of any other rights, remedies, and benefits allowed by law. 16. Headings. The section headings used throughout this Agreement are provided for reader convenience only and shall not be controlling in the interpretation of this Agreement. 17. Governing Law and Venue. This Agreement shall be construed in accordance with, and subject to, the laws of the State of Michigan. To the extent provided by law, any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall only be instituted in the Oakland County Circuit Court, a District Court located in Oakland County, or the United States District Court for the Eastern District of Michigan, depending on the nature of the action, suit, or other proceeding. 18. Amendment, This Agreement may not be changed, modified, amended, or altered, except as evidenced in a separate written agreement signed by both Parties. 19. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 20. Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior offers, negotiations, and/or agreements between the Parties relative to the subject matter addressed herein except for the restoration that still must be completed pursuant to the December 16, 2010 Agreement.. The Parties represented that there are no understandings, representations, or promises of any kind, oral or written, that have been made by the Parties to induce the execution of this Agreement except those expressly set forth in this Agreement. 7 A-6 IN WITNESS WHEREOF, Enbridge Pipelines (Lakehead) L.L.C. executes this Agreement on behalf of Enbridge Energy, Limited Partnership and hereby accepts and binds Enbridge Energy, Limited Partnership to the terms and conditions hereof on this day of , 2012. -ENBRIDGE ENERGY, LIMITED PARTNERSHIP, a Delaware Iimited partnership By: ENBRIDGE PIPELINES (LAKEHEAD) L.L.C. Its General Partner RE Douglas B. Aller, Authorized Agent Date: ATTEST Sign: Print: Title., Date: IN WITNESS WHEREOF, Oakland County Parks and Recreation Commission executes this Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds COUNTY OF OAKLAND to the terms and conditions of this Agreement on this day of , 2012. COUNTY OF OAKLAND, a Michigan Constitutional and Municipal corporation Oakland County Parks and Recreation Commission By: Name: , Chairperson Oakland County Parks and Recreation Commission Date: WITNESS: By: Date: 6 7 A-7 EXHIBIT A Below are the parcel descriptions upon which the Easements are located: Parcel 14: Part of Southwest '/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20 seconds East 1006.29 feet from Southwest section corner; thence North 00 degrees 27 minutes 20 seconds East 239.66 feet; thence North 89 degrees 43 minutes 35 seconds East 380 feet; thence South 00 degrees 27 minutes 20 seconds West 237.65 feet; thence South 89 degrees 25 minutes 26 seconds West 380.08 feet to beginning. Parcel 15: Part of Southwest ''/A of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20 seconds East 1006.29 feet and North 89 degrees 25 minutes 26 seconds East 380.08 feet from Southwest section comer; thence North 00 degrees 27 minutes 20 seconds East 637.65 feet; thence North 89 degrees 43 minutes 35 seconds East 344 feet; thence South 01 degrees 27 minutes 00 seconds West 634.74 feet; thence South 89 degrees 25 minutes 26 seconds West 344 feet to beginning. Parcel 16: Part of Southwest '/ of Section 9, Town 4 North, Range 9 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20 seconds East 1006.29 feet and North 89 degrees 25 minutes 26 seconds East 724.08 feet from Southwest section coiner; thence North 01 degrees 27 minutes 00 seconds East 636.56 feet; thence North 89 degrees 43 minutes 35 seconds East 263.48 feet; thence South 01 degrees 27 minutes 00 seconds West 636.56 feet; thence South 89 degrees 25 minutes 26 seconds West 252.49 feet to beginning. Parcel 17: Part of Southwest '/a of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20 seconds East 1006.29 feet and North 89 degrees 25 minutes 26 seconds East 976.57 feet from Southwest Section corner; thence North 01 degrees 27 minutes 00 seconds East 634.74 feet; thence North 89 degrees 43 minutes 35 seconds East 344 feet; thence South 01 degrees 27 minutes 25 seconds West 632.99 feet; thence South 89 degrees 25 minutes 26 seconds West 344 feet to beginning. Parcel 21: 7 7 A-8 Part of Southwest '/ of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet from Southwest section comer; thence North 01 degrees 27 minutes 25 seconds East 336.5 feet; thence North 00 degrees 21 minutes 12 seconds East 988.23 feet; thence North 89 degrees 28 minutes 16 seconds East 331.88 feet; thence South 00 degrees 32 minutes 03 seconds West 1324.01 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18 feet to beginning. Parcel 