December 19, 2024
By: Dwayne Page
A DeKalb County commissioner was among those who spoke out against the state issuing a water discharge permit for the proposed Jones Brothers Contractors, LLC quarry near Liberty during Tuesday night’s public hearing held at the county complex by the Tennessee Department of Environment and Conservation’s Division of Mineral and Geologic Resources.
First district commissioner Tom Chandler pointed to the county commission’s recent passage of the county powers act along with a set of local regulations and how that could apply to Jones Brothers. Chandler urged the state to refrain from issuing any kind of permit until Jones Brothers first meets the county’s permit filing requirements under the county powers act.
“I represent District 1 where this quarry would be located,” said Commissioner Chandler. “The county commission has passed the county powers act in this county and we have also passed a resolution that requires anyone wanting to operate a quarry in this county to come forward to the county and ask for a permit to do so and there is a process for that and a committee for reviewing it and I would ask that you not issue any kind of permit to Jones Brothers until they have responded to that requirement,” said Chandler. “They have been sent a letter by the attorney for the county informing them of the fact that the county powers act has been passed and that they must come and ask for a permit. As far as I know, unless it has occurred within the last 24 hours, they have not responded to that letter. Again, I would ask that you not issue any kind of permit until they have responded to the county,” said Commissioner Chandler.
During the hearing, the state took no questions and gave members of the public up to five minutes each to speak. Prior to the hearing, the state had information tables set up around the auditorium where staff showed plans and took questions from the public about the project.
Robert Becker, Regional Director of External Affairs with the Mining Section of TDEC’s Division of Mineral and Geologic Resources, served as moderator and stressed that the hearing was only to receive comments related to water quality or to information contained in the permit application and that concerns such as air quality, zoning, blasting, noise, dust, and traffic not related to water quality and not regulated by the Division of Mineral & Geologic Resources or the NPDES Program could not be considered in the NPDES decision making process.
According to Becker, “The public hearing was to receive comments on the proposed issuance of a National Pollutant Discharge Elimination System permit to Jones Brothers Contractor LLC for the discharge of water from a new limestone mining and processing facility in DeKalb County. The permit applicant is Jones Brothers Contractors, LLC. The facility name is the Alexandria Quarry and the NPDES draft permit number is TN 0070732. The county is DeKalb County,” he said.
During the public comment period, Chris Tramel, an adjoining property owner to Jones Brothers spoke saying he has water quality concerns with the proposed quarry location.
“My great grandfather bought that farm. That was our farm at one time. My grandfather and my mother worked that farm,” said Tramel. “I have spring water that comes off that property. That’s where I get my water from. I noticed on your map that this creek known as Willoughby Creek, you have it going all the way back to where a pond used to be in the back. Most of that is a wash or a wet weather spring,” explained Tramel. “The actual spring comes out of the ground near where the processing area is marked on the map. Is that going to kill the stream because that stream is coming out of that hill right there,” asked Tramel. “There is also another stream on the south end of that property that you indicated was a wet weather spring but its a full-blown stream with a watering trough there and the foundation of an old spring house. That stream empties out into Smith Fork Creek at Liberty. You have it marked as wet weather. Also, on the map you have indicated a place for a catch basin. My great grandfather and grandfather always told me there was an unmarked slave cemetery there. I don’t know personally but my grandfather would never turn dirt in that area. He always used it to cut hay on. I would take that into consideration. Most of the homes that surround it (proposed quarry location) either have well water or spring water. Is that going to affect us? If that is going to kill our stream it means we won’t have water anymore. These are things I would like you to consider. Also, the county has passed the county powers act which forbids quarries from within 5,000 feet of a home. This (location) doesn’t meet that,” said Tramel.
Carey Watson, another adjoining property owner, spoke during the hearing.
“I am going under the assumption that this permit will probably be approved anyway unless you find something new,” said Watson. “The other problem I have is that Jones is going to self-monitor. Reports are doctored all the time with all these companies. I know that from my business experience over the years. I have seen that happen. That’s the fox guarding the hen house. How is that supposed to work? That doesn’t make any sense,” said Watson.
Another resident, Krysta Eickmann expressed concerns about area springs and well water possibly being at risk. “These people live very close to where this quarry is proposed to be and once that blasting damage is done it cannot be undone,” she said.
Landowner Tiffany Mathis added “This land isn’t an industrial park or an urban area nor do the landowners want to live in an industrial park or a metropolis area. If we did we would live elsewhere,” she said.
“Not only would a rock quarry in the middle of farmland destruct daily lives of surrounding landowners, it would also destruct the clean eco system in which the people, plants, and animals depend on. These people speaking against this rock quarry want to protect their freedom, to live in a rural area, preserve their farmland, and to keep it rural. The agency you work with (TDEC) has a responsibility to preserve it. We don’t want it (quarry) here because we know Jones Brothers won’t do what they say they are supposed to do. There is already an important case that has been filed against them for a rock quarry (elsewhere) because they haven’t been adhering to the business practices they are supposed to. We don’t trust them. The survey they provided is only part of the picture. On the back side of the site near our property are creeks, ponds, springs, and sinkholes and all of that water comes down from the top of the hill. You talk about permitting and testing but none of that has been taken into consideration. I don’t know if you have the full picture. An environmental impact study needs to be done. We thought it would be part of the survey but that has not been done,” said Mathis.
During the hearing, Becker provided further details about the proposed Jones quarry project
“The proposed new NPDES permit area consists of 110 acres and mine wastewater and storm water will be treated in settling ponds prior to discharge and outfalls 001 and 002 to Helton Creek,” explained Becker.
“The plan will also include a designated storm water monitoring point for discharges composed entirely of storm water sediment control structures and all appropriate best management practices meeting or exceeding the division’s designed criteria. Helton Creek is classified by the department as fully supporting its classified uses which are fish and aquatic life, irrigation, livestock watering, and wildlife and recreation. The application asserts the proposed activity will only cause Demin iMIS degradation of parameters available. The NDPES permit is proposed to be issued for a five-year term and the permitting must maintain NPDES permit coverage until all termination requirements of the NPDES permit are satisfied. All questions and comments will be responded to in writing. The division only has regulatory authority over water quality related issues to the terms, conditions, and requirements of the draft permit,” said Becker.
A final decision by the state on approval of the permit application by Jones Brother is not expected until January or February.
Written comments related to the NPDES permit are still being accepted by the TDEC until December 27, 2024. Comments should be emailed to DMGR.PublicNotice@tn.gov or by mail to the TDEC Mining Section at 3711 Middlebrook Pike, Knoxville, TN 37921.