The Michigan Department of Environmental Quality is investigating a complaint received in regards to soil erosion during the bridge construction job in Depot Park.
The MDEQ confirmed it had received a complaint, and is in the process of ensuring all required permits were acquired in a correct and timely matter.
The complaint was filed with the DEQ after local residents complained the City of the Village of Clarkston did not properly protect area waterways when a bridge was removed and replaced in the south end of the park.
Crews removed the old part of the bridge as well as the beams cementing it in the water before installing the new structure.
Independence Township resident Tammy Heazilt claimed the city did not ensure proper erosion control was in place during the project.
When the construction project was underway, a silt barrier fence could be seen on the edge of the river to block dirt and debris from entering the water.
Heazlit said the barriers were installed later than they should have been, were installed incorrectly, and could have been installed in a better and more ecologically conscious manner.
She took photos and said the project began after proper barriers were put in place.
Oakland County Commissioner Tom Middleton (R-Clarkston) visited the construction site to get a good look at the barriers in place. Middleton said the contractor is responsible for getting an erosion permit from Oakland County Health Division.
Middleton said the contractor receives specifications from the county on what barriers need to be in place.
‘They always make you go out a little further, too,? he said. ‘Once the barrier is in place, the county has to come out and inspect the project before it begins.?
Middleton said inspections on jobs are sometimes delayed for a variety of reasons including holidays or if a project is postponed.
Heazlit said the barriers were recently straightened and fixed after she filed the complain with the MDEQ.
She added the city ‘got lucky? because of the holiday, and the county inspector did not see the alleged violations.
The law requires proper barriers be installed and maintained during construction projects near waterways, but Middleton said he believes the barrier was sufficient and appeared to be installed correctly.
A county inspector issues the proper permit for the job. After all requirements are met, including barriers, the inspector visits the site again.
Once the job begins, it is the contractors? job to make sure the barrier is preserved.
Heazlit said barriers not placed correctly allows sediment to discharge into state waters, a violation of the Clean Water Act.
‘That violates my right to a protected watershed that is provided to me under the Clean Water Act,? she said.
The city’s engineering firm Hubbel, Roth & Clark also has a storm water specialist on staff, who inspects jobs and ensures the city is following requirements.
Earlier this year, Heazlit questioned what the city was doing to protect local waterways during a road and drain construction project on M-15.
Heazlit said she believed it was the city’s job to ensure no hazardous materials like ‘sludge? from the construction job were going down the drains.
MDOT contractors on the job maintained they were using the correct barriers when it came to the way drain were protected from the seeping ‘sludge.?
City officials did not have any jurisdiction over the project or how workers from Michigan Department of Transportation performed the work because M-15 is a state road.
Sediment or debris entering the waterways is a concern. Storm drains in the city flow into local waters and eventually the Clinton River.
The river where the work took place on the bridge, leads into Dollar Lake and travels just north to flow into the Clinton River.
Clinton River and its tributaries stretch across more than 760 square miles of land in southeast Michigan, including portions of Oakland, Macomb, Lapeer and St. Clair counties.
Rain and snowmelt from areas run into the river, and can carry with it debris and pollutants that are harmful to aquatic life.