AGENDA #3a(2)

 

TO:                  Mayor Kevin Foy

Chapel Hill Town Council

                        Town Manager Cal Horton

 

FROM:            Deborah Andrews

 

RE:                   Storm water drainage on Newton Drive, Durham, NC

 

DATE:             March 17, 2003

 

What follows is a description of the property and concise chronology of the drainage problem that exists on my property, 61 Newton Drive, and that belonging to Chris and Jemma Grindstaff, 63 Newton Drive.

 

• Newton Drive was developed between fall of 1984 and winter of 1986; the property was sold by Mr. and Mrs. Carlton Mize to Ticon Construction in September 1984; it was annexed by the Town of Chapel Hill in 1986.  It is a cul-de-sac off Pope Road that runs between the Montessori School and Ephesus Baptist Church; an 18” pipe runs from a storm drain at the street along the property lines of 61 and 63 Newton Drive; this runs downhill to an inlet at 61 Newton (connecting to a drain that runs under 61 Newton from 59 Newton); it turns, crosses the back of 63 Newton and opens to an outlet to the easement behind Colony Woods Drive.
• Summer 2000—the first sinkhole developed

Ø      I excavated down to the pipe & could see that earth was escaping through a separation in the joint of the concrete pipe.

Ø      I called OWASA first & learned that it was not appropriate agency & was referred to the Town of Chapel Hill Street Maintenance.

Ø      I met with an engineer (may have been Robert Sykes) & was told that the town did not control the 20’ easement, that it was my responsibility as the homeowner to maintain the drain; when I questioned this & explained that the pipe accommodated storm run-off for the entire street, I got the same response, that it was my responsibility.  The engineer did, however, indicate that the pipe had been laid upside-down with the bell-end of the pipe facing uphill.  Had the pipe been laid properly, it would have not separated, but likely locked in place from the effects of gravity and settling.

Ø      I patched the separated joint w/ heavy-duty polyethylene plastic, rock, & and a crust of Quikrete.

Ø      The patch held until summer of 2002.

 

• Summer/Fall 2002—sinkhole developed for 2^nd time

Ø      The patch held; earth was escaping from underside of pipe.

Ø      Later in the fall, I consulted with a drainage/erosion control landscaper who suggested that I contact Ms. Bateman (he had previous conversations with her regarding another drain problem).

Ø      I contacted Ms. Bateman and she referred my inquiry to Fred Royal.

Ø      I met with Mr. Royal (mid-December); he explained the Drainage Assistance Program, but indicated that funds were close to exhaustion for fiscal year 2002-03; he did photograph the sinkhole and submitted his report to me indicating an estimate of $900.00 on 12/16/02.

Ø      In a subsequent conversation with Fred Royal, I asked if he advised my waiting until the new fiscal year 2003-04, but he indicated that there was no guarantee that I would be considered.

 

• Winter 2003

Ø      The Grindstaffs and I consulted our respective surveys and discovered that the drain straddles the property line; in an effort to prepare their home for the real estate market, the Grindstaffs indicated that they were anxious to resolve the sinkhole.

Ø      I consulted with the same drainage/erosion control landscaper who was very concerned about what might be uncovered when the entire length of the drain is excavated and indicated that the cost might be well-above Mr. Royal’s $900.00 estimate, that it may well run into several thousand dollars. 

Ø      On March 17, 2003, I received a return phone call from Robert Sykes who informed me of a meeting on March 19, 2003, between his office (Right of Way Drainage Maintenance) and Fred Royal (Storm Water Management) to discuss the Newton Drive situation.  He plans to apprise me of the outcome of that meeting.

Ø      On March 18, 2003, John Henner of Hannah Utilities, assessed the drain problem to find that the pipe was not laid in a straight line from the storm drain to the inlet in my yard.  In his professional opinion, to properly correct the problem, the entire length of pipe (approximately 70’) will need to be excavated & reinstalled properly, using the existing pipe if not damaged or replacing it w/ new pipe.  His estimate is roughly $3500.00 [($40/ft. x 70 ft) + $500.00 set-up].

Ø      I spoke with Fred Royal on March 18, 2003, re: the above meeting and the current policy of the Town of Chapel Hill NOT to maintain any drains on private property where there is no easement; we agreed that the current dilemma is one of policy.

 

Both the Grindstaffs and I understand the current policy; nevertheless, we agree that a policy change is in order and that we should receive assistance with the repair; the drain serves not only the needs of our two lots, but all thirteen homeowners on Newton Drive. It accommodates storm run-off from a publicly maintained street and channels it to a publicly maintained easement & drain on Colony Woods Drive.

 

Thank you in advance for your time and consideration.