VANDERBURGH COUNTY

DRAINAGE BOARD

FEBRUARY 23, 2004

The Vanderburgh County Drainage Board met in session this 23^rd day of February, 2004 at 6:10 p.m. in Room 307 of the Civic Center Complex with President David Mosby presiding.

President Mosby: Call to order Vanderburgh County Drainage Board meeting for February 23, 2004.

President Mosby: Do I have approval of the January 2004 minutes?

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered.

President Mosby: Drainage plan, Eagle Ridge Estates.

Linda Freeman: I made my nice little script here. Eagle Ridge Estates, final drainage plan and report submitted....(audio interference)...what’s going on? It’s not me, I just changed direction. Okay. Final drainage plan and report submitted on February 17^th by Keith Poff from Sitecon. The plan was reviewed by Bill on February 20^th, and recommended for approval by Bill Jeffers, County Surveyor. I’ve got a review summary that states the final plan substantially conforms to county drainage ordinance, and the County Surveyor recommends approval at county drainage board meeting on February 23, 2004. I’ve got a list of review comments that Bill would like to have added into the meeting. If anybody would like to review those, I can read those out loud, or I have provided, I’ve got hard copy, and I’ve provided Madelyn an electronic copy of that. So, if there’s anyone here that needs to hear the comments that Bill Jeffers has for Eagle Ridge estates, I have those in a hard copy.

President Mosby: Is there anybody–

Commissioner Fanello: Does anyone need to....I forgot.

President Mosby: That’s no problem. Is there anyone here pertaining to Eagle Ridge Estates?

Linda Freeman: Bill would like his statements on the record in the minutes.

President Mosby: If no one is here to comment on Eagle Ridge Estates, we will add Bill’s comments to the record.

Following statement provided by County Surveyors Office pertaining to the recommendation of approval of the final drainage plan for Eagle Ridge Estates by the Vanderburgh County Surveyor.

“Review Comments: The following comments have been forwarded to Keith J. Poff, at Sitecon, Inc.

1. Eagle Ridge Estates is a wooded project site divided into large estate lots.

2. While the building lots average one (1) acre in size, many of the lots are smaller than one acre, and will remain under the original 5-year NPDES permit unless the developer successfully exercises “early termination” under 327IAC 15-5.

3. Lots sized over one acre, or project sites comprising two or more lots may result in land disturbance greater than one acre on individual homebuilding sites, and consequently require separate individual NPDES permits available only after approval of individual construction plans.

4. Individual building sites on lots sized under one acre must be developed in conformance with the original Erosion Control Plan (ESC) and Storm Water Pollution Prevention Plans (SWP3s) developed by the project site owner (Maple Leaf Group) and approved for this project site. SWCD currently is reviewing the Eagle Ridge Estates ESC/SWP3.

5. The County Surveyor has completed preliminary review of the ESC/SWP3, and finds it the most complete and well-organized ESC/SWP3 the County Surveyor has reviewed for a project since the enactment of new Rule 5.

6. The “construction phase” SWP3 substantially comports with the new local ordinance for control of storm water run-off from construction sites and with new Rule 5; however, the County Surveyor discovered the following defects that must be appropriately addressed in the “construction phase” SWP3:

●No designated common concrete truck washout and containment for entire project site.

●No stated requirement, instructions, or designation for individual lot concrete truck washouts.

7. The “post construction” SWP3 does not comport as well with new state and local rules, but the County Surveyor is not surprised considering the scarcity of technical guidance, lack of appropriate training, misinterpretation of the new rule, dearth of open communication, and exclusion of local MS4 technicians from ongoing training sessions by the state regulatory agencies. With his editorialization now behind us, the County Surveyor finds the following defects in the “post -construction” SWP3 for Eagle Ridge Estates:

●C1 offers incomplete description of anticipated pollutants; ie: pesticides, road grit, road salt, pet wastes, and swimming pool and household chemicals appear absent from the list.

