Kuis Drain Drain Study Fruitport & Sullivan Townships Muskegon County, Michigan

Kuis Drain Drain Study Fruitport & Sullivan Townships Muskegon County, Michigan PRELIMINARY ENGINEERING REPORT Brenda M. Moore Muskegon County Drain Commissioner Project No. 13037.00 January 2014

TABLE OF CONTENTS PAGE 1.0 INTRODUCTION... 2 2.0 EXISTING CONDITIONS AND DRAINAGE ANALYSIS... 5 3.0 RECOMMENDATIONS... 10 4.0 PROJECT SEQUENCE... 12 5.0 PHOTO LOG... 13 APPENDICES APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H Exhibit A: Study Area and District Boundary Exhibit Exhibit B: Existing Conditions Exhibit Exhibit C: Storm Sewer Schematic Exhibit Sample Letter & Property Owners Receiving Notice of Inspection and Property Owner Meeting Notes Township Zoning Information Soil Survey Map of Area from USDA Soil Survey Existing State of Michigan DEQ Wetland Inventory Map for Area 433 Agreement Map

1.0 INTRODUCTION In May of 2013, residents in the Kuis Drain Drainage District located in Fruitport and Sullivan Townships, Muskegon County, Michigan submitted a petition to the Muskegon County Drain Commissioner (MCDC) for the cleaning out, relocating, widening, deepening, straightening, tiling, extending or relocating and/or adding one or more branches of the drain as a result of excessive flooding in the District. The main issues presented to the MCDC were excessive flooding along the main drain, basement flooding and lack of stormwater infrastructure in areas throughout the District to alleviate such flooding. As a result of the petition, Eng., Inc. was asked to perform a drain study on the Kuis Drain. The purpose of the study was to examine the existing conditions throughout the District, summarize findings in a Preliminary Engineering Report and present a comprehensive plan outlining recommendations for the existing and proposed system. The Kuis Drain is located in Sections 1, 10, 11 and 12 of Fruitport Township and Sections 6, 7 and 18 of Sullivan Township, Muskegon County, Michigan. The main drain is an open channel watercourse which outlets to Black Creek, although is legally established from the old Pere Marquette Railway Company right of way located just west of Sheridan Road. The open drain extends easterly along the back lot lines of residential properties (north of Brookmere Street and Rambling Brook Road) to a point approximately 1800 feet west of Brooks Road. The drain then turns southerly to Cline Road where it runs easterly along the north side of the roadway to a point 650 feet west of Cloverville Road. The open drain continues approximately 2600 feet north to the point of ending. The Kuis Drain currently has no recorded branch drains. The Kuis Drain Drainage District is comprised of lands zoned by Fruitport Township and Sullivan Township with several different zoning classifications. The lands within the District in Fruitport Township are comprised primarily of R-1 Single Family Residential and R-4 Agricultural Residential (approximately 80 percent) with a mix of R-2 Single Family Duplexes, B- 2 General Business and PUD Planned Unit Development in the area of Heights Ravenna Road (based on Fruitport Township Zoning Map from January 2007). The lands within the District in Sullivan Township are a broad mix of Low to High Density Residential and Rural Residential / Agricultural lands (based on Sullivan Township Zoning Map dated July 1998). The soils within the Kuis Drain Drainage District were also reviewed to determine how the soils could be affecting drainage within the District and as a tool to determine effective recommendations. The majority of the soils within the Drainage District are the Plainfield Sand (Plfab) series, as identified by the USDA Soil Survey Map, with 0 to 6 percent slopes. The Plainfield Sand series consists of very deep, excessively drained soils formed in sandy drift on outwash plains, valley trains, glacial lake basins, stream terraces and moraines and other upland areas. Permeability is rapid or very rapid. The major portion of the remaining soils are primarily different types of well drained sand (Covert-Pipestone, Pipestone-Covert-Saugatuck, etc.) with the exception of the Roscommon and Au Gres Sands, which are somewhat poorly drained and located near and adjacent to the drain centerline. See Appendix D for a breakdown of the soil types for the Drainage District. The majority of these soils are excessively well drained soils having very deep till profiles that are found in lake plain areas on the west side of Michigan. The presence of these soil types appears to have led much of the residential and commercial development in the area to be constructed without stormwater infrastructure, relying completely on infiltration into these soils. 2

