Burns Construction still has no permit for Jamestown Villas and continues to work on excavating.
Slide show
Monday, November 9, 2009
Working without a permit
Burns Construction still has no permit for Jamestown Villas and continues to work on excavating.
Slide show
Friday, October 23, 2009
Letter to EPA by JLW
I went back to my files after our visit. It turns out that Trick does, in fact hold the NPDES for Covington Villas. The signage in this PDF shows a different owner. That is why I was confused. I did not intentionally mislead you.
What this does show though is the fact that Burns IS tied to the Covington Villas site and has for some time shown no regard for environmental restraints.
This practice of duality in ownership and control over developments is a big problem here. A developer mass excavates the site and leaves it then sells lots to other contractors. Those contractors, Burns in this case, then violate the requirements and both sides then cry "it's not my fault".
Williamsburg is one of these. I remember your statement that until the site is reclaimed, the NPDES owner is responsible. It was my understanding that until Williamsburg reaches total reclamation the NPDES can not be terminated. Is that the case?
The city allows and even encourages this and then they do not enforce the local stormwater ordinances.
Case in point...
On 10/07/09 I photographed an inspectors truck parked next to failing BMPs with sediment in the street. On 10/11/09 and photographed the site again after a rain. No repairs had been made to the BMPs and sediment was evident in the drains. Here he did not see me and no warnings were issued.
On 10/12/09 I encountered the same inspector standing in a carport in Spring Valley. He recognized me when I took his photo and called the developer to warn him that I was on site and that he would have to issue a warning since I had seen him. NOT that he was in violation, but that he had been seen doing nothing. The developer called me to ask why I was there and inform me of the warning and the inspectors statements.
It seems that Tuscaloosa has no intention of holding contractors accountable unless forced to by my presence or outside pressure from EPA. I resent this action by the city even though it enforces my earlier beliefs that they are facilitating this ongoing violations through total negligence.
Once again, I wish to point out that the Tuscaloosa storm-water permit has NOT been revised to accommodate the TMDL for Hurricane Creek. This plus the consistent lack of accountability should make them accountable to ADEM or EPA for non-compliance.
What this does show though is the fact that Burns IS tied to the Covington Villas site and has for some time shown no regard for environmental restraints.
Williamsburg is one of these. I remember your statement that until the site is reclaimed, the NPDES owner is responsible. It was my understanding that until Williamsburg reaches total reclamation the NPDES can not be terminated. Is that the case?
The city allows and even encourages this and then they do not enforce the local stormwater ordinances.
Case in point...
On 10/07/09 I photographed an inspectors truck parked next to failing BMPs with sediment in the street. On 10/11/09 and photographed the site again after a rain. No repairs had been made to the BMPs and sediment was evident in the drains. Here he did not see me and no warnings were issued.
It seems that Tuscaloosa has no intention of holding contractors accountable unless forced to by my presence or outside pressure from EPA. I resent this action by the city even though it enforces my earlier beliefs that they are facilitating this ongoing violations through total negligence.
Once again, I wish to point out that the Tuscaloosa storm-water permit has NOT been revised to accommodate the TMDL for Hurricane Creek. This plus the consistent lack of accountability should make them accountable to ADEM or EPA for non-compliance.
Sunday, October 18, 2009
Rainfall data for Tuscaloosa
Mr. Burns, Jamestown Villas claimed there was 10.5 inches of rain in two days that caused the erosion problems at his development. Below are the rain statistics for Tuscaloosa. There is not one month with a 10.5 inch total. September had 9.17 which is a long way from 10.5 inches in two days.
September had one period from 09/18 to 09/21 which saw 6.32 inches over a 4 day period.
I am not sure where Mr. Burns got 10.5 inches in two days but it was NOT in Tuscaloosa and certainly not just at Jamestown Villas.
Suit, criminal charges target developer
The city of Tuscaloosa has issued a stop work order on construction at Jamestown Villas located at the end of Sixth Street East.
By Jason Morton Staff Writer Published: Saturday, October 17, 2009 at 3:30 a.m.
Last Modified: Saturday, October 17, 2009 at 12:09 a.m.
Last Modified: Saturday, October 17, 2009 at 12:09 a.m.
TUSCALOOSA | Northport-based Burns Construction Co. faces a civil lawsuit and misdemeanor criminal charges over erosion issues at the site of Jamestown Villas, a 23-acre residential development off Crescent Ridge Road.
AT ISSUE
Charges: The city issued an order to stop work on a subdivision because of erosion-control concerns, but says Burns Construction Co. ignored the order and continued working.
the developer says: The only work done after the stop-work order was to improve erosion control and says the site has been found to be in compliance with soil erosion rules.
A.C. and Doris Whitley filed the lawsuit in circuit court, claiming soil runoff from the site has damaged their adjoining property.
The criminal charges stem from Burns’ alleged refusal to comply with a stop-work order the city issued, citing erosion control violations. The Office of the City Engineer issued the order on Sept. 25.
Jimmy Burns, the owner and developer of the 90-unit garden home subdivision, said the court actions are the result of political and personal agendas.
“Any runoff was because of excessive rainfall,” Burns said, noting the extreme rainfall totals that West Alabama has tallied in recent weeks. “You can do all that you can do, but it’s not going to stop [the runoff from] 10.2 inches of rain in two days. ...“This is all a political ploy, just for some people to get their name in the paper.”
But City Engineer Joe Robinson said the municipal complaint was filed after the city learned Burns had continued to work on the Jamestown Villas site after being served with the stop-work order.
“He removed the stop-work order sign and then he continued to work on items other than the erosion control,” Robinson said.
Burns is denying the allegations, saying that his only work on the site following the stop-work order was to improve erosion control measures.
“I intend to fight [it] to the fullest,” said Burns, who pleaded not guilty Oct. 5 and is scheduled for a hearing in
November, “because I’m right and I’m going to prove I’m right.”
Burns also said he has spoken with the Whitleys, Cumberland Road residents who own 28 acres adjacent to the Jamestown Villas site, and said he believes they were pushed into the lawsuit.
Burns would not say who he thought was behind the lawsuit, however.
The suit, filed Oct. 2, claims that since June, when Burns Construction began clearing the land for the subdivision, soil, mud and debris has been washing onto the Whitleys’ property.
“The quantity of the silt, sediment and mud from the [Burns’] development is so great that it has caused substantial harm to the recreational and aesthetic attributes of [the Whitleys’] property,” the suit said. “The stream, wetland area, and ... pond on the [Whitleys’] property has been destroyed by the accumulation of large quantities of mud and silt.
“The release and discharge of sediments, mud and silt ...recurs upon each rainfall event.”
Burns said the site has been inspected by engineers for the city of Tuscaloosa, the Alabama Department of Environmental Management and the U.S. Army Corps of Engineers, and all have found the development to be in compliance with current soil erosion control rules. The city lifted the stop-work order on Oct. 9.
Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-0200.
Comments on Jamestown Villas erosion controls
From Mike Mullen,
This
was a difficult but by no means impossible construction site.
1) poor drainage planning - detention ponds and a drainage system
directing runoff to them should be in place before there is any mass
grading save for that needed to create the pond and drainage system -
in one of the pictures a large amount of runoff was bypassing the
drainage system - why?
2) inadequate project phasing - project phasing should get the sediment ponds
and drainage in place first, then the access roads and then phase in areas
where dwellings are to be located - from the aerials it does not appear
that this happened
3) inadequate erosion control - the perimeter slopes did not appear to
have any erosion control, slopes this steep need erosion control blankets
and a drainage system that keeps water off the slopes
4) excessive dependence upon silt fence - silt fence is a stop-gap solution
when erosion control fails or when it rains before vegetation or mulcj can
be put in place - unfortunately it is seen as a cure all by the unknowing -
anytime I see double lines of silt fence I immediately sense drainage
system problems or failure and inadequate or absent erosion control
5) improper placement of silt fence - it was hard to tell but it looked like
the silt fence ran up and down the hill in places and was not on the contours -
also, in areas this steep silt fence should have wire backing - I failed to see
it but perhaps it was present - it wouldn't have mattered anyway as the silt
fence was not adequately trenched in
6) improper installation of silt fence - the silt fence did not appear to be on the
contours, was not properly trenched in, was probably not the proper type of fence
and there was little flat area for water to pond behind the fence
It is impossible to say what parties are at fault - was it flawed engineering (was there
any engineering)?, did the contractor fail to install measures in a timely manner
where and how they were designed and specified in the plan?, did the engineer
inspect the site or have a designated person inspect the site routinely to confirm
that measures were properly installed and maintained.
While it is impossible to say why the project was screwed up or who is responsible
it does appear that the responsible regulatory entities let the situation get out of hand.
Preventing more offsite transport of pollutants should be the first priority. The second
priority should be mitigation of the damage already done. But will anyone be willing
to see that the mitigation is done. And, if post-construction planning and BMPs are
as lacking as construction BMPs appear to have been (given the amount of accumulated
sediment) it appears that damage to the stream will continue with ongoing degradation.
Stream restoration is an expensive measure but in some states the developer would
have to pay for removal of the sediment and any stream restoration deemed necessary
for restoration of the stream to as near as possible pre-development conditions.
However, in these states where state and local environmental regulators are more
proactive it is much less likelt that this mess would have been allowed. But, this is
Alabama. ADEM is reactive not proactive and streams are being damaged and
"destroyed" as this one has been all across Alabama.
