livingston county...555 hulet drive, p.o. box 824 bloomfield hills, michigan 48302-0360 . rules of...

LIVINGSTON COUNTY PROCEDURES AND DESIGN CRITERIA FOR STORMWATER MANAGEMENT SYSTEMS

AND SOIL EROSION AND SEDIMENTATION

CONTROL PROGRAM

Protecting Livingston County’s Headwater Streams

VERSION 3.0 February 2005

Rules of the Livingston County Drain Commissioner

LIVINGSTON COUNTY

PROCEDURES AND DESIGN CRITERIA FOR STORMWATER MANAGEMENT SYSTEMS

AND SOIL EROSION AND SEDIMENTATION

CONTROL PROGRAM

Protecting Livingston County’s Headwater Streams Rules of the Livingston County Drain Commissioner

VERSION 3.0

February 2005

Prepared by:

Hubbell, Roth & Clark, Inc. 555 Hulet Drive, P.O. Box 824

Bloomfield Hills, Michigan 48302-0360

Rules of the Livingston County Version 3.0 Drain Commissioner February 2005

ACKNOWLEDGEMENTS

This manual is based upon an extensive literature search and in-depth survey of Michigan counties and communities and Great Lakes State agencies. The descriptions of stormwater and soil erosion programs by the survey respondents are very much appreciated. Special gratitude is extended to Janis Bobrin, Washtenaw County Drain Commissioner, for the use of her Procedures and Design Criteria for Subdivision Drainage Manual as a foundation for Part A of this manual. Finally, this manual would not have been possible without the involvement of the people who generously volunteered their time to be on the Technical Advisory Group. This manual was funded in part by a grant from the USDA, Natural Resources Conservation Service, Great Lakes Soil and Erosion Sedimentation Control Program. It is printed on recycled paper.

Rules of the Livingston County Version 3.0 Drain Commissioner February 2005

TECHNICAL ADVISORY COMMITTEE

Bill Beauchamp Deerfield Township Marshall Blau Progressive Properties, Inc. Greg Bogdanski Hartland Township Supervisor Mike Boss Boss Engineering Company Lynn Collins 2629 Parklawn Todd Cox Livingston County Drain Commissioner – Assistant Soil Erosion Inspector Steve Crane Home Builders Association/Crane Construction Pat Davison Home Builders Association/Davison Land Planners Walter Alix Erich Ditschman Jennifer Lawson Hubbell, Roth & Clark, Inc. William D. Earl Howell Township Supervisor Mike Erickson Limno-Tech, Inc./HERB Jim Fackert Greenways Green Oaks Environmental Research Council Huron River Watershed Council: Adopt-A-Stream Evelyn Gallegos Mark Hathaway Livingston County Drain Commissioner – Soil Erosion Inspector Brian Jonckheere Livingston County Drain Commissioner Sue Kelly Sierra Club Molly Lamarouex Michigan Department of Environmental Quality – Surface Water Quality Division – ShiawasseeDistrict

Paul Lewsley Barry Hurst Environmental Engineers, Inc. Joe Miesle Cohoctah Township Supervisor Herb Munsell Local Developer’s Consultant Jeff Prince City of Howell – Engineering Department Joe Richards Oceola Township Supervisor Sally Ridal Natural Resource Conservation Service Nancy Roberts Livingston County Board of Health Jim Scholl McNamee, Porter & Seeley Patrice Schreiber RAID Ed Schrock Adler Building Company Harry Sheehan Huron River Watershed Council Brad Thompson B.F. Thompson P.C Sandra Tuthill Tuthill Farm Ken Tyler MAB/ Cheyenne Lisa Warner

MDEQ-LWMD – Shiawassee District Terry Wilson

DPS Director – City of Howell Sally Wines Livingston County Soil Conservation District Scott Willets Artisan – HBA Ann Zinn Green Oaks Environmental Research Council John McCurdy Resident

Rules of the Livingston County Version 3.0 Drain Commissioner i February 2005

TABLE OF CONTENTS

ACKNOWLEDGEMENTS ............................................................................................................................................ I

TECHNICAL ADVISORY COMMITTEE....................................................................................................................... II

INTRODUCTION....................................................................................................................................................1

INTRODUCTION.......................................................................................................................................................2

I. Impacts of Development on Water Resources ..........................................................................................4

II. Framework for the Design of Stormwater Management Systems ..........................................................10

III. The Role of the Livingston County Drain Commissioner.......................................................................13

PART A: PROCEDURES AND DESIGN CRITERIA FOR STORMWATER

MANAGEMENT SYSTEMS..............................................................................................................17

SECTION 1 - PROCEDURES FOR PLAN SUBMISSION AND REVIEW ..........................................................................18

I. Authority.................................................................................................................................................18

II. Preliminary Plat or Plan Submission and Approval ..............................................................................19

III. Construction Plan Approval...................................................................................................................22

IV. Final Subdivision Plat Approval ............................................................................................................22

V. Drains Under the Jurisdiction of the Drain Commissioner ...................................................................25

SECTION 2 - DESIGN CRITERIA FOR STORMWATER MANAGEMENT SYSTEMS .......................................................28

I. Site Drainage - General Requirements ..................................................................................................28

II. Design Standards for Constructed Stormwater Management Facilities ................................................29

III. Natural Wetlands ...................................................................................................................................39

IV Lot Grading............................................................................................................................................40

V Soil Erosion, Sedimentation, and Pollution Control ..............................................................................40

VI. Floodplains ............................................................................................................................................41

VII. Easements ..............................................................................................................................................41

VIII. Safety Considerations............................................................................................................................42

PART B: ADMINISTRATIVE POLICY, SOIL EROSION & SEDIMENTATION CONTROL ................41

I. What is Soil Erosion and Sedimentation? ..............................................................................................42

II. What are the Effects of Sediment?..........................................................................................................42

III. Purpose of the Soil Erosion and Sedimentation Control Program ........................................................43

IV Permit Requirements ..............................................................................................................................44

V Exemptions and Waivers ........................................................................................................................45

VI. Submitting Permit Applications .............................................................................................................46

VII. Performance Guarantee Requirements..................................................................................................47

VIII. Permit Validity and Renewal .................................................................................................................48

IX. What are the Costs? ..............................................................................................................................48

X. Plan Review and Approval ...................................................................................................................48

XI. Initial Inspections..................................................................................................................................49

XII. Regular State Inspection Schedule.........................................................................................................50

XIII. Enforcement Procedure.........................................................................................................................50

XIV Permit Closure.......................................................................................................................................52

XV Keeping a Site in Compliance ................................................................................................................53

XVI. Erosion Control Best Management Practices........................................................................................55

XVII. Sediment Control Best Management Practices .....................................................................................57

XVIII. Construction Site Best Management Practices Used to Control Sedimentation ..................................61

XIX. Disclaimer ............................................................................................................................................62

Additional Information......................................................................................................................................64

Rules of the Livingston County Version 3.0 Drain Commissioner ii February 2005

PART C: SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE ......................................65

PART D: REFERENCES.....................................................................................................................................82

REFERENCES.........................................................................................................................................................83

PART E: DEFINITIONS .....................................................................................................................................88

DEFINITIONS.........................................................................................................................................................89

APPENDIX A: SECTION 433 AGREEMENT PACKAGE

APPENDIX B: PRELIMINARY PLAT OR PLAN CHECKLIST

APPENDIX C: FEE SCHEDULE

APPENDIX D: CONTRUCTION PLAN CHECKLIST

APPENDIX E: HYDROGRAPH METHODS

APPENDIX F: U.S. SOIL CONSERVATION TYPE II STORMS

APPENDIX G: LIVINGSTON COUNTY SOIL TYPES

APPENDIX H: SUGGESTED BEST MANAGEMENT PRACTICES SCHEMATICS

APPENDIX I: A SIMPLE METHOD OF DETENTION BASIN DESIGN

APPENDIX J: STORM CONVEYANCE DESIGN PARAMETERS

APPENDIX K: SOIL EROSION AND SEDIMENTATION CONTROL PLAN CHECK LIST

APPENDIX L: STORM DRAIN BACKFILL DETAIL

Rules of the Livingston County Version 3.0 Drain Commissioner 1 February 2005

Introduction


INTRODUCTION

Livingston County maintains a rich and diversified natural and social heritage. The headwaters of some of the State’s largest river systems originate in the County. The Shiawassee River feeds the Saginaw River, draining County lands to the northeast. The Red Cedar and Looking Glass rivers are tributary to the Grand River, draining the northwest section of the County. The remainder of the County drains to the Huron River. These headwater streams are part of a unique, complex network of wetlands, bogs, lakes, woodlands, rolling terrain, and other landscape features. These features provide habitat for numerous species of plants and animals. Together these landscape features and the abundance and diversity of wildlife are among the primary features that make the County a desirable place to live.

Recognizing the occurrence of development and its implications to the County, a balance must be attained between retaining existing site features and enhancing developed features. To provide guidance to achieve such a balance, the Office of the Livingston County Drain Commissioner has revised its drainage rules and soil erosion and sedimentation program, drawing its authority from the following County ordinances and State laws:

• Act 288 of the Public Acts of Michigan of 1967, as amended.


• The Michigan Drain Code, Public Act 40 of 1956, as amended.

• Mobile Home Commission Act 96 of Public Acts of Michigan of 1987.

• Part 91, Soil Erosion and Sedimentation Control of the NaturalResources and Environmental Protection Act, Act 451 of the Public Actsof 1994 Being Sections 324.9101 to 324.9123 of the Michigan CompiledLaws Annotated Part 17 of the Michigan Administrative Code BeingSections R 323.1701 to R 323.1714.

The County’s Drainage Rules and Soil Erosion and Sedimentation Control Program are being combined into one manual to reflect a basic philosophic change regarding stormwater management. “Protecting Headwater Streams” is an effort to address stormwater management comprehensively throughout the development process. This process includes drainage design for water quality and quantity, soil erosion and sedimentation control during construction, and long-term maintenance to ensure the effectiveness of Best Management Practices (BMPs).

The broad purpose of this manual is to:

• Protect Livingston County water resources from the adverse impacts of urbanstormwater runoff.

• Provide design guidance on the most effective structural and non-structural BMPsfor development sites.

• Achieve effective and reasonable control of accelerated soil erosion.

• Improve the quality of BMPs that are constructed in Livingston County, includingperformance, longevity, safety, ease of maintenance, community acceptance, andenvironmental benefit.

These revisions are based upon an extensive literature search and in-depth survey that encompassed the most current body of knowledge concerning stormwater management from across the State, Great Lakes Region, and Country, modified as appropriate for application in Livingston County. In addition, a Technical Advisory Committee, representing both public and private interests within the County, contributed extensively to the content of this manual throughout the revision process.


A watershed is an area of

land that drains to a

particular waterbody.

I. Impacts of Development on Water Resources

It is important to understand that each development is part of a drainage system or catchment. In Livingston County, each of the drainage systems is part of a network of streams and drains that make up the headwaters, or sub-watersheds, which, when

combined in larger watersheds, make up some of the State’s largest river basins. A watershed is simply an area of land that drains to a particular water body. The concept of smaller watersheds, which, when combined, form a larger watershed and,

ultimately, a river basin, is referred to as nesting (see figure below). The health of any river system is based on how the land in the sub-watersheds and catchments is utilized.

Source: Center for Watershed Protection, Rapid Watershed Planning Handbook 1998


An impervious area

is any area that no

longer allows

rainfall to soak into

the ground.

Current research indicates that as a catchment or sub-watershed increases with impervious area, there is a direct impact on stream quality. An impervious area is any area that no longer allows rainfall to soak into the ground. Impervious areas include roads, sidewalks, rooftops, and driveways. When a site is developed, it loses its natural storage potential for rainfall (see Water Balance Diagram, page 8). Consequently, rain that previously infiltrated into the ground evaporated, transpired, or was temporarily stored in depressions and tree canopies, now rapidly runs off the site.

This increased runoff causes a number of changes in stream hydrology (see Stream Hydrology diagram, page 6). The changes in stream hydrology include:

� Increased volume of runoff, which raises the magnitude and frequency of severe flood events.

� Greater frequency of "bankfull" floods - those that fill the stream channel to the top of its banks but do not spill over into the floodplain. Increased bankfull flooding subjects the stream channel to continual disturbance and scour.

� More rapid flow velocities due to the combined effect of greater discharge, rapid time of concentration, and smoother hydraulic surfaces.

� A dramatic increase in stream flow fluctuations as runoff is concentrated into peaks that are sharper, faster, and higher, followed by equally abrupt returns to pre-storm level discharges. Increased flow fluctuations disrupt habitats and reduce the diversity of aquatic species regardless of water quality.

� Reduced infiltration into the underlying water table, which in turn lowers the level of surface water bodies dependent on groundwater to maintain base flows during dry periods.

These changes in stream hydrology cause the following changes in stream morphology:

� Channel widening and downcutting are the primary consequences of increased runoff and flow fluctuations.

� Streambank erosion is accelerated as channels are severely disturbed by undercutting, tree-fall, and slumping.

� Sediment loads increase sharply due to streambank erosion and construction site runoff. These sediments settle out and form shifting bars that often accelerate the erosion process by deflecting runoff into sensitive bank areas.

� Together, increased sedimentation and channel widening modify aquatic habitats in a variety of ways. For example: 1) the pools and riffles that characterize natural streams are eliminated as the gradient of the stream adjusts to accommodate frequent floods, and; 2) the voids between stones on the stream floor are filled with sediment, destroying the habitat of insects at the bottom of the aquatic food chain and fish spawning areas.


As development occurs, changes in land use may contribute new or additional pollutants to storm water runoff. Leaves, litter, animal droppings, exposed soil from construction sites, fertilizer, and pesticides, if not properly managed, can wash off of the land. Vehicles and deteriorating urban surfaces deposit trace metals, oil, and grease onto streets and parking lots. These and other toxic substances are carried by stormwater and conveyed through creeks, ditches, and storm drains into our rivers and lakes. The following table describes sources and impacts of major non-point source pollutants.

Source: Schuler, 1987

Stream Hydrology


MAJOR CATEGORIES OF NONPOINT SOURCE POLLUTANTS

AND THEIR ASSOCIATED IMPACTS

Pollutants Source Impacts

Sediments Construction sites, agricultural lands, and other disturbed and/or non-vegetated lands, including eroding streambanks.

Once deposited, sediment can decrease the storage capacity of a water body, as well as smother organisms that dwell on the bottom and destroy their habitat. Suspended sediment can lower the transmission of light through water and interfere with animal respiration and digestion. Contaminated sediments act as a reservoir for particulate forms of pollutants such as organic matter, phosphorus, or metals that can be released later.

Nutrients (e.g. Phosphorus and Nitrogen)

Septic systems, fertilizers, animal waste, detergents, and plant debris.

Slow-moving waters become choked with nutrient-induced algae and weeds that take up dissolved oxygen in the water needed by fish and other aquatic life. This reduction in dissolved oxygen can also cause pollutants trapped within sediments to be released back into the water column.

Temperature Enhancement

Impervious surfaces collect heat and warm the stormwater as it passes over them and into receiving waterways. The creation of storage ponds and impoundments and the removal of trees and other vegetation that shade stream banks increase the surface area of water exposed to solar heating.

Temperature enhancement severely interferes with cold-water organisms such as trout and stoneflies and may cause their extinction in intensively developed areas.

Toxic Compounds Pesticides, road de-icing materials, motor vehicles, industrial activities, atmospheric deposition, and illicit dumping and sewage connections.

Toxic substances can degrade the appearance of water surfaces, lower dissolved oxygen, stress sensitive flora and fauna, and enter into the aquatic food chain.

Bacteria Animal waste (including pets and birds), failing septic systems, and illicit sewer connections.

Increased bacteria levels can pose health risks and close or restrict the use of recreational areas.

Litter and Debris (Organic and Non-organic)

Urban and suburban landscapes contribute grass clippings and leaves. Non-organic debris is generated by careless disposal practices (e.g., street litter).

Litter, leaves, and trash wash through the storm drain system, clogging pond outlets and creating large debris jams within streams and floodplains. In addition, organic materials require oxygen to decompose and so lower the level of dissolved oxygen available to aquatic life.

Source: Washtenaw County Drain Commissioner, 1998


There is research which now identifies zones of stream quality that can be described based on the amount of impervious cover (see figure below). At 10% impervious cover, sensitive stream elements such as stable channels, excellent habitat structure, diversity of fish and aquatic insects, and excellent water quality are lost. At 25-30% impervious

cover, most indicators of good stream quality are lost. Above 30% impervious cover, streams are often unable to recover their health and do not support diverse fish communities. In essence, at above 25% impervious cover, streams are generally limited to conveying storm water (Center for Watershed Protection, 1999(b)). In addition to stream degradation, an increase in impervious area can lead to flooding, impact the

recharge of water supplying aquifers, and alter the microclimate of an area by increasing summer heat.

These impervious thresholds form the basis for the Livingston County Drain Commissioner Rules. They are not absolute: rather they are targets to help us sustain those amenities which make Livingston County such a great place to live, work, and play.


Transpiration

Surface Runoff

Interflow Baseflow

Canopy Interception

Baseflow Interflow

Surface Runoff

Evapo- transpiration

Water Balance Diagram



The Livingston County Drain Commissioner Procedures and Design Criteria for Stormwater Management Systems apply only to stormwater management systems within new development projects. The following discussion applies to all aspects of managing

land and stormwater.

II. Framework for the Design of Stormwater Management Systems

Thoughtful site planning can reduce or eliminate the negative impacts associated with development. Toward this end, communities, regulatory agencies, and designers must begin to evaluate the impact of each individual development project over the long term and on a watershed scale. Such an approach requires the consideration of Best Management Practices (BMPs) that function together as a system to ensure that the volume, rate, timing, and pollutant load of runoff remains similar to that which occurred under natural conditions. This can be achieved through a coordinated network of structural and nonstructural methods, designed to provide both source and site control. In such a system, each BMP by itself may not provide major benefits, but when combined with others becomes very effective.

Source Controls

Source controls reduce the volume of runoff generated on-site and eliminate initial opportunities for pollutants to enter the drainage system. By working to prevent problems, source controls are the best option for controlling stormwater and include the following key practices:

• Preservation of existing natural features that perform stormwater managementfunctions, such as depressions, wetlands and vegetation along stream banks.

• The minimization of impervious surface area through site planning that makesefficient use of paved, developed areas and maximizes open space. Impervioussurfaces are also reduced by encouraging flexible street and parking standardswhile conforming to Livingston County Road Commission requirements and theuse of permeable ground cover materials.

• Direction of stormwater discharges to open, grassed areas such as swales ratherthan allowing stormwater to run off from impervious areas directly into thestormwater conveyance system. Careful design and installation of erosioncontrol mechanisms and rigorous maintenance throughout the constructionperiod. Effective erosion control measures include minimizing the area andlength of time that a site is cleared and graded and the immediate vegetativestabilization of disturbed areas.

Site Controls

Site controls are the subject of this document. After the implementation of source controls, site controls are then required to convey, pre-treat, and treat (e.g., detain, retain, or infiltrate) the stormwater runoff generated by development. The range of


engineering and design techniques available to achieve these objectives is to some degree dictated by site configuration, soil type, and the receiving waterway. For example, flat or extremely steep topography may preclude the use of grassed swales, which are otherwise preferable to curb and gutter systems, depending on the density of development. Likewise, sites upstream of cold-water fisheries may not be suitable for permanent wet ponds that discharge heated surface waters. But while each site will be unique, some universal guidelines for controlling stormwater quality and quantity can be stated. Preferred Hierarchy of Structural Site Controls 1) In general, the most effective stormwater quality controls are infiltration practices,

which reduce both the runoff peak and volume. But to date, structural infiltration devices such as basins and, to a lesser degree, trenches have suffered extremely high failure rates due to clogging. Therefore, an aggressive maintenance program and extensive upstream pre-treatment measures (such as oil/grit separators, sedimentation basins, and grass filter strips) must be incorporated into any stormwater management system that employs these devices. However, the use of oil/grit separators does not replace the need for sedimentation basins. In addition, these practices are only feasible on small sites with suitable soils and no potential for groundwater contamination.

2) The next most effective stormwater site controls reduce the runoff peak and involve

storage facilities such as retention and detention ponds. In the selection of an appropriate stormwater pond design, wet ponds are generally preferable to detention ponds since they hold stormwater much longer, allowing more particulate to settle out. In addition, the aquatic plants and algae within wet ponds take up soluble pollutants (nutrients) from the water column. These nutrients are then transformed into plant materials that settle to the pond floor, decay, and are consumed by bacteria. Since this biological process is dependent upon the presence of water, it does not occur in dry ponds. It should be noted that the encouraged use of wet ponds as defined in this manual is not intended to mandate the creation of regulated wetlands as defined by state law.

3) Where site conditions make the use of a wet pond infeasible, ponds should be

designed to provide extended detention of stormwater, again to promote as much settling of particulate as possible.

4) Once all possible methods of reducing and treating stormwater on-site have been

implemented, excess runoff must be discharged into conveyance systems and carried off-site in a suitable outlet. For this purpose, vegetated swales with check dams are generally preferred to curb and gutter systems and enclosed storm drains. However, we find that suburban homeowners generally do not understand the purpose of swales and roadside ditches. This leads to misuse and modification which prevents proper operation of an open drainage system.

Pond Design


Volume: Whereas detention basin design for flood control is concerned with relatively infrequent, severe runoff events such as the 25-, 50- or 100-year storm, design for water quality benefit is concerned with controlling the more frequent storm events (e.g., 1.5-year storm or less). Capturing and detaining the 1.5-year storm effectively avoid the negative impacts of erosive "bankfull" floods.

Also of primary importance to water quality is the capture and treatment of the "first flush,” a term used to describe the initial washing action that stormwater has on impervious surfaces. Pollutants that have accumulated on these surfaces are flushed clean by the early stages of runoff, which then carries a shock loading of these pollutants into receiving waterways. By capturing and treating the first 1/2-inch of runoff, up to 90% of all pollutants that are washed off of the land can be removed from stormwater before it enters the drainage system.

Treatment of the "bankfull" flood and "first flush" may be accomplished via the design of "dual detention basins.” These basins control stormwater discharge rates for both extreme events to prevent flooding and more frequent runoff events to mitigate water quality impacts and channel erosion.

Pre-treatment: It is strongly recommended that stormwater be pre-treated prior to entering a retention or detention pond by passing first through a sediment forebay. Sediment forebays function to reduce incoming water velocities and to trap and localize incoming sediments, thereby reducing pond maintenance. Sediment forebays also extend the flow path of stormwater, increasing its residence time.


III. The Role of the Livingston County Drain Commissioner

The preferred hierarchy discussed above (summarized in Table 1, page 13), provides a comprehensive framework for evaluating the place and function of individual BMPs within a stormwater management system. The most important BMPs are source controls that preserve and protect the natural environment. We must look to the staff and officials of local governments, as well as to developers and their design engineers and planners, to implement the source reduction approaches described earlier.

The Office of the Drain Commissioner exercises authority over the design and construction of structural facilities that convey and treat stormwater runoff that will be generated from a site as a result of its development. The Drain Commissioner's Rules regulate the design of such management facilities with the following objectives:

• Incorporate design standards that control both water quantity and quality.• Encourage innovative stormwater management practices that meet the criteria

contained within these rules.• Place an emphasis on the maintenance of facilities.• Make the safety of facilities a priority.• Strengthen the protection of natural features.• Encourage more effective soil erosion and sedimentation control measures.

Regardless of Drain Commissioner or Local Unit review, the developer is responsible for both on-site and off-site impacts associated with earth disturbance activities. The developer should take all precautions necessary to prevent downstream damage due to concentration of flow.

A. Local Unit Review

Typically the Local Unit retains an engineer to perform plan review of the proposed development. The purpose of such a review is to ensure conformance with engineering and design standards as codified in local ordinances applicable to the proposed development. In many cases this review by the local unit does include an analysis of the drainage system.

Historically, this office has accepted the engineering review by the local unit as a valid drainage review, required by this office prior to issuance of a grading permit. We have observed the result of this prior acceptance of local unit review to be as follows:

• Non-uniformity in drainage review between local units.• Local unit priorities, such as reviewing plans for compliance of water and sewerage

systems with local codes, result in drainage review having a lower priority.• Approval of developments by local units without adherence to the Drain

Commissioner’s drainage standards and resultant drainage problems, both on theapproved property and downstream. These drainage problems then result in thelocal unit contacting the Drain Commissioner to mediate drainage disputes with littleresultant impact, unless the drainage dispute is directly associated with a countydrain.


Therefore, the following conditions are provided as a precursor to acceptance of a drainage review from a local unit:

• The drainage system for the development is not proposed to be dedicated to theDrain Commissioner under the applicable provisions of the Drain Code.

• The drainage system for the development does not directly outlet to a County Drain.• The road system in the development is intended to be private.• The local unit must have a stormwater management ordinance, and said ordinance

must require all developments within the local unit be designed to the standardsoutlined herein.

• The engineering review letter prepared on behalf of the local unit and submitted tothis office must state that a professional engineer reviewed the plans forconformance with these standards, and that the proposed design meets allstandards herein.

• Exceptions to the above requirements may be granted for parcel divisions, if themedian parcel size in the overall parcel split exceeds two acres, and the developersengineer certifies that:

i. The proposed parcel division will not result in a concentration of flowsufficient to require detention, and

ii. The outlet for the proposed parcel division is adequate to accept designflows without detriment to other properties in the watershed.

The Drain Commissioner may require a demonstration that the above two conditions are met as a condition of accepting the certification required above.

TABLE 1: Hierarchy of Preferred Best Management Practices

Non-Structural (Source) Controls 1) Preservation of the natural environment2) Minimization of impervious surfaces3) Use of vegetated swales and natural storage

Structural (Site) Controls 4) Infiltration of runoff on-site (trenches, etc.)5) Stormwater retention ponds6) Stormwater detention structures7) Conveyance off-site


Components of an Effective Stormwater Management System

Runoff Source Control Preserve the Natural Environment Site Design Minimize Impervious Area Disconnect Impervious Areas Vegetative Practices (Filter Strips, Stream Buffers) Grading and Soil Erosion and Sedimentation Control Road Maintenance Chemical Use and Storage

Runoff Conveyance Vegetated Swales w/Checkdams Level Spreaders

Runoff Pretreatment Sediment Forebays Oil Grit Separators Micropools

Runoff Treatment Infiltration Devices Stormwater Marsh Systems Retention/Detention Basins • 100-year Storm• Bankfull Flood• First Flush

System Maintenance Inspection Sediment Disposal Access

Secondary Impact Stream Restoration Mitigation Downstream Wetland Protection

Source: Adapted from Washtenaw County Drain Commissioner, 1998.


