Orchard Park Intercounty Drain Project - Update February 27, 2024
There have been a number of questions, concerns, and inquiries raised regarding the construction project on the corner of Linden and Bennett Lake Roads. As a result, the LBLA Board has been in contact with the Livingston County Drain Commission. The following were the key points included in that discussion:
The following are a couple of key points associated with the project:
The following is the response received from the Livingston County Drain Commission:
Tuesday regarding the Orchard Park Intercounty Drain Project. As we discussed on Tuesday, the area within this 476 acre district is already (for the most part) within estimates of the historical North Ore Creek watershed. In other words, the water already goes to the lake. A comparison of the two watersheds is included as the first attachment.
The second attachment provides some information as to the scope of the project. Basically, the retention basin labeled 1 and shown in the second attachment filled to a point where three basements along Orchard Parkway took water. Residents of the Orchard Park Condominium then filed petitions under the Michigan Drain Code (Act 40 of the Public Acts of 1956, as amended, MCL 280.1 et. Seq.). The petitions triggered the formation of what the Drain Code refers to as an “intercounty drain board” which I explain a little further below. While the project is primarily a flood control project, it does include components that are intended to address nutrients that tend to be transported with stormwater runoff. The second attachment shows the route of the drain in bright green, along with some highlighted treatment areas (open channels and ponding areas shown in gray and numbered in green) . In terms of the effects of the runoff on downstream water bodies, we anticipate the effect to be:
In terms of looking at other alternatives for receiving this water, a preliminary evaluation included a potential outlet to Silver/Marl Lake (located approximately 2/3 of a mile to the east of the existing Orchard Park Basin). While Silver/Marl Lake is within the Shiawassee River watershed, it is not within the existing watershed of North Ore Creek. Historically, both our office and the Genesee County Drain Commissioner are hesitant to move stormwater discharges outside of their historic watershed. Evaluation of this alternative was further complicated by the likelihood of having to do substantially more bore and jack work (directional drilling of pipe underground which costs almost an order of magnitude more than standard pipe installation).
As I mentioned on the phone, the project is not a Livingston County project, nor is it a Genesee County project. Since the drainage crosses county lines, the project is governed by what is called an intercounty drain board pursuant to Chapters 5 & 6 of the Michigan Drain Code (hyperlinks take you to the statute). The Intercounty Drain Board consists of a Livingston County representative (typically myself or Brian Jonckheere as Drain Commissioner), a Genesee County representative (typically Sue Hogan, Deputy, or Jeff Wright as Genesee County Drain Commissioner), and is chaired by a representative of the Michigan Department of Agriculture and Rural Development (MDARD). There is a standing meeting on the second Thursday of every month, at 10 a.m. at Tyrone Township Hall, 8420 Runyan Lake Road, Fenton, MI 48430. The next meeting will be March 14, and meetings are open to the public and will continue through project completion. The project is anticipated to be completed this summer.
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