Berthelot Holdings, LLC offered the 158-lot preliminary plat for Shadows at Manchac on April 11, 2012, receiving approval conditioned on limiting fill materials to 18 inches “and constructions to be constructed on piers.” Ross Berthelot efficiently appealed the situations on Might 9, 2012 and proceeded with enterprise as traditional, finally ending building and washing his arms of all future points. Plans included a retention pond, like most others, which has ceased to operate as designed and now Ascension Parish is being referred to as upon to repair it.
An merchandise seems on Monday’s EA Drainage agenda:
Approval to enter into servitude/settlement element negotiations with the HOA of Shadows of Manchac Subdivision with regard to remodeling the retention pond of the subdivision. Approval is for dialogue solely and last determination to be introduced again to the East Ascension Drainage Board for a vote. (Commissioner Aaron Lawler)
Shadows at Manchac is positioned in Lawler’s District 7.
The associated fee to repair its retention pond, which has by no means been maintained apparently, involves $379,811.16 based on the estimate offered by Hartman Engineering. Clearly, the taxpayers who fund EA Drainage works must decide up the tab or the retention pond will go unrepaired.
Would the expenditure profit drainage exterior of the subdivision? If not EA Drainage commissioners have to think about Louisiana’s constitutional prohibition of expending public funds to enhance personal property. Article VII, Part 12:
A) Prohibited Makes use of. Besides as in any other case offered by this structure, the funds, credit score, property, or issues of worth of the state or of any political subdivision shall not be loaned, pledged, or donated to or for any particular person, affiliation, or company, public or personal. Besides as in any other case offered on this Part, neither the state nor a political subdivision shall subscribe to or buy the inventory of an organization or affiliation or for any personal enterprise.
One factor is for certain, Ross Berthelot and his firm won’t pony up a nickel to repair the retention pond they dug lower than a decade in the past. Normal operation process sees the developer create the HoA (which occurred on September 10, 2013 within the case of Shadows at Manchac), turning over accountability to residents as soon as homes are offered (which occurred starting in 2018). Not one of the affected events managed to keep up the retention pond, and now the onus falls on EA Drainage (or not).
Hartman Engineering assessed the issue:
The unique 2013 Development Plan Set was in comparison with a latest topographic elevation survey offered by Ascension Parish, and it seems the retention pond has incurred sedimentation in areas all through the pond. Sedimentation ranges from a number of inches to upwards of 18” in some areas. There are inside cross drains inside the retention pond that’s fully silted in. The prevailing Rip Rap Verify Dams have incurred extreme erosion on the surface of every dam. It’s exhausting to find out (underneath this current activity order and scope of labor) if the prevailing situations of the retention pond adequately meet the unique Ascension Parish design requirements/ordinance with out offering a extra in-depth design evaluation. Presently, this isn’t a part of our authentic scope of labor. Nevertheless, I’ll say, this sedimentation has probably decreased the storage capability to a point, however general seems to be functioning as supposed. Additionally, there are two rock test dams which can be severely eroding on the surface edge reducing into the slope of the pond financial institution.
I made a number of website visits (April and Might) after intense rain occasions, and didn’t discover any avenue flooding or a full retention pond. The siltation will proceed to worsen over time with none upkeep. There may be an current 30’ devoted drainage servitude that runs within the middle alongside the size of the retention pond.
The agency really useful the next corrective measures:
As a way to correctly preserve the retention pond in its entirety, the prices related to dredging, cleansing and hauling of fabric could be the accountability of the HOA and Ascension Parish, except Ascension Parish can purchase a short lived servitude for entry past the devoted 30’ drainage servitude. Ascension Parish can solely legally clear within the 30’ Drainage Servitude. And, for my part, one shouldn’t be performed with out the opposite, which means the entire retention pond (inside and out of doors of the 30’ Drainage Servitude) needs to be introduced again to authentic design/plan situations. An alternative choice could be to dredge further materials past the unique invert of the retention pond such that the retention pond will maintain water (minimal of three’ depth) such that weed and tree progress may be minimized. (See hooked up photos of current pond as of 7-26-21).
As well as, I like to recommend eradicating the upstream rock dam and rebuilding the downstream per plans with a sheet pile wall as the middle extending into the prevailing aspect slopes of the pond financial institution to stop future scouring/erosion across the rock dam. Ultimate elevations to be accepted by an Engineer.
If EA Drainage votes to pay for Shadows at Manchac’s retention pond repair, what number of different subdivision retention ponds will line up for a similar largesse?