Part A: Procedures and Design Criteria for Stormwater Management Systems


SECTION 1 - PROCEDURES FOR PLAN SUBMISSION AND REVIEW

I. Authority

A. All plats recorded with the Register of Deeds must conform to Act 288 of the Public Acts of 1967, as amended. Under this Act, the Drain Commissioner is responsible for ensuring that the drainage or stormwater management system of a subdivision is adequate to address stormwater management needs within the proposed subdivision and for protecting downstream landowners. The procedures, standards, and recommendations set forth in these rules are designed for these purposes.

B. In accordance with the provisions of Act 288, the Drain Commissioner has the authority, through the subdivision review process, to require that County drains, both inside and outside of a plat, be improved to the standards established by the Drain Commissioner when necessary for the proper drainage of a proposed subdivision.

C. As specified in Act 288, the Drain Commissioner may acquire jurisdiction over the drainage systems within subdivisions as deemed necessary for adequate operation and maintenance. (See Appendix A.)

D. The general standards set forth herein will be applied by the Drain Commissioner in review of site condominium plans prepared under Act 59, P.A. 1978, as amended.

E. The general standards set forth herein will be applied by the Drain Commissioner in review for plans for mobile home parks prepared under Act 96, P.A. 1987.

F. All developments within an established drainage district, as established under Act 40 of P.A. of 1956, as amended, shall conform to all requirements herein.

G. All developments requiring a soil erosion permit, under Part 91 of P.A. 451 of 1994, as amended, shall conform to all requirements herein.

H. All developments in Townships, Cities, or Villages, where review according to these guidelines is required, shall conform to all requirements herein.

I. These rules provide minimum standards to be complied with by proprietors and in no way limit the authority of the municipality in which the development is situated to adopt or publish and enforce higher standards as a condition of approval of the final plat or site plan.

J. Stormwater management technologies are rapidly developing and improving; these rules will be revised as necessary, with the most recently dated rules being applicable.

K. The Drain Commissioner reserves the right to determine site-specific requirements other than those herein, based upon his review of the plans.


II. Preliminary Plat or Plan Submission and Approval

A. Submission Requirements

1. A preliminary plat (or plan) showing the layout of the area intended to bedeveloped will be submitted to the Drain Commissioner's Office by theproprietor. This plat (or plan) will be prepared under the direction of, andsealed by, a registered professional engineer or a registered land surveyor andshould fit on a sheet of paper that does not exceed 24 inches by 36 inches.The preliminary plat (or plan) shall be drawn to a standard engineering scale nosmaller than 1”=100’.

2. Four prints of the preliminary plat (or plan), prepared in accordance with therules set forth in this section, will be submitted together with a letter oftransmittal requesting that the preliminary plat be reviewed and, if foundsatisfactory, approved. The names of the proprietor and engineering orsurveying firm, with mailing addresses, fax and telephone numbers for each,will be included with the transmittal.

3. The preliminary plat (or plan) will include the following general information. Achecklist including additional details is provided in Appendix B:

a. The location of the proposed development by means of a small locationmap.

b. The township, city, or village in which the parcel is situated.

c. The section and part of section in which the parcel is situated.

d. The proposed drainage system for the development.

e. The proposed street, alley, and lot layouts and approximate dimensions.

f. The location and description of all on-site and adjacent off-site featureswithin 200 feet of the property boundary that may be relevant indetermining the overall requirements for the development. For example:

� Adjoining roads and developments

� Railroads

� High tension power lines or underground transmission lines

� Cemeteries

� Parks

� Natural and artificial watercourses, wetlands and wetland boundaries, floodplains, lakes, bays, and lagoons

� Designated natural areas

� Any proposed environmental mitigation features


� Drains, sewers, water mains

� Existing and proposed easements

� Features greater than 200 feet from the property boundary may need to be shown depending on their relevancy to the drainage system design

� Septic fields and wells (within 50 feet of planned retention/detention or underground drainage facilities)

g. The number of acres to be developed.

h. Contours, at two-foot intervals or less, with U.S.G.S. datum.

i. Soil borings indicating seasonally high groundwater elevations arerequired at the sites of proposed retention/detention facilities, and asneeded in areas where high ground water tables exist.

4. Required Stormwater Management Information

• A description of the off-site outlet, evidence of its adequacy, and a detaileddescription of the effects of said outlet on downstream properties.

• Any natural watercourses, County and inter-County drains that traverse orabut the development.

• Any water course passing through the development, along with thefollowing:

1) Area of upstream watershed and current zoning.

2) Preliminary calculations of runoff from the upstream watershed areafor both the 100-year and 1.5-year 24-hour design storms, for fullydeveloped conditions according to the current land use plan for thatarea.

• All calculations, including an electronic copy of any spreadsheets in QuattroPro or Microsoft Excel format, used in the preliminary design of stormwatermanagement systems must be submitted to the Drain Commissioner alongwith plans.

5. The proprietor will describe the mechanism to be established to provide forlong-term maintenance of the stormwater management system. The DrainCommissioner may require that a County drainage district be establishedpursuant to the Drain Code.

6. Should the proprietor plan to develop a given area but wish to begin with only aportion of the total area, the original preliminary plat or plan will include theproposed general layout for the entire area. The first phase of the developmentwill be clearly superimposed upon the overall plat or plan in order to illustrateclearly the method of development that the proprietor intends to follow. Each


subsequent plat or plan will follow the same procedure until the entire area controlled by the proprietor is developed.

7. Final acceptance by the Drain Commissioner of only one portion or phase of adevelopment does not ensure final acceptance of any subsequent phases orthe overall general plat or plan for the entire area; nor does it mandate that theoverall general plat or plan be followed as originally proposed, if deviations ormodifications acceptable to the Drain Commissioner are proposed.

B. Drainage Review Requirements

1. Proposed drainage for the development shall conform to existing watershedboundaries, natural drainage patterns within the site, or any established Countydrainage districts.

a. Proposed drainage shall complement any local stormwater managementplans that may exist and/or comply with any ordinance in effect in themunicipalities where the subdivision is located.

b. The concentration of flow due to development of the site shall not createadverse impacts to downstream property owners and watercourses.

c. Off-site drainage and/or flooding easements will not be required where thedischarge is directly to a sufficient outlet (e.g., a lake, stream, wetland, orcounty drain) and the developer determines that no adverse impacts willoccur to downstream property owners. Where the discharge is not directlyto a sufficient outlet, off-site easements will be required unless thefollowing conditions are met:

i. Discharge does not exceed the pre-development peak flow rate fora series of rainfall events. At a minimum, analyses of the first flush,bankful, 10-year, and 100-year are required. Analysis of additionalstorms between the 10-year and 100-year may be required forlarger developments or developments anticipated to have regionaldrainage impacts.

ii. An outlet assessment is performed which includes descriptions ofthe surrounding area, including nearby houses, that would beimpacted by the concentration of flow

iii. The developer and his/her engineer determine that no adverseimpact will occur to downstream property owners and stipulate thisin writing

d. Discharge shall not exceed existing drain capacity. Both volume and rateof discharge from a development may be reduced to levels lower thanstated (and as determined by the Drain Commissioner) in these guidelinesif proposed discharge levels exceed existing drain capacity.


e. In no case shall the rate of discharge from a development for any stormevent up to the 100-year exceed 0.2 cfs/acre.

2. In general, the Drain Commissioner will not accept responsibility for roadsideditches. The Livingston County Road Commission maintains these if locatedwithin the right-of-way of a public road.

C. Preliminary Plat or Site Plan Approval

1. The Drain Commissioner will approve or reject a preliminary plat or plan within 30 days of its submittal. If the proposed plat is not approved as originally submitted, the Commissioner will notify the proprietor in writing, setting forth the reasons for withholding approval. If the proposed preliminary plat as submitted meets all requirements, one approved copy of the preliminary plat will be returned to the proprietor. Approval of the preliminary plat is required before the Drain Commissioner will proceed with review of final construction plans.

2. Payment of all fees is prerequisite to approval (see Fee Schedule, Appendix C).

III. Construction Plan Approval

A. General Information

For all projects, the developer will submit a letter of transmittal requesting review. The names of the proprietor and engineering firm, with mailing addresses, fax and telephone numbers for each, shall be included with the transmittal.

The Drain Commissioner will review construction plans to assure that the design provides adequate storm drainage and that the stormwater management system provides adequately for water quantity and quality management to ensure protection of property owners and watercourses both within the proposed development and downstream. In addition, the system must not impact upstream conveyance.

B. Submission Requirements

1. For all projects, the developer will submit four complete sets of constructionplans, drawn to a scale no smaller than 1" = 50' and on sheets no larger than24" x 36". The plans shall be sealed by a registered professional engineer inthe State of Michigan and drawn to standard engineering scales. When planshave been approved, copies of the electronic files, in accordance with theformats approved by the Livingston County Geographic Information SystemsManagement Department, shall also be provided. Those items that specificallyrelate to the storm drainage facilities such as storm sewers, swales, ponds,grading plans, etc., as well as all available information such as complete sitelayout, sanitary sewer and watermain plans, topographic surveys, etc., shall beincluded. Construction plans shall include all drainage informationrequirements listed in Section II, as well as the following, where applicable (seeAppendix D for Construction Plan Check List):


a. The property description including total acreage as well as the location of the proposed project by means of a small location map. If the project is to be completed in phases, the number of acres in each phase shall also be included.

b. The proposed project layout with all dimensions, including the proposed drainage system for the project.

c. A map, at the U.S.G.S. or larger scale, showing the drainage boundary of the proposed project and its relationship with existing drainage patterns.

d. The location and description of all on-site and adjacent off-site features including but not limited to: adjoining roads and subdivisions; railroads; high tension power lines and/or underground transmission lines; cemeteries; parks; natural and artificial watercourses; wetlands and wetland boundaries; floodplains, lakes, bays, and lagoons; designated natural areas; any proposed environmental mitigation features; drains, sewers, watermains, septic fields, and wells; existing and proposed easements.

e. Plans, profiles, and details of all roads and storm sewers. The storm sewer details will include type and class of pipe, length of run, percent of slope, invert elevations, rim elevations, depth of burial, backfill type, depth and compaction, and profile of the hydraulic gradient, as specified in Section II of these rules.

f. Storm sewer calculations, indicating the number of acres calculated to the nearest tenth of an acre, contributing to each specific inlet/outlet, the calculated hydraulic gradient elevation, maximum flow in cfs and the flow velocities for enclosed systems.

g. Open ditch drains and drainage swales shall be shown with a typical ditch cross-section and matching contours.

h. Plans and details of the proposed soil erosion and sedimentation control measures, both temporary (during construction) and permanent.

i. Plans and details of proposed retention/detention facilities. Soil borings and seasonally high groundwater elevations are required at the sites of these facilities and as needed in areas where high ground water tables exist.

j. A drainage area map, overlaid onto a copy of the site grading plan, which clearly shows the areas tributary to each inlet and/or storage basin.

k. Topographic maps, at two-foot contour intervals or less on U.S.G.S. datum, showing existing and proposed elevations, as well as off-site topography over at least 200 feet of the adjoining property. Maps will also show all existing watercourses, lakes and wetlands, and the extent of all off-site drainage areas contributing flow to the development.


l. Locations of all drain fields as approved by the Livingston CountyEnvironmental Health Department and of all reserve areas. Drain fieldsshall not be located within drainage easements and shall also comply withisolation distance requirements as stated in the Livingston County SanitaryCode.

m. Minimum finish floor elevations. Basement opening elevations are required where walkout or daylight basements are proposed

n. Benchmark locations and elevations.

2. Specifications governing construction of stormwater management facilities.

a. Design data and criteria used for sizing all drainage structures, channels, and detention/retention basins including weighted runoff coefficient calculations. (Refer to Appendices.)

b. A stormwater facility maintenance plan, schedule, and budget estimating the costs that will be associated with system maintenance.

3. A soil erosion permit under The Michigan Soil Erosion and Sedimentation Control Act, P.A. 451, Part 91 Public Acts of 1994, as amended, will be obtained from the Livingston County Drain Commissioner prior to any construction.

4. Review of construction plans by the Drain Commissioner will not proceed until preliminary plat or plan approval has been granted.

5. Approval of construction plans by the Drain Commissioner's office is valid for one calendar year or up to two calendar years if allowed by the local governing body. If an extension beyond this period is needed, the proprietor will submit a written request to the Drain Commissioner for an extension. The Drain Commissioner may grant one-year extensions of the approval and may require updated or additional information, if needed. Should modifications be made to the plans, a new review may be required subject to the appropriate review fees.

6. Payment of all fees is prerequisite to approval (see Fee Schedule, Appendix C).


IV. Final Subdivision Plat Approval

A. General Requirements

Final subdivision plat review will be completed by the Drain Commissioner's officewithin 10 days of submission by the proprietor. If the plat is not acceptable, writtennotice of rejection and the reasons therefore will be given to the proprietor. If theCommissioner approves the plat, s/he will affix his/her signature to it and the plat willbe executed.

B. Review Requirements

1. The preliminary plat must be approved by the municipal governing body inwhich the proposed development is located. Evidence of this approval will besubmitted to the Drain Commissioner's office with the final plat.

2. If the proprietor does not present the final plat to the Drain Commissioner forapproval within two years after preliminary plat approval, resubmittal of thepreliminary plat and/or construction plans may be required in light of newinformation which may become available in the interim.

3. Before approval of the final plat or construction plans, it must be demonstratedthat all necessary wetland, floodplain, inland lakes and streams, erosion controlor other needed State, Federal, or local permits are in place.

4. If the stormwater management system is constructed before the proprietorseeks final plat approval, the developers engineer will submit certification of thestormwater system construction. This certification will state that the stormwaterfacilities were installed in an acceptable manner and according to constructionplans approved by the Drain Commissioner.

5. All plats shall be established as public drainage.

V. Drains Under the Jurisdiction of the Drain Commissioner

The Drain Commissioner may require jurisdiction over platted subdivisions. The Drain Commissioner will only accept jurisdiction over other developments where the Livingston County Road Commission accepts the road system. For drains proposed to be under the jurisdiction of the Drain Commissioner, the following additional requirements apply:

A. Prior to Construction Plan Approval and Issuance of a Grading Permit

1. Developments proposed to have public drains must submit a completed Section433 Agreement (see Appendix “A”).

2. A $2500.00 cash deposit must be made to provide for future maintenance. Anadditional administrative fee will be required as defined in Appendix C.


3. Approval by the Drain Commissioner’s Office of the master deed and/or landuse and deed restriction language. The deed restriction language shall includethe minimum finish floor and basement opening elevations from the approvedplans.

4. Existing county drain easements will be indicated on the plans and designatedas "_____________" (County) Drain. County drain easements prior to 1956were not required by statute to be recorded; therefore, it may be necessary tocheck the permanent records of the Drain Commissioner's Office to see if adrain easement is in existence on the subject property. Related easementlanguage will be depicted on final Mylar plats and/or exhibit B condominiumdrawings as follows:

"All drainage easements and detention (or retention) areas are under the jurisdiction of the Livingston County Drain Commissioner and the (insert development name) Drain Drainage District."

The placement of any utilities in a drainage easement is strongly discouraged and will require that a license be obtained from the Livingston County Drain Commissioner for the placement of any permanent structure within a drainage easement. Any utility shall be located such that it shall not significantly increase the expense of maintaining the drainage facility.

5. A permit will be obtained from the Drain Commissioner prior to tapping orcrossing any county drain.

6. Agreements for any proposed relocations of county drains will be processedthrough the office of the Drain Commissioner and recorded prior to the issuanceof a grading permit and/or the start of construction.

7. The proprietor will post cash or a letter of credit in an amount not less that 10%of the cost of the stormwater facilities for projects of less than $100,000, and aminimum of $10,000 or 5% of the cost, whichever is greater, for projects over$100,000. This deposit will be held for one year after the date of finalacceptance of the stormwater facilities. This deposit will be returned to theproprietor, as provided above, provided all stormwater facilities are clean,unobstructed, and in good working order.

8. The proprietor shall make arrangements acceptable to the Drain Commissionerfor inspection during construction, including submittal of inspection reports, andfor final verification of the construction by a Michigan registered professionalengineer prior to the approval of the final construction plans.

B. Prior to Final Acceptance by the Drain Commissioner

1. Release of drainage easements to the Drainage District, including a metes andbounds legal description, must be executed and recorded prior to finalacceptance of the Drainage District.

2. Public drainage systems shall be inspected and approved by the Office of theLivingston County Drain Commissioner prior to final acceptance.


3. Reproducible Mylars of the as-built stormwater management system(s) anddigital copies, in accordance with the formats approved by the LivingstonCounty Geographical Information Systems Management Department, will besubmitted by the proprietor or his/her engineer to the Commissioner along withthe final plat or upon completion of system construction. The Mylars are to beof quality material and three mils in thickness. Horizontal location of alldrainage structures relative to a coordinate point or lot corner shall be providedon as-built drawings. Alternately, locations may be shown by road stationingwith offsets.

4. A post-construction letter of certification from the professional engineerresponsible for the design that certifies construction of the system inaccordance with the approved plans and guarantees the as-built volume of anystormwater management ponds to meet or exceed approved storage capacitiesshall be received.

5. Copies of all documents recorded at the Register of Deeds shall be submittedto the Drain Commissioner.


SECTION 2 - DESIGN CRITERIA FOR STORMWATER MANAGEMENT

SYSTEMS

This section sets forth specific design and construction standards that will be used by the Drain Commissioner in review of proposed stormwater management systems, in accordance with the objectives of managing both the quantity and quality of stormwater runoff.

I. Site Drainage - General Requirements

A. Stormwater Discharge

In no event shall the maximum design rate of discharge exceed that stated in Part A, Section 1.11.13, page 19.

It is the proprietor's obligation to meet this standard. Should a stormwater system, as built, fail to comply with the rules herein, it is the proprietor's responsibility to design and construct, or to have constructed at his/her expense, any necessary additional and/or alternative stormwater management facilities. Such additional facilities will be subject to the Drain Commissioner's review and approval. Additional volume controls will be required in such cases as will acquisition of rights-of-way from downstream property owners receiving the stormwater flow.

B. Determination of Surface Runoff

The "rational method" of calculating stormwater runoff is generally acceptable for sites less than 640 acres in size. For sites over 100 acres, due caution should be exercised. Other methodologies for predicting runoff, such as runoff hydrographs, may be required by the Drain Commissioner for sizing the drainage systems on sites that are deemed potentially problematic. Acceptable alternative methods include:

� Corps of Engineers HEC-1

� Soil Conservation Service UD-21, TR-20 and TR-55

1. All design rainfall events will be based on the SCS Type II distribution.

2. Computations of runoff hydrographs that do not rely on a continuous accountingof antecedent moisture conditions will assume a conservative wet antecedentmoisture condition.

3. For watersheds equal to or greater than two square miles, where approval ofthe Michigan Department of Environmental Quality is required, the MDEQ willcompute the runoff rates at no cost. MDEQ requires applicants to use the UD-21 method by SCS in lieu of the rational method. This method was developedfor small watersheds by SCS and can be used for watersheds up to 10 square


miles. The current version of UD-21 contains updated rainfall curves. Computer programs such as HEC-1 and HEC-RAS, MDEQ permit applications, etc., can be downloaded from the MDEQ’s web site located at http://www.deq.state.mi.us/lwm.

4. A summary of Livingston County soils and corresponding hydrologic groups isprovided in Appendix G.

II. Design Standards for Constructed Stormwater ManagementFacilities

A. Retention and Detention Systems

NOTE: • Extensive literature is available on specific design concepts and

alternatives, and references are available within this document's bibliography (see Part C, References).

• Diagrams for this section are contained within Appendix H. Several other structural BMPs not referenced within the following text are also illustrated.

1. General Requirements

All runoff generated by proposed impervious surfaces, unless otherwise permitted by the Drain Commissioner, must be conveyed into a stormwater storage facility for water quality treatment and detention/retention prior to being discharged from the site. The following criteria will apply to the design of all stormwater retention and detention facilities.

a. In general, wet ponds and stormwater marsh systems will be preferred todry ponds. Dry ponds providing extended storage will be accepted whenthe development site's physical characteristics or other localcircumstances make the use of a wet pond infeasible.

b. Public safety will be a paramount consideration in stormwater system andpond design. Providing safe retention/detention is the proprietor'sresponsibility. Pond designs will incorporate gradual side slopes,topsoiling, seeding and mulching, plantings per landscape plan if one isrequired, and safety shelves. Where further safety measures are required,the proprietor is expected to include them within the proposeddevelopment plans.

c. Stormwater management systems incorporating pumps shall not bepermitted in developments with multiple owners, such as subdivisions andsite condominiums. Variances from this rule will be considered only as ameasure of last resort, subsequent to demonstration that no alternativesystem designs are technically feasible. Special requirements, such as theestablishment of an operations/maintenance/replacement escrow accountby the Developer, may be imposed to help defray special assessments


that would be levied upon future property owners for maintenance of the system.

d. For drainage systems proposed to be under the jurisdiction of the DrainCommissioner, detention and retention facilities shall be located oncommon-owned property (e.g., parks, outlots, etc.) in multi-ownershipdevelopments such as site condominiums and subdivisions and not onprivate lots or condominium units. For private drainage systems, thestormwater ordinance of the local unit will govern where these ponds maybe located.

e. The use of underground retention/detention on new and existingdevelopments is strongly discouraged and prohibited on drains proposedto be under the jurisdiction of the Drain Commissioner. Exceptions maybe granted if each of the following conditions exist:

1) A catastrophic property loss results in the need to rebuild an existingcommercial facility that was not previously equipped withretention/detention, and the installation of an above-groundretention/detention facility would significantly reduce the availablesquare footage for a replacement structure.

2) Regional retention/detention is not available.

3) The provision of above-ground retention/detention on a existingcommercial parcel less than two acres in size would precludedevelopment of the property under its current zoning. Parcels splitafter January 2002 will not be permitted to utilize undergroundretention/detention under this exception.

f. Sediment forebays (upper stage) will be provided at the inlet of allstormwater management facilities to provide energy dissipation and to trapand localize incoming sediments.

1) The forebay will be a separate basin, which can be formed bygabions or a compacted earthen berm.

2) The capacity of the forebay will be equivalent to 5% of the 100-year storm volume based on the area tributary to the inlet.

3) Direct maintenance access to the forebay for heavy equipmentwill be provided.

4) An adequate area for temporary staging of spoils, prior toultimate disposal, shall be provided. This area shall be protectedsuch that no runoff will be directed back into the stormwatermanagement system or onto private property. For publicdrainage systems, an easement dedicated to the DrainCommissioner must be provided over the disposal area.


g. For safety purposes and to minimize erosion, basin side slopes willgenerally not be flatter than one-foot-vertical to 20-feet-horizontal (20:1),nor steeper than one-foot-vertical to three-feet-horizontal (3:1). For drainsproposed to be under the jurisdiction of the Drain Commissioner, slopessteeper than one-foot-vertical to five-feet-horizontal, will be permitted onlywith the installation of a four-foot-high chain link fence completelysurrounding the detention facility. In such cases, a 12-foot-wide accessgate shall be provided. Installation of fencing on private systems shall begoverned by the stormwater ordinance of the local unit.

h. Anti-seep collars should be installed on any piping passing through thesides or bottom of the basin to prevent leakage through the embankment.

i. All basins will have provisions for a defined emergency spillway, routed sothat it can be picked up by the main outflow channel while not dischargingdirectly over the outlet pipe. The emergency spillway will be set at anelevation six inches above the design high water elevation.

j. Adequate maintenance access from public or private right-of-way to thebasin will be reserved. The access will be on a slope of 5:1 or less,stabilized to withstand the passage of heavy equipment, and will providedirect access to both the forebay and the riser/outlet.

k. The placement of retention/detention basins within a floodplain of astream, creek, or lake is prohibited.

2. Detention Requirements

On-site management of storm drainage will be designed for control of flooding, downstream erosion, and water quality. Submission of flow calculations, cross-sections, and other pertinent data will be required.

a. A minimum of one foot of freeboard will be required for all detentionbasins.

b. At a minimum, the volume of storage provided for flood control will beequal to or in excess of that required by the Livingston County DrainCommissioner's "A Simple Method of Detention Basin Design" for a 100-year frequency storm (see Appendix I). If the methodology in Appendix Iresults in the maximum design rate discharge exceeding that stated inPart A, Section 1.II.B, page 19, additional storage will be required.

c. The volume and storage provided for controlling the “bankfull” flood will beequal to or in excess of the total rain from a 1.5-year, 24-hour storm. Thisstorage volume is slightly increased from Cpv, the channel protectionstorage volume, as used in Appendix H. This can be determined by:

8160 x acreage x the relative imperviousness factor C = cubic feet


The release rate from the “bankfull” storage volume will be such that this volume will be stored not less than 24 or more than 40 hours.

d. The "first flush" of runoff is defined as the first 0.5 inch of runoff over theentire site. The majority of this volume will be captured in the sedimentforebay, with the residual volume detained for a minimum of 24 hours. Thevolume of the first flush can be determined by:

1815 x acreage x the relative imperviousness factor C = cubic feet

e. Basin Inlet/Outlet Design

1) Engineered velocity dissipation measures based on discharge flowrates and velocities will be incorporated into basin designs to minimizeerosion at inlets and outlets, to minimize the re-suspension ofpollutants, and to create sheet flow conditions where feasible.

2) To the extent feasible, the distance between inlets and outlets will bemaximized. The length and depth of the flow path across basins andmarsh systems can be maximized by:

a. increasing the length-to-width ratio of the entire design.

b. increasing the dry weather flow path within the system to attainmaximum sinuosity. If possible, inlets and outlets should beoffset at opposite longitudinal ends of the basin

3) The outlet will be well protected from clogging.

4) Riser Design

a. The use of a perforated standpipe-type riser structure to assurean appropriate detention time for all storm events is required.

b. Orifices used to maintain a permanent pool level shouldwithdraw water at least one foot below the surface of the water.

c. Hoods or trash racks shall be installed on the riser to preventclogging. Grate openings shall be a maximum of three inches.

d. Orifice plates are discouraged. Where an orifice plate is to beused in the standpipe to control discharge, it will have aminimum diameter of four inches

c. The riser shall be placed near the pond embankment to providefor ready maintenance access.

d. Barrels and risers will be constructed of materials that willreduce future maintenance requirements. The riser pipe shallbe a minimum of 36 inches in diameter for riser pipes up to fourfeet in height. Riser pipes greater than four feet in height shallbe 48 inches in diameter. Riser pipes will be constructed withconcrete bottoms.


e. Where feasible, a drain for completely de-watering the pondshould be installed for maintenance purposes.