Michael William Mullen, CPESC
Choctawhatchee Riverkeeper
CPESC - Certified Professional in Erosion and Sediment Control.
I have been a CPESC since 2000. My registration number is 2129.
That means that I have 1) met certain basic requirements (education,
experience etc.), 2) have passed the CPESC examination and
3) have maintained professional development education requirements.
This
was a difficult but by no means impossible construction site.
1) poor drainage planning - detention ponds and a drainage system
directing runoff to them should be in place before there is any mass
grading save for that needed to create the pond and drainage system -
in one of the pictures a large amount of runoff was bypassing the
drainage system - why?
2) inadequate project phasing - project phasing should get the sediment ponds
and drainage in place first, then the access roads and then phase in areas
where dwellings are to be located - from the aerials it does not appear
that this happened
3) inadequate erosion control - the perimeter slopes did not appear to
have any erosion control, slopes this steep need erosion control blankets
and a drainage system that keeps water off the slopes
4) excessive dependence upon silt fence - silt fence is a stop-gap solution
when erosion control fails or when it rains before vegetation or mulcj can
be put in place - unfortunately it is seen as a cure all by the unknowing -
anytime I see double lines of silt fence I immediately sense drainage
system problems or failure and inadequate or absent erosion control
5) improper placement of silt fence - it was hard to tell but it looked like
the silt fence ran up and down the hill in places and was not on the contours -
also, in areas this steep silt fence should have wire backing - I failed to see
it but perhaps it was present - it wouldn't have mattered anyway as the silt
fence was not adequately trenched in
6) improper installation of silt fence - the silt fence did not appear to be on the
contours, was not properly trenched in, was probably not the proper type of fence
and there was little flat area for water to pond behind the fence
It is impossible to say what parties are at fault - was it flawed engineering (was there
any engineering)?, did the contractor fail to install measures in a timely manner
where and how they were designed and specified in the plan?, did the engineer
inspect the site or have a designated person inspect the site routinely to confirm
that measures were properly installed and maintained.
While it is impossible to say why the project was screwed up or who is responsible
it does appear that the responsible regulatory entities let the situation get out of hand.
Preventing more offsite transport of pollutants should be the first priority. The second
priority should be mitigation of the damage already done. But will anyone be willing
to see that the mitigation is done. And, if post-construction planning and BMPs are
as lacking as construction BMPs appear to have been (given the amount of accumulated
sediment) it appears that damage to the stream will continue with ongoing degradation.
Stream restoration is an expensive measure but in some states the developer would
have to pay for removal of the sediment and any stream restoration deemed necessary
for restoration of the stream to as near as possible pre-development conditions.
However, in these states where state and local environmental regulators are more
proactive it is much less likelt that this mess would have been allowed. But, this is
Alabama. ADEM is reactive not proactive and streams are being damaged and
"destroyed" as this one has been all across Alabama.
Michael William Mullen, CPESC
Choctawhatchee Riverkeeper
CPESC - Certified Professional in Erosion and Sediment Control.
I have been a CPESC since 2000. My registration number is 2129.
That means that I have 1) met certain basic requirements (education,
experience etc.), 2) have passed the CPESC examination and
3) have maintained professional development education requirements.
Wednesday, September 30, 2009
Work after SWO at Jamestown
This video was shot on 09/26 & 28, 09 after Tuscaloosa ordered a "Stop Work"
Tuesday, September 29, 2009
City Halts Work on New Subdivision.
City halts work on new subdivision
TUSCALOOSA | The city has halted work on a housing development off Crescent Ridge Road because of alleged erosion control violations.
City Engineer Joe Robinson said the stop-work order was issued to Burns Construction on Friday because of violations at Jamestown Villas, a 90-unit garden home development under construction off Crescent Ridge Road.
He said the city is also checking on a claim that the Northport-based company violated the stop-work order, but had no further comment 'because of the possibility of court litigation.'
Jimmy Burns, owner of Burns Construction, could not be reached for comment Monday.
The City Council annexed the 23-acre site in October 2008 despite concerns that erosion could be a problem on the property. At the time, city staff members said the developer would have to mass grade the site, which could result in erosion.
The city had approved the development a year earlier, however, and the planning department determined that it would be unfair to deny the annexation because Burns had invested in the property after being led to believe it would be approved, and that he was taking steps to prevent erosion. The annexation was necessary because the project required connecting to the city's sanitary sewer system.
'Our engineering department has been working with the development since the start to work out a plan to try and reduce [the erosion],' said John McConnell, the city's deputy director of planning and economic development.
But John Wathen, who heads Friends of Hurricane Creek, an advocacy group for the protection of the creek and its watershed, claimed that work was being done on the property after the city issued the stop-work order.
'They were out there all weekend,' Wathen said, 'and they were still excavating as of Monday morning.'
The site at the intersection of Sixth Street and Vassie Drive is in the Hurricane Creek watershed and a tributary of the creek adjoins the property.
Wathen was among those who objected to the project when the city was considering the annexation.
Whether the activity Wathen witnessed was workers taking steps to prevent further erosion was unclear.
When Burns was seeking the annexation, the development's engineer, Jack McGuire, said Burns would build a detention pond and berms and take other measures to prevent erosion. And Burns said he would build the detention pond first, before disturbing any other soil on the property.
But Wathen said that whatever steps have been taken have not been enough to keep silt and runoff from entering Hurricane Creek.
On an Internet Web log, mudbuster.blogspot.com , he started, Wathen said he flew over the construction site on Aug. 27.
'From the air I could see silt fences down
with siltation leaving the site,' Wathen wrote. 'It was obvious that the conditions had been failing for some time due to the amount of mud seen outside the silt fences. ...
'I could see from the air that there appeared to be a large deposition of debris in the [Hurricane Creek tributary] itself.'
While it is likely that the recent heavy rains have exacerbated the problem, the Home Builders Association of Tuscaloosa said battling erosion is a constant problem, no matter the weather.
Rick Jarman, president of the association, said developers need extra time to repair fences damaged after heavy rainfalls, but it's not always Mother Nature causing the problems.
Sometimes, contractors will remove the fences to gain access and then simply not replace them.
'It's an ongoing problem,' Jarman said. 'As land gets higher and lots get smaller, you've got to get men in and out and materials in and out. ...
'It's a constant battle trying to keep them up.'
Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-0200.
He said the city is also checking on a claim that the Northport-based company violated the stop-work order, but had no further comment 'because of the possibility of court litigation.'
Jimmy Burns, owner of Burns Construction, could not be reached for comment Monday.
The City Council annexed the 23-acre site in October 2008 despite concerns that erosion could be a problem on the property. At the time, city staff members said the developer would have to mass grade the site, which could result in erosion.
The city had approved the development a year earlier, however, and the planning department determined that it would be unfair to deny the annexation because Burns had invested in the property after being led to believe it would be approved, and that he was taking steps to prevent erosion. The annexation was necessary because the project required connecting to the city's sanitary sewer system.
'Our engineering department has been working with the development since the start to work out a plan to try and reduce [the erosion],' said John McConnell, the city's deputy director of planning and economic development.
But John Wathen, who heads Friends of Hurricane Creek, an advocacy group for the protection of the creek and its watershed, claimed that work was being done on the property after the city issued the stop-work order.
'They were out there all weekend,' Wathen said, 'and they were still excavating as of Monday morning.'
The site at the intersection of Sixth Street and Vassie Drive is in the Hurricane Creek watershed and a tributary of the creek adjoins the property.
Wathen was among those who objected to the project when the city was considering the annexation.
Whether the activity Wathen witnessed was workers taking steps to prevent further erosion was unclear.
When Burns was seeking the annexation, the development's engineer, Jack McGuire, said Burns would build a detention pond and berms and take other measures to prevent erosion. And Burns said he would build the detention pond first, before disturbing any other soil on the property.
But Wathen said that whatever steps have been taken have not been enough to keep silt and runoff from entering Hurricane Creek.
On an Internet Web log, mudbuster.blogspot.com , he started, Wathen said he flew over the construction site on Aug. 27.
'From the air I could see silt fences down
with siltation leaving the site,' Wathen wrote. 'It was obvious that the conditions had been failing for some time due to the amount of mud seen outside the silt fences. ...
'I could see from the air that there appeared to be a large deposition of debris in the [Hurricane Creek tributary] itself.'
While it is likely that the recent heavy rains have exacerbated the problem, the Home Builders Association of Tuscaloosa said battling erosion is a constant problem, no matter the weather.
Rick Jarman, president of the association, said developers need extra time to repair fences damaged after heavy rainfalls, but it's not always Mother Nature causing the problems.
Sometimes, contractors will remove the fences to gain access and then simply not replace them.
'It's an ongoing problem,' Jarman said. 'As land gets higher and lots get smaller, you've got to get men in and out and materials in and out. ...
'It's a constant battle trying to keep them up.'
Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-0200.
All rights reserved. This copyrighted material may not be re-published without permission. Links are encouraged.
Saturday, September 26, 2009
Friday, September 25, 2009
Jamestown Villas 09.24.09
From an e-mail sent to Chad Christian and Joe Robinson today, 09/25/09...
"Chad,
"John, I personally walked the entire site and perimeter this afternoon. I did see the uncompacted slope over the debris that you refer to below, and this will not be accepted"
I took your quote to mean that covering the "woody debris" along the back side of Jamestown would "not be accepted".
From your e-mail on 09/18/09...
