Drain Project update

 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:

1. Please provide an overall description of the project
2. What safeguards have been put in place to protect the water quality of Hoisington Lake (specifically) as well as the overall Hoisington/Bennett/Lobdell Lakes + Shiawassee River watershed?
3. What environmental impact assessments have been completed for the project?
4. What involvement did the Michigan Department of EGLE have in the review and approval of the project?
5. Please provide any other information you feel may be beneficial in understanding the project

The following are a couple of key points associated with the project:

• The project is underway and involves the piping of drainage water through a series of retention ponds and culverts(piping) with the water's final destination being Hoisington Lake
• There will not be a direct pipe into Hoisington but the final piping will end approximately 450 feet from Hoisington in the wetlands located on the NE corner of the lake. The water will flow through the wetlands and into Hoisington
• The project is an intercounty project involving Genesee & Livingston Counties and Tyrone Township
• Argentine Township, Deerfield Township and the LBLA have no direct involvement in the project
• There is a monthly public meeting held to review the project. The next meeting will be March 14 at 10:00 AM at the Tyrone Township Hall

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:

1. De minimis (almost zero) on dam operations at the Argentine Dam.  The relative flows from a couple more-intense storm events are shown on the first attachment.  While the 78 cubic feet per second (cfs) 10% storm flow is not insignificant (approximately 7.5%) in comparison to the 1030 cfs 10% flow at the dam, I anticipate the flows from the Orchard Park outlet into Hoisington Lake will arrive quicker than the peak flows for North Ore Creek, thus minimizing the effect of these new flows relative to the peak discharge at the dam.  Also, due to the size of the lake water surface the impact to the water level will be minimal.
2. Minimal in terms of water quality on Lobdell and Bennet Lakes.  A qualified environmental firm, Niswander Environmental, located in Brighton, Michigan, was hired to assist our engineer (Wade-Trim Inc., located in Flint, Michigan) with evaluating design alternatives to meet the Department of Energy, Great Lakes & Environments (EGLE) stated goal of minimizing environmental impacts associated with the project.  Through a series of meetings between county representatives and EGLE, the drain configuration shown in the second attachment was determined.  While we do not anticipate a significant impact to the water quality on Hoisington Lake, an earlier design we had submitted to EGLE was denied due to EGLE staff concerns about impacts to Eastern Massauga Rattlesnake habitat.  Our previous outlet design flowed south through wetlands (west of Linden Road) into Ore Creek, and would have provided more filtration to Hoisington Lake than the current layout.  

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.