July 29, 2010

Re: Little Pine Island Lake levels

Dear Sir:

I have read with interest your website and your e-mail correspondence with Mr. Sporte from my office. Please allow me to provide you with some background about the Little Pine Island Lake level.

Over the past 3 years, we have received a number of complaints about high water on your lake, usually in the Spring. In April of 2009, we responded to such a complaint and found the water level to be 0.82' (about 10") above the legal level. There were homes at risk if the water rose much higher. This high water level was partly due to heavy precipitation and partly due to sediment and weeds in the outlet channel. At the end of the summer, we excavated the channel but did not change the level of the weir at Hass St. (To my knowledge we have no record of that structure ever being changed over the last 10 years.) As a result, the water level both at the weir and at the lake are at the legal court mandated limit, which is 748.00 feet above sea level, using the USGS datum. I confirmed that measurement by instrument this week. The lake level may be lower that it has been over the last few years (because of the sediment removal) but it is presently at the correct level.

While the court establishes the level by decree, the actual maintenance of that level is not an exact science. We manage 18 other lake levels in Kent County, and they all fluctuate somewhat, above and below the mandated level, depending on environmental factors.

As I said previously, in the Spring, due to heavy precipitation and snowmelt, the lake level may rise 0.5’-0.7' due to the fact that the runoff from hundreds of acres of must pass through a 4' wide channel, both above and below the weir. If conditions become dangerous, some dams, including this one, can be temporarily lowered to allow a faster outflow. However, we are also limited by the size of the downstream structures and we must always be mindful not to flood downstream properties by increasing the outflow. As you might imagine, in the Springtime our staff receives dozens calls from lake property owners around the County, all concerned with high lake levels.

In the Summer, the opposite occurs. Lower amounts of precipitation and higher evaporation rates may cause lake levels drop below the court mandated level. During those times we are at the mercy of Mother Nature. Two lakes in the County provide augmentation by pumping from deep auxiliary wells, but that is an expensive remedy costing hundreds of thousands of dollars and is beyond the capacity of a small lake to financially undertake.　

While as a practical matter the lake levels may fluctuate above and below the established court level, we cannot change that mandated level, not even by an inch, without going back to the Circuit Court and pleading for a change. To do otherwise would be in violation of the law. To petition the court will require several thousands of dollars for legal and engineering work to present evidence to convince a judge that the change is necessary. This expense must be borne by the 66 Little Pine Island Lake property owners, along with the cost to modify the outlet structure. To expend that amount of money for a few more inches of water level will be difficult to justify on a cost/benefit basis. On the other hand, if we raise the level by more than a few inches, we reduce the margin of safety needed to keep Springtime runoff from flooding the lowest homes around the lake.

I am writing this to make you aware of all the facts before you undertake this project. Also, would you please provide me with your name and address so I know with whom I am corresponding? Please feel free to contact me by e-mail or by phone if you have any questions or wish to discuss this further.

Sincerely yours,

William R. Byl
Kent County Drain Commissioner

August 4, 2010

Mr. Randy DuBois
7218 Ketchel Dr.
Comstock Park, MI 49321

Dear Mr. Dubois,

This letter is in response to several e-mails and phone calls to our office over the last two weeks regarding the water level of Little Pine Island Lake.

First of all, let me address your assertion in your July 29 e-mail to Doug Sporte: “PA 451 of 1994 only applies to establishment of a New Lake level.” PA 451 is the only statute that addresses the establishment, maintenance and revision of legal lake levels in Michigan. Any change in a “Normal Lake Level” however minor, must comply with the same provisions as the establishment of a new lake level.

Secondly, your interest in the outlet structure is premature. There are several steps that must be taken to comply with PA 451 before any redesign will be considered. Let me outline the required steps for you:

1. You must collect signatures from 2/3 of the riparian property owners surrounding Little Pine Island Lake, using the forms provided you by my office.

2. You must present the signatures to the Kent County Board of Commissioners and ask that a change in the lake level be considered.

3. The County Board will most likely refer the request to my office for review and recommendation since I act as the delegated authority on behalf of the County for purposes of PA 451. The County Board will also require financial assurance to cover the costs of proceeding with the petition.

 

4. Upon referral and receipt of financial assurance, my office will commission a study by a qualified design firm as required under Sec. 30703. Some of the components will be unchanged from the 1964 study, but at the very least, I will require:

a. An evaluation of all low-lying properties including elevations of buildings, seawalls, docks and other improvements adjoining the lake.

b. A hydrologic study of the lake and its watershed including water elevations resulting from 25, 50 and 100 year rain events.

c. The capacity of improvements downstream of the watershed to accommodate outflow from the lake.

5. Upon receipt of the study, my office will report the results of the study to the County Board, along with my recommendation(s). At its discretion, the Board may then pass a resolution to have the County civil counsel file the necessary petition with the Circuit Court.

6. The Circuit Court will set a date for the hearing, and require notices to be published and mailed. Prior to the hearing, the Court may also request additional information beyond the preliminary study that will be necessary to make a determination regarding the level of the lake. Sec. 30707(3).

7. At the hearing, I will present the findings of fact and recommendations resulting from the study. All riparian owners and other interested parties will be allowed to testify.

8. Upon completion of the hearing the Circuit Court will determine whether a new level should be set, or whether the current level will remain in place.

9. Jurisdiction then returns to the County, which will delegate to my office the responsibility for implementing the Circuit Court order. At that point, I will decide what design will be necessary to maintain the court-ordered lake level.

The financial assurance mentioned in paragraphs 3 and 4 must be in the form of a cash deposit or assurance from the Little Pine Island Lake Association that its membership will be responsible for payment of expenses. The cost of the study and other expenses could easily run to $3,500-$5000, or $50-$75 per riparian owner, which will take you through steps 1-6. However, there is no assurance that the court will grant the petitioner’s request to revise the lake level.

If you are going to collect signatures on a petition, the signers should be made aware of the cost and risk implicit in signing the petition.

The outlet channel passes over private property through easements to the County of Kent. The outlet structure is located within the R/W of Haas Drive and is also under the control of my office. If and when the time is appropriate my office will address any modifications to the structure.

I trust that this is sufficient for your needs.

Sincerely,
William R. Byl
Kent County Drain Commissioner