●C2 appears to provide a sequence addressing “construction phase” practices for individual lots, many of which will remain under the original permit and plan.

●C2 should address sequencing of the installation of permanent practices for the interception, treatment, and fate of post-construction storm water pollutants

●C3 addresses the target very well as far as it goes, but should include maintenance instructions and restrictions related to maintaining unobstructed open grassy swales, prohibition of pet kennels in or near storm water conveyances, clean-up of pet wastes, floatables, road grit, and sediment from gutters, swales, inlets, or other structures installed in common easements on private property.

●C4 is not complete as it does not provide details and specifications from a standard reference manual for structural and non-structural post-construction storm water management practices. Regrettably, the state agencies offer no reference manuals for post-construction practices. The County Surveyor’s “riverfriendly.com” site does.

●C5 is not complete as it does not create a maintenance narrative or guideline to be passed to subsequent property owners as required by the new state and local rules.

●The post-construction SWP3 does not take sufficient credit for very progressive practices that this project offers such as extensive riparian corridors, and preservation and enhancement of native natural habitat and resources.

8. SWCD or DSC may approve the ESC/SWP3s for Eagle Ridge Estates; however, the County Surveyor reserves the option of revisiting the plan to encourage compliance with the local rule.

9. The project site owner proposes construction of all the road, drainage, and sewer infrastructure as a part of the initial phase of construction. Therefore, the County Surveyor recommends the developer finish and permanently stabilize the streets, storm water drainage infrastructure including new or reconstructed open channels, pipes, discharge structures, sanitary sewer and utility lines appropriate control measures and seed mixtures, fertilizer applications, and mulch types and rates of application per USDA/NRCS recommendations for specific conditions at the project site.

10. All disturbed areas that will remain idle for 15 days or longer must be seeded, mulched, or otherwise temporarily stabilized with approved methods by the end of the 14^th day.

11. Some utility companies will not extend services until they feel they can recover their initial investment. According to the rule, the developer must inform utility contractors that they will be totally responsible for managing their own construction activities, repairing damages, and re-stabilized areas within public rights-of-way and drainage easements at such time as their installations occur. The post-construction installation of utilities such as cable TV service or other later installations must include compacted backfill of trenches and re-seeding and re-stabilization of the damaged rights-of-way and easements.

12. The County Surveyor suggests gabions or contained rip rap mattresses be installed at ech end of the culvert under Street Four rather than loose, “hand placed” rip rap, and will not recommend acceptance or maintenance by the county if loose rip rap is found in the pipe or downstream creek bed.

13. The County Surveyor may withhold his approval of any subdivision plat submitted for recording until the ECP/SWP3, and Street and Drainage Construction Plans for the project are submitted to and approved by the Vanderburgh County Engineer (MS4 Operator).”

End of inserted comments by the County Surveyor.

President Mosby: Are there any questions on Eagle Ridge Estates by any member of the Commission or board? Seeing none, chair would entertain a motion.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second to approve final plan for Eagle Ridge Estates. So ordered.

President Mosby: Next, Cayman Ridge.

Linda Freeman: Next is Cayman Ridge. It was previously submitted as Country View. The final drainage plan and report was submitted February 9, 2004 by James E. Morley. The plan was reviewed by Bill on the 17^th and recommended for approval by Bill Jeffers, County Surveyor. He’s got his review summary, the plan substantially conforms to the county drainage ordinance, and the County Surveyor recommends approval at county drainage board meeting of February 23, 2004. He also, same thing, I’ve got a list of review comments that he would like to be entered into the minutes. Is anybody here to comment on Cayman Ridge? I have extra copies. So, we would like those added to the minutes.

Following statement provided by County Surveyors Office pertaining to the recommendation of approval of the final drainage plan for Cayman Ridge by the Vanderburgh County Surveyor.

