Get The Dirt Out Tuscaloosa

Environmental Award Presented

2011-11-22T18:41:00.001-06:00

Tuscaloosa News, Business Scene
Environmental Award Presented

11/20/11
The Friends of Hurricane Creek presented its first Environmental Stewardship Award to Opelika-based Scott Bridge Co. for its ecology-minded business practices in the creek area.

The environmental organization presented the award during its annual banquet and awards ceremony on Nov. 10 at Capstone Village on the University of Alabama campus.

“When rebuilding the railroad trestle over Hurricane Creek, Scott Bridge Co. has done an exemplary job of controlling erosion and runoff on their job site,” said Hurricane Creekkeeper John Wathen. “They have gone far beyond the minimum required by the law. In fact, there have been times when the water coming off of the site behind their turbidity curtains has been clearer than the water coming from upstream. Scott Bridge Co. showed up here and right away started not only replacing the bridge but helping storm victims and neighbors. They have shown nothing but the utmost respect for this waterway and our community.”

In addition to the award presentation, there were presentations on the effects of coal mining in Hurricane Creek, as well as a short presentation on the impacts of unrestrained development in the Hurricane Creek watershed. There was an auction of local creek-related artwork to raise money for clean-up efforts.

Alternative Disaster Response

2011-11-21T15:32:00.002-06:00

Alternative Disaster Response

Friends of Hurricane Creek are provided the tools to demonstrate that there is a better way to handle tree debris from storms.
Many thanks to ALTEC Environmental Products for making dreams come true!

We will use a Wood Mizer to mill the trees that are suitable for lumber.

The rest we will use the donated ALTEC DC 1317 chipper to reduce it to useable chips for mulch!

Many thanks to ALTEC for helping us do it right!

Scott Bridge Co. Accepts Stewardship Award

2011-11-12T12:01:00.003-06:00

Steve Gilbert, Scott Bridge Co, addresses FoHC

Scott Bridge Company's Steve Gilbert accepts "Environmental Stewardship Award" from Friends of Hurricane Creek.
The award was given according to John L. Wathen, Hurricane Creekkeeper, for exemplary "Best Management Practices"

Wathen had this to say,
“While rebuilding the railroad trestle over Hurricane Creek, Scott Bridge Company has done an exemplary job of controlling erosion and runoff on their job site. They have gone far beyond the minimum required by the law. In fact, there have been times when the water coming off of the site behind their turbidity curtains has been clearer than the water coming from upstream. Scott Bridge Co. showed up here and right away started not only replacing the bridge but helping storm victims and neighbors. They have shown nothing but the utmost respect for this waterway and our community.”

Friends of Hurricane Creek Honor Ecology-Minded Local Business

2011-11-08T23:17:00.002-06:00

CREEKKEEPER launches new patrol boat

2011-09-28T18:13:00.005-05:00

Some of you remember the tornado of Apr. 27, 2011 when our lives changed forever.

Among the damage was the destruction of my CREEKKEEPER patrol boat. a tree went through one side poking a large hole in the side. Then a bass boat sitting nearby came down on it crushing the hull making a crack about 6 feet long down the side. Needless to say It was irreparable.

Word went out to my fellow WATERKEEPER family and low and behold donations were sent to replace my boat.
Here, ladies and gents is the new and improved patrol boat for Your Hurricane CREEKKEEPER.
Lettering courtesy of Tuscaloosa Sign Co. in the Hurricane Creek Watershed.

It is a 16 foot Wenonah Prospector I found at Terrapin Creek Canoe Rentals. It had a small blemish on the hull where a kayak fell on it. Wait a year and no one will ever see it again, I promise to put more dings in it working for you.

It is lighter than the old boat and a little shorter. The rocker (upward curve in the hull) is almost as extreme as my old Blue Hole making it turn on a dime in rough water.

I can't wait to launch this baby as soon as I get the chance. Anyone up for a paddle trip?

Letters by Tuscaloosa Sign Co. in the Hurricane Creek watershed

Experts say saving your tornado-ravaged yard starts with protecting the soil and damaged trees

2011-08-02T14:15:00.000-05:00

Experts say saving your tornado-ravaged yard starts with protecting the soil and damaged trees

By Mary Jo Modica
Special to The Tuscaloosa News

Published: Sunday, June 19, 2011 at 12:37 p.m.

Last Modified: Sunday, June 19, 2011 at 12:37 p.m.

Rob Crawford is a man with a mission. A member of the International Society of Arborists and a certified consulting arborist specializing in evaluating and preserving large trees, Crawford is a veteran of urban reforestation in post-Katrina Mississippi. He visited Tuscaloosa in mid-May to consult on a restoration plan for the tornado-impacted areas of Hurricane Creek.

One of his goals is to share his experience with urban reforestation.

“As I was driving through town, I realized that this was like no tornado I had ever encountered. The devastation was more like what I had experienced in Mississippi after Katrina. New Orleans received most of its damage from flooding but Mississippi took a direct hit from the wind. I realized that I wanted to share what we learned — the things that went well and those that turned out to be mistakes,” Crawford said.

His advice for homeowners is centered first on protecting and building the soil. To protect the soil and the roots of any trees still remaining and to prepare the ground for future tree and shrub plantings, it is important to keep heavy machinery out of the area or at least off the roots. This will help to avoid compacting the soil and unintentionally removing topsoil while removing tree debris.

“When repairing the hardscape in your yard, avoid cutting into a tree’s roots with an irrigation system or sealing off the roots from water and air by placing a driveway or sidewalk over a portion of the root system,” he advised. “This only serves to weaken the tree.

“The ecosystem that our trees and plants live in begins with a healthy habitat for soil microbes. Mulching creates that habitat. The microbes digest particles of debris making nutrients available to the trees. The best way to ‘feed’ the microbes is with mulch.”

The roots of trees still standing after the storm have been suddenly exposed to the drying effects of direct sunlight. Crawford suggests a 4- to 6-inch layer of mulch to keep the newly exposed soil cool, to add organic matter to the soil and to give trees’ feeder roots a sponge-like, air-filled medium to grow into.

When asked what mulch would be the best for the trees, Crawford recommends “shredded leaves and small branches” but discourages using freshly chipped material.

“Fresh bark, chips and sawdust tie up nitrogen in the soil as they decay,” he said. “Allow chips to compost before using them. Adding a handful of nitrogen fertilizer to the compost will speed the process along.”

He noted that “most trees don’t have a tap root but a root plate. A tree’s root plate is an extensive web of small roots that extends to the drip line of the tree (the edge of its branches), which is often 10 feet or more beyond the trunk. To adequately feed the soil, and in turn the trees and shrubs, it is necessary to apply mulch that far out.”

He advises homeowners not to “get caught up in tree phobia and cut down trees near houses. Any trees still standing are probably strong and healthy. Give them a thick layer of mulch. It is the neglected trees that will become problems.”

He also counsels patience. “It’s human nature to want to make things right, right now. But planting trees and shrubs in the heat of summer is stressful to the plants and requires a great deal of water to get them through to cooler weather.”

Lastly, Crawford encourages people to manage their wood debris wisely. “Getting rid of small branches and limbs may seem like a good idea now, but in the fall you will need to mulch newly planted trees. One of the biggest mistakes we made after Katrina was hauling away all the wood. When fall planting time came, it cost the communities thousands of dollars to mulch the new trees.”

LETTER: Thank you ‘Creek Keeper'

2011-08-02T13:26:00.000-05:00

LETTER: Thank you ‘Creek Keeper'

Published: Thursday, June 23, 2011 at 3:30 a.m.

Last Modified: Wednesday, June 22, 2011 at 7:08 p.m.

Dear Editor: I'd like to express my thanks and best wishes, albeit from afar, to John Watham and the "Friends of Hurricane Creek." Thank goodness for the leadership that John Watham has provided in the past, and is providing now with his thoughtful and caring plan to clean up Hurricane Creek in the aftermath of the April 27 disaster in Tuscaloosa.

His "old school," natural methods clean-up plan is the right thing to do. And it's not surprising he'd organize a plan like that in view of the history of Mr. Watham's "Creek Keeper" efforts and the overall efforts of the "Friends of Hurricane Creek", with their annual creek clean-up weekends.
I'm sending a little extra "Friends" membership donation this time that I know will be put to good use on old Hurricane Creek, the creek I grew up swimming and fishing in during my childhood and teenage days. Just wish I was closer so I could be there with my hip boots and gloves to give a hand.
John L. Wiley, Tuscaloosa native
Newport News, Va.

$650K targeted for creek cleanup

2011-07-07T05:33:00.000-05:00

$650K targeted for creek cleanup

By Tommy Stevenson
Associate Editor

Published: Thursday, July 7, 2011 at 3:30 a.m.

Last Modified: Wednesday, July 6, 2011 at 11:50 p.m.

TUSCALOOSA | Tuscaloosa County will receive nearly $600,000 from the National Resources Conservation Service to clean up creeks clogged by downed trees and other debris from the April 27 tornadoes.

The grant will pay for cleanup in parts of eight creeks at an estimated cost of $648,515. The county will contribute 10 percent, which comes to $64,852, as required by the federal grant.

“This is money that we applied for from the NRCS’s Emergency Watershed Protection program and is specifically aimed at creeks and streams that have been impacted,” County Engineer Bobby Hagler told the Tuscaloosa County Commission, which formally accepted the money at its meeting Wednesday.

Photo copyright by JLW

Hurricane Creekkeeper John Wathen said he was pleased that the county obtained the grant.

“This sounds like real good news, and it looks to me like this is a chance for organizations like ours, which are already working to clean our watershed as much as we can, to partner with the county,” Wathen said.

“I don’t know the details of the grant yet, but it sounds like a good start, especially for some of these creeks that do not have watchdog groups like ours.”

The targeted areas and the estimated costs are:

-- Hurricane Creek at Holt Peterson Road, $188,280;

-- Hanna Mill Creek at Hannah Creek Road, $39,429;

-- Duck Creek at Teal Circle, $48,050;

-- Boone Creek at Bill Lunceford Road, $28,122;

-- Cypress Creek at Martin Luther King Jr. Boulevard, $102,998;

-- Davis Creek at Hannah Creek Road, $128,327;

-- Hogstick Creek at Hannah Creek Road, $75,831.

County Commission Chairman Hardy McCollum said the county’s share of the cost will come out of its emergency fund and speculated that some of it could be deferred until the next fiscal year, which begins Oct 1.

“Like a lot of the damage to our city and county, this is a long-range project and can’t be accomplished overnight,” he said.

Reach Tommy Stevenson at tommy.stevenson@tuscaloosanews.com ore 205-722-0194.

Group wants to be careful clearing Hurricane Creek

2011-06-14T06:47:00.001-05:00

Creekkeeper John Wathen, of the environmental organization Friends of Hurricane Creek, says he wants to clean up Hurricane Creek using “old school” techniques. The cleanup process using a natural method began Saturday and is expected to take at least a year.
Photo John L. Wathen

By Jennie Kushner and Mari Johnson Special to The Tuscaloosa News

Published: Tuesday, June 14, 2011 at 3:30 a.m.

Last Modified: Monday, June 13, 2011 at 11:25 p.m.

Hurricane Creek was a popular recreational area before the tornado. On April 27, it was the final resting place for three of the storm’s victims. Now it’s cluttered with a mangled mobile home, dead trees and piles of debris.

Although the storm swept over Hurricane Creek and stripped its ridges of anything green, new vegetation is growing.

“It’s bent but it’s not broken,” said Creekkeeper John Wathen, of the environmental organization Friends of Hurricane Creek.

He wants to assist the natural process of restoration, not replace it.

“We don’t want to clean it up fast,” Wathen said. “We don’t want the government and FEMA to get involved because if they do, they will bring in machines and destroy everything.”

Wathen plans to use what he calls “old school” techniques, which is why he brought in Russell Freeman, an arborist from Humboldt County, Calif.

Wathen and Freeman worked together on the cleanup of the Gulf Coast after Hurricane Katrina in 2005. Wathen said he knew Freeman was the man for the job because of his expertise in ropes and pulley systems.

“This whole area will look like a spider web,” Wathen said. “We plan to rig ropes in ways to lift the debris out and this way we do not have to use machines. It will be all natural.”

Wathen and Freeman agreed that the trees torn by 100 mph winds can be converted to mulch and lumber.

“Initially people just want to get the debris out, but if you take a step back and look, the trees can be used to restore the community,” Wathen said.

Wathen said 100 cubic yards of mulch purchased commercially typically runs about $1,800, so this process could save taxpayers a lot of money.

The process to clean up Hurricane Creek using a natural method is expected to take at least a year. The process began Saturday at 8 a.m. and will continue each weekend at the creek on Holt Peterson Road, Wathen said.

Volunteers are invited to participate in the clean-up effort. Those wanting to join in should wear closed-toed shoes that can get wet and bring long pants and long-sleeved shirts. Water and snacks will be provided.

No rules cover dealing with asbestos in damaged homes

2011-06-13T06:40:00.000-05:00

Tuscaloosa News

No rules cover dealing with asbestos in damaged homes

State, EPA say that safety rules aren’t necessary

T.R. Pate, a contractor for Tree Farm in Fosters, sprays water on a house on 15th Street to keep asbestos down during demolition on Wednesday. Pate said it makes the process safer for workers and the environment.
Buy Photo Michelle Lepianka Carter | The Tuscaloosa News

By Jason Morton, Staff Writer

Published: Monday, June 13, 2011 at 3:30 a.m.

TUSCALOOSA | The 20 or so damaged homes that Tree Farm contractors have already demolished were given a heavy dousing of water before, during and after demolition.