As you can see, Mr. Burns did not get the message. Today I photographed and video recorded the crew dumping and pushing dirt over the "woody debris". THe video and complete set of photos will be posted to the mudbuster blog as soon as the video up-loads.
http://www.mudbuster.blogspot.com
My question is this... If this will not be accepted, how are they going to remove it if they keep covering it up? Large clods of red clay are rolling down the hill, jumping the debris pile, and slamming into the silt fences. Some is jumping the fences and landing in the flood plane. Removing the debris from an already unstable bottom adjacent to the flood plane is going to cause more problems, possibly even worse that we have already seen. In my opinion, this could have been prevented if you and Joe had kept your promise of diligence.
No one has worked on any BMP improvements since at least two rain events that can be seen. The only activity I saw was more excavation and covering of the "woody debris".
Look at the lake below. There has been no rain in two days now. The lake is dying daily. A small number of small fish have died already. Last week I found a Snapping Turtle with bright red lesions on his jaw. It is my belief that Jamestown Villas is causing irreparable damage to the lake and the receiving stream below.
What action has the city taken? What action is the city going to take to stop this? Tuscaloosa gerrymandered this into the city and now what are you going to do about the ongoing disaster off-site?
On 09/21/09, I asked for a time to review the site disturbance plans approved and any revisions.
"I would like to set time to view the Jamestown VIllas site disturbance plan in it's original state before any revisions recently added to the document. I would also like to see the revised edition of that plan."
To date, you have not answered.
I ask again...
I would like to set time to view the Jamestown Villas site disturbance plan in it's original state before any revisions recently added to the document. I would also like to see the revised edition of that plan.
When can you set that up? Should I get EPA to ask for them?
Continuing to ignore my request and questions is only going to create more problems for Tuscaloosa."
Thursday, September 24, 2009
Camden Lake 09/23/09
This update was sent to EPA region 4 this morning.
Photos
"Susan,
Here is an update to the Camden Lake complaint.
I have been watching a site in Camden Lake where there was an approved plumbing inspection on a foundation ready to pour with concrete on a site where no building permit had been issued. I turned this site in 2 weeks ago to the city 311 line. Nothing changed. I sent the complaint directly to Joe Robinson and Chad Christian pointing out that there were 7 house construction sites disturbed there with either failing BMPs or non-existent BMPs. Warnings were written for two and removed while the sites were still in noncompliance. I was there yesterday doing follow-up to a previous complaint and saw a city truck I took to be an inspector. I did not get a good look at his face but the tag # was a municipal tag 45400. I encountered him at 2:35 in the afternoon. As he drove through the subdivision, he never stopped to get out, he never issued any warnings, he did not consult with the concrete contractors who had made the mess even bigger since I left earlier. For once in a very long time, I did not have my camera with me. The reason I find the inspectors presence mentionable is this... The city inspectors have been trained and according to Joe Robinson have been ordered to cite infractions and post warnings first then stop work orders. None of this is taking place here as it should.
I went home and picked up my camera and returned. The inspector was gone but I documented where at least three cement trucks backed out into poorly grassed areas and washed out their trucks. The toxic cement residual washed down the streets and into the drains. It looked like two of the trucks stopped in the street and finished washing out their chutes and truck bed IN THE STREET. The inspector drove through the wet cement residue and passed right by. No warning, no stop work order, no action at all. When I first turned this site in there had been significant disturbance with off site tracking of mud. There was NO city permit or adequate BMPs. Yesterday there was a permit dated "issued: 09/17/09", the same day I called in the complaint to Joe. No permit, no warning, no stop work order, no action at all.
The BMPs at that location have never been properly installed and have been turned into Joe and Chad. I showed them the photo of the passing inspection card on the failing site, no action has been taken. The water leaving Camden Lake had a gray color similar to the cement residue seen entering the drains.
Joe sent an inspector out on 09/18/09 who wrote up two warning notices out of seven that were in violation. I also sent Joe a complaint on Covington Villas, owned by Jimmy Burns of Jamestown Villas. Houses there have been out of compliance for months. In fact, every house on every subdivision owned by this person is in the same condition. There was no warning filed to date. To date it is still in terrible condition.
It is obvious, once again that Tuscaloosa has no intention of enforcing the law in regards to their permit.
I should also mention again that this location is under "Consent Order" with ADEM and this letter was marked received from EPA region 4 on 04/20/09. I wish to ask EPA to take action now for both the complaint at Camden Lake but also against Tuscaloosa for not enforcing the permit requirements as written, and not updating their permit to show compliance with the TMDL for Hurricane Creek.
Your Servant,
John L. Wathen,
Hurricane Creekkeeper
Friends of Hurricane Creek
Wednesday, September 23, 2009
Hurricane Creek and Black Warrior River
A vast majority of mud seen in the river passing through Tuscaloosa is coming from Hurricane Creek.
Noah's ARC. Flooding from poorly designed and planned subdivisions are the reason for flooding here. Tuscaloosa planned to fail and YOU, the tax-payer are paying for it!
Developers, road building and coal mining are responsible.
Of all the impacts to Hurricane Creek, poorly planned and poorly regulated subdivision developers are the worst contributors to the problem.
Tuscaloosa has NO ordinance that regulates subdivisions pollution. A subdivision regulation was promised by John McConnell, city planner, that would be ready by Fall. As of now, second day of Fall, it has not even been drafted.This is the same area over a year ago. Is anyone listening?
Tuesday, September 22, 2009
Covington Villas complaint to city
http://mudbuster.blogspot.com/2009/09/camden-lake-complaint.html
While you have your guys out there you might want to look into Mr. Jimmy Burns at Covington Villas. You know Mr. Burns I am sure. He is the owner of Jamestown Villas you spoke so well of at the city council meeting. We asked that night not to allow the annexation due to his record as a bad actor. We predicted to the letter what would happen at Jamestown Villas if you approved it.
Mr Burns track record so far...
http://mudbuster.blogspot.com/2009/09/jamestown-villas-complaint-091109.html
I turned in this site at Covington Villas through the 311 system and was told to contact the "Alabama Environmental Protection Agency">?
I reported to Chad on the 31st of august and got this response...
"John – got your message and will discuss with Joe on his return next week. I will suggest incorporating some new “keywords” to streamline their process for Joe Citizen. As you can imagine 311 receives all types of complaints and are constantly evolving to respond appropriately."
Here is a photo of that site taken 08/30/09
Here is the same site today...
09/17/09
Once again, I ask why the city chose not to act on this violator for over two weeks? All inspections were passed.
This was sent to Joe Robinson on 09/17/09. Here is the site today, 09/21/09
Camden Lake complaint
This complaint was filed with City Engineer, Joe Robinson on 09/17/09 the same day as the Covington Villas complaint
http://mudbuster.blogspot.com/2009/09/covington-villas-complaint-to-city.html
Joe,
On 06/12.06, You wrote the following message concerning a complaint at Camden Lake where this photo was forwarded to your inspectors.
Photo Taken 05/17/09
"On Jun 12, 2009, at 11:39 AM, Joe Robinson wrote:
John, I got the picture and sent it on to Building Inspection for them to see. Thanks!
This is the same site today... 09/17/09
Can you explain to me and Susan Pope, included here from EPA Region 4, why the city has chosen to take no action here and at the other building sites located within Camden Lake?
Not one house under construction at Camden Lake meets BMP requirements, none ever have but all have passing city inspections. The city has never collected a single fine here. Can you explain why for us?
http://mudbuster.blogspot.com/2009/09/covington-villas-complaint-to-city.html
Joe,
On 06/12.06, You wrote the following message concerning a complaint at Camden Lake where this photo was forwarded to your inspectors.
Photo Taken 05/17/09
"On Jun 12, 2009, at 11:39 AM, Joe Robinson wrote:
John, I got the picture and sent it on to Building Inspection for them to see. Thanks!
This is the same site today... 09/17/09
Not one house under construction at Camden Lake meets BMP requirements, none ever have but all have passing city inspections. The city has never collected a single fine here. Can you explain why for us?
Saturday, September 19, 2009
Jamestown Villas annexation comments
Friends of Hurricane Creek
P.O. Box 40836
Tuscaloosa, AL 35404
10/14/08
To the Tuscaloosa City Council,
Please accept the following comments on behalf of Friends of Hurricane Creek and,
John L. Wathen.
The subject of annexation for "Jamestown Villas" located at the end of 6th Street East and Vassie Drive.
We respectfully ask the council to enter these comments for the record.
The annexation should be denied as written for the following reasons...
1. Existing infrastructure will not support the increased traffic. 90 new homes equates to roughly 180 new cars potentially on 6th street at peak times.
A. Transporting of materials into and out of the site on this extremely narrow road will be done in heavy trucks and tractor-trailers. This will cause extreme hazards to local residents and children since there are no sidewalks for pedestrians. Every one is forced to walk in the street, even to check mail. This poses an imminent harm situation for all living there.
2. The existing road, 6th street is under county maintenance and all residents in the Police Jurisdiction (PJ). In order to fairly address the annexation, all residents affected should have been notified by mail of such and given the chance to speak out. The newspaper notices do not adequately describe locations in terms of which neighborhoods will be impacted.
3. The existing road will have to be widened to meet city street width requirements.
“Although we are in the process of amending this, currently, the minimum pavement width is 30 feet from back of curb to back of curb. The right of way widths vary depending on the street classifications.
John McConnell
Deputy Director
Planning & Land Use Controls
City of Tuscaloosa
Office of Planning & Economic Development”
A. Currently none of the streets surrounding this project meet the requirements to be annexed or used for “city streets”.
