HomeMy WebLinkAboutVAIL VILLAGE FILING 3 BLOCK 3 LOT 4 Drainage complaint0
TOWN OF VAIL)
To: Property File Vail Village Filing 3, Block 3, Lot 4W
From: Environmental Sustainability
Date: 4/07/15
Subject: Drainage and algae complaint
Complaint History
The Town of Vail was contacted by David Riddle, real estate attorney at Stovall
Associates about a possible point source pollution issue at Vail Village Filing 3, Block 3,
Lot 4W (392 Beaver Dam Circle). A large algae cluster starting at the property's
drainage pipe and continuing along a drainage channel until it goes under the road.
The area was visually inspected on 4/6/2014 at 11:45am and algae did not continue into
the drainage pathway the north side of Beaver Dam Circle.
A resident in the neighborhood considered this drainage pipe point source pollution and
contacted their legal representation to explore options. Town of Vail planning, public
works, and building inspection personnel were contacted for input. This pipe is draining
runoff water; there is no information in town code or zoning guiding control of this type
of discharge. In town records it shows that drainage and a sump pump system were
recommended by the site engineer for this property. The discharge pipe is part of a
drainage system and this type of runoff discharge is not regulated by the town. The
neighboring property owner and legal counsel contacting the town felt the discharge and
resulting algae is an issue related to Title 9, Chapter 1 of the Vail Town Code.
The Colorado Department of Public Health and Environment, Water Quality Control
division was contacted. David Kurz (Wastewater Engineer) and Nathan Moore
(Program Coordinator, permits section) concurred that the city has no obligation to
control discharges from the pipe as it is runoff water and not under regulations.
Additionally, Todd Belback, Code Enforcement officer for Eagle County, Colorado
concurred in this assessment.
Decision factors:
• Based on planning information for the property, this is a drainage system for
water runoff. The State of Colorado considers discharges from residential sump
pumps to be runoff water and not ground water.
• Even though the algae originates at this discharge pipe, it would be difficult to
establish the property as the responsible party, as there are properties above this
lot that could be contributing nutrients to runoff water that could potentially cause
the algae
• There are no current state standards for nutrient discharges. Nutrient standards
are currently under development for wastewater treatment facilities but not
residential drainage.
• Drainage pathways are not considered state waterways.
• Traditional state guidance is for sump pump discharges to go into the ground, but
given mountain location and snow melt that may not be practical in the current
situation.
III. Contact History:
Initial Contact:
David Riddle Contacted Leonard Sandoval (Public Works) and followed up through
Kristen Bertuglia(Environmental Sustainability).
Stovall Associates:
David Riddle, Real Estate Attorney
04/07/2015 Phone call 10:40 AM, 1.30PM (970-949-4200)
Colorado State Water Qualitv Control:
David Kurz, Wastewater Engineer
04/07/2015 Phone Call 11.00am. (303-692-3552)
Nathan Moore, Permitting Program Coordinator
04/07/2015 Phone Call 11:15am (303-629-3555)
Eagle County, Colorado:
Todd Belback, Code Enforcement Officer
04/07/2015 Phone Call 11:40am (970-328-8758)
Town of Vail Page 2