The areas within the proposed Drainage District have significant portions that may be wetland hydric soils or wetlands, according to the Michigan Department of Environmental Quality (DEQ) Muskegon County Wetland Inventory Map (see Appendix G). Based on a review of this map, it appears that a significant area surrounding and near the Kuis Drain centerline contains potential wetlands and/or wetland hydric soils. The hydric soils on the wetland map generally coincide with the existence of Roscommon and Au Gres Sands (Ra). These soils are somewhat poorly drained with the presence of the water table found at 0-18 inches in depth. Research of the drainage system indicates that the Kuis Drain was established as a County Drain in 1907. The drain was extended in 1917, cleaned in 1927 and then extended again in 1931. The extension in 1931 included work to extend the drain across the Pere Marquette Railroad right of way to the west of Sheridan Road. The existing drain from the Pere Marquette Railroad to the outlet at Black Creek is currently private waterway and not part of the established County Drain system. Based on correspondence found in the drain files, it appears that some drain cleaning and improvements were done by private developers and property owners in the last 20 years. The only legally established Drainage District adjacent to the Kuis Drain is the Scott & Waters Drain Drainage District located on the west side of US-31. US-31 provides a slight gap in boundaries between the Kuis and Scott & Waters Districts although the land omitted may discharge directly to Black Creek within US-31 right of way and not flow to either Drain. The Kuis Drain has several 433 Agreement lands which are included within the proposed Kuis Drain Drainage District Boundary and are shown in Appendix H. Eng., Inc. was asked to perform the following tasks in order to analyze the areas within the Kuis Drain Drainage District: Review and research existing record information (County maps, aerial photographs, topographic information, County Road Commission records, existing land use information, etc.) Inventory and inspection of the drain, documenting all problems, elevations and any issues associated with the drain s functionality. This includes all known issues and documentation of any new engineering related concerns. An overall drainage review of the study area and watershed District boundaries for the Kuis Drain. This will include documentation of low areas and/or flooding and potential solutions. Perform hydraulic analysis for the drainage system to determine overall drain capacity and determine recommendations due to any capacity issues. An in-depth analysis of the main problematic drainage issues identified in the study area. This analysis will include solutions to the drainage problem(s), recommendations for maintenance or improvements, and methods for implementation (drain petition, private work, drain maintenance, etc.) This analysis will also include any potential project partnerships based on the recommendations. 3

Obtain from the Muskegon County GIS department all current parcel information for properties potentially within the proposed Drainage District. Obtain USGS datum benchmarks and State Plane coordinates for the area from the Muskegon County GIS department and the Muskegon County Road Commission. Review any MCDC, Fruitport and Sullivan Township records pertinent to the project, including any meeting notes or previous complaints associated with past stormwater issues within the Drainage District and the study area. Obtain from Fruitport & Sullivan Townships the existing zoning and future land use and / or master plan for areas of the Drainage District for use in recommendations and analysis of the drains and their watersheds. Obtain from the DEQ any available wetland inventory information for the immediate study area and adjacent to the drain. Research USDA Soil Survey Maps for the immediate area to understand sub-surface and geotechnical conditions that may impact design alternatives and recommendations for the main study area and drain. Send correspondence to all property owners within the study, and then meet with them to document any drainage concerns on their properties. Review existing drain information including any additional inspection reports, maintenance and service records on adjacent or downstream drains, any complaint reports and any District boundary, 433 Agreements or plat and site condominium information. Adjacent Drainage District information will be researched for determining and verifying County Drain Drainage District boundaries and identifying any gaps or overlaps. Review with MCDC s staff any service or repair work performed on the drain. Review and research existing record information pertinent to the drain and the study area at the Muskegon County Road Commission. This may include Road Commission structures, culverts or ditches that may have been installed adjacent to the drains. This will also include obtaining all survey data for elevations of all road crossings on the County drains and any Road Commission culverts or ditches adjacent to these drains that may impact recommendations or proposed work. 4