6Th street measures only an average of about 17 feet throughout.
42Nd street measures only 17 feet
Vassie Dr. only 16’10”
Cumberland Rd at Bay St. only 17’4”
Mailboxes along 6Th St. are on average 19 feet apart across traffic.
None of the existing infrastructure will support this project.
Each resident of ownership living along these streets will have to sell the extra right of way at taxpayer expense. We believe that at no time and under no circumstances should city money be spent to improve infrastructure or assist in any way the facilitation of this private endeavor.
A. The contractor must pay for any right of way purchase for sewer infrastructure and or road improvements.
4. The only means of access to Hwy 216 is over Cumberland Road, which is far more dangerous than even 6th street. It has steep hills with blind curves and very narrow. To increase the flow there by as many as 180 more cars per-day is not only dangerous but also irresponsible.
5. The only means of transporting sewage from this location is with new right of ways and a lift station connected to the "Stone Creek" system. There is no way to do this without complete disturbance of a tributary to Hurricane Creek and the wetlands contained within. Watershed protection needs to be addressed and proper consideration of the loss of habitat.
6. When the "Stone Creek" lines and lift stations were replaced, we were repeatedly assured it was not for future development and would not be tapped for such. We respectfully request that the city honor those statements and deny this annexation based on the same.
7. The sewer lift station and lines are to be built by on-site contractors. Based on the past failures by other such endeavors, we request that each and every step of the construction is supervised and or tested by city employees since they will eventually be held responsible for it's proper function.
Barret Trace, also owned by Mr. Jimmy Burns. Sewer System Overflow 07/24/08
8. This station will be in very close proximity to Hurricane Creek. The lift station should be built to the same model as the main Stone Creek station with overflow holding capacity suitable for holding unavoidable spills.
A. The overflow holding cell should be equipped with "quick fit connections" to allow pumping without coming in contact with raw sewage.
9. Due to it's proximity to Hurricane Creek, extreme measures will have to be taken to assure the federal mandate to reduce pollutants expected with this project such as sedimentation and turbid discharges. Retention ponds will be difficult to install and maintain. The city has a responsibility to reduce the risk of further pollution through sensible planning. In our opinion this will not be feasible to adequately control. If annexed, the city should require minimum impact development techniques. The current slash, burn, and bury techniques will not work here and are a recipe for disaster.
10. This contractor has an abysmal record of environmental non-compliance. FoHC and Hurricane Creekkeeper have been monitoring this contractor since Dec. 07. Hurricane Creekkeeper as well as the Alabama Dep. of Environmental Management have registered several complaints. There has never been a single day of compliance at this location, yet every building inspection was approved, and houses are now for sale that stayed in violation of state and federal laws during their entire construction phase. This poses another problem for us in the PJ. No fines or prosecution of these violations has taken place in the entire history of Tuscaloosa’s storm-water permit that can be found. Many times I have asked for that information from Joe Robinson, Chad Christian, and the mayor and they have all danced around the question without answering.
A. If this annex takes place, no construction should commence until a bond-per-acre is placed on the entire increment. The bond should be sufficient to cover any cost incurred due to environmental non-compliance. In the event of project failure, the bond should be set high enough to totally reclaim the property and return it to a state of compliance.
B. No annexation should be granted until this contractor proves total environmental compliance through inspection. This inspection should be carried out by city engineers and or ADEM and should include every site in Tuscaloosa that is under Burns Construction’s control.
In closing I would like to point out that this is another example of people in the PJ being forced into compliance with the wishes of city leaders we have no voice in electing. We cannot vote for or against this development that will, essentially create an island of "city" property in the midst of our county neighborhood. If this annexation is approved it should at least include the entire area and connect all of 6th street within city limits.
All of the residents should be given the right to say whether they want 90 new houses on their street. A street that in no way will facilitate this venture.
With all due respect, we ask you to deny this annexation.
John L. Wathen
Hurricane Creekkeeper,
Friends of Hurricane Creek
www.hurricanecreek.org
Members of
WATERKEEPER Alliance
www.waterkeeper.org
Who has the authority to say someone else
is not being a good steward of the environment
Anyone who notices
P.O. Box 40836
Tuscaloosa, AL 35404
10/14/08
To the Tuscaloosa City Council,
Please accept the following comments on behalf of Friends of Hurricane Creek and,
John L. Wathen.
The subject of annexation for "Jamestown Villas" located at the end of 6th Street East and Vassie Drive.
We respectfully ask the council to enter these comments for the record.
The annexation should be denied as written for the following reasons...
1. Existing infrastructure will not support the increased traffic. 90 new homes equates to roughly 180 new cars potentially on 6th street at peak times.
A. Transporting of materials into and out of the site on this extremely narrow road will be done in heavy trucks and tractor-trailers. This will cause extreme hazards to local residents and children since there are no sidewalks for pedestrians. Every one is forced to walk in the street, even to check mail. This poses an imminent harm situation for all living there.
2. The existing road, 6th street is under county maintenance and all residents in the Police Jurisdiction (PJ). In order to fairly address the annexation, all residents affected should have been notified by mail of such and given the chance to speak out. The newspaper notices do not adequately describe locations in terms of which neighborhoods will be impacted.
3. The existing road will have to be widened to meet city street width requirements.
“Although we are in the process of amending this, currently, the minimum pavement width is 30 feet from back of curb to back of curb. The right of way widths vary depending on the street classifications.
John McConnell
Deputy Director
Planning & Land Use Controls
City of Tuscaloosa
Office of Planning & Economic Development”
A. Currently none of the streets surrounding this project meet the requirements to be annexed or used for “city streets”.
6Th street measures only an average of about 17 feet throughout.
42Nd street measures only 17 feet
Vassie Dr. only 16’10”
Cumberland Rd at Bay St. only 17’4”
Mailboxes along 6Th St. are on average 19 feet apart across traffic.
None of the existing infrastructure will support this project.
Each resident of ownership living along these streets will have to sell the extra right of way at taxpayer expense. We believe that at no time and under no circumstances should city money be spent to improve infrastructure or assist in any way the facilitation of this private endeavor.
A. The contractor must pay for any right of way purchase for sewer infrastructure and or road improvements.
4. The only means of access to Hwy 216 is over Cumberland Road, which is far more dangerous than even 6th street. It has steep hills with blind curves and very narrow. To increase the flow there by as many as 180 more cars per-day is not only dangerous but also irresponsible.
5. The only means of transporting sewage from this location is with new right of ways and a lift station connected to the "Stone Creek" system. There is no way to do this without complete disturbance of a tributary to Hurricane Creek and the wetlands contained within. Watershed protection needs to be addressed and proper consideration of the loss of habitat.
6. When the "Stone Creek" lines and lift stations were replaced, we were repeatedly assured it was not for future development and would not be tapped for such. We respectfully request that the city honor those statements and deny this annexation based on the same.
7. The sewer lift station and lines are to be built by on-site contractors. Based on the past failures by other such endeavors, we request that each and every step of the construction is supervised and or tested by city employees since they will eventually be held responsible for it's proper function.
Barret Trace, also owned by Mr. Jimmy Burns. Sewer System Overflow 07/24/08
8. This station will be in very close proximity to Hurricane Creek. The lift station should be built to the same model as the main Stone Creek station with overflow holding capacity suitable for holding unavoidable spills.
A. The overflow holding cell should be equipped with "quick fit connections" to allow pumping without coming in contact with raw sewage.
9. Due to it's proximity to Hurricane Creek, extreme measures will have to be taken to assure the federal mandate to reduce pollutants expected with this project such as sedimentation and turbid discharges. Retention ponds will be difficult to install and maintain. The city has a responsibility to reduce the risk of further pollution through sensible planning. In our opinion this will not be feasible to adequately control. If annexed, the city should require minimum impact development techniques. The current slash, burn, and bury techniques will not work here and are a recipe for disaster.
10. This contractor has an abysmal record of environmental non-compliance. FoHC and Hurricane Creekkeeper have been monitoring this contractor since Dec. 07. Hurricane Creekkeeper as well as the Alabama Dep. of Environmental Management have registered several complaints. There has never been a single day of compliance at this location, yet every building inspection was approved, and houses are now for sale that stayed in violation of state and federal laws during their entire construction phase. This poses another problem for us in the PJ. No fines or prosecution of these violations has taken place in the entire history of Tuscaloosa’s storm-water permit that can be found. Many times I have asked for that information from Joe Robinson, Chad Christian, and the mayor and they have all danced around the question without answering.
A. If this annex takes place, no construction should commence until a bond-per-acre is placed on the entire increment. The bond should be sufficient to cover any cost incurred due to environmental non-compliance. In the event of project failure, the bond should be set high enough to totally reclaim the property and return it to a state of compliance.
B. No annexation should be granted until this contractor proves total environmental compliance through inspection. This inspection should be carried out by city engineers and or ADEM and should include every site in Tuscaloosa that is under Burns Construction’s control.
In closing I would like to point out that this is another example of people in the PJ being forced into compliance with the wishes of city leaders we have no voice in electing. We cannot vote for or against this development that will, essentially create an island of "city" property in the midst of our county neighborhood. If this annexation is approved it should at least include the entire area and connect all of 6th street within city limits.
All of the residents should be given the right to say whether they want 90 new houses on their street. A street that in no way will facilitate this venture.
With all due respect, we ask you to deny this annexation.
