Prominent home builder fined for soil erosion at construction sites

A well-known residential development company based in Ankeny was recently fined $9,000 for failing to adequately contain soil runoff at a project site in Elkhart, according to the Iowa Department of Natural Resources.

It was the third time in three years that Kimberley Development Corp. has been fined for erosion at the sites, DNR records show.

Dennis Thielen, a DNR senior environmental specialist who investigated each of the incidents, said companies hired by Kimberley to prepare the soil for construction were at fault but that Kimberley is ultimately held responsible because it obtains permits for the work.

The most-recent incident involved the Kimberley Woods construction site on the north side of Elkhart. Stormwater runoff flows into an unnamed stream that eventually reaches the Skunk River, which lies about two miles away.

A DNR inspection of the site in October 2022 found a retention basin that was constructed to contain stormwater runoff from most of the site did not have proper controls to prevent soil erosion and that sediment was flowing from the basin into the stream.

“If there’s a failure in (those controls) that results in sediment reaching a water of the state, that’s kind of our trigger for looking at additional enforcement with the penalty,” Thielen said.

The inspection also noted that most of the dirt work was complete but that the site — along with stockpiles of soil — had not been stabilized to prevent erosion, which was readily apparent across the site.

“Failure to properly manage stormwater runoff from construction sites degrades surface water quality and deposits excess sediment in water channels,” according to a DNR order that recently levied the fine. “Sedimentation of Iowa’s waterways is a serious problem.”

Another fine of $8,000 last year resulted from erosion that was discovered at two Kimberley developments in Altoona and Mitchellville.

DNR inspections of Boulder Creek Estates in Altoona in October and November 2021 that were prompted by complaints found that much of the erosion controls at the site had either failed or were not installed. That led to a significant amount of soil eroding onto an adjoining property. Stormwater from the site flows into a stream that ultimately leads to the Des Moines River.

About that same time, an inspection of Deer Run in Mitchellville found silt fencing that had failed, steep slopes with no erosion controls and other violations. A DNR officer noted significant sediment that had eroded into a ditch. Stormwater from that site flows into an unnamed tributary of the South Skunk River.

The third fine of $8,000 was issued in 2020 for erosion at The Reserve at Jester Park near Saylorville Lake. Someone reported in February 2020 that eroded soil was going from the site onto Polk County Conservation land.

A subsequent investigation found that there were erosion controls missing along the perimeter of the site and that three stormwater basins were inadequately constructed to contain sediment.

A DNR officer saw sediment going from one of the basins into a stream that flows into the lake.

Kimberly Development has won numerous awards from the Home Builders Association of Greater Des Moines, including “Builder of the Year,” according to the company’s website. The association gave its owner, Bill Kimberley, a lifetime achievement award in 2021.