5) Outlet Design

a. All outlets will be designed to be easily accessible for heavyequipment required for maintenance purposes.

b. All outlets will be designed to discharge at an elevation withintwo feet of the 100-year floodplain elevation for the receivingwater body. Discharging at the “crest” of slopes will not bepermitted.

c. Backwater on the outlet structure from the downstreamdrainage system shall be evaluated when designing the outlet.

3. Permanent Retention Ponds

a. Freeboard: Retention Basins shall provide three feet of freeboard.

b. Storage Volume

Retention basins will be capable of storing two inches of runoff from theentire tributary area, contingent upon the following:

1) An overflow assessment will be required. The assessment shouldinclude descriptions of the surrounding areas, including nearbyhomes, which would be impacted in the event of an overflow.

2) The proprietor must submit a soil boring log taken within the basinbottom area to a depth of 25 feet below existing ground or 20 feetbelow proposed basin bottom elevation.

The Drain Commissioner reserves the right to require additional storage up to that required by two consecutive 100-year storm events based on the results of soils data or the overflow assessment. If such additional storage is required, freeboard requirements may be reduced at the discretion of the Drain Commissioner.

4. Wet Detention Basins

a. Storage Volume and Freeboard Requirements

Storage volume and freeboard requirements shall be identical to that for adry basin (see Appendix I). For a gravity outflow wet basin, storagevolume is defined as "the volume of detention provided above the invert ofthe outflow device.” Any volume provided below the invert of the outflowdevice will not be considered as detention.


At a minimum, the volume of the permanent pool should be at least:

2.5 x 0.5 inch* x runoff coefficient x site drainage area in cubic feet.

* 0.5 inch represents the mean storm event. This was determined by adding the totalprecipitation rainfall recorded at Detroit Metro Airport from 1977 to 1987 and dividing bythe total number of storm events. Storms below 0.2” of precipitation, snowfall, andsnowmelt were omitted.

b. Wet detention pond configuration will be as follows:

1) Surface area to volume ratio should be maximized to the extentfeasible.

2) In general, depths of the permanent pool should be varied andaverage between three and six feet.

3) A minimum length-to-width ratio of 3:1 should be used unlessstructural measures are used to extend the flow path.

4) Ponds should be wedge-shaped, narrower at the inlet and wider at theoutlet.

5) Irregular shorelines are preferred.

c. A marsh fringe should be established near the inlet or forebay and aroundat least 50% of the pond's perimeter.

d. A shelf, a minimum of four feet wide at a depth of one foot, will surroundthe interior of the perimeter to provide suitable conditions for theestablishment of aquatic vegetation and to reduce the potential safetyhazard to the public.

e. In-line detention basins are strongly discouraged in all circumstances, andare prohibited on watercourses greater than two square miles upstream oron a County drain. In-line basins are also prohibited if the waterway to beimpounded traverses any area outside of the proposed development.

5. Extended Detention Basins

Extending the detention time to at least 24 hours of dry or wet ponds is aneffective, low-cost means of removing particulate pollutants and controllingincreases in downstream bank erosion. Positive impacts of ED ponds includecreation of local wetland and wildlife habitat, limited protection of downstreamaquatic habitat, and recreational use in the infrequently inundated portion of thepond.

A two-stage design is required, with separate outlet controls to detain both the1.5-year and larger rain events.


a. Lower Stage (wet pond area)The lower stage should contain a shallow, permanent pool designed tostore and treat the "first flush,” or 0.5 inch, of runoff over the entire site.This pool should be managed as a shallow marsh or wetland and average6-12 inches in depth.

At a minimum, the volume of runoff detained in the entire lower stage should be equivalent to the runoff volume produced by a 1.5-year storm.

b. Upper StageThe upper stage should be sized for the 100-year, 24-hour storm andshould be graded to remain dry except during large storms.

A low flow channel, stabilized against erosion, will be provided through the dry portion of the basin. This channel should have a minimum grade of 0.5%, and the remainder of the basin should drain toward this channel at a grade of at least 1%. The low flow channel should end at the lip of the lower stage, where riprap or gabion baffles will be placed to prevent scour and re-suspension.

6. Stormwater Wetland Systems

Background Stormwater wetlands are defined as constructed systems explicitly designed to mitigate the stormwater quality and quantity impacts associated with development. They do so by temporarily storing stormwater runoff in shallow pools that creates growing conditions suitable for emergent and riparian wetland plants. The runoff storage, complex micro-topography, and emergent plants in the stormwater wetland together form an ideal system for the removal of urban pollutants. Because of their water quality benefits, the use of stormwater wetlands is encouraged.

As a general rule, stormwater wetlands should not be located within delineated natural wetland areas.

The design of an effective and diverse stormwater wetland requires a sophisticated understanding of hydrology and wetland plant ecology. Therefore, a qualified professional with specific wetland expertise must oversee wetland construction, re-construction, or modification. Example schematics of a stormwater wetland system are provided in Appendix H. A reference for the design of stormwater wetlands is by Thomas R. Scheuler, "Design of Stormwater Wetland Systems" (published by the Metropolitan Washington Council of Governments).

a. Stormwater wetland systems must be designed to perform in conformancewith all standards for storage volume and discharge rate established inthese rules.

b. For developments with stormwater wetlands systems proposed to bemaintained by the Drain Commissioner, the developer will provide for the


monitoring of wetland plantings and replacement as needed for a two-year period after construction.

7. Stormwater Conveyance

All structures will be constructed in accordance with governing specifications(Michigan Department of Transportation, Livingston County Road Commission,or Livingston County Drain Commissioner). In the event of no other governingspecifications, the latest edition of the Michigan Department of Transportationstandards will be observed.

1. Natural Streams and Channels

a. Natural streams are to be preserved. Natural swales and channelsshould be preserved whenever possible.

b. If channel modification must occur, the physical characteristics of themodified channel will meet the existing channel in length, cross-section, slope, sinuosity, and carrying capacity.

2. Vegetated Swales/Open Ditches

a. Swales should:

• Follow natural, pre-development drainage paths insofar aspossible.

• Be well vegetated, wide, and shallow (see Appendix H).

b. Open ditch flow velocities will be neither siltative nor erosive. Ingeneral, the minimum acceptable velocity for the 10-year storm willbe 1.5 ft./sec., and the maximum acceptable velocity will be 4.0ft./sec. Where the above velocity is exceeded, the channel shall beprotected by cobble paving or other means to prevent scour.

c. Side slopes of ditches should be no steeper than 3:1. Soilconditions, vegetative cover, and maintenance ability will be thegoverning factors for determining slope requirements.

d. In general, a four-foot clearance will be provided between openswale/ditch inverts and underground utilities unless special provisionsare employed. Special provisions, for example, could be theencasement of utility lines in concrete when crossing under thechannel. In no case will less than three feet of clearance be allowed.

e. All bridges will be designed to provide a two-foot minimum floodstage freeboard to the underside of the bridge. Footings will be atleast one foot below the invert grade of the channel. Depending onsoils, additional footing depth may be required.


3. Enclosed Drainage Structures

a. Enclosed storm drain systems will be sized to accommodate the 10-yearstorm, with the hydraulic gradient generally kept below the top of the pipe.In no case shall the elevation of the hydraulic gradient exceed a point lyingone foot below the rim elevation of a manhole, catch basin, or inlet.

b. Pipes shall be free flowing and self-draining. Therefore, no portion of astorm drainage system shall be permanently submerged.

c. Drainage structures will be located as follows:

1) To assure positive drainage of all areas of the subdivision notdesignated as stormwater retention or detention areas. Natural,small, undrained areas, or “potholes,” are desirable and can bemaintained as natural retention areas if the following apply:

• An easement is designated for the entire “pothole” area up to andincluding the spillway elevation.

• No portion of the easement shall be located within the buildingenvelope.

• Sideslopes of the “pothole” are no greater than 3:1.• For drains proposed to be under the jurisdiction of the Drain

Commissioner, restrictions relating to use of the low area are citedin the master deed/bylaws and sellers disclosure for the affectedlots.

2) At all low points of streets and rear yards unless easements andoverflow spillways protect rear yard swales.

3) Such that there is no flow across a street intersection.

4) For smaller enclosed pipes (12-24 inches), manholes will not bespaced more than 400 feet apart. Longer runs up to 600 feet may beallowed for larger sized pipe, but in all cases the Drain Commissionermust deem maintenance access adequate.

d. The catch basin or inlet covers should be designed to accept the 10-yeardesign storm. No ponding of water should occur during this storm eventunless an easement is provided for the ponding area.

e. Discharge from enclosures shall be designed as follows:

1) All outlets will be designed so that velocities will be appropriate to,and will not damage, receiving waterways.

2) All outlets will be provided with flared end sections.

3) Outlet protection shall employ engineered riprap design. Medianriprap size, dimensions, and total quantity in square yards shall be


determined based on the pipe size, design velocity, and discharge. All riprap shall be underlain with approved geotextile fabric. Other approved materials will be provided as necessary to prevent erosion.

4) The soils above and around the outlet will be compacted andstabilized to prevent piping around the structure. Riprap extendingthree feet above the ordinary high water mark is recommended for alloutlets.

f. In addition to criteria outlined in Appendix J, pipe will conform to thefollowing:

1) Pipe joints will be such as to prevent excessive infiltration orexfiltration.

2) All materials will be of such quality as to guarantee a maintenance-free expectancy of at least 50 years and shall conform to MichiganDepartment of Transportation, Livingston County Road Commission,and Livingston County Drain Commissioner Specifications. Materialsshall also comply with all appropriate A.S.T.M. standards.

g. In areas where local ordinance requires sump pump leads to beconnected into an enclosed system the stormwater conveyance systemshall be sized accordingly.

8. Channel and Pipe Sizing

1. The "Mannings" formula will be used to size the open channel or pipe.

Q = (1.49/n)AR2/3S1/2

Where: Q = flow, in cubic feet per second A = cross sectional area, in square feet n = Mannings coefficient of roughness (see Appendix E for

reference) R = hydraulic radius = A/P, in feet P = wetted perimeter S = slope of the bottom of the drain (see Appendix J for

permissible slopes)

2. A minimum "n" of 0.035 will be used for the roughness coefficient of anopen channel unless special treatment is given to the bottom and sideslopes, such as sod installation, riprap, or paving.

3. If the Mannings formula is not used, the Drain Commissioner shallapprove the alternative method used.

4. Under Michigan State Law (Act 451, P.A. Part 301 of 1994), cross-roadpipes (e.g. culverts) draining two square miles or more must be reviewed


and approved by the Michigan Department of Environmental Quality. This does not supersede review and approval by the Livingston County Drain Commissioner’s office.

5. All storm sewer pipe, excluding cross-road pipes, shall have a minimumdiameter of 12 inches. The minimum size of a cross-road pipe shall be 15inches or equivalent pipe arch.

6. Cross-road pipes draining less than two square miles of upstreamwatershed will be sized by the proprietor's engineer and reviewed by theLivingston County Drain Commissioner's office.

7. Wing walls, headwalls, and all other culvert extremities will be designed toassure the stability of the surrounding soil. Michigan Department ofTransportation standard designs shall be observed unless specialexemption is given.

8. Sizing of culvert crossings will consider entrance and exit losses as wellas tailwater conditions on the culvert. Once the design flow is determined,the required size of the culvert will be determined by one of the followingmethods:

a. The "Mannings" formula

b. The inlet headwater control/outlet tailwater control nomographs

c. Other methods approved by the Drain Commissioner

III. Natural Wetlands

This section governs natural wetlands (as distinct from stormwater wetland systems that are constructed expressly for stormwater management purposes), when a natural wetland is incorporated in an overall stormwater management scheme.

A. Wetlands will be protected from damaging modification and adverse changes inrunoff quality and quantity associated with land developments. Before approval ofthe final plat or construction plans, all necessary wetland permits from the MichiganDepartment of Environmental Quality (MDEQ) will be in place.

B. Per MDEQ regulations, direct discharge of untreated stormwater to a natural wetlandis prohibited. All runoff from the development will be pre-treated to remove sedimentand other pollutants prior to discharge to a wetland. Such treatment facilities will beconstructed and vegetation established before property grading begins.

C. Whenever possible, a permanent buffer strip, preferably vegetated with native plantspecies, will be maintained or restored around the periphery of wetlands.

D. Wetlands will be protected during construction by appropriate soil erosion andsediment control measures (See Part B of these rules).


IV. Lot Grading

Approval of final lot grading is not under the jurisdiction of the Drain Commissioner. Some local municipalities have ordinances relating to final lot grades. The Drain Commissioner's office is not responsible for inspection of, or enforcing corrections to, final lot grading. The Drain Commissioner has no regulatory authority over landscaping activities under the Soil Erosion Control Act. It is the Drain Commissioner's responsibility to review the development plan and ascertain if it is consistent with sound stormwater management and drainage practices. The development grading plan will provide for the following:

A. The initial grading of the development will be such that surface runoff is away frombuilding envelopes and toward swales, ditches, or drainage structures, anddesignated natural retention/detention areas. Provision for drainage throughproperly graded stormwater conveyance systems will be made for all areas within theproposed subdivision.

B. Where finished grades indicate a substantial amount of drainage across adjoininglots, inlet structures and piped outlets shall be provided in side yards along lot lines.A drainage swale of sufficient width, depth, and slope will be provided on the lot lineto intercept local drainage for adjoining rear yards. To ensure that property ownersdo not alter or fill drainage swales, easements will be required over areas deemednecessary by the Drain Commissioner.

V. Soil Erosion, Sedimentation, and Pollution Control

Discharge of sediment or other polluting materials to a waterway that is under the jurisdiction of the Drain Commissioner, either within or outside of the subdivision, will be considered pollution to a County drain, and hence a violation of section 280.423 of the Michigan Drain Code. Under the Michigan Drain Code, pollution of a county drain is a criminal misdemeanor, punishable by fine or imprisonment.

A. Soil Erosion/Sedimentation Control

1. All erosion control measures will be regularly inspected and maintained. Seethe Administrative Policy for the Livingston County Soil Erosion ControlProgram in Part B of this Manual, the Livingston County Soil Erosion ControlOrdinance in Part C of this manual, and the Soil Erosion and SedimentationControl Act, Part 91 of the Natural Resouces and Environmental Protection Act,for specific requirements.

2. Before entering any natural water course, protected wetland, County drain, orother body of water, best management practices will be utilized to removepollutants, including sediment, from stormwater runoff. Pollutant removalmethods will include capture and treatment of the "first flush" and "bankfull"(1.5-year) storm events.

3. Headwalls, grouted riprap, or other stabilization measures will be providedwhere necessary to prevent erosion. Permanent erosion protection will beplaced at bends, drain inlets and outlets, and other locations as needed in all


open ditches. Outlets to ditches will be placed within two feet of the average low water elevation of the water course.

4. Ditches with steep grades or unstable soils will be protected by sod, vegetativeerosion control, geotextile fabric, riprap, or other means to prevent scour.Every effort should be made to reduce the velocity of flow as much as possibleat all storm drain outlets. Outlet velocities will be non-erosive.

5. All detention/retention basins will be permanently stabilized to prevent erosion.

B. Pollution Control

1. In commercial and industrial developments, appropriate methods for separatingpollutants shall be required. When used, oil and grit separator shall be installedoff-line or in locations where flow velocities have been determined to be lowerthan scouring velocity in a 10-year storm. Where off-line facilities are proposed,a maintenance program, including an identified method and site for wastedisposal, is required. All stormwater pollution prevention plans (SWPPP) shallbe submitted to the Drain Commissioner and be approved by the appropriatelocal or State agency. If evidence of approval cannot be provided, the lot ownershall submit the SWPPP for approval by the Drain Commissioner’s office atowner’s expense.

2. Structures designed to remove trash and other debris from stormwater will beinstalled as required on stormwater management facilities prior to their outletinto the county drain.

3. Additional water quality protection measures may be required depending on thenature and location of the development and the receiving waters.

VI. Floodplains

It is the responsibility of the developer to demonstrate that any activity proposed within a 100-year floodplain will not diminish flood storage capacity. In certain instances ananalysis to determine the 100-year floodplain may be required. Where available, thecommunity flood insurance study shall be used. Compensatory storage will be requiredfor all lost floodplain storage.

VII. Easements

A. Wording relative to easement information shown on the plat or site plan will be asspecifically required by the Drain Commissioner's office. The location and purpose ofdrainage easements should be clearly described in subdivision deed restrictions orcondominium master deeds.

Language will be included within the subdivision property deed restriction or condominium master deed that clearly notifies property owners of the presence of stormwater management facilities and accompanying easements, as well as restrictions on use or modification of these areas.


B. Retention/detention basins or other stormwater management facilities will havesufficient easements for maintenance purposes. Easements will be sized andlocated to accommodate access and operation of equipment, spoils deposition, andother activities identified in the developments stormwater system maintenance plan.

C. Minimum easement widths for new stormwater systems are provided below. Theseeasements shall be situated in such a way as to allow maximum maintenanceaccess (for example, by offsetting them from the centerline). In general, easementwidths will conform to the following:

1. Open channels and water courses (e.g., a definable stream bed): A minimumof 50 feet total width. Additional width may be required in some cases,including but not limited to water courses with floodplains delineated by FEMA,sandy soils, steep slopes, at access points from road crossings.

2. Back lot drainage (open swales): A minimum of 30 feet total width.

3. Easement widths for pipes shall conform to the following table. Burial depthsare to the invert of the proposed pipe:

Burial (ft) Easement Width 0-7 20 ft

7.1-12 30 ft 12.1-17 40 ft >17.1 50 ft

4. Drain fields (septic areas) shall not be located within drainage easements.

VIII. Safety Considerations

A. Drainage system components, especially all ponds, will be designed to protect thesafety of all persons coming in contact with the system. The following criteria willapply:

1. All wet detention basins will have a level safety ledge at least four feet in widthand one foot below the invert of the outlet pipe water depth, and other designand landscaping features as may be needed to provide for protection of thepublic.

2. Animal guards shall be placed on all outlet pipes with a diameter greater than15 inches.

3. Signs may be required to alert residents to use limitations (i.e. warning againstswimming, ice skating, etc.) of any stormwater basin if the Drain Commissionerwill have permanent maintenance jurisdiction. Warnings may also be requiredin the master deed.


Part B: Administrative Policy, Soil Erosion & Sedimentation Control


I. What is Soil Erosion and Sedimentation?

Soil erosion and sedimentation are slow, continuous, naturally occurring processes that have had a great influence on the geologic contour, configuration, and structure of this county as it exists today. Most natural sediment inputs are very small and can be incorporated by stream processes into non-destructive forms and quantities. The term erosion is defined as the detachment of particles of soil from the earth’s land surface through the action of wind, water, ice, or gravity. These detached particles are known as sediment and the transportation and deposit of this sediment to a location different from its origin is defined as sedimentation. Together they result in soil being detached, carried away, and eventually deposited elsewhere.

The problem of erosion and sedimentation has increased greatly due to the recent trend toward greater urbanization. The resulting accelerated soil erosion is defined as the increased loss of land surface as a direct result of man’s activities. Compared with agriculture, forestry, and mining, urban development is less extensive in geographic distribution as a source of human-caused sediment. However, the sediment load (and other pollutants) per acre to streams from construction activities is many more times than that of any other source. Studies show a major problem is disturbed surfaces that lay exposed for more than a year.

II. What are the Effects of Sediment?

Sediment has several forms but of greatest concern in our waterways are the fine organic particles that flow with the current (causing turbidity) or that are deposited on the streambed (causing loss of benthic productivity and habitat). Such sediment occurs to some extent in all streams. Excessive sediment overwhelms the assimilative capacity of a stream. Once a stream is overloaded, sediments re-suspend, embed in stream bottoms, and eliminate habitat. Obvious effects of sediment deposition include the loss of topsoil, decreased water retention capacity of wooded and wetlands, increased flood frequency, and rapid filling of the “waters of the State.” Less obvious, however, is how sedimentation impacts the ecology of our headwater streams. Sedimentation leads to increased water temperature and decreased oxygen levels. Turbidity and sediment have negative impacts on aquatic plants and wildlife, including endangered and threatened species. Preventing soil erosion is also much less expensive than mitigating the effects. Dredging costs, lowered property values, and costs of cleaning storm systems and watercourses have an impact on property owners and local government budgets.

Erosion is the process by

which the land surface is

worked away by the action of

wind, water, ice, or gravity. It

is the process where soil

particles are dislodged or

detached and put in motion.

Sedimentation is the

process by which the

detached particles

generated by erosion are

deposited elsewhere on the

land, in our streams,

lakes, and wetlands.


III. Purpose of the Soil Erosion and Sedimentation Control Program

The prime goal of Part 91 of P.A. 451 is to achieve effective and reasonable control of accelerated soil erosion. This is to be accomplished by using a comprehensive and integrated approach involving the best practical combination of procedures, techniques,

and people to prevent sediment, the product of accelerated soil erosion, from leaving the construction site and reaching the “waters of the State.” The goal is to be attained by the enforcement of Soil Erosion and Sedimentation Control Programs by agencies on the county or local level. In Livingston County, Michigan, the Drain Commissioner was designated on April 1, 1974, by resolution of the Livingston County Board of Commissioners, as the County Enforcing Agency to implement and administer Part 91 of P.A. 451. The administrative policies included in this document are promulgated pursuant to the resolution adopting an updated

Soil Erosion and Sedimentation Control Ordinance (the Ordinance) by the Livingston County Board of Commissioners on December 18, 2000. The Ordinance is included as Part C of this document. While the principal intent of the ordinance is preventative, it also includes provisions for enforcement action where this becomes necessary. The developer and/or permittee are responsible for any off-site sedimentation impacts. Since some soil loss is inevitable from a construction site, even with all required practices maintained, the Livingston County Drain Commissioner, at his/her discretion, may require the developer of the permitted site to be financially responsible for restoring County watercourses and/or drainage ways as defined herein.

The intent of this LCDC’s Soil Erosion and Sedimentation Control Program and these Administrative Policies is to:

• Preserve high quality water resources essential to Livingston County residents’health, quality of life, and to our natural environment.

• Protect vital land resources from erosion and minimize the disturbance of naturaland constructed drainage.

• Support the education of applicants, builders, developers, and County planreviewers and enforcing officers on the implementation of an effective plan tominimize erosion and, thereby, reduce sedimentation.

• Promote the economic benefits of maintaining compliance. See the figure belowwhich shows the economic benefit of maintaining temporarily seeded lots (green)versus unvegetated lots (brown).

• Safeguard life, limb, property, and public welfare by establishing minimumrequirements for controlling accelerated erosion from stripping, excavating andfilling of land, or any disturbance of the land surface.

• Encourage compliance, innovation, and open spaces.

Sediment

contributes 2

billion tons per

year to U.S.

streams

(Waters, 1995).


• Provide a policy to maximize proper maintenance of permanent soil erosion andsedimentation practices and adequate restoration of adverse impacts fromsediments.

• Establish procedures by which these requirements are to be administered andenforced.

• Protect our lakes, streams, rivers, drains, and watercourses from unnecessarydegradation due to sedimentation.

IV. Permit Requirements

The Soil Erosion and Sedimentation Control Act, as administered by the Livingston County Drain Commissioner, shall apply to earth changes on land solely within Livingston County that:

1. Does not fall withinthe legalboundaries of anycity, village, or charter township granted the status of Local Enforcing Agency by the MDEQ or,

2. That is not part of an earth disruption project undertaken by a state, local, or countyagency that has been granted by the MDEQ the status of Authorized Public Agencyto enact and enforce their own soil erosion and sedimentation control programs.However, an Authorized Public Agency is still required to notify the Livingston CountyDrain Commissioner’s office of each proposed earth change to be undertaken.

An erosion and sedimentation control plan shall be submitted and a soil erosion and sedimentation control permit shall be obtained by the landowner/developer (per Part 91 of P.A. 451) before commencement of any construction project in the County which

involves one or more acres of land or any construction project in the County within five hundred feet of a surface water as defined in the ordinance.

A definition of surface water includes such elements as lakes, “watercourses,” and “drainage ways.” “Watercourse” and/or a “drainage way” is interpreted as any natural or artificial water course

A “stream” is interpreted

to include any

watercourse and/or storm

sewer discharging into a

lake or stream.

Brown

Green

Source: Purdue University, 1997.


(including, but not limited to; streams, rivers, creeks, channels, canals, or drains) which has definite banks, a bed, and in which waters flow in a definite direction or course, either continuously or intermittently, and including any area adjacent thereto which is subject to inundation by reason of water flow or flood water.

A “lake” is interpreted as the Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to or greater than one (1) acre. Lake does not include basins constructed for the sole purpose of water retention, cooling water, or treating polluted water.

V. Exemptions and Waivers

A permit is not required for any of the following:

Exemptions - Under Part 17 of the Michigan Administrative Code R 323.1705:

� A beach nourishment project permitted under Part 325 of Act 451 of the Public Acts of 1994, as amended.

� Normal road and driveway maintenance, such as grading or leveling, that does not increase the width or length of the road or driveway and that will not contribute sediment to lakes or streams.

� An earth change of a minor nature that is stabilized within 24 hours of the initial earth disturbance and will not contribute sediment to lakes or streams.

� Installation of oil, gas, and mineral wells under permit from the supervisor of wells if the owner-operator is found by the supervisor of wells to be in compliance with the conditions of Part 91. Note that access roads to and from these facilities are not exempt.

� Agricultural, mining, and forestry activities. Note that access roads to and from these facilities are not exempt.

In addition, decks that involve posts are exempt. Exemptions provided above shall not be construed as exemptions from enforcement of procedures under Part 91 of P.A. 451. If the activities exempted by the above sub-rules cause or result in a violation of Part 91 of P.A. 451 or these rules.

Waivers - Upon issuance of a grading waiver, the applicant will maintain responsibility for controlling erosion and sedimentation. A grading waiver may be granted for:

� Earth changes that disturb less than 225 square feet.

� Earth changes that will not contribute sediment to lakes and streams and measures under one acre.

� Sites greater than 500 feet from a surface water, as defined by the Ordinance.


