THE OUTLET’S DEMISE
2007 WEATHER CONDITIONS
Lake Michigan directly impacts the overall groundwater supply for SW Michigan. During the beginning days of the Construction Boom of 2000, and as the Great Lake dropped to well-below averages, groundwater also began to reach new record lows. Al Sabo groundwater, a land preserve measured since 1974, achieved its new record low on July 30, 2003. Eagle Lake followed suit and reached its new record low on February 20, 2004. By January 2013, Lake Michigan hit a new record low from its long-standing 1965 record.
Wetlands throughout Kalamazoo became dry lands. Many of these lands became viewed as potential buildable site locations to meet the construction demand. Texas Township was no exception. Vegetation grew thick and brushy on both unused grounds and wetlands.
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FIRST LAND SURVEY & DEQ APPLICATION
Land surveying of Bentwooed Shores commenced during the winter months on January 17, 2007. The January 2007 survey shows only one proposed roundabout. However, the single roundabout will change to two later as the Texas Township Board reconfigures the road. Snowpack was about 3 to 5 inches at the time of the survey date.
The application required DEQ review as the applicant requested to fill in a small portion of wetland at the entry of the subdivision to allow access into the plat and filed a couple of days post-completion of the survey. The total acreage for the DEQ review for the access point was .17 acres at a fill depth of 3.66 feet. The small portion of fill dirt requested placement directly next to 8th Street for plat entry.
Survey makings indicate wetlands within the survey. The wetlands, represented by diagonally drawn lines located to the east, south, north, and lakeside west of the proposed Bentwood Shore development, are indicated by red arrows. The mouth of the historical outlet faced the northwest.
Measuring 500 feet from the west edge using Google Earth of the current day roundabout appears to place this measurement well into Crooked Lake. None of the easily accessible historical documents, literature, satellite imagery, or maps were in the DEQ file. DEQ approval became “official” on 7 May 2007. Excluding weekends this approval period took about 78 days from the original application filing on January 19, 2007.
Two pictures by the entrance of 8th Street are within the DEQ files. No photos of the “cut” or “Sluiceway” had in the images taken. With access point review well underway, it was time to propose the plat to the Texas Township Board Members.
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JAN Land Survey (2/16/2007 File)
TENTATIVE PRELIMINARY SITE CONDOMINIUM
A subdivision review usually consists of sewer management, utility, stormwater management, public roads, a permit review, and the examination of township building ordinances. Many of these standard construction review components began on March 27, 2007.
Jamie Dyer, an engineer affiliated with Whiteman Ward, presented on behalf of the builder. Shortly into the discussion, a question that pertained to Lot 10. Township minutes read engineer Dyer's answer to the question.
Minutes read,
“Mr. Dyer responded that there was a manmade channel on Unit 10 from when the property was logged in the 1920s. It will have to be filled, and does not believe it needs to be reconfigured."
Historical references do not support the statement by Mr. Dyer that pertained to the lumbering of the channel during the 1920s. Recall turn-of-century public works engineer Andrew Lenderink, who gave his deposition in 1953 of his reflection from his investigation of conditions standing on the "cut" or "sluiceway" in 1922, who inspected the channel in 1922, gave testimony the canal was of "non-use." Unknown is where Whiteman Ward found the “channel” as having been lumbered in the 1920s.
Areas to place focus from March 27, 2007, include:
The township board visually saw the drawn channel during this meeting and made no motion for a pause of study.
The township board gave preliminary approval during the March 2007 meeting with several conditions. They requested reconfiguring an additional roundabout with the Fire Chief's support.
The proposed road of this size was longer than the township ordinance allowed for a dead-end street. To accompany the bent wood hires road would require the township to change its ordinance policy (1,350 feet) to support the proposed 2,000 feet length road.
Easements for the sewer main from the south were to be acquired. This sewer line would need to be brought from the south, then routed through the center of the historical outlet.
If any of these listed conditions occurred, it would cause the need to seal the historical outlet. Within a few months, all had been approved and implemented.
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BENTWOOD SHORES - TENNATIVE SITE APPROVAL
Current Texas Township engineer Tom Wheat, Prein & Newhof, opened the discussion with his review of the Preliminary Site Condominium Plan for Bentwood Shores. Engineer Wheat explained that the best way to serve the development is to extend the sanitary sewer line from the Inverness Plat. This plat, located south of the proposed Bentwood Shores Development, would require easements for a sewer line to complement the proposed development. The minutes reflect a recommendation by Engineer Wheat.
Minutes read,
“If the owners are unwilling to grant an easement, the Township should consider condemnation procedures.”
The threat of condemnation of homes to add a sewer line placed the project on a forward path and not a route to pause to perform a lake study of the potential impacts of removing the historical outlet. A motion to grant Engineer Wheat to pursue these necessary easements was approved.
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BENTWOOD SHORES - PUBLIC UTILITY EASMENT BENTWOOD SHORES
During the May 14, 2007, meeting of the Texas Township Board, engineer Wheat provided updates on the two easements required for the sewer line for Bentwood Shores Development. He stated one individual has agreed to an easement, and the other has agreed to the feasibility of an agreement.
Minutes read,
“Wheat felt the matter would be resolved.”
The following week, the DEQ (EGLE) granted a permit approval for the small access point to the proposed Bentwood Shores Development on May 14, 2007, as requested by the applicant.
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BENTWOOD SHORES - ROAD CONFIGURATION
Still of need was to determine the Fire Chief of Texas Township's request for an additional roundabout to allow for the ability for fire trucks to be able to turnabout. Recall from the first meeting minutes from March 27, 2007, that board members granted preliminary approval with conditions that the road required turnabouts requested by the Fire Chief.
Clerk Kerr disclosed that the township ordinance for a dead-end street was at most 1,350 feet. Engineer Wheat estimated the proposed road to be 2,000 feet long. Township Attorney Thompson provided further insight into the township ordinance and advised the issue "must be addressed by the board."
The board voted this night to amend the standard ordinance and allow for the road extension, surpass township ordinance standards of 1,350 feet, and extend the road to 2,000 feet. This grant by township board members was the last means to prevent the permeant extinction of the 140 (plus) years old historical outlet.
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“AS-BUILT” SURVEY
A Note in the survey reads,
“The man-made gully has been significantly filled since the topographic survey, and fill continues to be imported. Clean granular material is being installed in lifts and compacted. PSI is performing density tests as the material is installed.”
Its apparent land changes were already underway during the review of land for the July 30, 2007, dated survey. Compaction of sand and other natural elements occurred at the time of the study, as indicated by the note within the survey. Compression was needed to support the roundabout that sat center of the historical outlet. The topography under the roundabout on the July 30, 2007 survey differed from the one produced six months earlier on January 17, 2007. The historical outlet was in the burial process and permanent sealing, with heavy road equipment compacting the sands.
The new "July 2007-As-Built" survey was not in the 2007 DEQ project file and indicates the DEQ was unlikely aware the road change approved by the township extending the road on June 11, 2007.
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BENTWOOD SHORES - PRELIMINARY FINAL SITE CONDO APPROVAL
By recommendation from Texas Township Engineer Wheat, Bentwood Shores, by vote from the Texas Township Board, was conditionally approved upon review and approval of the rain garden design and permitting of the public sanitary sewer, including submission of all applicable easements. This approval prompted permitting for stormwater management, and within three days was approved.
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CONSTRUCTION BEGINS
Road machinery sliced through the hills and compacted the soils for road placement. The 146-year-old historical outlet was in the process of demise.
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