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Social Equity in Ypsilanti Recreational Marihuana Ordinance Peninsular Dam Removal Public Engagement August 18, 2021

August 18, 2021 Recreational Marihuana Ordinance

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Page 1: August 18, 2021 Recreational Marihuana Ordinance

Social Equity in Ypsilanti

Recreational Marihuana

Ordinance

Peninsular Dam Removal Public EngagementAugust 18, 2021

Page 2: August 18, 2021 Recreational Marihuana Ordinance

Meeting Outline

Schedule and focus of upcoming meetings

Brief history of the public engagement regarding Pen Dam

Rationale for dam removal

Presentation by HRWC on technical studies underway

Focused discussion: Facilitated by Sommer Woods of Woods&Watts

Page 3: August 18, 2021 Recreational Marihuana Ordinance

Upcoming Public Engagement Events

• Landowner Focus Group: August 18, 2021, 7:00-10:00 pm

• Recreationist Focus Group: August 25, 2021, 7:00-10:00 pm

• General Public Focus Group: September 8, 2021, 7:00-10:00 pm

• Summary Report Published: September 29

• Town Hall: October 6, 2021, 7:00-10:00 pm

• Pen Dam landing page: https://cityofypsilanti.com/804/Peninsular-Dam

Page 4: August 18, 2021 Recreational Marihuana Ordinance

Previous Public Meetings on Pen Dam

● Peninsular Paper Dam, Huron River Watershed Council, Laura Rubin, 18 April

2017

● Princeton Hydro Feasibility Study Report, Princeton Hydro, 4 December 2018

● City of Ann Arbor Hydroelectric Operations, Brian Steglitz, 5 February 2019

● Peninsular Dam Townhall Meeting, OHM Advisor/City of Ypsilanti, 20

February 2019

● Dam Public Survey Results, City Staff, 19 March 2019

● Fisheries and Habitat Perspectives for the Peninsular Dam, Sara Thomas

(DNR), 16 April 2019

● Peninsular Dam Emergency Action Plan, Fire Chief Hobbs and Mark Saranen,

16 April 2019

● Peninsular Dam and PFAS, Daniel Brown, HRWC, 18 June 2019

Page 5: August 18, 2021 Recreational Marihuana Ordinance

Non-City Led Community Engagement

● The Ypsilanti Sustainability Commission featured dam removal in three open

meetings since January 2019.

● The Friends of Pen Park (FPP), a community group organized to support the

park adjacent to the dam has hosted meetings and information sessions to

gather information on the removal of the dam and to highlight concerns and

needs of a subset of property owners on the current impoundment.

● Over 10 news stories have reported on the removal of Pen Dam.

● Media outlets include Eastern Echo (Eastern MIchigan University’s student run

newspaper), WEMU (local NPR station), Concentrate Media (a local print and online

newspaper), MLive and other local blogs

● Michigan Radio, Bridge Magazine, and other collaborating media outlets published

a series of stories in February and March of 2021 regarding the effects of climate

change

Page 6: August 18, 2021 Recreational Marihuana Ordinance

Townhall and Survey

• The Pen Dam Town Hall, 20 February 2019, drew an estimated 75 - 100

participants

• Facilitator led the audience through a series of presentations and a lively

questions and comments period.

• The City released a public survey to gather further input on the preferences

of city residents and non-residents regarding the removal of the dam.

Page 7: August 18, 2021 Recreational Marihuana Ordinance

Survey: Support for Removal

Page 8: August 18, 2021 Recreational Marihuana Ordinance

Survey: Affect of removing the dam on

behavior

Resident Non-Resident

Page 9: August 18, 2021 Recreational Marihuana Ordinance

Survey: Heritage

Peninsular Paper built the dam 1867 and rebuilt in 1918 after it failed

Powerhouse: preserve and use

Iconic Sign: PENINSULAR PAPER CO. SINCE 1867 YPSILANTI.

