Two Months After The Flood: The Devastation Behind Acorn Court Remains
Massive piles of household debris and trees were pulled from the creek bed and left on private property. The contractor was hired by the city of Kingston Springs, but homeowners are now being informed by the city that the removal of the debris is their responsibility since it is on private property.
Tuesday, June 29, 2010 noon update:
From Kingston Springs, Tennessee Facebook page:
This whole Acorn Ct. problem was solved this afternoon. After determining that the property in question did not belong to Mr. Hall, Karl Francis, the actual property owner, and Vice-Mayor Campbell went on site this afternoon. Mr. Francis was not aware of this situation and graciously agreed to clean up the debris on his property once the weather cooled down in September. Mr. Hall was present and is amenable to that. 15 hours ago
Email Response from Acorn Court resident and property owner Robert Hall:
This is what actually happened on Monday June 28, 2010. At around 4:00 p.m. I received a call at home from John McLeroy. He was pulling into the site, and I went down meet him. When I got down there he was talking to some people in a second vehicle. They never got out of the car and left as it was beginning to rain. Basically what John conveyed to me was that he contacted the county mayor, Bill Orange, and requested assistance from him. John told Mr. Orange that he had a flood damage issue on some private property that had “fallen through a crack” with regards to local city and FEMA assistance. John said that the people in the other car who had just left were from FEMA and that they were almost ready to leave the area. He said that they may be able to remove the trash debris, but FEMA does not remove trees. He noticed that the main pile of trash had gotten smaller, and I told him that James Stevens (South Side Disposal) and I had worked all day Saturday and Sunday removing the metal items to be recycled. James did an excellant job and is an honest, hard working man. We highly recommend him. John and I talked for a few more minutes and then he left.
At around 5:30 p.m. we saw Karl Francis and Tony Campbell walking through our yard towards the creek. I went down to meet them, and Karl was amazed at the extent of the damage and said that he didn’t realize that all of this had happened on some of his property. Tony presented an updated arial photo of the area showing Karl’s property boundaries. Tony asked me what we wanted to have done and reiterated that the city’s attorney had told them that they could not work on private property. I told him that we wanted the piles of house debris removed, the trees pushed back off our property that were moved by the city contractor and the gravel piles that were pushed up graded to be more level. Karl also agreed that the trash should be removed, and he offered to come back sometime in September and pull the trees back off our property so they could be burned. No one knew for sure where the property line is located especially since the creek had shifted some. I also told them that John McLeroy had just been down with some people from FEMA. Tony stated to me that this situation was very low priority with the city. I also brought up the issue concerning where the Harpeth River overflowed forming the new flood channel. Tony said that this was nothing new that it had happened before. I asked him if they were going to repair and/or fortify the river bank and he said no, because it could cause flooding of the Meadows of the Harpeth S/D and Pegram. Both Tony and Karl were cooperative, however, nothing was promised other than Karl offered to come back in the Fall to help remove some of the trees.
June 29, 2010 update: from fema.gov:
Approval for FEMA Assistance
FEMA will work with States affected by large-scale disasters to designate those areas where the debris is so widespread that removal of debris from private property is in the public interest on a case-by-case basis. Any applicant that intends to seek reimbursement to remove debris from private property within those designated areas will, prior to commencement of work, submit a written request to the FCO seeking approval for reimbursement. The applicant must provide documentation confirming that an immediate threat to the public exists as well as evidence of its legal responsibility to enter private property to eliminate the threat posed by the debris. Specifically, this includes:
Immediate Threat Determination
The applicant must provide documentation from the applicant’s public health authority or other public entity with legal authority stating that disaster-generated debris on private property in the designated area constitutes an immediate threat to life, public health, and safety.
The applicant may also provide documentation stating that the debris poses an immediate threat to improved property and that its removal is cost effective. The cost to remove the debris should be less than the cost of the potential damage to the improved property in order for the debris removal to be eligible.
WKRN Video 6/28/2010 Kingston Springs Property Piled with Debris
“City officials did not want to go on camera, but tell News 2 they didn’t add any debris to the Hall’s property – only shifted what was there. They say state law prohibits cities from working on any private property.”
