DRAFT Annotated Time-line of Fort Ward Park Water Problem Communications January 29, 2010

DRAFT Annotated Time-line of Fort Ward Park Water Problem Communications

January 29, 2010

Prepared by J. Glenn Eugster on behalf of the residents of Marlboro Estates and members of the Oakland Baptist Church

The following is a brief description of communications and activities related to water problems within and adjacent to Fort Ward Park.  The noted correspondence is available on request.

1978 Marlboro Estates Section 3 Subdivision Approved by the City of Alexandria, VA.

1979 Fort Ward Park Master Plan, prepared by Transportation & Environment Department (T&E), notes ravine and need to rip-rap water course.  City Council Meeting notes reference environmental degradation and the need for city action.  This is one of the earliest acknowledgements of the park ravine being used for water flow/storm water management.  City also allocates money for growing nursery stock and existing area is filled with new soil and a greenhouse built.  The area where this activity is proposed to occur is shown as “Overflow Parking“ on the master plan.  This proposal to changes uses within the park was done without a Special Use Permit.

2002 +/- Recreation, Parks & Cultural Activities Department (RPCA) paves area adjacent to cemetery and Marlboro  Estates with aggregate stone and intensifies the uses of the area to include district maintenance vehicle storage, solid waste transfer station, storage of mulch, wood, stone, debris, and soil.  The area is used regularly by large park and solid waste vehicles, as well as private vehicles dumping trash during off-hour.   No Special Use, soil erosion and sedimentation, solid waste, storm water management, or archaeological permit is secured for these uses/ activities.

January 3, 2006 and June 26, 2006 Margaret McCormick wrote to the Director of RPCA about the sewer behind her house backing up and causing a torrent of water to sweep into her yard. The rapid water knocked down the entire back corner of her fence. After that the city cleared the sewer out to Van Dorn St. and the problem was much better. If the openings to the sewer are clogged by logs, branches and leaves all the water sweeps into her yard during a heavy rain. 

April 1, 2008 Note from Roger Blakely of Recreation, Parks & Cultural Activities (RP&CA) regarding City’s re-grading work along the drainage swale that follows the property line between Marlboro Estates and Fort Ward Park maintenance yard.  The grading was intended to screen garbage dumpsters, maintenance equipment, and materials from nearby homes.

September 2008 Meeting between residents and Council Member Del Pepper.  Includes discussions between Margaret McCormick and Ms. Pepper about the ravine flooding and her property.  Margaret was referred to T&E for help.

October 16, 2008 Facilities Plan for Fort Ward Park posted on Alexandria website by RP&CA without public review and comments.  Plan includes proposals, which were submitted for funding, to increase the paved parking areas and add large picnic pavilions.

December 13, 2008 remarks made to Mayor and City Council at a Public Council Meeting by Glenn Eugster.  “City park managers have ignored, resisted and actively worked against residents who have expressed concerns about garbage, flooding, noise, crime, soil erosion and cultural resource degradation“.

March 17, 2009 At the request of the homeowners’ two city inspectors from Transportation & Environment (T&E) came to the residence of Dennis and Lynn Carroll to look at flooding problems along the rear of their property.  The inspectors said that nothing on the park side is contributing to drainage problems on the Carroll’s property.

May 10, 2009 Note to Mr. Daly of T&E about storm water issues related to non-permitted changes the city made to the maintenance yard at Fort Ward Park.

May 10, 2009 note from Arnold Ambers of the Oakland Baptist Church regarding family concerns about storm water damage from city property to the graves within the Oakland Baptist Church Cemetery.

May 13, 2009 Alexandria Storm Water Public Outreach Meeting held at T.C. Williams H.S.  Detailed comments, discussion and photographs presented to T&E employees and consultants about the storm water problems in Fort Ward Park, Oakland Baptist Church Cemetery, and Marlboro Estate homes.

May 15, 2009 Storm water comments from the Storm water Outreach Meeting forwarded to Lance Mallamo of the Office of Historic Alexandria (OHA) and Rich Baier of T&E who was Acting Director of RP&CA. 

May 22, 2009 Formal comments on storm water problems sent to Mr. Daly of T&E, with copies to Lance Mallamo of OHA and Rich Baier of RP&CA/ T7E.

June 3, 2009 Note from Glenn Eugster to Lance Mallamo of OHA, Laura Durham of RP&CA, and Rich Baier of RP&CA/T&E about free storm water management training from the Center for Watershed Protection.

June 3, 2009 Note to Jesse Maine of ??? with storm water comments, concerns and a request for assistance.

June 26, 2009 Note to Rich Baier of RP&CA and Lance Mallamo of OHA indicating that the runoff from the City's maintenance yard is continuing to damage graves in the Oakland Baptist Church Cemetery. I noted that I spoke with both on April 30, 2009 about some short-term solutions, and participated in City Storm Water Outreach and Friends of Fort Ward Park meetings where I raised this problem with your staff again. I asked if any action would be taken to improve the management of runoff on this property. I offered a good collection of recent photos that show how the problem has gotten worse since April if there was a need for more documentation.