VI. Submitting Permit Applications

The Soil Erosion and Sedimentation Control Program (SESC) divides construction activities into two types: single family residential sites and commercial, industrial, and residential subdivision. Applications for single family residential grading permits in residential developments with an open permit will not be accepted unless the overall development has passed an interim stabilization inspection performed by the office of the Drain Commissioner. An SESC permit application shall include the following information:

Single Family Residential Sites � Description of the type of earth change (e.g., new basement, garage footings, etc.)

� Location of earth change, including tax identification number.

� Soil type information

� Timing Sequence, e.g., a description of the scheduled activities related to the earth disturbance, beginning with breaking ground and ending with a good stand of grass on the permitted site.

� Name and signature of the landowner as responsible party for ensuring compliance with Part 91.

� Name and contact number of the contractor, if available.

� One site plan detailing SESC measures in accordance with Article 6(E) of the Livingston County Soil Erosion and Sedimentation Control Ordinance.

� Required fees.

Commercial, Industrial, and Residential Developments - In accordance with Part 91 of P.A. 451, all elements listed in Appendix K must be included in the application and all specified measures must be included on all commercial, industrial, or residential subdivision soil erosion and sedimentation control plans. In addition, the following information must be provided:

• Timing and sequence of each phase of construction: Is it appropriate? Is thedisturbance staged to avoid mass grading? Is permanent stabilization scheduledfive days after final grade per Part 91 of P.A. 451? Are temporary and permanentseeding dates appropriate per the NRCS critical area plantings guide?

• Graphic location and SESC details for installing and removing all temporarypractices designed to effectively reduce accelerated soil erosion and sedimentationalong with an adequate maintenance schedule.

• Location and description for installing all permanent practices along with a programproposal for continued maintenance including the designation of the person orentity responsible for the maintenance.

NOTE: For those applicants who have previously permitted sites that are not currently in SESC compliance, permit granting may be postponed until all sites are verifiably compliant. Evidence of other necessary permits, such as permits from the Michigan Department of Environmental Quality, may be required to be submitted with the SESC


permit application. If an application is submitted for an earth change activity which was initiated prior to the issuance of a grading permit, the application and inspection fees are doubled to account for the cost of enforcement activities against the applicant.

VII. Performance Guarantee Requirements

Pursuant to Article 7(C) of the Soil Erosion and Sedimentation Control Ordinance, the Drain Commissioner is authorized to collect a performance guarantee from the applicant. The performance guarantee shall be in the form of a financial obligation to assure stabilization in accordance with the Ordinance, this Administrative Policy, and the Act for all commercial, industrial, or residential subdivision projects. Performance guarantees may also be required for single family residences. The dollar amount of the obligation shall be according to a bond schedule determined by resolution of the Livingston County Board of Commissioners, which shall be amended from time to time. All cash or certified checks shall be deposited in a trust and agency fund for erosion control bonds under the exclusive control of the Drain Commissioner. The following are the requirements for a performance guarantee:

A. An irrevocable letter of credit for a minimum time period of two years from the dateof permit issuance, from an approved local financial institution made out to theLivingston County Drain Commissioner, in the amount specified above. Theirrevocable letter of credit shall be automatically renewable for a second two-yearperiod. Should the lending institution determine that the financial condition of thepermittee is such that the letter of credit can no longer be continued, the financialinstitution shall provide the Drain Commissioner with three months notice oftermination of the letter of credit. Should a letter of credit expire, the permit shallbe revoked on the same date. Reapplication using a different form of performanceguarantee shall be provided within five days of expiration of the letter of credit.

B. A surety bond posted by a surety licensed in the State of Michigan, using a bondform acceptable to the Drain Commissioner. The Drain Commissioner reservesthe right to reject certain surety companies, and thus their bonds, based on priornon-performance associated with previous permits.

C. Cash.

D. A certified check in the amount specified above made out to the Livingston CountyDrain Commissioner. Individual or corporate checks are not acceptable.

E. In the event of failure of the permit holder to comply with conditions set forth in theapproved plan, the Livingston County Drain Commissioner may draw on the bond,cash, or letter of credit as discussed in Section XIII to complete the work asrequired under the Act, the Ordinance, and these administrative policies. Anadditional 10% administrative fee, based on cost of corrections, will be deducted ifused.

F. Upon permanent stabilization of all disrupted earth areas, the bonds, cash, orletters of credit (or residual remaining balance) will be returned to the permitteealong with an accounting of any funds used.


VIII. Permit Validity and Renewal

The Drain Commissioner reserves the right to revoke permits should the single family homesite or commercially permitted facility be determined to be not compliant with the Ordinance and these administrative rules.

• The duration of a single family permit shall be one year. Permits may be extended

for up to one year if the site is in compliance with the ordinance, these administrative rules, a request for extension is provided prior to expiration of the permit, and the Drain Commissioner’s Office provides written approval.

• For multi-lot commercial, industrial, or residential developments, the permit duration

is two years. Permits may be extended from year-to-year as necessary. To obtain an extension, the permittee must request an extension for the site from the Drain Commissioner’s Office and obtain written approval from the Drain Commissioner’s Office.

IX. What are the Costs?

All minimum fees (excludes inspection fees) are administrative fees payable at the time of application and are therefore non-refundable. Additional fee costs are to be paid at the time the permit is terminated and before the permit file is closed. In compliance with the mandate from the Livingston County Board of Commissioners that administration of this Act be self-sustaining from fees imposed and to distribute such fees as equitably and fairly as possible, the schedule shall be determined by resolution by the Livingston County Board of Commissioners, which shall be amended from time to time. As per Section VI and XIX of these Administrative Rules, fees for certain permits may double. These include permits issued after earth change activity is commenced, and permits issued to permittees that were issued a cease and desist order under their previous permit.

X. Permit Review and Approval

Per Part 91 of P.A. 451, the County will approve, disapprove, or require modification of an application within 30 calendar days following receipt of the application. The County will notify the applicant of approval by first class mail or by written approval in person. The County will notify the applicant of disapproval and conditions required for approval by certified mail or by written disapproval in person. A permit given to the applicant either in person or by first class mail constitutes approval. For single family residential applications, applicants will be required to submit one set of plans, which will remain with the project file. For all applications requiring a permit other than single family residential applications, applicants must submit two sets of plans. Upon approval of a permit and plans, copies will be distributed as follows:

• one copy shall be placed in the County’s SESC permit file.

• one copy shall be returned to the applicant/property owner.


NOTE: Per Part 91 of P.A. 451, one copy of the permit and approved plan shall be available at all times on the site of the earth change for inspection.

Permits are noted:

“Prior to work commencing, the building contractor shall have all applicable soil erosion and sedimentation control measures installed. Two business days prior to work commencing, the contractor shall contact the County Drain Commissioner’s office to schedule an inspection of the soil erosion and sedimentation control measures.”

XI. Initial Inspections

A. Commercial/Industrial/Residential Subdivision

Prior to work commencing, the enforcing officer may choose to meet with the applicant and contractors on site to review their permit responsibilities and requirements for a residential subdivision, commercial, or industrial site disturbing greater than one acre. Temporary soil erosion and sedimentation controls shall be installed prior to, or upon commencement of, any earth change. After the building contractor has completed the installation of the initial erosion control measures as depicted on the plans and as per the approved timing sequence, the building contractor shall notify the Drain Commissioner or his designated representative two business days prior to commencing earth change activities. Upon receiving this notification, the enforcing officer shall perform an initial site inspection.

B. Single Family

The applicant must notify the Drain Commissioner’s Office that the site is ready for inspection. An inspection of the soil erosion and sedimentation control measures will be conducted by the enforcing officer on the work day following the day of the request.

If the single family site passes initial inspection, then the County Drain Commissioner shall approve the site for grading and recommend the building department issue a Building Permit. Upon the approval of an initial site inspection for a commercial permit, the enforcing officer will file an inspection report, indicating the site has passed.

If a single family site does not pass initial inspection, then the enforcing officer will post a “rejected” tag on the site in a visible location, indicating the site has not passed. The reasons for the rejection will be listed on the tag. For a commercial site, the enforcing officer will provide an inspection report to the applicant, noting the reasons for rejection on the report. The applicant will call the enforcing officer when reasons for rejection have been addressed and the site is ready to be re-inspected. For single family sites, the applicant will be required to pay any re-inspection fees prior to picking up the permit. For


commercial sites, re-inspection fees will be collected prior to the release of performance guarantees.

XII. Regular State Inspection Schedule

The State Certified Stormwater Operator shall inspect the site on a regular basis, after each scheduled grading activity, and after each significant rain event that results in runoff. This inspection schedule is maintained until the site is permanently stabilized. A winter inspection schedule is established at the onset of frozen ground (greater than six inches deep) and rescinded at the spring thaw. Regular inspections continue until the site is completely restored and a final inspection is passed for permit closure.

A soil erosion and sedimentation control inspection form is used to record all inspections. A log of all inspections and contacts with the contractor, applicant, and property owner, including copies of the inspection forms and photos, is maintained in a file for each approved permit and an electronic file is also maintained. Copies of each inspection report shall be submitted to the Drain Commissioner on a weekly basis.

XIII. Enforcement Procedure

General Procedure: The approved SESC plan and permit language clarify applicant’s responsibilities. This awareness, along with effective communication, are critical first steps in ensuring that minimum enforcement is not required. When the construction commences, the site is presumed to be in compliance.

If the Drain Commissioner’s Office determines that soil erosion or sedimentation of adjacent properties or the water of the State has or will reasonably occur from land in violation of the Act, the Rules, or this Ordinance, the Drain Commissioner’s Office may enforce compliance by notifying the person who owns the land, by mail with return receipt requested, of its determination to cease and desist all activities excluding those necessary to bring the site into compliance with the Act, the Ordinance, and the administrative policy herein. The notice shall contain a description of the violation and what must be done to

remedy the violation. The landowner shall have five calendar days from the mailing date in which to implement and maintain soil erosion and sedimentation control measures in conformance with the Act, the Rules and this Ordinance.

A notice may also be placed on site indicating noncompliance along with a copy of the inspection form specifying requirements for compliance. Photos of violations may be

taken and filed by the enforcing officer. A copy of the inspection form indicating noncompliance and an updated outline of items to be corrected or repaired is placed in the County’s permit file with additional copies provided to the applicant, the Michigan Department of Environmental Quality, and the Local Building Department.

A person who fails to cease and desist the activities after receiving notice of the violation is responsible for the payment of a civil fine of $2,500.00 the first day of violation,

The deposit for each

subsequent SESC permit

application within Livingston

County will double each time

the permit holder is issued a

Cease and Desist Order to a

given site.


$5,000.00 the second day of violation, $10,000.00 the third day of violation, and $25,000.00 thereafter for each subsequent day of violation.

If all corrective measures have not been undertaken within five calendar days of the Cease and Desist Order, the following enforcement mechanisms may be used:

• The permittee may be issued a municipal civil infraction as stipulated in the ordinanceand further discussed below, and/or

• A copy of the cease and desist order will serve as notice to the cooperating localbuilding inspectors and other local government officials that all inspections and work isprohibited until further notice, and/or

• Performance may be compelled utilizing any of the various mechanisms discussedbelow.

Compelling Performance: The Cease and Desist Order letter will notify the applicant that if corrective measures are not taken within five days of the mailing date, the Drain Commissioner may compel performance of work to bring the site into compliance with the act. The Drain Commissioner’s Office shall not expend more than $10,000.00 for the cost of the work, materials, or labor without prior written notice stated in the notice as required above to the person who owns the land that the expenditure of more than $10,000 may be made. If more than $10,000 is to be expended, then the work shall not begin until at least ten calendar days after the notice of a violation has been mailed.

Performance may be compelled through one of the following:

• The Drain Commissioner may file an injunction in a court of appropriate jurisdictionrequesting the court to compel the performance of the permittee.

• If the erosion resulting from the non-compliance of a permittee causes obstructions ina County Drain, the permittee will be cited under the provisions of the Drain Code, andthe Drain Commissioner may perform corrective actions, the costs of which may beinvoiced to the permittee. Alternatively, the costs of corrective actions may beassessed to lands owned by the permittee within the affected drainage district.

• If the permittee filed a grading and sedimentation control bond, the DrainCommissioner may notify the bonding company of the default of the permittee, andmay request the bonding company to complete the stabilization of the site.

• If the permittee filed a cash bond with the office of the Drain Commissioner, the DrainCommissioner may perform the work. At the time of permit closure the amount of thecash bond to be refunded will be reduced to reflect payment of costs to the DrainCommissioner for implementation of corrective measures.

• The Drain Commissioner may perform work and bill the permittee. Unpaid invoiceswill preclude permittees from obtaining other permits from the Drain Commissioner.The Drain Commissioner may file a lien on the property to recover costs.


If there are insufficient funds to complete the necessary stabilization and sedimentation control, the Cease and Desist Order shall remain in effect until additional funds have been deposited with the County Drain Commissioner.

Municipal Civil Infractions: A municipal civil infraction action may be commenced upon the issuance by an authorized local official of a municipal civil infraction citation directing the alleged violator to appear in District Court. Municipal civil infraction citations shall be issued and served as set forth in the Livingston County Soil Erosion and Sedimentation Control Ordinance.

XIV. Permit Closure

Per Part 91 of P.A. 451, “a person shall complete permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area within five calendar days after final grading or the final earth change has been completed. If it is not possible to permanently stabilize a disturbed area after an earth change has been completed or if significant earth change activity ceases, then a person shall maintain temporary soil erosion and sedimentation control measures until permanent soil erosion control measures are in place and the area is stabilized.”

When ready to close a commercial permit the applicant requests a final inspection for permit closure. Final inspections are performed during the growing season only, defined in the Michigan Department of Transportation Seeding Standards as from April 15 to October 15. The inspector will visit the site, verifying all temporary practices have been removed, all paved surfaces and storm systems have been cleaned, all permanent practices are in place and being maintained, and any other requirements have been fulfilled.

The following elements are required for closure of a Commercial, Industrial, Residential Subdivision Permit, or single family permit, unless otherwise indicated:

(1) All disturbed areas are permanently stabilized in a manner to prevent soil movementor loss from erosive forces such as rain, ice, gravity, wind, and human activities.

(2) Any temporary controls have been removed.

(3) The applicant’s professional engineer has submitted a letter certifying the site iscompleted and stabilized per the approved construction plan. This requirement is notapplicable for single family permits.

(4) All permit erosion control measures are in place and maintained.

(5) The Drain Commissioner’s Office has received an as-built plan at the same scale asthe original plan which shows all improvements and final grades. The plan must besealed by a registered professional engineer in the State of Michigan, and mustcontain as-built elevations of all surface and sub-surface drainage structures.Sufficient as-built topography of detention or retention basins must be provided to

It is estimated that 6-13

billion dollars per year

are spent in the U.S. to

correct the effects of

erosion and sediment.


demonstrate that the storm water management basins contain the volumes indicated in the approved plan. This requirement is not applicable for single family permits.

If all requirements have been met, the permit will be closed and all deposits refunded minus fees. If all requirements have not been met, the inspector will contact the applicant to review the requirements.

XV. Keeping a Site in Compliance

In developing an effective soil erosion and sedimentation control plan, a comprehensive and integrated approach is required for protecting our natural resources during construction. The following is a minimum suggested guidance:

1. Minimize Clearing – Portions of a site near sensitive and critical areas should rarely be disturbed. Ideally, only the areas actually needed to build structures and provide access should be cleared. Limits of disturbance shall be marked on the SESC plan and be clearly visible in the field. Known as site fingerprinting, this technique can reduce earthwork and SESC practice costs by as much as $5,000 per acre (Brown and Caraco, 1997).

2a. Protect Waterways – Streams and watercourses are particularly susceptible to sedimentation. As a secondary form of protection, perimeter controls such as silt fence shall be installed along the perimeter of the watercourse buffer. If work is planned across or within the watercourse, special crossings and diversion techniques are required.

2b. Stabilize Drainage ways – Carefully consider future and existing drainage ways. Not only are drainage ways the major route of sediment to lakes and streams, they are prone to severe erosion due to concentrated runoff. Consequently, special controls such as check dams, silt fence, vegetation, erosion control blankets, and riprap are applied to the drainage way depending on their slope, length, and the disturbed areas that drain to them.

3. Phase Construction – Expose the smallest practical area for the shortest time byproperly scheduling and staging project activities. Disturb only first phase areas andstabilize before beginning subsequent phases. The phases should be planned sothat earthwork is balanced within a phase; i.e., the cut from one area matches thefill requirement elsewhere. Construction phasing is similar to “just-in-timemanufacturing” in that earthmoving occurs only when it is absolutely needed. Apotential reduction of 42% in off-site sediment loads in a typical developmentscenario is estimated if construction phasing is utilized (Brown and Caraco, 1997).The construction sequence outlines the specific order of construction that thecontractor must follow to complete a single phase.


4. Rapid Soil Stabilization – Maintain appropriate soil erosion control practices as theprimary control measure. A grass or mulch cover should be established within twoweeks after soil exposure. Mulch is particularly needed in winter months. Researchin Maryland shows soil stabilization can reduce sediment concentrations by up to sixtimes compared to exposed soils, and a review of other studies indicates averagesediment reduction of about 80 to 90% (Brown and Caraco, 1997). By preventingerosion on site to minimize sedimentation, the need for costly sediment control,imported topsoil, and remediation is reduced. One study has shown developers canproduce a larger profit by vegetating undeveloped lots (Purdue University, 1997).

5. Protect Steep Slopes – Steep slopes are the most highly erodible surfaces of aconstruction site. Clearing and grading of existing steep slopes should be avoided.Special techniques can be used to prevent upland runoff from flowing down a slopeand causing gullies. The use of silt fence at the toe of steep slopes should becarefully selected because flow velocities and sediment can quickly overload a siltfence. Additional practices may be required, such as scarification, erosion controlblankets, and increased mulch application rates with mulch binders.

6. Perimeter Controls – Maintain sediment control practices to prevent soils fromleaving the site. Common options are properly installed, located, and maintained siltfence, dikes, and diversions.

7. Employ Advanced Settling Devices – Even with the best SESC practicesinstalled, construction sites will discharge high concentrations of sediment. TheSESC plan for critical sites or sites larger than one acre shall require some type ofsediment trap, or basin to operate at 80% efficiency.

8. Certified Contractors Implement Plan – Contractors who are State Certified SESCStormwater Operators are required for the inspection of erosion and sedimentationcontrols. State Certified SESC Stormwater Operators are preferred for theimplementation of installation, maintenance, and follow-up procedures. Soil erosionand sedimentation cannot be controlled without thorough, frequent monitoring andmaintenance of the control practices. The Drain Commissioner shall be providedwith copies of monitoring reports from certified operators on a weekly basis or afterevery storm event.

9. Adjust SESC Plan for Field Conditions – An effective plan may need to bemodified during various phases due to discrepancies between planned and as-builtgrades, weather conditions, altered drainage, and unforeseen requirements. Theneed for maintenance repairs or additional, specialized controls may appear evidentafter storm events. Proposed modifications shall be submitted to the DrainCommissioner for review and concurrence.

10. Assess Practices After Storms – After the passing of a runoff causing storm event, many SESC practices will likely require maintenance. Incorporate this time into the regular monitoring schedule. The existing controls can be assessed and modified. Rapid response before the next storm is critical. Maintenance, clean out, reinforcement, or additional controls may be necessary.


11. Site-Specific Planning – Plan the development to fit the site topography, soils, drainage, and natural vegetation. When grading and Best Management Practices (BMPs) are designed to match a particular site, erosion is minimized, resulting in reduced costs and damages.

12. Effective Communication – Pre-construction meetings for sites larger than one acre or near sensitive areas help to define responsibilities, timelines, and appropriate contacts. The Drain Commissioner shall be notified and invited to attend pre-construction meetings.

It is a condition of all permits that the County Drain Commissioner reserves the right to require controls in addition to those requirements on the approved plan.

XVI. Erosion Control Best Management Practices:

The following represent control measures to reduce soil erosion:

Temporary Seeding and Mulching: “Mulching” is the process of placing a uniform layer of straw, wood fiber, wood chips, or other acceptable materials over a seeded area to allow immediate protection of the seed bed, moisture, and shading. Proper and timely application can enhance seed growth and minimize soil exposure to erosion.

Done in conjunction with seeding, soil management, fertilizer management, and grading practices.

Mulch is recommended on any areas exposed to erosion, particularly those next to streams, wetlands, and newly seeded areas, especially slopes, droughty sands, and clayey soils.

Organic mulches are preferred for most uses.

Roughen soil surface and broadcast mulch immediately after seeding.

Seed: Select and time seeding in accordance with the Michigan NRCS Critical Area Planting Guide. Apply seed at minimum rates in accordance with Appendix K. Heavier application rates may be required depending on site conditions.

Consider for steeper slopes, irregular slopes, critical sites, dust control, and where anchoring of straw with a tackifier is required.

Straw: Small grain straw of winter rye is preferred since fewer weeds are generally present.

Uniformly spread 1.5 to two tons/acre for normal applications and 2.5 to three tons/acre for critically eroding areas. Depth of straw should be three inches.

Hydroseeding: Hydroseeding is a soil stabilization measure of last resort to be used only where site slopes do not exceed one percent. By the use of hydraulic equipment (hydroseeders and hydromulchers), seed, soil amendments, wood fiber mulch and tackifying agents, bonded fiber matrix, and liquid copolymers can be uniformly broadcast as a hydraulic slurry onto the soil to control erosion and dust.


Seed should be applied at recommended rates or, if not given, 150-250 lbs/acre. For hydromulching, apply two tons/acre for most applications and three tons/acre for dormant seeding. Anchor the mulch immediately following application. Erosion Control Blankets: Erosion control blankets are made of coarse wood fibers, coir (coconut) fibers, synthetic fibers, or a combination reinforced on top or both sides by degradable netting. Blankets are uniform and provide varying degrees of erosion drainage ways, stream banks, detention pond slopes, and concentrated flows such as pipe protection to sensitive and critical areas such as slopes, temporary and permanent outlets.

Install per manufacturer’s specifications. Slope surface is graded, seeded, and free of rocks, clods, sticks, and grass. Anchor at the top of the slope, unroll loosely, use recommended staple pattern, and overlap edges by six inches. Install along channels in the direction of flow. Install horizontally along shorelines during low water, only if one width is sufficient.

Surface Roughening: Scarification involves running tacked machinery such as bulldozers up and down slopes to leave horizontal depressions in the soil. To avoid undue compaction of the soil, this method should only be used on sandy soils.

Erosion Control Blanket Installation


Scarification

Cut Slope Roughening involves stair-step grade or groove cutting the slopes of soft material that are steeper than 4:1. Do not make individual vertical cuts more than two feet high in soft materials and three feet high in rocky materials. Groove the slope using machinery to create a series of ridges and depressions that run across the slope, on the contour, and are sloped toward the vertical up-hill wall.

Maximum Slopes: Fills and cuts shall be constructed at slopes of three horizontal to one vertical or flatter. Gentler slopes may be required based on site conditions. Specialized stabilization measures may be required for these maximum slopes above and beyond the requirements enumerated herein.

Check dams: Construct check dams across drainage ways to reduce concentrated flows in the channel and protect vegetation in the early stages of growth as well as filter and detain runoff. Construct check dams on all ditch slopes exceeding 3.0%. Check Dams

should be designed by a Professional Engineer.

Commercial Products: Temporary silt dike, diversion or check dam of triangular urethane foam covered with woven geotextile fabric and installed per manufacturer’s instructions perpendicular to the flow of water, can be used in

some applications.

XVII. Sediment Control Best Management Practices:

The following are control measures to reduce sedimentation:

Buffers and Filter Strips: The buffer/filter strip is a vegetated area surrounding a disturbed area. They are particularly beneficial adjacent to a water body. It may be natural, undeveloped land where existing vegetation is left intact, or it may be planted with vegetation. The buffer of vegetation between human land use and a stream provides shade, leaf litter, woody debris, erosion protection, and often serves as wildlife habitat.

42% of the total stream

miles in the U.S. are

impaired by siltation

(Waters, 1995).


The vegetative filter absorbs sheet flow and effectively reduces phosphorus attached to sediment. It removes pollutants by filtration, deposition, adsorption, decomposition, and volatilization. Where feasible, a 100-foot buffer/filter strip should be used to protect water quality along a stream corridor.

Silt Fence: Filter fabric is attached to the upstream side of the posts and must be trenched and buried a minimum of four-to-six inches. Use 36-inch silt fence for all commercial permit sites. Single family permits may utilize 24-inch silt fence. Posts are spaced a maximum of six feet apart. Silt fence is not designed for steep slopes, concentrated flow, or outlet pipes. Silt fence is placed on slope contours to maximize ponding efficiency.

Inspect and repair silt fence after each storm event or as required. Remove sediment when storage height exceeds nine inches and deposit to an area that will not contribute sediment off site.

A 1967 study

estimated annual

sediment yields from

urban developmet to

streams at 200

tons/acre and from

agricultural erosion

at 5 tons/acre in the

same area (Waters, 1995).

Silt Fence Installation


Catch Basin Inserts: Commercial Products: Select a high flow rate product where sandy soils and high flow rates are anticipated. Install per manufacturer’s directions. Reuse product if in good condition, e.g., no rips or tears. Select models with, or install separate, sediment protectors for the back of open curb inlets.

Inspection of its collected sediment level is important to maintain effectiveness and prevent ponding. If there are no major events, products should be inspected every two to three weeks and emptied as required.

Catch Basin Exerts: Silt Fence Sediment Barrier: Recommended for small nearly level drainage areas.

Excavating a trench around the catch basin may increase settling time. Wooden top frame adds stability.

Commercial Products: Highly durable, reusable, and visible.

Catch Basin Insert

Catch Basin Exert


Sedimentation Basin: A sedimentation basin is a depression in the land with a defined surface area and detention volume, natural or constructed, to which sediment-laden runoff is conveyed allowing sediment to settle out. By definition, they are impoundment structures designed to:

1. remove the eroded soil from runoff before it leaves the site, and2. store the sediment.

The basic components of a sedimentation basin include an inlet, a storage area, and an outlet. An effective sedimentation basin detains runoff long enough for sediment to settle out of the water. The amount of settling is dependent upon the following characteristics:

1. Rate of flow2. Surface area of the basin3. Velocity of flow through the basin4. Particle size distribution5. Volume and/or detention time

To ensure maximum performance on site, each of the following sedimentation basin components must be carefully reviewed during the planning phase: site conditions, location, size, and structures. In addition to proper design, adequate maintenance is critical to achieving peak performance (CRWC and HRC, 1997). Sedimentation basins may be designed using either the surface area method or detention time method, as outlined in the Oakland County Erosion Control Manual for a one-year storm.