Facts

About asbestos:

Neither the U.S. Environmental Protection Agency nor the Alabama Department of Environmental Management requires contractors to ensure the safe and proper handling and disposal of asbestos from single-family homes.
The EPA does offer some tips on how to reduce exposure to the known cancer-causing agent. Below is a few of the EPA’s suggestions. The full list can be found here: asbestos/pubs/ashome.html.
- Keep activities to a minimum in any areas with damaged material that may contain asbestos.
- Take precautions to avoid damaging asbestos material.
- Have removal and major repair done by people trained and qualified in handling asbestos. It is highly recommended sampling and minor repair also be done by professionals.
- Don’t dust, sweep or vacuum debris that may contain asbestos.
- Don’t saw, sand, scrape or drill holes in asbestos materials.
- Don’t use abrasive pads or brushes on power strippers to strip wax from asbestos flooring. Never use a power stripper on a dry floor.
- Don’t sand or try to level asbestos flooring or its backing. When asbestos flooring needs replacing, install new floor covering over it, if possible.
- Don’t track material that could contain asbestos through the house. If you cannot avoid walking through the area, have it cleaned with a wet mop. If the material is from a damaged area, or if a large area must be cleaned, call an asbestos professional.

— Source: Environmental Protection Agency

T.R. Pate, who works for the Fosters-based company, said there’s no federal, state or local requirement to spray water on the damaged homes, but he’s doing it for his safety, as well as those of his co-workers and the people still living nearby.

“It’s safe for us and safe for the environment,” Pate said. “It keeps the asbestos down, and there is asbestos everywhere.”

Asbestos, the known carcinogen used as a fire retardant in buildings for almost a decade after it was banned in 1978, is suspected to be present in most of the buildings damaged or destroyed in the April 27 tornado. Hosing down the damaged areas with water is one of the most reliable ways to keep asbestos particulates from circulating through the air.

About 7,000 buildings sustained damage when the EF-4 tornado ripped a 5.9-mile gash through the city. With the dry weather that’s followed, any disturbing of the wreckage can send fine particulates floating in the air for yards.

The danger posed by asbestos was a topic of discussion during last week’s City Council meetings, when Councilwoman Cynthia Almond pressed for answers on who exactly is responsible for ensuring the materials were disposed of properly.

In short, no one.

“It’s something this department has never done,” said John McConnell, director of the city’s Planning and Development Services, which oversees building inspections and construction.

No city department has ever been required to do so.

Federal regulations require asbestos disposal oversight only for commercial, governmental and multi-family buildings, like apartment complexes.

But when it comes to single-family homes, the only guidance offered by regulators are suggestions, said Dawn Harris-Young, spokeswoman for the U.S. Environmental Protection Agency’s Region 4, which oversees Tuscaloosa and the southeastern United States.

The EPA offers suggestions on how to control the airborne spread of the toxin and where it most likely is located inside a home.

Harris-Young said she doesn’t know why single-family homes are not monitored by the EPA for asbestos control and removal.

Locally, the Alabama Department of Environmental Management is responsible for ensuring asbestos is properly handled in commercial, government and multi-family structures

Similarly, ADEM’s rules are directly in line with federal regulations and go no further.

“Single-famly residences are not regulated as part of our asbestos program,” said ADEM spokesman Scott Hughes. “Although handling asbestos at those sites is not regulated, we do recommend that the residents wet the material and use caution when working in those areas.”

Hughes said ADEM paired with the Alabama Department of Public Health on an awareness program on proper ways to handle asbestos and lead in damaged homes.

A small team of ADEM officials was in Tuscaloosa last week checking on debris removal from buildings that fall under the guidelines. The team also offered suggestions on controlling asbestos to those working in single-family home neighborhoods, Hughes said.

“There’s no entity here to make sure we’re doing the right thing,” Richardson said.

City officials said inspectors could enforce rules on handling asbestos, but there would be a required amount of training before enforcement could begin.

Danny Hensley, the operations project manager for the U.S. Army Corps of Engineers, the federal agency overseeing storm debris removal, said the company contracted with the Corps to handle the work is following all safe handling guidelines for asbestos.

The company, Phillips & Jordan of Knoxville, Tenn., has at least one team of asbestos handlers digging through the rubble pushed to the curbside in search of materials that may contain asbestos.

The team is using water to keep the particulates out of the air, but how it is disposing of the materials isn’t clear. Officials at Phillips & Jordan’s temporary office in Tuscaloosa declined to answer questions about its asbestos handling procedures.

John Wathen, a Tuscaloosa-based environmental activist who heads the Friends of Hurricane Creek environmental group, said the lack of rainfall and excessive heat in the area in recent weeks has created dry and brittle construction materials that likely contain asbestos.

It is irresponsible not to have anyone from the city, state or federal governments ensure the material isn’t scattered through the air, he said.

“This stuff was in many, many applications in those homes,” Wathen said. “So to think it’s not readily available in the dust they’re seeing out there now, I think that’s a dangerous proposition.

“It seems ludicrous to me to exclude any building. They were all built during the asbestos era.”

Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-0200.

Alabama Stormwater Partnership responds to Southern storms

2011-05-21T07:23:00.002-05:00

May 16, 2011

Alabama Stormwater Partnership responds to Southern storms

By MAGGIE JARUZEL POTTER
It’s been a fortnight since deadly tornadoes ripped through seven Southern states, and some environmental leaders in the region say the storms’ damage extends beyond the known casualties – hundreds of lives lost and thousands of structures destroyed.

Stormwater runoff is threatening the water quality of Hurricane Creek in the Mobile Bay watershed. Photo John L. Wathen
[view more images of storm damage]

“My fear is that we will rebuild quickly, rather than carefully,” said Casi Callaway, executive director of Mobile Baykeeper. “If we don’t rebuild our critical infrastructures carefully, such as water treatment centers, our hasty action could impact us even harder than the disaster itself.”

Addressing disasters – whether natural or man-made – has become standard practice for Callaway. First, there was Hurricane Katrina in August 2005 in Louisiana and Alabama; then the BP oil spill in the Gulf of Mexico in April 2010; and, most recently, the April 2011 tornadoes and storms, which some are calling Alabama’s “worst natural disaster.”

Callaway clearly remembers flooding from Katrina spreading sewage in all directions, allowing it to seep into the water table in a vast area. Still, municipal leaders did not learn the obvious lesson, she says.

“After Hurricane Katrina, at least one sewage facility was built in the exact same flood zone. We’ve got to do better than that after this disaster.”

Callaway’s Alabama-based environmental group has more than 4,000 members whose shared mission is to protect and restore water quality in the Mobile Bay watershed, which encompasses 65 percent of the land area in Alabama, along with portions of Mississippi, Georgia and Tennessee. This fourth largest watershed in North America is a network of rivers, bays, creeks, bayous, lakes, branches and marshes.

Stormwater runoff in the Mobile Bay watershed, as in other regions in the country, remains one of the top water-quality threats. Since 2007, Mobile Baykeeper has served as coordinator for the Alabama Stormwater Partnership, which addresses runoff issues.

Sediment and nutrient pollution, erosion, and bank collapses from excessive flows – along with low flows during dry weather due to reduced groundwater – all can damage aquatic habitats, cause property losses and endanger drinking water. These problems are being exacerbated by the tremendous runoff from the recent storms, Callaway says.

The Mott Foundation’s Environment program, through its Conservation of Freshwater Ecosystems program area, provides grants in selected areas of North America, including emphasis on portions of the southeastern U.S. because freshwater ecosystems there have high levels of biodiversity.

For several years partnership members have been working to educate residents, developers and legislators about the need to strengthen the state’s current stormwater policy, both the regulations themselves and their implementation and enforcement. Callaway says they are not in line with national standards and do not adequately protect the state’s water resources.

Now, the tornadoes and storms have aggravated statewide threats to clean water supplies and wildlife habitat, she says.

While more than 50 percent of the state’s counties were affected by the storms, the massive devastation could provide the region with an opportunity to step back and rethink the way it handles infrastructure projects, Callaway says.

John L. Wathen agrees. He is the creekkeeper for Hurricane Creek, which is a member of the stormwater partnership. Wathen says the two tornadoes that tore through his small community of Holt (just outside Tuscaloosa, which was one of the hardest-hit areas) destroyed houses, businesses and infrastructure.

An aerial view shows a wide path of destruction from tornadoes [light brown swath near top] in the wake of what is being hailed as Alabama’s “worst natural disaster.” Photo John L. Wathen

Following Hurricane Katrina, Wathen had built a storm shelter for his extended family, which they occupied during the recent tornadoes. When the 57-year-old grandfather stepped out of the shelter, he says, he was shocked. There were empty patches where houses once stood, including his brother’s, and the region’s plentiful timber was gone, leaving a barren landscape. The tornadoes were so strong they sucked the grass out of the ground by the roots and the water from the river.

“We can see more skyline than we ever could before,” Wathen said.

“We don’t know what is in those piles of debris scattered everywhere. It could be anything from dirty diapers to onion peels to metals – and it is all there on the ground and getting into the water supply.”

He says there also is storm-tossed debris in the area’s rivers and creeks. While Wathen has been busy helping with rescue and recovery efforts (undertaken without electricity for a full week), he plans to start collecting water samples this week and is bracing himself for what he might find.

Callaway shares Wathen’s environmental concerns, including distress about the amount of timber that has been lost, thereby reducing the habitat for Alabama’s wildlife. Also, the previously plentiful trees helped with runoff problems, she says, because trees absorb rainwater and store it, which reduces erosion.

“We’ve got to start tightening our stormwater laws and enforcing them across the state,” Callaway said. “We have to do this to keep our drinking water as clean as possible.”

Hurricane Creek Cleanup A Huge Success!

2011-04-09T23:42:00.006-05:00

What A Crew for the 2011

Hurricane Creek Cleanup!

The 2011 annual Hurricane Creek Cleanup came off today without a hitch and a better turnout than anyone expected.

About 60 volunteers showed up to haul trash out of the roadside bushes, ditches and out of the creek, via canoe.

Everyone had a good time, which is mandatory.

Dr. Doug Phillips showed up with his film crew to begin filming for a documentary on Hurricane Creek to air on PBS, Discovering Alabama

Our longest standing member and benefactor, Mr. Jimmy Watson was on hand to help us out also. Mr. Watson and his wife own the land on which we stage the event and host many events throughout the year. He was interviewed for the documentary and got to tell our favorite fish story about Hurricane Creek and the old Keene Mill. ( I can't tell it like Jimmy so you will have to tune when released, date will be announced on our web site.)

It was great to see a lot of our old friends show up but even more exciting was the number of new and youthful faces this year.

Dr. Julia Cherry heads up New College at the University of Alabama and has been a tremendous asset to the group by inspiring the students to take projects on the creek for research and training.

It has always been a conviction of mine that the youth of America is where the salvation of the American environment lies if it is possible. It will be up to the next generation to put into action a new way of thinking about our planet. That is why it is so fulfilling to me to see so many who come back with new friends.

A cleanup or any organization is only as good as the people who support the effort. I am very proud to work for a board of directors who not only support the work on the creek but they also support the events in a big way.

Without a doubt, the volunteer of the day award, if we had one, would go to Mike Johns, our board president's husband. No one worked harder or with a bigger grin than he!

Complaint cites negligence by developer, ADEM, and EPA

2011-01-02T14:27:00.003-06:00

To: EPA Region 4
Attn: Mr. Jim Giattina,

Mr. Giattina,
Follow-up inspection WITHOUT prior notification to the developer at Jamestown Villas is required at this point. If you will not call them first and tell them you are coming the inspection will show significant violations that were present at the last visit and some more than a year old.

In my last correspondence with EPA, I pointed out that Mr. Tracy Chriss had certified the site WAS in compliance. I have since demonstrated that it is in fact still in the same state it was when Don Joe was here. The only exception is that more acreage has been disturbed. Has EPA taken steps to begin an investigation of possible fraud by Mr. Chriss? If not why? I am including PDF documentation of the condition here before the time of Mr. Chriss's letter immediately after and current. None of the conditions of concern have been met that I can see. This PDF only includes one specific fence but it shows the degree of both neglect and in my opinion misrepresentation by Mr. Chriss of total compliance.

Since this case first opened in 2008, I have demonstrated with color photos, video, and media coverage that Jamestown Villas is not and has never been in compliance. There is a civil case against the developer and inspection reports from both EPA and ADEM that prove non-compliant behavior on the part of Jimmie Burns Construction at Jamestown Villas. With all of the overwhelming evidence that supports my claim, I have to ask you why a single letter from field representative Tracy Chriss, not even credentialed as a QCP, is taken for the exoneration for all of my complaints? It appears that EPA and ADEM take the word of companies who are paid to make the developer look good over facts submitted by your own agency, ADEM, and me as a downstream impacted resident. I find this to be completely unacceptable.
If my evidence is in question, please state which documentation you need to have qualified, I have literally hundreds, possibly thousands of photos I can submit. I can get a number of residents surrounding the site to testify as to the validity of my claims yet the letter from Mr. Chriss seems to bear more validity that the hundreds of photos and video I have submitted since this began in 2008.

Two E-mails will follow this one with separate PDF documentation of the site as it exists today. 01/02/11. (seen here as slideshows below)
12/31/10

01/01/11

I now respectfully ask that someone from EPA criminal investigations look into this and contact me at all due haste. I can be reached here at this e-mail or my phone is 205-233-1689.

Can you explain why compliance tracking is turned off in ECHO for this violator?

Under environmental conditions it states that the discharge is not into an impaired stream. This is a false statement. The turbidity impairment in the EPA approved TMDL for Hurricane Creek covers the entire watershed. This needs revised to show the true nature of this violation. It is an impaired stream, the violations are persistent and ongoing, EPA and ADEM are less than diligent if you do not acknowledge this fact.

Environmental Conditions
ALR16ECN5

Case Number:    04-2010-4760
Case Name:    BURNS CONSTRUCTION CO, INC. - JAMESTOWN VILLAS
Case Type:    Administrative - Formal    Result of Voluntary Disclosure?    No
Case Status:    Final Order Issued    Multi-media Case?    No
Regional Docket Number:    CWA-04-2010-4760    Enforcement Type:    CWA 309A AO For Compliance
Relief Sought:    No Data    Violations:    Violation Of A Permit Requirement
Enforcement Outcome:    Unilateral Administrative Order Without Adjudication
Since this lies in an impoverished neighborhood with a majority of people of color, (Holt, Cottondale) it is an EJ district and should be acknowledged in this section.
Demographic Profile of Surrounding Area (3 Miles)
Radius of Area:    N/A    Land Area:    N/A    Households in area:    N/A
- No data records returned.

