Trying again. I used the wrong e-mail address for Sue the first time.
From: McDonald, Linda C - Legal
Sent: Wednesday, January 11, 2017 5:00 PM
To: 'sue.cooper@adm.sc.gov'
Cc: Johnson - Young, Mae Alice; Pat Frawley; Dickinson, Robert C
Subject: Ted McFarland
Sue,
Following up on our conversation regarding Mr. McFarland, I am attaching below the e-mail correspondence I have had with him. He called me
last Thursday and was very aggressive in demanding that SCDOT fix the drainage pipe on Natchez Trail. I explained that there was a pending lawsuit regarding that pipe and that we could not resolve anything until that matter was concluded. I am also copying
Pat Frawley, who is the attorney representing SCDOT in the pending lawsuit, and Robert Dickinson, SCDOT’s District Engineering Administrator for the geographical area involved, to let them know that Mr. McFarlane is calling the governor about the matter.
Please let me know if you need further information.
Linda
Linda C. McDonald
SCDOT Chief Counsel
P. O. Box 191
Columbia, SC 29202
803-737-1255
From: McDonald, Linda C - Legal
Sent: Monday, January 09, 2017 5:46 PM
To: 'Ted Mcfarland'
Cc: Dickinson, Robert C; 'Bagley, Michael F.'; Holden, Andrew S; 'Pat Frawley'; Taylor, Amanda T; Moore, Natalie J
Subject: RE: drainage crossing under Natchez Trail, W. Columbia
Mr. McFarland,
The people copied with this e-mail met this afternoon to discuss your request to “fix” the Natchez Trail storm water crossing.
There is a pending motion to amend before Judge Hayes in the Declaratory Judgment action. We cannot comment on that matter until
it is finalized. Mr. Frawley is representing SCDOT in the matter.
Also, SCDOT has no plans at this time to make any changes to the pipes within the right of way of Natchez Trail.
If you have plans to build a berm which in any way encroaches on the SCDOT right of way, you will need to obtain an encroachment permit to do
so. You can apply for the permit through SCDOT’s Lexington Maintenance Office or online at
http://www.scdot.org/doing/permits_Encroachment.aspx.
Sincerely,
Linda McDonald
From: McDonald, Linda C - Legal
Sent: Thursday, January 05, 2017 9:50 AM
To: 'Ted Mcfarland'
Cc: Dickinson, Robert C; 'Bagley, Michael F.'; Holden, Andrew S; 'Pat Frawley'; Taylor, Amanda T; Jones, Bryan L
Subject: RE: drainage crossing under Natchez Trail, W. Columbia
Mr. McFarland,
As promised, I will forward this to Robert Dickinson, the Interim District Administrator for SCDOT Engineering District 1, and he, or his staff,
will be in touch with you to further view the situation.
Again, I recommend that you go ahead and file a damage claim if you think SCDOT is responsible for damage to your property. Attached
is the claim form, which must be completed, signed before a Notary, and turned into Mr. Bagley at Lexington Maintenance, 124 Park Road, P. O. Box 70, Lexington, SC 29071. This starts our internal process of reviewing your claim and accepting it or denying
it.
Thank you for your inquiry.
Linda
Linda C. McDonald
SCDOT Chief Counsel
P. O. Box 191
Columbia, SC 29202
803-737-1255
From: Ted Mcfarland [mailto:miamimac@bellsouth.net]
Sent: Wednesday, January 04, 2017 6:54 PM
To: McDonald, Linda C - Legal
Subject: drainage crossing under Natchez Trail, W. Columbia
*** This is an EXTERNAL email. Please do not click on a link or open any attachments unless you are confident it is from a trusted source. ***
Let me first apologize for my remark about your needing a legal refresher course. I'm sorry for that comment.
I am writing to get the ball rolling, hopefully, on the long needed 'fix' for the Natchez Trail storm water crossing. As we discussed, your engineers
have already been out and readily admitted that the crossing needs to be fixed. The only issue really seems to be who is going to pay for it. Who is actually responsible for making the repair. You commented that first there needed to be some evidence that
there was a problem and when Mike Bagley was out here speaking to me, he literally walked out the path of the pipe run and showed me how the problem was exacerbated by the pipes crisscrossing under the roadway. He pointed to a runoff curb drain on the lower
side of the road and walked across to another curb runoff on the high side of the road and said that the pipes cross from one side to the other there backwards to the way that they should be connected. He readily agreed that it was a poorly engineered job,
but as I've said, he didn't at all deny any claim that there was a problem with the way the system was initially installed. In fact, he readily supported my comment when he was explaining how the pipes crisscross, that the system seemed to be poorly engineered
or laid out and he agreed. His only issue was who was going to pay for the repair. He didn't deny that the repair needed to be done and also readily agreed that all the double barrel crossings further upstream of this one would cause exactly the problems
we have been having. His only issue was who was going to pay for it.
So, I'd really like to be done with any such discussion as to whether or not there is a problem. I believe that has been readily established by the
testimony of your own engineer. Of course, others who have been involved with this issue have also made comments in open court that the system is flawed by design. So, again, I'd really like to just dispense with any effort made by SCDOT that there needs
to be some proof that there is a problem in the system as installed under Natchez Trail. I've spoken with engineers and attorneys with the City of West Columbia and with SCDOT and there is not anyone who is involved in this issue that denies that there is
a problem. The only issue is who is responsible to go out there and pay the guys who are going to dig up the roadway and fix the problem.
I don't mind in the least paying to restore the property damage. I can eat that, although I honestly don't think it's fair, but no one ever told me
that life was going to be fair. I just don't want to throw my money into restoring the property only to have hanging over my head that come the middle of June or July a mighty summer storm is going to pop up and, because corrections to the foundation of the
problem haven't been made, I have to buy several more thousands of dollars of fill, or, God forbid, that the foundation of the house fails.
You really need to see this damage. We're not talking some little wash out. The pit is over 6' deep by about 35' x 13'. It's going to take nine 15
yard loads of fill to fill in this hole and regrade the front lawn. At $300.00/load that's nearly $3,000.00 just for the fill. Then added to that is the labor and machine costs for a skid steer or backhoe to put the dirt in and level it off. Then the whole
area will need to be re-sodded. So, hopefully you can appreciate my apprehension in doing this work without some assurance that the foundation of the problem will be addressed. Right now that gaping hole sits less than two feet from the foundation of the
home on the property.
A private engineer has placed a warning to anyone entering the property that it may be unsafe. All of this because no one wants to take responsibility
to correct a problem that came about because somebody decided that it was a good idea to put double barrel 72's and double barrel 54's to feed down to a single 54. Linda it just isn't theoretically or physically possible that if those pipes get to near full
that the single 54 will handle the runoff.
God bless you and thank you for any assistance you can give.