John L. Wathen
Hurricane Creekkeeper,
Friends of Hurricane Creek
www.hurricanecreek.org
Members of
WATERKEEPER Alliance
www.waterkeeper.org
Who has the authority to say someone else
is not being a good steward of the environment
Anyone who notices
As a follow up to the sewer overflow at Barrett Trace, owned by Mr. Jimmy Burns of Burns Construction, a complaint was filed on 07/24/08 to the city 311 hot line. They called me back an hour or so later and left a message on my cell phone asking me to "see if you can find out who owned the subdivision." The city sewer department went to the site and passed no less than 12 signs with the owners name and contact information on each for sale sign there but they called me to find out who owned it.
The next day I informed Mr. Chad Christian of the situation and he said he would look into it. As it turned out I was informed that since Burns owned it and installed it, he was responsible. Even though it hooked into the city lines, the city refused to act.
It took two more days before anyone responded on the 29th. Raw sewage flowed from Mr. Burns site for at least 5 days unending, and untreated.
Jamestown Villas, Where Tuscaloosa Planned to Fail
Jamestown Villas, (Video) Where Tuscaloosa Planned to Fail
These photos accompany the video below.
Jamestown Villas is a subdivision in the Holt Cottondale area that was in my opinion gerrymandered into the City of Tuscaloosa against the will of every citizen living there.
At the first planning meetings there were many citizens who came out to object but the planners paid them no attention. They did amend the plan to make the owner put in a second entrance to lessen traffic concerns. You see Jamestown Villas now lies in an island of city surrounded by Tuscaloosa County with the exception of a tiny strip of land purchased so the property line would touch the city boundaries. This is according to Webster’s Dictionary…
“gerrymander |_jer__mand_r|
verb [ trans. ] [often as n. ] ( gerrymandering)
manipulate the boundaries of (an electoral constituency) so as to favor one party or class.
• achieve (a result) by such manipulation : a total freedom to gerrymander the results they want.
noun an instance of such a practice.
DERIVATIVES
gerrymanderer |_d__ri_mønd_r_r| noun
ORIGIN early 19th cent.: from the name of Governor Elbridge Gerry of Massachusetts + salamander , from the supposed similarity between a salamander and the shape of a new voting district on a map drawn when he was in office (1812), the creation of which was felt to favor his party: the map (with claws, wings, and fangs added), was published in the Boston Weekly Messenger, with the title The Gerry-Mander.”
In essence Tuscaloosa created an island of voters in a district where not one person could vote. In the police jurisdiction, where Jamestown was located before the gerrymander, we cannot vote in any city process. Not one person who is adversely affected by this could vote for or against any city elected official who ignored this quiet little neighborhood or any city project that could condemn our land.
The streets leading into and out of Jamestown are on average less than 17 feet wide with mailboxes along both sides of the streets. Here is an exert from comments submitted to the city council on 10/14/08…
“A. Currently none of the streets surrounding this project meet the requirements to be annexed or used for “city streets”.
6Th street measures only an average of about 17 feet throughout.
42Nd street measures only 17 feet
Vassie Dr. only 16’10”
Cumberland Rd at Bay St. only 17’4”
Mailboxes along 6Th St. are on average 19 feet apart across traffic.
None of the existing infrastructure will support this project.”
The city ignored this.
The city requirement for streets within the island of now gerrymandered city property must be a minimum of 30 feet curb back to curb back with a right of way on each side wide enough for utilities and sidewalks. None of the streets leading into or out of Jamestown even have sidewalks or covered drainage ditches. What will happen when a city school bus meets a county school bus on a street that is less than the width of the combined buses?
It was estimated that the traffic increase would be about 180 cars a day for a total of 180 cars a day coming out in the morning and then 180 cars coming back in the afternoon. That comes to 360 cars a day, on streets that are less than 17 feet wide, in a neighborhood with no sidewalks, open ditches, and kids walking to and from at all hours of the day. I call this a disaster waiting to happen.
We went further to suggest this…
“Each resident of ownership living along these streets will have to sell the extra right of way at taxpayer expense. We believe that at no time and under no circumstances should city money be spent to improve infrastructure or assist in any way the facilitation of this private endeavor.
A. The contractor must pay for any right of way purchase for sewer infrastructure and or road improvements.
4. The only means of access to Hwy 216 is over Cumberland Road, which is far more dangerous than even 6th street. It has steep hills with blind curves and very narrow. To increase the flow there by as many as 180 more cars per-day is not only dangerous but also irresponsible.”
It is my opinion that the city planned a failure here.
The environmental aspect is another part of Jamestown that is a failure. Steep slopes and extremely erosion prone soil combined with the extensive history of violations by the owner led us to make these comments…
“9. Due to it's proximity to Hurricane Creek, extreme measures will have to be taken to assure the federal mandate to reduce pollutants expected with this project such as sedimentation and turbid discharges. Retention ponds will be difficult to install and maintain. The city has a responsibility to reduce the risk of further pollution through sensible planning. In our opinion this will not be feasible to adequately control. If annexed, the city should require minimum impact development techniques. The current slash, burn, and bury techniques will not work here and are a recipe for disaster.
10. This contractor has an abysmal record of environmental non-compliance. FoHC and Hurricane Creekkeeper have been monitoring this contractor since Dec. 07. Hurricane Creekkeeper as well as the Alabama Dep. of Environmental Management have registered several complaints. There has never been a single day of compliance at this location, yet every building inspection was approved, and houses are now for sale that stayed in violation of state and federal laws during their entire construction phase. This poses another problem for us in the PJ. No fines or prosecution of these violations has taken place in the entire history of Tuscaloosa’s storm-water permit that can be found. Many times I have asked for that information from Joe Robinson, Chad Christian, and the mayor and they have all danced around the question without answering.
A. If this annex takes place, no construction should commence until a bond-per-acre is placed on the entire increment. The bond should be sufficient to cover any cost incurred due to environmental non-compliance. In the event of project failure, the bond should be set high enough to totally reclaim the property and return it to a state of compliance.
B. No annexation should be granted until this contractor proves total environmental compliance through inspection. This inspection should be carried out by city engineers and or ADEM and should include every site in Tuscaloosa that is under Burns Construction’s control.
In closing I would like to point out that this is another example of people in the PJ being forced into compliance with the wishes of city leaders we have no voice in electing. We cannot vote for or against this development that will, essentially create an island of "city" property in the midst of our county neighborhood. If this annexation is approved it should at least include the entire area and connect all of 6th street within city limits.
All of the residents should be given the right to say whether they want 90 new houses on their street. A street that in no way will facilitate this venture.
With all due respect, we ask you to deny this annexation. “
Once again the city refused to listen. Now we have what I can only compare to an ongoing disaster. The steep slopes have indeed, begun to erode huge amounts of silt into the receiving stream just above a private lake. The entire stream is now inundated with mud. It has spread out into the surrounding flood-plane and wetlands. I followed the flow all the way from Jamestown Villas and confirmed the path to Hurricane Creek through Stone Creek. It enters Hurricane Creek directly across from the “Hurricane Creek Park” owned by Tuscaloosa PARA.
All of this could have and should have been prevented. The city engineer, Joe Robinson got up in the council meeting when this was approved and stood up for the owner even though he knew there was a history of non-compliant behavior with him. Mr. Robinson stated on the record that he and his people would remain vigilant in maintaining the environmental controls and prevention. He stated that the large-scale retention pond would hold all the mudflow from entering the stream.
No such vigilance took place. The site is dumping huge amounts of mud into the stream and lake below.
Mr. Chad Christian, city engineer in charge of the cities storm-water program had this to say about Jamestown Villas yesterday…
“John, I personally walked the entire site and perimeter this afternoon. I did see the uncompacted slope over the debris that you refer to below, and this will not be accepted. This area is backed up with a woody debris barrier and a run of silt fence, so erosion should be contained in the near term. Earlier this week I asked the engineer to revisit the BMP plan and to make any recommendations to Mr. Burns needed to ensure and enhance his compliance with ADEM and City regulations. He responded and will be providing me with the deficient areas that were pointed out as well as the improvements needed. While I was on site today, Burns’ crew was mulching with hay a large area that had been seeded. As you have observed, many of the slopes are properly compacted and stabilized with grass. The site work has been phased and roughly 1/3 to 1/2 of the site is still in original pasture grass cover.
In general I think Mr. Burns is trying to do a good job and most of the site is complaint with our regulations, although I cannot speak to compliance with ADEM or County regulations. I will be revisiting the site on Monday to reinspect. I did inspect the offsite lake earlier this week with Bob Tolbert and documented the silt-stained water. This indicated that more should be done to prevent offsite transport of soil (especially silt) and prompted my original call to the engineer."
I did walk the site today in the rain and got some pretty contradictory evidence from what Mr. Christian reported. The silt fence he mentioned is a joke half way planted below some 30 to 40 feet of back-filled red clay laced with tree debris.
Mr. Christian claimed that 1/3 to 1/2 of the site is in the original “pasture grass” Look at the photo taken 08/26/09. There were over 2/3 disturbances then. Since that flight many more acres have been disturbed. In my estimation there is less than 1/4 of the original pasture grassed land left. Everything else is in excavation. A vast portion of the site does not enter the sediment basin Messer’s Robinson and Christian spoke so highly of in the beginning of the project.
Mr. Christian believes this to be phased construction.
“The main difference at Jamestown is phased construction. He is not going to grade the entire site at once which should help tremendously.” (Chad Christian in an e-mail to Hurricane Creekkeeper on 06/11/08.)