2.0 EXISTING CONDITIONS AND DRAINAGE ANALYSIS The lands within the Kuis Drain Drainage District are primarily medium to high density single family residential properties with rural residential/agricultural properties near the southern and eastern boundaries of the District. In recent decades, a tremendous amount of residential development has take place in the area, and further development is anticipated. The system will need to be analyzed using both current and future site conditions to develop a reliable flow model. The main issue in the Kuis Drain Drainage District is the damaging effect of a high water table on residential basements. A significant number of properties, spread throughout the District, require continuous pumping of their foundations with multiple sump pumps to keep groundwater out of their homes. Several residents indicated their sump pumps continued pumping water from the spring thaw until July. The majority of the subdivisions in the area are constructed without stormwater infrastructure. The design of the subdivisions relies heavily on direct groundwater infiltration of stormwater. The infiltration design works very well during periods of dry weather when the groundwater table is at low levels. However, it may not be effective during seasonal periods when the groundwater table is already at high levels. Extended rainfall during these seasonal periods can overtax systems that rely entirely on infiltration, resulting in basement and surface flooding. In addition, several residents experience standing water at the edge of the roadway for extended periods during routine rain events. Based on historical research, property owner interviews and field inspections of the study area, several key areas were identified as having significant high water issues causing basement flooding: Residential properties located on the south side of Brookmere Street and Creekview Lane and properties located on Meadow Lane and Pinewood Lane. Residential properties located on Kersting Street. Residential properties located on Clover Meadow Lane and Lily Court. Residential properties located on Rambling Brook Road. Residential properties located on Stephanie Lane. Residential properties located throughout Tean-Mar Avenue, Nicholl Avenue, Kanaar Street, Jay Bee Street, Bertha Bee Street, David Bee Street, Tim Bee Avenue and Janet Avenue. The properties throughout the District noted as having significant basement flooding issues can be seen on a map in Appendix B. There were other areas within the study area whose owners indicated high water table issues or basement flooding but the frequency and severity did not compare to these listed areas. All of the property owners within the study area were contacted via mail and invited to schedule an appointment with Eng., Inc. if they had any concerns. A summary of these property owner meetings is located in Appendix D. Interviews with property owners located in the subdivisions built in the early 2000s with basement flooding issues revealed that the flooding became worse as further residential development occurred and changed groundwater and sub-surface flow patterns. Many of the properties located north of Heights Ravenna Road and east of Brooks Road explained that this has been a longstanding problem dating back to 1976 for some. 5

