GRAMMA request to the city of Lehi. To see if they granted a grading permit to the LDS Church without following all of Lehi City's development code. (of course they didn't) May 11, 2016

I noticed that the Thanksgiving Point Driving Range was under construction yesterday, May 10th, 2016.  I was curious if they were allowed to start excavating the site, so I sent the following two emails to Kim Struthers, Ryan Woods and Mayor Bert Wilson at the City of Lehi, UT. I will await their response if any. Below the two emails are a GRAMMA request I am putting in with the City today requesting documents that were required to be submitted by the LDS Church prior to them receiving the grading permit.  I will see if the City and the Church are adhering to the code word for word, exactly as it is written or if they are ignoring all kinds of provisions within the code for the LDS Church. 

The Code is the Code and everyone must abide by the code.

Lets see what the city comes back with. 

From: William Conley <billhytek@hotmail.com>
Sent: Tuesday, May 10, 2016 5:22 PM
To: Ryan Wood; kstruthers@lehi-ut.gov; Bert Wilson
Subject: Permit  

Gentlemen

I just spoke with both the building department and public works department.  Public works indicated that Sunroc would not be out their grubbing (grading) without a permit.  It appears that the permit for grading was issued by the city.  The building inspectors indicated that they received a building application on May 3, 2016 and it is in line to be approved.

Is this allowable? Please respond back.

Bill Conley

First email, this one I sent with a number of pictures (above) I had taken of the grubbing.

From: William Conley <billhytek@hotmail.com>
Sent: Tuesday, May 10, 2016 4:18 PM
To: kstruthers@lehi-ut.gov; Ryan Wood; Bert Wilson
Subject: Pictures 

Ryan and Kim

I noticed that the Thanksgiving Point driving range is being scrubbed today by a SunRoc employee. 

Has the LDS Church been issued a building permit? 

Can the LDS Church begin excavation while there is an appeal pending?  What happens if they lose the appeal? What happens if I lose the appeal and take it to court?  I am a little concerned the LDS Church has begun excavating the property.

Could you please reply to this email and let me know, if the LDS Church has been issued a building permit and secondly, are they permitted to begin excavating the property while there is an appeal pending?

Bill Conley

801 867 7227

Gramma Request exhibit 1

Section 28.060 Procedures for Establishment of Resort Community Zone

D. Effect of Area Plan Approval. If a proposed

Area Plan is adopted by the City pursuant to Chapter

15of this Code, all permits, licenses and development

must comply with the adopted Area Plan. Additionally,

developers and builders must comply with the Lehi City

General Plan, the Lehi City Development Code, and all

other codes and ordinances of the City unless modified

by the adopted Area Plan.

Request: If any of the development codes have been modified by this area plan, please provide me a copy of the modification and date of modification.

Request: Please provide me with a copy of the Application for Grading Permit submitted to the city by the applicant. Please provide me with ALL documents (as required by the application) submitted by the applicant with the Grading Permit Application.

Request: Please let me know when you have gathered all the documents in the GRAMMA request and I will come and view them at City Hall.

Failure to provide ALL the documents required in this GRAMMA request will be viewed that the applicant has not provided ALL the required documents to the city, which is a violation of the Lehi Development Code and the grading permit should not have been approved.

Section 12-B.020 Grading Permit Requirements

(Amended 11/12/13)

A. A grading permit is required for a project involving any of the following:

1.    Any grading, clearing, or grubbing in excess of one (1) acre, (43,560 square feet). Clearing includes the felling or removal of trees, shrubs, or other native material when the ground has been disturbed in excess of one (1) acre.

Request: Please verify in writing to me that the grading application is complete and provide me a copy of the minutes of the each of these recorded meetings by each of the reviewing committees who spent time reviewing the grading application. Including; dates, times, those in attendance and what was discussed.  See section below relating to this requirement. Please provide the schedule showing that the grading permit was placed on the reviewing department’s schedule. See code below.

