Melissa Rooney Writing

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Water Problem solved on historically low-income Canal Street (Durham, NC) - For Now

On Friday, January 12, I received a text message from my next-door neighbor on Canal Street that read:

"... Your property is beside my property the drainage on your property is causing flooding on my property the water is severe now and it’s costing me to have to rent a sump pump to get the water off my property we really needs to talk or I’m going to push other measure probably a law suit the City of Durham advised me this was the only way to resolve this issue Thanks"

Knowing this neighbor could not afford to rent a commercial sump-pump (anything less burned out quickly) and fearing the damage the flooding would cause her home otherwise, I went straight to the Planning Department to identify the location of any drainage pipes on my property that may be clogged. When Planning Department staff could not identify the location of such pipes, I was directed to the Public Works Department, where I met with three staff members and was ultimately referred to the city's Senior Engineer, who is most familiar with the drainage issues in the area.

I was unable to reach anyone via Durham-One-Call and Monday was Martin Luther King day, so I had to wait until Tuesday (4 more days of flooding) to bother the city again. Still unable to reach a live person via Durham-One-Call, I called the Deputy Director of Water Management and was thrilled when she actually answered the phone. I told her about the flooding, insisted it had to be from an upstream point source like a broken pipe, and asked that she ensure the city figures out how to stop it as soon as possible. She told me they were aware of the situation and also referred me to the city's Senior Engineer.

Snow shut everything down for the rest of the week. Still, I was hopeful that the problem would be solved promptly now that senior staff in both the Public Works and Water Management Departments were involved.

When I went back out to the property on January 22, the sump-pump was still running. I made an online service request with Durham-One-Call, but I wasn't optimistic, given my past experience with this approach. I then called the Department of Water Management, where the front desk connected me to Durham One-Call. I hung up, called Water Management back, and insisted that they connect me with an actual person. As a result, I spoke with someone who was completely new to the issue, and within 48 hours a sizable leak was located on a vacant upstream property several houses away; the city's connection was shut off, and, in a matter of minutes, the flooding at 611 Canal Street stopped. I have written this summary and included my email correspondence with Durham's Senior Engineer below (public record, note dates) to provide closure for my neighbor, myself, and those who have helped resolve this latest issue.

People have asked me why I am making a big deal out of this; the leak is stopped, after all. I wasn't sure, myself, until I read this poster on a wall in E.K. Powe Elementary School:

I love Durham, which is why I am spending my time today writing this post. I oppose the current management style that facilitates animosity between neighbors and between private property owners and city departments in order to avoid addressing the serious water management issues clearly facing the city of Durham. Its complaint-driven approach, which lays the largest (though still inadequate) pieces of the communal puzzle on the individual property owners most adversely affected, is unfair, short-sighted, and just plain irrational. I know that Durham can manage its water in a more customer-friendly, collaborative, solution-oriented, and cost-effective manner that is good for everyone, regardless of their income and regardless of whether their house is at the top or bottom of the hill (keeping in mind that low-income earners tend to fall in the latter).

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My Conclusion: Below is a link to the image shown by Google Maps for 611 Canal Street (where the flooding happened). The date displayed is 2014, which is around the time we purchased the empty lot next door. You can clearly see a stormwater ditch between the houses at 611 (pink) and 609 (White) Canal Street (the fence goes right down the middle of it). This ditch must have originally followed its straight path directly to the canal that is now Canal Street. This configuration was clearly disrupted when the canal was piped and the street put in. The most rational and effective solution is to return this waterway to its original straight line, connecting it directly to the stormwater pipe that replaced the canal.  It is clear to me that this re-connection should be the responsibility of the city, not the low-income private property owner most adversely affected.

Click Image above for higher resolution, or just search 611 Canal Street on Google Maps, yourself.

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Written correspondence pertaining to this issue (in reverse chronological order):

_____________

Begin forwarded message:

From: Melissa Rooney Writing

Subject: Re: Additional request re: water problems at 611 Canal

Date: January 24, 2018 at 6:17:24 PM EST

To: "Tuttle, Sean"

Hello Mr. Tuttle. I met with Water and Sewer staff Eric Etheredge and his colleague Clarence at 611 Canal Street this morning, and Mr. Etheredge quickly determined that there was a sizable leak at 605 Canal Street. He turned off the city’s water supply to this property and the flooding at 611 Canal immediately stopped (see videos at the links below).

Before City turned Water off at 605 Canal:

https://youtu.be/wQyJL54KWt4

After City turned Water off at 605 Canal:

https://youtu.be/XIBwnH1ooHU

I find it incomprehensible that it took the city 3 weeks to determine that the water flooding 611 Canal Street during this time was from a city source.