“Review Comments:

1. The project site owner proposes to build the subdivision in four (4) phases. The County Surveyor recommends each phase be sequenced so that land disturbing activities and associated land-stabilizing measures coincide appropriately with each other and with weather conditions to effectively minimize adverse off-site impacts associated with erosion and sedimentation.

2. The County Surveyor recommends that disturbed land be graded and temporarily or permanently stabilized as quickly as possible using appropriate control measures and seed mixtures, fertilizer applications, and mulch types and rates of application per USDA/NRCS recommendations for specific conditions at the project site. All disturbed areas that will remain idle for 15 days or longer must be seeded, mulched, or otherwise temporarily stabilized with approved methods by the end of the 14^th day.

3. The County Surveyor recommends that all disturbed land be finally stabilized and all permanent management practices installed and operating in accordance with approved designs and with state and local rules before NPDES permits are terminated and local letters of credit released.

4. The County Surveyor recommends open, vegetated spaces within the project and adjacent to its boundaries be preserved in existing or improved native wooded condition along the west line, and established with native or NRCS-approved grasses, shrubs, and trees wherever else applicable to provide natural habitat, riparian corridors, and sight barriers.

5.The County Surveyor recommends speedy and complete relocation (or permanent) stabilization of the unnamed tributary of Firlick Creek, and the excavation and final (or permanent) stabilization of the regional detention basin sequenced as a part of the initial construction phase. The detention basin should be fully operable at least as a temporary silt control and storm water detention basin before streets are paved and homes are built.

6. The County Surveyor suggests use of gabions or contained rip rap mattresses rather than loose, uncontained, “hand placed” rip rap to revet the 4 X 12 box culvert under Road #5.

7. The County Surveyor suggests Indiana Erosion Control Handbook, Indiana Drainage Handbook, or City of Knoxville BMP Manual practices including rock chutes, grade stabilization structures, or other practices more appropriate and effective than rock-lined channels for drainage swales with grades steeper than 6%.

8. The County Surveyor has not completed review of the Erosion Control Plan (ECP) or the Storm Water Pollution Prevention Plans (SWP3s) submitted for Cayman Ridge on 01/17/04. Therefore, the County Surveyor will withhold his approval of any subsequent subdivision plat submitted for recording until the ECP, SWP3s, and Street and Drainage Construction Plans for the project are submitted to and approved by the Vanderburgh County Engineer (MS4 Operator).”

End of inserted comments by Vanderburgh County Surveyor.

President Mosby: Okay, is there any remonstrators present on Cayman Ridge? Anybody that would like to speak? Seeing none. Any questions by any member of the board? Seeing none.

Commissioner Fanello: Motion to approve.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second to approve Cayman Ridge, and we will add Bill’s comments to the record.

President Mosby: Next we have Asbury Pointe Subdivision.

Linda Freeman: Asbury, okay–

Jim Morley, Jr.: Thank you very much.

President Mosby: You’re welcome.

Linda Freeman: Oh, Asbury Pointe Subdivision, preliminary drainage plan report submitted on February 9^th by Morley and Associates. The plan was reviewed on the 17^th and recommended for approval by Bill Jeffers, County Surveyor. His review summary states the preliminary plan substantially conforms to county drainage ordinance, and the County Surveyor recommends approval at county drainage board meeting on February the 23^rd. Same again, I have a report here, review comments that Bill would like to have entered into the minutes.

Following statement provided by County Surveyors Office pertaining to the recommendation of approval of the preliminary drainage plan for Asbury Pointe Subdivision by the Vanderburgh County Surveyor.

“Review Comments: The following comments have been forwarded to Ronald London, P.E., at Morley and Associates. In lieu of reading the comments aloud at the drainage board meeting, the County Surveyor respectfully request the board enter the following comments into the minutes of the meeting, and making the comments available to interested parties:

1. Report is not signed or sealed by a registered engineer or land surveyor as required.

2. Plan sheets C-3, C-11, C-13 are signed and sealed by Ronald London, P.E., as required.

3. Other plan sheets necessary to complete review of a “final” plan, Erosion Control Plan (ESC), and the Storm Water Pollution Prevention Plans (SWP3s) are absent from the submittal.