C. Grading permit applications shall be submitted to the Lehi City Planning Department.

1.    Once the application has been deemed complete, the grading permit application shall be placed on the Reviewing Departments agenda for consideration.

Request: Please provide proof that (1) the grading application was review by the reviewing departments, (2) that the grading application was heard before the planning commission which included a public hearing, (3) that the grading application was heard before the city council which included a public hearing. See code below.

2.    Grading Permits for grading projects with more than ten (10) contiguous acres MAY be issued by the Public Works Director following review by the Reviewing Departments, review and recommendation following a public hearing by the Planning Commission and review and approval following a public hearing by the City Council.

(a) When considering the approval of the grading permit the Public Works Director, Reviewing Departments, and (when applicable), Planning Commission and City Council, will verify that all of the following criteria are met (in addition to other applicable requirements of this code and other city codes):

(i)                          Approval of the proposal will not pose a threat to or be detrimental to the public health, safety, and welfare, nor be materially detrimental to fish and wildlife habitat and/or water resources as determined by an expert consultant.

Request: Please provide an expert consultants opinion provided with the grading permit supplied by the applicant that the Thanksgiving Point Golf Couse Driving Range which is located a few hundred feet from the Jordon River is not detrimental to the public health, safety and welfare nor is it materially detrimental to the fish and wildlife habitat and or water resources.

F. Upon COMPLETION of the above, the grading permit will be issued. The grading permit along with the approved grading plans and the SWPPP must be kept on site through the duration of the grading project.  

Request: Please provide me the location of the grading permit application on site so that I may verify that it is ALWAYS on site.

BEFORE THE WORK BEGINS (REQUIRED, MUST, ABSOLUTE, SHALL) AND AFTER THE BOND HAS BEEN POSTED, A PRECONSTRUCTION CONFERENCE CAN BE HELD.

Request: Please provide me a copy of the bond that has been posted by the applicant. Please provide me with the date, time and those in attendance of the preconstruction meeting. Please provide me with the minutes to that recorded meeting. See code below.

Section 12B.060 Grading Permit Administration

(Amended 11/12/13)

A.   Before work begins on a grading project and after the bond is posted the Public Works Director will hold a preconstruction conference. The approved grading plans will be issued at this conference.

Request: Please provide me the name of the person from the Streets Department who is responsible for inspecting and monitoring the following.  (I will be following up with him to make sure the following items are being adhered to)

1. Grading is done only in the designated survey area.

2. Monitoring the approved extent and depth of the grading (both horizontally and vertically).

3. Verification that all required reports are submitted to the City. Reports must include daily logs of real-time data, and may be requested by the inspector weekly or daily if needed.  ( I will be following up and seeking a GRAMMA request daily or weekly if needed)

4. Reviewing the daily truck trips and the week-ly calculation of daily trip averages as outlined in 12-B.040 B. The effective capacity of each truck must be specified on every report.

5. Designated haul routes are being used and that safe hauling practices are being followed.

6. Reviewing a volumetric survey provided by the landowner or his/her designee, using a mutually agreed upon method, monthly.

Request: Please provide me with a document showing where the survey stakes for the grading are located.  I have been to the site and can’t seem to find the survey stakes.  This is a violation of the code. See code below:

Section 12-B.080 Grading Permit Violations

(Amended 11/12/13)

A grading project will be deemed in violation if any of the following occur:

B.    Removal of survey stakes and/or not maintaining clearly marked survey stakes.

Make sure the applicant has survey stakes maintained at all times.  See code below:

Section 12-B.090 Penalties

(Amended 11/12/13)

C.    The same rules apply for removal and maintenance of survey stakes

D.   D. Any person who is found to be in violation of an approved grading permit, or who is found to be in violation of this Code, may be charged with a misdemeanor and subject to enforcement by the City, as per Section 34.010 of this Code.

Request: Please provide me with a copy of the following required documents provided by the Applicant (LDS Church, Trio or VCBO) to the City for the Family Search Project on the Thanksgiving Point Golf Course.

