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Commissioner Short opened the
hearing and turned it over to Fulton County Chief Deputy
Engineer, Rod Creager.
Mr. Creager explained the process
as prescribed under ORC Chapter 6131. He presented a PowerPoint
presentation which included a map and pictures of the area of
the proposed improvement and presented his preliminary report:
PROJECT INITIATION
This drainage improvement was initiated through a single county
drainage petition filed by Mr. Lawrence Storeholder and others
on March 16, 2009. The petition calls for the cleaning and brush
cleaning of an open ditch known as Branch 3 of Fewless Creek
located in Swancreek Township, Fulton County, Ohio.
The proposed Branch 3 improvement is petitioned to begin
approximately 245 feet east and 1520 feet south of the
north quarter corner of Section 27, T-9-S, R-8-E, on the
Storeholder farm. From there, the improvement is to proceed
downstream in a northerly direction to a point near the north
quarter corner of Section 27 on the south right-of-way of
Swancreek Township Road E. From there the improvement is
petitioned to continue on and along the south right-of-way of
Township Road E to a 39-inch culvert through Road E. The route
of the petition then crosses Road E from south to north and
continues in a northerly direction, following the course of the
existing channel for approximately 2100 feet, terminating at
Fewless Creek in Section 22, T-7-N, R-8-E on the Shinaberry
property.
A viewing of the project was conducted by the Board of County
Commissioners, Fulton County, on April 13, 2009.
Improvements of record in this watershed date back to 1909.
Branch 3 was last cleaned through a single county drainage
petition filed in 1946. The work petitioned for in 1946 was
completed in 1950 and drain has been maintained privately since
that time.
There were fifteen (15) parcels and about 330 acres of land
involved in the 1946 petition. Due to rural residential
development, there are now forty-eight (48) parcels on those
same acres under consideration in these proceedings.
PROJECT OBJECTIVES
The primary objective of this project is to improve Branch 3 of
Fewless Creek in order to provide an outlet for modern drainage
and to establish a permanent ditch maintenance program for the
improved channel.
PROBLEMS OBSERVED
The problems observed on
the day of the viewing were consistent with those expected on a
ditch in need of improvement. There was light brush on the lower
ditch banks through Storeholder with moderate brush along the
channel banks on the Township Road E right-of-way. Heavy brush,
down trees and debris were observed across properties to the
north of Road E. There was also evidence of at least a foot or
more of sediment in the channel bottom.
During a complete inspection of the channel from their upper
terminus to the main conducted by the county engineer’s office
other defects were observed. Two 8-inch tiles at the upper end
of the proposed petition were observed to be under water. There
appeared to be sufficient flow in both tiles to keep the
sediment eroded away from in front of both outlets but they were
under water which means that water is also held back it upstream
drain tiles. Many other tile outlets observed entering the ditch
were near the ditch water surface. A drive culvert on
Storeholder appeared to be about three-quarters full of water
and sediment. Mr. Storeholder maintains filter strips along both
ditch banks but some bank damage was observed due to groundhog
activity.
The portion of Branch 3 along Township Road E was set back from
the edge of the Road E pavement by Swancreek Township in 1978. A
portion of the ditch was closed past some of Storeholder’s farm
buildings at the time the ditch was relocated. The county
culvert through Road E was in place prior to the relocation and
was not altered at the time.
Downstream from Road E across the Ort property there is brush,
down trees and accumulated debris. There are some large brush
piles along the top of the bank on the east side of the channel
that interfere with access to the ditch. Most of the lateral
field tiles on Ort appear to have good freeboard but a large
bank washout caused by a tile was discovered about 250 feet
north of the road on the east bank.
Further downstream on the Wylie property the ditch enters a
wooded area. It was reported that in the past private channel
cleaning efforts were completed from the east bank through what
is now the Wylie property. Today there is a high fence ten to
fifteen feet from the top of the east bank. The fence also
crosses the ditch twice restricting access for construction or
maintenance. The fence crossings were installed without flood
gates so debris accumulates at both locations. The downstream
fence crossing has created a three foot blockage at the entrance
of the eight foot tank used as a culvert at Wylie’s west
property line.
Downstream from Wylie on the Shinaberry property the ditch has
more fall thus increasing flow velocity so sedimentation doesn’t
seem to be a problem. Two drain tiles observed had adequate
freeboard. Both tiles, however, are threatened by bank erosion
caused by the increased velocity of the flow through the reach.
Brush lines both banks on Shinaberry and there was evidence of
erosion from Fewless Creek flood waters washing over the bank of
Branch 3 from the Fewless Creek floodplain just upstream from
where the branch enters Fewless Creek.
There did not appear to be any significant erosion on the branch
or the main where Branch 3 enters Fewless Creek.
WORK
PROPOSED
The work plan proposed
will reflect the work requested in the petition. Brush will be
removed from both banks along the line of the improvement. The
banks along Storeholder and the Township will be completely
brush cleaned. Brush will also be removed from both banks
through the Ort property. There are several large straight trees
standing on or near the top of the bank that could be trimmed
and left standing through Ort with the understanding that any
future maintenance resulting from tree and debris removal will
be specially assessed to the landowner. A permanent access
easement will need to be cleared through the Wylie property.
Brush through the Shinaberry property will be removed where
required to stabilize banks.