4. The project site owner does not expressly propose in the report to build the subdivision in phases. The County Surveyor recommends the final plan provide “phased” land development with each phase more explicitly sequenced so that land disturbing activities and associated land-stabilizing measures coincide appropriately with each other and with expected weather conditions to effectively minimize adverse off-site impacts associated with erosion and sedimentation.

5. The County Surveyor recommends the final plan and the ESC/SWP3 demonstrate that disturbed land will be graded and temporarily or permanently stabilized as quickly as possible using appropriate control measures and seed mixtures, fertilizer applications, and mulch types and rates of application per USDA/NRCS recommendations for specific conditions at the project site. All disturbed area that will remain idle for 15 days or longer must be seeded, mulched, or otherwise temporarily stabilized with approved methods by the end of the 14^th day.

6. The County Surveyor recommends the final plan and the ESC/SWP3 demonstrate that all disturbed land be finally stabilized and all permanent management practices installed and operating in accordance with approved designs and with state and local rules before NPDES permits are terminated and local letters of credit released.

7.The County Surveyor recommends the final plan and the ESC/SWP3 demonstrate open, vegetated spaces within the project and adjacent to its boundaries be preserved or established in native trees, native background vegetation, or NRCS-approved grasses, shrubs, and trees wherever applicable to provide natural habitat, riparian habitat or corridors, and sight barriers.

8. The County Surveyor recommends speedy and complete relocation, and final (or permanent) stabilization of the unnamed tributaries of Schlensker Creek on or adjacent to the project site as a part of the initial construction phase to retain, detain, or sufficiently filter, abate, and convey anticipated increased storm water run-off.

9. The County Surveyor recommends speedy and complete excavation and final (or permanent) stabilization of the detention basin sequenced as a part of the initial construction phase. The detention basin should be fully operable at least as a temporary silt control and storm water detention basin before streets are paved and homes are built.

10. The County Surveyor recommends the final drainage plan and the ESC/SWP3 demonstrate some form of filtration, infiltration, retention, detention, or alternative abatement of the increased storm water run-off anticipated to discharge from Lot One through Lot 13, Lot 79 through Lot 91, and from Asbury Pointe Drive into the tributary of Schlensker Creek.

11. The County Surveyor recommends the final drainage plan and the ESC/SWP3 demonstrate stream bank improvements and protections fro the tributary crossing the Raab property, Lot 57, Lot 56, Lot 55, Lot 54, Lot 53, and including the junction of the tributary with the other open drain at and from the southeast corner of Lot 53.

12. The County Surveyor recommends the final drainage plan and the ESC/SWP3 include details and specifications for management practices and control measures from the Indiana Erosion Control Handbook, the City of Knoxville BMP Manual, and other standard reference manuals for the application of appropriate construction phase and post-construction practices throughout the project site.

13. The County Surveyor recommends home sites benched into hill sides be cut, graded, prepared, and temporarily stabilized early in the construction sequence and maintained stable in the preparation for individual lot development.

14. The County Surveyor suggests that any open, grassy swale with design grades less than 0.8% be provided with at-grade or subgrade provisions that prevent chronic wetness. Alternatives to “paved ribbon liners” will be considered, but the County Surveyor will recommend sufficient retention of letters of credit to guarantee final/permanent vegetative stabilization of open grassy swales with no evidence of chronic wetness.

15. To complete a review of Asbury Pointe ECP/SWP3, the County Surveyor requests the plans be reorganized and indexed sequentially to conform to IDNR/DSC’s “interim review” checklist, and that the content and information required by state Rule 5 and the local construction site run-off control ordinance be more fully submitted as a part of the final drainage plan.

16. The County Surveyor will withhold his approval of any subsequent subdivision plat submitted for recording until the ECP/SWP3, and Street and Drainage Construction Plans for the project are submitted to and approved by the Vanderburgh County Engineer (MS4 Operator).”