23: Part of Southwest '/ of Section 9, "Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302,92 feet and North 01 degrees 27 minutes 25 seconds East 1303,79 feet and North 89 degrees 25 minutes 26 seconds East 668.36 feet from Southwest section corner; thence North 00 degrees 26 minutes 25 seconds East 1323.70 feet; thence North 89 degrees 28 minutes 16 seconds East 331.89 feet; thence South 00 degrees 20 minutes 09 seconds West 1323.39 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18 feet to beginning. Parcel 24: Part of Southwest '/ of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet and North 89 degrees 25 minutes 26 seconds East 1002.54 feet from Southwest section corner; thence North 00 degrees 20 minutes 09 seconds East 1323.39 feet; thence North 89 degrees 28 minutes 16 seconds East 331.89 feet; thence South 00 degrees 14 minutes 10 seconds West 1323,07 feet; thence South 89 degrees 25 minutes 26 seconds West 334.8 feet to beginning. Parcel 25: Part of Southwest '/ of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 651.89 feet from Southwest section corner; thence North 01 degrees 27 minutes 25 seconds East 651.90 feet; thence North 89 degrees 25 minutes 26 seconds East 668.36 feet; thence South 00 degrees 54 minutes 00 seconds West 651.76 feet; thence South 89 degrees 25 minutes 25 seconds West 675.31 feet to beginning. Parcel 29: That part of Southeast '/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan, lying West of PM RR Right of Way. Part of the SW '/4 of the SW '/4 Section 9, T4N, R7E, Rose Township, Oakland County, Michigan, described as beginning at a point on the west line Section 9, located N 010 29' 27" E 670.86 ft from the SW comer Section 9, T4N, R7E; Th continuing N 01' 29' 27" E 335.42 ft along said west line Section 9; Th S 89' 32' 27" E 1320,57 ft; Th S 02' 29'55" W 335.77 ft; Th N 89' 31' 57" W 1314.66 ft to the point of beginning. Containing 10.15 8 7 A-9 acres and excepting the rights of the public over the W'ly 33.00 ft for Fish Lake Road. Also excepting any other easement or restrictions of record, if any. Parcel 22: Part of Southwest %4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet and North 89 degrees 25 minutes 26 seconds East 334.18 feet from Southwest section corner; thence North 00 degrees 32 minutes 03 seconds East 1324.01 feet; thence North 89 degrees 28 minutes 16 seconds East 331.88 feet; thence South 00 degrees 26 minutes 05 seconds West 1323.70 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18 feet to beginning. All of the above parcels now known as part of PIN: 06-09-300-020 9 7 A-10 EXHIBIT B The Right of Way and Easement Grants are recorded in the Oakland County Register of Deeds Office at the following locations:: Liber 5364 Pager 498; Libor 5364 Pager 502; Liber 5364 Pager 505; Libor 5364 Pager 508; Liber 5364 Pager 51 l; Libor 5364 Pager 514; Libor 5364 Pager 517; Liber 5364 Pager 520; Liber 5364 Pager 523; Liber 5364 Pager 526; Liber 5364 Pager 529. 10 7 A-11 r ovo ._ 5r cull f ,. Location of existing access 590609252002 — ti easement and requested -' r t _ 09252004 60- f , rn CSX crossing point. • ; y r. _. _ - J� c ee r. Enbridge Pipeline s •' -y .. } - LL OIaC� y''t �x. T`av ,.: D g R Proposed Boardwalk Location r .t , 2 �4 r a C _ ., ti• r 17 A f r -n e r s C Ro enter Road f h r Q--AKLAND 1 k + ' 1 1 SITE DEVELOPMENT MAF Rose Oaks County Park MNRTF Trails / Enbridge Energy / CSX Access Legend Park Boundary Parking Lot; Road Hydric Features �-- Waterway ParkTrails STATUS === Enbridge Pipeline Location •••••. Future ; Proposed Trail Existing Trail Proposed Boardwalk UPDATED OCT 112012 Feet n inn � nnn � o OZAKLAND A11IRfMAI'M ROSE OAKS COUNTY PARK 10400 Fish Lake Rd Holly, MI 48442 ParkTrails STATUS ......•••••• Existing Trail --------- Future Trail Proposed Boardwalk Parking Lot; Road Park Boundary Hydric Features Pipeline & Boardwalk Section Enlarged to show detail Feet 0 200 400 800 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Submitted: October 16, 2012 Subject: CSX Letter of Intent to Eliminate Railroad Grade Crossing at Rose Oaks County Park INTRODUCTION AND HISTORY Oakland County Parks staff received correspondence in late 2011 from CSX Transport, Inc. expressing their desire to eliminate the private railroad crossing at Rose Oaks County Park west of Buckhorn Lake Road, just north of Davisburg Road. (See enclosed map.) In negotiations between Parks staff, Corporation Counsel, and representatives of informed us that it is their intention to permanently eliminate this crossing and has Commission the sum of $10,000 as compensation. (See enclosed correspondence.) ATTACHMENTS - Correspondence from CSX Transport, Inc. - Proposed Agreement/Letter of Intent with CSX Transport, Inc. - Proposed Resolution Approving Proposed CSX Transport, Inc. Agreement - Rose Oaks County Park Map showing location of CSX Crossing STAFF RECOMMENDATION CSX Transport, CSX has offered to pay the Parks Staff recommends the OCPRC Commission adopt the attached resolution regarding the agreement from CSX Transport, Inc. as presented, regarding the elimination of the grade crossing in Rose Oaks County Park. MOTION Move to adopt the attached resolution regarding the Agreement/Letter of Intent from CSX Transport, Inc. concerning the elimination of the grade crossing in Rose Oaks County Park, as presented. 