I ask you to view the video posted here and tell me what you think about Mr. Christians inspection and “phased construction.”
http://www.youtube.com/watch?v=GJoSgPtcIOc
Tuscaloosa Planned to Fail at Jamestown Villas.
These photos accompany the video below.
Jamestown Villas is a subdivision in the Holt Cottondale area that was in my opinion gerrymandered into the City of Tuscaloosa against the will of every citizen living there.
At the first planning meetings there were many citizens who came out to object but the planners paid them no attention. They did amend the plan to make the owner put in a second entrance to lessen traffic concerns. You see Jamestown Villas now lies in an island of city surrounded by Tuscaloosa County with the exception of a tiny strip of land purchased so the property line would touch the city boundaries. This is according to Webster’s Dictionary…
“gerrymander |_jer__mand_r|
verb [ trans. ] [often as n. ] ( gerrymandering)
manipulate the boundaries of (an electoral constituency) so as to favor one party or class.
• achieve (a result) by such manipulation : a total freedom to gerrymander the results they want.
noun an instance of such a practice.
DERIVATIVES
gerrymanderer |_d__ri_mønd_r_r| noun
ORIGIN early 19th cent.: from the name of Governor Elbridge Gerry of Massachusetts + salamander , from the supposed similarity between a salamander and the shape of a new voting district on a map drawn when he was in office (1812), the creation of which was felt to favor his party: the map (with claws, wings, and fangs added), was published in the Boston Weekly Messenger, with the title The Gerry-Mander.”
In essence Tuscaloosa created an island of voters in a district where not one person could vote. In the police jurisdiction, where Jamestown was located before the gerrymander, we cannot vote in any city process. Not one person who is adversely affected by this could vote for or against any city elected official who ignored this quiet little neighborhood or any city project that could condemn our land.
The streets leading into and out of Jamestown are on average less than 17 feet wide with mailboxes along both sides of the streets. Here is an exert from comments submitted to the city council on 10/14/08…
“A. Currently none of the streets surrounding this project meet the requirements to be annexed or used for “city streets”.
6Th street measures only an average of about 17 feet throughout.
42Nd street measures only 17 feet
Vassie Dr. only 16’10”
Cumberland Rd at Bay St. only 17’4”
Mailboxes along 6Th St. are on average 19 feet apart across traffic.
None of the existing infrastructure will support this project.”
The city ignored this.
The city requirement for streets within the island of now gerrymandered city property must be a minimum of 30 feet curb back to curb back with a right of way on each side wide enough for utilities and sidewalks. None of the streets leading into or out of Jamestown even have sidewalks or covered drainage ditches. What will happen when a city school bus meets a county school bus on a street that is less than the width of the combined buses?
It was estimated that the traffic increase would be about 180 cars a day for a total of 180 cars a day coming out in the morning and then 180 cars coming back in the afternoon. That comes to 360 cars a day, on streets that are less than 17 feet wide, in a neighborhood with no sidewalks, open ditches, and kids walking to and from at all hours of the day. I call this a disaster waiting to happen.
We went further to suggest this…
“Each resident of ownership living along these streets will have to sell the extra right of way at taxpayer expense. We believe that at no time and under no circumstances should city money be spent to improve infrastructure or assist in any way the facilitation of this private endeavor.
A. The contractor must pay for any right of way purchase for sewer infrastructure and or road improvements.
4. The only means of access to Hwy 216 is over Cumberland Road, which is far more dangerous than even 6th street. It has steep hills with blind curves and very narrow. To increase the flow there by as many as 180 more cars per-day is not only dangerous but also irresponsible.”
It is my opinion that the city planned a failure here.
The environmental aspect is another part of Jamestown that is a failure. Steep slopes and extremely erosion prone soil combined with the extensive history of violations by the owner led us to make these comments…
“9. Due to it's proximity to Hurricane Creek, extreme measures will have to be taken to assure the federal mandate to reduce pollutants expected with this project such as sedimentation and turbid discharges. Retention ponds will be difficult to install and maintain. The city has a responsibility to reduce the risk of further pollution through sensible planning. In our opinion this will not be feasible to adequately control. If annexed, the city should require minimum impact development techniques. The current slash, burn, and bury techniques will not work here and are a recipe for disaster.
10. This contractor has an abysmal record of environmental non-compliance. FoHC and Hurricane Creekkeeper have been monitoring this contractor since Dec. 07. Hurricane Creekkeeper as well as the Alabama Dep. of Environmental Management have registered several complaints. There has never been a single day of compliance at this location, yet every building inspection was approved, and houses are now for sale that stayed in violation of state and federal laws during their entire construction phase. This poses another problem for us in the PJ. No fines or prosecution of these violations has taken place in the entire history of Tuscaloosa’s storm-water permit that can be found. Many times I have asked for that information from Joe Robinson, Chad Christian, and the mayor and they have all danced around the question without answering.
A. If this annex takes place, no construction should commence until a bond-per-acre is placed on the entire increment. The bond should be sufficient to cover any cost incurred due to environmental non-compliance. In the event of project failure, the bond should be set high enough to totally reclaim the property and return it to a state of compliance.
B. No annexation should be granted until this contractor proves total environmental compliance through inspection. This inspection should be carried out by city engineers and or ADEM and should include every site in Tuscaloosa that is under Burns Construction’s control.
In closing I would like to point out that this is another example of people in the PJ being forced into compliance with the wishes of city leaders we have no voice in electing. We cannot vote for or against this development that will, essentially create an island of "city" property in the midst of our county neighborhood. If this annexation is approved it should at least include the entire area and connect all of 6th street within city limits.
All of the residents should be given the right to say whether they want 90 new houses on their street. A street that in no way will facilitate this venture.
With all due respect, we ask you to deny this annexation. “
Once again the city refused to listen. Now we have what I can only compare to an ongoing disaster. The steep slopes have indeed, begun to erode huge amounts of silt into the receiving stream just above a private lake. The entire stream is now inundated with mud. It has spread out into the surrounding flood-plane and wetlands. I followed the flow all the way from Jamestown Villas and confirmed the path to Hurricane Creek through Stone Creek. It enters Hurricane Creek directly across from the “Hurricane Creek Park” owned by Tuscaloosa PARA.
All of this could have and should have been prevented. The city engineer, Joe Robinson got up in the council meeting when this was approved and stood up for the owner even though he knew there was a history of non-compliant behavior with him. Mr. Robinson stated on the record that he and his people would remain vigilant in maintaining the environmental controls and prevention. He stated that the large-scale retention pond would hold all the mudflow from entering the stream.
No such vigilance took place. The site is dumping huge amounts of mud into the stream and lake below.
Mr. Chad Christian, city engineer in charge of the cities storm-water program had this to say about Jamestown Villas yesterday…
“John, I personally walked the entire site and perimeter this afternoon. I did see the uncompacted slope over the debris that you refer to below, and this will not be accepted. This area is backed up with a woody debris barrier and a run of silt fence, so erosion should be contained in the near term. Earlier this week I asked the engineer to revisit the BMP plan and to make any recommendations to Mr. Burns needed to ensure and enhance his compliance with ADEM and City regulations. He responded and will be providing me with the deficient areas that were pointed out as well as the improvements needed. While I was on site today, Burns’ crew was mulching with hay a large area that had been seeded. As you have observed, many of the slopes are properly compacted and stabilized with grass. The site work has been phased and roughly 1/3 to 1/2 of the site is still in original pasture grass cover.
In general I think Mr. Burns is trying to do a good job and most of the site is complaint with our regulations, although I cannot speak to compliance with ADEM or County regulations. I will be revisiting the site on Monday to reinspect. I did inspect the offsite lake earlier this week with Bob Tolbert and documented the silt-stained water. This indicated that more should be done to prevent offsite transport of soil (especially silt) and prompted my original call to the engineer."
I did walk the site today in the rain and got some pretty contradictory evidence from what Mr. Christian reported. The silt fence he mentioned is a joke half way planted below some 30 to 40 feet of back-filled red clay laced with tree debris.
Mr. Christian claimed that 1/3 to 1/2 of the site is in the original “pasture grass” Look at the photo taken 08/26/09. There were over 2/3 disturbances then. Since that flight many more acres have been disturbed. In my estimation there is less than 1/4 of the original pasture grassed land left. Everything else is in excavation. A vast portion of the site does not enter the sediment basin Messer’s Robinson and Christian spoke so highly of in the beginning of the project.
Mr. Christian believes this to be phased construction.
“The main difference at Jamestown is phased construction. He is not going to grade the entire site at once which should help tremendously.” (Chad Christian in an e-mail to Hurricane Creekkeeper on 06/11/08.)
I ask you to view the video posted here and tell me what you think about Mr. Christians inspection and “phased construction.”
http://www.youtube.com/watch?v=GJoSgPtcIOc
Tuscaloosa Planned to Fail at Jamestown Villas.
Wednesday, September 16, 2009
Jamestown Villas complaint 09.11.09
Citcomp Jamestown Villas 09/11/09
See Photos of Jamestown Villas complaint
Please accept this citizen complaint on behalf of John L. Wathen and Friends of Hurricane Creek.
I was informed today that the Tuscaloosa County inspectors also filed a complaint about this site today with ADEM. So far ADEM has taken no action here or at any of Mr. Burns site in Tuscaloosa County.
This complaint is a follow up to the ongoing violations at Jamestown Villas in Tuscaloosa County on Stone Creek, a tributary of Hurricane Creek.
