COLERAIN TOWNSHIP, Ohio — Days after we initially reported on the problems caused by a large earthen mound erected as a result of a Wawa currently being built along Colerain Ave., neighbor Steve Schnebeli said he hasn't been satisfied with the conversations that followed.
We talked to Schnebeli on Monday, reviewed a Colerain Township Board of Trustee meeting and talked with the Hamilton County Soil and Water Conservation District on Tuesday, and revisited Schnebeli's property on Thursday.
"I'm feeling unchanged," Schnebeli said. "It's the same, say what you want, get away with whatever you want, and there's no consequences."
Schnebeli said another deluge of muddy water flowed through his property during Tuesday's heavy rains despite the construction of storm drains at the base of the large pile.
Wawa hasn't responded to our request for comment, but a representative answered Colerain Township Trustee questions at Tuesday's meeting.
President Cathy Ulrich asked what was being done to address the neighbor's concerns.
"We're signing a change order to plant 20 additional trees that are beyond the approved plan, and we still have to put in the 18-foot fence," the representative said.
Ulrich asked if there was any plan to reduce the size of the dirt pile or move it.
"No, there is not," he said.
Schnebeli said it has been difficult to determine who was responsible for approving Wawa to build the dirt pile directly beside their property lines as an initial plan brought before Colerain Township's Zoning Board didn't include the pile, the Development Director said at a recent Zoning Board meeting that the pile was out of their jurisdiction, and a Hamilton County representative said they were only in charge of approving permits for a stormwater pollution prevention plan and ensuring they met the county's standards for geotechnical requirements.
Trustee Matt Whalert said at Tuesday's meeting that an administrative "gap" allowed for the earthen mound's construction.
"Sometimes there's gaps, and this gap has created a lot of bad will between a lot of different people," he said.
I talked with Whalert on Thursday, and he sent us a lengthy statement about that "gap," answering our questions about what could be done to address the dirt pile sitting behind Wawa and what the Trustees could do to ensure they had more say in decisions moving forward.
"The HCSWCD's approval resulted in the 'mound' that you have seen in various photos," he said. "This 'mound' was not part of the Development Plan approved by Colerain Township Zoning."
Whalert told us he has asked the Zoning Commission to draft a "text amendment" exploring their options for claiming jurisdiction of projects like the Wawa construction to add to the township's toolbox, but he insisted the county remain responsible for geotechnical aspects of construction projects as the township doesn't have its own engineer.
"What I said at Tuesday's meeting applies even more today - I am asking Wawa to lead the way in finding a solution that, as they say, is 'just a little bit better.'"
Schnebeli said he still viewed the lack of oversight or ability for someone to address their issues as part of a longer strategy at play by Wawa's developers.
"Delay, delay, delay, and, sooner or later, people will give up. Just give up and accept it," Schnebeli said.
WATCH: We ask Steve if he's satisfied with progress made to solve problems from the mound
A Colerain Township spokesperson told us Thursday that administrators had "nothing to add at this time."
A Colerain Township Zoning Board meeting agenda for August 19 lists a discussion of whether to direct the Law director to investigate their authority over earthen mounds and the ability to direct earth movement on site.
Members of the Hamilton County Conservation District spoke with WCPO on Tuesday afternoon, saying they were responsible for the approval of a stormwater pollution prevention plan and ensuring they met the county's standards for geotechnical requirements.
Urban Conservationist Chey Alberto said they had checked all the boxes as far as the county was concerned.
Urban Technician Jim Gleason told us he'd met with Schnebeli to address his concerns about the runoff onto his and nearby properties.
Gleason said the muddy water flows were due to "contractor error" that impeded the flow of water into drains near the Raeann Drive properties. He said the issue had since been corrected.
Alberto said the developer will need to ensure the site is stabilized with vegetation, and a geotechnical engineer will have to ensure the site is regularly tested and still up to county standards before they can give final approval to the project.
He said that final approval should come soon after construction is complete.