Several of the residents indicated they believe it began with the closure of the landfill property located at the end of Brooks Road. Several of the subdivisions constructed in the early 2000s have restrictions in the bylaws for basement elevations due to the high seasonal water table. Based on MCDC file documentation the basement elevations in the listed subdivisions are restricted to the following: Clover Glen Condominium: Land divisions A-G are limited to 18 inches below the road centerline. Lots 9-21 are limited to 30 inches below the road centerline. Lots 1-8 and 22-29 are limited to 48 inches below the road centerline. Brookmere Subdivision No.5: Lots 14-24 shall have no basement lower than 48 inches from the centerline of Brookmere Street. Eng., Inc. surveyors performed field work to document elevations for some of the basements affected by the high groundwater table to verify their consistency with subdivision bylaws. The elevations are summarized in a table at the end of this section. The results indicate that several of the residential homes were built with basements below the elevations listed in subdivision bylaws. All of the homes in the Clover Glen Condominiums were built below these established elevations along with two (2) homes in the Brookmere Subdivision. However, there are several homes built in accordance with the regulations in Brookmere that still report extensive basement flooding. The homes in Clover Meadows do not have building elevation restrictions on file at the MCDC. However, it should be noted that the basements in Clover Meadows were built significantly lower from the roadway centerline than either Brookmere or Clover Glen subdivisions. The Kuis Drain centerline elevation in these areas are approximately 623.00 625.00 so draining these areas with enclosed storm sewer pipes and sub-surface drainage below the ground is feasible. The lowest basement elevation surveyed during preparation of this report was located on Kersting Street with an elevation of 628.33. The Kuis Drain is an open channel watercourse that is primarily wooded from Walker Road (extended) to the outlet at Black Creek. The drain has not been maintained along this stretch and significant log jams, debris and bank erosion exist which are depicted in the attached photo log of this report. Residents who were interviewed and live along the drain mentioned that they have considerable difficulty keeping the waterway free from various obstructions, including fallen trees, limbs and debris. Two (2) culverts are located in sequence along the private waterway from Sheridan Road to the outlet at Black Creek. The two culverts are both 60-inch (5-foot) diameter culverts. The culverts are significantly smaller in size than the upstream culverts along the established County Drain. The culvert located immediately upstream at Sheridan Road is a 6-foot by 6-foot concrete box culvert which has nearly double the capacity of a 60-inch diameter culvert. A notable concern in the private waterway is the aforementioned 60-inch concrete culvert pipe located within the old Pere Marquette Railway Company right of way just west of Sheridan Road. The pipe has become disjointed at both ends and several locations along the length of 6

pipe, causing two (2) large, 5-foot deep sinkholes over the top of the pipe. The pipe is in danger of complete failure which could lead to significant flooding in the upstream portions of the District. The west end of the culvert is perched, which limits connectivity of the system. The 60- inch culvert at Ellen Street is a CMP pipe in fair condition but lacks slope protection and has significant bank erosion on both ends. An existing sedimentation basin is located in the northwest corner of the Brookmere Subdivision #5 along the Kuis Drain. Based on file correspondence it appears the basin was last cleaned out during construction of the subdivision in the early 2000s. Since that time, the basin has filled in considerably with sediment deposits and is currently very heavily vegetated. The open channel from the sediment basin to Dangl Road is primarily in fair condition. The south side of the drain abuts residential homes in Brookmere Subdivision #5. Several of the property owners have placed large structures (sheds) within the drain easement along with several private bridge crossings. The north side of the drain is currently undeveloped and consists of a very deep bare sand embankment with minor vegetation growing. The bare embankment appears to be slowly eroding and likely contributing to sedimentation in the drain system. The open channel from the 4.5-foot by 5-foot concrete box culvert at Dangl Road to Cline Road is primarily wooded. The drain has not been maintained along this stretch and is considerably burdened with significant log jams, debris and bank erosion. A few residents along this stretch indicated that the water levels never get above ¾ bank full, although they do have trouble keeping the waterway free of fallen trees, limbs and debris. The drain extends to the east along the north side of Cline Road, across Brooks Road to Cloverville Road. The drain has several driveway culverts along Cline Road west of Brooks Road which vary in size from 36-inch circular to 64-inch by 72-inch elliptical. There are two (2) 36-inch diameter driveway culverts along this section which are sized smaller than the upstream and downstream culverts, causing capacity reduction in the system. The drain then extends to the north along the west side of Cloverville Road to its point of ending. There are two roadway culverts under Cloverville Road which carry water to the Kuis Drain. Several residents indicated that additional culverts were removed during water main construction, which has since caused some localized flooding in this area. The road ditches on the east and west sides of Brooks Road are extremely overgrown and appear to have filled in with sediment from roadway runoff. Several of the residents in the study area along Brooks Road mentioned in interviews that they have a very high water table (0-18 inches), they experience considerable surface flooding in their front yards, and they are unable to use the plumbing in their homes due to groundwater filling the septic tank. Cleaning and deepening the road ditches, if possible, may provide a mechanism to lower the water table in the immediate area. In addition to road drainage, there are a few private drain branches that feed into the Kuis Drain. The Muskegon County Road Commission has indicated they have a drainage easement along a section of drainage ditch on the south line of Premier Foods from Brooks Road to the Kuis Drain. The point of beginning is located approximately 1300 feet north of Cline Road on Brook Road. A private open drain located approximately 700 feet west of Cloverville Road on Cline Road extending approximately 2600 feet north also drains to the Kuis Drain. In addition to these drains, several other short segments of private open drains throughout the District discharge to the Kuis Drain. 7