Riprap Energy Dissipater: Length and width of apron at the end of outlet pipe will be sufficient to dissipate energy. Filter material is filter fabric or a six-inch thick minimum graded gravel layer, set at zero grade and aligned straight.

Sedimentation Basin Operation


Commercial Dewatering Filtration is a non-woven geotextile fabric bag placed on a flat surface stabilized with aggregate, vegetation, or mulch so filtered water flows downhill at a reasonable rate to a stabilized drainage way.

XVIII. Construction Site Best Management Practices Used to ControlSedimentation:

Scheduling: The first construction practice is scheduling. It is a planning process where all control measures are implemented in a timely and logical fashion during construction. It may be necessary to implement controls sequentially. Staging or phasing is a part of scheduling. Staging, grading, and stabilization must be finished in one area before proceeding to the next.

By planning the phases so only the areas actively under construction are exposed, you can take advantage of existing vegetation.

Level Spreader

Fabric Energy Dissipator


Aggregate Access Roads: Access roads are gravel pads that allow workers and delivery vehicles to enter or leave the site. They remove mud from the tires of vehicles, reduce sedimentation from this disturbed area, and reduce the amount of street cleaning necessary. For residential lots, a minimum 10-foot by 30-foot by six-inch pad of two-inch to three-inch fractured aggregate stone is recommended on a filter fabric. For larger sites, a minimum 30-foot by 100-foot by 12-inch pad of three-inch to four-inch fractured aggregate stone is required. The pad should flare out wider at the curb. A filter fabric is recommended to improve stability, reduce the costs of topping up aggregate pads on soft soils, and aid in removal for the grading of concrete drives.

Construction Barriers: Signs, snow, or barrier fencing or other barriers are used to protect critical areas, protect trees, and confine equipment, vehicles, and personnel. Fencing is adequately fastened with three or four straps per post and is maintained regularly.

Stockpiles: Stockpiles of topsoil or excavated materials shall be identified and addressed on the SESC plan. Stockpiles should not be located adjacent to wetland or watercourses. Stockpiles may be located around the perimeter of the site away from activity or in the vicinity of construction. Place silt fence around the stockpile. Provide temporary seeding to all stockpiles in accordance with the Michigan NCRSs.

XIX. Disclaimer

The Best Management Practices (BMPs) which are provided throughout this document are minimal guidelines. Competent professional advice should be sought from a Michigan Registered Professional Engineer or Certified Professional in Erosion and Sediment Control (CPESC) concerning the application of these BMPs as they apply to a particular site. The user shall be solely responsible for determining the suitability of the application of these BMPs in any particular circumstance. Livingston County and the Livingston County Drain Commissioner assume no liability, and no guarantees are made that such practices will ensure compliance with all laws and regulations. No reference to any procedure or product shall be construed as an endorsement by Livingston County or the Livingston County Drain Commissioner. The BMPs provided are a small sample of techniques and devices available for erosion and sedimentation control and are only for your information and convenience. In no way are the BMPs listed to be construed as the only methods approved by the Drain Commissioner. Innovative erosion and sedimentation control measures may be required by the Drain Commissioner or the enforcement staff where deemed suitable.

Neither the issuance of an SESC permit nor compliance with the provisions hereto or with any condition imposed by the Livingston County Drain Commissioner hereunder, shall neither relieve any person from any responsibility for damage to persons or property

• It is estimated that from all

sources over 4.5 billion tons of

sediment pollute the rivers of

this country each year.

• Equivalent to a volume the size

of 25,000 football fields, 100

feet high.

• It costs 8 to 12 dollars per

cubic yard to remove sediment

from waterways.


(including public utilities or services) otherwise imposed by law, nor imposed any liability upon Livingston County for damages to persons or property.


ADDITIONAL INFORMATION

For additional information on soil erosion and sedimentation control please consult: Part 91: Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act 451 of the Public Acts of 1994 Sections 324.9101 to 324.9123 and; Rules: Part 17 of the Michigan Administrative Code Being Sections R 323.1701 to R 323.1714 International Erosion Control Association, 1-800-455-4322, email: [email protected], http://www.ieca.org Michigan Department of Environmental Quality SWQD, Guidebook of Best Management Practices for Michigan Watersheds, updated 1997, www.deq.state.mi.us/swq/ Oakland County Drain Commissioner, Latest Edition, Erosion Control Manual Salix Applied Earthcare, Erosion Draw 2.0 software, 1-916-224-0878, email: [email protected], http://www.erosiondraw.com Soil and Water Conservation Society, CPESC Certification, 1-800-THE-SOIL, email: [email protected], http://www.swcs.org USDA Natural Resources Conservation Service - Michigan, Critical Area Planting, Technical Guide Section IV 342-1, February, 1988, www.nrcs.usda.gov


Part C: Soil Erosion and Sedimentation Control Ordinance


SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE

An Ordinance to provide for soil erosion and sedimentation control within the boundaries of Livingston County; definitions; application requirements; grading/soil erosion and sedimentation control permits; soil erosion and sedimentation control plans; inspections; building and other permits; penalties; enforcement; construction; severability; and repeal. THE PEOPLE OF THE COUNTY OF LIVINGSTON, MICHIGAN, DO ORDAIN: Article 1. Purpose and Authority. Deeming it advisable in the interest of preventing environmental harm caused by sedimentation and erosion; and to provide for, and as authorized by, the orderly and uniform administration of the soil erosion and sedimentation control provisions of the State of Michigan and in particular, Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended, being Sections 324.9101-324.9123a of the Compiled Laws of 1948 (MSA 13A.9101-13A.9123a), and the Administrative Rules promulgated by the Michigan Department of Environmental Quality (“MDEQ”) and in particular, Rule 323.1701 to Rule 323.1714; the County of Livingston, Michigan, does hereby adopt the following Ordinance: Article 2. Ordinance Title. The title of this Ordinance shall be the Soil Erosion and Sedimentation Control Ordinance. Article 3. Definitions.

ACCELERATED SOIL EROSION: the increased loss of the land surface that occurs as a result of human activities.

ACCEPTABLE EROSION AND SEDIMENT CONTROL PROGRAM: the activities of a county or local enforcing agency or authorized public agency that are conducted in accordance with the Act and the Rules regarding staff training, developing and reviewing plans, issuing permits, conducting inspections, and initiating compliance and enforcement actions to effectively minimize erosion and off-site sedimentation. ACT: Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, being Act 451 of the Public Acts of 1994, as amended.

ADMINISTRATIVE POLICY: administrative guidelines to the Ordinance. AUTHORIZED LOCAL OFFICIAL: the Chief Deputy Drain Commissioner or other personnel of Livingston County legally authorized to issue municipal civil infraction citations. CHIEF DEPUTY DRAIN COMMISSIONER: the person designated by the Livingston County Board of Commissioners as one of the persons responsible for enforcing the Act, Rules and this Ordinance in the County.


COUNTY: the County of Livingston, Michigan.

COUNTY AGENCY: an officer, board, commission, department, or other entity of county government.

COUNTY DRAIN: drains established and/or constructed pursuant to the Michigan Drain Code, Act 40 of the Public Acts of 1956, as amended.

COUNTY ENFORCING AGENCY: the Livingston County Drain Commissioner’s Office, as designated by the Livingston County Board of Commissioners.

DEPUTY DRAIN COMMISSIONER: a person designated by the Livingston County Board of Commissioners as one of the persons responsible for enforcing the Act, Rules and this Ordinance in the County.

DESIGNATED AGENT: a person who has written authorization from the landowner to sign the application and secure a permit in the landowner’s name.

DISTRICT COURT: 53rd Judicial District Court.

DRAIN: a drain that is a County Drain or a Storm Drain, as defined in this section.

DRAIN COMMISSIONER: a person designated by the Livingston County Board of Commissioners as one of the persons responsible for enforcing the Act, Rules and this Ordinance in the County.

DRAIN COMMISSIONER’S OFFICE: the Livingston County Drain Commissioner or his representative.

EARTH CHANGE: a human-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state. Earth change does not include the practice of plowing and tilling soil for the purpose of crop production. LAKE: the Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to, or greater than, (one) 1 acre. “Lake” does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.

LANDOWNER: the person who owns the property or who holds a recorded easement or who is engaged in construction in a public right-of-way in accordance with sections 13, 14, 15, and 16 of Act No. 368 of the Public Acts of 1925, as amended, who is issued the grading/soil erosion and sedimentation control permit.

MAJOR PROJECTS: earth changes that meet or exceed one (1) acre for commercial, industrial and/or residential subdivision projects. For single family projects, earth changes exceeding 600 square feet which require excavation to a depth of 42 inches or greater below existing grade.

MINOR PROJECTS: earth changes that are less than one (1) acre for commercial, industrial and/or residential subdivision projects. For single family projects, earth


changes that are less than 600 square feet which require excavation to a depth less than 42 inches below existing grade.

MUNICIPALITY: a city, village, charter township, or general law township located in a county with a population of 200,000 or more.

MUNICIPAL CIVIL INFRACTION: an act or omission that is prohibited by the Act, the Rules and/or this Ordinance, and for which civil sanctions including without limitation, fines, damages, expenses and costs may be ordered as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended.

MUNICIPAL CIVIL INFRACTIONS BUREAU (hereinafter referred to as the Municipal Civil Infractions Bureau” or the “Municipal Civil Infractions Violations Bureau”): the Livingston County Municipal Civil Infractions Violations Bureau, as established by the Livingston County Municipal Civil Infraction Ordinance, pursuant to Resolution No. 202-045 of the Livingston County Board of Commissioners.

MUNICIPAL CIVIL INFRACTION CITATION: a written complaint or ticket to appear in District Court upon which an authorized local official records the occurrence or existence of one (1) or more violations of the Act, the Rules and/or this Ordinance by the party cited.

MUNICIPAL CIVIL INFRACTION NOTICE: a notice, other than a municipal civil infraction citation, directing the landowner to appear at the Municipal Civil Infractions Bureau and to pay the fine prescribed by this Ordinance for the violation of this Ordinance.

NON-EROSIVE VELOCITY: a speed of water movement that is not conducive to the development of accelerated soil erosion.

PERMANENT SOIL EROSION AND SEDIMENTATION CONTROL MEASURES: control measures which are installed or constructed to control soil erosion and sedimentation and which are maintained after project completion. POND: a natural or artificial body of standing water smaller than a lake, i.e. less than one (1) acre.

RULES: the administrative rules promulgated by the Michigan Department of Environmental Quality (MDEQ), pursuant to the Act, being Rules 323.1701 to 323.1714. SEDIMENT: solid particulate matter, including both mineral and organic matter, that has been deposited in water, is in suspension in water, is being transported, or has been removed from its site of origin by the actions of wind, water, or gravity and has been deposited elsewhere. SEDIMENT BASIN: a naturally occurring or constructed depression used for the sole purpose of capturing sediment during or after an earth change activity.

SOIL EROSION: the wearing away of land by the action of wind, water, gravity, or any combination thereof.


STABILIZATION: the establishment of vegetation or the proper placement, grading, or covering of soil to ensure its resistance to soil erosion, sliding, or other earth movement.

STATE: State of Michigan.

STORM DRAIN: a conduit, pipe, natural channel, or human-made structure which serves to transport storm water runoff.

STORM WATER RETENTION BASIN: an area which is constructed to capture surface water runoff and which does not discharge directly to a lake or stream through an outlet. Water leaves the basin by infiltration and evaporation.

STREAM: a river, creek, or other surface watercourse which may or may not be serving as a drain as defined in Act No. 40 of the Public Acts of 1956, as amended, and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great Lakes.

TEMPORARY SOIL EROSION AND SEDIMENTATION CONTROL MEASURES: interim control measures which are installed or constructed to control soil erosion and sedimentation and which are not maintained after project completion.

VIOLATION: an action which is prohibited by the Act, the Rules and/or this Ordinance. A violation shall include any omission or failure to act where the action is required by the Act, the Rules, and/or this Ordinance.

WATERS OF THE STATE: the Great Lakes and their connecting waters, inland lakes and streams as defined in rules promulgated under this part, and wetlands regulated by Michigan law and as defined in this Ordinance.

WETLAND: land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh and which is any of the following:

(i) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a riveror stream.

(ii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; andmore than five (5) acres in size.

(iii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; andfive (5) acres or less in size if the department of natural resources determines thatprotection of the area is essential to the preservation of the natural resources of theState from pollution, impairment, or destruction and the department of naturalresources has so notified the owner; except this subparagraph may be utilizedregardless of wetland size in a county in which subparagraph (ii) is of no effect; exceptfor the purpose of inventorying, at the time.


Article 4. Assumption and Enforcement of the Act.

The County hereby assumes responsibility for the administration and enforcement of the Act and the Rules within its political boundaries. This Ordinance incorporates by reference the Rules promulgated under this Act and other matters necessary for the proper enforcement of soil erosion and sedimentation control issues in the County.

Article 5. Enforcing Agency.

In accordance with the Act, the Drain Commissioner’s Office of the County is hereby designated as the County Enforcing Agency to discharge the responsibilities of the County under the Act and the Rules and this Ordinance.

Article 6. Grading/Soil Erosion and Sedimentation Control Application For Permit, Waivers, and Soil Erosion and Sedimentation Control Plan Requirements.

A. Application Required: An application must be submitted if a grading/soilerosion and sedimentation control permit is required, as set forth in Article 6.C.

Soil erosion and sedimentation control plans as set forth in Article 6.E. shall beincluded with the applications.

Applications are made through:

Livingston County Drain Commissioner’s OfficeSoil Erosion and Sedimentation Control Program2300 E. Grand River, Suite 105Howell, Michigan 48843-7581

B. Grading/Soil Erosion and Sedimentation Control Permit Waiver: Earth changeactivities that are (1) over 500 feet from the waters of the State and (2) thatmeasure under one (1) acre do not require a grading/soil erosion andsedimentation control permit. Individuals conducting earth change activitiesthat do not require a permit will be required to sign an affidavit attesting to theextent of the earth change and its proximity to the waters of the State.

A grading/soil erosion and sedimentation control permit waiver issued inaccordance with this Ordinance does not relieve the landowner, designatedagent, or developer of responsibility for controlling erosion and sedimentation.A permit waiver shall not be construed as an exemption from enforcementprocedures pursuant to the Act, the Rules or this Ordinance, if the activitycaused or resulted in a violation of the Act, the Rules or this Ordinance. Apermit waiver shall be available for inspection at the site of the earth changeand must be required to be posted on-site and clearly visible from the road.

C. Grading/Soil Erosion and Sedimentation Control Permit Required

A grading/soil erosion and sedimentation control permit shall be required for alandowner, who contracts for, allows, or engages in an earth change in thisCounty. An application must be submitted and a grading/soil erosion and


sedimentation control permit must be obtained from the Drain Commissioner’s Office prior to engaging in the following:

(1) Commencement of an earth change which disturbs one (1) or moreacres of land;

(2) Engaging an earth change within 500 feet of the waters of the State,unless otherwise exempted in the Act, the Rules or this Ordinance;

(3) Any other activity not specifically exempted under Articles 6.B. and 6.D.

Permits shall be available for inspection at the site of the earth change and are required to be posted on-site and clearly visible from the road. Any unauthorized work shall be considered a violation of this Ordinance regardless of any later action taken toward compliance. Approved Plans must be available on-site for commercial, industrial, and residential subdivision projects.

A person who knowingly makes a false statement in an application for a permit or in a soil erosion and sedimentation control plan is responsible for the payment of a civil fine of not more than $10,000.00 for each day of violation as set forth in Article 16.C.

D. Grading/Soil Erosion and Sedimentation Control Application and Permit NotRequired

Neither an application, a grading/soil erosion and sedimentation control permit, nor a permit waiver is required for any of the following:

(1) Normal road and driveway maintenance, such as grading or leveling,that does not increase the width or length of the road or driveway andthat will not contribute sediment to lakes or streams.

(2) An earth change of a minor nature that is stabilized within 24 hours ofthe initial earth disturbance and that will not contribute sediment to lakesor streams.

(3) Earth changes associated with well locations, surface facilities,flowlines, or access roads relating to oil or gas exploration anddevelopment activities regulated under part 615 of the NaturalResources and Environmental Protection Act, if the application for apermit to drill and operate under part 615 of the Natural Resources andEnvironmental Protection Act contains a soil erosion and sedimentationcontrol plan that is approved by the department of environmental qualityunder part 615 of the Natural Resources and Environmental ProtectionAct. However, those earth changes shall conform to the samestandards as required for a permit under this part. This subsection doesnot apply to a multi source commercial hazardous waste disposal wellas defined in section 62506a of the Natural Resources andEnvironmental Protection Act.


(4) A person engaged in the logging industry, mining industry, or theplowing or tilling of land for the purpose of crop production or theharvesting of crops. This exemption from obtaining a permit does notinclude either a) access roads to and from the site where active miningor logging is taking place or b) ancillary activities associated with loggingand mining. Mining does not include the removal of clay, gravel, sand,peat or topsoil; these activities require a soil erosion and sedimentationcontrol permit.

The landowner, designated agent, or contractor shall remain responsible for controlling erosion and sedimentation. A permit exemption shall not be construed as an exemption from enforcement procedures pursuant to the Act, the Rules or this Ordinance, if the activity caused or resulted in a violation of the Act, the Rules or this Ordinance.

E. Soil Erosion and Sedimentation Control Plan Requirements

A person who is required to obtain a grading/soil erosion and sedimentation control permit as set forth in Section C. above shall prepare or have prepared a soil erosion and sedimentation control plan for all projects. The soil erosion and sedimentation control plan shall be prepared under the direction of a professional engineer, certified in Michigan, unless waived in writing by the Drain Commissioner’s Office. Plans for major or minor single family permits are not required to be prepared by a professional engineer. The layout shall be drawn to a scale of not more than 1" = 100'. All applications must contain two (2) sets of plans.

The plan shall include, but not be limited to, the following:

(1) Name, address, and telephone numbers of the landowner, developer,and petitioner, if different;

(2) Legal description of the affected parcel of land;

(3) A map or maps at a scale of not more than 100 feet to the inch or asotherwise determined by the Drain Commissioner’s Office. A map shallinclude a legal description and site location sketch that includes theproximity of any proposed earth change to lakes, streams, or both;predominant land features; and contour intervals or slope description.

(4) A soil survey or a written description of the soil types of the exposedland area contemplated for the earth change.

(5) Details for proposed earth changes, including all of the following:

(i) A description and the location of the physical limits of eachproposed earth change.

(ii) A description and the location of all existing and proposed on-site drainage and dewatering facilities.


(iii) The timing and sequence of each proposed earth change.

(iv) The location and description of installing and removing all proposed temporary soil erosion and sediment control measures.

(v) A description and the location of all proposed permanent soil

erosion and sediment control measures. (vi) A program proposal for the continued maintenance of all

permanent soil erosion and sediment control measures that remain after project completion, including the designation of the person responsible for the maintenance. Maintenance responsibilities shall become a part of any sales or exchange agreement for the land on which the permanent soil erosion control measures are located.

F. Transfer of Grading/Soil Erosion and Sedimentation Control Permit

Upon receipt of a Grading Permit Transfer Application, the Drain Commissioner’s Office will perform an inspection of the site. If the site is not in compliance, the request for a transfer will be denied. If the site is in compliance, both the current permittee and the new permittee must complete and sign the Grading Permit Transfer Application. All applicable and outstanding fees must be paid prior to approval of the request.

Article 7. Grading/Soil Erosion and Sedimentation Control Permit Approvals and Performance Guarantees. A. Requirements Prior to commencing any earth change including construction of access roads,

driveways, tree and shrub removal, or grading, an application for a grading/soil erosion and sedimentation control permit, as set forth in Article 6, shall be submitted to the Drain Commissioner’s Office as required by the Act, the Rules and this Ordinance. The Drain Commissioner’s Office shall have thirty (30) calendar days to review the application and issue or deny a grading/soil erosion and sedimentation control permit.

Livingston County Drain Commissioner Soil Erosion and Sedimentation Control Program 2300 E. Grand River, Suite 105 Howell, MI 48843-7581

Each permit application shall be accompanied by two (2) copies of the proposed soil erosion and sedimentation control plan, prepared under the direction of a professional engineer if applicable, certified in Michigan, unless waived in writing by the Drain Commissioner’s Office. For the purposes of assessing the appropriate fee for single family permits, the Drain Commissioner’s Office shall make a determination as to whether the project is a major project or minor project. In all cases, any other documentation the Drain


Commissioner’s Office may require to make its determination must be submitted. The grading/soil erosion and sedimentation control permit application shall be signed by the landowner and his/her designated agent, if applicable. The cost of the permit shall be determined by resolution by the Livingston County Board of Commissioners, which shall be amended from time to time.

B. Denial of Permit

Grading/soil erosion and sedimentation control permit requests shall be deniedwhere:

(1) The proposed grading would cause hazards to the public safety andwelfare; or

(2) The application submitted is incomplete;

(3) The soil erosion and sedimentation resulting from the work, as proposedby the applicant, will damage public or private property; or

(4) The drainage design does not conform to Livingston County DrainCommissioner Drainage Standards.

C. Performance Guarantees

As a condition for the issuance of a grading/soil erosion and sedimentationcontrol permit for commercial, industrial, or residential subdivision projects, theCounty is authorized to require the applicant to deposit with the Clerk of theCounty a performance guarantee in the form of cash, a certified check, or anirrevocable bank letter of credit, as selected by the applicant, or a surety bondacceptable to the County Board of Commissioners, in an amount sufficient toassure the installation and completion of such protective or corrective measuresas may be required by the County. The performance guarantee will bereturned to the applicant when the site is permanently stabilized and has met allrequirements set forth in the Act and this Ordinance. Performance guaranteesmay be required for single family residences.

D. Approval from Other Governmental Agencies

Grading/soil erosion and sedimentation control permits and waivers issued inaccordance with this Ordinance do not relieve the owner of responsibility forobtaining all other necessary permits or approvals from federal, state, countyagencies and/or municipalities. If requirements vary, the most stringentrequirements shall be followed.

Article 8. Grading/Soil Erosion and Sedimentation Control Permit and Soil Erosion and Sedimentation Control Plan Approval Process.

The Drain Commissioner’s Office shall approve, disapprove, or require modification of an application for grading/soil erosion and sedimentation control permit within thirty (30) calendar days following receipt of the application. The review period begins upon the receipt


of a completed application, soil erosion and sedimentation control plan, and payment of fees. The Drain Commissioner’s Office shall notify an applicant of approval by first-class mail or in person. If an application is disapproved, the Drain Commissioner’s Office shall advise the applicant by first-class mail or in person of its reasons for disapproval and conditions required for approval. The Drain Commissioner’s Office shall not notify an applicant of approval or disapproval by mail if the applicant is given written approval or disapproval of the application in person. A grading/soil erosion and sedimentation control permit given to the applicant either in person or by first-class mail constitutes approval.

Upon a determination that a grading/soil erosion and sedimentation control permit application has met all of the requirements of the Act, the Rules and this Ordinance, the Drain Commissioner’s Office shall issue a permit for the proposed earth change.

Single family construction permits are valid for up to two (2) years from date of issuance as determined by the soil erosion and sedimentation control plan. Commercial/industrial/residential subdivision project permits are valid for two (2) years from date of issuance. Permit extensions for Commercial/industrial/residential subdivision projects may be granted from year to year thereafter, as necessary, upon written approval of the Drain Commissioner’s Office. Extensions shall only be granted if the site is in compliance with the Act, the Rules and this Ordinance. An inspection shall be conducted prior to the granting of an extension as set forth in Article 10.B. Permit extensions will not be granted to sites that fail the inspection or to sites where the permit has expired.

In all instances, permit extensions shall not be granted until all applicable fees are paid.

Article 9. Permit Availability.

Grading/soil erosion and sedimentation control permits issued by the Drain Commissioner’s Office, pursuant to the Act, the Rules and this Ordinance, shall be available for inspection at the site of the earth change and are required to be posted on-site and clearly visible from the road. The soil erosion and sedimentation control plan shall also be available at the site.

Article 10. Inspections and Reporting Requirements.

A. Inspections Prior to Commencement of Project

A preliminary review may be required by the Drain Commissioners Office between the applicant, contractor(s), and the Drain Commissioner’s Office on-site to review the grading/soil erosion and sedimentation control permit and/or plan responsibilities and requirements. Site-specific requirements for soil erosion and sedimentation control shall be determined and added to the permit as special conditions to the permit when issued. Temporary soil erosion and sedimentation controls shall be installed prior to, or upon commencement of, the earth changes. The applicant shall contact the Drain Commissioner’s Office no later than two (2) business days prior to commencing work so that a site inspection may be performed. If the site passes the inspection, the Drain Commissioner’s Office shall recommend that the County Building Department issue a Building Permit, if necessary.


B. Inspections During and Upon Completion of Project and for Permit Extensions

The Drain Commissioner’s Office may enter at all reasonable times upon any property to conduct an on-site inspection to ensure compliance with the Act, the Rules or this Ordinance. Such inspections may take place before, during, and after any earth change activity whether or not an application has been made or a grading/soil erosion and sedimentation control permit has been issued. The cost of the inspections and re-inspections due to violations shall be paid to Livingston County in accordance with a fee schedule determined by resolution by the Livingston County Board of Commissioners, which shall be amended from time to time.

If, upon inspection, existing site conditions are found to be in conflict with an approved permit or plan, a cease and desist order may be issued, as set forth in Article 13, an injunction may be issued as set forth in Article 14, and/or the landowner and/or designated agent cited for a municipal civil infraction violation as set forth in Article 16. No earth moving shall be done unless authorized for the purpose of erosion and sedimentation control until revised plans have been submitted, reviewed, approved, and the grading/soil erosion and sedimentation control permit or plan has been modified.

When ready to close a grading/soil erosion and sedimentation control permit, the applicant shall request a final inspection for permit closure. Final inspections are performed only during the growing season, as defined in the Michigan Department of Transportation Seeding Standards, which is from April 15 to October 15. If the applicant does not request a final inspection, the Drain Commissioner’s Office may conduct a final inspection within thirty (30) days before or after the expiration of the permit but cannot close until between April 15 and October 15, with the exception of the single family permit which can be finalized during this period, if the site is stabilized.

