Director Judy Thomann
Indiana Department of Environmental Management
Southwest Regional Office
208 N.W. Fourth St, Ste 201
Evansville, IN 47708-1353

Dear Director Thomann:

We are writing you in the hopes of an immediate action and response in regards to some serious issues we have recently been informed of on Evansville's west side. After careful consideration and viewing of the site, we feel that without immediate intervention there may be a significant impact of the watershed and streams in the area. We are hoping that a careful review of the evidence you will consider an emergency order to cease activities at this site, as we feel there are clear threats to human and/or environmental health.

We have 14 pictures available from the area currently known as 111 North Red Bank. It is directly to the north of the former Kuesters Hardware in the University Shopping Center complex. The lake is approximately four acres, and is located on the 111 North Red Bank property. The stream is to the north (behind) the Westside Wal-Mart, and I believe is also known as an "unnamed tributary" that feeds directly into Carpentier Creek. It feeds into Carpentier Creek no more than approximately 1000 feet downstream from the watershed/lake and stream that we are concerned about.

Eight pictures show where there has been massive deforestation and clearing of the area surrounding the lake, which will allow for massive erosion and runoff into the lake, causing a tremendous amount of sedimentation into the watershed and stream. We have been told that they will begin draining the lake within the next 24-48 hours, and the grading and deforestation that is impacting the local streams and watershed are on going. Three pictures shows how downstream from the four acre lake there has been what appears to be a totally new retention basin constructed that is contiguous to the unnamed Carpentier Creek tributary. These pictures show how the dirt has been pushed up the very bank of the stream, and with the first good rain this loose soil will flood the stream with silt and dirt, causing a massive back up onto surrounding low lying properties. The last three pictures show a larger view of the newly formed pit that appears to be designed to be some sort of retention basin.

Continued degradation of this local watershed (Carpentier Creek) constitutes a significant loss in community livability. Without intervention, this watershed will continue to deteriorate, will be perceived as a community liability, and will be unable to support basic ecological and societal functions.

Changes in land use in this area over the last 20 years have had a continuing adverse affect to the health of the Carpentier Creek watershed. Large areas have been converted from forestland to areas paved for commercial and residential uses. This conversion has increased surface runoff, diminished water quality in receiving waters, and, in some areas, turned waterways into polluted drainage ditches with limited natural resource values. At times, the local development has so extensively altered the watershed hydrology that frequent flooding plagues neighborhoods and businesses, causing repeat property damage and posing threats to health, safety, and economic stability. Many contaminants enter waterways attached to sediment, and the sedimentation also accelerates the loss of storage in lakes and reservoirs.

We have spoke with local regulatory agencies, and we have also contacted IDEM, DNR and the Army Corp of Engineers. This is in addition to local agencies that may have jurisdiction over this project. As of this letter, we have found no permits on file for the work in progress. We can find no evidence that the developers have requested proper permits to allow for the encroachment of the stream and watershed. We have been unable to verify that there is a permit in place under IDEM Rule 5 to control the Run Off and Erosion that this development is causing, or that there is proper controls to assure that the rules of Section 401 are being followed.

Finally, the pictures clearly show that during the next hard rain that occurs, there will be massive silt and soil entry into the watershed and stream. This will have a potentially devastating impact on Carpentier Creek and the watershed, and we hope that you will review the documentation and undertake whatever means necessary to enforce the cessation of this development and problem until proper safeguards, controls, and permits are in place.

Your assistance in this will be greatly appreciated. Please do not hesitate to phone me at my office at 424-2020, or on me cell phone at 204-2936 if you have any questions or need further information.

I look forward to hearing from you soon.

Michael Lockard, Chairman, Land Use & Planning Committee, Westside Improvement Association

CC: Phil Hoy, Chairperson, Indiana Soil and Water Conservation District

Subject: Potential 404 Violation Question

Thank you for taking the time to talk to me on Monday over the issues we have recently been informed of on Evansville's west side. After I spoke with you I drove to the site, and after careful consideration we feel that without immediate intervention there may be a significant impact of the watershed and streams in the area. We have been told that they will begin draining the lake within the next 24-48 hours, and the grading and deforestation that is impacting the local streams and watershed are on-going.

Enclosed are 14 pictures (all pictures may be found at bottom of page--Ed.) from the area currently known as 111 North Red Bank. It is directly to the north of the former Kuesters Hardware in the University Shopping Center complex. The stream is to the north (behind) the Westside Wal-Mart, and I believe is also known as an "unnamed tributary" that feeds directly into Carpentier Creek. It feeds into Carpentier Creek no more than approximately 1000 feet downstream from the watershed/lake and stream that we are concerned about.

The following eight pictures show where there has been massive deforestation and clearing of the area surrounding the lake, which will allow for massive erosion and runoff into the lake, causing a tremendous amount of sedimentation into the watershed and stream.

EastLakeBank.jpg, EastLakeStream.jpg, EastLakeviewBank.jpg, NEErosionbank.jpg, NELakeCorner1.jpg, NELakeDrain.jpg, NorthLakeBank.jpg, EastBankRubble.jpg

The next three pictures show how downstream from the four acre lake there has been what appears to be a totally new retention basin constructed that is contiguous to the unnamed Carpentier Creek tributary. These pictures show how the dirt has been pushed up the very bank of the stream, and with the first good rain this loose soil will flood the stream with silt and dirt, causing a massive back up onto surrounding low lying properties.

StreamEncroachment.jpg, StreamEncroachment2.jpg, StreamEncroachment3.jpg,

The last three pictures show a larger view of the newly formed pit that appears to be designed to be some sort of retention basin.

BehindWalmart.jpg, BehindWalmart2.jpg, StormmDrainBrokenNew.jpg

Continued degradation of this local watershed (Carpentier Creek) constitutes a significant loss in community livability. Without intervention, this watershed will continue to deteriorate, will be perceived as a community liability, and will be unable to support basic ecological and societal functions.

Changes in land use in this area over the last 20 years has had a continuing adverse affect to the health of the Carpentier Creek watershed. Large areas have been converted from forest land to areas paved for commercial and residential uses. This conversion has increased surface runoff, diminished water quality in receiving waters, and, in some areas, turned waterways into polluted drainage ditches with limited natural resource values. At times, the local development has so extensively altered the watershed hydrology that frequent flooding plagues neighborhoods and businesses, causing repeat property damage and posing threats to health, safety, and economic stability. Many contaminants enter waterways attached to sediment, and the sedimentation also accelerates the loss of storage in lakes and reservoirs.

We have spoke with local regulatory agencies, and we have also contacted IDEM, DNR and the Army Corp of Engineers. This is in addition to local agencies that may have jurisdiction over this project. As of this email tonight, we have found no permits on file for the work in progress. We can find no evidence that the developers have requested proper permits to allow for the encroachment of the stream and watershed. We have been unable to verify that there is a permit in place under IDEM Rule 5 to control the Run Off and Erosion that this development is causing, or that there is proper controls to assure that the rules of Section 401 are being followed.

Finally, the pictures clearly show that during the next hard rain that occurs, there will be massive silt and soil entry into the watershed and stream. This will have a potentially devastating impact on Carpentier Creek and the watershed, and we hope that you will review the documentation and undertake whatever means necessary to enforce the cessation of this development and problem until proper safeguards, controls, and permits are in place.

Your assistance in this will be greatly appreciated. Please do not hesitate to contact me at my office at 424-2020 if you have any questions or need further information.

I look forward to hearing from you soon.

Michael Lockard, Chairman, Land Use & Planning Committee, Westside Improvement Association