Flooding at Pecos Road leads to perceived ‘legal threat’

Pecos Road residents in Saddle Ridge subdivision, already upset that a planned connector road between it and the under-construction Ivey Farms development is still moving forward, are now dismayed about flooding from the construction site.

Tim Sayers, who has been one of several leading the charge against the connector road, provided an e-mail he sent to Town Community Development director Mark Shipley Thursday, July 23, in which he expressed concern about grading in Ivey Farms, specifically regarding lots 33 and 34.

“The topographical maps show that the elevation on portions of lot 34 have been raised approximately 10 feet over the prior elevation, and on lot 33 it shows that portion of it has been raised several feet,” Sayers stated. “Also, in this area a natural small earth ‘berm’ of approximately 1 foot high had existed along the property line in this area. This berm has now been removed.

“All of these factors would indicate that stormwater in this area that previously had drained into the Ivey Farms property now will drain into the Saddle Ridge Subdivision,” he added. “I am requesting that the land grading in this area be revisited.”

Sayers said he did not hear back from Shipley regarding the issue as of Tuesday afternoon, Aug. 11. Simultaneously, he asked the Town to enact a cease-and-desist order regarding the building of the connector road.

Sayers’ said area rainfall Friday, July 31, which saw ample runoff onto Pecos Road, carried not only stormwater but also topsoil.

Following that, Sayers said he e-mailed Shipley Monday, Aug. 3, about the issue — and included photos and videos of the runoff, while also e-mailing three officials with Goodall Homes — which is constructing the Ivey Farm development — and additionally e-mailed Town and elected state officials about the problems.

Within an hour, Sayers made available an e-mail from Joe Wallace, development manager for Goodall Homes, in which he thanked Sayers for keeping his company updated, and said crews would “have erosion control measures updated” and have the “streets cleaned and measures in place by the end of the week.”

By Wednesday, Aug. 5, Goodall Homes had installed erosion control fencing and had cleaned up the runoff.

In an e-mail to Wallace later that day, Sayers praised their efforts, but asked the company to “revisit the grading in this area and areas that feed stormwater into it and make revisions to correct both current and future stormwater runoff. ... I am hopeful that this issue can be resolved without legal action needing to be taken.”

John Brock, identified as an attorney for Goodall Homes, quickly responded with, “given your threat of potential legal action, Goodall policy requires all communication to go through attorneys. Please have your attorney contact me directly, or if you have chosen to not be represented by legal counsel, please advise.”

Sayers responded to Brock Thursday, Aug. 6, that his mention of pursuing legal counsel “is not a threat” but was “simply a statement of how I may choose to continue to pursue this matter if it cannot be solved working with the Town of Farragut and Goodall.”

Another set of erosion control measures was installed by Goodall Homes, under the oversight of the Town of Farragut, following the second flooding incident, Sayers said.

“We trust the Town of Farragut to look out for us,” he said. “They have professional engineers who could have addressed this problem in the beginning, especially when it was brought to their attention.”

Smith responds

Darryl Smith, Town engineer, responded Monday, Aug. 8, with the following statement: “... While nothing was flooded, the runoff nevertheless included silt. We’ve issued a Notice of Violation (of our stormwater ordinance), and the developers’ contractor has addressed the poor erosion control measures at the Pecos Road location.

“The Saddle Ridge residents should understand that once the construction is completed and the disturbed area fully stabilized, the runoff from storm events will be greatly reduced,” Smith further stated.

“Additionally, the runoff in Ivey Farms will be collected in the new stormwater drainage system and piped southward to the Ivey Farms detention basin. ... Once the Pecos connection is completed, the runoff will be picked up and piped to the south before it can reach the older portion of Pecos Road.