Resident Tired of Repeated Flash Flooding of Home

Paducah resident Kevin Comer wants some accountability for local flash flooding, because he's seen it get worse and worse over the last few years.

Comer told the Greg Dunker Show that the property where he and a friend live on Deer Lick Place has flooded, "courtesy of the city of Paducah," 34 times in the last 21 years, with water inside the house on eight occasions. The last time was July 7, when the National Weather Service measured almost 5.5 inches of rain in just a 90-minute period that morning.

"I had a foot of water in my house that morning, and it wasn't just standing water, it ended up being rushing water. We had two feet plus in the yard, my garage that I converted to an office ended up with 2 feet, 2 inches in it," Comer said. 

He indicated that water flow in the home was so strong that it permanently bowed a wooden door, almost breaking it.

Comer said he went to the City Commission meeting along with other victims to tell them the flooding is getting worse and more frequent, but left unsatisfied. He said the city claimed the flooding in July was caused by a 100-year rain event, but Comer said that doesn't account for other incidents. 

"Anyone who wants to look around can see the reckless over-development that is constantly going on in this area - particularly the Crooked Creek area," Comer said. 

He claims construction of Heartland Worship Center, the Murray State Extended Campus, and other businesses in the Crooked Creek area have covered ground that used to absorb water with asphalt, so water now runs off that property toward his neighborhood. Comer says when Pecan Drive was extended the city had the opportunity to dig culverts on the opposite side of the road and dump water farther downstream, but chose not to do it. 

"You don't have to be a rocket scientist to know that for every square inch of ground you pave, that ground's no longer absorbing water, it 's running off, and it has to go somewhere. You know, you look at the lay of the land and gravity, and right now it's all being funneled in our direction," Comer said.    

Tony Crouch of NHD Properties owns apartment buildings on nearby Oakcrest Drive. He said tenants in two of his buildings had to move out after July 7, and he is repairing/remodeling the buildings because they flooded. He hopes to have the apartments available to rent by the end of October. Crouch said the buildings also flooded in 2013 because the creek overflowed.

Comer's home also flooded two years ago, and he still doesn't have carpet, flooring or kitchen cabinets because he knows they'll be ruined again. He keeps his bed and furniture on cinderblocks, and raised the floor of his office, which he built years ago in the garage of the home. 

Paducah's City Engineer and Public Works Director Rick Murphy said he and city officials understand the concerns of citizens in this area, but explained that new construction isn't to blame. He explained that for every development over 10,000 square feet, current law requires each builder to individually compensate for the increase in run-off by including retention basins or other structures, so creeks or tributaries aren't overwhelmed downstream. Water is held in those basins and the flow downstream is restricted to what the creek had before construction. He used the extension of Pecan Drive as an example, saying that an 11x19 foot bridge was replaced by an 11x19 foot box culvert, which acts as a valve to protect property downstream.

Murphy said, "We didn't make the opening bigger, we left it the same size so anybody downstream of that opening would not experience anything different than what we did with the construction or anything different than what happened with the development upstream."   

Murphy said based on what he and others have seen, and their calculations, the systems are handling water as they were designed. He added that engineers typically use their calculations as the minimum requirement for what is built. 

"I know that's hard for people to understand as their belongings are being flooded, but it is factually correct, and I'm just trying to provide compassion with factually correct information," Murphy said.  

Comer said the city is responsible for protecting property, and that should require stopping more development, and making sure building codes are up to date so storm water has somewhere to go.

"They're saying, 'our building codes are to spec.' Well no, they're not, because people's homes are being flooded," Comer said, "Now, if their homes were being flooded, I'm sure they would do something about it. Our homes are being flooded, they're going home to their nice warm beds at night with no problem. They're not concerned about that."  

Murphy said the most current FEMA hydrological maps are from 2011, after Pecan Drive was extended. He said banks use those maps when considering home loans, and if the maps show a creek could flood, the borrower could be required to purchase flood insurance to get financing. Murphy said this information is readily available to the public. He said in many cases, property owners are responsible for maintaining creeks on their land - whether they know it or not. He recommended checking the deed to be sure.

Comer told Greg Dunker that continued development at Strawberry Hill is now creating conditions downstream where overwhelmed culverts can't evacuate water quickly enough, and quicker run-off upstream causes the creek to flood his street and others in the neighborhood. 

"There are several houses that have never flooded before that have started flooding during the last two floods," Comer said.

Murphy said there are several factors that could contribute to this, and the city can only help in some cases. Debris in creeks can quickly accumulate at multiple locations during a heavy rain, creating obstructions that weren't there an hour before. This can happen naturally, but property owners contribute when they give in to the temptation and throw leaves or limbs into the creek. Murphy said it's a human tendency that can literally pile up.

He said, "You get four, five, six, eight, ten people in a neighborhood 100 houses, it don't take very long for that material to get washed downstream and get lodged on something that creates a problem for everybody. Do I have evidences of that? Yes, I do. Do I know where it came from? No, I don't."  

Murphy said in most cases, the city does not have easements for property that would allow them access to inspect or clean creeks. He repeated that if the deed says the property includes the creek, it's the responsibility of the owner to keep the creek clear. If the city hears of a problem, they do have ordinances in place that allow them to fine someone for neglecting their property, or eventually put a lien on the property if they have to go in and correct a problem. But he said that hasn't happened in the last couple of years, and those types of discussions with homeowners are obviously not pleasant.

"Do we walk the creeks annually and give notices of violation with regard to obstruction of water courses? No, we do not," Murphy said. 

So what can or should be done? 

Comer said he wants to see all development stop, building codes upgraded, and money spent on flood mitigation instead of some of the city's current projects. He also believes different leadership is needed, especially the Mayor and City Engineer.

"These people need to be removed, forbidden from holding any such positions where they are ever responsible for anyone else's life, safety and property ever again. They are completely incompetent and negligent. We need real engineers in here, and real leadership that can look at this problem, and start to correct things," Comer said. 

Murphy said the city's response has to be very diligent and conservative, because of financial constraints.

"The city's coffers and/or financial resources may not be sufficient to respond to things because what we do, we have to be willing to do for the entire community," Murphy said. 

He said their immediate response in July was to provide debris pick-up free to citizens, rand request an emergency declaration and help from the county, which then asks the state, and the state asks the federal government. If approved, funding would be passed down to be used for relief and recovery. Unfortunately, that determination is out of the city's hands, and funding was denied last month.

Murphy gave a similar example from this winter, when three emergency declarations were requested from weather events, two of which were significantly heavy snowstorms. He said the city only got disaster money for the first 48 hours of the first snow, when city crews worked around the clock for ten days. Nothing else was approved.

"That's how restrictive these dollars are," Murphy said.

Murphy encouraged anyone to investigate the FEMA maps relating to their property, check into flood insurance, and investigate the deed of property they own or are considering purchasing, so they are fully aware of current and possible future issues.