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Highpoint Oaks-CS140718 Halie Hernandez From:Michael Garza Sent:Friday, July 18, 2014 7:51 AM To:Halie Hernandez Subject:FW: High Point Oaks Estates - Mtg on site for SW3P & Continued Efforts Attachments:071714 Notice of Violation.pdf Can you file this in the Coppell greens correspondence, the email and the attachment. Thanks, Michael Garza, P.E. Assistant Director of Engineering Engineering Department City of Coppell, TX www.coppelltx.gov 972-304-7019 (office) Please take our customer service survey From: Dean Dumke [mailto:ddumke@rpmxconstruction.com] Sent: Friday, July 18, 2014 5:15 AM To: Jason Longbine; Rusty Combs Cc: jkaiser@jbipartners.com; MIHomes Louie Ocana x115 (locana@mihomes.com); MIHomes Bryan Poche x111 (bpoche@mihomes.com); Kimberly Morris (kimberlymorris@cityoflewisville.com); Michael Garza Subject: High Point Oaks Estates - Mtg on site for SW3P & Continued Efforts Jason L, We were informed of an additional situation yesterday at 12:45p, which we responded to Kim Morris, Lewisville, with meeting on site with her at 1:30p. When we met last week, with HOA, Coppell, Lewisville, Trinity Green, and RPM personnel, we addressed the items we all thought were the culprit and met with Phil LaBerge, HOA, later in the week to get approval to add additional measures. Per the pictures below we have taken initial steps to assist in controlling the water we found coming from the west location at yesterday’s meeting and today we will add additional control measures to minimize the impact to the Coppell HOA Subdivision to the south of the High Point Oaks Estates. We are taking every event seriously and are making every effort to minimize any impact to any of the perimeter areas outside this project. Please feel free to keep me informed as I have requested Rusty, Trinity Green, to do the same. Rusty is having additional personnel to look at the site today to evaluate the site to see what additional measures can be done to minimize the discharge of sediment. The necessary modifications will then be added and continue to be monitored by the SWPPP personnel. I have also included the Lewisville Notice of Violation received yesterday. Thank you, Dean Dumke 1 Sr Project Manager 469-223-7879 ddumke@rpmxconstruction.com 5208 Tennyson Pkwy, Suite 130 Plano, Texas 75024 CONFIDENTIALITY NOTICE - The information contained in this transmission, including attachments, may be (1) subject to the Attorney-Client Privilege, (2) attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you are notified that you may not disclose, print, copy or disseminate this information. If you have received this transmission in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this e-mail may be a violation of criminal law. From: Jason Longbine [mailto:jlongbine@cityoflewisville.com] Sent: Thursday, July 17, 2014 4:13 PM To: Rusty Combs Cc: Dean Dumke; jkaiser@jbipartners.com Subject: Re: High Point Oaks Estates - Mtg on site for SW3P I do understand and believe that you guys are doing what you can, but this is the third time this has happened in about as many weeks. We have an enforcement response plan that dictates what actions we must take in response to non-compliance. Non-compliance does not necessarily mean that something was done wrong, or with negligence. Our records indicate that everyone involved has been cooperative, and has thus far taken reasonable corrective actions in a reasonable time frame. But regardless, there have been multiple discharges which have effected adjacent property. If a problem continues to occur, I am required to escalate enforcement actions in response to that. As I said before, this enforcement action does not imply that there has been any wrong doing. It simply establishes that the BMPs are not adequate, and that aggressive steps need to be taken to reduce the offsite impacts. Taking into consideration the strength and frequency of the storms that we have seen the past few weeks, and what those storms have done to the otherwise normally effective BMPs, extra care needs to be taken. I have no doubt that the BMPs were chosen and designed to function effectively during storms that we would normally expect to encounter at this time of year, in a region that has been in drought-like conditions for a few years. But we are not seeing those same conditions, and you have to respond accordingly. Thanks, Jason Longbine Storm Water Specialist Certified MS4 Specialist Storm Water Division City of Lewisville (972) 219-3507 2 *This communication, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, you have received this e-mail in error and any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please destroy the original and all copies in any form, notify the sender of your receipt and the destruction by reply e-mail, and provide anyone to whom you have forwarded or otherwise disseminated any contents of this message with a copy of this notice. Thank you for your cooperation. This communication contains the thoughts of the sender and does not represent official policy of the City of Lewisville unless the communication specifically so states. On Thu, Jul 17, 2014 at 3:00 PM, Rusty Combs <rcombs@trinitygrn.com> wrote: Jason, Dean