STOP WORK ORDER ignored

 

 

A stop work order was issued by the city of Tuscaloosa finally! It was issued Fri. afternoon, 08/27/21 at 03:48 PM. At 5 PM they were still working!!

As of Saturday morning they were still working when the city showed up and finally issued a stop work order again and waited until all contractors had left the job site.  The following complaint was filed with ADEM. So far, all ADEM has done about the NOV is issue but "consider" more action. Meanwhile the city has taken meaningful action.

 

 

 

08/29/21

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

 

This report will cover 3 days at the site. A lot happened in the period between 08/26/21 and 08/29/21.

 

I visited the site on 08/26/21 and found construction activity going on as usual in spite of Mr. Ensor claiming all of the area would be stabilized and sodded beginning last Monday. NO evidence of that can be found. There are several acres of the site with no cover at all in places subject to severe eroding.

 

The drop inlet near the Hargrove roan area has still not been addressed. The silt fence surrounding it is clogged and with holes. Mr. Ensor specifically said the area would be sodded and the silt fence removed last Monday, Aug. 23. It is now Aug. 29 and it still hasn’t been done. The BMPs below that have been failing chronically since I first reported in late July. Just below that QT has installed a gravel ramp several inches deep and about 20 x 20 feet. It has already begun cutting in only a half-inch rain. What happened to stabilizing the entire area? ADEM needs to take that into consideration during the enforcement and penalty assessment.

 

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.“ “Recommend to sod area around inlet immediately and remove silt fence. Silt fence appears to be clogged and water is overtopping berm and running down Valley Lake Road. All bare soil areas shall be stabilized expediently. This will help prevent erosion, aid in infiltration, and slow surface runoff.”

 

NO sodding has taken place. I did see a few straw mats rolled out but no repairs to the BMP issues reported. When asked why they were using straw mats instead of sod, the adjacent landowner was told that they could not get any sod. I have to call that one a willful campaign of misinformation.

On 08/16/21 when Mr. Ensor was here there were at least 30 rolls of sod on site. NONE were used. All are now gone. Hauled off I would guess because not a single one was rolled out! The hay mats are better than nothing I guess but not by much. This kind of activity needs to be taken into consideration during the enforcement and penalty assessment.

 

08/27/21 I visited the site after there was a ½ inch rain and as usual, the area surrounding QT was inundated with mud and water offsite.

 

The newly installed gravel ramp had already lost a few inches of gravel down the road and again there was a heavy load of sediment offsite on private property across the street! Many of the BMPs still had large holes and were not installed properly.

 

Much of the site is still bare. Not even covered with hay.

 

 

 

The pond device for lack of better term is not working and was never constructed properly. Even today, 2 days after any rain it is still belching red water from the pipe and under the failed BMPs into Valley Lake Rd, then into the lake.

 

 

 

 

 

At 11:28 AM, 08/27/21, I photographed Tuscaloosa City officials onsite. By 03:48 PM a “Stop Work Order” was issued. All construction activity except working on BMPs was to cease. At 04:54 I found them still building a concrete form for the front entrance. I notified Tuscaloosa.

I returned Saturday, 08.28.21 and found them still digging ditches and working on everything except BMPs and stabilizing the site. Again, I notified the city and within 30 minutes an inspector showed up and stopped all work. He personally stayed until all workers left the site.

 

Sun. 08/29/21. The site still has about 1/3 of its footprint without cover. BMP have been somewhat attended to. I can’t call it repaired. They patched some of the holes and kicked up some dirt on other places. Additional silt fences have been installed but many are not properly set up.

ADEM needs to take that into consideration during the enforcement and penalty assessment.

 

This noncompliance is chronic. Even ADEM can’t turn a blind eye to the lack of concern for the NOV from ADEM, 2 Stop Work Orders from the city, and a rather flowery response from their engineer, which has not proven to be true. In spite of all of that, as
Hurricane IDA slams into LA. on its way here, no preparations have been made to be ready for the 3 – 5 inches predicted to hit us here.    

 Tuscaloosa City officials showed up in the rain and saw firsthand the problems created by the lack of enforcement. I can already hear the cries of “It was an act of God” “It rained a lot so “”Upsets”” happen”. Under normal circumstances, that might be true. In this case it doesn’t hold up. If you have not installed your BMPs properly and maintained them as prescribed then any upsets and offsite impacts should be considered intentional or at least gross negligence. ADEM needs to take that into consideration during the enforcement and penalty assessment.