This site is and has been out of compliance since the first day. An order with no penalty that was issued for the flagrant violator found at JTV is only an invitation to continue the improper activity.

JTV is only one of many polluters in this impaired watershed who daily break the law and get away with it due to lack of diligent enforcement by EPA region 4. I truly believe that in stormwater issues, ADEM is a failure. It is EPAs obligation to uphold the law when the state agency is and has been proven less than diligent. I believe I have met that requirement many times in the Hurricane Creek (TMDL) watershed.

EPA regards this as a "Minor" source. It is NOT minor when it drains polluted water into a TMDL protected stream with no compliance for over 2 years every day under ADEM and EPA negligence.

ADEM rep. Chip Crockett recently told me that ADEM "is not going to spend any more resources at JTV since you have called in EPA". Is EPA going to apply a penalty and or cease and desist that will deter this polluter from flagrantly ignoring the law and further damaging a protected stream... If not, why?

John L. Wathen
Hurricane CREEKKEEPER
Friends of Hurricane Creek

Members of
WATERKEEPER Alliance

Who has the authority to say someone else is not being a good steward of the environment?

Anyone who notices.

Bye Bye By-Pass?

2010-12-30T09:20:00.000-06:00

EDITORIAL: Cutting pork is a necessary sacrifice

Published: Wednesday, December 29, 2010 at 3:30 a.m.
Last Modified: Wednesday, December 29, 2010 at 1:27 a.m.

Some Democrats will no doubt delight that spending cuts are hitting top Republicans right along with Democrats. And fiscal policies are costing red states money.

Our own Republican U.S. Sen. Richard Shelby, one of the kings of the earmark, had sizeable pieces of pork carved out for his home state and his hometown of Tuscaloosa. Shelby has a reputation of bringing home the bacon for Tuscaloosa. With the withdrawal of the Democrats' spending bill that included $8.3 billion in earmarks, Tuscaloosa may well have to look to its many famous barbecue restaurants for pork.

Shelby, of course, is never done until the fat lady sings. Whether a new spending bill will emerge from the Senate without the blemish of earmarks as promised will be determined once the legislative work is done. The senator didn't arrive inside the beltway by falling off a turnip truck.

But fiscal responsibility won't return to the federal government without some sacrifice. Fingers can point in many directions when talk turns to out-of-control federal spending. But until the taxpayers are willing to accept spending cuts and the loss that goes along with it, federal spending will remain out of control.

The federal system anticipates government administered at different levels. Federal, state and local government all have their roles. Part of the country's financial problems stem from the federal government assuming responsibility for projects more appropriately left to state or local governments.

Government spending should benefit the common good. At a local level, that means that every citizen in a town or country could potentially benefit from a project funded there. In truth, it may benefit some residents more than others, but it should always fit into a larger picture.

The same holds true at the federal level. While an interstate project may benefit a local community, it becomes part of an entire highway system. And it should be judged on its merits as a part of the interstate highway system.

For too long, projects that have little benefit outside the locales where they are built or funded have flourished on earmarks. Senators and Congressmen await the time when they have enough seniority and clout to cash in chits for pork. Once in the pork barrel driver's seat, they loathe to relinquish power.

But the cycle must be broken at some point, and the country's mood has never been more receptive than now. Curtailing earmarks won't solve all of the country's financial problems. But it is a logical step and one that has symbolic significance as well.

If the public isn't willing to allow Congress to cut pet projects from the budget, Congress must look elsewhere to strike a better balance between spending and revenue. The public could well be asked to consider a choice between pet projects and higher taxes. And the latter is never popular.

CREEKKEEPER Receives "Golden Horse's Ass"

2010-12-16T17:42:00.000-06:00

CREEKKEEPER Receives "Golden Horse's Ass"

John Hagood, ADEM attorney, was the only real friend I had at the Alabama Department of Environmental Maniacs. He resigned for another job.

Before he left, he bestowed a few awards to some of his "most memorable contacts" from both industry and environmental views.

Mike Mullen, Choctawhatchee RIVERKEEPER and
John L. Wathen, Hurricane CREEKKEEPER
were both awarded the
"Golden Horse's Ass" for environmental advocacy.

"They are the agents of change"
(John Hagood)

Final Comments for Eastern Bypass, by FoHC

2010-12-07T17:15:00.004-06:00

(From the editor, Feel free to use these comments for a template and send your own comments to rowed@dot.state.al.us L. Dee Rowe, ALDOT 5th division before Dec. 19, 2010. Be sure and copy Lynne Urquhart Federal Highway Administration Lynne.Urquhart@fhwa.dot.gov Also, Mark Bartlett Mark.Bartlett@dot.gov )

To: L. Dee Rowe, Division Engineer
Alabama Department of Transportation
P.O. Box 70070
Tuscaloosa, Al 35407-0070
12/08/10
Comments of:
John L. Wathen, Hurricane CREEKKEEPER, and
Friends of Hurricane Creek

We were very frustrated with the October 26, 2010 "Design Hearing" discussing the Eastern Bypass. By placing the maps some 30 feet apart, the set-up made it impossible for the community to be together to hear and discuss the issues and problems concerning the selected corridor. The DOT representatives at each map location seemed evasive at times and did not fully answer all questions, oftentimes deferring the questions to other individuals who were not present. This led to people from ALDOT walking around asking questions of each other wasting valuable time. It never seemed that the purpose of the ALDOT "hearing" was to hear any of our comments.

A hearing is where people hear the project described, ask questions and get answers. A hearing is where people can give comment and publicly exchange information with the community. ALDOT employees often turned their backs on the community to talk to individuals about touchy subjects while crowds were left watching their backs and not HEARING a word of their neighbors concerns!

The stenographer recording comment was in the foyer with no sign or information visible showing where it was. Many voiced concerns about not being able to comment. ALDOT provided a piece of paper in the back of the handout with 6 lines on it double-spaced. No arrangements for on-line comments were made.

We have been disappointed many times in the past with ALDOT's seeming lack of interest in the community's need to protect our watershed. We remember the Hwy 216 bridge replacement. In the words of Paul Bowlin DOT Director, “We know that the 216 project was a disaster. We screwed up.”

In regards to the Eastern Bypass, first, a reevaluation of the Environmental Impact Study must be completed in the form of a supplemental EIS. A reevaluation of the entire project must be completed if major steps have not occurred within three years after the approval of the final EIS. 23 CFR 771.129. In this case, the final EIS was signed in January of 1999 and major steps such as gaining authority to buy significant right-of-way, or approving final plans have not taken place. A comprehensive reevaluation of the entire EIS must be completed, especially considering that the original EIS does not include indirect or cumulative impacts.

Further, there is overwhelming evidence that the Environmental Impact Study (EIS) is seriously flawed. Indeed, a commentary in the Tuscaloosa News by the Chairman of the Department of Geological Sciences at the University of Alabama pointed out numerous flaws in the original EIS. The decision to place such a large-scale project in such a sensitive area cannot be made without a complete and accurate survey. It is not sufficient to merely respond that the EIS "already has been approved." Alabama deserves better than to be singled out by the National Sierra Club as having one of the worst transportation projects in the country.

Time after time, we have pointed out that the current EIS is flawed and incomplete at best. There are plants located in the path of this road which have been documented as two of the most rare in the state. They are not listed in the EIS. There is the possibility of significant archaeological sites of interest in the area. In contrast with previous studies, a recent archaeology study done in the 70 or so acres in the “M” Bend Park showed significant cultural inhabitants.

In the 1998 EIS, ALDOT surveys missed 27 abandoned underground coal mine entrances in less than 1/2 mile of the corridor. They were obviously visible when ADIR abandoned mine expert Larry Barwick visited the site. There are many more yet disclosed in the “M” Bend Park area. ALDOT surveys were proven flawed on many levels. The document is well over 20 years old.

We need to know what exactly is going to be destroyed. A wildflower recovery should be implemented to insure propagation of these displaced species. A complete and independent survey is called for and it must cover all impacted species.

         1. Surveys associated with the original EIS were severely flawed and mislead the public into believing the simplicity of building in this location and in this manner.

i.     A recent archaeological survey by University of Alabama archaeologists showed many sites of significance which were denied by ALDOT in the first EIS.
ii.     Biological surveys were proven false with the identification of rare and endangered species of fauna.
iii.     Geological surveys were proven false with the identification of at least 27 abandoned coal mine entrances directly in the corridor that were denied by ALDOT in the first EIS. New entrances have been found within the PARA land since.
iv.     These deficiencies on the original surveys suggest that the entire document is flawed and needs to be redone regardless of age.

There have been changes in the laws requiring a “Cumulative Growth Study” (“CGS”) and an “Environmental Impact Study” based on the CGS. This must be done.

Our concerns for this project do not start and stop with the “M” Bend. The entire corridor from just South of Crescent Ridge Road to the I-59 connection is in the TMDL protected segment of Hurricane Creek. Multiple wetlands will be disturbed in the Cottondale Creek watershed where flooding is already a problem. ALDOT should prove that they can maintain a 0 net gain increase in both storm-water flow and turbidity. Road shoulders should be of pervious surface to allow more absorption into the ground.

We believe that the mindset of ALDOT is that the Bypass route is already set and not subject to further modification. The current plan only serves political goals, not the best interests of the citizens of Tuscaloosa. We therefore strongly urge you to consider the following recommendations for the proposed Bypass. If you decline to incorporate these recommendations, we request that you provide us the reasoning behind that decision.

Recommendations for the proposed by-pass:

The most recent ground-up technology must be employed to construct the piers and spans that cross the creek. The current push and bury technique will not work in this sensitive area. Mr. David Kemp of the Tuscaloosa ALDOT office suggested it and we agree that it is the best approach to this area. No disturbance of the existing banks should be allowed. All piers should be placed well above the banks to facilitate game crossing.

The actual construction of the bridges in either location should reflect the beauty of the region. Instead of a monolithic slab construction, we would like to see a steel web and brace style four-lane mono-bridge, such as you see in the Appalachian region of West Virginia. A typical construction of two abutments, two pillars, and three spans with radius arches would allow for greater distance between disturbed areas along the creek. This would allow the banks of the creek to remain intact and act as a buffer zone.

The entire length of the corridor should be fenced to prevent game from wandering into traffic and also to control access to the creek by off road vehicles. All bridges should be fenced with in-curving tops to reduce blowing litter from entering waterways. Litter collection devices in the drain system need to be installed and a budget set aside for maintenance in the future.

An undisturbed game corridor should be left intact along the creek to encourage wildlife to cross under bridges and away from traffic danger zones. This will prevent needless deaths to the wildlife and reduce the number of animal related accidents.

Radius span construction will allow the natural flora and fauna to remain as the backdrop for a work of art instead of the tons and tons of rip-pap that will be needed to stabilize the banks if denuded. Also it would act as a game corridor to allow deer and other animals to travel the banks, as is their nature. The only wildlife that can flourish in the huge riprap piles is rodents and reptiles. Deer and other four-legged wildlife cannot cross the rocks without injury. In fact the deer will not even attempt to cross under the bridge but instead it will try to cross over the bridge where they become a traffic hazard.

Erosion will be a very serious concern with this project. Hurricane Creek was listed on the EPA 303(d) list of impaired streams for the very pollutants that will be discharged during construction of these five bridges and connecting roads. There is now a Total Maximum Daily Load assessment (TMDL) that requires a 32% reduction in turbidity and 87% reduction for Iron. Both will be problematic in this area due to topography and abandoned coalmines found throughout the corridor.

ALDOT should maintain less than 20 acres of disturbed area at any one time. This means that disturbed areas will have to achieve a stable condition of reclamation before further disturbance can begin. We are deeply concerned about this requirement since ALDOT demonstrated on Buttermilk Road that it cannot control sedimentation in 25-acre increments.

No slope grade should exceed 3:1 throughout the project. The slopes on Buttermilk road failed early in the project and remained sources of erosion for the life of the project despite promises of repairs from ALDOT project supervisors. Slope grades above 3:1 cause problems during construction due to erosion. After construction they create problems for grass cutting and maintenance. Machines tear larges patches of grass out causing erosion and accidents due to tipping over.

The chosen corridor is inadequate to install retention ponds needed to contain the expected runoff from the site. Because of the adjacent streams and the steep nature of the terrain a comprehensive containment program must be included. This containment program must be implemented PRIOR TO ANY EXCAVATION to adhere to the reduction required in the TMDL approved for Hurricane Creek. The segments selected by ALDOT for the Eastern By-pass all lie within the Hurricane Creek watershed considered by EPA as a “priority stream”.

According to Geological Survey of Alabama (GSA) the fish count below Cottondale Creek is in decline. Above Cottondale Creek the count is improving. This is due to the impacts of irresponsible developers, poor planning, and, in part, ALDOT construction on Buttermilk Road and I-59. Use of polyacrylamides (PAM) should be held to a minimum and, if used, should be limited to only those PAMs approved for aquatic life. The TMDL requires a 32% reduction in turbidity, with which ALDOT will not be able to comply. Alternate routes would alleviate this concern altogether for this segment.

FoHC would entertain an action by ALDOT whereby it (ALDOT) would purchase other lands to offset the loss of this pristine section of Hurricane Creek. ALDOT will have to buy stream bank mitigation acreage during the Corps of Engineers permitting process. Those acres should be purchased in another part of the Hurricane Creek watershed and set aside in perpetuity as natural areas, wildlife preserves, and or public use areas.

The abandoned mines in the path are especially problematic to this project because of the extremely acidic nature of the coal contained within. With no room for retention ponds there is no way to treat the runoff before it reaches Hurricane Creek.