and I just met your inspector onsite at 1:30. We did find some silt fence that been undercut by the water on the construction site. We will repair and install J hooks so that hopefully doesn't happen again. We will also install a few silt fence v-check dams along the other flow line of water coming from the site. In addition, we are adding a line of wattles to the last v-check installed to assist in filtration. We are doing everything we can with temporary BMPs to filter the water until the permanent solution is in place. I will send out photos of the wattles and v-checks once installed. Rusty On Thu, Jul 17, 2014 at 1:16 PM, Jason Longbine <jlongbine@cityoflewisville.com> wrote: Gentlemen, My inspector was out at the site, and you are now flooding the Coppell property from the other side of the drainage spillway. I believe it is the west side. The previous side appears to be functioning properly. I am providing some photos. I would suggest that you contact Phil and get out ahead of this. If he hasn't already been made aware of this, I'm sure he will soon be. It hasn't really rained that hard yet, so if it rains a lot more, or we get a heavy downpour, it is probably going to be much worse. Do you know if that area has been inspected recently? Kim said that it appeared that the water was going under the fence rather than over the top. I don't think the vegetation should be relied on to be a filter BMP, because from the photos, it doesn't look like it is doing much. Thanks, Jason Longbine Storm Water Specialist Certified MS4 Specialist Storm Water Division City of Lewisville 3 (972) 219-3507 *This communication, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, you have received this e-mail in error and any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please destroy the original and all copies in any form, notify the sender of your receipt and the destruction by reply e-mail, and provide anyone to whom you have forwarded or otherwise disseminated any contents of this message with a copy of this notice. Thank you for your cooperation. This communication contains the thoughts of the sender and does not represent official policy of the City of Lewisville unless the communication specifically so states. On Tue, Jul 8, 2014 at 10:06 AM, Dean Dumke <ddumke@rpmxconstruction.com> wrote: Jason, Rusty and I will be meeting your Lewisville rep, and HOA President, Larry Reed, on site today at 11a. I have spoken with Phil LeBerge, HOA Rep, this morning and he was unable to attend due to previous scheduled meeting. Thank you, Dean Dumke Project Manager 469-223-7879 ddumke@rpmxconstruction.com 5208 Tennyson Pkwy, Suite 130 Plano, Texas 75024 4 CONFIDENTIALITY NOTICE - The information contained in this transmission, including attachments, may be (1) subject to the Attorney-Client Privilege, (2) attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you are notified that you may not disclose, print, copy or disseminate this information. If you have received this transmission in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this e-mail may be a violation of criminal law. From: Jason Longbine [mailto:jlongbine@cityoflewisville.com] Sent: Tuesday, July 08, 2014 10:01 AM To: Rusty Combs Cc: jkaiser@jbipartners.com; Dean Dumke Subject: Re: FW: Gehan Homes Development Rusty, Thanks for the update. Like I said before, from what I have been told, it seems that everyone is doing as much as they can do, as quickly as they can do it. I just want to make sure that HOA representative is kept in the loop so that he understands this as well. I'm sure that his frustration is not only from this allegedly happening twice recently, but also being uncertain as to what, if anything, was being done to rectify the situation. If he can be reassured that this is going to be rectified, but that time is needed to complete it, then I think that will go a long way to keep things from escalating out of control. Thanks, Jason Longbine Storm Water Specialist Certified MS4 Specialist Storm Water Division City of Lewisville 5 (972) 219-3507 *This communication, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, you have received this e-mail in error and any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please destroy the original and all copies in any form, notify the sender of your receipt and the destruction by reply e-mail, and provide anyone to whom you have forwarded or otherwise disseminated any contents of this message with a copy of this notice. Thank you for your cooperation. This communication contains the thoughts of the sender and does not represent official policy of the City of Lewisville unless the communication specifically so states. On Tue, Jul 8, 2014 at 9:04 AM, Rusty Combs <rcombs@trinitygrn.com> wrote: Jason, I spoke with Dean this morning, since there was absolutely no rain in the forecast, they were working to excavate the area in question to install the retaining wall which should eliminate the issue we are having. Then, very unexpectedly, the sky opened and dropped a torrential rain in a very short period of time, which is why we had the discharge. MI Homes was working to fix the problem at the best possible time, but mother nature was against them. Dean has communicated