As we watch posts on social media, we're trying to collect all the good discourse as FAQ's here. We don't have all the answers, but it may help folks see what we think is the bigger picture.
Someone posted on the Monteagle Community Facebook site that it was misleading to quote residential lots within a subdivision or development that are empty. So this is an attempt to put a finer point on it.
If we look at the wording of the Grundy County Powers Act relative to quarries (find it in 'Resources'), it states:
"No quarry, rock crusher or gravel pit may be located within five thousand (5,000) feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial,professional or industrial establishment. Measurements shall be taken from the nearest recorded property line of the quarry business to the nearest property line or boundary of the foregoing."
This is pretty clear, so we attempted a 5,000 foot boundary around the quarry property and counted and cataloged the parcels. This is what we found:
There are roughly 354 parcels within 1 mile of the quarry tract.
300 of the parcels are zoned residential, with the remainder either agriculture, forest, or farm.
146 properties have at least 1 residence, some have multiple homes or apartments/condos.
It is noted that while the Timberwood Trace development has over 80 lots, many are vacant. The Retreat at Sunset Bluffs has 38 lots but no homes. But keep in mind these developments are set up to GROW. Timberwood has paved roads, underground utilities, and is zoned residential. Sunset Bluffs is in a big hurry to populate ALL 38 lots as soon as possible. An additional 28 homes will be coming into the the expansion of the Retreat at Deer Lick Falls as well.
These developments are areas that will GROW and the county will BENEFIT for the tax revenue and retail!
The Powers Act does NOT prevent a quarry. It merely regulates it to protect the citizens. And while just ONE residence being within the 5,000 foot boundary is enough to halt a quarry, we have 146 residences existing TODAY, with dozens and dozens more on the way!
We've seen this attitude being posted on social sites and it's a valid point. No one wants the government to tell them what they can or cannot do, especially here in Grundy County! Maybe you have a family farm and are thinking someday you'll sell it for a big payoff. Or maybe you just want to make the land work for you in any way possible. But consider a few things:
What if your neighbor decides to create a nuclear waste site? Would that be a problem for you? This sounds extreme of course, but without some sort of government oversight, it certainly could happen. Your property values would crash and you may not even be able to sell it. If you lived there, you'd have to deal with whatever issues there are, contaminated air & water, radioactivity, whatever. So it's apparent that in our area, where there are a lot of residences and family farms, that we need some way to protect ourselves.
In general, we'd like to 'live and let live.' And we expect those around us to do the same, to the extent that they don't ruin our lives and we don't ruin theirs. In the county, this can be difficult. Without zoning laws, it can be a crap shoot on finding 'your space.' Even with lots of acres, downwind of a big chicken operation is just not a good thing for most people.
In 2019, the Grundy County government enacted a 'County Powers Act' that they believed addressed the major detrimental issues to the citizens and even addressed a focus on tourism for future sustainability and growth. Not many counties have done this and it really speaks that the government wants its citizens to be happy, healthy, and prosperous.
One aspect of the County Powers Act was to regulate sand and gravel extraction. There are some real negative impacts, and some are hidden, like ultra-fine silica dust which sticks in the lungs. So while the county understands the need for rock and gravel, they have chosen to make sure the citizens are minimally impacted by requiring a 5,000 foot distance to any residence.
Tinsley Asphalt, LLC. purchased 477 acres right in the middle of almost 200 homes. Homes in Timberwood are near 'ground zero' and within just a couple of hundred feet of the planned blast zone! (See the Maps section). Tinsley has also ignored the carefully-crafted County Powers Act and is still stripping the land and constructing retention ponds. Tinsley has also purchased 427 acres on the doorstep of Pelham. Tinsley does not live in Grundy County, and apparently does not care for anyone that does live here. Should he be allowed to do whatever he wants with the land as an absentee owner?
We do! But there are a few points to be made in this particular case:
This project will start small, but will most certainly grow once operational. There are bigger plans here. It will become an industrial wasteland.
