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    Complaint

    51058
    WPC
    1/23/2019
    Phone
    Water quality / Health effects
    Buffer
    1/28/2019
    20-NOV-2023 12:13PM

    Location based on SITE_ID

    Site ID
    100301
    Site
    Memphis Light, Gas and Water Division
    Location
    3941 Grandview Ave
    City
    Memphis
    Description
    DWP, Construction Inspection Report
    County
    Shelby
    EFO Name
    Memphis
    Site Owner
    -

    Investigation Results

    Advisement Letter
    1/29/2019
    1/29/2019
    City of Memphis Light, Gas, and Water Div
    1/23/2019

    Description and Writeup

    1-23-19: Complainant expressed concern about development of a new subdivision near Overton Park. Concern is if MLGW uses the same water line for new development that currently serves existing locations, it will cause particles such as lead, copper and etc. to affect existing customers. Complainant asked if MLGW can use another water main to serve the new development. Also, complainant wants to know what is the required distance from new water main to the adjacent bayou. GAK referred the water line portion of the complaint to MLGW.
    1-28-19: JEBr asked GCC to find out if buffer is required.

    1-29-19: GCC emailed Mrs. Phillips informing her as follows.
    1. The State of Tennessee Division of Water Resources must maintain impartiality regarding local ordinances and local jurisdictional entities. Therefore, the Division has no opinion or comment regarding PD 18-29 - City Cottages at Hein Park Planned Development, and no comment on the work proposed in PD 18-29 since we have no permit application for the work.
    2. Local zoning procedures operate independently from the Division’s permitting process, and neither one trumps the other. If an application meets criteria for permit coverage, we have a statutory obligation to issue the permit coverage.
    3. The TN CGP requires a 30-ft. average width (15-ft. min. at any point) no-disturbance construction buffer along any stream under State Regulations/TDEC rules. For streams with “Unavailable Parameters” the CGP requires a min. of a 60-ft. average width (30-ft. minimum at any point) no-disturbance construction buffer, to be maintained “… to the maximum extent practicable.” The Division will work with developers on the ultimate buffer width/minimum width and any potential mitigation for the lesser buffer, and the only scenario where no buffer has been required was in a case where there was no buffer at project inception and the post development use was the same as the pre-development use.
    2-1-19: Ms. Phillips emailed GCC asking if Overton Bayou had Unavailable Parameters.
    2-1-19: GCC emailed Mrs. Phillips explaining that 1) Cypress Creek and its tributaries, including Overton Bayou, were determined to be streams and 2) all of the impairments listed for Cypress Creek were invoked on the tributaries, as well, so 3) the 60-foot buffer applies to Overton Bayou.

    GCC also explained developer options regarding the buffer.