this to the HOA, and is working to clean up the immediate mess and press on with the retaining wall. Please pass this information along to the City of Coppell and even the TCEQ if necessary. I am meeting with Dean this morning at the site to see if there is anything further that can be done to protect the area during the install of the retaining wall. Thank you. Rusty On Mon, Jul 7, 2014 at 7:39 PM, Jason Longbine <jlongbine@cityoflewisville.com> wrote: 6 Do you know if anyone has been in contact with the HOA? I know you guys are probably moving as fast as you can, but it looks like it happened again today, and from the HOA representative's last email to Coppell, it sounds like they are ready to escalate this. Do you have any updates as to what you plan to do to make sediment control improvements to protect the downstream areas? ---------- Forwarded message ---------- Michael Garza From: <MGarza@coppelltx.gov> Date: Monday, July 7, 2014 Subject: FW: Gehan Homes Development To: "jlongbine@cityoflewisville.com" <jlongbine@cityoflewisville.com> FYI, pics to follow. Sorry to bug you but any help is greatly appreciated. Thanks, Mike Michael Garza, P.E. Assistant Director of Engineering City of Coppell 972-304-7019 Begin forwarded message: From: Phil LaBerge <cavalaire@hotmail.com> Date: July 7, 2014 at 5:52:41 PM CDT To: Michael Garza <mgarza@coppelltx.gov> Subject:RE: Gehan Homes Development Michael, I just wanted to give you a heads up. We just had another major even with torrents of water coming down into our subdivision. I am going to blast out an e-mail with photos, but at this point I am going to turn it over to our lawyers. We are REALLY mad. Phil LaBerge From: MGarza@coppelltx.gov To: cavalaire@hotmail.com; GMarshall@coppelltx.gov 7 CC: board@coppellgreens.com; KGriffin@coppelltx.gov; CPhillips@coppelltx.gov Subject: RE: Gehan Homes Development Date: Tue, 1 Jul 2014 18:41:19 +0000 Mr. LaBerge, I have reached out to the storm water manager for the City of Lewisville. I will coordinate with him to get this resolved. Thanks, Michael Garza, P.E. Assistant Director of Engineering Engineering Department City of Coppell, TX www.coppelltx.gov 972-304-7019 (office) Please take our customer service survey From: Phil LaBerge [mailto:cavalaire@hotmail.com] Sent: Tuesday, July 01, 2014 1:38 PM To: George Marshall Cc: Coppell Greens HOA Board; Kenneth Griffin; Clay Phillips; Michael Garza Subject: RE: Gehan Homes Development Hello Mr. Marshall, Below is an e-mail which I just sent to the Robby Mossier, the VP of M/I Homes who is developing the property to our north (formerly Gehan Homes). 8 After the last storm event, we had water flood off their property and down our spillway into our pond. Back in September of last year when I sent e-mails out to the Mayor and I met with you to discuss the issue, this is exactly what I was trying to avoid, and yet it happened. I will forward you their reply which basically says they are in compliance. When contacted, Lewisville said water flowing onto our property in Coppell from theirs in Lewisville is not their problem. I am sure TCEQ will be contacting them. Is there anything you can do? Phil LaBerge Coppell Greens --------------------------------------- Hello Robby, Back prior to you breaking ground we met with Robert Betancur with Zena Development and the City of Coppell Engineering to discuss the water coming off your property and down our spillway into our pond. We were, and continue to be, very concerned about mud an silt filling up our pond. I had contacted the Mayor, City Council and others and was assured that we would not have a problem. Back in 2010 when we had the pond dredged, it cost us $25k. In the recent storm, rain water from you property gushed over your silt fence, down our spillway and turned our pond brown with all the mud and silt in it. See the attached photos. One of our neighbors saw it, took pictures and reported you to the TCEQ. I was notified by him yesterday evening. This occurred after I had e-mailed Dean back on the 17th (see below) about your silt fence being buried in dirt and my previous e-mails regarding the subject. Please let me know what action you are going to take to correct this and prevent it in the future. 9 Thank you, Philip LaBerge Coppell Greens HOA > From: GMarshall@coppelltx.gov > To: cavalaire@hotmail.com > CC: board@coppellgreens.com; KGriffin@coppelltx.gov; CPhillips@coppelltx.gov; MGarza@coppelltx.gov > Subject: Re: Gehan Homes Development > Date: Fri, 13 Sep 2013 22:44:48 +0000 > > Mr. LaBerge, > > Ken and I can be available Monday at 9:30 or 3:30. Please let us know if that will work for you. > > Thank you, George. > > Sent from my iPhone > George Marshall, PE > 469-964-4731 > > On Sep 13, 2013, at 4:44 PM, "Phil LaBerge" <cavalaire@hotmail.com> wrote: > > > Mr. Marshall, > > > > We would like to meet with you ASAP. Please name the time and place. I am leaving on vacation next Wednesday evening. This is exactly what I had feared. The Lewisville P&Z meeting on the Gehan Homes project was held without even doing us the courtesy of notifying us about it. I had repeatedly requested the grading and drainage plans. After asking Gehan Homes directly instead of the developer we finally got them and