June 26, 2009 Follow-up note to Rich Baier of T&E advising him that the Oakland Baptist Church will want to know what the City's plan is for stopping the storm water damage to the graves and gravestones that the City's property is causing. The hay bales you promise next month are certainly a short-term first step.

June 26, 2009 Note to Mark Jinks, Deputy City Manager indicating that we have been
trying to get the City to address the ongoing problem with storm water flows from the maintenance yard into the Oakland Baptist Church Cemetery. As the rains have continued this year runoff from the City has caused erosion of headstones and the subsidence of graves.

I also indicated that it appears that the maintenance nursery/ area does not have a Special Use Permit (SUP). Also this area does not appear to have a storm water or soil and erosion permit. These permits seem to be required by the City and are intended to avoid the type of damage that is being caused now.

June 26, 2009 Note from Rich Baier of RP&CA/T&E indicating that hay bales will be placed along the up-slope of the cemetery boundary next month.

June 26, 2009 Note from Mark Jinks, Deputy City Manager, about the hay bales being a good temporary solution to the storm water problems.  He indicated that, “It is my understanding that there are many uses in the City that predate the implementation of a the use permit system and since the maintenance yard has been in place for some time it likely predates the SUP process, I suspect that is why there is no special use permit on file. I would suspect that this is also the case with any storm water management plan as well, as those plans are a more recent City
requirement. That said, it said this does not mean that the City should have carte blanc to do what it wants on any property. Rather, it would seem the City should seek to follow a "best practice" or "good practice" model (to the degree that budgets allow). Either way a maintenance yard adjacent to a residential area (or even another business area) should not have been in the state it was in until recently when actions were taken to
clean it up“.

July 2, 2009 Note to Rich Baier of RP&CA and Lance Mallamo of OHA indicating that the hay bales work was incomplete and city water runoff continues to damage the graves.

July 2, 2009 Note from Rich Baier of RP&CA/T&E indicating that the engineering section of T&E recommended the configuration.

July 17, 2009 Note to Lance Mallamo of OHA and Rich Baier of RP&CA/T&E requesting that the city complete the hay bale storm water management work.  I offered to help the crew locate the missing bales.  I also offered to complete the work myself.

July 17, 2009 Note from Rich Baier of RP&CA/T&E indicating that the maintenance yard alterations aren’t causing runoff. The runoff into the cemetery predates that maintenance yard.  He is willing to meet to discuss the completion of the hay bale work.

July 21, 2009 Note to Mark Jinks, Deputy City Manager indicating that we are still hopeful that someone from the City will follow-up with the storm water problems before the next large rainfall.   I indicated that we were hoping to hear from Rich Baier but my request may be caught in the Recreation Department
leadership change. The City started the work but hasn't gotten back to complete the task.  I noted that we would be glad to complete the work for the City if someone will give us approval to do so.

July 22, 2009 Note to Rich Baier of RP&CA/T&E agreeing to meet on August 6, 2009 to discuss storm water damage.  I noted the correspondence from Roger Blakely of RP&CA about the regarding of the swale and how that has contributed to the storm water problems.

August 24, 2009 Note and photos to Rich Baier of RP&CA and Lance Mallamo of OHA about the storm water flows and the impact of the recent drainage work done at the Fort Ward Museum on those flows. Photos include pictures of the storm water flows from the Museum, and of the ravine and the pond.

August 24, 2009 Note from Margaret McCormick regarding the damage to her fence from storm drain back-up.  Ms. McCormick indicates that this has been a problem for 4-5 years.

August 24, 2009 Meeting with Rich Baier of T&E; Lance Mallamo of OHA; Jim Spengler and Roger Blakely of RP&CA; Oakland Baptist Church members, Dave Cavanaugh from the Archaeology Commission to discuss storm water problems.  Group discussed problems and viewed the cemetery and the two new maintenance yards closest to the graveyard.  Group did not enter the maintenance/nursery yard and view other water problems because the gate was locked and city employees didn’t have a key.

August 24, 2009 Note from Rich Baer of T&E about what he saw during the site visit.  He noted that: 

1) Storm water flows were continuing along the last 30-50’ of city fence adjacent to the cemetery and perpendicular to Marlboro Estate residences.  This runoff is coming from the maintenance yard, the properties of Eugster/ Weatherly and Fulton/ O‘Leary, and other up-lands closer to Braddock Road; 2) City re-grading of the drainage swale within the maintenance area was done to prevent overland flows from impacting the cemetery; 

3) Erosion has been the result of runoff from homeowners within Marlboro Estates and from the Oakland Baptist Church’s efforts to place fill in eroded areas; and 

4) The swale along the interface between park, OBCC and Marlboro Estate homes “appears to be absent, minor, if existing at all.” 

No actions were proposed to be taken by the city and Mr. Baier noted my willingness to speak to homeowners about their contribution to storm water runoff.  He also expressed concern about a dead tree within the cemetery and the danger that creates to the graves.  He indicated he would help Jim Spengler with technical assistance but Jim would be the contact from now on.

August 24, 2009 Note from Roger Blakely of RP&CA indicating that RP&CA will complete the hay bale work along the park-cemetery fence.