Sediment will be excavated from the channel bottom and culverts
and spoils will be leveled in adjacent fields. Through Wylie’s
woods spoil will be left in a graded pile and seeded. Spoil will
be hauled from lawn areas and spread in upstream fields. Lawns,
filter strips and roadsides will be restored.
Erosion control measures will be incorporated in the work plan.
Banks and berms will be seeded. Rock channel protection will be
placed where required. Fifteen foot filter strips will be
established where none exist.
Traffic control and incidental items associated with the
cleaning of these open ditches, such as installing new flood
gates, will also included in the work plan.
A temporary construction easement will be established along the
line of the improvement.
CONSTRUCTION ESTIMATE
The preliminary construction estimate is based on information
that was obtained through aerial photos and field observations.
The estimated cost to clean Branch 3 of Fewless Creek is
$29,431.98. This estimate includes engineering and
administrative costs.
The
final detailed construction estimate, based upon a complete
engineering survey will be used to determine the estimated
assessments for each parcel. Assessments will be considered at
the final hearing on this proposed improvement. Upon completion
of the project work plan, actual assessments will be prorated to
reflect the final cost of the work completed.
PROJECT BENFITS AND ESTIMATED
ASSESSMENTS
Assessments for the proposed improvement will be based on the
benefits received from improved drainage. The type and quantity
of drainage runoff contributed by each parcel will be a
consideration. The location of a parcel relative to the location
of the work will also be considered.
It is expected that the benefits derived from the proposed
improvements over their estimated 20-year useful life will be
greater $105,000.00 and will exceed the estimated project costs
by a ratio of about 3.5:1. House lots and the rights-of-way will
be assessed at higher rates than agricultural land. Woods and
pasture land will be assessed at a lower rate than tillable
land.
Rural residential properties will benefit from improved drainage
by increasing or maintaining their property values. According to
local real estate sources, as a general rule, properties
suffering from standing water throughout their entire yards are
often judged to be devalued as much as 20% to 30%. Properties
with some standing water could be devalued as much as 10% to
20%. Areas that suffer even the stigma of standing water could
hedevaluedby5%to 10%. Without
not function property leading. Standing water can also
contribute to mosquito control problems and other health issues.
Estimated assessments could range from $180.00 to $90.00 per
acre for house lots and from $90.00 to $45.00 per acre for farm
land depending on location. Forest land assessments could range
from $60.00 to $30.00 per acre and public rights-of-way could be
assessed between $250.00 and $125.00 per acre, again depending
upon location.
MAINTENANCE
The Ohio Revised Code requires that all drainage improvement
projects be placed on a permanent maintenance program.
Maintenance activity is limited to the maintenance of the items
originally constructed. Maintenance is paid for by periodic
ditch maintenance assessments to the parcels in the watershed.
The amount of the maintenance assessment is in proportion to the
original ditch assessment for each parcel. The revised code
provides for the right of access to drainage lines and open
ditches to perform maintenance activities. The permanent
maintenance access easement for the improvement will be
twenty-five (25) feet in width measured from the top of
the channel banks.
APPARENT
FAVORABLE FACTORS
1. Crop yields will be
improved.
2. Property values will be improved or protected.
3. Erosion control measures at the open ditch will reduce
erosion and protect the open channel from deterioration.
4. The outlet will be placed on permanent maintenance that will
insure that the drain can be kept clean and free flowing and
will protect the investment in this proposed improvement.
APPARENT
UNFAVORABLE FACTORS
1. Temporary lawn and
landscaping damage can be expected during construction.
2. Temporary crop production will be lost along the proposed
construction easement during the course construction activities.
3. Periodic production loss and inconvenience may result from
future maintenance activity.
PROJECT FEASIBILITY
This project work plan
is feasible and can be economically completed through the
drainage improvement petition process.
Mr. Creager answered questions from
the landowners regarding the nature and extent of the work and
the route, course and termini of the proposed improvement. He
further answered questions related to assessments. A question
was raised as to why engineering costs have to be paid on these
projects when the engineers are county employees. Mr. Creager
explained that his salary is paid by the gas tax and motor
vehicle funds. The ORC states that those funds can only be used
for highway projects. So the GTMV fund must be reimbursed for
the time he spends on ditch improvement projects.
At 10:52 Commissioner Short swore
everyone in and opened the hearing for testimony from the
landowners for or against the project.
Lloyd Kelley – is in agreement that
this ditch needs cleaned. He stated that about ¾ acre south of
him, the Demond property, has a low spot. It does take surface
water but there are pockets that do hold water.
Lawrence Storeholder – stated that
he has been paying to clean this up himself since 1950 and at
this point there are too many landowners to get involved with
and he no longer has access to many areas. He would like for
the county to come in and take care of it so he does not have to
go through this every 5 years or so when it is time to dip out
the ditch.
Commissioner Short closed the
hearing at 10:57 a.m.
After deliberations, Commissioner
Genter made a motion to move forward and find for the
improvement, order surveys and come up with a more accurate cost
estimate. Commissioner Short seconded the motion. A date of
November 30, 2009 at 10:00 a.m. was set for the Engineer to file
his plans. Motion carried unanimously.
Commissioner Genter stated that he
would like to call a meeting with Swancreek Township and the
residents at the Township Hall to explain ditch projects. He
would like to bring a Soil and Water representatives to explain
program options and what they can do to assist with
reimbursements, structures and filter strips. The date will be
advertised. |
