December 2001 -- After a warm, dry fall season, it started to rain again. Nature helped to level the ridge by eroding soil from the steep, bare slopes and washing it into the stream. Here's what the mud-laden water looked like as it flowed toward (left or top photo) and into (right or bottom photo) East Fork Poplar Creek:

This kind of discharge of sediment violates the Federal Clean Water Act and state environmental regulations. A sedimentation control system should prevent this, but these photos show that the system that Revis installed belatedly after the serious mudslides of the summer is not working properly.

The Tennessee Department of Environment and Conservation visited the site and saw this situation on December 17, after several days of rain. TDEC issued a Notice of Violation, but measures taken to mitigate the situation are not working.

January 2002 - Rain on January 19 again led to sediment-laden discharge from the Pine Ridge site into East Fork Poplar Creek. The discoloration of the water on January 19th and 20th appeared as significant as was seen during the mid-December rain events that led to the December 20, 2001 notice-of-violation (NOV) from TDEC. In the photo below (at 4:40pm Saturday, January 19), East Fork Poplar Creek is fairly full and is more turbid than usual. Still, the discharge from Pine Ridge is clearly visible:

By 10am Sunday morning, East Fork Poplar Creek was running clear again, but the muddy appearance of the water flowing from the Pine Ridge site was unchanged from Saturday. Actions taken by the developer as a result of TDEC's December 20 NOV clearly have not worked. We do not know what specific actions were approved at the meeting between TDEC and the developer because has yet to provide this information -- despite requests.

Also, the earthen embankment at the west end of the Pine Ridge site was being over-topped by water and had water cascading down its face. Apparently, a large volume of water pooled on the 1050' bench in the development, then overflowed the embankment. Flow continued all day Saturday and Sunday morning, January 20. Substantial erosion was visible on the face of the embankment, which is immediately above the site's main stormwater retention pond.

The over-worked TDEC staff (there are just 3 staff members to handle water pollution control in 13 counties) seems to be handling environmental enforcement over this operation very gently. The developer should not be let off the hook. He undertook this project without first obtaining required permits, and he created a situation that never should have been permitted. It may be nearly impossible to effectively control sediment from the large and steep area that he has cleared. A punitive fine may be the only way to get the developer to recognize the seriousness of the situation and apply the effort needed to resolve it. Without a fine, he probably will continue to declare publicly that he has done nothing wrong. TDEC needs to continue to hear that people in the community truly want the agency to enforce the law. Phone John West at 865-594-5522and Baxter Wilson, 865-594-5538 in the Knoxville TDEC office and tell them that you want to see the law enforced at this site with another NOV and a fine. Other TDEC contacts in Nashville are Dodd Galbreath (Policy) 615-532-8545 and Paul Davis (Water) 615-532-0625.