The following requirements must be met for closure of grading/soil erosion and sedimentation control permits, unless otherwise indicated:

(1) All disturbed areas are permanently stabilized in a manner to preventsoil movement or loss from erosive forces such as rain, ice, gravity,wind, and human activities.

(2) Any temporary controls have been removed.

(3) The applicant’s professional engineer has submitted a letter certifyingthe site is completed and stabilized per the approved soil erosion andsedimentation control plan. This requirement is not applicable for singlefamily permits.

(4) All permanent erosion control measures are in place and maintained.

(5) The Drain Commissioner’s Office has received an as-built plan at thesame scale as the original plan which shows all improvements and finalgrades. The plan must be sealed by a registered professional engineerin the State of Michigan, and must contain as-built elevations of all


surface and subsurface drainage structures. Sufficient as-built topography of detention or retention basins must be provided to demonstrate that the storm water management basins contain the volumes indicated in the approved plan. This requirement is not applicable for single family permits.

To obtain a grading/soil erosion and sedimentation control permit extension, the permit holder, or designated representative, shall request the Drain Commissioner’s Office to inspect the site. The inspection shall be conducted prior to the second year anniversary of the permit or prior to the close of the growing season preceding the expiration of the permit. No extensions will be granted if the site fails the inspection, i.e., if not in compliance with the soil erosion and sedimentation control plan, as set forth in Article 8. If the site is in violation of the Act, Rules or this Ordinance, enforcement proceedings will commence.

C. Reporting Requirements

A National Pollution Discharge Elimination System (“NPDES”) permit holder shall submit a copy of MDEQ-required storm water operational reports to the Drain Commissioner’s Office upon request.

Article 11. Building Permits.

A township, city, village, or any county agency which issues building permits shall notify the Drain Commissioner’s Office upon receipt of an application for a building permit that requires an earth change which disturbs one (1) or more acres or which is located within 500 feet of the waters of the State under the Act, the Rules and this Ordinance. A township, city, village, or any county agency shall not issue the building permit to a person engaged in an earth change if the change requires a permit under the Act, the Rules or this Ordinance until the Drain Commissioner’s Office has issued the required state-prescribed permit for the earth change. In the event that a grading/soil erosion and sedimentation control permit is revoked by the Drain Commissioner’s Office, the applicable township, city, village, and/or county agency that issues building permits shall be requested to place a “hold” on any permits, approvals, inspections or legal exchanges of property until the site is brought into compliance.

Article 12. Permits Issued by County and State Agencies.

Approvals under this Ordinance shall not relieve a property owner of the need to obtain other permits or approvals from federal, state, county, and local agencies. When requested by the Drain Commissioner’s Office, the recipient of a grading/soil erosion and sedimentation control permit shall provide the Drain Commissioner’s Office with copies of required permits from Livingston County Health Department, Livingston County Road Commission, Livingston County Building Department, and/or state agencies including but not limited to the Michigan Department of Environmental Quality (MDEQ).

Article 13. Notice of Soil Erosion and Sedimentation Violations.

If the Drain Commissioner’s Office determines that soil erosion or sedimentation of adjacent properties or the waters of the State has or will reasonably occur from land in


violation of the Act, the Rules or this Ordinance, the Drain Commissioner’s Office may seek to enforce the violation by notifying the person who owns the land, by mail with return receipt requested, of its determination to cease and desist all activities. The notice shall contain a description of the violation and what must be done to remedy the violation. The landowner shall have five (5) calendar days from the mailing date in which to implement and maintain soil erosion and sedimentation control measures in conformance with the Act, the Rules and this Ordinance.

If the landowner has not corrected the condition on the land within five (5) calendar days, the Drain Commissioner’s Office may proceed accordingly. In its discretion, if no action has been taken within five (5) calendar days by the landowner, the Drain Commissioner’s Office may send notice to the landowner that the grading/soil erosion and sedimentation control permit will be revoked in five (5) calendar days if the violation is not corrected. Revocation of the permit shall affect other contingent permits.

Concurrently or alternatively, the Drain Commissioner’s Office may enter upon the land to construct, implement, and maintain soil erosion and sedimentation control measures in conformance with the Act, the Rules and this Ordinance. The Drain Commissioner’s Office shall not expend more than $10,000.00 for the cost of the work, materials, or labor without prior written notice to the person who owns the land that the expenditure of more than $10,000.00 may be made.

A person who fails to cease and desist the activities after receiving notice of the violation may be ordered to pay a civil fine at rates set forth in Article 16.D.

The County shall have a lien for the expenses incurred to bring the land into conformance with the Act, the Rules and this Ordinance. With respect to single-family or multi-family residential property, the lien for such expenses shall have priority over all liens and encumbrances filed or recorded after the date of such expenditure, pursuant to the Act. With respect to all other property, the lien for such expenses shall be collected and treated in the same manner as provided for property tax liens under the general property tax act being Act 206 of the Public Act of 1893, as amended.

Article 14. Injunctions.

Notwithstanding any remedy and penalty provided in this Ordinance, the County may maintain an action in its own name in a court of competent jurisdiction for an injunction or other process against any person to restrain or prevent violation of the Act, the Rules or this Ordinance.

Article 15. Designation of Violations of the Act, the Rules or this Ordinance, Enforced by Livingston County, as Municipal Civil Infractions.

A. Pursuant to the authority set forth in the Act, any violation of the Act, the Rulesand this Ordinance, which are enforceable by Livingston County, or anyexception granted thereunder, shall be a municipal civil infraction. A violationincludes any act which is prohibited or made or declared to be unlawful or anoffense, and any omission or failure to act where the act is required by the Act,the Rules or this Ordinance.


B. The sanction for any violation of the Act, the Rules or this Ordinance, which is amunicipal civil infraction, shall be a civil fine as provided herein, plus any cost,damages, expenses and other sanctions, as authorized under Chapter 87 of1961 PA 236, as amended, and other applicable laws.

C. The Livingston County Drain Commissioner, deputies of the Livingston CountySheriff’s Office, and other persons specifically designated by this Ordinance,are the County officials authorized to issue municipal civil infraction citationsand municipal civil infraction violation notices for violations of the Act, the Rulesand this Ordinance.

D. Each day that a violation exists constitutes a separate infraction.

Article 16. Adoption of a Schedule of Fines for Violations of the Act, the Rules and this Ordinance, as Enforced by Livingston County.

A. Fines to be Established by County Board Resolution

The County Board of Commissioners shall by Resolution adopt a schedule of fines for violations of the Act, the Rules and this Ordinance, which may be amended by subsequent Resolution. The initial schedule of fines is set forth in Sections B - E, below for both municipal civil infraction citations and municipal civil infraction violation notices.

B. Fines for Municipal Civil Infraction Citations

(1) For the first citation, except as otherwise provided in this Ordinance, alandowner or designated agent who violates the Act, the Rules or thisOrdinance and is found responsible at the district court for a municipalcivil infraction citation, shall pay a civil fine of $1,000.00 for the firstviolation cited and an additional $1,000.00 for each additional violationlisted within the citation, up to but not to exceed $2,500.00. In additionto such fines, the Defendant shall pay such costs and damages andexpenses as may be set by the District Court, as authorized by Section8727 of Act No. 236 of the Public Acts of 1961, as amended, and shallbe liable to the State for damages for injury to, destruction of, or loss ofnatural resources resulting from the violation. The District Court mayorder a person who violates the Act, the Rules and the Ordinance torestore the area or areas affected by the violation to their condition asexisting immediately prior to the violation.

(2) For repeat citations issued to a Defendant who admits or is found by theDistrict Court to have committed repeated violations of the Act, theRules and this Ordinance, except as otherwise provided in thisOrdinance, the civil infraction fine shall be $1,750.00 for each repeatviolation. As used in this section, “repeat violations” means a secondviolation of the same requirement or provision (i) committed by theDefendant within any one (1) year period, and (ii) for which theDefendant admits responsibility or is determined to be responsible. Inaddition to such fines, the Defendant shall pay such costs and damagesand expenses as may be set by the District Court, as authorized by


Section 8727 of Act No. 236 of the Public Acts of 1961, as amended, and shall be liable to the State for damages for injury to, destruction of, or loss of natural resources resulting from the violation. The District Court may order a person who violates the Act, the Rules and this Ordinance to restore the area or areas affected by the violation to their condition as existing immediately prior to the violation.

C. Fines for False Statements in an Application for a Permit or Soil Erosion andSedimentation Control Plan.

A landowner, or designated agent, who knowingly makes a false statement in an application for a permit or in a soil erosion and sedimentation control plan, as set forth in Article 6, is responsible for the payment of a civil fine of not more than $10,000.00 for each day of the violation.

D. Fines for Violations of Notice of Soil Erosion and Sedimentation ControlViolations.

A landowner, or designated agent, who knowingly violates the Act, the Rules orthis Ordinance after receiving notice to cease and desist all activities, as setforth in Article 13, is responsible for the payment of a civil fine of not less than$2,500.00 or more than $25,000.00 for each day of the violation.

E. Fines for Municipal Civil Infraction Violation Notices

A landowner or designated agent who, as a result of violating any provision ofthe Act, the Rules or this Ordinance, except as otherwise provided in thisOrdinance, receives a municipal civil infraction violation notice, and whoaccepts admission of responsibility, shall pay an initial civil fine at the MunicipalCivil Infractions Bureau of $250.00.

(1) In the case of another offense within one (1) year of the date of theinitial infraction, the civil fine shall be $500.00.

(2) In the case of another offense within one year of the date of the secondoffense, the civil fine shall be $1,000.00. (This shall be known as thethird offense.) All subsequent offenses shall be subject to a civil fine of$1,000.00.

(3) If an admission of responsibility is not made and the civil fine prescribedby this Ordinance for the violation is not paid at the Municipal CivilInfractions Bureau, a municipal civil infraction citation may be filed withthe District Court in accordance with State law.

Article 17. Establishment of Municipal Civil Infractions Violations Bureau forDisposition of Violations of the Act, the Rules or this Ordinance,and enforced by Livingston County.

The Municipal Civil Infractions Violations Bureau, for disposition of violation notices issued under the Act, the Rules, and this Ordinance, shall be located at the Livingston County Drain Commissioners Officer, 2300 East Grand River Ave., Howell, MI 48843.


Article 18. Fees.

All costs and fees shall be paid to Livingston County in accordance with a fee schedule determined by resolution by the Livingston County Board of Commissioners, copy attached, which shall be amended from time to time.

Article 19. Administrative Policies.

Administrative polices are available to assist individuals in complying with soil erosion control measures in accordance with the Act, the Rules and this Ordinance.

Article 20. Construction.

When not inconsistent with the context, words used in the present tense include the future. Words in the singular include the plural and words in the plural include the singular. Masculine shall include a feminine and neuter. The word “shall” is always mandatory and not merely directive. Words or terms not defined herein shall be interpreted as defined in statutes, regulations, or codes to which they apply or if not so defined shall be defined in the manner of their common meaning. Headings shall be deemed for convenience and shall not limit the scope of any section of this Ordinance.

Article 21. Severability.

The various parts, sections, subsections, paragraphs, sentences, phrases, and clauses of this Ordinance are hereby declared to be severable. If any part, section,subsection, paragraph, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it shall be considered severed from this Ordinance and shall not be construed as affecting the validity of the remaining portions of this Ordinance.

Article 22. Repeal.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Article 23. Savings Clause.

This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.

Article 24. Effective Date of Ordinance.

This Ordinance shall take effect when notice of its adoption is published in a newspaper of general circulation in the County.


Part D: References


REFERENCES

Alachua County, Florida. Chapter 8 – Stormwater Management and Erosion Control.

Arnold, Chester L. and Gibbons, James C., 1994. Impervious Surface Coverage, The Emergence of a Key Environmental Indicator – APA Journal.

City of Austin, Texas. 1996. Final Report – Combining and Incorporating a Technical Report, Summary Report, Workshop Manual, and Survey Report on the EPA 205(J)(5) Matching Funds Grant Project Entitled “Enhanced Roadway Runoff Best Management Practices for Surface Water and Ground Water Nonpoint Source Pollution for the Contributing Drainage Area of the Barton Springs Segment of the Edwards Aquifer.”

Bainbridge Island, WA. Chapter 13.24 – Establishes Utility, Impervious Surface Rate Reductions.

Bobrin, Janis A., 1999 Draft. Rules of the Washtenaw County Drain Commissioner: Procedures and Design Criteria for Subdivision Drainage. Washtenaw County Drain Commissioner’s Office, Ann Arbor, MI.

Brinson, M., 1995. The HGM Approach Explained. National Wetlands Newsletter. pp. 7-13.

Brinson, M., 1996. Assessing Wetland Functions Using HGM. National Wetlands Newsletter. pp. 10-16.

Brodowicz, W., Herman, K., Masters, L., Penskar, M., Reznicek, A., Wilhelm, G., 1996. Floristic Quality Assessment with Wetland Categories and Computer Application Programs for the State of Michigan. Michigan Department of Natural Resources, Wildlife Division, Natural Heritage Program, in partnership with United States Department of Agriculture, Natural Resources Conservation, Rose Lake Plant Materials Center, MI. pp. 20.

Brown, W. and Schuler, T., 1997. The Economics of Stormwater BMPs in the Mid-Atlantic Region: Final Report. Center for Watershed Protection. Silver Springs, MD. pp.17.

Brown, W. and Schuler, T., 1997. National Pollutant Removal Performance Database for Stormwater BMPs: A National Examination of Pollutant Removal Capability. Center for Watershed Protection. Silver Springs, MD.

California Regional Water Quality Board, Lahontan Region. Water Quality Control Plan F or the Lahontan Region. 5.4 Land Capability and Coverage Limitations.

Center for Watershed Protection, 1998(a). Better Site Design: A Handbook for Changing Development Rules in Your Community. Ellicott City, MD. pp.172.

Center for Watershed Protection, Inc., 1998(b). Rapid Watershed Planning Handbook: A Comprehensive Guide for Managing Urbanizing Watersheds, Ellicott City, MD.


Clinton River Watershed Council and Hubbell, Roth & Clark, Inc., 1997. Sedimentation Basins. Michigan Department of Environmental Quality, Land and Water Management Division. Lansing, MI. pp. 16.

Claytor, Richard A. and Brown, Whitney E., 1996. Environmental Indicators to Assess Stormwater Control Programs and Practices. Center for Watershed Protection. Silver Springs, MD. pp.171.

Claytor, Richard A. and Schueler, Thomas R., 1996. Design of Stormwater Filtering Systems. The Center for Watershed Protection. Silver Springs, MD.

Commonwealth of Pennsylvania, Stormwater Management Act. pp. 11.

Dean, L., 1980. Water Quality Guidelines for Development Plan Reviews: A Handbook for Local Officials in Michigan. Southeast Michigan Council of Governments. pp. 121.

Ditschman, E. and Johnson, P., 1995. Oakland Township: Design Manual for Subdivision Drainage. Clinton River Watershed Council, Rochester Hills, MI. pp.27.

City of Dunedin, Florida. Three Component Stormwater Management Utility Ordinance.

City of Farmington Hills Soil Erosion and Sedimentation Control Program, Revised 1997.

Ferguson, T., Gignac, R., Stoffan, M., Ibrahim and A., Aldrich, J., 1997. Cost Estimating Guideline – Best Management and Engineered Controls. Rouge River Wet Weather Demonstration Project, Wayne County, MI.

Johnson, P. and Dean, L., 1995. Stormwater Management Guidebook for Michigan Communities. Clinton River Watershed Council, Utica, MI.

Kendig, Lane H. Impervious Surface Ratio.

Kendig, Lane H. and Perkel, Barry L., 1988. Performance Zoning for Sensitive Land in Queen Anne’s County, Maryland – Urban Land.

Kumble, P., Herson-Jones, L., Schueler, T., 1993. Technical Guide for 10% Compliance Rule: Urban Stormwater Quality Guidance for the Maryland Chesapeake Bay Critical Area in Intensely Developed Areas. Anacostia Restoration Team, Department of Environmental Programs, Metropolitan Washington Council of Governments. Washington D.C. pp.104.

Kumble, P., Herson-Jones, L., Schueler, T., 1993. Plan Reviewer’s Guide for 10% Compliance Rule: Urban Stormwater Quality Guidance for the Maryland Chesapeake Bay Critical Area in Intensely Developed Areas. Anacostia Restoration Team, Department of Environmental Programs, Metropolitan Washington Council of Governments. Washington D.C. pp.104.

Lake County, Illinois. Section 4200 – Zoning District Performance Standards, Impervious Surface Ratio.

Lindemann, Patrick E., 1997. Soil Erosion and Sedimentation Control Program – Rules and Procedures. Ingham County Drain Commissioner’s Office, Mason, MI. pp.47.


Livingston, E. and Shaver, E., 1997. Institutional Aspects of Urban Runoff Management: A Guide for Program Development and Implementation. Watershed Management Institute, Inc.

Livingston County Department of Planning, 1998. Livingston County Data Book and Community Profiles.

Livingston County Drain Commissioner’s Office; Soil Erosion and Sedimentation Control Enforcement Division, September 1994. A One Year Overview of Permit Activity. Howell, MI.

Livingston County Drain Commissioner’s Office; Soil Erosion and Sedimentation Control Enforcement Division. Grading Permits in Subs and Condos. Personal Memorandum from Todd A. Cox, Drain Inspector. Howell, MI.

Livingston County Drain Commissioner’s Office, November 1991. Budget and Fees. Personal Letter from Mark Smith, Chief Deputy Drain Inspector. Howell, MI.

Township of Lower Merion, Pennsylvania. Ordinance 3208 – To Regulate Amount of Impervious Surface.

Michigan Department of Environmental Quality, 1998. On-site Water Supply and Sewage Disposal for Land Divisions and Subdivisions. Internet Document. http://www.deq.state.mi.us/dwr/EH/Rules.html. pp.17

Maryland Department of the Environment, 1994. 1994 Maryland Standards and Specifications for Soil Erosion and Sediment Control. Maryland Department of the Environment – Water Management Association in association with Soil Conservation Service and State Soil Conservation Committee.

Maryland Department of the Environment, 1998. Maryland Stormwater Design Manual Volumes I & II. Center for Watershed Protection. Ellicott City, MD.

Nassauer, J., Halverson, B. and Roos, S., 1997. Bringing Garden Amenities into Your Neighborhood: Infrastructure for Ecological Quality. University of Minnesota.

New York State Department of Environmental Conservation, Division of Water, Bureau of Water Quality. 1986. Stream Corridor Management: A Basic Reference Manual. Albany, NY. pp. 111.

New York State Department of Environmental Conservation, April 1991. Erosion and Sediment Control Guidelines for New Development. Office Memorandum from Salvatore Pagano, Director, Division of Water. Albany, NY.

New York State Department of Environmental Conservation, April 1992. Reducing the Impacts of Stormwater Runoff From New Development. Albany, NY.

Northeastern Illinois Planning Commission, 1990. Model Stormwater Drainage and Detention Ordinance.

Phipps, Stephen. 1996. GIS Image Technology Helps in Stormwater Planning. American City and County.


Oakland County Drain Commissioner. 1974. Design Criteria for Subdivision Drainage: Revision No. 4., Waterford, MI. pp.16

Open Forum, 1994. Should Numerical Imperviousness be Used to Zone Watersheds? Watershed Protection Techniques.

Rockford, Illinois. Ordinance Limiting Impervious Surfaces.

Rosgen, David L., 1994. A Classification of Natural Rivers.

Salix Applied Earthcare, Erosion Draw 2.0 software, 1-916-224-0878, email: [email protected], http://www.erosiondraw.com

Schuler, T. and Claytor, R., 1997. Technical Support Document for the State of Maryland Stormwater Design Manual Project. Center for Watershed Protection, Third Draft Review. Silver Springs, MD.

Schaftlein, S., 1996. Washington State’s Stormwater Management Program. Washington State Department of Transportation – Environmental Affairs Office, Olympia, WA. pp.15.

Schuler, T. and Claytor, R., 1996. Design of Stormwater Filtering Systems. Center for Watershed Protection. Silver Springs, MD.

Schuler, T., 1987. Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs. Department of Environmental Programs: Metropolitan Washington Council of Governments. Washington, D.C.

The Site Planning Roundtable. Consensus Agreement on Model Development Principles to Protect our Streams, Lakes and Wetlands. Center for Watershed Protection, Ellicott City, MD. pp. 9.

Southeast Michigan Council of Governments, 1994. Land Use Tools and Techniques: A Handbook for Local Communities. pp.183.

Sutherland, Roger C., 1995. Methodology for Estimating the Effective Impervious Area of Urban Watersheds. Watershed Protection Techniques.

City of Southfield Soil Erosion and Sedimentation Control Program, Revised 1998.

City of Sterling Heights Soil Erosion and Sedimentation Control Program, Revised 1996.

State of Wisconsin, Department of Agriculture, Trade and Consumer Protection, 1997. County Drainage Board Handbook. Madison, WI.

City of Westlake, Ohio. Ordinance 1988-246 – Impervious Surface Limits.

United States Environmental Protection Agency, 1993. Seminar Publication: National Conference on Urban Runoff Management: Enhancing Urban Watershed Management at the Local, County, and State Levels. Center for Environmental Research Information.


United States Environmental Protection Agency, 1993. Natural Wetlands and Urban Stormwater: Potential Impacts and Management. Office of Water. Washington, D.C. pp.76. United States Department of Agriculture – Soil Conservation Service, in cooperation with the New York State Department of Environmental Conservation and the New York Nonpoint Source Coordinating Committee. Article – How to Manage Stormwater. Stormwater Tips #2. United States Department of Transportation, 1995. Best Management Practices for Erosion and Sediment Control. Eastern Federal Lands Highway Design, Federal Highway Administration. Sterling, VA. pp. 108 1989. What You Need to Know About Lot Coverage and Impervious Surface Zoning Regulations – The Zoning Report.

.


Part E: Definitions


DEFINITIONS

The definitions for certain terms as enumerated in the Land Division Act, 1967 PA 288, and Sections 9101 and 9102 of the Soil Erosion and Sedimentation Control Act, Part 91 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, are herein incorporated by reference.

100-Year Flood means a flood which has a 1% chance of occurring in any given year.

Accelerated Soil Erosion means the increased loss of the land surface that occurs as a result of human activities.

Best Management Practices (BMP) means structural, vegetative, or managerial measures or activities which help to achieve soil erosion and sedimentation control objectives.

Check Dam means an earthen or manufactured structure placed perpendicular in a swale or channel which reduces water velocities. The design must follow very specific criteria.

Contractor means any person(s) under written contract with the landowner to perform the described work.

Developer means a person, partnership, or corporation building one building, or building one building for occupancy by other than owner, or creating or developing any parcel of land for any use other than agriculture, or form thereof.

Disturbed Area means an area of land subject to erosion due to the removal of vegetative cover and/or earth moving activities, including filling.

Diversion means a ridge graded to divert water to a specific location. It is normally used to reduce the length of slope that water runs over, thus reducing the erosive speed of the runoff.

Drainage Way means surface or subsurface drains that remove excess surface water or ground water from land.

Earth Change means a human-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the State. This includes, but is not limited to, grading and preparation for wells, septic fields (including perimeter drains), driveways, foundations, backfill, final grade changes, and stockpiling of material. This shall apply to all categories of land use. “Earth change” shall not apply to the practice of plowing and tilling soil for the purpose of crop production, ordinary household gardens, or normal maintenance.

Engineer means a professional engineer registered in the State of Michigan.

Erosion means the process by which the land surface is worn away by the action of wind or water.

Erosion Control Permit means a permit issued at the Office of the Livingston County Drain Commissioner; also called a Grading Permit.


Existing Grade means the vertical location of the existing ground surface prior to excavating or filling.

Finished Grade means the final grade or elevation of the ground surface conforming to the proposed design.

Grading means any stripping, excavating, filling including hydraulic fill, stockpiling, or any combination thereof and shall include the land in its excavated or filled condition.

Grading Permit means a permit issued to authorize work to be performed under these rules; also called an Erosion Control Permit.

Gully means a deep cut formation in the soil that is the result of erosive water velocity. A gully begins as a rill formation.

Impervious Surface means roof-tops, parking areas, and other surfaces which do not allow water to infiltrate into the ground.

Infiltration means the absorption of water into the ground.

Lake means the Great Lakes and all natural and artificial inland lakes and/or impoundments that have definite banks, a bed, and visible evidence of continued occurrence of water and a surface area of water that is equal to or greater than one acre. This does not include sediment basins and lakes constructed for the sole purpose of cooling water or for treating polluted water.

Landowner means the person who owns or holds a recorded easement on the property or who is engaged in construction in a public right-of-way. It includes a designated agent who has written authorization from the landowner to sign the application and secure a permit in the landowner’s name.

Major Project means earth changes that meet or exceed one (1) acre.

Minor Project means earth changes that are less than one (1) acre and are within 500 feet of surface water.

Natural Land Surface means the land surface in its original state before grading, stripping, excavation, or filling.

Non-Erosive Velocity means the speed of water flow which is not likely to erode and dislodge soil particles.

Non-Point Source Pollution means pollution that is washed off the surface of land and impervious surfaces. Unlike point source pollution such as an outlet pipe of a factory, non-point has numerous sources such as automobile drippings, pesticides, and herbicides from lawns and crop fields, etc.

Permanent Soil Erosion and Sediment Control Measures means control measures installed or constructed to control erosion and sedimentation and maintained after project completion.


Permanent Stabilization is defined as pavement, rock, or established grass installed in a manner so as to prevent soil movement or loss from erosive forces such as rain, wind, and human activities.

Permitee means any person to whom a permit is issued pursuant to these rules.

Person means, in addition to any other meaning it may have under this Subtitle, an individual, a corporation, a partnership, an incorporated association, an agency, or any other similar entity whatsoever.

Professional Engineer means an engineer duly registered by the State of Michigan to practice professional engineering.

Rill means a shallow cut formation in the soil that is the result of erosive water velocities.

Rip Rap means large and small stone or aggregate used to reduce water velocity at the outlet of a pipe. The correct installation requires a riprap cloth be laid on the ground prior to the stone placement to best secure soil.

Runoff means water that is not absorbed by plants or infiltrated into the soil but runs off the surface of the ground to the lowest point.

Sediment means soils or other surfacial materials relocated by wind or surface water as a product of erosion.

Single Family Dwelling means a building construction for the sole purpose of housing the members of one immediate family.

Site means any lot or parcel of land, or combination of contiguous lots or parcels of land, where grading is performed or permitted.

Stabilize means to fix, or firmly establish, whether by vegetative or mechanical means, for the purpose of these rules referring to soils.