I think that the city is biased by preconceived notions of this low-income area and its history of inadequate drainage, which I presume dates back to when the canal that once ran here was replaced by what is now Canal Street. I feel that this bias has prevented the city's thorough investigation and action in the present situation at 611 Canal Street. In addition, I find it very disturbing that the city’s complaint records for this area only date back to 2010.

I request that the 1) that the city investigate the adequacy of the drainage system that replaced the aforementioned canal and its tributaries, and 2) that the city determine the most holistic and sustainable means of remedying the long-time drainage situation in this corner of Durham -that is, the property within and along Elizabeth, Canal, Hazel, and Dowd streets and the surrounding area of redevelopment that increasingly drains into it.

I greatly appreciate your continued and sincere concern and assistance in reaching the best possible outcomes for everyone involved, not the least of which is the long-term health of Durham's communal soil and water resources.

Sincerely,

Melissa (Rooney)

Owner of 613 Canal Street

___________

On Jan 24, 2018, at 2:34 PM, Tuttle, Sean  wrote:

Dr. Rooney

Please accept this email as Public Work’s - Stormwater Services’ conclusion into the flooding investigation at 611 Canal Street.  I’ve attached my previous two emails, with their attachments, for the benefit of the newly copied addressees.

Public Work’s primary mission is to ensure that existing infrastructure within City-accepted Public Rights-of-Way are maintained.  Our investigation (video inspection) of the stormwater structures in and around the 611 Canal Street property revealed two things:  1) The stormwater structures within City-accepted Public Rights-of-Way are in good structural condition and are open and flowing.  2) The privately owned stormwater system at 611 Canal Street does not connect to drainage features in the City-accepted Public Rights-of-Way.

According to Service Request records and conversations with the 611 Canal Street property owner, the 611 Canal Street property experienced its first flooding event around May 2017.     As previously discussed, the 611 Canal Street property exists in a bowl shaped low spot and is dependent upon a subsurface drainage system to facilitate lot-to-lot drainage and prevent ponding water.   In addition to the potential 1.5 acres of runoff this property receives, I would not be surprised if this lot intermittently experienced groundwater seepage, especially during cool, wet, winter months.  The lot does not appear to receive stormwater runoff from a public source.

Regardless of any potential unknown water sources, I am confident that the flooding at 611 Canal Street is solely due to a damaged or blocked privately owned stormwater system.   At this time, the 611 Canal Street property owner’s primary concern is to restore positive drainage to this system and prevent property damage.  Identifying all the potential water sources at 611 Canal Street seems to be a secondary concern and would potentially require a lengthy and expensive, privately funded investigation.  Again, if the private drainage system were functioning, there would be no ponding of water.

I encourage the private property owners to work together to pursue a mutually agreeable solution to the drainage problem.   Please feel free to contact me if there are any new drainage concerns related to these properties.

Regards,

Sean Tuttle, CFM

Senior Engineering Technician

Public Works Stormwater & GIS Services Division

101 City Hall Plaza

Durham, NC  27701

Office: 919.560.4326  ext. 30234

From: Melissa Rooney Writing [mailto:melissarooneywriting@gmail.com]

Sent: Tuesday, January 23, 2018 3:20 PM

To: Tuttle, Sean

Cc: Summerson, Graham

Subject: Re: Additional request re: water problems at 611 Canal

Thanks again, Mr. Tuttle, for your responsiveness. Please note that I have cc’d the mayor to keep him abreast of the situation - more brain power = more likely solution.

I understand your concerns about the drainage in this area and private property owners’ responsibilities in this regard. However, drainage is not currently a problem at 611 Canal Street, because the owners have been sump-pumping water out of the grated area in their yard for nearly 2 weeks straight (see videos below). It is noteworthy that, when the most recent flooding at 611 Canal Street was first reported (on January 11 and January 12), *all* surrounding streets and stormwater drains were completely dry (see video #1 below); this was also the case 48 hours later (during which the water was continually sump-pumped), when video #2 was taken (below)).

I ask again, what is the *source* of this water?

Despite the drainage-related complaints dating back to 2010, this property has certainly not experienced such constant water flow (going on week 3) since we bought the property next door (2014).

I talked with Vicky Westbook on Jan 14 and today met on site with a man named Franklyn from the Department of Water Management. Franklyn appeared to find no problems with the fresh water pipes in the area. He agreed that, regardless of any drainage issues, we need to figure out where this water keeps coming from. He commented on the clarity of the water and asked if it had been tested for chlorine; when I said no, he said that we should ask that the city do this to determine if it is city water. I have called Durham One Call as well as submitted a service request online in this regard.

I greatly appreciate any advice and assistance you can provide Mary/Anthony and myself, regarding how to determine the point source of this water. It would seem that, if the city determines the water is not chlorinated and, therefore, is not from a city source, it must be coming from a natural spring or other natural water source that has somehow been tapped by upstream projects. If the latter is the case, I am hopeful that the city can help us determine who is responsible, as we are far from experts in this field.