Tradition of fishing below the dam

Visual image of the dam and powerhouse

Survey: Improve usage of Pen Park by wider segment of Ypsilanti residents.

Sustainability Commission resolution: if the city chooses to remove the dam,

the heritage of the site should be preserved.

Separate the fate of the powerhouse and sign from the dam itself.

Page 10: August 18, 2021 Recreational Marihuana Ordinance

Rationale for Dam Removal: Alternatives

Pen Dam is a 100+-year-old structure in need of repairs

Ongoing maintenance and inspections would be significant costs to the city

Liability without insurance.

Failure could mean loss of life and property.

Climate change increases the risk.

Hydropower restoration was deemed economically infeasible

High capital investment to reinstall turbines

Unfavorable economic climate with utility company

High capital investment for city owned distribution

Projected higher greenhouse gas emission from impoundment than saved

Page 11: August 18, 2021 Recreational Marihuana Ordinance

Rationale for Dam Removal: Climate Change

Significant increases in precipitation across the entire region can be seen in

data collected over the past 70 years (1950 to present).

fall precipitation has increased over 28%

spring precipitation has increased over 21%

increase within storm events that are also increasing in severity

more rain falling in more concentrated bursts.

Increases in freeze/thaw cycles create stress on built infrastructure.

Annual rainfall is expected to increase by three to four inches over annual

rainfall in 1971-2000

Impoundments are known to emit methane, a significant greenhouse gas

Wetlands are shown to capture greenhouse gases

Page 12: August 18, 2021 Recreational Marihuana Ordinance

Rationale for Removal: River Health

Substantially improve water quality

Restore the natural temperature and flow of the river

Improve unique Ypsilanti fishing conditions

Create an oasis habitat in an urban environment, important for helping birds,

plants, and fish adapt to climate change

Make Ypsilanti more resilient to climate change by reducing risks associated

with increasingly frequent, severe storms and flooding

Sustainability Plan: River health was rated fourth highest priority

Page 13: August 18, 2021 Recreational Marihuana Ordinance

Rationale for Removal

The rationale for removal was discussed extensively ahead of vote by Ypsilanti

City Council to remove the dam in order to support the City in making an

informed decision.

State, federal, and subject matter experts provided compelling summaries of the

ecological benefits for removal.

Removal will alleviate a significant infrastructure liability to Ypsilanti and relieve

the City of significant long-term financial burdens for maintenance and

insurance.

Dam removal is an essential action for making communities more resilient to

climate change and the increasing risk of flood and severe storms.

Page 14: August 18, 2021 Recreational Marihuana Ordinance

Council Resolution 2019-101May 7, 2019

RESOLVED BY THE COUNCIL OF THE CITY OF YPSILANTI:

WHEREAS, the City of Ypsilanti has conducted a survey of the Peninsular Park Dam in 2018 to estimate costs to repair or remove the structure; and

WHEREAS, in the 2018 study it was estimated that it would cost $2,700,000 to remove the Peninsular Park Dam; and

WHEREAS removal of the Peninsular Park Dam would remove a major liability from the city; and

WHEREAS the city would be eligible for a number of local, state and federal grants to remove a dam.

NOW THEREFORE BE IT RESOLVED BY THE CITY OF YPSILANTI that the city council approves up to $500,000 for the removal of the Peninsular Park Dam so long as the city applies for the grants to complete the project as listed in the 2014 opinion of probable construction cost completed by OHM Advisors.

Page 15: August 18, 2021 Recreational Marihuana Ordinance

Property Value Information

A review of data from other dam removals indicates waterfront landowners did not lose property value.

Property values have tended to increase near other dam removal and natural area restoration sites.