was notified they had already been submitted for permit and they would be breaking ground in 2 or 3 weeks. > > > > I see some serious problems here and am asking the City of Coppell to step up and help. This is when I would hope that the Mayor, City Manager, Engineering Director and City Council would get involved to be there to help us. I recognize that the City of Coppell has no jurisdiction over a project in the City of Lewisville, but you certainly have influence over them. > > > > Please let me know when and where we can meet. > > > > Phil LaBerge > > Coppell Greens 10 > > > > > > ________________________________ > > From: GMarshall@coppelltx.gov > > To: cavalaire@hotmail.com > > CC: board@coppellgreens.com; KGriffin@coppelltx.gov > > Subject: RE: Gehan Homes Development > > Date: Fri, 13 Sep 2013 21:09:45 +0000 > > > > > > Mr. LaBerge, > > > > > > > > It sounds like we should have a meeting to discuss your issues and how The City of Coppell can help facilitate. I did take a look at the drainage and it appears that the original plans for Coppell Greens accounted for fully developed flows (as light industrial) from the property to the north. I have no knowledge of what Gehan homes has promised to you or your HOA. Please understand that the City of Coppell Engineering Department has no control of what is built on the property to the north of Coppell Greens as it is in the City of Lewisville. > > > > > > > > Thank You, > > > > > > > > George S. Marshall, P.E. > > > > Civil Engineer > > > > City of Coppell > > > > 265 Parkway Blvd. Note we have moved > > > > P.O. Box 9478 > > > > Coppell, TX 75019 > > > > 972-304-3562 > > > > Customer Service Survey: > > > > http://www.surveymonkey.com/s/RVXVDH6 > > > > > > > > From: Phil LaBerge [mailto:cavalaire@hotmail.com] > > Sent: Friday, September 13, 2013 3:02 PM > > To: George Marshall > > Cc: Coppell Greens HOA Board 11 > > Subject: RE: Gehan Homes Development > > > > > > > > Mr. Marshall, > > > > Thanks for forwarding the grading and drainage drawings for the Gehan Homes development to our north. > > > > > > * Is that all the drawings that you received from Lewisville? > > * It was my understanding when we talked to the developer that the west drainage pond overflow would be piped to the east drainage pond. Now I see that they are just going to have it overflow the orifice outfall onto our property and in a major rain event the water is supposed to flow along the back side of 864 Kilbridge to about 832 Kilbridge to the spillway. THAT IS NOT ACCEPTABLE! In addition to the water that is going to flow into that pond for their lots 11 through 19 and lots 21 through 23, all the water collected from the street storm inlets is going to flow into that pond, too. All the overflow is going either flood our Kilbridge properties or make its way to the v-ditch at the sidewalk and then into two 12" pipes under the sidewalk to the spillway. > > * I am concerned about the continuous fence along their south property line which was promised by the developer but Gehan might renege on. > > * Are you going to review the drawings and verify that their detention ponds are sized correctly? > > * How is the 10' to 12' tall millsap wall along the south property line between lots 38 to 42 going to be constructed if it is on the north fence line of the homes at 850 & 854 Applecross Court? How do they maintain that wall without accessing our property? I was glad to see that they revised the lots to Type-A lots with drainage to the north. > > * I am also concerned about trash which will find its way into their storm drains, to their detention ponds, and then be swept over onto our property in a big rain. > > * Gehan homes said they were going to be breaking ground in about 2 or 3 weeks. Will you be replying to Lewisville? > > > > > > I have also Bc'd Ken Griffin and Clay Phillips on this e-mail to keep them in the loop. > > > > Thanks, > > > > Phil LaBerge > > -- Thanks, Jason Longbine 12 Storm Water Specialist Certified MS4 Specialist Storm Water Division City of Lewisville (972) 219-3507 *This communication, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, you have received this e-mail in error and any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please destroy the original and all copies in any form, notify the sender of your receipt and the destruction by reply e-mail, and provide anyone to whom you have forwarded or otherwise disseminated any contents of this message with a copy of this notice. Thank you for your cooperation. This communication contains the thoughts of the sender and does not represent official policy of the City of Lewisville unless the communication specifically so states. DISCLAIMER: http://www.cityoflewisville.com/index.aspx?page=905 -- Rusty Combs President, LEED AP rcombs@TrinityGRN.com o (214) 446-9500 x9540 f (214) 446-9501 13 1660 S Stemmons Fwy Suite 350 Lewisville, TX 75067 DISCLAIMER: http://www.cityoflewisville.com/index.aspx?page=905 DISCLAIMER: http://www.cityoflewisville.com/index.aspx?page=905 -- Rusty Combs President, LEED AP rcombs@TrinityGRN.com o (214) 446-9500 x9540 f (214) 446-9501 1660 S Stemmons Fwy Suite 350 Lewisville, TX 75067 DISCLAIMER: http://www.cityoflewisville.com/index.aspx?page=905 14