Stormwater commission defers decision on Hobbs Creek buffer encroachment after homeowners propose mitigation

The Metro Nashville Stormwater Management Commission on April 21 deferred a decision on a requested variance after staff said unauthorized disturbances were found inside the zone‑1 stream buffer at Hobbs Creek, at 2202 B and 2204 Hobbs Road.

Metro stormwater inspector Robert Topolski reported that a routine inspection on June 9, 2023, found three disturbed areas in the buffer: mature trees removed, recent mowing, and newly installed impervious surfaces inside the mapped no‑disturb zone. Topolski told the commission he issued a notice of noncompliance that required removal of impervious features in zone‑1, stabilization of exposed soils, installation of buffer signage and replacement plantings for removed mature trees, or submission of a buffer restoration plan.

Homeowner Ray Lucas, representing the applicants, told the commission the families who live in the fenced limited common elements were unaware that the areas they maintain were designated buffers and said they met with the developer prior to making improvements. Lucas said the HOA and homeowners obtained a new hydrologic determination that scored the drainage as a wet‑weather conveyance (an 18), while TDEC later classified it as a stream (about 20.5), and he called the situation a “lack of clarity, non intentional noncompliance.” Lucas said the applicants have submitted a mitigation plan that would plant roughly 250 native shrubs, grasses and trees in the common area and additional plantings inside one homeowner’s fenced yard.

Neighbors who spoke were split. Resident Caroline Unger said she has seen no neighborhood impacts and spoke in support of the homeowners. Village Hall HOA president Jane Mills said her association is neutral but expressed concern that erosion from Hobbs Creek has damaged a slope on HOA property and asked whether the homeowners’ mitigation would repair existing damage.

Metro staff, including Josh Hayes, told the commission the department cannot approve leaving impervious structures inside zone‑1 without a variance and noted that if a variance is granted staff would work with the applicants to approve planting plans. Commissioners focused discussion on three technical gaps: (1) conflicting hydrologic determinations (2016 score ~21; a homeowners’ HD scored 18; TDEC later did not concur with the 18 and classified the conveyance as a stream); (2) the exact square footage of impervious encroachment and whether the original low‑impact development (LID) design has capacity to offset the added impervious area; and (3) whether the proposed planting list and layout adequately replace lost canopy and root structure.

Commissioners voted to defer the case to allow the applicants to return with more documentation: a clarified hydrologic determination record (including TDEC findings), a quantification of added impervious area or demonstration that the original LID design offsets it, and a more detailed mitigation/planting plan prepared in coordination with Metro staff and, if needed, a registered engineer or landscape architect. The commission noted the next regular meeting date and encouraged the applicants to coordinate with staff on the submission schedule.

The commission’s action was a deferral (no final variance decision). The chair set the next possible hearing date as June 5; the applicants said they were unsure whether they could supply the requested materials by that date.

Why it matters: zone‑1 buffers are protective riparian features intended to preserve stream function and water quality. The commission’s request for additional hydrologic, design and planting detail reflects an effort to balance enforcement of buffer protections with applicants’ mitigation proposals and state determinations that affect whether a watercourse is regulated as a stream.