References: Provencher, Bill and Sarakinos, Helen and Meyer, Tanya L, Does Small Dam

Removal Affect Local Property Values? An Empirical Analysis (2008-04-08). Contemporary

Economic Policy, Vol. 26, Issue 2, pp. 187-197, April 2008, Available at SSRN: https://ssrn.com/abstract=1120551 or http://dx.doi.org/10.1111/j.1465-7287.2008.00107.x

Dam removal increases property values (phys.org) | https://phys.org/news/2008-04-property-values.html

Page 16: August 18, 2021 Recreational Marihuana Ordinance

Council Resolution 2019-221September 24, 2019

IT IS RESOLVED BY THE YPSILANTI CITY COUNCIL THAT:

1. The City intends to utilize the presently submerged lands adjacent to Penn Park that will become exposed by the dam removal for public and recreation purposes.

2. The City does not intend to utilize for public and recreation purposes City owned presently submerged lands that will be exposed that are not adjacent to Penn Park, but to leave such City land as green space.

3. The City does not intend to utilize any private submerged land that will be exposed for public or recreation purposes.

4. The City Attorney is authorized to conduct a title search of the Peninsular Dam back water submerged lands and hire title and survey work as required.

5. Direct the City Clerk to forward copies of this approved resolution to both Ypsilanti and Superior Townships.

Page 17: August 18, 2021 Recreational Marihuana Ordinance

Land Title and Survey Work

The City obtained copies of the current deeds: City Attorney’s office

Investigating the chain of titles: OHM

Sought reputable firms with previous experience

June 2021: Contracted with Michigan Title, estimated $10K-$30K, 3-6 month

Council approved budget amendment of up to $50K for title work

July 2021: MI Title stated they did not have the capacity based on initial investigations; OHM sought other firms

August 2021: A. S. K. Services, awaiting quote this week, 8-12 weeks

City will coordinate with OHM/ASK to prioritize parcels

Page 18: August 18, 2021 Recreational Marihuana Ordinance

Technical consultants and subsequent

discussion

The City of Ypsilanti has partnered with the Huron River Watershed Council as

technical consultants on the removal process.

Daniel Brown, Watershed Planner, will now present the technical aspects of

the removal process.

Sommer Woods will then lead the discussion of on general topics and those

specific to landowners.

Page 19: August 18, 2021 Recreational Marihuana Ordinance

Peninsular Paper Dam Removal and River Restoration Project Update

8/18/2021

Page 20: August 18, 2021 Recreational Marihuana Ordinance

Pen Dam

Railroad Bridge

Superior Road (auto) Bridge

Superior Dam

Pen Park

Project Site Overview

Page 21: August 18, 2021 Recreational Marihuana Ordinance

Project Timeline and Status

• 9/2018: Feasibility Study completed

• 5/2019: Ypsilanti decided to remove Pen Dam in early 2019.

• 11/2019: HRWC & Ypsi applied for funding from MDNR (2019 cycle)

• 9/2020: MDNR awarded $327K to project for removal planning(COVID delay)• State and federal experts provided helpful guidance

• LimnoTech contracted for removal design and analysis

• 7/2021: MDNR awarded $334K to project for removal planning(2020 Cycle)

• Current funding for design phase will last through 2022.

• County, state, and federal experts will be involved throughout.

Page 22: August 18, 2021 Recreational Marihuana Ordinance

Key Updates for Area Residents

• There will be no deconstruction of the dam in this phase.

• We are in the removal design (planning) phase.

This phase will:

• Help answer questions raised by the feasibility study

• Plan the restoration of the impoundment, design a removal, identify any

additional issues, and incorporate Ypsilanti’s vision for the park.

• Resident ideas and comments will help inform contracted engineering

firms and the restoration of the impoundment.

• County, State, and Federal officials have review and permitting authority.

Page 23: August 18, 2021 Recreational Marihuana Ordinance

Conclusions of Dam Removal Feasibility Study

Dam Removal was found feasible and favorable.Three key areas were identified for additional investigation:

1. Determine how much sediment is in the impoundment, where, and what is the quality of that sediment.

2. Assess effects on two bridges that cross the impoundment.3. Understand current riverfront landownership.

• The feasibility study found no property owners were expected to lose land area, and no waterfront owners were expected to lose river access.