7 B-1 CSX ] 6737 Southpoint Drive South J180 P , 00 0 0 " Jacksonville, FL 32216 Date: September 21, 2012 Division Chicago Subdivision Saginaw Letter of Intent to Eliminate Railroad Grade Crossing This letter will serve as a follow up to our conversation, September 20, 2012 regarding the private crossing located in Oakland County, MI at DOT Number 232321X Milepost Location CC 52.35 which currently provides access to property located at: W. Rattalee Rd, Holly, MI As discussed, CSX Transportation, Inc. (CSXT) is in the process of reviewing public and private grade crossings across its system. An on -site investigation revealed that the alternate access exist to the property via Buckhorn Lake Rd. In our conversation the County of Oakland agreed to have CSXT permanently remove the crossing described above. CSXT agrees to pay the County of Oakland the lump sum of $10,000.00 in consideration for the permanent closure and removal of the aforementioned crossing, provided that; (1) the County of Oakland provides of a copy of the deed to the property verifying the County of Oakland's ownership of the same, and (2) the County of Oakland extinguish all contractual, statutory, deeded, common law, and other rights to the above crossing and all future crossings at this location to CSXT's sole satisfaction. CSXT will not disburse payment to the County of Oakland until all necessary documentation is fully executed and returned to CSXT. CSXT acknowledges the continued use of the crossing may be necessary for a short period of time not to exceed 10 months from the execution of this letter of intent. Any extensions must be approved by CSXT in writing. This offer will be withdrawn October 30, 2012, and the terms of this letter agreement will have no further effect. Please sign below to indicate the County of Oakland acceptance of these terms. Printed Name Signed. Offered By: Sherry Millard CSX Transportation, Inc. Dated 7 B-2 In order to process the disbursement of funds connected with the closure of the following crossing, please fill out the following items completely. Payee Name_ Street Address P.O. Box City State ZIP Work Phone ( ) Home Phone ( ) Cell Phone (__) FAX () E-mail address Preferred communication method (Circle one) Phone LISPS E-mail Fax Business or Individual? (Circle one) Type of Business (Circle one) Sole Proprietor/Individual Corporation Is the Payee related to a CSXT employee? If yes, employee name LLC Non -Profit Partnership Yes No Important: Once this information is entered into the CSXT system, the payee will be contacted by a CSXT Representative via preferred communication method above and will be asked to provide a completed W-9. This information is required for payment. 7 B-3 RESOLUTION WHEREAS, the County of Oakland owns 640 acres in Rose Township known as Rose Oaks County Park; and WHEREAS, the CSX Railroad follows the eastern boundary of Rose Oaks between its northernmost boundary near Rattalee Lake Road and the intersection of Davisburg and Buckhorn Lake roads; and WHEREAS, as part of a system -wide initiative, CSX Transport Inc. is eliminating all private grade crossings, one of which crosses Rose Oaks; and WHEREAS, through negotiations between CSX Transport, Inc. and Oakland County Corporation Counsel, CSX Transport Inc. has offered a one-time payment of $10,000 as compensation for the elimination of the grade crossing in Rose Oaks County Park. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends the Oakland County Board of Commissioners approve to accept the one-time payment of $10,000 from CSX Transport, Inc. as compensation for the elimination of the grade crossing in Rose Oaks County Park and execute the Letter of Intent to Eliminate Railroad Grade Crossing dated September 21, 2012. Moved by Supported by Date: ram R °- _ - _ y 1, r - .. -TTTkTkX1 [kill] Ni t'�LAND R Location Of existing access 10609252002� J easement and requested 0609252004 1� SITE DEVELOPMENT MAF t1i m; CSX crossing point.