Eastern Bypass Public Hearing

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

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

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

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

( page 1 of 2 )

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.

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.

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.

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

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

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.

( page of 2 )

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

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

  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. 

 

( page 1 of 2 )

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

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?

Who is Hurricane CREEKKEEPER, and Why?

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.

 

( page of 3 )

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.

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)

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.

( page of 4 )

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.

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.