Larry Barwick ADIR inspects abandoned coal mine

This is an extremely fragile ecosystem on the EPA 303 list of impaired streams with an approved TMDL for Iron associated with coal mining. Therefore we respectfully ask that A.D.I.R. supervise the extraction of the coal and approve the method of removal of acid from runoff water.

NO mine waste should ever be used for stabilization. Currently materials coming from the Bunn operation at the Tuscaloosa Resources coal strip mine contain silicates and Iron that is released when exposed to weather. Only limestone should be used and that in very limited quantities during construction and removed after completion.

Along with the coal mines there is the problem of blasting the rock formations.
With the close proximity of residences in the area and the underlying mines throughout the area, there is a significant chance of damage to homes along the ridge.

Residents in the area have been advised to do a pre-blast survey of their homes to be used to prove damage during construction. ALDOT needs to assure the community of their intent to compensate them for damages. Use of hydraulic track hammers to break up the rock would be preferred.

During every season of the year people use this section of Hurricane Creek extensively. In high water canoes and kayaks will be in great danger under the bridges during construction. Safety netting should be extended at least 15 feet out and under the construction over every stream crossing to ensure no construction debris falls on someone.

At the recent so-called hearing, David Kemp, ALDOT, repeatedly stated that the road would be elevated to help protect the “M” Bend Park area. The drawings clearly showed benched terraces through the hills there. In the past, however, we were told the road would be excavated 60 feet into the mountain to address noise in Summerfield. Which is it?

We prefer an elevated roadway with energy diverting downspout storm water control measures.

The current map shows a third bridge on the Green Acres side that serves as an off ramp for Hwy. 216. A cloverleaf type off ramp after crossing the creek will eliminate the need for that third and costly bridge and cause less impact to Hurricane Creek and result in savings for taxpayers.

In conclusion, an alternate route will result in fewer bridges and secondary roads than shown on the current map. Altogether the change of route will save the taxpayers 50 million dollars due to the lack of need for 5 bridges over Hurricane Creek alone. This would be a huge savings to the taxpayers and would involve less residential displacement.

Since there is no “access road” included in the corridor plans through the “M” Bend Park, the bridges will have to be built first just to get equipment into the construction area. This is going to be an added expense of which ALDOT has not informed the public.

The chosen route will cause extensive residential displacement in this community. Virtually the entire community of Green Acres will be wiped out with the exception of a few houses left on a dead-end road with several secondary roads having to be built in order to allow access to homes left virtually under the bridges.

An alternate route will be less problematic and less costly to implement due to less residential displacement on both sides of the project.

Current landowners should be paid the maximum allowable under the law for having to be displaced. Landowners should be compensated for both the cost of replacing their homes and the cost of relocating, and not what ALDOT estimators consider to be “fair market value”. Holt and Cottondale lie in economically distressed areas where the threat of this project has degraded the property values for years. Moving out of the way of the corridor will be far more costly than the “value” of the devalued home. ALDOT must pay ALL incurred costs for residential displacement.

ALDOT must allow a timely relocation of residences in the corridor. Finding homes for these people will be a time consuming process and ALDOT must allow that time. The economy could not be worse for relocation at this time.

a. An alternate route will decrease the number of residentially displaced families and reduce the cost to the taxpayers and allow established families to remain on their land.

An alternate route will be more cost effective, less damaging to the fragile ecosystem of Hurricane Creek, cause less residential displacement, cause less damage due to blasting, and cause less concern over environmental issues, and will result as well in huge savings to the taxpayers of Alabama.

It is the final opinion of the Friends of Hurricane Creek that this project is far too problematic and costly to be seen as feasible.

Respectfully submitted,

Laurie P. Johns, President, Friends of Hurricane Creek
John L. Wathen, Hurricane Creekkeeper

Camden Lake Complaint 11/19/10

2010-11-20T06:05:00.000-06:00

Please accept the following complaint on behalf of John L. Wathen, Hurricane Creekkeeper and Friends of Hurricane Creek.

This is a large file so I will break it down into 3 separate e-mails.

On 08.19.09, BGD, Camden Lake. NPDES # ALR 16B471 was cited for violating the consent order issued by ADEM. In this order BGD agrees to “ensure immediate and future compliance with AWPCA, applicable ADEM Regulations. This is not the case. BDG is now in significant non-compliance with the order and CWA standards. It is our belief that few of the benchmark dates for compliance have been met. We also believe that ADEM is negligent in their duties to follow up and ensure compliance.

Today the conditions remain mostly unchanged. While there is a better overall appearance for the subdivision, there are still major problems that have never been addressed and still today cause turbid runoff.

It is my opinion that the better appearance is due to the fact that there are fewer houses under construction. The ones that have been built to completion were done so in uniform significant non-compliance and no action from either ADEM or Tuscaloosa City.
(SEE ENCLOSED PDFs FOR PHOTOS)

The newest Platt map shows permanent and temporary vegetation on all slopes. There is some grass on slopes but hardly consistent and not at all complete permanent cover.
(photos A-1 thru A-4)
(B-1,2,8,&10)
(C-1,2,6,7,&8)
(D-3,4,&7)
(E- 9,10, 12,)

The new Platt map shows the Camden Lake to be a sediment basin. We have repeatedly pointed out that the lake is not a sediment basin and is not constructed to serve that purpose. (E-2, A1_4)
The lake is, in fact located in a watershed lake that was once a fishing pond known to locals and landowners prior to its destruction. It was a beaver established lake with a long history of good water and good fishing. (SEEN BELOW)

A sediment basin is constructed with a stand-pipe that forces storm surge to accumulate in the pond before overflowing. Camden Lake has a continuous overflow, as natural lakes do. The spillway is not constructed as to force any retention time for storm surge from the sites.

Williamsburg, and Abbey Trace both have properly constructed sediment basins on their sites. They can be seen under construction in the 06 aerials.

Camden Lake development, by contrast has no approved sediment basin anywhere on the site. Large areas of the road leading into the development drain directly into the unnamed tributary with no contact with even the lake.

Camden Lake is operating without retention facilities and with ADEM approval. In-stream treatment of pollutants is prohibited by the CWA.

There are no homebuilder sites under construction at either Abbey Trace or Williamsburg. There are some issues at Williamsburg that I will send as a separate complaint but it safe to say that MOST if not all turbidity seen in the in-stream Camden Lake and the creek below are in fact from BGD, Camden Lake Subdivision and poor standard of care.

On several occasions recently I have visited the site and found the same poor standard of care as in the beginning. There are only one or two houses are being built at a time but ALL have been built with bad or non-existent BMPs for a 100% failure rate.

Bare slopes surround the entire development site in large patches. Erosion is evident throughout. It seems that most of the grass used to vegetate the slopes was temporary and not maintained. Slopes we have pointed out along the lake are still eroding into the lake just above the overflow into the creek.
(A1,THRU4)
(B 1,2 &10)
(C- 1, 2, 6, 7, &9)
(D- 3&7)
(E- 2, 6, 9, 10, &12)

House construction sites have minimal and poorly placed BMPs at best. None that I have seen were installed properly or maintained after installation.
(A-1 THRU 4)
(B- 2,3, &4)
(C- 2, 3, 4, 8, & 9)

Drains are not covered directly in line with failing or non-existent BMPs and eroded slopes.

(A- 1-4)

(B- (B- 2, 3, &4)

(C- 1, 2, & 8)

(D- 4, &7)

(E- 2 ,6, 9, 10, &12)

On lot 31 there has been a ditch dug to run storm-water off the back of the site where the creek is. No BMPs exist.
(C-8 &9)
(D-2 &6)
(E- 5 &7)

Concrete trucks routinely wash out chutes in the grass and track mud into the streets. No facility has been constructed for this purpose.
(C-8)
(D- 4, 5, &7)

(E-

No approved gravel entrances to construction areas.
(A –1-4)
(B- 3, &4)
(C- 3, &8)
(D- 4 &5)

The pavement is in bad condition and in need of completing. The potholes are allowing pavement debris to accumulate in the street, gutters, and in the unnamed tributary to Cottondale Creek. Sidewalks along this stretch are eroding and without proper vegetation. Mud from here runs unchecked to the drains leading directly into the creek, bypassing the in-stream lake. The worst of the eroding pavement and sidewalk is on Mary Ford Blvd. where the drains run directly into the creek, not into the in-stream lake being used improperly as a sediment trap.
(B-5 THRU 10)

This site has been repeatedly reprimanded and ordered to reach compliance. It has not and never has seen total compliance yet all reports sent in by their engineers state otherwise. We have repeatedly proven that the reports here and at many others were not accurate at best. We would like to see EPA take a serious look at the engineers who knowingly sign off on these failing sites. If EPA looks closely at the most problematic sites in the Hurricane Creek watershed, you will find the same people signing off on failing permits. If there are criminal charges that EPA can file, then by all means it should.

John L. Wathen
Hurricane Creekkeeper,
Friends of Hurricane Creek

Members of
WATERKEEPER Alliance
http://www.waterkeeper.org

Who has the authority to say someone else
is not being a good steward of the environment?

Anyone who notices.

ALDOT, Citizen Complaint to EPA 11/02/10

2010-11-02T10:15:00.001-05:00

Please accept the following complaint filed on behalf of Friends of Hurricane Creek and Hurricane CREEKKEEPER against Alabama Dep. of Transportation. (ALDOT)

This situation began years ago when ALDOT replaced the bridge at Hwy 216 in Tuscaloosa County.
ALDOT created a road into private property without permission of the property owner. A gate was destroyed allowing illegal entrance to the property for over 10 years. This has created an area of trash, litter and erosion of ALDOT right of way.

We have spoken with ALDOT about this situation many times only to be met with empty promises and more pollution.

The right of way in question is far beyond the normal right of way width. It should have been remanded to the property owner when abandoned by ALDOT. They have stubbornly refused to allow the owners to make improvements to stop the erosion across their adjacent property.

Deep rills and erosion gullies get worse with every rain event. ALDOT has refused to block off the illegal entrance they created so the entire responsibility for this problem lies with them.

This illegal road drains directly into a segment of Hurricane Creek protected by TMDL as it has for over 10 years of this discharge. I have included photos from as far back as 2007. We have many more.

ADEM and ALDOT have been called but the situation still exists. Now ALDOT has refused the park authority access to the park for a road leading from the abandoned right of way. Since ALDOT wants to hold onto the property, they MUST keep it from eroding and causing a visible violation of the TMDL and the ALDOT general storm water permit.

On 10/27/10 I visited the site or inspection purposes. I took the photos found in PDF ALDOT 10/27/10 current erosion.
It shows the situation as it exists today.

ALDOT past erosion shows the history of problems created by ALDOT building the road into private land without permission. This trespass is the cause of problem. As long as ALDOT owns the property, they are responsible for its upkeep and accountability for failure to comply.

We respectfully request EPA to consider enforcement since ADEM has taken no action to curb the pollution for over 10 years.

John L. Wathen
Hurricane Creekkeeper,
Friends of Hurricane Creek

Members of
WATERKEEPER Alliance
http://www.waterkeeper.org

Who has the authority to say someone else
is not being a good steward of the environment?

Anyone who notices.

Eastern By-Pass PRESS RELEASE

2010-10-25T10:33:00.002-05:00

For Immediate Release...

Contact John L. Wathen
hccreekkeeper@hughes.net
205-233-1680

FOR IMMEDIATE RELEASE
October 25, 2010
ALDOT TO COME CLEAN?

Local groups question a plan to run Eastern Bypass through Hurricane Creek
On October 26, 2010, the Alabama Department of Transportation (ALDOT) will hold
a public meeting in Tuscaloosa to present plans to run the “Eastern Bypass” through
Hurricane Creek, a federally protected waterway and one of the region’s most
beautiful and important natural assets. Several citizen groups, including The Friends
of Hurricane Creek, will attend the meeting in hopes ALDOT will reveal why they
have selected a plan that maximizes both construction costs and damage to the
creek.

ALDOT’s proposed route for the bypass cuts through Hurricane Creek’s “M•Bend,”
an historically significant and ecologically sensitive set of turns forming the heart of
the creek’s beautiful and unique identity. In the proposed design, this small yet
complex section of the creek is to be traversed by five bridges.

Though poor transportation planning has left officials with limited options to
connect the growing suburban communities of north Tuscaloosa directly to the
Interstate 20/59 corridor, there seems no reason why the Eastern Bypass (a fourlane
thoroughfare) must cut through the very heart of Hurricane Creek.

Ever since ALDOT’s plans were first unveiled in 1999, local groups have proposed
nearby alternate routes that are available, feasible, and that would minimize
damage to Hurricane Creek. These alternatives would reduce ALDOT’s need to
employ expensive techniques required for construction near protected waterways.
For just as long, however, state and local officials have refused to acknowledge the
merits or the very existence of these alternatives.

Mile for mile, the proposed Eastern Bypass will be the most expensive road ever
constructed in Tuscaloosa County. ALDOT has not said why the route must run
roughshod through Hurricane Creek, one of the area’s few remaining environmental
jewels. Local citizen’s groups will attend the public meeting in hopes that ALDOT
can solve this mystery of sorts.

