A cease-and-desist order looms over the initial two filings in the Davis Ranch development east of Highway 24 at Curtis and Davis roads. The state has cited O’Neil Development, owner of Filings 1 and 2, for an inadequate storm water drainage system and an insufficient stormwater management plan.In a letter, dated Sept. 8, to Michael O’Neill, Matt Czahor, environmental protection specialist with the Water Quality Control Division of the Colorado Department of Health and Environment, issued a “compliance advisory” and requested that all violations be corrected and outlined in a report to the state by Sept. 28. Copies also were sent to Cromwell Excavation, Kiowa Engineering and Barbara Dallemand, El Paso County Stormwater coordinator.In a Nov. 15 phone interview, Czahor said O’Neil Development acknowledged the advisory but did not submit proof they had corrected the problem by the required date. Thus, in mid-October, Czahor said he filed a written report to the state recommending a cease-and-desist (stop work) order.Czahor referred to numerous problems with the stormwater management plan, including an outdated site map that didn’t show locations of all major erosion control facilities, areas of soil disturbance or areas used for building materials, soils or waste. Czahor said the plan also excluded the following: “specifications and design criteria for the two stormwater detention basins utilized on site,” a “final stabilization and long-term stormwater management measures” and a section on “other controls” – all required for storm water permits.”I have serious concerns about how they are managing erosion,” he said.Czahor said two neighboring properties were impacted by sediment discharge and flow problems. In the Sept. 8 letter, Czahor wrote,”Pictures document that large quantities of sediment were discharged during storm events from the Davis Ranch Filings 1 and 2 construction project onto Al Dowdy’s property. BMPs (best management practices) must be implemented to ensure that future stormwater discharges from the site do not result in the discharge of sediment and/or pollution beyond the point of operational control.”Dowdy is not the only neighbor affected by runoff problems.James Shafer, who owns a home near the Davis Ranch development, is awaiting answers from the county. He and his wife recently built a house on the 40-acre property he purchased 10 years ago. They would like to move to the property on Laughlin Road, but not before the issues are resolved. Shafer said drainage water is flowing the wrong way and drainage ditches are aimed at his property.They are “very, very concerned about the poor drainage design washing rawsewage” across their property, he said. Shafer has enlisted the help of newly elected representative Marsha Looper and has addressed the issues with the county as well.County officials say they’re doing everything in their power to mitigate the problems. But in the end, they say, it’s the developer’s responsibility.Paul Danley, engineering division manager for El Paso County Development Services, said the owner of the development is responsible for assigning a stormwater manager once the permit has been secured. The culpability is with the developer.”The primary responsibility for inspection rests with the owner,” said Dick Anderwald, director of Development Services. He said his department received a “courtesy only” copy of the letter.The process is a “bit of a learning curve,” Anderwald said. “This is the first inspection undertaken by the state in recent years. We will touch base with Matt to make sure we’re not negligent in our response.”Larry Syslo, inspection supervisor for Development Services, said Kiowa Engineering has hired a third-party professional to respond to the state.While the developer battles the state’s contentions, the county is trying to address Dowdy and Shafer’s concerns. Syslo said they have a verbal agreement with Dowdy to “see what spring brings” after the final grading and seeding and erosion control blanket has been placed along the eastern slope of Kennedy Road, which is adjacent to Dowdy’s property.Besides drainage, Shafer is concerned about access to his house. His only access now is Laughlin Drive, which is a “substandard road that floods four or five times a year,” Danley said, adding that the county is asking the developer to provide an “all-weather emergency access drive from the north” that will provide access for Shafer.Danley also said he’s been working to make sure that discharges are “channeled” away from Shafer’s property. “I believe we will solve that issue.”Not soon enough for Shafer or Looper.Looper asked the state to place the cease-and-desist order for Davis Ranch at the top of its list. She said she successfully “fast tracked” the order. Once the order has been served, the developer has 30 days to comply with the state’s demands, Czahor said.Meanwhile, at their November board meeting county commissioners postponed David Ranch hearings for Filings 3, 4 and 5 until Dec. 14. The latter filings are owned by Case Holdings, and they were not included in the state’s compliance advisory.Time constraints because of a lengthy discussion between the board and Development Services on Falcon Heights Filing No. 5, which sits on Mallard Drive between Highway 24 and Curtis Road, initially prompted the Davis Ranch hearing postponement.Development Services recommended a no vote on Falcon Heights based on drainage issues and road safety concerns, and the commissioners agreed, noting the same issues could affect the Davis Ranch hearings, despite the different ownership on Filings 1 and 2.However, Anderwald said the circumstances are different. Davis Ranch development is in full swing. Nothing had been completed on Falcon Heights in seven years, he said. “They ran out of money,” Anderwald said.But Michael O’Neil is running out of time. Davis Ranch Filings 1 and 2 owner O’Neil said he reviewed the state report and had contact with Czahor in September. He said he was not aware of the timeline or any additional conversations with Czahor. “I have people in place to handle that,” he said.O’Neil said he is “doing everything” he can to correct the violations. “I am going above and beyond, trying to make it right.”