The feasibility study is available here: https://www.hrwc.org/pendamOr here: https://cityofypsilanti.com/DocumentCenter/View/1789/2018-11-21-Peninsular-Dam-Removal-Study-Report

Page 24: August 18, 2021 Recreational Marihuana Ordinance

Existing Conditions

Pen Dam

From Princeton Hydro Feasibility Study, 2018

Page 25: August 18, 2021 Recreational Marihuana Ordinance

Probable Future Conditions

From Princeton Hydro Feasibility Study, 2018

Page 26: August 18, 2021 Recreational Marihuana Ordinance

Existing Conditions

From Princeton Hydro Feasibility Study, 2018

Page 27: August 18, 2021 Recreational Marihuana Ordinance

ProbableFuture Conditions

From Princeton Hydro Feasibility Study, 2018

Page 28: August 18, 2021 Recreational Marihuana Ordinance

Environmental Monitoring

Generic Dam Removal Project Phases

Removal Feasibility Study

Removal Design & Planning

Project Progression

Restoration Planning

We arehere

Restoration

Note: This is a graphical depiction only. The boxes are not to scale. Deconstruction typically takes weeks or months. Restoration of the impoundment will likely take 3+ years.

Community Input and Visioning

Final Permitting

Anticipated as early as12/2022

Anticipated 12/2021

Deconstruction

After 1/2023Completed9/2018

Fundraising for Removal and Restoration

Page 29: August 18, 2021 Recreational Marihuana Ordinance

Project Management Structure Community Engagement Options

Group Composition Key Tasks

Core Team• City of Ypsilanti• HRWC• Washtenaw County

Project administration, logistics. Manage firm contracts

Steering Committee

• Core Team• Ypsilanti Township• Superior Township

• Guide overall project direction• Engage outside experts and integrate project dimensions

Restoration Subcommittee

• Core Team• County, federal and state

officials• Subject matter experts

• Inform Steering Committee• Develop plan for restoration/revitalization of the

impoundment and Pen Park. Complete before dewatering of impoundment

Community Advisory Subcommittee

• Ypsilanti leads (staff, commissioners, councilmembers)

• Area residents• HRWC supports

• Inform Steering Committee and Restoration Subcommittee

• Identify, needs, concerns, strengths of park and restoration Inform future revitalization and use of park

Page 30: August 18, 2021 Recreational Marihuana Ordinance

Goals of this Phase (2020-2022)

• Removal design and analysis• Sediment, river flow, and infrastructure

• Develop a removal design plan

• Complete a restoration plan before dewatering of the impoundment

• Complete a Pen Park vision and restoration plan before dewatering of the impoundment

• Raise funds for Restoration

Page 31: August 18, 2021 Recreational Marihuana Ordinance

Removal Steps in Planning Phase

Contracted engineering firms will complete the following:

• Visual inspection of impoundment features (Completed)

• Investigate sediment quantity, quality, and location. (Underway)

• State and county officials will review.

• Investigate and model changes to river flow. (Anticipated by 2021-2022)

• Structural investigation of dam, bridges, and other infrastructure. (Anticipated by 2022)

• Develop removal design plan, deconstruction plan. (Anticipated by 2023)

• Federal, state, and county officials will review.

• Develop sediment management plan.

• Federal, state, and county officials will review.*This is not a comprehensive or detailed list but is provided to demonstrate categorical milestones in project as anticipated.*

Page 32: August 18, 2021 Recreational Marihuana Ordinance

Restoration Steps in Planning Phase

Restoration Subcommittee is leading the following:

• Identify and begin pre-removal monitoring to inform ecological restoration activities.

• Identify favorable, sensitive, threatened, or endangered species that may be affected.

• Mussel species are a key focus. Federal and state officials will have essential oversight.

• Identify invasive species in impoundment area that may require mitigation.

• Develop restoration plan to support ecological health and river quality. (2021 and ongoing)

• Anticipated actions

• Timeline relative to dam removal.

• Federal, state, and county officials will review all plans and actions, and will provide expertise.