From Facebook Sunday, June 27, 2010: Kingston Springs, Tennessee
By law, state law, the Town can not do work on private property. It is not that the Town does not want to help……….and we ARE trying to help find him some assistance for his property…………..but other public agencies are limited by this same law. This is where the volunteers have stepped up and helped other folks. I imagine they could get some help too from volunteer groups if they would just seek it.
Sunday, June 27, 2010 UPDATE: James Stevens, who was referred to the Halls by Red Tree Coffee, is working on site behind Acorn Court removing metal debris. According to Terry Hall he removed “a big trailer load” yesterday 6/26/10. Terry said he is down there again today and is “doing great.” James is currently running an ad in the South Cheatham Advocate which reads
“FREE PICKUP of scrap metal and appliances. Call James Stevens 615-881-5273.”
Related southcheatham.com coverage:
Car Pulled From Massive Debris Dam Behind Acorn Court in Kingston Springs 6/4/2010
A River Ran Through It: The Aftermath Behind Acorn Court in Kingston Springs 5/20/2010
It is nearly two months since the May 2010 flood wrought havoc on South Cheatham County. Thanks in large part to an unprecedented volunteer effort and a mobilized citizenry, much has been accomplished in Kingston Springs since the water receded. But the devastation behind Acorn Court in the Woodlands of the Harpeth Subdivision remains.
A cub cadet destroyed by the flood and pulled from the creek bed by a private contractor hired by the city now sits overturned and abandoned on private property.
Acorn Court resident Robert Hall says “I have been working myself literally sick trying to clean up the aftermath and retrieving lost valuables for homeowners who lost everything.” But after weeks of toiling in the hazardous conditions resulting in two trips to the emergency room, Hall now fears the worst.
A private contractor hired by the city of Kingston Springs removed debris from the creek bed and pushed it on to private property. Debris piles were also pushed from private property belonging to one owner, onto property belonging to other owners.
According to Hall a private contractor hired by the city of Kingston Springs to clear debris from the creek bed behind Acorn Court did not actually remove the debris. Rather the massive debris dams were pulled from the creek bed and deposited onto private property. “They didn’t haul any gravel, any trash, or any trees off,” said Hall. “It was all just pushed up on our property to get it further out of the way for their clean-up crew.” In some instances debris which had accumulated on private property believed to be owned by Karl Francis was actually pushed by bulldozer onto the Hall’s property. At the time of this writing Hall had contacted Karl Francis and left a voicemail for him regarding the situation but had not heard back from him.
Robert Hall sits by a pile of trees 15 feet high which is now on his property. A private contractor hired by the city of Kingston Springs cleared the creek bed but deposited the debris on private property. The Halls are now being told they are responsible for the debris removal because it is on their property.
After nearly two months and no word from the city of Kingston Springs, Robert Hall sent an email to City Manager Laurie Cooper. After reading her response he said, “I got a sick feeling.” According to Hall, Cooper informed him that state law does not permit the city to work on private property. Cooper went on to say “Unfortunately, the property owners are stuck with the cleanup.”
“Just as I suspected,” said Hall. “We’re on our own.”
Robert Hall stands by one of the massive debris piles pushed on to private property when the creek bed was cleared. Neither Hall nor any area resident he knows has the heavy equipment or resources to clear debris of this size.
Hall said Cooper also mentioned that other property owners in the area were taking care of their own debris, and said he was the only one who had asked about this. According to Hall she also suggested this might be a project for Red Tree Coffee; referencing the ongoing grassroots volunteer effort co-ordinated by Red Tree Coffee owners Katie Conley and Amy Bruce.
"I've done everything I could do to get everything into piles. I thought I was making it easier for the city to help." -Robert Hall
“I don’t think she’s been down here,” stated Hall. “This job requires heavy machinery. It’s not something any of us can do on our own. We need help.” Robert points out that although he has been working alone for the past three weeks, volunteers from Red Tree Coffee did show up in the weeks following the flood. “The volunteers have been amazing,” said Hall. But neither Hall nor the volunteers have access to the equipment or resources necessary to pull off such a massive clean-up.
It is important to point out that the household debris does not actually belong to Hall or any of the residents on whose property it was deposited after the flood. “This is all from the three households that washed away,” said Hall. “I don’t think those homeowners should be responsible,” said Hall. “They’ve been through enough. They lost everything. That’s why I’ve been working down here for the past two months. And there’s lots more here. This is just the stuff that was mostly sitting out in the open and was within reach inside these downed trees that I could get out and make it convenient and easy to get to to have it hauled off.”