August 25, 2009 Note to Rich Baier of T&E, Jim Spengler and Roger Blakely of RP&CA, and Lance Mallamo of OHA with comments on Rich’s note including:

1) disagreement with Baier’s statement about the purpose of the city’s re-grading along the property line; 

2) need for the city and the homeowners to work together to solve the storm water problems; 

3) questions about the multi-jurisdictional nature of the management of Fort Ward Park and the problems that this type of multi-objective management causes.

August 25, 2009 Note from Rich Baer of T&E indicating that he cannot speak to RP&CA’s intent.

August 25, 2009 Note from Jim Spengler of RP&CA indicating that he is the contact for all Fort Ward activities.  He noted that he will marshal the staff and resources, and will not pass citizens off to other agencies.  He also noted that he has other parks to care for.

September 22, 2009 Team of surveyors from T&E was surveying the topography in Fort Ward Park, around the cemetery and within the maintenance yard.

Mr. T.J. Kennedy, who works in T&E, said the survey group was taking measurements to prepare a topographic map to look closer at the water drainage problems that have been impacting the cemetery.  Mr. Kennedy said he believes that “most of the water coming into the cemetery is from the City property and they will be looking at ways to channel the water away from the cemetery“.

????, 2009 Personal conversation with Geoff Lyon regarding the ravine pond near Margaret McCormick’s home.  He expressed interest in writing a letter to the City Manager and asked for my assistance.

November 19, 2009 Letter to James Hartman, City Manager from Geoff Lyons regarding concerns about the de-facto beaver pond along the ravine in Fort Ward Park.  He noted the stagnant water, possible mosquitoes, danger to children, and the city’s lack of attention to this matter.

December 3, 2009 Note from Jim Spengler of RP&CA regarding comments on Fort Ward Observer.  Mr. Spengler wrote, “Your comment about the beaver dam, stagnant water and mosquitoes is way over the top. I walked the park myself and gave attention to this area. There is no standing or stagnant water much less danger from West Nile. Your were copied on my correspondence with Lt. Col. Lyon and know that he agreed with this assessment and suggested course of action. But you choose to still present this as an imminent danger not responded to by the city.

In your repeated comments about drainage in the park and the city's failure, you don't mention those homeowners from Marlboro Estates that continue to drain their roofs and yards into the park. Glenn you know that you did this with black drain pipe directly into the cemetery. If you wanted to give this subject fair treatment you would mention this outright.

December 7, 2009 Letter from Jim Spengler, RP&CA to Mayor and City Council, City Manager, City Attorney, Rich Baier of T&E, Alexandria Health Department, past President of Seminary Hill Association, in reply to Geoff Lyon‘s letter to the City Manager.  Mr. Spengler investigated “the alleged blockage” and public nuisance and concluded:

1.  There was no standing water (when he visited the site);

2.  The tree that city staff topped seems to be protecting the storm water inlet;

3.  The longer-term issue is storm water drainage throughout the park;

4.  T&E staff, Mr. Spengler and the Fort ward Park Manager inspected the area and agreed that: a) debris in front of the downed tree will be cleared; b) the tree trunk will be left in place; c) staff will check the area after storm events; d) this limited action will decrease the likelihood of additional erosion and the inlet structure being overwhelmed in flood events.

December 9, 2009 Note from Walter Powell of RP&CA indicating the blockage to the storm drain was cleared and the water flows very well.

December (before Christmas Day) 2009 City/ contractor pushes Fort Ward Park maintenance/ nursery yard mulch pile into drainage swale adjacent to Marlboro Estates homes (Carroll’s, Kling-Sullivan’s, Dilley’s residences) in an effort to “clean-up” maintenance/ nursery yard.

Overall:  “A couple of thoughts: Since moving into our house in 1996, every time there is a significant thunder storm, we have a small stream form in our back yard that is coming from the maintenance yard. Water pools in the corner of yard next to the Kling’s. The indentation from where the water is coming from the maintenance yard is growing each year. From my perspective, the erosion problem is more wide spread then just the cemetery“.  Thanks for gathering our comments. 

After reading what Elizabeth Sullivan and Dennis Carroll wrote it is very obvious that we are at the beginning of a stream that begins in the maintenance yard and then feeds into the Kling’s and then into the Carroll’s yard“. – Thad Dilley 12/30/09

Overall:  “I agree that something must be done about the "pond" in Ft. Ward, but frankly right now I'm more concerned about the "pond" in my backyard. Before the last few years, my yard was never "wet". Now, after Roger's efforts in the maintenance yard it contains standing water almost all the time, especially after rain or snow. I've had landscaper designers out and I will have to spend a good deal of money to landscape and install a rock bed to try and remedy this situation. I think removal of the excess debris piles near my fence will probably help but it seems they've somehow really changed the topography of that area. It's as if they've abandoned the maintenance yard never to return or to clean up their mess. The trash in and around the greenhouse, which you've nicely documented in photos, is appalling. The piles of debris should be eliminated because of rodents and drainage issues“.--Elizabeth Sullivan 12/10/09