On 09/11/09, a citizen complaining about off-site run-off coming from Jamestown Villas called me out. Upon arrival I found the following problems.
No NPDES permit or city permits posted.
Off-site sediment coming from Jamestown Villas has all but stopped up the tributary.
Sediment can be seen throughout the wetland area surrounding the creek.
Off-site impact to the Whitley’s lake is devastating the small and beautiful private lake.
Failing silt fences throughout the site.
A vast amount of the site drains directly into the tributary without coming in contact with the retention pond.
The area directly across from the entrance leading to Vassie Drive all drains into the creek with out retention.
A large portion of the site along the Whitley property off Cumberland Rd. drains without retention into the creek behind the huge slope.
Failure to stabilize slopes.
Large cracks can be seen all along the slope leading away from the pond. The drainage from this leads directly into the creek without aid of the retention basin. In my opinion… Imminent failure is only a rainfall or two away. When it does there is no stopping the flow of mud into the creek.
The entire area is doomed to further failure due to poor planning and lack of sound engineering.
The fuel tank mention in prior complaint is still exposed. Excavation close by has left it sitting precariously on the edge.
By piling construction debris and downed brush the operator has in effect dammed up the creek and is using it for a treatment basin.
Piling construction and demolition debris in a stream for the purpose of creating a treatment basin is also a violation of USACE 404 laws.
i. I have photographed roofing material, 2x4s, barbed wire and other assorted items in the fill material in the creek used as a dam.
City engineer Chad Christian sent inspectors to the site recently. I can see very little in the way of improvement. Workers today were trying to use Earth moving equipment in the rain, which will only make things worse with more rain on the way this weekend.
The project should be completely shut down and only repairs to BMPs allowed. The stream must be cleaned out at the road crossing and all slopes stabilized immediately.
Slope grades should be reduced to a 3 to 1 grade to prevent failure.
All of the exposed area should be immediately graded to assure that storm-water passes through the retention pond.
A plan to mitigate the off-site impacts should be presented ASAP.
Jamestown Villas is owned by Jimmy Burns of Burns Construction. His other construction sites in Tuscaloosa present a long history of consistent violations and non-compliant practices. Construction is slow and most sites have some vegetation. It is a fact that in every permitted site he owns, all homes under construction are non-compliant.
See Photos of Jamestown Villas complaint
Please accept this citizen complaint on behalf of John L. Wathen and Friends of Hurricane Creek.
I was informed today that the Tuscaloosa County inspectors also filed a complaint about this site today with ADEM. So far ADEM has taken no action here or at any of Mr. Burns site in Tuscaloosa County.
This complaint is a follow up to the ongoing violations at Jamestown Villas in Tuscaloosa County on Stone Creek, a tributary of Hurricane Creek.
On 09/11/09, a citizen complaining about off-site run-off coming from Jamestown Villas called me out. Upon arrival I found the following problems.
No NPDES permit or city permits posted.
Off-site sediment coming from Jamestown Villas has all but stopped up the tributary.
Sediment can be seen throughout the wetland area surrounding the creek.
Off-site impact to the Whitley’s lake is devastating the small and beautiful private lake.
Failing silt fences throughout the site.
A vast amount of the site drains directly into the tributary without coming in contact with the retention pond.
The area directly across from the entrance leading to Vassie Drive all drains into the creek with out retention.
A large portion of the site along the Whitley property off Cumberland Rd. drains without retention into the creek behind the huge slope.
Failure to stabilize slopes.
Large cracks can be seen all along the slope leading away from the pond. The drainage from this leads directly into the creek without aid of the retention basin. In my opinion… Imminent failure is only a rainfall or two away. When it does there is no stopping the flow of mud into the creek.
The entire area is doomed to further failure due to poor planning and lack of sound engineering.
The fuel tank mention in prior complaint is still exposed. Excavation close by has left it sitting precariously on the edge.
By piling construction debris and downed brush the operator has in effect dammed up the creek and is using it for a treatment basin.
Piling construction and demolition debris in a stream for the purpose of creating a treatment basin is also a violation of USACE 404 laws.
i. I have photographed roofing material, 2x4s, barbed wire and other assorted items in the fill material in the creek used as a dam.
City engineer Chad Christian sent inspectors to the site recently. I can see very little in the way of improvement. Workers today were trying to use Earth moving equipment in the rain, which will only make things worse with more rain on the way this weekend.
The project should be completely shut down and only repairs to BMPs allowed. The stream must be cleaned out at the road crossing and all slopes stabilized immediately.
Slope grades should be reduced to a 3 to 1 grade to prevent failure.
All of the exposed area should be immediately graded to assure that storm-water passes through the retention pond.
A plan to mitigate the off-site impacts should be presented ASAP.
Jamestown Villas is owned by Jimmy Burns of Burns Construction. His other construction sites in Tuscaloosa present a long history of consistent violations and non-compliant practices. Construction is slow and most sites have some vegetation. It is a fact that in every permitted site he owns, all homes under construction are non-compliant.
Tuesday, September 15, 2009
Citizen Complaint Veolia Landfill
Citcomp for Veolia Landfill.
Please accept this citizen complaint on behalf of John L. Wathen, Hurricane Creekkeeper, and Friends of Hurricane Creek. (FoHC)
Longitude= -87.47365951538086
Latitude =33.22863658699034
On 08/26/09 I flew with SouthWings over the Veolia Landfill in Holt Alabama (Veolia ES Eagle Bluff Landfill, inc. Permit # 63-16.) I spotted the following issues at the site.
See photos in next post “Veolia photos”
A large area of the landfill is discharging into Callahan Branch with no retention or treatment of any kind.
Where the old discharge point used to be is now being diverted into a “retention area” not seen in the original permit. It lies along the GM&O RR tracks at the back of the landfill. I can find no standpipe for slow discharge. Instead I found where the pond is flowing out alongside the tracks and then into Hurricane Creek.
From the air I could see what looked like failing BMPs so I went back on 08/30/09 in the rain to ground-truth the site. I found the following issues.
1. Failing BMPs throughout.
2. Nonexistent BMPs in places.
3. Inadequate retention ponds and improperly constructed ponds.
a. It is my belief that no permit modification has occurred allowing the railroad bed to be used as a dam for retention purposes. Standing water will eventually saturate the rail bed and possibly cause it to slump or fail all together. A copy of this report is being sent to the railroad for permission verification.
b. The retention pond on the East slope is not performing properly allowing silt and extreme turbid water to enter a private lake downstream. That lake then discharges directly into Hurricane Creek within the TMDL segment listed for turbidity.
c. The “borrow pit” or soil storage area does not have adequate retention to hold back the volume of area discharging through it. It is only about 25” X 25” and filled to over capacity. There is a breach in the containment due to poorly constructed dam and inadequate size. The breach is allowing all water from the borrow pit to discharge with no treatment into Callahan Branch.
4. Allowed silt and extreme turbid water to escape the site from many locations.
5. Caused offsite siltation at every discharge point.
a. Callahan Branch is inundated with a huge silt deposit that will be impossible to mitigate except through time and nature. Veolia LF should be made to invest in an offsite remediation project in the watershed to mitigate damages.
6. Caused offsite silt deposit in huge amounts into Hurricane Creek, a TMDL stream
listed for turbidity.
This is not the first complaint or comment offered by FoHC at this facility. We commented on the permit renewal stating the same non-compliance issues stated here in this report. ADEM refused to read the comments because they were received late. This was due to my sending the comments to the wrong address at ADEM. The comments sat at ADEM 4 days before anyone walked them across the hall to the right office. Those comments are included with this complaint along with a previous complaint ADEM did nothing about.
This facility is causing extreme siltation and turbidity with every rain event. I have only included the most recent dates here. I have many other photos of this site out of compliance dating back to 2006. I can share these with EPA region 4 if needed via CD.
Please advise us of any action EPA region 4 may take in this matter.
Thank you for your attention to this matter.
Monday, September 14, 2009
Jamestown VIllas Complaint Photos 08.31.09
These photos accompanied the citizen complaint shown below in post entitled "Citizen Complaint Jamestown Villas"
Citizen Complaint Jamestown Villas
Citcomp Jamestown Villas 08.31.09
Please accept this citizen complaint for the record against “Jamestown Villas” of behalf of John L. Wathen, Hurricane Creekkeeper for Friends of Hurricane Creek (FoHC)
Located at the end of 6th Street E. in Tuscaloosa Al.
Longitude= -87.4757194519043 Latitude =33.20874667940322
From I-59 take the HWY 11 exit, University Blvd. Follow HWY 11 into Tuscaloosa and turn right on Crescent Ridge Road. Follow Crescent Ridge Road to 6th St. East on right. Turn right and follow 6th Street E. to the violator’s site.
Since it’s beginning this site has been in significant non-compliance.
No NPDES registration is posted. no approved gravel entrances, failing or non-existent BMPs, and discharging into a TMDL segment of Hurricane Creek, listed for turbidity.
On 08/19/09 I visited the site and found no NPDES posted, no BMPs, no approved gravel entry. These issues were reported to Chad Christian, Tuscaloosa City Engineer listed on the flyer sent out by Tuscaloosa as “Storm Water Hotline” Mr. Christian stated that he contacted Mr. Burns, owner of Jamestown Villas, Covington Villas, Barrett Trace, and Mimosa Park. All of which are consistent violators of the CWA and flagrantly non-compliant with both state and city regulations. The city chose to take no action other than a “courtesy call” to Mr. Burns who stated he was “working with the Friends of Hurricane Creek. Mr. Burns is NOT working with FoHC and is in fact one of the worst-case scenarios in the watershed for consistent violations.