Hall has discovered more than one destroyed piano in the debris behind his property.
A public notice for Kingston Springs has been issued stating, “All debris must be placed on the road right-of-way before June 28th, 2010. This will be the final debris pick-up.”
Hall stated, “Even if we had the equipment to move these massive piles, they wouldn’t fit curbside. One pile alone would fill up the entire cul-de-sac of Acorn Court.”
Household debris is twisted in a massive pile of trees. "We need help." -Robert Hall
No curbs can even be seen when standing at the many debris piles in this area. “They’re not anywhere near a road right-of-way,” said Hall.
Kingston Springs Mayor John McLeroy called Robert Hall on Friday, June 25th to express his concern and offer his support.
Hall said, “I told him we’re not angry. We don’t blame anyone. We just need help. We pay our taxes. We love our town. I’ve done everything I could to get things into piles to make it easier on the city to clean up. We can’t do it on our own. It’s too big for us. We don’t have the resources. I just think there are times when the individual citizen should be helped out by government, and this is one of those times.”
"I've done everything I could to get this into piles to make it easier for the city to clean up." -Robert Hall
Hall said that Cooper mentioned the city of Kingston Springs hired a private contractor to clean up the sewer debris and to re-establish drainage in the area to prevent future flooding. Photos taken on Friday, June 25 reveal the temporary pumping station appears to be working properly and the creek is flowing in some areas, but stagnant water and sewer debris remain.
Household debris litters the damaged sewer station behind Acorn Court.
Stagnant water near the temporary pumping station behind Acorn Court.
Hall’s greatest concern about the drainage is that the private contractor hired by the city stopped about 20 yards short of clearing all of the debris to the river. “Right before the water from this tributary empties into the Harpeth River it’s still blocked up,” Hall said pointing to trees and debris blocking the flow of water in this area.
A debris dam still exists about 20 yards from where this tributary drains into the Harpeth River. "I don't understand it," said Hall.
Pools of contaminated water teeming with tadpoles remain trapped along the creek bed behind Acorn Court.
According to Hall, Laurie Cooper mentioned speaking to an air pollution control representative from the Tennessee Department of Environment and Conservation about burning options. Hall said Cooper mentioned that household debris must be separated from trees before burning. But Hall pointed out the city burned debris in the process of clearing the creek bed behind his home, and did not sort the piles before burning.
The evidence is still smoldering behind his property.
Household debris twisted in a smoldering pile of trees burned by the city when they cleared debris from the creek bed. According to city manager Laurie Cooper trees must be sorted from household debris before burning.
“This pile will still catch fire if the wind is blowing,” said Hall. “I’ve had terrible throat problems since the flood. I’m sure working down here with first the sewage and then the smoke from these burn piles hasn’t helped,” he continued.
The remains of household items the city burned behind Acorn Court along with trees still smolder.
According to Hall, Cooper was going to be looking into more options for the area. In particular, she mentioned seeking further guidance from FEMA.
“I don’t want to get nasty, and I haven’t been nasty,” said Hall. “I’ve been working as hard as I can work to help solve this problem as a private citizen. But this is a hazardous situation and I don’t have the resources to solve it on my own. Kids are coming down here. People are riding ATVs in the area. I don’t know if they have any idea of the dangers. Between the household debris and the contaminated water, it’s not safe down here.”
An area resident rides his ATV past a smoldering and unsorted burn pile behind Acorn Court.
Hall contacted South Side Disposal to see if a private clean-up was even possible. “The owner Gary Petty, a real nice gentleman, came out here and looked at one of three piles that we made. He basically told me this is way more than he can handle,” said Hall. “He wouldn’t even tell me a figure. He said it’s just going to be too expensive for him to get the equipment and the manpower for us to pay to have this stuff hauled off,” Hall continued.
“I just don’t know where it’s going to end,” said Hall. “There’s just so much stuff left in these trees and up on the hillside. It’s just more than we can handle. If we can’t get some help, it’s probably just going to stay there.”
"I just don't know where it's going to end," said Hall. "If we don't get some help, it's probably just going to stay there."
Hall has worked for months to salvage his neighbors' personal belongings from the massive debris piles behind his home.
