On 2005-05-22, Baine Carruthers wrote:
Wes

I think most of the "written word" on plant root depths is going to be
vague. The soil's properties probably have the most to do with root depth.
I would say that the best way to determine root depth is to pull a core
sample for positive verification. I guess the burden of proof is on the
plaintiff (perhaps you). Is the town of Cary is in such dire financial
straits that it cannot afford to install pipe that is not susceptable to
azalea root damage? : )


Well I just found out the 25 YO lines are Viterous Clay Pipe which is
most susceptible to root invasion. The issue is more of state law that
the 20 foot easement of sewer lines should only have ground cover.
And wording about line of sight from manhole to manhole and access.
They are taking a literal interpretation of the law and admit my shrubs
roots propbably pose little problem. But they are 5 feet tall and at
least that wide if not closer to 10.

I think we have a compromise where I can keep the azaleas if I prune
them back (Which I had intended anyway. ) I have told them that access
is not an issue since the lines are 5-10 feet down on my property so
that is going to slow them down more than the shrubs. I also told them
I had no problem losing them if they really had to send in a backhoe,
but did have a problem with having them cut for no reason at all.

I have agreed to move some camelias, sassanquas, hollies and a redbud and
they will allow me until next spring to do that so they can be moved
when dormant. Most of them will be moved just outside the easement.
Plus I plan to root some so I can replant in the future if that happens
and I lose them. Some of our shrubs are actually on town property since
my lot backs up to a greenway/floodplain. I will probably propagate it
with them as I have kept it mowed all these years.
If they come back and say I have to move the azaleas then that is when I
will engage a lawyer. I think I might be able to convince a judge that
such a strict observance of the law is not needed. At least they will
know they have been in a fight. I am perfectly willing to spend money
on a legal fight (up to a limit) and to get the town of cary a bit of
bad publicity since I already have the before pictures of the azaleas
which would be a nice contrast to the after pictures of an ugly manhole
and azalea stumps.

Eventually I suspect they will have to fix the lines, but I found out
they have minimal invasive techniques they can use. They slide in a
special plastic pipe that is flexible so they don't have to dig up all
of it only access points which unfortunately could be every manhole.
They pump in hot air to harden the plastic which becomes th new lining.

It has been interesting so far. I have argued hard but left on good
terms. I even gave one of the guys some canes from blue berry bushes.

--
Wes Dukes (wdukes.pobox@com) Swap the . and the @ to email me please.

is a garbage address.