04/25/2026
Dear Mr. Irwin,
On January 25, 2026, the Department of Environment and Conservation (“Department”) received your formal complaint regarding potential violations of the Tennessee Water Quality Control Act, Tennessee Code Annotated §§ 69-3-101 to -148 (the “Act”), at the Estates at Cedar Hollow subdivision (“Site”) located in Knox County at 1603 and 1607 Cedar Lane, Knoxville, Tennessee 37918. The complaint alleges that the Site is a point source and the National Pollutant Discharge Elimination System (NPDES) applies.
First, the Department agrees that the Site is required to have coverage under an NPDES permit. A person must obtain coverage under a permit prior to discharging any substances to waters of the State, or to a location from which it is likely that the discharged substance will move into waters of the State. Tenn. Code Ann. § 69-3-108(b). Operators of construction activities disturbing one or more acres of land, including smaller sites that are part of a larger, common plan of development, are required to obtain NPDES permit coverage for their stormwater discharges. Tennessee has issued the Tennessee General NPDES Permit for Discharges of Stormwater Associated with Construction Activities (TNCGP - Permit No. TNR100000).
Pursuant to the Act, the Department has established a program under which a regulated NPDES Municipal Separate Storm Sewer System (MS4) Stormwater Management Program may become a Qualified Local Program (QLP) for the management and oversight of stormwater runoff from construction activities within their jurisdiction. Tenn. Code Ann. § 69-3-148. The City of Knoxville is a regulated MS4 program and has obtained coverage under an individual NPDES MS4 permit (Permit No. TNS068055). The City of Knoxville MS4 is also a QLP. As a permitted MS4, and QLP, the City of Knoxville is required to develop, implement, and enforce a construction site stormwater runoff control program that is consistent with the TNCGP. In turn, the Division monitors the City of Knoxville to determine compliance with its NPDES permit and to maintain their QLP status. On February 26, 2024, the City of Knoxville granted DC Home Builds LLC coverage under the TNCGP (QLP tracking number TNQ030367) for the stormwater discharges associated with the Site.
On January 29, 2026, staff from the Division of Water Resources (“Division”) and Knoxville MS4 visited the Site and investigated the allegations posed in your complaint. It was noted that infrastructure on the Site such as the roadway (Arza Lane), storm drains, and sediment basins are the Site’s primary erosion prevention and sediment controls (EPSCs). Arza Lane is currently part of the construction site, and the storm drains on Arza Lane drain directly to the sediment basins. Once homes on the Site become occupied and Arza Lane becomes a public street, then lot level best management practices—such as silt fences, erosion eels, and drain inlet protection—will need to be installed in disturbed areas and in storm drains. Staff observed that the two sediment basins onsite collect runoff from the Site, and both appeared to have properly functioning skimmer devices and appropriate wet storage volume. The basins did not appear to be directly contributing to off-site sediment discharge.
However, staff did note erosion around an outfall located along Cedar Lane. During the site visit, Knoxville MS4 staff requested the permittee either grade and stabilize the outfall or temporarily cover the hole with filter fabric and fill the area with rock to prevent further erosion. Staff also observed an erosion rill and a damaged silt fence on the Site. Knoxville MS4 staff requested the permittee fill in the rill, stabilize the area, and monitor the area for additional measures to prevent the rill from reforming. Additionally, Knoxville MS4 staff requested the permittee fix or replace the damaged silt fence. The permittee was advised that areas of the Site not under active construction should be stabilized and precautions should be taken to prevent sediment tracking onto public roads at the construction site entrance. On January 30, 2026, Knoxville MS4 staff sent the permittee an email listing all the corrective actions that should be taken to stabilize the Site and bring it into compliance.
On February 6, 2026, Knoxville MS4 staff performed a site visit. During this inspection, it was observed that none of the corrective actions noted in the January 30 email had been completed. That same day, the Knoxville MS4 issued a Notice of Violation, which included a stop work order until the requested corrective actions were completed. On February 11, 2026, Knoxville MS4 staff revisited the Site and observed that the corrective actions had been completed. Knoxville MS4 staff shared new photographs of the Site with the Division, and the Division agrees that the Site has now been stabilized. The photographs show straw matting, filter fabric, and rock installed around the previously unstable outfall; a silt fence and matting installed to address the rill identified on the sediment basin berm; and a repaired or reinstalled silt fence along the eastern property line.
Division staff reviewed the City of Knoxville’s Stormwater Enforcement Response Plan. Knoxville MS4 staff’s response to conditions at the Site appeared to be consistent with the Stormwater Enforcement Response Plan. The Division will continue to monitor the Site but does not intend to pursue formal enforcement action at this time. If you believe this action is inadequate, you may appeal to the Tennessee Board of Water Quality, Oil, and Gas for a hearing conducted pursuant to Tennessee Code Annotated section 69-3-110. Such an appeal must be made within 30 days of receipt of this notification. Appeals may also be filed electronically at [email protected] or by mail to Jenny Howard, TDEC General Counsel, Davy Crockett Tower, 500 James Robertson Parkway, Nashville, TN 37243.
If you have any questions concerning this correspondence, please contact Joelle Ballard at (615) 659-8777 (email [email protected]). Attorneys may contact Samantha Buller-Young, counsel for the Department, at [email protected] or (865) 440-8303.
Respectfully,