(End of inserted comments by Vanderburgh County Surveyor.)

President Mosby: Is there anybody or any remonstrators or anybody that would like to speak to Asbury Pointe Subdivision? Please come forward, state your name and address for the record.

Rudolph Raab: Yes, I’m Rudolph Raab. I live adjacent to it, and it appears like I’m going to have about 17 homes bordering the north and west side of my home. There is a natural drain catty corner across the northwest corner of my property, and I was wondering what they was going to do with that?

President Mosby: Okay, Linda, did you hear what his question was? Please state your question again, she was–

Linda Freeman: I’m sorry, I was–

Rudolph Raab: On the northwest corner of my property it makes an angle across, the natural drain that’s there now, and when you build all these homes, and put all these driveways in, you’re going to be quadrupling or more the water running across my property. The map that I was sent, it appears like it’s going to be in the same place. It’s going to be a serious erosion on the northwest corner of my property if you go through this.

President Mosby: She’s getting the info out.

Kevin Winternheimer: Is the engineer here?

Linda Freeman: The engineer is here, and he is more than willing to talk to the gentleman and explain any questions or concerns that he has. I also have a set of plans if you guys need to look at them. This is a preliminary plan. This is just allowing them to go forward.

Rudolph Raab: I realize that, but I want it brought up.

Linda Freeman: I know, you want your concerns addressed, but this is a preliminary thing that allows them to go ahead and–

Rudolph Raab: I was told there is going to be a containment pond.

Linda Freeman: Right. There will be some type of retention.

Rudolph Raab: I’m not real sure I can follow my map, because I can’t really tell where that’s going to be.

Linda Freeman: Right.

President Mosby: Okay. Go ahead.

Ron London: I was going to say, I’ve got a set...my name’s Ron London with Morley and Associates. I will be more than happy to talk with the gentleman outside. I’ve got a full set of plans, and I can go through with him thoroughly out there, if that’s okay with the Commissioners.

President Mosby: Yes, we’ll have Ron get with you, and then if, I mean this is a preliminary, so it has to come back to us for a final plan. If at that point that you aren’t satisfied, then we just need for you to come back on final plan, and that’s where we could discuss it further. At this point he’ll get with you privately and see if he can work out whatever differences you might have before it goes back to Bill.

Rudolph Raab: Okay, I would appreciate that.

President Mosby: That’s no problem. Thank you.

Kevin Winternheimer: If I might, sir, you might, if you’re not satisfied with what they tell you, contact Ms. Freeman and Mr. Jeffers and tell them, you know, if you’re not satisfied with his explanation or what questions you still have. Maybe they can get it worked out.

President Mosby: Is there anybody else that would have any questions pertaining to Asbury? Seeing none, motion, or chair would entertain a motion to accept this on preliminary plan.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second to accept preliminary plan on Asbury Pointe Subdivision.

President Mosby: Next we will move to new business, receive Surveyor’s annual report on regulated drains.

Linda Freeman: Basically, we’re planning to do, I mean, in a nutshell we’re planning to do basically what we did last year, barring, I think we had three, let’s see with Rexing, we had four special projects last year, two of which are being held over because Union Township couldn’t get in the bottoms. They submitted a letter December the 16^th to our office, and it was submitted to you guys during the December drainage board meeting. You guys approved the extension of that. They are going to honor their prices that they bid in 2003 to complete the project in 2004, that 30 cents a foot, that’s really inexpensive. Everything else is basically the same, the mowing, spraying, dormant spraying, sterilization of the bottoms. We’ve got one project that we’re looking at on the side, around Summit Place, just south of Target. There is Bonnie View and Bonnie View extension, we want to silt dip that out and then clean the concrete liner. That’s that ditch that they ran, that runs east west right there along the south line of the Target property. We’ll clean that out. That’s about it, I mean, basically what we did last year and then those two special things. Oh, and Pond Flat Main, but we’re looking at that. Doug looked at that today, and he’s not even sure we really need to go through there. I don’t know, but Doug was looking at Pond Flat Main today, and we may add that to (Inaudible. Away from mic.). Here’s a complete set of what we intend to be the specifications. Let’s see, Pond Flat Main is not under special provisions, but that’s if we decide that something does need to be done to that ditch, then we’ll add that in. If you guys want a copy of any of this stuff, I have it. We’ll post it on our website as soon as it’s... we’ve still got a few little tweaks. You know, a couple of things that Doug needs to calculate. I’ve got some....can we move on to other business?