The Kuis Drain does not appear to have any known capacity related issues based on homeowner interviews of residents located adjacent to the Drain and several field inspections of the Drain during high-flow periods. Stormwater will stay within the banks during seasonal periods and extensive rain events. If the petition does proceed further, we would recommend more in-depth analysis based on future development in the District. CRITICAL RESIDENTIAL ELEVATIONS: Clover Glen Condominium: Land divisions A-G are limited to 18 inches below the road centerline. Lots 9-21 are limited to 30 inches below the road centerline. Lots 1-8 and 22-29 are limited to 48 inches below the road centerline. (Road Centerline Elevation ranges from 634.11 to 634.48) Brookmere Subdivision No.5: Lots 14-24 shall have no basement lower than 48 inches from the centerline of Brookmere Street. (Road Centerline Elevation ranges from 632.79 to 635.60) Notable Elevations: FFE = First Floor Elevation BE = Basement Elevation Road CL = Road Centerline Elevation BE (Req.) = Basement Elevation required by Subdivision bylaws restrictions. Brookmere Subdivision #5: Address FFE BE Road CL BE (Req.) 3071 Pinewood Lane: 642.23 633.23 635.60 631.60 3084 Pinewood Lane: 641.70 632.71 (S) 635.75 631.75 3091 Pinewood Lane: 641.77 632.77 635.84 631.84 *3973 Meadow Ln (Lot 19) 639.29 630.29 634.57 630.57 4007 Meadow Ln (Lot 18) 639.35 630.35 634.32 630.32 3972 Meadow Ln (Lot 16) 639.76 630.76 634.39 630.39 4008 Meadow Ln (Lot 17) 639.78 630.67 (S) 634.32 630.32 3956 Meadow Ln (Lot 15) 639.63 630.63 634.16 630.16 2993 Brookmere (Lot 14) 640.55 631.55 634.37 630.37 2941 Brookmere (Lot 20) 639.57 630.57 633.84 629.84 2917 Brookmere (Lot 21) 639.46 630.46 633.58 629.58 *2901 Brookmere (Lot 22) 638.23 629.23 633.36 629.36 2889 Brookmere (Lot 23) 638.50 629.86 (S) 633.18 629.18 2871 Brookmere (Lot 24) 638.04 629.25 632.79 628.79 8

Clover Glen Condominium: Address FFE BE Road CL BE (Req.) *3725 Kersting (Lot G) 640.05 631.05 634.27 632.77 *3726 Kersting (Lot B) 639.56 630.56 634.27 632.77 *3754 Kersting (Lot C) 639.78 630.78 634.34 632.84 *3783 Kersting (Lot E) 640.68 631.68 634.17 632.67 *3784 Kersting (Lot D) 639.74 630.74 634.17 632.67 *3704 Kersting (Lot A) 639.49 630.49 634.37 632.87 *3701 Kersting (Lot 15) 637.86 628.86 634.37 631.87 *3697 Kersting (Lot 16) 639.44 630.44 634.48 631.98 *3680 Kersting (Lot 14) 639.33 630.33 634.48 631.98 *3664 Kersting (Lot 13) 638.10 629.10 634.37 631.87 *3650 Kersting (Lot 12) 637.33 628.33 634.36 631.86 *3641 Kersting (Lot 18) 639.79 630.79 634.36 631.86 *3636 Kersting (Lot 11) 638.50 629.50 634.16 631.66 *3625 Kersting (Lot 19) 640.04 631.04 634.11 631.61 *3609 Kersting (Lot 20) 639.78 630.78 634.11 631.61 *3616 Kersting (Lot 10) 639.78 630.78 634.11 631.61 *3581 Kersting (Lot 21) 637.71 628.71 634.28 631.78 *3580 Kersting (Lot 9) 639.48 630.43 (S) 634.28 631.78 Clover Meadows: Address FFE BE Road CL BE (Dist. Below CL)) 3090 Lily Ct (Lot 14) 640.84 631.84 635.79 3.95 3086 Lily Ct (Lot 15) 640.91 631.91 635.78 3.87 3089 Lily Ct (Lot 16) 640.05 631.05 635.81 4.76 3105 Lily Ct (Lot 17) 642.18 633.18 635.85 2.67 3119 Lily Ct (Lot 18) 640.50 631.50 636.57 5.07 3133 Lily Ct (Lot 19) 641.60 632.60 637.15 4.55 3147 Clover (Lot 20) 640.83 631.83 637.27 5.44 *indicates residence with basement elevation below bylaw restrictions 9