See Photos
On 08/27/09 I flew over the site with SouthWings pilot David Mauritson. The site was obviously failing and causing impacts to “Stone Creek”, a tributary of Hurricane Creek.
From the air I could see silt fences down with siltation leaving the site. It was obvious that the conditions had been failing for some time due to the amount of mud seen outside the silt fences. There was excavation ongoing but no attention was being paid to the failing BMPs.
I could also see a fuel storage tank located just inside the entrance to the left with no containment berm surrounding it as prescribed by law.
I could see from the air that there appeared to be a large deposition of debris in the stream itself.
On 08/28/09, I returned in the rain to ground-truth the site.
I found
1. No NPDES registration posted.
2. No city building permit posted.
3. No approved gravel entrances.
4. Off-site tracking of mud
5. Fuel storage container not protected.
6. Failing BMPs
7. Non-existent BMPs.
8. Offsite siltation in receiving stream.
9. Debris dumped into the receiving stream is a 404 USACE and ADEM violation.
I returned on 08/30/09 right after rain where I found the site had deteriorated even further. I found the following.
1. No NPDES registration posted.
2. No city building permit posted.
3. No approved gravel entrances.
4. Off-site tracking of mud
5. Fuel storage container not protected.
6. Failing BMPs
7. Non-existent BMPs.
8. Offsite siltation in receiving stream.
9. Debris dumped into the receiving stream is a 404 USACE and ADEM violation.
10. Polluted water is bypassing the retention pond due to a breach of containment prior to the retention pond. Water is “piping” along the drainpipes from the pond and flowing along the outside of the pipe allowing silt to be transported to the stream without treatment or retention.
a. A large portion of the site drains away from the retention pond and has bypassed the pond all together.
11. The retention pond itself is filled to capacity already and needs cleaning out.
12. Retention pond standpipe is improperly constructed. Large holes found below the silt line have no protection and the pond is piping along the outside of pipes allowing untreated silt laden water to escape.
13. A very poor standard of care throughout.
This particular site was located in the county until an annexation was approved to bring just the acreage of the Jamestown Villas into the city. The city approved the site disturbance plan and annexation against strong objection from FoHC and the community. City Engineers Joe Robinson and Chad Christian assured FoHC that they would remain “extremely vigilant” in overseeing this project. That has not occurred. Chad Christian has paid the owner one courtesy call that we know of advising him that I had complained. To date, there has been no improvement to the site. In fact it is deteriorating daily and significantly with each rain event. Neither the city nor Mr. Burns seem to be taking this seriously.
For the record…
I walked the entire path of the drainage from Hurricane Creek up Stone Creek to the Jamsetown Villas development. ALL tributaries showed no signs of impact leading me to believe that Jamestown Villas is the largest contributor in the entire Stone Creek drainage system.
This owner is responsible for Covington Villas, Barrett Trace, and Mimosa Park. All of which have been cited by ADEM in the past but to no deterrent value. We believe that ADEM is not taking the violation of regulations requiring the reduction of turbidity into an approved TMDL stream. It should also be mentioned that this site is causing impacts to a publicly owned park held by Tuscaloosa Park and Recreation Authority. This especially sensitive area should be protected better than either ADEM or the city of Tuscaloosa seems able to accomplish. The city storm-water permit has not been modified to accommodate the approved TMDL for Hurricane Creek. We respectfully ask EPA to investigate this and find out why neither ADEM nor Tuscaloosa has taken this TMDL into their permitting.
We respectfully ask EPA Region 4 to oversight this complaint due to ADEM and the city of Tuscaloosa failing to respond in any way that has caused this polluter to come into compliance for years.
Please accept this citizen complaint for the record against “Jamestown Villas” of behalf of John L. Wathen, Hurricane Creekkeeper for Friends of Hurricane Creek (FoHC)
Located at the end of 6th Street E. in Tuscaloosa Al.
Longitude= -87.4757194519043 Latitude =33.20874667940322
From I-59 take the HWY 11 exit, University Blvd. Follow HWY 11 into Tuscaloosa and turn right on Crescent Ridge Road. Follow Crescent Ridge Road to 6th St. East on right. Turn right and follow 6th Street E. to the violator’s site.
Since it’s beginning this site has been in significant non-compliance.
No NPDES registration is posted. no approved gravel entrances, failing or non-existent BMPs, and discharging into a TMDL segment of Hurricane Creek, listed for turbidity.
On 08/19/09 I visited the site and found no NPDES posted, no BMPs, no approved gravel entry. These issues were reported to Chad Christian, Tuscaloosa City Engineer listed on the flyer sent out by Tuscaloosa as “Storm Water Hotline” Mr. Christian stated that he contacted Mr. Burns, owner of Jamestown Villas, Covington Villas, Barrett Trace, and Mimosa Park. All of which are consistent violators of the CWA and flagrantly non-compliant with both state and city regulations. The city chose to take no action other than a “courtesy call” to Mr. Burns who stated he was “working with the Friends of Hurricane Creek. Mr. Burns is NOT working with FoHC and is in fact one of the worst-case scenarios in the watershed for consistent violations.
See Photos
On 08/27/09 I flew over the site with SouthWings pilot David Mauritson. The site was obviously failing and causing impacts to “Stone Creek”, a tributary of Hurricane Creek.
From the air I could see silt fences down with siltation leaving the site. It was obvious that the conditions had been failing for some time due to the amount of mud seen outside the silt fences. There was excavation ongoing but no attention was being paid to the failing BMPs.
I could also see a fuel storage tank located just inside the entrance to the left with no containment berm surrounding it as prescribed by law.
I could see from the air that there appeared to be a large deposition of debris in the stream itself.
On 08/28/09, I returned in the rain to ground-truth the site.
I found
1. No NPDES registration posted.
2. No city building permit posted.
3. No approved gravel entrances.
4. Off-site tracking of mud
5. Fuel storage container not protected.
6. Failing BMPs
7. Non-existent BMPs.
8. Offsite siltation in receiving stream.
9. Debris dumped into the receiving stream is a 404 USACE and ADEM violation.
I returned on 08/30/09 right after rain where I found the site had deteriorated even further. I found the following.
1. No NPDES registration posted.
2. No city building permit posted.
3. No approved gravel entrances.
4. Off-site tracking of mud
5. Fuel storage container not protected.
6. Failing BMPs
7. Non-existent BMPs.
8. Offsite siltation in receiving stream.
9. Debris dumped into the receiving stream is a 404 USACE and ADEM violation.
10. Polluted water is bypassing the retention pond due to a breach of containment prior to the retention pond. Water is “piping” along the drainpipes from the pond and flowing along the outside of the pipe allowing silt to be transported to the stream without treatment or retention.
a. A large portion of the site drains away from the retention pond and has bypassed the pond all together.
11. The retention pond itself is filled to capacity already and needs cleaning out.
12. Retention pond standpipe is improperly constructed. Large holes found below the silt line have no protection and the pond is piping along the outside of pipes allowing untreated silt laden water to escape.
13. A very poor standard of care throughout.
This particular site was located in the county until an annexation was approved to bring just the acreage of the Jamestown Villas into the city. The city approved the site disturbance plan and annexation against strong objection from FoHC and the community. City Engineers Joe Robinson and Chad Christian assured FoHC that they would remain “extremely vigilant” in overseeing this project. That has not occurred. Chad Christian has paid the owner one courtesy call that we know of advising him that I had complained. To date, there has been no improvement to the site. In fact it is deteriorating daily and significantly with each rain event. Neither the city nor Mr. Burns seem to be taking this seriously.
For the record…
I walked the entire path of the drainage from Hurricane Creek up Stone Creek to the Jamsetown Villas development. ALL tributaries showed no signs of impact leading me to believe that Jamestown Villas is the largest contributor in the entire Stone Creek drainage system.
This owner is responsible for Covington Villas, Barrett Trace, and Mimosa Park. All of which have been cited by ADEM in the past but to no deterrent value. We believe that ADEM is not taking the violation of regulations requiring the reduction of turbidity into an approved TMDL stream. It should also be mentioned that this site is causing impacts to a publicly owned park held by Tuscaloosa Park and Recreation Authority. This especially sensitive area should be protected better than either ADEM or the city of Tuscaloosa seems able to accomplish. The city storm-water permit has not been modified to accommodate the approved TMDL for Hurricane Creek. We respectfully ask EPA to investigate this and find out why neither ADEM nor Tuscaloosa has taken this TMDL into their permitting.
We respectfully ask EPA Region 4 to oversight this complaint due to ADEM and the city of Tuscaloosa failing to respond in any way that has caused this polluter to come into compliance for years.
Stormwater Impacts 2008
All photos seen here were taken by John L. Wathen, Hurricane CREEKKEEPER for Friends of Hurricane Creek.
A vast majority of these photos were taken in the 6th district of Tuscaloosa. All are within the city permit jurisdiction. Not one fine has ever been collected from any developer shown here. At least the city can not or will not produce any evidence to the contrary.
It's time for change... It's time to Get The Dirt Out Tuscaloosa!
A vast majority of these photos were taken in the 6th district of Tuscaloosa. All are within the city permit jurisdiction. Not one fine has ever been collected from any developer shown here. At least the city can not or will not produce any evidence to the contrary.
It's time for change... It's time to Get The Dirt Out Tuscaloosa!
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