Again, I appreciate your prompt and open communication regarding this issue . Results from the water tests available at Home Depot will take at least 1 week to come back. I am hopeful that the city can provide this testing sooner, so that we can get to the bottom of this and my neighbor can stop sump-pumping water out of her yard.

Sincerely,

Melissa (Rooney)

Video #1:

https://www.youtube.com/watch?v=Vh9BKF_Sw9g&t=14s

Video #2:

https://www.youtube.com/watch?v=CrYjyEF0kcc

_____________

On Jan 23, 2018, at 1:14 PM, Tuttle, Sean wrote:

Dr. Rooney,

I’m not aware of any city-performed chlorine tests at 611 Canal Street.  I’m not sure if chlorine testing on private property is a service the City performs.  I recommend contacting Water Management (919.560.4366).

611 Canal Street property primarily receives stormwater via sheet flow from adjacent and uphill properties within the area west of the 613 Canal Street property, south of Gray Ave, east of N. Elizabeth St, and north of Canal Street. The attached maps illustrate the potential drainage area and reveal that as much as 1.5 acres of runoff may drain to and through the storm system at 611 Canal Street.   It’s also possible the 611 Canal Street property receives some groundwater seepage since it exists in a low spot.  Canal Street flooding records only  go back to 2010.  I’ve attached a pdf file of these records.

Last year’s Dowd Street stormwater improvements were completed to protect the rights-of-way from flooding by returning the stormwater system back to its original intended utility.  Improvements included blockage removal (trash/debris/sediment) and the replacement of damaged pipe.  Service Request records associated with this work are attached.

Regards,

Sean Tuttle, CFM

Senior Engineering Technician

Public Works Stormwater & GIS Services Division

101 City Hall Plaza

Durham, NC  27701

Office: 919.560.4326  ext. 30234

___________

From: Melissa Rooney Writing [mailto:melissarooneywriting@gmail.com]

Sent: Monday, January 22, 2018 6:16 PM

To: Tuttle, Sean

Cc: Summerson, Graham

Subject: Re: Additional request re: water problems at 611 Canal

Thanks for this reply, Mr. Tuttle. I have arranged for a plumber to locate the presence of such a pipe on our property (at 613 Canal Street), as it is not shown on any of the available maps and it was not observed by our contractor when preparing the site for construction.

In the meantime, I just want to figure out where the water keeps coming from, particularly given that the surrounding drainage pipes (including our neighboring pipe at 613 Canal Street) are completely dry. I am hopeful that information related to the history of flooding in this area as well as the city’s recent work on the pipes under Dowd Street (between Elizabeth and Hazel) will be helpful in this regard.

One quick question for you:

Has the city tested the water collecting at 611 Canal for chlorine? This question keeps coming up when I talk to neighbors/contractors/plumbers about the situation. If you do have such test results, can you please provide these to me as well?

Thank you again for your sincere help clarifying the causes of the constant flooding at 611 Canal over the last 3 weeks, so that we can devise the most sustainable long-term solution.

Sincerely,

Melissa (Rooney)

P.S. I have cc’d a few contacts I made via the Cleveland-Holloway Neighborhood Group, to keep them in the loop.

____________

On Jan 22, 2018, at 4:48 PM, Tuttle, Sean wrote:

Dr. Rooney,

Providing private property owners sump pumps for private use is not a service the Public Works Department provides.  Private property owners are responsible for any complications associated with a privately owned water line or drainage system.

Like your 613 Canal Street property, the 611 Canal Street property receives stormwater runoff from adjacent uphill properties.  There are two unmapped privately owned drop inlet structures near the 609 and 611 property lines (close to sidewalk) that capture this stormwater.  I believe the flooding at 611 Canal Street is due to a blocked stormwater pipe that is meant to drain the inlet structures and exists on the 611 and 613 Canal Street properties.

Stormwater Maintenance crews attempted to flush and video this stormwater system but discovered that the pipe was too clogged to do either.  Crews advised that they believe the pipe is a 10-inch or smaller corrugated metal pipe and that it flows to the general direction of the 613 Canal property.

We have video that shows a small obstructed metal pipe that breaks in to the 30-inch concrete pipe on your property.  We believe it’s this obstructed/failed pipe that is preventing water to drain from the adjacent properties.  I’ve attached a map, video screenshots, and photos reflecting this information.  Please let me know if you would like a copy of the video and I’ll try to accommodate.

I have also attached pdf copies of the historical topographs and maps George Locke provided you a couple of weeks ago.  The City doesn’t have any additional documents concerning the development of Canal Street since the canal existed.

I am currently working on your request for the history of maintenance/repair work and flooding in this area of Canal and Hazel Streets.  It will take a day or so to gather and assemble these records into a deliverable format.  I appreciate your patience.