*This is not a comprehensive or detailed list but is provided to demonstrate categorical milestones in project as anticipated.*

Page 33: August 18, 2021 Recreational Marihuana Ordinance

Recreational Interest

• The Huron River Water Trail is a 104-mile water trail with an annual economic value of $53.5 million that serves 125,000 unique river users.

• The stretch through Ypsilanti is often described as one of the most fun to paddle and is considered one of the best for fishing.

• Removal of the dam presents an opportunity to improve access through Pen Park.

Reference: Summary Huron River Economic Impact

Page 34: August 18, 2021 Recreational Marihuana Ordinance

Addressing Landowner Topics of Interest

1. Sediment Sampling, Management, and Remediation

2. Protection for Native, Sensitive, Threatened or Endangered Species

3. Restoration Plan and Invasive Species

4. Riverbank and Channel Preservation

5. Cost Estimates for Removal and Restoration

Page 35: August 18, 2021 Recreational Marihuana Ordinance

Sediment Sampling, Management, and Remediation

• We are consulting with trusted expert sources, Washtenaw County, state officials and federal officials.

• Engineers have developed a sediment sampling plan with their guidance and approval to answer these questions.

• Sediment sampling and management are common issues related to dam removals. There are established procedures and requirements for dealing with sediments.

• State officials will be looking very closely at what the contracted engineering firms recommend in their plan.

Page 36: August 18, 2021 Recreational Marihuana Ordinance

Updates: Sediment Quantity and Sampling

• Preliminary estimates for the total sediment volume in the impoundment is 250,000 to 270,000 cubic yards.

• The Feasibility Study previously estimated up to 1 million cubic yards might be present.

• The updated estimated total sediment volume is significantly lower than the upper bound approximated in the Feasibility Study.

• Sediment sampling will likely commence in the next few weeks. You may be approached by LimnoTech or subcontractors regarding access to the impoundment.

Page 37: August 18, 2021 Recreational Marihuana Ordinance

Protection for Native, Sensitive, Threatened or Endangered Species• The project team is working with state and federal officials to make sure

any native, preferred, sensitive, threatened, or endangered species are protected.

• There are established procedures protecting various species. Mussels are of particular interest in this stretch of river, and we are following state and federal guidance to protect sensitive mussel species. This has been a key focus of the Restoration Subcommittee.

• State officials and federal officials are excited about the restoration of the impoundment because it may increase habitat for species most at risk and ecologically valuable.

Page 38: August 18, 2021 Recreational Marihuana Ordinance

Restoration Plan and Invasive Species

• Following other dam removals, newly exposed lands tend to revegetate rapidly.

Depending on the dewatering timing, revegetation can occur in the first season.

• The Boardman River restoration, and revegetation after the dam failures on the

Tittabawassee in 2020 are two recent examples.

• (During extremely low water on the Huron River in 2021, we actually saw

exposed areas revegetate over 2-3 months.)

• Typically, within 2-3 years, newly exposed land is lush and green, and provides

excellent habitat for shoreline wildflowers.

• Invasive species management is a standard part of restoration efforts and will be a central focus for restoration of the impoundment.

Page 39: August 18, 2021 Recreational Marihuana Ordinance

Riverbank and Channel Preservation

• Addressing erosion concerns is a standard part of removal design planning. The engineers will consider the potential for these effects.

• State and federal officials will also review removal design plans to make sure concerns are addressed.

• Estimates were made regarding infrastructure protections in the Feasibility Study, though new information can change those estimates.

Page 40: August 18, 2021 Recreational Marihuana Ordinance

Cost Estimates for Removal and Restoration

• Multiple independent experts, along with state and federal officials, have found the cost estimates by Princeton Hydro in the Feasibility Study to be consistent with other similar projects in the United States and in Michigan, based on the data and information available.

• We have no new information that contradicts the Feasibility Study estimates.

• HRWC is committed to helping fundraise for the balance of funds required to remove the dam and restore the impoundment.