3.0 RECOMMENDATIONS The following recommendations address drainage issues in areas within the proposed Kuis Drain Drainage District: Conduct a Board of Determination meeting as outlined in Chapter 8 of the Michigan Drain Code of 1956. Establish the drainage course from the outlet at Black Creek to the current Point of Beginning at the old Pere Marquette right of way as part of the Kuis Drain. Obtain all necessary easements required to establish the waterway as County drain. Perform a Storm Water Management Model of the system based on future zoning within the District to accommodate further development in the future. Replace the culverts at Ellen Street and at the old Pere Marquette Railway Company right of way with ones of the proper size. The culvert at the old Railway Company right of way should be investigated to see if the culvert can be replaced with an open ditch section. An open ditch would allow greater capacity and reduce maintenance costs. Clean out, remove obstructions and stabilize the banks to reduce sediment loading into the drain from the outlet at Black Creek to Cline Road. Extend relief drains and facilities (catch basins, manholes, perforated pipes, etc.) as indicated in Appendix C to provide relief for surface flooding and sub-surface conditions resulting in basement flooding. Work with property owners, where possible, to minimize impact to private properties and provide drainage relief where necessary. Install sub-surface drainage (perforated pipe) along the roadways or in yards where flooding and other persistent groundwater problems occur. The subsurface drainage pipes should be installed lower than the basement elevation of the affected properties. Extend storm sewer service leads to residences to provide a positive outlet for their sump pumps and roof drains. Survey existing basement elevations in critical areas in order to provide sufficient drainage relief below foundations. Install several piezometers throughout the Drainage District at key areas so that groundwater levels can be monitored. This will give an understanding of potential dewatering needed during construction and will allow future monitoring of the system to understand the affect of the installed sub-surface drainage on groundwater levels. Determine the overall extent of areas requiring new drain easements and work with the Muskegon County Drain Commissioner s office in obtaining necessary easements or any permits for construction and maintenance. 10

Clean out and re-grade the existing ditches along Brooks Road and Cloverville Road within the Drainage District to help alleviate flooding problems in front yards and help drain the roadways. The use of perforated under drains should also be evaluated. The deepening of the ditches and under drains may assist in lowering the high groundwater table in the area. Work with the Michigan Department of Environmental Quality (MDEQ) to secure necessary permits for work within the existing open drain, road ditches and wetland soils as required. Work with the Muskegon County Road Commission and property owners as necessary to install drainage systems (catch basins, culverts, etc.) along residential roadways that experience extended periods of standing water along the roadways and in front yards. 11