It is not City of Durham practice to interfere in private property drainage disputes.  I encourage you to coordinate efforts with your neighbor and pursue mutually agreeable solutions to restore the free flow of water in these privately owned stormwater structures.

Regards,

Sean Tuttle, CFM

Senior Engineering Technician

Public Works Stormwater & GIS Services Division

101 City Hall Plaza

Durham, NC  27701

Office: 919.560.4326  ext. 30234

_______________

From: Melissa Rooney [mailto:melissarooneywriting@gmail.com]

Sent: Monday, January 22, 2018 12:09 PM

To: Tuttle, Sean

Cc: Buzun, Jennifer

Subject: Re: Additional request re: water problems at 611 Canal

Thanks for your help and your referral, Jennifer.

Mr. Tuttle, with the summary of your investigation and conclusions regarding the flooding issues at 611 Canal Street, can you please include the following: 1) a 20-year history of water/flooding complaints concerning the properties (including 611 Canal Street) at the corner of Canal and Hazel Streets; 2) a map from 1967 or before showing the canal that flowed down Canal Street at this time; and 3) map(s) and plans detailing how that canal was dealt with when the street was laid.

I really appreciate your help getting to the bottom of this flooding problem and eliminating it sustainably in the long run.

Sincerely,

Melissa (Rooney)

Owner 613 Canal Street

_____________

On Mon, Jan 22, 2018 at 8:50 AM, Buzun, Jennifer wrote:

Melissa,

For Stormwater Services/Public Works, Sean Tuttle is the best person to pursue those complaints (I have copied him here).

For Water Management, I really have no idea who to contact.  I would suggest going to the web page http://durhamnc.gov/3172/Customer-Service-Request and filing a Customer Service Request.  Your request won’t be one of the standard categories listed, but I’d select something and then provide as much detail as you can about the info you are requesting.

Jennifer Buzun, P.E.

Assistant Stormwater Development Review Supervisor

City of Durham Public Works Department

Stormwater Services

101 City Hall Plaza, 3rd Floor City Hall

Durham, NC 27701

Ph:  (919) 560-4326, ext *30292

Fx:  (919) 560-4316

jennifer.buzun@durhamnc.gov

http://durhamnc.gov/895/Stormwater-Development-Review

From: Melissa Rooney Writing [mailto:melissarooneywriting@gmail.com]

Sent: Wednesday, January 17, 2018 1:02 PM

To: Buzun, Jennifer

Subject: Additional request re: water problems at 611 Canal

Hello again, Jennifer. I received the response below from Mr. Tuttle. I hope the owners of 611 Canal can hold off the water in the meantime.

Because you have been the most responsive person I have communicated with about this, I am writing to request a list/copy of complaints filed with the Water Management, Stormwater Services, and Public Works Departments for 609, 611, 613, 615, 617, and 618 Canal Street over the last 10 years.

If you cannot provide me with this information, please provide the contact information of the appropriate person to query in this regard.

Thank you, again, for your responsiveness and your sincerity in enabling efforts to determine the source of the water on this site and the appropriate long-term solution.

Sincerely,

Melissa (Rooney)

____________

On Jan 16, 2018, at 5:07 PM, Tuttle, Sean <Sean.Tuttle@durhamnc.gov> wrote:

Dr. Rooney,

Water Management recently investigated a water line leak at 611 Canal Street and concluded that the leak was the responsibility of the property owner.

The flooding at 611 Canal Street may also be the result of a failed privately owned drainage system.  The 611 Canal Street property owner has been advised of private property stormwater responsibilities.

I am going to continue my investigation and hope to email you a more detailed report by the end of this week.  Thanks for your patience.

____________

From: Melissa Rooney

Date: January 16, 2018 at 10:29:53 AM EST

To:Sean.Tuttle@durhamnc.govjennifer.buzun@durhamnc.gov

Subject:Video Re: Water collecting at 611 Canal since last week

Hello Sean and Jennifer. Please see the video at the link below (taken at 611 Canal Street on Sunday).

This morning, one of the residents told me that the owner has been sump-pumping the water 3-4 hours every day since early last week and will have to do it again when she gets home from work tonight.

So I am writing to request that the city send someone out to 611 Canal as soon as possible to figure out where all this water is coming from. I also request that the city pump the water off of this property until the source can be found and cut off.

The poor owner is already out $300 or more for commercial sump-pump rental, and it appears this morning that the water may have killed her heating unit.

At least 3 adults and a pre-school child live in the house.

https://youtu.be/Vh9BKF_Sw9g

Thank you for your prompt attention and concern. Please let me know how this problem is addressed and resolved.

Sincerely,

Melissa (Rooney)

Neighbor at 613 Canal Street

www.melissarooneywriting.com