The Friends of Hurricane Creek will be joined at the meeting by the Black Warrior
Riverkeeper and the Alabama Rivers Alliance. The meeting begins at 4:00 p.m. on
Tuesday, October 26, 2010, at Paul W. Bryant High School, in the gym. The Paul W.
Bryant High School is 6315 Mary Harmon Bryant Dr., Cottondale, Alabama.
For more information, contact John Wathen at hccreekkeeper@hughes.net
# # #
Friends of Hurricane Creek

1999: ALDOT proposes to route Eastern Bypass through the heart of
Hurricane Creek. Files incomplete Environmental Impact
Statement.
2001, March: Friends of Hurricane Creek present ALDOT with alternative routes
for Bypass.
2001, July: Area residents raise concerns Bypass will bring noise and
pollution.
2002, Jan.: ALDOT makes a mess of Bryant Bridge construction, risks major
sewerage spill into river. City of Tuscaloosa issues halt work
orders. ALDOT keeps working.
2002, July: ALDOT holds public meeing regarding Eastern Bypass.
Approximately 500 people attend, many with protest signs
warning of danger to Hurricane Creek.
2004: Friends of Hurricane Creek begin work to have land along
Hurricane Creek brought into a conservation easement program.
2005: Huge billboard erected alongside Bryant Bridge despite City of
Tuscaloosa objections.
2006, Sept.: Tuscaloosa News runs feature article “On the Edge of Extinction,”
highlighLng the Bypass’s threat to Creek area’s many rare plants
and animals.
2006, Dec.: Sen. Richard Shelby and Mayor Walter Maddox ask ALDOT to
move Bypass to accommodate new residential development.
They do not request that Hurricane Creek be spared.
2007: Southern Environmental Law Center & Friends of Hurricane Creek
demand that ALDOT file a complete Environmental Impact
Statement regarding the Bypass.
2008, Jan.: 249 acres along Hurricane Creek sold to Trust for Public Lands
with understanding that Tuscaloosa Parks & Recreation Authority
(PARA) will acquire the land for a park.
2008, Sept.: PARA acquires land along Creek and opens it as a public park.
2010, Sept. 2: PARA sells 79 acres to ALDOT so Bypass can cut through Hurricane
Creek. ALDOT agrees to move other portions of route to
accommodate residential development.
2010, Sept. 10: Tuscaloosa News editorial headline says it all: “Hurricane Creek
Needs Protection.”
2010, Oct. 26: As required, ALDOT holds a “Public Involvement Meeting” about
the Bypass. However, ALDOT permits no opportunity for the many
critics of the Bypass to speak.

EPA criticizes ADEM over standards

2010-10-04T10:04:00.002-05:00

Thomas Spencer -- The Birmingham News

EPA criticizes ADEM over standards (with video and slideshow)

Water Testing

Shades Creek sampling photos

http://photos.al.com/4461/gallery/water_testing_at_shades_creek/index.html?fromentry=5095519&fromblog=857

The U.S. Environmental Protection Agency has threatened to take over enforcing part of the Clean Water Act if the Alabama Department of Environmental Management doesn't hold cities to higher standards for keeping waterways clean.

The warning from the EPA, which specifically applies to storm sewer pollution control in small cities, is one of several steps the agency has taken recently focusing on Alabama's program for protecting water quality.

The EPA has issued a series of audits critical of how local governments, under ADEM's watch, have been carrying out their obligations to control sediment and other pollutants that run into creeks and streams during rain storms. Sedimentation, caused by muddy runoff and by the rush of water flowing off paved surfaces, is considered a principal source of harm to rivers such as the Cahaba. It makes the river inhospitable to aquatic life, makes it harder to treat for drinking water and increases the potential for flooding as the river channel fills in.

The federal agency also has been reviewing ADEM's standards for strip-mine discharge permits, leading to a backlog in issuing new permits.

The EPA also is considering a petition filed earlier this year by environmental groups that asks that all of ADEM's authority to administer federal clean water law be revoked, which would lead to the federal agency taking oversight of all water pollution enforcement in the state.

EPA officials in Atlanta and ADEM representatives in Montgomery downplay the impression that the federal agency is taking a particular focus on Alabama's environmental protection agency. Both say the agency under the Obama administration is making a nationwide push to strengthen water resource protection, and the state and federal agencies are working through the issues raised.

However, business and environmental groups both see Alabama's program as being under particular scrutiny.

The EPA's formal objection to ADEM's proposed storm water permits, which could
trigger a federal takeover, is believed to be the first time the EPA has taken that step.

"This action by EPA was not only precedent-setting for Alabama and the Southeast, but potentially throughout the nation," said Beth Stewart, executive director of the Cahaba River Society.

"I'm not aware of any other state in Region 4 that is under this type of review by EPA on all facets of their water program," said Joel Gilbert, an attorney who represents the Business Alliance for Responsible Development, an alliance of developers and landowners that includes Alabama Power, Drummond Co., the Barber Companies, the Greater Birmingham Association of Home Builders and U.S. Steel.

Old conflict
The issues the EPA is wading into are part of a long-running conflict over how clean water regulations, particularly in regard to construction activities, are carried out in Alabama.
Business groups insist that a single statewide environmental enforcer is preferable and is, in fact, mandated by Alabama law. For example, ADEM issues storm water permits for all construction sites one acre or greater, so business groups say it should oversee activity on those sites. Similarly, ADEM issues pollution discharge permits to industries and by law has primary jurisdiction over those permits.

Requiring local governments to regulate those sites amounts to double oversight and will cost the governments money they cannot afford, Gilbert said.

Environmental groups, on the other hand, say ADEM's inspection and enforcement program is woefully inadequate, and the federal Clean Water Act demands a robust local role in water pollution control.

The EPA seems to agree. In its formal objections to ADEM's proposed storm water permits for small cities, the agency objected to a provision that would allow cities to rely on ADEM's enforcement and inspection program.

The EPA noted that ADEM does not review site plans when issuing storm water permits. And ADEM has historically inspected only 10 percent to 15 percent of its active construction sites annually. At that rate, most construction sites within any city would never be inspected, the EPA wrote.

According to ADEM, the agency has 29 employees tasked with inspecting and enforcing violations at the state's 7,523 actively-permitted construction sites.

"EPA has determined that without significant modification or enhancement, ADEM's current program would not fulfill the oversight and enforcement responsibilities required," the objection letter states.

Conflicting views
To environmentalists, who long have complained that ADEM's clean water enforcement is lax, the EPA's stance is a long overdue intervention.

"EPA has been pretty consistent in what needs to be done," said David Hanson, an attorney with the Southern Environmental Law Center. "It's just that EPA is no longer putting up with ADEM not doing what EPA is telling them to do."

But BARD attorney Gilbert says the EPA's demands to ADEM are an overreach by the Obama administration, pushing changes that would amount to new regulations that contradict state law.

"What EPA doesn't take into account is state law and the state constitution," Gilbert said. "EPA is reinterpreting the regulations to this administration's liking. And they are focusing on Alabama because the environmental community has lobbied them to do it."

The Cahaba River Society's Stewart said she had no apologies for meeting with the EPA about Clean Water enforcement. It's common for interested parties, including business groups, to talk to regulators.

In fact, it was lobbying by the business community that led to the permit conditions the EPA is now objecting to.

When ADEM released a draft of the small city storm water permits early this year, it more closely conformed to the EPA's expectations. But after response from the business community, the revised version of the permit drew the EPA's objection.

The revised permit allowed cities to continue relying on ADEM and allowed cities five years, till the end of the permit, to reach compliance with the permit's term.

ADEM has until mid-October to respond to the EPA's objections. ADEM can revise the permit to meet the EPA's wishes. Or it can request a public hearing from the EPA, which would trigger a formal review. Or it can accept an EPA takeover of that facet of the storm water program.

National initiatives
ADEM spokesman Scott Hughes said the agency is working with the EPA.

"There have been numerous discussions and meetings on the proposed storm water permits and we will continue to maintain an open dialogue with EPA staff," Hughes said.

He said the EPA has very publicly announced national initiatives both on storm water and coal mine discharge regulations, so it is a mistake to assume Alabama is being singled out.

"Since this is a national enforcement initiative, it appears to contradict the perception that there is a specific interest in Alabama," Hughes said.

Jim Giattina, the director of the EPA's Region 4 Water Division, agreed that Alabama is not being singled out. The EPA is working closely with Florida and Kentucky in the development of permits for those state. Tennessee has produced a permit that met EPA expectations, Giattina said. The EPA's formal objection in Alabama's case came after Alabama announced it was about to start issuing permits that the EPA had objected to.

"Our interest in Alabama is no different than in any of our other states," he said. "We have been very interested in storm water issues, particularly in the past couple of years. ADEM hasn't necessarily gotten any more special attention than other states."

Giattina said the EPA's current thrust is to make sure storm water permits being issued to local governments are clear, specific, and enforceable with measurable results. Cities must have a program of inspection and enforcement to control storm water. That doesn't preclude a cooperative relationship between the local governments and ADEM. At the same time, Giattina said, "it does not alleviate the responsibility of cities to have their own appropriate programs in place. A community can't just say, 'That's ADEM's responsibility.'"

Giattina said he was aware that voices in Alabama's business community were describing the EPA's suggested permit standards as beyond what is legally required.

"I understand that they have that viewpoint," Giattina said, "but our objections are grounded in the law and in the regulatory requirements."

On the petition filed by environmentalists seeking to have all of ADEM's authority over Clean Water regulation revoked, Giattina said no decision has been made.

"ADEM gave us a very robust response," Giattina said. "We are in the process of
both reviewing ADEM's response and doing our own evaluation."

Giattina said the agency is working expeditiously and hopes to have a response to the petition in three to six months. He said Alabama's environmental enforcement effort is not that different from efforts in other states. Agencies across the South are stretched thin, since environmental protection often is not the top priority in tough economic times.

"Resources always present a challenge," Giattina said. "But ADEM has strong programs in many regards."

Join the conversation by clicking to comment or e-mail Spencer at tspencer@bhamnews.com

Drainage Improvements Made at Hargrove Road

2010-10-01T12:06:00.001-05:00

I have to admit that this looks as if it may work.
I have to ask the question...
If this was NOT due to poor planning and approval of flawed plans, why are they now spending mega-bucks to repair something that was not broken.
JLW

Drainage improvements made at Hargrove Road

City officials hope to prevent flooding

Tuscaloosa News | Robert Sutton

Buy photo

A new retaining wall has been built and improvements made on drainage at the Woodlands apartments on Hargrove Road near Snow Hinton Park.

By Robert DeWitt Senior Writer

Published: Friday, October 1, 2010 at 3:30 a.m.
Last Modified: Thursday, September 30, 2010 at 11:04 p.m.

TUSCALOOSA | City officials hope drainage improvements at The Woodlands of Tuscaloosa will help prevent flooding on Hargrove Road.

“I’m cautiously optimistic that these changes will function as designed,” said Chad Christian, the city’s storm drainage engineer, after Tuesday’s City Council Projects Committee meeting.

Flooding in the area earlier this year has been blamed on The Woodlands, a large apartment complex that was completed during the summer, but the developer, The Dovetail Companies, has said the apartments aren’t the cause.

City officials had threatened to withhold a certificate of occupancy unless the developer addressed the flooding issue. The city later agreed to issue a conditional certificate of occupancy, but established several conditions that The Dovetail Companies agreed to meet. Drainage improvements were among them, City Attorney Bob Ennis said.

The developer has said the flooding was merely the result of extraordinary rain events. National Weather Service records indicated that storms in May, June and July dropped unusually large amounts of rain on the city.

The developer’s hydrologist recommended several changes to the development’s original design to help alleviate the flooding. The development used a bridge across a floodway that runs down the middle of the property as a structure to retain water on the property.

The most recent improvements closed part of the opening under the bridge so that it holds back more water. The idea is to keep from overloading the culvert under Hargrove Road, Christian said.

The developer also created a concrete flume between the bridge and the culvert under Hargrove Road to improve the flow to the culvert, Christian said, and built a retaining wall on Hargrove Road designed to hold back water on the property and improve the flow through the culvert.

If water can be held on the property and released more gradually, it decreases the chance that the culvert will become overloaded. When the culvert becomes overloaded, water flows over the road, becoming a traffic hazard, and can cause flooding in adjoining neighborhoods.

The developer has said that before The Woodlands was built, a two-year flood event would have overtopped Hargrove Road. With the improvements, it would now take something between a five-year flood event and a 10-year flood event to overtop Hargrove Road.

“They assert that it is now better than it was before they built the project,” Christian said.

Attempts to reach Dovetail on Wednesday and Thursday for comment about the recent improvements were unsuccessful.

Christian said that an independent hydrologist studying the floodway must still approve the developer’s drainage improvements. The

“third-party” hydrologist acts independently of the city and the developer.

“We won’t have a final judgment on that until we have a review from the third-party hydrologist,” Christian said.

Joe Robinson, head of the city’s Office of the City Engineer, said that the Birmingham office of AMEC Engineering’s Earth and Environmental Division, based in Plymouth Meeting, Pa., has been jointly selected by Dovetail and the city. Dovetail is paying for the $8,500 hydrologic study, Robinson said.

“The agreement the city has with Dovetail states that the developer and the city shall employ at — the developer’s expense — a hydrologist acceptable to both parties,” Robinson said in an e-mail. “We should get AMEC’s report back before Nov. 1.”

Staff writer Jason Morton contributed to this report.

Hargrove Road, July 10

http://mudbuster.blogspot.com/2010/07/photos-from-hargrove-flooding-072610.html

Citizen Complaint Jamestown Villas EPA region 4 Enforcement Branch,

2010-10-01T11:39:00.001-05:00

To Jim Giattina

CC: Lisa Jackson.

Attn: EPA region 4 Enforcement Branch,

On 04/28/10 EPA Region 4 issues administrative order # CWA 04-2010-4760 to Jimmy Burns, Jamestown Villas (JTV) for site violations concerning BMPs and other miscellaneous issues.

No penalty was imposed with the order.

In the EPA order, certain requirements were made of the developer, that were never implemented.

1. BMPs are still in disrepair of non-existent in some places where needed.

2. Turbid and heavily silted discharge still occurs with every rain event as it did yesterday, 09/27/10.

3. While no corrections had been made upon inspection, it should be noted that road construction and drain work was ongoing in violation of CWA standards as well as the EPA order.

I submitted a complaint to this effect to Jim Giattina, EPA Region 4.

Subsequently EPA sent ADEM to reinspect the site on 08/10/10.

Inspector Roberts visited the site and reported some violations. It is my opinion that the inspector did not thoroughly inspect. His photos are primarily taken from distances and not along the creek where the majority of violations exist.

It is also my opinion that the inspector played down the seriousness of off-site as well as on site violations. He was only on the site for 1 hour 20 minutes. That includes the arrival greetings as well as filling out paperwork before departure. In all I would suggest that he spent only about an hour doing the actual inspection.