Soil means all earth material of whatever origin that overlies bedrock, and including, but not limited to, the decomposed zone of bedrock which can be readily excavated by mechanical equipment.

Steep Slope means a slope over fifteen percent grade which is characterized by increase run-off, erosion, and sediment hazards.

Storm Drain means a conduit, pipe, natural channel, or human-made structure which serves to transport storm water runoff.

Stream means a river, creek, storm drain, or other watercourse which may or may not be serving as a drain as defined in Act No. 40, of the Public Acts of 1956, as amended, which has definite banks, a bed, and visible evidence of continued flow or continued occurrence of water, including the connecting waters of the Great Lakes.

Stripping means any activity which removes the vegetative surface cover including tree removal, sod, clearing, grubbing, and storage or removal of top soil.


Swale means a natural or human made depression shaped as a channel to route runoff water.

Temporary Soil Erosion and Sediment Control Measures means interim control measures which are installed or constructed to control soil erosion or sedimentation until permanent soil erosion control measures are established.

Vegetative Cover means grasses, shrubs, trees, and other vegetation which holds and stabilizes soils.

Water Course means any natural or artificial water course including, but not limited to; streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, watercourses, gullies, ravines, or washes which has definite banks, a bed, and in which waters flow in a definite direction or course, either continuously or intermittently, and including any area adjacent thereto which is subject to inundation by reason of water flow or floodwater.

.


Appendix A: Section 433 Agreement Package


AGREEMENT FOR THE ESTABLISHMENT OF A COUNTY DRAIN AND COUNTY DRAINAGE DISTRICT

FOR THE (INSERT DEVELOPMENT NAME AND TYPE) PURSUANT TO SECTION 433 OF ACT NO. 40 OF THE PUBLIC ACTS OF 1956, AS AMENDED

THIS AGREEMENT, made and entered into this ________ day of _______________________, 200 , by and between BRIAN JONCKHEERE, LIVINGSTON COUNTY DRAIN COMMISSIONER, 2300 East Grand River, Suite 105, Howell, Michigan, hereinafter referred to as "Drain Commissioner" on behalf of the proposed (insert drain name, use development name) Drain Drainage District; and (insert corporation name)

, a Michigan (insert corporation type), (insert address) as owner(s) of land described in Exhibit A attached hereto, hereinafter referred to as "Landowner".

WITNESSETH:

WHEREAS, Section 433 of Act No. 40 of the Public Acts of 1956, as amended, authorizes the Drain Commissioner to enter into an Agreement with the Landowner and developer, if any, to establish a drain which was constructed by the Landowner or developer to service an area of its own land as a County Drain; and,

WHEREAS, Landowner, pursuant to Section 433 of Act No. 40 of 1956, as amended, wishes to provide drainage service to its own lands and has requested same to be established and dedicated as a County Drain under the jurisdiction of the Livingston County Drain Commissioner; and,

WHEREAS, Landowner has been advised and understands and agrees to assume the total cost of the construction of the drain to include engineering, inspection, easement acquisition, legal and administrative expenses and costs attendant to this Agreement; and,

WHEREAS, Landowner further understands that the Drain constructed, or to be constructed, pursuant to this Agreement, when finally accepted by the Drain Commissioner, will be known as the (insert drain name), Drain and that the land to be drained will be known and constituted as the (insert drain name) Drain Drainage District and will be subject to assessments, for costs of future operation, inspection, maintenance and improvement; and,

WHEREAS, Landowner has agreed to assume and pay all costs as set forth herein, and,


WHEREAS, Landowner has obtained, at its own expense, a certificate from a registered professional engineer satisfactory to the Drain Commissioner to the effect that the Drain has sufficient capacity to provide adequate drainage service without detriment to or diminution of the drainage service which the outlet currently provides. A copy of said certificate being attached hereto as Exhibit B.

NOW, THEREFORE, in consideration of the premises and covenants of each, the parties hereto agree as follows:

1. Landowner agrees to construct and/or has constructed, at its expense, the Drain inaccordance with plans and specifications approved by the Drain Commissioner.

2. The Landowner agrees to pay the costs of construction of said Drain and drainagefacilities, including the acquisition of the necessary rights of way or easements, engineering,surveying, inspection, legal and administration costs. In addition, the Landowner hasdeposited with the Drain Commissioner an amount of money equivalent to five (5%) percent ofthe costs of construction of the Drain, not to exceed Two Thousand Five Hundred and No/l00($2,500.00) Dollars, which monies are to be deposited in a special drain fund to be used forfuture maintenance of the Drain, hereinafter referred to as "(insert drain name) DrainMaintenance Fund.”

3. That the Landowner shall secure, at its own expense, all easements or rights of waynecessary for the construction of the Drain over and across the properties owned byLandowner and across such other lands as necessary for the construction of the Drain fromthe point of beginning at the outlet to the point of ending. Said easements or rights of wayshall be secured in writing and in a form acceptable to the Drain Commissioner. TheLandowner shall be responsible for all costs for the recording of said easements, as directedby the Drain Commissioner.

4. Landowner shall secure all necessary permits or authorizations as may be required bylocal, state or federal law and provide copies to the Drain Commissioner. The DrainCommissioner shall be provided copies of all correspondence and reports involving anygovernmental agency with respect to the Drain.

5. The (insert drain name) Drain Maintenance Fund is agreed and understood as beingfor the sole benefit of the (insert drain name) Drain and use thereof may be made by the(insert drain name) Drain Drainage District at large, or part thereof, and that such paymentshall not relieve the subject property from any future assessments levied pursuant to the DrainCode of 1956, as amended.

6. Landowner agrees to indemnify and hold harmless the Drain Commissioner and the(insert drain name) Drain Drainage District for any and all claims, damages, lawsuits, costsand expenses, arising out of or incurred as a result of the Drain Commissioner assumingresponsibility for the drain under federal, state and/or local environmental laws andregulations, including all future amendments to such laws or regulations and the administrativeand judicial interpretation thereof, except for liability arising out of the gross negligence orintentional wrongful conduct of the Drain Commissioner or its agents.

7. Modification, amendments or waivers of any provisions of the Agreement may be madeonly by the written mutual consent of the parties.


This Agreement shall become effective upon its execution by the Landowner and the Drain Commissioner and shall be binding upon the successors and assigns of each party.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the duly authorized officers as of the day and year first above written.

(INSERT DRAIN NAME) DRAIN DRAINAGE DISTRICT

______________________________ By: Brian Jonckheere Livingston County Drain Commissioner

(INSERT COMPANY NAME)

_____________________________ By: Its:

[IF A CONDOMINIUM ASSOCIATION HAS BEEN FORMED, PROVIDE THIRD SIGNATORY & ADDITIONAL NOTARY LOCATION FOR AN AUTHORIZED REPRESENTATIVE OF A CONDOMINIUM ASSOCIATION TO SIGN]

STATE OF MICHIGAN ) ) ss.

COUNTY OF LIVINGSTON )

On this ______ day of __________________ , 200 , before me, a Notary Public in and for said County, personally appeared BRIAN JONCKHEERE, LIVINGSTON COUNTY DRAIN COMMISSIONER, to me known to be the person described in and who executed the foregoing instrument and acknowledged the same to be her free act and deed.

______________________________________ Notary Public Livingston County, Michigan My Commission Expires: _________________


STATE OF MICHIGAN ) ) ss.


On this ______ day of _______________________, 200 , before me, a Notary Public in and for said County, personally appeared (INSERT SIGNATORY NAME), to me known to be the person described in and who executed the foregoing instrument and acknowledged the same to be his/her free act and deed.

______________________________________ Notary Public Livingston County, Michigan My Commission Expires: _________________

Instrument Drafted By: (INSERT DRAFTEE NAME)

When Recorded Return To: Brian Jonckheere Livingston County Drain Commissioner 2300 East Grand River, Suite 105 Howell, MI 48843


433 STORM WATER DRAINAGE DISTRICT CHECK LIST

SUBDIVISION OR CONDOMINIUM (circle one)

DEVELOPMENT NAME:

TOWNSHIP: SECTION:

ENGINEER: PHONE: FAX:

CONSULTING ENGINEER DRAINAGE REVIEW APPROVAL BY: , DATE:

DRAIN COMMISSIONER DRAINAGE REVIEW APPROVAL DATE: ___________

CHECK LIST FOR ITEMS SUBMITTED

ITEM REQUIRED (footnote,

see pg. 2 )

DATE REC’D

REVIEWED BY:

DATE

A. STORM DRAIN CONSTRUCTION ESTIMATE (1)

B. $2,500.00 APP FEE AND ADMINISTRATIVE FEE (2)

C. TENTATIVE 433 AGREEMENT TO ESTABLISH DISTRICT

D. RECORDED 433 AGREEMENT TO ESTABLISH DISTRICT LIBER: PAGE(S): (3)

E. TENTATIVE RELEASE OF RIGHT OF WAY (ROW) FORM(S)

F. RECORDED RELEASE OF ROW:LIBER: PAGE(S): (4)

G. DRAIN COMMISSIONER SIGNS FINAL PLAT (5)

H. EROSION CONTROL PERMIT IN GOOD STANDING (6)

I. PROPRIETOR’S ENGINEER DAILY INSPECTION RPTS. (7)

J. PROPRIETOR’S ENGINEERS ACCEPTANCE REPORT

K. FINAL INSPECTION (Jointly with Road Commission)

L. AS BUILT AND FINAL PLAT MYLARS

M. APPROVAL OF PROPLED DEED RESTRICTIONS (8)

N. PREPARATION & APPROVAL OF ASSESSMENT ROLL (9)

O. ACCEPTANCE OF ROADS BY LCRC

P. COMPLETION OF MAINTENANCE BOND (10)

R. DETERMINATION OF PRACTICABILITY & FINALACCEPTANCE BY LCDC (11)


SITE CONDOMINIUM SPECIFIC REQUIREMENTS: DATE REC’D

REVIEWED BY:

DATE

TENTATIVE MASTER DEED (9)

MASTER DEED ACCEPTANCE (9)

COPY OF RECORDED MASTER DEED

FOOTNOTES: (1) Prior to issuance of a grading permit Developer’s Professional Engineer shall submit for LCDC

approval a cost estimate for construction of all drainage structures located outside proposedpublic road right of ways.

(2) $2,500.00 Fee is intended as the drain account balance reserved for future maintenance at finalacceptance. Additional fees shall be submitted for administrative expenses of establishing adistrict according to the Drain Commissioners fee schedule, including legal review ofdocuments, any recording fees incurred by the district, final inspection costs, and publication ofthe drainage district. The $2,500.00 fee is based on a stormwater system consisting solely ofgravity components. Systems with non-gravity components are subject to fees above andbeyond $2,500.00. pursuant to Section 196 of the Michigan Drain Code, Act 40 of the PublicActs of 1956, as amended.

(3) 433 Agreement to Establish District shall be signed by an authorized representative of theOwner and Drain Commissioner and be submitted for recording at the Livingston CountyRegister of Deeds prior to approval of construction plans, and the sale of any lots in a plat, orunits in a site condominium. If property is sold on a land contract, both land contract vendorand vendee must sign the agreement. If more than one individual, corporation, partnership, orlimited liability company has interest in the property, duly authorized representatives of eachshall sign the 433 Agreement. Developer shall obtain on the 433 Agreement the signatures ofall Landowners or Unit Owners to whom lots are sold, if any.

(4) Where the preliminary plat, the construction plans, or the Exhibit B documents approved by theLCDC show drainage easements, a legal description of all easements shall be included on aRelease of Right-of-Way Form, which shall be in a LCDC-approved format, signed by anauthorized representative of the landowner/developer, and recorded prior to the sale of any lotswhich are to be encumbered by easements. If lots are sold prior to the Developer releasing aneasement to the District, the Developer shall obtain all necessary easements on said lots forcompletion of the project. Any lots sold on land contract must have the signature of both landcontract vendor and vendee on the easement.

(5) The Drain Commissioner shall be in receipt of a signed 433 Agreement, all necessary cashdeposits, and approved deed restrictions prior to construction plan approval and/or signing ofthe final plat.

(6) Landowner/Developer shall not be in violation of permit conditions and all fees to date shall befully paid.

(7) The proprietor shall retain a qualified inspector, supervised by a registered professionalengineer, to perform infrastructure construction inspection & assure construction according toLCDC approved plans. Inspection activities shall be documented by written daily reportsacceptable to the LCDC. Daily inspection reports shall be bound & submitted to the LCDC forreview prior to final acceptance.

(8) Deed Restrictions & Master Deeds shall be submitted and approved by the LCDC prior toconstruction plan approval. The Landowner shall include standard language provided by theLCDC for Deed Restrictions & Master Deeds, & remove or modify any language objectionableto the LCDC prior to recording.

(9) Effective March 1, 1999, Developer’s Engineer shall develop & submit a proposed assessmentroll, on paper and in electronic format, for future drain maintenance in the development. The rollshall include benefit factors for each lot in the development that is not common-owned property(e.g. parks or open space). Benefit factors shall be based on use of roads, lot size, topography,


etc. The sum of the benefit factors for each parcel shall equal 1.0, and benefit factors for each parcel shall be carried to five decimal places.

(10) Prior to Final Acceptance of the Drainage Infrastructure the Developer shall complete a 2-yearmaintenance bond for the development, which shall guarantee the performance of thedeveloper in the event that defective work is found after final acceptance of the drain.

(11) If upon completion of the final inspection all punch list items are addressed & the LCDCdetermines the proposed drain practical, the LCDC may issue a letter granting final acceptance,& shall subsequently release the balance of any cash bond and to the developer. If the LCDCdetermines the proposed drain impractical, pursuant to Section 52 of the Michigan Drain Codethe LCDC shall notify the developer in writing, provide the reasons for determining the proposeddrain impractical, and refund the balance of any funds remaining from deposits by thedeveloper.

This document is subject to future revision by the LCDC and in no way limits the authority of the LCDC to impose requirements beyond those listed above.

OTHER NOTES:


EXHIBIT B

I, [INSERT ENGINEER NAME], a Registered Professional Engineer in the State of Michigan, do hereby certify to the following for the [INSERT DRAIN NAME, USE DEVELOPMENT NAME], Drain Drainage District in Section [INSERT SECTION NUMBER] of [INSERT TOWNSHIP NAME]:

1. The above-mentioned lands to be developed naturally drain into the area served

by the existing drains and that the existing drains are the only reasonable

available outlet for the drainage from the lands to be developed.

2. To my knowledge, there is

a. Existing capacity in the existing drains to serve the lands to bedeveloped without detriment to or diminution of the sanitary seweror storm drainage service provided or to be provided in theforeseeable future in the existing district.

b. No foreseeable adverse impact on downstream proprietorscreated by the storm water flow from the [INSERT DRAIN NAME,USE DEVELOPMENT NAME] Drain Drainage District.

[TYPE ENGINEER NAME & NUMBER]

Date:


DRAINAGE EASEMENT

For and in consideration of prospective benefits to be derived by reason of the construction, operating and maintaining of a certain Drain under the supervision of the Livingston County Drain Commissioner, 2300 East Grand River Avenue, Howell, Michigan, as hereinafter described,

[insert tax I.D.# of land, if applicable]

[insert name(s) and address of owner(s)]

does hereby convey and release to the (insert drain name) Drain Drainage District, the Right of Way for a certain Drain, hereinafter more particularly designated and described, over and across the following lands owned by me, and situated in the Township of (insert township name), County and State aforesaid, which owned are described as:

[enter legal description of land here or refer to attached exhibit]

The Right of Way or Easement conveyed is described as:

[enter easement description here or refer to attached exhibit]

The route and course of said Drain is described as follows, to-wit:

[enter the route and course of drain here or refer to attached exhibit]

This conveyance is based upon the above described line of route and shall be deemed to include the extreme width of said Drain as shown in the survey thereof, to which survey reference is hereby made for a more particular description, and includes a release of all claims to damages in any way arising from or incident to the opening and maintaining of said Drain across said premises; and also the feet of ground on either side of the center line of said Drain, for the construction thereof; and shall be deemed a sufficient conveyance to vest in the Drainage District an easement in said lands for the uses and purposes of drainage together with such rights of entry upon, passage over, deposit of excavated earth and storage of material and equipment on such lands, as may be necessary or useful for the construction, maintenance, cleaning out and repair of such drain.


Witness, (my, our) hand and seal, dated , 200 .

[INSERT CORPORATION NAME IF ON BEHALF OF A CORPORATION]

___________________________________ Printed Name: ____________ [PRINT JOB TITLE IF ON BEHALF OF A CORPORATION]

[PROVIDE SECOND SIGNATURE IF HUSBAND AND WIFE OR OTHER SECOND OWNER]

STATE OF MICHIGAN ) ) SS


On , 200 , before me, a Notary Public in and for said County, personally appeared to me known to be the person described in and who executed the foregoing instrument, and does acknowledge that they executed same as their free act and deed.

, Notary Public Livingston County, Michigan My Commission Expires

[PROVIDE SECOND NOTARY WITNESS IF MORE THAN ONE SIGNATURE]

Instrument Prepared by: [INSERT DRAFTEE NAME & ADDRESS]

When Recorded Return to: Brian Jonckheere Livingston County Drain Commissioner 2300 East Grand River, Suite 105 Howell, Michigan 48843


Appendix B: Preliminary Plat or Plan Checklist


PRELIMINARY PLAT OR PLAN CHECK LIST SUBDIVISION NAME: DATE:______________________ LOCATION: REVIEWED BY:______________ The following information shall be included on all Plans submitted for approval by the Livingston County Drain Commissioner.

Item Included

Yes or No

Approved

Yes or No

1. The location of the proposed development by means of a small location map.

2. The township, city, or village in which the parcel is situated, including the section and fractional portion thereof, Town and Range Designation

3. Name, address & telephone no. of proprietor

4. Name, address & telephone no., signature and seal of engineer

5. North arrow and scale

6. USGS benchmark description

7. Legend

8. Typical road cross-section (Label road as “Public Road” or “Private Road”)

9. Lot Information: Unit numbers, dimensions (scaled or computed), setback lines, and square footage (minimum)

10. Minimum house grade and basement opening elevation for each lot

11. Typical lot grading plan detail or statement

12. Development boundary with metes & bounds property description, tied to nearest government corner

13. Identification of all adjoining parcels (for subdivision show lot number, subdivision name, Liber and page number, for acreage parcels, show tax roll number and owners name)

14. Existing buildings (label those under construction with address)

15. Existing and proposed roads with name and R.O.W. width

16. Soil boring logs and locations (to include ground elevation at each boring log and water table information). Logs from site report prepared for Environmental Health Division are acceptable.

17. Existing contours at 2 foot intervals or less, with U.S.G.S. datum.


Item Included

Yes or No

Approved

Yes or No

18. Existing and proposed easements (w/dimensions, both utility and drainage easements)

19. All existing drainage courses and structures (w/proper labeling as to type, size and invert elevations)

20. Flood plain contour (existing and proposed)

21. Identification of agency to assume maintenance responsibility for the drainage system

22. A map, at the USGS scale, showing the drainage boundary of the proposed development and its relationship with existing drainage patterns.

23. Any water course passing through the development, including the area of upstream watershed, current zoning, and preliminary calculations of runoff from the upstream area for both the 100-year and 1.5-year 24-hour design storms, for fully-developed conditions according to the current land use plan for the area.

24. Proposed drainage system identifying all open and enclosed portions. Approximate boundaries and acreages of tributary areas of proposed and existing inlets, catch basins and culverts shown.

25. Proposed detention or retention basins (w/volume and dimension; show computations). If retention basin, provide overflow failure analysis, if detention provide evidence of adequacy of outlet.

26. The location and description of any other on-site and adjacent off-site features that may be relevant in determining the overall requirements for the development. For example: High tension power lines or underground transmission lines, cemeteries, parks, sewers, water mains, septic fields, wells and any proposed environmental mitigation features.


Appendix C: Fee Schedule


I. REVIEW FEES

All review fees are payable at the time of plan submittal. Reviews after the first resubmittal shall submit an additional fee in an amount equal to 50 percent of the initial review cost.

1. PRELIMINARY PLAT OR PLAN REVIEW

a. Administrative Fees $150.00 Flat Fee

b. Review Costs, below

Development Type Fee Per Lot or Unit Minimum Fee

Land Divisions (e.g. plat, parcel split, site condominium)

$15.00 per lot or unit $300

Multiple Family Residential Sites (e,g., Apartments and condominiums)

$10 per unit $300

Manufactured Home Parks $10 per site $300

Commercial or Industrial Sites Not Applicable $300 if site < 5 acres $500 if site is 5 acres or more

2. CONSTRUCTION PLAN REVIEW

a. Administrative Fees: $250.00 Flat Fee

b. Review Costs, below

Development Type Fee Per Lot or Unit Minimum Fee

Land Divisions (e.g. plat, parcel split, site condominium)

$30.00 per lot or unit $600

Multiple Family Residential Sites (eg. Apartments and condominiums)

$20 per unit $600

Manufactured Home Parks $20 per site $600

Commercial or Industrial Sites Not Applicable $600 if site < 5 acres $1,000 if site is 5 acres or more


II. ESTABLISHMENT OF DRAINAGE DISTRICTS

In addition to the $2,500 deposit required by the Michigan Drain Code, the Drain Commissioner has established a schedule of fees for the recovery of administrative costs associated with the acceptance of drainage districts under Section 433 of the Michigan Drain Code. This fee schedule, based on the number of lots within a development, is as follows:

Number of Lots Fee

1-50 $1,500.00 51-100 $2,000.00

101-150 $2,500.00 151-200 $3,000.00 201-250 $3,500.00 251-300 $4,000.00 >300 $5,000.00


Appendix D: Construction Plan Checklist


CONSTRUCTION PLAN CHECK LIST

Item Included

Y/N

Approved

Y/N

1. The property description including total acreage as well as the location of the proposed project by means of a small location map. If the project is to be completed in phases, the number of acres in each phase shall also be included.

2. The proposed project layout with all dimensions, including the proposed drainage system for the project.

3. A map, at the U.S.G.S. scale, showing the drainage boundary of the proposed project and its relationship with existing drainage patterns.

4. The location and description of all on-site and adjacent off-site features including but not limited to: adjoining roads and subdivisions; railroads; high tension power lines and/or underground transmission lines; cemeteries; parks; natural and artificial watercourses, wetlands and wetland boundaries, floodplains, lakes, bays, and lagoons; designated natural areas and significant natural features, any proposed environmental mitigation features; drains, sewers, water mains, septic fields, and wells; existing and proposed easements.

5. Plans, profiles and details of all roads and storm sewers. The storm sewer details will include type and class of pipe, length of run, percent of slope, invert elevations, rim elevations, depth of burial, backfill type, depth and compaction, and profile of the hydraulic gradient.

6. Storm sewer calculations indicating the number of acres, calculated to the nearest tenth of an acre, contributing to each specific inlet/outlet, the calculated hydraulic gradient elevation, maximum flow in cfs and the flow velocities for enclosed systems.

7. Plans, profiles, & details of all open ditch drains, drainage swales, and drainage structures.

8. Plans and details of the proposed soil erosion and sedimentation control measures, both temporary (during construction) and permanent.

9. Plans and details of proposed retention/detention facilities. Soil borings may be required at the sites of these facilities.

10. A drainage area map, overlaid onto a copy of the site grading plan, which clearly shows the areas tributary to each inlet and/or storage basin.

11. Topographic maps, at two-foot contour intervals or less on U.S.G.S. datum, showing existing and proposed grades, as well as off-site topography over at least 200 feet of the adjoining property. Maps will also show all existing water courses, lakes and wetlands, and the extent of all off-site drainage areas contributing flow to the development.

12. All drain field locations as approved by the Livingston County Environmental Health Department & of all expansion areas. Drain fields shall not be located within drainage easements and shall comply with isolation distance requirements stated in the Livingston County sanitary code.


Appendix E: Hydrograph Methods


HYDROGRAPH METHODS Sources: Technical Reference Manual, Lake County Stormwater Management Commission. June 1992 Compendium of Watershed-Scale Models for TMDL Development, EPA. June 1992. There are a variety of hydrologic analysis packages available to calculate the runoff from a watershed. These are classified into single event (i.e. HEC-1) or continuous simulation models (i.e. HSPF). Several programs are listed below. The Flood Hydrograph Package (HEC-1) HEC-1, was developed by the U.S. Army Corps of Engineers Hydrologic Engineering Center (HEC). The model is designed to simulate the surface runoff response of a drainage basin to a precipitation input. The model represents the basin as an interconnected system of hydrologic and hydraulic components. Each component models an aspect of the precipitation-runoff process within a portion of the basin, commonly referred to as a subbasin. A component may represent a surface runoff entity, a stream channel, or a reservoir. Representation of a component requires a set of parameters which specify the particular characteristic of the component and mathematical relations which describe the physical process. The result of the modeling process is the computation of stream flow hydrographs at desired locations in the river basin. Technical Release No. 20 The Technical Release No. 20, "Computer Program for Project Formulation - Hydrology", TR- 20 was originally developed by the USDA, Soil Conservation Service (SCS) and has been modified by the SCS and other groups. TR-20 uses the procedures described in the SCS National Engineering Handbook, Section 4, Hydrology (NEH-4), except for the newly revised reach routing procedure (Att-Kin method) which has superseded the Convex method. Technical Release No. 55 The Technical Release No. 55, "Urban Hydrology for Small Watersheds,” TR-55 presents simplified procedures to calculate storm runoff volume, peak rate of discharge, hydrographs, and storage volumes required for detention structures. These procedures are applicable in small watersheds, especially urbanizing watersheds. First issued in January 1975, TR-55 incorporates current SCS procedures described in the SCS national Engineering Handbook, Section 4, Hydrology (NEH-4).


Appendix F: U.S. Soil Conservation Type II Storms


U.S. SOIL CONSERVATION SERVICE TYPE II STORMS

Storm Frequency 24 Hour Rainfall (inches)

1 yr. 2.2" 2 yr. 2.4" 5 yr. 3.1"

10 yr. 3.6" 25 yr. 4.1" 50 yr. 4.5"

100 yr. 4.8"

Source: Engineering Field Manual for Conservation Practices, U.S. Dept. of Agriculture, Soil Conservation Service.

Precipitation Frequency Data: Wayne County, Michigan

The following table indicates how often (return period) a particular amount of precipitation can be expected for a given measurement period for the Wayne County area of Michigan. For example, a 24-hour rainfall of 4.0 inches can be expected once every 25 years.