4.0 PROJECT SEQUENCE The following is an outline of the key steps to continue moving the project forward. PETITION The project, in accordance with Chapter 8 of the Michigan Drain Code of 1956, was petitioned in writing to the Drain Commissioner on May 3, 2013 by five freeholders whose lands shall be liable to an assessment for benefits of such work as outlined in the petition, if constructed. The Drain Commissioner shall proceed in the same manner provided for the location, establishment, and construction of a drain. Chapter 8 of the Drain Code encompasses the cleaning out, relocating, widening, deepening, straightening, tiling, extending or relocating and/or adding one or more branches of the drain. BOARD OF DETERMINATION A Board of Determination shall be held following the filing of the petition. The Board of Determination is comprised of three (3) disinterested residents from Muskegon County but not of a Township, City or Village affected by the drain. The Drain Commissioner is responsible to give public notice of the Board of Determination as required by the open meetings act of the State of Michigan. The Board of Determination would determine the necessity of the proposed drain work and whether it is conducive to the public health, convenience and welfare. The Board of Determination will also determine if the municipalities (Townships) will be responsible for a percentage of the cost of construction of the drain by reason of benefits at large for public health. DRAIN COMMISSIONER ACTIONS IF PROJECT FOUND NECESSARY BY BOARD OF DETERMINATION: 1. Notify the municipalities, within ten days following the filing of the order of determination by the Board of Determination, that it may be liable for a percentage of the cost of construction by reasons of benefit at large for public health. 2. File a First Order of Determination establishing the Point of Beginning, Route and Course, and type of construction of the drain. 3. Consult with an engineer to prepare drawings and specifications for construction of the drain improvements. The Drain Commissioner may choose to conduct scope meetings with the Drainage District to discuss the design with the property owners and stakeholders prior to bidding. 4. Provide Notice of Bid Letting and Notice of Day of Review of Apportionments to property owners and municipalities within District. 5. Make bid documents available to contractors for bidding. 6. Conduct a Bid Opening. 7. Prepare a Computation of Cost for the project and assessment roll. 8. Conduct a Day of Review of Apportionments. This is a public meeting where property owners and municipalities within the District may meet with the Drain Commissioner to review and discuss their assessments. 9. Financing secured for construction. 10. Issue Notice to Proceed for construction. 12

5.0 PHOTO LOG PICTURE #1 Outlet of the Kuis Drain to Black Creek near US-31. PICTURE #2 Significant bank erosion adjacent to US-131. 13

PICTURE #3 Severe bank erosion at a ninety (90) degree bend along the private waterway as it turns south and parallel to US-31. The bank is a shear wall being held by roots and is approximately 12 feet in height. PICTURE #4 Typical section along the private waterway west of Ellen Street. The stream has a defined channel, low banks and extended flat lands. The drain is located in a wooded area within a deep ravine. Log jams and obstructions are typical throughout this section. 14

PICTURE #5 Natural and manmade obstructions, including a concrete stairway in the center of the drain. PICTURE #6 Typical section along the private waterway between Ellen Street and Sheridan Road, showing fallen trees, log jams, minor bank erosion and private bridge crossings within a deep wooded ravine. 15

PICTURE #7 Rusted 60-inch diameter CMP crossing at Ellen Street along the private waterway. The 12-inch CMP outlet pipe location and amount of exposed pipe along the sides and top indicate erosion during high flow rain events. PICTURE #8 Private waterway upstream of the Ellen Street crossing. A wide channel with fallen limbs and minor log jams are typical. 16

PICTURE #9 Private drain crossing between Ellen Street and Sheridan Road. The dock section is apparently being used to transfer lawn clippings to the opposite side. PICTURE #10 Failed 60-inch RCP pipe crossing at the old Pere Marquette Railway. The pipe has separated joints, several deep sinkholes and bank erosion along the route. The pipe capacity is significantly less than the upstream culverts. 17

PICTURE #11 Separated joints on the 60-inch pipe and bank erosion, which likely takes place during high flow periods. PICTURE #12 The 6-foot by 6-foot box culvert at Sheridan Road. The end treatments were improved in the past year during a Road Commission project. 18

PICTURE #13 Typical section of the drain upstream of the Sheridan Road box culvert. PICTURE #14 The 60-inch by 84-inch CMP culvert at Eastbrook Drive. The banks on both sides are covered with lawn clippings from the adjacent residential property. 19