He did not visit the lake below for off-site impacts. It is only a hundred yards or so from JTV. The lake is continuously filling in with silt from JTV. There are no other disturbances in the entire watershed of impact.

Photo plate 02 in ADEM report photos shows the inlet protection taken from a distance.

Photos taken up close show multiple flaws with these including the installation and maintenance.

Plate 3 shows the entrance from Vassie Dr. Once again the shot is a wide one that does not show the extent of failing or nonexistent BMPs. That section of the site does NOT flow to any retention basin at all but discharges directly into Stone Creek.

Road construction has begun since the ADEM visit and no precautions made to keep the mud from leaving the road-bed.

Plate 4 shows the creek from the top of the hill and some distance away, just at the discharge from the Vassie Dr. entrance. He states that little of no sediment was seen and previously disturbed slopes have been grassed. He makes no mention that on the other side of the newly constructed road, the creek-bed is full of silt. Had he walked out into that grass he would have seen large rills and erosion gullies on the surface. Those rills lead to silt fencing that has fallen down long ago from the weight of the accumulated sediment. Just below the tree line on the creek, the sediment begins accumulating and is very heavy throughout the entire wetlands and flood planes leading to Whitley Lake.

Plate 5 is a long distance shot of the undersized retention basin and a skimmer. Had he inspected closely as he should have, he would have seen that the overflow and the pipe leading from the basin have long ago been piping from the pond directly around the skimmer and into the creek with no treatment.

All of the grass from this point to the end of the site bordering Whitley’s property is long ago dead. It is very sparse and allowing sheet flow of sediment from the site.

Plate 6 shows a rip-rap-lined channel leading away from the discharge and into failing silt fencing.

1. The rip-rap is not a sediment control but an energy diffuser. It leads to fencing with holes under it large enough to roll basketballs under. I don’t think it will hold much sediment back in it’s current condition. I have been watching this hole for months and have reported it to EPA on more than one occasion. I can’t see how inspector Roberts missed it unless he did not inspect anything below the edge of the hilltop.

2. Below this failed section lie more failures. Silt fencing that does not reach the ground, holes throughout, sediment blankets spread out over rotting tree debris that is in the riparian buffer zone for Stone Creek.

Plate 7 I see where he did follow a well-worn path to the failing fences below the outfall. He shows some holes but specifically does not show the silt fence that is over a foot off the ground. Where he shows the holes, he is still inside the fencing and does not show the sediment outside the fences leading to Stone Creek. The barrier in back is NOT attached to the ground and is lying on top of rotting trees that leave many conduits for sediment to leave the site.

Plate 8 he shows the fencing but only mentions that it is 2/3 full. No mention of the back fences seen falling and holding noting back from leaving the site.

Plate 9 he says “Silt fence needs maintenance” The silt fences her refers to was NEVER installed properly and never maintained. This also is in an area where NO retention exists. The water overflowing these fences comes from an area of the site disturbed in June of last year and has never been routed through any retention basin at all.

Plate 10 (final ADEM plate)

This plate does say that sediment does not appear to have been removed. Once again, if the inspector had walked just a few feet out of his comfort zone he would have noted the entire flood plane and wetland associated with this project is heavily inundated with sediment.

All in all, I believe that ADEM does not want to show the full extent of damage caused by this irresponsible permittee . If ADEM showed the full extent it would also show a serious lack of diligence on the part of ADEM for…

1. Not investigating this permit before issuance. It sat on an ADEM desk for months with no review while the developer was busy constructing his failure.

2. ADEM and Tuscaloosa City refused to take any action to stop him until compliance was met.

3. ADEM has, in my opinion downplayed the seriousness of this violator to cover their own inept permitting and enforcement. This site is only one of many used for the petition to remove the ADEM program. It now seems that EPA is also allowing the developer to get off with a slap to the wrist by issuing an prder with no penalty.

It is quite obvious to me that JTV has no intention of following the law unless forced.

Please find below, a series of photos taken just before the last ADEM inspection aerial photos of the entire site, along with a detailed report with photos after the ADEM inspection,

ON 08/07/10 and 08/08/10,

I visited the site on a call from a landowner. He explained how Burns agreed to fill his land and grade it in exchange for space to dispose of unwanted dirt. He informed me that this was going on across the street as well. Although it is admirable for Mr. Burns to want to help, it is without permit and was never completed. This left the landowners with land too steep to use and impossible to maintain using household lawn equipment.

See pdf; JTV OFFSITE,

plates 3-5, photos OS-6, - OS-10. The land West of 6^th St. E. was filled as well but no complaints from landowner. This does not leave Mr. Burns with no responsibility to permit the fill under JTV.

During the visit and subsequent visit the next day, I found…

1. Multiple BMP violations that have been there since before EPA region 4 visit on 11/15/09, Mr. Don Joe, inspector. Silt fences down, non-existent, riddled with holes and inadequate throughout.

2. New road construction underway while existing violations go unresolved.

3. sediment in large amounts in the receiving stream, Stone Creek.

4. Offsite transport of bulk material to fill land not on the permit and without previous approval from Tuscaloosa or ADEM.

5. Large areas of the permit have been in disturbance since excavation began without proper permitting. No vegetative cover on land disturbed over 2 weeks.

6. Sediment basin is inadequate for amount of drainage.

7. Large tracts of the permit do NOT drain to basins of any kind. Those areas drain untreated to Stone Creek

8. Large rills and gullies throughout from inadequate cover and slope grades exceeding the permit design.

a. This site was approved by Tuscaloosa City Engineer under the agreement that the slopes would NOT exceed 3:1. I have measured the back slopes. Some measure as much as 27 inches to 3 feet, or 3:2+

9. On the West side behind a huge pile of unstabilized soil there is a new, unpermitted outfall leading into the woods and off the property.

(see pdf JTV 08/08/10 B)

10. Heavy impacts to the Stone Creek, Whitley Lake, and 2 offsite deposits of unpermitted fill material.

(SEE PDF JTV OFFSITE 08.07.10)

All of the above was documented 1 to 2 days before the ADEM inspection.

On 08/20/10, I returned to the site in a light rain to find the following.

1. Upstream water was clear.

2. Downstream at Whitley Lake the water was extremely turbid.

a. There is no other disturbance throughout this entire drainage. ALL sediment and turbidity can be traced to JTV. (SEE PDF JTV 09/11/10 Aerials, Plate 4, photo A-7

3. Roadwork onsite had no bmps.

4. What drain covers that were there were not installed properly leaving no protection. (C-3, 4, 5, 6, of PDF JTV 08/20/10 rain) ((C-5 is looking downstream from Vassie Dr. entrance))

5. Vast areas of the site do not drain to any type of retention pond.

a. The area surrounding the Vassie Drive entrance drains to the creek directly as well as the entire back section of the site along the bank of Stone Creek. (photos C-7, - C-11 PDF JTV 08/20/10)

6. There is only one retention pond onsite. It is grossly undersized and failing to contain the outfall.

a. The pipes leading from the pond to the final discharge are not compacted. This has allowed water to follow that underground channel to a sediment laden, turbid discharge point on the slope above the discharge.

b. A second culvert tower was installed about mid point in the back slope. It also has compaction issues. The tower washed out underneath because it was installed improperly. It now leans at a noticeable tilt of several degrees off plumb. Burns filled it in with concrete rubble and it still stands today tilted and full of concrete.

c. Many areas drain mud to the creek without ever coming in contact with any retention at all.

7. Mr. Roberts, ADEM inspector, noted that slopes that were previously bare are now covered. I beg to correct him. While some slopes have fresh vegetative cover, many more acres stand bare as they have for over a year now.

8. BMPs throughout are inadequate, failing, or completely nonexistent.

9. Offsite discharge of known pollutants listed on the approved TMDL for Hurricane Creek occur with every rain event. This condition has existed since the first unpermitted disturbance in 06/09.

10. All surrounding wetlands are now inundated with sediment.

11. Whitley Lake is now inundated with silt and consistently turbid water.

12. It is my considered opinion and confirmed by an erosion control specialist that the mass excavation of clay bearing many metals, silicates and introduction of fertilizers have changed the chemical make-up of the stream causing an Iron fallout throughout the stream bed. It does not exist above JTV. (Hurricane Creek is listed and an approved TMDL exists calling for an 87% decrease in Iron.

a. This permit not only is in violation for turbidity and offsite impacts due to mud, but also has caused an increase in the Iron content for Stone Creek

(SEE PDF 08.20.10 rain)

I recently spoke with Chip Crockett, ADEM stormwater enforcement. He informed me that since EPA has begun action (albeit non-deterrent action) ADEM will not spend any more resources on this site. I find that deplorable. This entire fiasco was caused by ADEM and the city of Tuscaloosa not doing their jobs. ADEM had a responsibility to take action and as usual failed us.

We came to EPA early on to seek help. To date even EPA has failed to take any action that has caused the slightest change in the operation at JTV. It is still in a non-complaint state after over a year of prodding from FoHC, several “courtesy visits” from ADEM, one inspection from EPA, and an administrative order with no penalty of deterrent value at all.

Please accept this complaint in the nature it is intended. We want to make clear that the entire process has failed.

Tuscaloosa City issued the site disturbance permit with certain stipulations. Stipulations that the contractor has to date ignored. Retention ponds were grossly undersized, Slopes that were guaranteed by city engineer Joe Robinson to be less than 3:1 far exceed that and cover large deposits of rotting tree debris. The city has taken no action to correct this and live up to their responsibility to the people of Tuscaloosa.

ADEM has a responsibility to regulate through permitting and enforcement of the CWA and Alabama codes approved by EPA. ADEM has presented such a failure in this respect that FoHC and many others have petitioned to remove them from the process.

EPA is the last resort to fixing this, not only in Tuscaloosa, but all of Alabama. The conditions I have reported here exist all across Alabama while ADEM sleeps at the wheel.

We come to you for the last time on this complaint to ask for maximum penalty, maximum enforcement and deterrent action that will stop this developer from proceeding further without addressing his violations and sending a loud message to all developer in the area. Accountability is a must if you do business here.

Yours Respectfully,

John L. Wathen

Eastern Bypass Public Hearing

2010-09-26T14:25:00.000-05:00

Public Notice
Walk-in Design Public Hearing
Tuscaloosa East Bypass from I-20/I-59 to Jack Warner Parkway

Date: October 26, 2010
Time: 4:00 pm to 7:00 pm
Place: Paul W. Bryant High School Gym
6315 Mary Harmon Bryant Drive
Cottondale, AL 35453

Here's your chance to "talk to the hand" folks. How many public hearings on this project does this make, and what changes has ALDOT made in response? Didn't they shift the M-bend bridges a couple of hundred yards one way or another in response to the public backlash? I honestly can't remember because it's been so long the details have sort of slipped out of the public consciousness. Of course that's part of the strategy. Do a quick little bit of behind the scenes backroom dealing, buy up some property, do some utility line work, hold a "public hearing", ignore the resultant uproar, let things settle down for a while. Repeat as necessary until project gets done...

Regardless, I will be there the full time allotted to the hearing, with lots of questions and opinions on the project. It will be interesting to see if they've assigned half-way accurate costs to this boondoggle, or if they're still trying to snow everyone. Come on out and let ALDOT know how you feel about this project consuming a minimum of 1/4 to 1/3 of ALDOT monies to be spent in Tuscaloosa County in the 2010 - 2014 time frame. Residents of Cottondale may want to know if their houses will be in the perpetual shadow of the dual bridges over Keens Mill Rd, Cottondale Creek or Hwy 11. Here's your chance to find out!

BREAKING NEWS T'Town contractor fined $19,000 for BMPs

2010-09-16T11:43:00.001-05:00

BREAKING NEWS

Some of you will remember last year this contractor attacked me. He threw a couple of punches at the side of my head then proceeded to kick and beat the heck out of my truck for turning him in on BMP / permit violations... I turned him in to TPD who refused to take action.

See below, this is the same contractor.
It only took ADEM almost 2 years to issue an order!

To my knowledge, this is the first time single home builder has ever been fined in this respect! The price of doing BAD business here just went up again! If the city will not enforce, we will!

Hat's off to David Ludder for helping me make it uncomfortable to violate in HC Watershed.
For us, this is HUGE!

LEGAL NOTICE
ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
PO Box 30l463
Montgomery, Alabama 36l30-l463
(334) 27l-7700
PROPOSED ORDER
Account Code: 202
Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management (ADEM) is proposing to issue an Order to McKinney Pruden Construction LLC - 6609 Julia Pearl Lane, Julia Pearl Lane, in Cottondale, Tuscaloosa County, Alabama. ADEM has been unable to serve the owner/operator with notice of this proposed order by mail. By this public notice ADEM notifies the owner/operator of the intent to issue an Order for the below stated violations.
The violations consisted of: effective BMPs not implemented and/or maintained; commencement/continuation of regulated activity prior to obtaining valid ADEM NPDES registration coverage; noncompliance with the requirements of ADEM NPDES construction stormwater rules; and failure to respond to a Notice of Violation.
The order, if issued, would require the owner/operator to: apply for and obtain NPDES registration coverage; submit a plan to correct all violations; implement and maintain effective BMPs; comply with applicable ADEM rules and registration requirements; perform corrective actions; and pay a civil penalty in the amount of $19,000.00.
If (owner/operator) wants an informal conference prior to any decision to issue this order, the owner/operator should contact the below listed designee of the director to request a an informal conference with ADEM. Other interested persons may submit written comments, including request for a hearing, within 30 days of the publication date of this notice, to the Alabama Department of Environmental Management, attention James E. McIndoe, Chief of Water Division, PO Box 301463, Montgomery, Alabama 36l30-l463. The comment period shall end at the close of business 30 days from the publication date of this notice. A copy of the proposed order is available on the ADEM webpage at www.adem.state.al.us or may be obtained by written request to the above address. A nominal fee for copying may be charged.
This notice is hereby given this 8th day of September, 2010, by authorization of the Alabama Department of Environmental Management.
Lance R. LeFleur
Director
THE TUSCALOOSA NEWS
September 8, 15, 22, 29, 2010
(ADEM charged the entire development only $20,000 for the entire site out of compliance. David appealed it for us and the fine climbed to over $120,000. now the individual home builders are feeling the pinch.)