Return Period

1 yr. 2 yrs. 5 yrs. 10 yrs. 25 yrs. 50 yrs. 100 yrs.

30 min. 0.8 1.0 1.2 1.4 1.6 1.8 1.9

1 hour 1.0 1.2 1.5 1.7 2.0 2.3 2.5

2 hours 1.2 1.4 1.8 2.1 2.3 2.7 2.9

3 hours 1.3 1.6 1.9 2.3 2.6 2.8 3.2

6 hours 1.6 1.8 2.3 2.7 3.0 3.2 3.7

12 hours 1.7 2.2 2.7 3.1 3.5 3.8 4.3

24 hours 2.1 2.4 3.0 3.5 4.0 4.4 4.9

NOTE: The above data was obtained from Weather Bureau Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published May, 1961. The values listed in the table vary with location and the table is not applicable to any other area.


Appendix G: Livingston County Soil Types


HYDROLOGIC SOIL GROUPS FOR LIVINGSTON COUNTY

Soil properties influence the process of generation of runoff from rainfall and must be considered in methods of runoff estimation. When runoff from individual storms is the major concern, the properties can be represented by a hydrologic parameter which reflects the minimum rate of infiltration obtained for a bare soil after prolonged wetting. The influences of both the surface and the horizons of a soil are therefore included.

Four hydrologic groups are used. The soils are classified on the basis of water intake at the end of the long-duration storms occurring after prior wetting and after an opportunity for swelling, and without the protective effects of vegetation. In the definitions to follow, the infiltration rate is the rate at which water enters the soil at the surface and which is controlled by surface conditions, and the transmission rate is the rate at which the water moves in the soil and which is controlled by the horizons. The hydrologic soil groups, as defined by the SCS soil scientists, are:

A. (Low runoff potential) Soils having high infiltration rates even when thoroughlywetted and consisting chiefly of deep, well to excessively drained sands or gravels.These soils have a high rate of water transmission.

B. Soils having moderate infiltration rates when thoroughly wetted and consisting chieflyof moderately deep to deep, moderately well to well drained soils with moderatelyfine to moderately coarse textures. These soils have a moderate rate of watertransmission.

C. Soils having slow infiltration rates when thoroughly wetted and consisting chiefly ofsoils with a layer that impedes downward movement of water, or soils withmoderately fine to fine texture. These soils have a slow rate of water transmission.

D. (High runoff potential) Soils having very slow infiltration rates when thoroughlywetted and consisting chiefly of clay soils with a high swelling potential, soils with apermanent high water table, soils with a clay-pan or clay layer at or near the surface,and shallow soils over nearly impervious material. These soils have a very slow rateof water transmission.

The following table gives the hydrologic soil group for each soil series and, in some instances, gives several possible hydrologic soil group classifications for a series. In using this table, the first group shown (capital letter) is the native or natural group that the soil series is usually classified under when its water intake characteristics have not been significantly changed by artificial drainage, land use, or other factors. The second group shown is the probable maximum improvement that can be made through artificial drainage and the maintenance or improvement of soil structure. Generally speaking, those series having several possible classifications are soils with relatively high water tables so that artificial drainage measurably improves their ability to absorb rainfall and thus reduce runoff.


HYDROLOGIC SOIL GROUPS FOR LIVINGSTON COUNTY

Soil Series Hydrologic Group

Arkpoa B Barry B/D* Berville B/D Boger B Breckenridge B/D Bronson B Brookston B/D Carlisle B Colwood B/D Conover C Edwards B/D Fox B Gilford B/D Hillsdale B Houghton A/D Lamson B/D Linwood A/D

Soil Series Hydrologic Group

Locke B Metamora B Metea B Miami B Minoa C Oakville A Oshtemo B Ottokee A Owosso B Pewamo C/D Rifle A/D Sebewa B/D Spinks A Tawas A/D Thettard A Warners C Wasepi B Washtenaw C

* Two soil groups, such as B/D, indicates the undrained/drained situation.

Source: USDA Soil Conservation Service, March 1990.


Appendix H: Suggested Best Management Practices

Schematics


FOR RISER DETAIL, SEE SHEET 31.

Source: State of Maryland, 1998


Appendix I: A Simple Method of Detention Basin

Design


DETERMINATION OF REQUIRED VOLUME FOR DETENTION BASINS

The volume of the proposed storm water detention basins shall be determined by one of the following methods.

Method 1

Table I gives the required detention basin volumes and the corresponding permissible maximum outflow rates for various tributary area sizes. For tributary areas, acreages of which fall between those listed in the table, the next higher listed acreage shall be used.

The table is based on the following parameters:

A. 100-year frequency design storm.

B. Overall run-off coefficient C = 0.35 (pg. 51, ASCE Manual No. 37, Design andConstruction of Sanitary and Storm Sewers, 1969).

C. Maximum permissible unit outflow rate of 0.20 cfs per acre of tributary area.

Should the design engineer, for some reason, see the need to use run-off coefficients or permissible outflow rate other than those specified under “B” or “C” above, Method 2 should be used.

Method 2

Under this method, the engineer shall make his design computations using Table II. The maximum value in column “7” shall be the required volume of detention basin. The use of this method is subject to the Livingston County Drain Commissioner’s approval of the allowable outflow rate (Qo) selected by the engineer.


Table I

Tributary Area (Acres)

Permissible Maximum Outflow (cfs)

Minimum Required Volume (Acre-Feet)

5 1.0 0.47

10 2.0 0.93

15 3.0 1.40

20 4.0 1.87

25 5.0 2.33

30 6.0 2.80

35 7.0 3.27

40 8.0 3.73

45 9.0 4.20

50 10.0 4.66

55 11.0 5.13

60 12.0 5.60

65 13.0 6.06

70 14.0 6.53

75 15.0 7.00

80 16.0 7.46

85 17.0 7.23

90 18.0 8.40

95 19.0 8.26

100 20.0 8.33


Table II

Tributary Area (A) = _________________ Acres

Compound Run-off Coefficient (C) = _________________________ (Attach computations)

Design Constant (K1) = A x C = ___________________

Allowable Outflow Rate (Qo)* = ___________________ cfs

(1) (2) (3) (4) (5) (6) (7)

Duration (Minutes)

Duration (Seconds)

Intensity (100-yr Storm) (In/Hr)

Col. #2 x Col. #3 Inches

Inflow Volume = Col. 4 x K1 (Cu. Ft.)

Outflow Volume Col. #2 x Qo (Cu. Ft.)

Storage Volume

Col. 5 - Col. 6 (Cu. Ft.)

5 300 9.17 2,751

10 600 7.86 4,716

15 900 6.88 6,192

20 1,200 6.11 7,332

30 1,800 5.00 9,000

60 3,600 3.24 11,664

90 5,400 2.39 12,906

120 7,200 1.90 13,680

180 10,800 1.34 14,472

NOTE: Figures in Columns (3) and (4) are valid where the intensity is computed by the

formula 25

275

+=t

I (i.e., 100-yr. curve), appropriate revisions shall be made for

geographical areas where this formula does not apply.

* Allowable outflow rate Qo to be one of the following:

Case 1: Qo = capacity of existing discharge conduit or channel.

Case 2: Qo = q x A where q = Permissible Discharge Rate per Acre of Tributary Area = _______________ cfs/acre.


SAMPLE PROBLEMS

Example #1:

Given: A Subdivision of 30 acres with single residential Lots as follows:

Average Lot Size: 150’ x 200’ or 30,000 sq. ft. Average House Dimensions: 65’ x 30’ Driveway: 24’ wide, concrete Building Setback: 40’ Street R.W.W.: 60’ Pavement: Concrete integral conc. curb & gutter 30’b-b Sidewalk: 5’ wide, concrete, both sides of the street Drainage Outlet: Existing roadside ditch under the Road Commission

jurisdiction. Permissible Unit Outflow: 0.15 cfs/acre

Required: Volume of Storm Water Detention Basin.

Computations:

a) Compound Run-off Coefficient (c)

Area of Lot = 200 x 150 = 30,000 Sq.Ft. Area of Street = 30 x 150 = 4,500 Sq.Ft. TOTAL AREA 34,500 Sq.Ft.

Assume the following individual run-off coefficients:

Building and Paved Surfaces: 0.90 Lawns and Unpaved Surfaces: 0.20

Thus: House: 65’ x 30’ = 1950 S.F. @ 0.90 = 1755 Pavement: 150’ x 15’ = 2250 S.F. @ 0.90 = 2025 Drive Apron: 55’ x 24’ = 1320 S.F. @ 0.90 = 1188 Sidewalk: 150’ x 5’ = 750 S.F. @ 0.90 = 675 Lawns & Natural Areas = 28,230 S.F. @ 0.20 = 5646

TOTALS = 34,500 S.F. 11,289

Compound C = 34,500

11,289 = 0.33 - (Use C = 0.35)

b) Permissible Maximum Outlet Rate

30 acres @ 0.20 cfs/acre = 4.5 cfs

c) Required Volume of Detention Basin

Since Compound C = 0.35 and Outlet Rate is at 0.20 cfs/acre, Table I may beused.

Therefore the required minimum volume of detention basin will be 2.8 acre feet or 2.8 x 43,560 = 121,910 cubic feet


Example #2:

Given: An apartment site occupying 60 acres. The percentages of area used will be as follows:

Buildings: 40% Parking Areas, Streets, & Walks: 40% Parks and Greenbelts: 20%

The only permissible drainage outlet is a natural drainage channel which has a capacity of 15 cfs and currently drains the area of development. There are no other off-site or upstream tributary areas.

Required: Minimum volume of Storm Water Detention Basin.

Computations:

a) Compound Run-off Coefficient.

Assume the following individual run-off coefficients:

Buildings: 40% Paving & Parking: 40% Parks and Greenbelts: 20%

Thus: Buildings: 60 x 0.40 = 24 acres @ 0.90 = 21.6 Pavements: 60 x 0.40 = 24 acres @ 0.90 = 21.6 Lawn Areas: 60 x 0.20 = 12 acres @ 0.20 = 2.4

60 acres 45.6

Compound C = 60

45.6 = 0.76

b) Maximum Permissible Outflow Rate (Qo) =12 cfs(or 0.20 cfs per acre)

c) Required Volume of Detention Basin:

Since the values of C and Qo do not meet the criteria of Method #2, (Table

II) has to be used.

The minimum detention volume thus computed = 446,861 Cu.Ft. or 10.2 Acre Ft.


Example #2 Sample Problem

Tributary Area (A) = 60 Acres Compound Run-off Coefficient (C) = 0.76 (Attach computations) Design Constant (K1) = A x C = 60 x 0.76 = 45.6 Allowable Outflow Rate (Qo)* = 12 cfs

(1) (2) (3) (4) (5) (6) (7)

Duration (Minutes)

Duration (Seconds)

Intensity (100-yr Storm) (In/Hr)

Col. #2 x Col. #3 Inches

Inflow Volume = Col. 4 x K1 (Cu. Ft.)

Outflow Volume Col. #2 x Qo (Cu. Ft.)

Storage Volume

Col. 5 - Col. 6 (Cu. Ft.)

5 300 9.17 2,751 125,446 2,700 122,746

10 600 7.86 4,716 215,050 5,400 209,650

15 900 6.88 6,192 282,355 8,100 274,255

20 1,200 6.11 7,332 334,339 10,800 323,539

30 1,800 5.00 9,000 410,400 16,200 394,200

60 3,600 3.24 11,664 531,878 32,400 499,478

90 5,400 2.39 12,906 588,514 48,600 539,914

120 7,200 1.90 13,680 623,808 64,800 559,008

180 10,800 1.34 14,472 659,923 97,200 562,723

NOTE: Figures in Columns (3) and (4) are valid where the intensity is computed by the formula

25

275

+

=

tI (i.e., 100-yr. curve), appropriate revisions shall be made for geographical areas

where this formula does not apply. * Allowable outflow rate Qo to be one of the following:

Case 1: Qo = capacity of existing discharge conduit or channel. Case 2: Qo = q x A where q = Permissible Discharge Rate per Acre of Tributary Area = _______________ cfs/acre.


Appendix J: Storm Conveyance Design Parameters


STORM DRAINAGE DESIGN CRITERIA

A. STORM SEWERS

1. The required discharge capacity shall be determined by the Rational Method:

Q = ACI

a. The 10 year design storm of I=175/(t + 25) shall be used. The minimum valueof time of concentration (t) shall be 15 minutes.

b. The run-off coefficient C shall be as recommended on Pg. 51 of ASCE Manual37 Design and Construction of Sanitary and Storm Sewers, 1969. (See Annex1.) Where a weighted coefficient is employed, the computations shall beattached to project plans.

2. Sewer design, velocities, capacity, and friction losses shall be based on Manning’sformula, generally with n = 0.013 for concrete pipe and 0.021 for corrugated metalpipe.

1/22/3srn

1.486AQ =

3. The following are permissible slopes for each pipe size (n = 0.013). Maximumvelocities for outlet pipes shall be non-erosive.

Minimum Desirable Range % of Grade Maximum

Pipe Size % of Grade 2.5 ft/sec

4 ft/sec 8 ft/sec % of Grade 10 ft/sec

10” 0.40 1.00 3.98 6.22

12” 0.32 0.78 3.12 4.88

15” 0.24 0.58 2.32 3.62

18” 0.20 0.46 1.82 2.84

21” 0.16 0.38 1.48 2.30

24” 0.14 0.30 1.24 1.94

27” 0.12 0.26 1.06 1.66

30” 0.10 0.22 0.92 1.44

36” 0.08 0.18 0.72 1.12

42” 0.06 0.14 0.58 0.92

48” 0.06 0.12 0.50 0.76

54” 0.04 0.10 0.38 0.60

60” 0.04 0.10 0.34 0.54

66” 0.04 0.08 0.32 0.48


4. A complete set of storm sewer design computations shall accompany every set offinal plans submitted for review.

5. Hydraulic gradients shall be shown as a part of all storm sewer profiles. In no caseshall the elevation of hydraulic gradient exceed the elevation of a point lying one (1)foot below the rim elevation of a manhole, catch basin, or inlet. For storm sewers,the future extension of which is anticipated surcharging out of the pipe will not bepermitted.

6. The storm sewer pipe shall have a minimum diameter of 12 inches whenconstructed in a public right-of-way or easement.

7. The storm sewer plan and profile drawing shall show the following data:

a. Identification and numbering of manholes, catch basins, and inlets.

b. Invert and casting elevations for all structures.

c. Pipe length (c - c of structures).

d. Pipe diameter.

e. Pipe slope.

f. Pipe class.

g. Pipe joints (modified rubber groove joint).

h. Porous backfill and special bedding where required.

8. Generally, manholes shall be placed not more than 400 feet apart for sewers lessthan 30 inches diameter, and 600 feet apart for larger sewers.

9. The minimum inside diameter of all manholes, catch basins, and inlet structuresshall be 48 inches, with the following exception:

Inlet structures from which water will be discharged directly into a catch basin may be 24 inches inside diameter. The depth of such inlets shall be no greater than 5.0 and no less than 3.5 feet from top of frame and cover to invert.

10. Manholes and inlet structures may be constructed of brick, manhole block, pre-castconcrete (ASTM C478), or cast-in-place concrete.

11. All manhole block or brick structures shall be plastered on the outside with 1 to 2.5mix of Portland cement mortar, 1/2 inch thick. No lime shall be added.

12. Inlet structures in the public street right-of-way shall be spaced a maximum of 400feet apart of a maximum of 400 feet each way from high points. The spacing and/ornumber of inlet structures required to accommodate the design flows in streets andin private drives and parking areas shall be based on a maximum of 1 cfs per 90square inches of opening in an inlet or catch basin cover.


13. Inlet Capacity

Designation* Curb Capacity (cfs) Ditch Sump Condition

C 1.2

D-4 0.9

E 1.0 3.4

G 0.5 2.1

K 2.0

H 2.5

* MDOT

MDOT cover K is the accepted standard in public streets. Other covers, having equivalent cross-sectional area of opening, are acceptable at other locations.

14. Generally, drops of over 2.0 feet at manholes, from invert of higher pipes to lowerpipe, shall be avoided.

15. Unless otherwise permitted by the Livingston County Road Commission, all stormsewer pipe within the public road right-of-way shall be of reinforced concrete andconform to the specifications for reinforced concrete sewer pipe ASTM C-76. Allpiped components of drainage systems in new developments proposed to be publicshall be of reinforced concrete conforming to ASTM C-76.

16. Concrete pipe joints shall have rubber gaskets conforming with ASTM 443. Joints inconcrete pipe having a diameter of 30 inches and larger shall be pointed up oninside with mortar after backfilling has been completed.

17. Where drainage is outletted to County drains or natural water courses, such outletsshall be so designed as to enter the drain or water course at an angle of 90 degreesor less, as determined by the upstream centerline. Headwall, pre-formed endsections, grouted rip-rap, or specially designed outlet structures will be required.

18. All catch basins and inlets shall be as specified by the Michigan Department ofTransportation Detail I-5C.

All manholes for pipes 42 inches in diameter and under shall be specified by theMichigan Department of Transportation Detail I-1C.

Special details will be required for manholes placed on pipe 48 inches in diameterand larger.

Outlet velocities and elevation: Outlets located such that they are in a non-erosiveposition, generally with an elevation no more than two feet above the toe of slope.

B. OPEN CHANNELS

1. The required discharge capacity shall be determined by Rational Method (seeSTORM SEWERS).


C. CULVERTS

1. The required discharge capacity of all culverts except drive culverts shall bedetermined by Rational Formula (see STORM SEWERS).

2. All culverts other than driveway culverts shall be designed in accordance withprocedures specified in the Hydraulic Engineering Circular No. 5 (Hydraulic Chartsfor the Section of Highway Culverts) U.S. Department of Commerce, Bureau ofPublic Roads. Computations for all culverts thus designed shall accompany thefinal plans and shall include both designs for inlet and outlet controlled flows.

3. All culverts other than drive culverts shall be equipped with headwalls and/or pre-formed end sections.

4. The following is data which shall be provided in the final plans for all culverts otherthan driveway culverts:

a. Length

b. Diameter

c. Invert Elevations

d. Type

e. Protection

5. Minimum size of a drive culvert shall be 12 inches.

6. Minimum size of a cross road culvert shall be 15 inches or equivalent pipe arch.

7. The pipe used in culverts may be reinforced concrete culvert pipe or corrugatedmetal pipe and pipe arch. The pipe furnished shall conform to the CurrentSpecifications for Reinforced Concrete, Storm Drain and Sewer Pipe, ASTMDesignation: C-76 or to the Current Specifications for Corrugated Metal Culvert PipeAASHITO Designation: M-36.


AVERAGE VALUES OF THE MANNING ROUGHNESS FACTOR

FOR VARIOUS BOUNDARY MATERIALS

Boundary Material Manning n

HDPE pipe 0.011 Finished concrete 0.012 Planed wood 0.012 Concrete pipe 0.013 Unplaned wood 0.013 Unfinished concrete 0.014 Cast Iron 0.015 Brick 0.016 Riveted steel 0.018 Corrugated metal 0.022 Rubble 0.025 Earth 0.025 Gravel 0.029 Earth, with stones and weeds 0.035

Reference: Fluids Mechanics, 5th Edition, by V. L. Streeter,

McGraw Hill 1971, N.Y., N.Y., page 279


VALUES OF RELATIVE IMPERVIOUSNESS

Type of Surface C Factor

Water Surfaces 1.00 Roofs .80 to 1.00 Asphalt or concrete pavements .90 to 1.00 Gravel, brick, or macadam surfaces .60 to .80 Impervious soils .60 to .80 Impervious soils with turf .40 to .60 Slightly pervious soils .30 to .50 Slightly pervious soils with turf .20 to .40 Moderately pervious soils .20 to .30 Moderately pervious soils with turf .15 to .25 Completely undeveloped pervious soils .10 to .20 Playgrounds .20 to .35 Unimproved

These values are for slopes from 1 % to 4 %; steeper slopes will be higher.


Appendix K: Soil Erosion and Sedimentation Control

Plan Check List


SOIL EROSION AND SEDIMENTATION CONTROL PLAN CHECK LIST

Items listed below must be clearly depicted on plans for review

Cover Page

• Seal of A State of Michigan Registered Professional Engineer.

• North arrow

• Location Map

• Sheet index

• Legend

• Legal Description of entire project.

• Timing Sequence.

• Project Name

• Owners Name

• Job Number

• Amount of area to be disturbed.

• Drainage tributary map

• A note clearly stating that the Detention / Retention / Sedimentation Ponds shallbe excavated, top soiled, seeded, mulched and tacked prior to the start of themassive earth disruption.

Soil Survey

• Soil Borings data indicating surfacial soil types or information provided from theLivingston County Soil Survey.

Overall Site & Grading Plan

• Distance to any and all wetlands, lakes, county drains etc.

• Predominant land features, (critical areas, swale’s, wetlands, lakes, steams,county drains, steep slopes, buildings, roads, property lines etc.).

• Slope Contours on and off site.

• Silt Fence or Straw Bale location, clearly indicated on plans.

• Limits of grading for entire project.

• A Maintenance schedule is needed for all soil erosion controls, both temporaryand permanent. (A maintenance schedule should be designed to reflect thepreventative maintenance practices during the course of the project by themanagers).


Storm Sewer Calculations

• Storm sewer drainage calculations must be on the plans or accompanied as anattachment.

Top Soil & Soil Storage Areas

• Location of Top soil or soil storage areas. Top soil or soil storage areas shallbe seeded and mulched, or matted with straw, immediately after the strippingprocess is completed, to prevent wind and water erosion. Top soil storage areasshould be shown on plans depicting all Soil Erosion Controls.

Slopes and Ditches

• On site ditches shall be of the flat bottom type minimum width of 2' with aminimum of 3' horizontal to 1' vertical side slopes, 3:1.

• Side slopes in excess of 3' horizontal to 1' vertical shall not be used except witha mechanical device such as a retaining wall, terracing.

• Ditches with steep grades will need “stone flow checks” to prevent scouring ofthe ditch bottoms. They may be used as a temporary measure and removed oncesufficient stabilization has been established. These shall be depicted on plans bythe engineer. Indicate flow checks on all slopes 3.00% and greater.

Detention / Retention, Sedimentation Ponds

• New land developments within Livingston County shall be equipped withdetention / retention facilities for storm water in accordance with the DrainagePolicies of the Livingston County Drain Commissioner.

• Inlets into detention ponds must not discharge at the same location as theoutlet structure.

• Detention Pond Stand Pipe Outlet Detail must be the Livingston County DrainCommissioners standard Detention Pond outlet, e.g. orifice outlets withoutsedimentation control devices are prohibited.

• Stand pipe structure must have a 2 ft. Sump.

• Detention Pond stand pipe structure shall show staggering of outlet holes atdifferent elevations. This will minimize plugging and provide for more effectivefiltering .

• A note should be placed on the plans stating that prior to the completion of theproject, the stone around the stand pipe structure shall be refreshed with cleanstone.


• Detail of Detention/Retention pond depicting slope % , Spillway and ultimateoutlets from project are needed.

• Detention/Retention, Sedimentation Ponds shall be excavated, top soiled,seeded, mulched and tacked prior to the start of massive earth disruption. (Thismust be called out and depicted on the plans).

• Inlets into Detention/Retention Ponds must be located within two feet of thebottom floor of the pond.

Detention Pond Spillway

• The plan should identify the spillway location.

• Rip-rap proposed in the construction of the emergency spillway must be placedover keyed-in geo-fabric blanket.

Drainage Easements

• All on site and off site drainage easements shall be clearly shown on plans.

Silt Fence

• All commercial projects constructed in Livingston County shall install 36" siltfence.

Inlet Protection

• Sedimentation protection for catch-basin inlets. Silt sacks are the preferredchoice in the winter months, because they are less likely to be disturbed by theprocess of snow plowing.

• Open-Pipe, inlet protection must be provided with straw bales, stone or geo -fabric.

Outlet Protection

• For each outlet location, provide the pipe size, slope, and design discharge todetermine the proper amount and size of rip/rap.

• All storm drains 15" in diameter or larger shall have animal guards installed toprevent entrance to the system.

• All rip-rap must be placed over keyed in geo-fabric and detailed as such onplans.

• Storm drain outlets that do not empty into the retention/detention pond shallhave a temporary 5' x 1O’ x 3' sump installed at the termination of the storm sewer.Upon completion of the stabilization work the sump area shall be filled and riprapped with cobble stone over keyed in filter fabric. Silt traps shall be inspectedafter each storm.


• Splash blocks may be required depending on outlet flow rate or velocity.

Tracking onto public roadway

• It is required that each development have an ingress/egress of crushed stone to restrict tracking of material onto the Public Roadway. All commercial construction sites require a minimum 75-foot tracking mat shown at ingress/egress. Each development may have different circumstances.

Stabilization Standards

• For subdivision and site condominium developments: As of May 01, 2000, it is required that temporary stabilization of the entire site be completed and approval from the Livingston County Drain Commissioner’s Office obtained prior to the issuance of single family dwelling permits.

• For commercial or industrial sites, common areas shall be called out on plans,

in accordance with Part 17, prescribed by R 323.1709 and R 323.1710, pursuant to PART 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act (Previously known as P.A. 347 of 1972) of Act 347, Public Acts of 1972, as amended) indicating areas to be stabilized after 15 days of grade work. Areas to be outlined are as follows: detention/retention, drainage easements, utility easements, boulevards, etc.

Seeding, Fertilizer and Mulch Bare Ground Ratio

• This information shall be detailed on the construction plans.

• Top-Soil 3" in depth

• Grass Seed 217.84lbs per acre

• Fertilizer 150lbs per acre

• Straw Mulch 3" in depth (All mulching must have a tie down (asphalt

tackifier, net binding, etc.)

• Hydroseeding is not acceptable for slopes exceeding 1%, in such cases stabilization shall be done with seed and straw mulch with a tackifier.

Details

• Detention pond stand pipe outlet detail.

• Detail of detention/retention pond depicting slope %. Spillway and ultimate outlets from project are needed.

• Details for rip-rap, geo-fabric

• Details for silt fence (36"), straw bales, diversion berms.

• Details for storm structure protection.

• Detail of emergency spillway


• Detail of animal guard

• Detail of stabilization blankets, mulch, fertilizer and seeding. (Type, size and installation procedure).

• Detail of tracking mat.


Appendix L: Storm Drain Backfill Detail

livingston county...555 hulet drive, p.o. box 824 bloomfield hills, michigan 48302-0360 . rules of...

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