President Mosby: Yes.

Linda Freeman: Or is there any questions on the–

President Mosby: Any questions on the annual report that you received?

Linda Freeman: The annual report and the–

President Mosby: Sign and authorize the publication of notice to ditch maintenance bidders.

Linda Freeman: It’s just the notice to bidders. We are asking for the notice to bidders to be in, it’s on the back of the annual report if you flip that over. (Inaudible. Away from mic.) We’re asking that they, the bids would be opened on March the 22^nd at the regular drainage board meeting, and then we’re asking that the advertisement be in the paper, what, this Friday and again March the 5^th.

President Mosby: Do I have a motion to advertise?

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered.

Madelyn Grayson: Linda, can you e-mail that to me? Just the notice to bidders.

Linda Freeman: Yeah.

Madelyn Grayson: Okay.

Linda Freeman: I’ve got two copies that aren’t stapled and don’t have this on the bottom that I would like you guys to sign for that.

Linda Freeman: So, no questions on the ditch maintenance specs or anything?

President Mosby: Yes, receive and approve 2004 ditch maintenance specifications.

Linda Freeman: Yeah, that’s kind of what I just covered too.

Kevin Winternheimer: That’s what she just covered.

President Mosby: Okay, so we’ll just keep going.

President Mosby: Other business, ditch maintenance claims.

Linda Freeman: Right, I have a few claims. We have ditch claims that have their proper paperwork attached; the certification of payments, because these are the last payments for these folks, for their 15% retainage. Yes, this is just their final payments. That we have approved that they have paid all their vendors, and we’re just finalizing their payment.

Commissioner Fanello: Do you need a motion, separate motion to approve?

Commissioner Mosby: Motion to approve ditch maintenance claims.

Commissioner Fanello: I’ll make that motion.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered.

President Mosby: Encroachment agreements.

Linda Freeman: Do we have any encroachment agreements?

President Mosby: I don’t have any.

Madelyn Grayson: Just the old one, no new one’s. The next one on the list, I don’t know if Bill addressed that with you or not.

Linda Freeman: Okay, and that, where he’s got the revisit an unrecorded 1995 encroachment agreement for Michelle Loehrlein. Apparently that’s handled, they have their permits and things. I’m not sure exactly what transpired, but Bill said that’s been handled. That they have their building permits.

Madelyn Grayson: Well, that’s good enough for me.

Linda Freeman: Did we get any petitions?

President Mosby: Anybody else want to address the board real quick?

Linda Freeman: Since I’m it.

President Mosby: You want us to give you direction? I ain’t never seen that one on there, direction from the board.

Linda Freeman: I was really, when I looked at the Commissioners agenda and it had rezonings on it, I was like, oh.

President Mosby: I’ll take a motion to adjourn.

Commissioner Fanello: Motion to adjourn.

Commissioner Crouch: Second.

(The meeting was adjourned at 6:23 p.m.)

         Those in Attendance:

         David W. Mosby             Catherine Fanello           Suzanne M. Crouch

         Kevin Winternheimer      Linda Freeman               Madelyn Grayson

         Rudolph Raab                Jim Morley, Jr.                Ron London

         Others Unidentified         Members of Media

VANDERBURGH COUNTY

DRAINAGE BOARD

David W. Mosby, President

Catherine Fanello, Vice President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.