A walk through Your Park

2010-09-13T10:40:00.002-05:00

After the recent Tuscaloosa News articles concerning the M Bend of Hurricane Creek, I decided to take a walk out through Our Park.

I was very disappointed to find trash all along the trials and broken beer bottles on the beach. The sign clearly states none of this is allowed.

The road leading into the "Park" is in deplorable condition and eroding badly with every rain event. This is not the fault of PARA. ALDOT and the 5th division left this slope in this condition intentionally as a vendetta against local residents and the Friends of Hurricane Creek for daring to care enough to force ALDOT into compliance.
The road needs repaired or closed off ASAP.

The above issues are reason enough for concern but what I found on the trail was alarming to say the least.

Many may remember last year when Alabama Power Company took the liberty of destroying the old trail with bulldozers. When they repaired the road APCO and PARA both assured us that it would NOT be used as an access road to the power lines. There is only one structure on the lower level and many on the ridge above the creek. All could be accessed more easily from a top entrance but APCO refused to honor the landowners request that they keep his road free from damage or repair it if so. That turned out NOT to be the case. Just as in the sale of the land and the underhanded way it was handled, PARA did not keep their word and neither did APCO.

A huge amount of limestone was brought in and used to build a road durable enough for large truck bearing power poles to enter.

The erosion controls placed at the site have not been maintained and have fallen into disrepair. Large amounts of limestone are now in the creek. Limestone is a pH buffering agent. The water in Hurricane Creek basin is slightly acidic and should not have this amount of buffer introduced.
It is now causing an Iron fall-out resembling Acid Mine Drainage similar to coal mine waste.

In all my years on Hurricane Creek and in this area in particular, I have never seen this until after APCO allowed the limestone to migrate into the creek in mass quantities.

This needs fixed at once!

EDITORIAL: Hurricane Creek needs protection

2010-09-12T07:28:00.001-05:00

EDITORIAL: Hurricane Creek needs protection

Published: Sunday, September 12, 2010 at 3:30 a.m.
Last Modified: Saturday, September 11, 2010 at 11:06 p.m.

Two years ago, we applauded the “wise and welcome decision” to purchase 249 acres along Hurricane Creek for a public park. This week, we reported the heart of that land — the “M-bend” — has been ripped out.

The Tuscaloosa Park and Recreation Authority has a good track record of building activity centers and ball fields, but not so much for environmental protection. Hurricane Creek Park was a notable improvement in that direction.

Your Park photo by JLW

Now, 74 acres of the park will belong to the Alabama Department of Transportation. At least a portion of that land is intended for the Eastern Bypass, a highway to link wealthy neighborhoods in north Tuscaloosa to Interstate 20/59 and open parts of east Tuscaloosa to development.

If the highway is ever built — and that’s still a big if — it will help commuters and big landowners. What we may lose is a beautiful wilderness just outside the city limits of Tuscaloosa. In 2007, readers who responded to our “Seven Wonders of Alabama” survey ranked Hurricane Creek behind only the Native American Indian mounds at Moundville.

"M" Bend photo by JLW,

Flight provided by SouthWings

Geologically, Hurricane Creek is interesting because it, like the rest of Tuscaloosa, is on the edge of Alabama’s fall line — the boundary between the older Appalachian ridge and valley area around Birmingham, and the Coastal Plain formed from an ancient seabed. Environmentalists and biologists have been particularly enthralled by plants and animals that live in and along the creek.

“One of the last major streams above the fall line, Hurricane Creek is a smorgasbord of biodiversity for flora and fauna and a pristine example of what one will find anywhere throughout the southernmost part of the Appalachian Mountains,” wrote Randy Mecredy, director of the Alabama Museum of Natural History, recommending it for our list.

Do we really want to trade that for another highway?

Photo by JLW
Everyone involved in purchasing the land for a PARA park was aware that the M-bend was in the future path of the Eastern Bypass. But PARA director Don Kelly and Hurricane Creek riverkeeper John Wathen expressed optimism some alternative could be worked out.

We are disappointed not only that this has not happened, but that the sale of the land to ALDOT was done so quietly. Wathen, who was instrumental in brokering the deal for the park and who has been a passionate advocate for preserving Hurricane Creek, only learned about the ALDOT sale when our reporter called him for a comment.

Photo by Beth Maynor Young

Tuscaloosa city officials have pressed hard for the Eastern Bypass and have not done enough to protect Hurricane Creek. PARA gets most of its funding from the city, so it is not in a strong position here.

Wathen has vowed to fight for Hurricane Creek. We wish our elected leaders shared that passion.

Park’s land sold for Eastern Bypass

2010-09-10T08:57:00.002-05:00

Park’s land sold for Eastern Bypass

PARA sells 76 acres near Hurricane Creek to ALDOT

Staff Graphic | Anthony Bratina

Buy photo

By Jason Morton Staff Writer

Published: Saturday, September 4, 2010 at 3:30 a.m.
Last Modified: Friday, September 3, 2010 at 11:03 p.m.

TUSCALOOSA | The Tuscaloosa County Park and Recreation Authority has agreed to sell 76.1 acres of its Hurricane Creek Park to the state road department for the construction of the long-planned Eastern Bypass.

Don Kelly, executive director of PARA, said this week that the PARA board of directors had approved the sale to the Alabama Department of Transportation for $263,300.

Kelly said part of the deal is that once ALDOT finalizes the exact path of the bypass through the park, it will deed back to PARA any land it does not need.

“The 40 acres that will be deeded back to us is the M-bend portion of the creek,” Kelly said of the region of Hurricane Creek that is federally recognized as a unique ecological region.

Officials at ALDOT could not be reached for comment, but longtime Hurricane Creek advocate John Wathen was incensed by the decision.

Kelly said that PARA “did everything we could” to persuade ALDOT to redirect the Eastern Bypass around the 249 acres PARA bought in 2008 in order to protect it as a natural park.

Wathen was instrumental in facilitating

PARA’s purchase of the land surrounding Hurricane Creek from the Trust for Public Land, a national nonprofit land conservation group based in Tennessee. PARA bought the property for its appraised value of $864,500.

“I don’t care who owns that land,” Wathen said. “I don’t care what kind of deals that are made. This will absolutely be the most expensive highway that ALDOT has ever built.

“Every mile and every inch of this road will be under scrutiny, and the first sign of a violation I will haul them before the EPA.”

Letter to the Editor, ByPass Unnecessary

2010-09-10T08:55:00.002-05:00

Eastern Bypass is unnecessary

Published: Thursday, September 9, 2010 at 3:30 a.m.
Last Modified: Wednesday, September 8, 2010 at 10:36 p.m.

Dear Editor: It's not too surprising that PARA sold one third of Hurricane Creek Park — at a loss — to ALDOT for the Eastern Bypass. However, the deal raises the question: 'Who knew what, when?' What's really surprising is that years after the highway planners came up with the Eastern Bypass, they're still trying to shove this unnecessary project down Tuscaloosa residents' throats. ALDOT's insistence on trying to ram this project through the hills and hollows of some of the most beautiful and biologically diverse woodlands in Alabama borders on the pathological.

Does this proposed bypass serve any need not met by existing roads? We already have a Western Bypass that functions well in getting drivers from Interstate 59/20 to U.S. Highway 82. McFarland Boulevard and I-359 will take you to the interstate if you live in the center of town. And if you live on the east side of town, it's a short trip down University Boulevard to access the interstate.
ALDOT wants to spend hundreds of millions of our tax dollars to permanently scar this irreplaceable corner of our natural inheritance so that a small number of Tuscaloosans can shave five minutes off the trip to Birmingham? Hurricane Creekkeeper John Wathen says this will be the most expensive highway ALDOT ever builds. The real beneficiaries of this transfer of funds will be the road contractors, while the losers in this dubious transportation project will be our environment and the public ALDOT ostensibly serves.
Miles Eddins
Tuscaloosa

Mayor says city may be liable for flood damage claims

2010-09-01T07:21:00.000-05:00

Mayor says city may be liable for flood damage claims

By Robert DeWitt Senior Writer

Published: Wednesday, September 1, 2010 at 3:30 a.m.
Last Modified: Tuesday, August 31, 2010 at 10:21 p.m.

TUSCALOOSA | The city's failure to properly maintain part of its drainage system likely led to flooding in the Southern Gardens neighborhood during this summer's heavy rains, Mayor Walt Maddox told the Tuscaloosa City Council on Tuesday.

photos by John L. Wathen

'We believe there is the possibility of claims and that the city may have been liable,' Maddox told council members at a pre-meeting briefing. 'In this particular case, it appears to have built up over time and wasn't a result of flash flooding.'

Maddox said residents pointed out debris in the drainage structure that serves the neighborhood. Buildup of silt may also have played a part, he said.

The City Council approved an emergency public works contract with Ryan Shirley Inc. for $270 an hour for work on the city's drainage system at Southern Gardens.

Robin Edgeworth, an administrator in the Office of the City Attorney, said the city would try to handle claims quickly so that residents can get repairs under way. Edgeworth, Maddox and Chad Christian, the city's storm drainage engineer met with Southern Gardens residents to discuss the problem.

Maddox told council members that he may soon present a request for $80,000 to $100,000 for maintenance work to the area's drainage system. But beyond addressing the immediate problems, Maddox said he wants to see how the city could do a better job with storm drainage maintenance in the long run.

'We're going to have to get more aggressive with drainage in the next four or five years.'

In addition to improving maintenance, the city may need to look into buying some houses in flood-prone areas.

'We may be recommending that you buy out certain homes,' Maddox said. 'There are some homes in the floodway that no amount of engineering can solve.'

City Attorney Bob Ennis said the city can buy out houses only if it serves a public purpose. For example, the city could buy a house that was interfering with normal drainage.

The city used grant money from the Federal Emergency Management agency to buy up houses between 29th and 27th avenues in what it called the 'Armory Drainage Project.' The houses were flood-prone, and the city had no way to fix the problem. FEMA, which provides flood insurance, authorized it because the buyout saves public money in the long run.

Maddox encouraged city employees who see drainage issues in the community to report the problems. He urged citizens who see drainage problems to call the city's 311 number.

Maddox said he also wants to educate the public about the city's drainage system.

'We need to inform our citizens that drainage inlets are not garbage cans,' Maddox said.

Debris and trash thrown into drains can block ditches and pipes and cause flooding.

Ashbrook Community and Mayor Meet Over Flooding

2010-08-26T15:19:00.000-05:00

There was a packed meeting with citizens
from the Ashbrook community and Mayor Walt Maddox, along with other ranking city officials.

The topic was recent flooding there.
Hurricane Creekkeeper, presented evidence that shows clogged drains were the cause of most flooding.

It is obvious that whoever inspected the drains and declared them open and working well did not look inside the main system.

Link to Ashbrook / Wood Square drainage conditions.

Link to Ashbrook clogged drains

Who is Hurricane CREEKKEEPER, and Why?

2010-08-21T16:58:00.000-05:00

Who is Hurricane CREEKKEEPER, and Why?

Woodlands developer to seek variance

2010-08-21T08:40:00.013-05:00

Woodlands developer to seek variance

By Robert DeWitt Staff Writer,

Tuscaloosa News

Published: Saturday, August 21, 2010 at 3:30 a.m.

Last Modified: Friday, August 20, 2010 at 11:30 p.m.

TUSCALOOSA | The Woodlands of Tuscaloosa will ask the Zoning Board of Adjustment for a special exception and a variance at Monday’s meeting of the board.

The meeting is set for 6 p.m. in the City Council Chambers at City Hall. The issues include a fence at the development’s entrance on Hargrove Road and a request to subdivide the property into two pieces, said John McConnell, the director of planning and development services.

The Woodlands is a large, newly constructed apartment complex next to Snow Hinton Park that has been at the center of a controversy over flooding this summer. Hargrove Road in front of the development has flooded four times since its construction. The road hadn’t flooded since the early ’90s before the development’s construction.

John Wathen, Creekkeeper for Hurricane Creek, has monitored the flooding. He opposes the special exception for the fence and the variance for the property subdivision.

“There is no accountability if the City Council rubber-stamps these special exemptions after the fact,” Wathen said. “Why should a developer even attempt to follow the rules if all he has to do is do it the way he wants to and then come back and get a special exemption?”

The developers are asking for a special exception related to a fence at the property’s entrance.

All property has a “required front yard” that lies between the front property line and the setback line, McConnell said. Any fence built in that space in a residential area can be no more than 4 feet tall and must be 50 percent open.

The fence built at the entrance to the Woodlands is in its required front yard and is up to 6 feet tall in some places and its construction is solid.

The Zoning Board of Adjustment can provide a special exception for a taller or denser fence if the board finds it desirable for security or privacy and it will not damage the neighborhood’s character or appearance. The city engineer must also determine that it does not present a traffic hazard

Neither the planning staff nor the city engineer objected to the special exception for the fence, McConnell said.

But Wathen said the city shouldn’t allow it.

“The special exception on the fence was requested after the fence was built,” Wathen said. “This should have been done in the initial plans. There’s a reason for this and it’s safety. For them to build it and then come back and ask for a special exemption is a slap in the face of the process.”

The developers are asking for a variance that would allow the property to be subdivided into two pieces of property. McConnell said city zoning ordinances prohibit a development being subdivided into two developments.

The city approved a design for a single development. The zoning ordinance’s intent is to prevent a single development from becoming and functioning as two developments, McConnell said. That could lead to a dysfunctional development, he said.

The developer is asking that a part of the development that has not yet been built on be carved out as a separate lot. McConnell said the reason the developer gave was related to financing.

