Complaints Continue after Notice of Violation
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I can't believe this is allowed to continue! The contractor for Quick Trip, McCrory construction, has shown little or no regard for the people surrounding this destructive project.
It has been over since I first reported the site to Alabama Dep. of Environmental Management.(ADEM) Since then, little has changed and ADEM is dragging their heels as usual. It seems that the privileges afforded to polluters outweighs the rights of citizens to be protected from egregious bad actors like this.
We, Friends of Hurricane Creek have an obligation to our members, the community, and the creek itself to investigate and report situations like this one.
(Feel free to click the pictures to enlarge)
Citizen Complaint filed below...
08/26/21
Please accept the following complaint against the Quick Trip construction project located at the intersection of Buttermilk Road and I-59 in Tuscaloosa County. N 33.17065 W 87.44712 NPDES permit number ALR10BHQ0
Yesterday 08/25/21 I visited the site before a 45-minute moderate rain event. As usual there was a stream of red mud and construction debris / gravel flowing down Valley Lake Rd to the lake itself. It traversed through the road, the front drive to the residence across the street, down the street where it turned toward the lake leaving a lake of mud behind. From there it entered Valley Lake through at least 3 points.
Before the rain there was no activity seen working on the failing BMPs or stabilizing the slopes.
In the response Mr. Ensor states “The facility identification was not displayed (ADEM). Facility ID to be displayed first thing Monday morning 8/23. (Ensor).
As of around 07:30 PM. 08/25/21 there was still no NPDES placard at the entrance. There was, however, a copy of the permit issuance, cover letter on a piece of plywood partially obscured by the silt fence. It is hardly at the entrance. It is located about half way down Valley Lake Rd, inside the silt fence. There is no entrance anywhere near the sign and it certainly cannot be read from the entrance. This is one of the very simplest tasks for any permit holder. Get the proper placard and post it. Given the number of times it has been cited in complaints, inspection reports, an NOV and even in their own engineers report, it is still not properly posted. ADEM needs to take that into consideration during the enforcement and penalty assessment.
ADEM should remember the comment in the response to the NOV.
QT Engineer stated, “Per discussion with McCrory Construction, the site will continue to be permanently stabilized on Monday, August 23. Everyone understanding of the expediency in which the State’s concerns need to be addressed and have already performed multiple BMP installations/alterations to prevent sediment from discharging downstream.“
So far I haven’t seen any sign of stabilization on any area of the permit as of 08/25/21 at around 7:30 PM. I did see, however more ditching for irrigation piping. It was left in a rain with no BMPs. ADEM needs to take that into consideration during the enforcement and penalty assessment.
At around 06:30 PM it began a light sprinkle. By 07:07 PM it was raining, but not heavily but the sediment was free flowing across the street and onto private property as well as entering Valley Lake. There as also a plume of sediment flowing down the I-59 side of the permit into Cottondale Creek.
At around 07:09 the rain, which had subsided a bit intensified and again the sheet flow of mud came offsite.
It was interesting and irresponsible to me for them to be turning on the sprinkler system it a rain shower. Even their own engineer admitted that the BMPs were not holding back the sprinkler runoff. ADEM needs to take that into consideration during the enforcement and penalty assessment.
By around 07:10 PM there was a steady flow of mud coming from under the silt fences, through holes in the fences and flowing freely down the road.
The pond did catch some of the water but since it is not constructed properly there was no retention value to it. It’s merely a pass through pond to the road. Water seen at the bottom of the BMPs along the road was just as muddy as the water in the pond.
BY 07:30 PM the rain had all but stopped but there was a steady running plume of heavily contaminated runoff going through the private property and into Valley Lake. I launched my drone for a short time before dark.
I could see 3 distinct places in the lake where mud was entering from this brief, moderate summer shower.
Along I-59 there has been no attempt to “stabilize” the unpermitted discharge onto state ROW.
As I was leaving at around 07:48 PM I saw the most irresponsible act yet. The mud had just stopped flowing and these people turned on the sprinkler where there is NO grass. It started another flow of mud from under the failing silt fence.
I arrived at 06:30 PM. 08/25/21 to find the following conditions.
1. No NPDES placard posted at the entrance. The letter is not the proper ID. And it must be posted and visible at the entrance.
2. No stabilization taking place as promised in the response to ADEM NOV.
3. No BMPs along the I-59 corridor
4. Holes in several fences
5. Undercut fences allowing large amounts of mud to pass under them/
6. Offsite transport of mud, construction debris/gravel, and extreme turbid water onto County ROW and private property.
7. No properly constructed retention pond.
8. Sediment from the site has been left offsite for weeks.
Given the numerous opportunities for this polluter has been given to come into compliance and still refuses to show significant improvements, ADEM needs to take measures strong enough to deter more of the same behavior, up to and including heavy fines and a stop work order until all BMP requirements are met.
--Hurricane Creekkeeper
Friends of Hurricane Creek
Creekkeeper is a member of
Waterkeeper Alliance
www.waterkeeper.org
Who has the authority to say someone else
is not being a good steward of the environment?
Anyone who notices
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