Section 12-B.040 Grading Permit Submittal Requirements (Amended 11/12/13)

An application for grading permit shall include the following:

A. A narrative outlining the project. The narrative must include a reason grading is required.

B. A re-vegetation plan must be provided for any disturbed land, including slopes created by grading, and any vegetation that will remain. The following provisions shall also apply:

1. Conserve topsoil removed during construction for later use on disturbed areas as needed, and as approved by the City.

2. All disturbed soil surfaces shall be stabilized before final acceptance of the development by the City. Stabilization shall include, at a minimum, six (6) inches of topsoil and native seed mix or other suitable treatment.

3. Native seed mix and the process of application shall be approved by the City.

4. In all areas under ownership and control of the Developer, the Developer shall be fully responsible for any destruction of native vegeta-tion required to be retained, and shall be responsible for replacing destroyed vegetation.

C. A general vicinity map of the proposed site.

D. A meets and bounds description of the proposed grading site is required. The description must be submitted in hard copy and electronically, in a for-mat acceptable to Lehi City. The property limits and accurate contours of the existing ground must be provided.

E. A map of the subject area showing the elevations or finished contours to be achieved by grading

And the boundaries of the grading site as required by subsection D above. The map should show representative depth of cuts/fills on the grading plan, as well as any critical or sensitive lands as identified by Section 12.060 (J) (K) of the Lehi City Development Code. It should also include the specifications and recommendations on any associated soil compaction of the site.

F. The amount of material to be moved and/or re-moved must be provided. Extractable volumes must also be provided in both bank cubic yards (BCY) and loose cubic yards (LCY). Where applicable, in fill areas, compacted cubic yards (CCY) must be provided. The number of estimated total truck loads and the estimated number of truck loads per day must be provided.

G. A completion date must be provided. In no case can a grading permit be approved for a timeframe greater than one (1) year; however an extension may be requested if the project is not completed within the approval timeframe. All extensions shall be as per Section 10.120 of the Development Code.

H. The main haul route shall be outlined and shown on a map. A secondary haul route may be required when determined necessary. Haul routes should avoid school zones, and any areas of potential conflict where possible. The number of ex-pelted daily trips shall also be indicated. Haul routes for projects greater than ten (10) acres must be approved by the City Council

This project is more than 10 acres.  Please provide me with a document whereby the City Council approved the grading permit. Date and time of the City Council meeting and those in attendance.

I. A plan showing the locations of retaining walls in excess of four (4) feet.

J. A map of the subject area showing the location and type of erosion and sedimentation control devices. Some erosion is unavoidable. The resulting sediment must be trapped on the site, even during de-sign flood conditions. Construct sediment fences and sediment traps and basins before other land-disturbing activities occur. Sediment fences, traps, and basins must be properly maintained, regularly inspected, and cleaned as necessary. Dispose of the sediment removed during cleaning in a place where it will not flow back into the control structure. Con-sider the maintenance and repair costs of each erosion control practice before construction. Erosion and sediment control structures should be inspected and maintained. If not properly maintained, some practices may cause more damage than they prevent.

K. A written statement and or plan addressing the following provisions:

L. No person shall block, impede the flow of, alter, or construct any structure or deposit any material or commit any act which will affect normal or flood flow in any stream or watercourse without first obtaining a permit from the appropriate agency.

M. All engineering work shall be approved and stamped by a licensed professional engineer who can demonstrate experience in geotechnical or geological sciences.

N. The landowner or his/her designee will be required to post a bond for all restoration of graded areas. The bond will cover the cost of needed reclamation, at a minimum the cost of topsoil, seeding, and erosion control measures. The bond must be placed in accordance with City bonding procedures as per Sections 11.220 and 11.320, Guarantees and Bonds, of the Lehi City Development Code.

O. A current Storm Water Pollution Prevention Plan (SWPPP) and a Utah State Notice of Intent (NOI) will be submitted and maintained during the permit period.

P. Any grading near waterways will require a Stream Alteration Permit from the Utah Division of Water Rights, and a copy of that permit must be submitted with a grading application.  

Jordon River is near.