This is what they want to separate from the finished section. If subdivision is allowed, there would be no way to hold the entire complex accountable for environmental or other enforcement actions. (JLW)

It is quite obvious that the developer has no concerns for the rules. Massive amounts of sediment are leaving this site creating stream beds that are inundated with soil causing more flooding! (JLW)

The developer wants to designate what it has finished building now as Phase I of the development, McConnell said. The undeveloped property would be developed later as Phase II. The developer’s bank wants the two phases financed separately, he said, and that requires the property to be subdivided.

To qualify for a variance, the property owner must have a hardship. Part of the hardship the developer listed is how the flood area divides the property in two, McConnell said.

Wathen noted that if the developer says that flooding is a hardship, that’s not a valid reason for granting the variance.

“It was self-induced in my opinion,” Wathen said.

Wathen said he doesn’t want to see the developed portions of the property isolated from the developed portions of the property. Planned unit developments are approved as one piece of property and should remain that way, he said.

“These plans were flawed from the very beginning,” Wathen said. “They should be held accountable and the entire property should be held accountable.”

McConnell doesn’t believe that the flood area’s location on the property is a valid hardship because the flood way existed when the development was designed and it was designed around the flood area. But McConnell doesn’t oppose the variance if the developer will agree to certain conditions. (WHAT CONDITIONS set this developer above the law? JLW)

McConnell said that plans show that even if the property is subdivided, it will still function as one development. The two phases will fit seamlessly together and that will satisfy the law’s intent.

But McConnell said he wants the developer to agree to legal documents that would prevent the property from ever being allowed to function as two developments. It must be required to continue to function and flow as one development.

(It seems to me that the city is trying to find excuses to allow this even though it breaks the rules set and approved by the citizens of Tuscaloosa. We need new politics or new politicians in Tuscaloosa. No developer or development is more important than the safety and well being of citizens! JLW)

Hurricane Creek and Black Warrior River yesterday 08/20/10.

Irresponsible planning and poor accountability are the problems causing this subtle disaster with every rain event.
What good are laws that are broken and then waived to accommodate the developers profit? (JLW)

Engineer lists plans to thwart flooding

2010-08-16T08:25:00.000-05:00

More excuses for bad planning.
Chad Christian says we are having "Excessive" rain events.
Chad is getting almost as good as Joe Robinson at making excuses...

Engineer lists plans to thwart flooding

Dusty Compton | Tuscaloosa News

Buy photo

8th Ave. in Tuscaloosa was flooded by the torrential rain in Tuscaloosa, Ala. Friday, June 25, 2010. Urban flooding often has its roots in development. Rain runs rapidly off asphalt, concrete and rooftops as opposed to soaking into the ground and being slowed on its way to drainage basins by vegetation.

By Robert DeWitt Senior Writer

Published: Monday, August 16, 2010 at 3:30 a.m.
Last Modified: Sunday, August 15, 2010 at 11:25 p.m.

TUSCALOOSA | Urban flooding often has its roots in development. Rain runs rapidly off asphalt, concrete and rooftops as opposed to soaking into the ground and being slowed on its way to drainage basins by vegetation.

Engineer To-Do List

Inspect storm water retention systems at developments in the area where flooding has been reported.
Make changes such as adding inlets or realigning pipes in neighborhoods that have problems.

Click to enlarge

STAFF GRAPHIC | Anthony Bratina

So after the city's recent flooding problems, fingers have been pointing at the Woodlands of Tuscaloosa, the new apartment complex on Hargrove Road built in what had previously been an open pasture. Serious flooding in nearby neighborhoods sprang up after the development neared completion.

But Chad Christian, the city's storm drainage engineer, said he believes most of the flooding was due to extraordinarily large rain events. And he points to flooding in areas with no new development, saying much of the flooding from recent storms occurred in a drainage basin that flows through the Cedar Crest subdivision.

“If you look at that drainage basin for any new development to point a finger at, you just don't see it,” Christian said.

But enough questions have been raised about the Woodlands project that the city issued a conditional certificate of occupancy. The city called for some changes to the complex's storm drainage system and put other conditions on the development.

Most of the focus will be on keeping the water from overflowing Hargrove Road, Christian said, since the overflow not only impedes traffic, but it also causes the water to flow into the houses and yards downstream as it attempts to get back into the stream.

“If we can keep it out of Hargrove Road, we don't have the issues on the south side of Hargrove Road,” he said.

Flooding has also occurred upstream from the apartment complex in the Carriage Lane and St. Charles subdivisions and in drainage basins that are unrelated to the development. In some areas that flooded, the water simply did not flow to or through the Woodlands, Christian said. In all, 81 homes have reported some flood damage, said Robin Edgeworth, the city's contact person for flood damage.

The Woodlands is not the only development in the area. University Mall, Midtown Village, Home Depot and Target all have large rooftops and asphalt parking lots.

All of those developments have storm water retention systems. Christian said that to his knowledge, those are all functioning as they should, and he plans to make certain of that.

“I have on my to-do list to check all of those systems to make sure they're functioning properly,” he said. “The one at Target is above ground, and you can inspect it visually.”

Christian has inspected the retention system below Home Depot, which has pipes large enough for a man to stand in. They hold large amounts of water and lead to two 16-inch pipes. The large pipes hold water as it is gradually released through smaller pipes.

“I've got plans on all of those except maybe the mall, due to its age,” Christian said. “To be thorough, we have to go back and review them.”

He said he isn't sure how the retention system for the 30-year-old mall works.

Aronov Realty, the mall's owner, referred inquiries about its water retention system to mall manager Roger Gregg, who could not be reached for comment.

Christian said he has seen no indication of anything amiss with the retention systems at any of the major established developments. Most evidence points to huge rain events that overwhelmed the drainage system.

“The Highlands is one of the oldest subdivisions in the city,” Christian said. “Two hundred feet from there, we had five feet of water in McFarland Boulevard.”

That drainage basin runs back through Alberta, and there has been no recent development in that area.

On July 26, houses flooded in Southern Gardens, Lynnwood Park, Kennedy Park and Candlelight Terrace, subdivisions north of University Mall. In Alberta, Arlington Square Apartments suffered damage to 14 units. None of the water that goes through that area comes from major new developments, Christian said.

The city has had four major rain events this summer, on May 20, June 15, June 25 and July 26. At least three — May 20, June 15 and July 26 — may have been extraordinary.

On May 20, the Emergency Management Agency rain gauge at Kaulton in southwest Tuscaloosa recorded 2.44 inches of rain, which fell within a very short period. At times that day, rain fell at a rate of 5.24 inches an hour. On June 15, the total was 2.14 inches, and at one point, rain fell at a rate of 7.89 inches an hour.

The most intense rain fell on July 26, when 2.40 inches of rain fell at a rate of 8.23 inches an hour at one point. Data indicates the May 20 and July 26 storms were between 50- and 100-year one-hour rain events, Christian said.

He noted that the rain gauge was not located in the areas that flooded, so the rainfall could have been greater there. Some indications are that more rain, up to 4 inches in some cases, fell in east Tuscaloosa.

After the July 26 storm, Christian measured a debris line on McFarland Boulevard that indicated the water was 59 inches deep at that point, 1 inch short of 5 feet. The water swamped a car and a fire truck.

One common feature in most areas is that witnesses say the water disappeared almost as soon as the rain stopped. Christian said that indicates that the sudden rush of rain overwhelmed inlets and pipes.

Mayor Walt Maddox inspected some of the flooded areas.

“The majority of the cases we're seeing, the rainfall exceeded the drainage basin's ability to handle it,” Maddox said.

He said some improvements can be made that will help the situation.

Most of the improvements are simple, Christian said, such as adding another inlet in a neighborhood or realigning a pipe so that it flows into a ditch with the water flow, instead of against it.

“You can do some really inexpensive things to help your existing infrastructure function better,” Christian said. “Ideally, city forces could do most, if not all, of them.”

But he said the drainage system can't be constructed to handle the flow from the most extraordinary rain events, likening it to building Tuscaloosa's roads to handle all of the traffic on a University of Alabama game day.

“The taxpayers just can't afford it,” Christian said.

2010-08-11T14:06:00.001-05:00

To:
EPA Region 4
Mr. Jim Giattina,
Director, Water Division

Mr. Giattina,
I am sending this complaint to you for dissemination since you signed the Administrative Order dated 05/04/10, now in violation.

The order gave Jamestown Villas (JTV) 30 days to meet certain requirements

The inspection report was dated 12/08/09. This was what the site looked like then.

(previous e-mail)

This is the site on 01/17/10

And these are from yesterday 08/09/10

BMP violations exist throughout the development. Silt fences that had holes and deficiencies during the 12/08/09 inspection still exist today. Conditions have in fact grown worse.

No attempt has been made to mitigate offsite impacts or remove sediment from the receiving stream. The lake below JTV known as Whitley Lake is still filling in with every rain event due to the large amount of soil loss at JTV. The fold plane and wetlands that used to exist along Stone Creek are now covered with sediment from JTV. BMP attempts are littered throughout the Stone Creek bank covering brush piles. Large holes in the fabric and poorly placed material has been discharging sediment since it was installed. Now that it is rotted away and buried in sediment it is doing nothing at all.

A new drop inlet was installed but did not hold. It is badly underscored now and leaning. To fix it Burns filled it with concrete debris.

The sediment in the head of the lake now extends well above the surface as seen in this comparison.

09/17/09

08/07/10

Jamestown Villas has not only allowed the conditions to degrade onsite and surrounding slopes but now is also filling in land outside the permit boundaries. The two houses next to Jamestown Villas along 6th street allowed Burns to fill their land to facilitate his development with the understanding that Burns was going to culvert the stream and fill the entire valley. While I can appreciate their wanting their land filled, there was nothing in the city plan or the approved ADEM plan for such fills outside the permit boundaries. Now he has left them with the burden of repairing their newly created and unwanted slopes on their property.
(The property owners land ends where the red pole is, all to the right is off the ADEM and city permitted area and filled by Burns)

Burns has also undertaken a landfill operation across the street from the site behind a house located there. It is rumored that he intends to fill both valleys offsite of the ADEM and city approved permitted area. Concrete debris hauled in by Burns was used along with plastic pipe to create an overflow from the new fill. These offsite fills are not permitted and need immediate attention.

Dirt piles throughout the site are not stabilized and are eroding badly. Burns has been warned before about this.

Slopes throughout the development exceed the 3:1 grade cited in the plan and by Joe Robinson, City of Tuscaloosa Engineer. These steep grades are covered in grass that died last year in many places. The grades overlooking Stone Creek were measured at 3:2+. It actually measured 26 inches rise in 36 inches, over twice the permitted slopes. They are eroding in places into badly failing BMPs that haven’t been repaired / replaced since the EPA inspection on 12/08/09. It is my belief that the slopes are too steep to ever maintain over time. The back fill was done over trees, stumps, limbs, and other degradable material making them unstable. Chad Christian, of the city erosion control department said in 09/09 that the woody debris would have to be removed. To date it remains rotting under slopes of 3:1.5 up to over 3:2.

The entire back side of the development along the Stone Creek / Whitley property corner flows into Stone Creek with no retention pond. Slopes in that area are eroding badly and flowing into the creek. Grass on these slopes is dead and sparse where it is present at all. Attempted BMPs along the Stone Creek banks are useless at this time. The tree debris was piled directly in the flood plane for Stone Creek then covered with fabric that was never secured in the ground. Silt laden water has been escaping for the entire length of the property that slopes into the creek.

All drainage from the Vassie Drive entrance flow to culverts that empty directly into Stone Creek as approved by City plan. No retention ponds are in use here. The slopes on both sides of the Vassie entrance are eroded and flowing into failing BMPs.

The overall conditions of the Jamestown Villas has not improved since the inspection or subsequent EPA Administrative Order. Burns made a half measured attempt to get the woody debris out of the creek as ordered but much of the debris was allowed to was downstream and is not in the wetland. I spoke with inspector Don Joe today and was told that Burns had submitted the necessary paperwork to EPA. Those two are the only two points in the Administrative Order that I can see have been fulfilled. We respectfully ask EPA to take more drastic measures to bring this developer into compliance at all due haste. It is obvious from the deteriorating conditions that neither the city inspectors or ADEM have been diligent in their inspections. We respectfully ask for Mr. Don Joe to return for a personal inspection.

Respectfully,

John L. Wathen
Hurricane Creekkeeper,
Friends of Hurricane Creek

Members of
WATERKEEPER Alliance
http://www.waterkeeper.org

Who has the authority to say someone else
is not being a good steward of the environment?

Anyone who notices.

Woodlands Flooding, not and Act of God

2010-08-04T11:30:00.003-05:00

Joe Robinson made the statement below. He is referring to the rain on the 26th. What about the other 3 flooding events that were NOT excessive rain?
"We cannot design for the really heavy rain events," Robinson said, "just like we can't design McFarland Boulevard to handle (University of Alabama football) game-day traffic. Sometimes, you're just going to have that flooding regardless." (Tuscaloosa News)

Joe also said:"Joe Robinson, head of the Office of the City Engineer, said his office has documented three occasions of flooding on Hargrove Road in the past three months. He said he thinks they're all linked to the Woodlands development. Until the development was built, Robinson said the last time he recalled flooding across Hargrove Road near Snow Hinton Park was in 1979." (Tuscaloosa News)

"Frederick, in 1979, dumped heavy rainfall across much of the eastern United States: 8 to 12 inches"
4 floods in 4 months is just BAD PLANNING!

While Maddox and others have expressed concern about the effect The Woodlands has had on the Hargrove Road drainage basin — concerns that have kept the city from issuing a certificate of occupancy for the 350-unit complex — they take issue with the claim that poor city oversight allowed the problem. (Tuscaloosa News)

The mayor and council have "taken issue" with almost everything I have ever said. You decide who is right. Do you really want this to continue? Tell the city you want a watershed management expert on the planners and or council and an independent wetland and stream assessment. (Not from a local engineer who caters to developers) We have paved far too much of our headwater streams for profit while not protecting downstream residents. Change politics or change politicians (That's my opinion.)