- z 77 Rose Oaks Count' Park MNRTF Trails r _ -a°. frw En bridge Energy/ t ` r CSX Access T `. Enbridge Pipeline L Legend s- :Y r 93 Park Boundary Parking Lot; Road Hydric Features °`` f `' / 40 Davisburg Road'_,� Waterway �► `0 ,�y l �` Proposed �7 Boardwalk _-:n+.t �"J►�' ..1:! r� r A Is i hI. - ParkTrai Location _ STATUS Enbridge Pipeline Location td Future Proposed Trail Ln Existing Trail r s vi :3\\\ r �ytrah`tr y Prop sed Boardwalk \mow r0 0 �7 4 _ Z Y 'X, Ile —Rose enter Road ,� y, ? UPDATED • v r i OCT 112012 Leet LINE 613 Maintenance & Rehabilitation Project s part of its extensive and ongoing pipeline integrity program, Enbridge is undertaking an expanded maintenance and rehabilitation effort along portions of its 30-inch diameter Line 66 pipeline that starts in Griffith, Ind. and crosses southeast Michigan. As part of this program, Enbridge has developed the Line 66 Maintenance and Rehabilitation Project and plans to replace approximately 75-miles of its 30-inch diameter Line 613 pipeline. The 75 miles to be replaced with new pipe consists of about 10 miles in Indiana and 65 in Michigan, with replacement pipe to be either 30 or 36-inch diameter pipe in Indiana and southwestern Michigan and 30-inch pipe in the eastern Michigan segment. Included in the 75 miles (west to east) are two five -mile replacements located east of Enbridge's pumping stations near Griffith and LaPorte, Ind., and three five -mile segments east of the Niles, Mendon and Marshall, Mich. stations (see map). We also plan to replace a 50-mile segment between our terminal near Stockbridge and Ortonville, Mich. Completion of this project, scheduled for late 2012, should result in fewer integrity digs and repairs along the replacement segments in the future, resulting in fewer disturbances to landowners and local communities. For this project, we plan to remove the oil from the pipe segments being replaced and fill them with nitrogen before abandoning in place, as prescribed in regulations. In most cases, the new pipe segments will be installed adjacent to those segments being replaced. The purpose of the Line 66 Maintenance and Rehabilitation Project, which is estimated to cost $286 million, is to conduct an accelerated maintenance effort in a safe, efficient and environmentally responsible manner, while continuing to deliver much -needed Canadian and domestic oil supplies to regional refineries. Enbridge's pipeline integrity program is based on results obtained from technologically advanced inspection tools used to evaluate a pipeline's condition and identify signs of possible corrosion or unusual features. Project Benefits � Flint In addition to adding short-term nen�il�o" e construction jobs and other economic •lapsing - , .. - Howe110 ..,. . �.. benefits, the project is designed to � I Stockbridge ' Brighton - Troy ; i maintain the safe operation of an Kalamazoo Battle Creek Detroit *:7-, important crude oil delivery system. Amarshall •Jaen Ann Arbor / Line 613 represents critical energy infrastructure as it supplies much Dowagiae --� , N0. Mendon ;le � Line 68 pipeline ' /sue' �sturgis I needed crude oil to regional refineries Mich ncM-— -- Replacement sections __ Michigan � . in Michigan, Ohio and eastern Canada. O Pump station eGa a mmal Porte � Nearby dryly/towllnwn These refineries require continued safe �Grffth and efficient supply of crude oil in order to provide local consumers and industry Five -mile replacements start the Griffith and La Porte, Ind. and Niles, Mendon, and Marshall„ with petroleum -based products such Mich. pump stations as well as 50 miles east of Stockbridge. as gasoline, jet fuel and heating oil, Regulatory Oversight among others. A comprehensive set of national standards, federal laws and regulations have been developed over many decades that prescribe the design, construction, operation Project Timing and maintenance of liquid petroleum pipelines. The agency responsiblefor regulating Pending receipt of the required interstate crude oil pipeline safety is the U.S. Department of Transportation's (DOT) environmental permits and regulatory Pipeline Safety and Hazardous Materials Safety Administration as designated in approvals, Enbridge expects that the Pipeline Safety Act. For this project, a variety of both local and environmental construction work on the replacement permits will be required, depending on the jurisdiction. Permitting will also involve segments will begin in early -mid several federal and state agencies, such as the Army Corps of Engineers, the 2012, possibly starting with the Michigan Departmentof Environmental Quality, the Michigan Department of Natural two Indiana segments, with project Resources and the Indiana Department of Environmental Management. At the completion scheduled for late 2012. state level, an application will be filed with the Michigan Public Service Commission.