It's incredibly incongruous to attempt to put a brand new industrial area right in the middle of several hundred homes and small family farms. The initial tract of 477 acreas, and the new land purchase tracts are by far the largest in the area. They're literally surrounded by families.
This is a test of the resolve of the Grundy County government and its citizens. Tinsley has millions, but there are much bigger international entities out there that would love to come and take our mountains and cut our timber. With the lack of zoning and restrictions, it's quite difficult to stop.
As mentioned before, trying to improve Grundy County by allowing outside interests take our resources is not a winning strategy. Grundy County has been the poorest county in the state for many years. Just now it has moved up slightly and we are convinced that this is due to people wanting to come here, play, and stay. In fact, the Grundy County mayor has teamed with Governor Lee to promote tourism! Why would we want to tear our future down with industrialization and extraction?
In the NPDES Permit Application for Tinsley Sand and Gravel, LLC, it states, "...The property upon which this facility will be located consists of approximately 467 acres. The quarry and related facilities will only occupy a portion of the property. Only a portion of the site will be permitted. The permitted acreage of the site will be 138 acres...." and "...The production of approximately 300,000 tons of crushed sandstone per year is anticipated from the operation. Production will average approximately 1,400 tons per day during the primary operating seasons. Peak production during these seasons will be approximately 1,800 tons per day. The 300,000 tons of sandstone per year will equate to approximately 3 acres per year at an average depth of 30 feet. Therefore, over the life of the 5-year permit, it is anticipated that no more than approximately 15 acres will be mined..." -- Refer to the Resources section for the documents and a link to the TDEC website.
So a couple of things to keep in mind. First, the only permits being approved are for water management, there is nothing to cover silica dust in the air, noise, diesel fuel, or blasting. Second, the permit is only for a portion of the property, it's a foot in the door. It will be much easier to expand operation later on.
From discussions with the Grundy County government, Tinsley did not file for proper permitting.
While the permit addresses how the effluent will be handled, it also makes these statement (Resources):
"All areas around the proposed quarry site have access to public drinking water supplies. The Division of Water Supply's map of known wells has been evaluated for this area. There are no wells on the map within an approximate 1-mile radius of the site."
"The process will include three crushers, various wet screens, and a washing facility. The plant will utilize approximately 2,600 gpm of water for the screening and washing operations."
So we are supposed to be encouraged by the fact that none of us are on well water in the area. And while it is proposed that the wash water will be recycled, it's a lot of water at 2,600 gpm. It will have to be replenished from time to time, and if the operation expands, more will be required. Grundy County is not awash with fresh water and this needs to be considered. Particularly with all the housing development going on.
In Today's social society, posting a tiny newspaper ad in a limited distribution paper is COMPLETELY INADEQUATE AND TAKING ADVANTAGE OF THE SYSTEM. Tinsley knew what he was doing. If he had one iota of a conscious, he'd have put it on the Monteagle Community site. Since nobody saw the ad, and with a 30-day commenting period, it was absurdly easy to show the State that due diligence had been done.
We need a way to monitor these large commercial transactions and get ahead of the game. These things happen in the public record, but are carefully hidden. Somehow we need to have our government help us see what might be coming. There's just too much money involved and too much at stake to keep letting these companies tell us how we are going to live.
The County Powers Act is possibly the strongest tool the County has at protecting the Grundy County citizens. It was implemented by the State for this very reason. It's so hard to zone in the counties, and the zoning can be changed easily. It appears that a county that establishes a Powers Act, and sticks to it, can protect its citizens.
That's a good question, and one we need your help in answering. From what we learned on the night of the commissioners meeting (Jan 24, 2022), Grundy County has a strong County Powers Act that specifically calls out quarries, stone, gravel, sand, and topsoil. It carries the weight of law. From what we know:
The mayor not only presented the Act to Tinsley, he also had the county sherriff do so, but it has been ignored.
During the first week of February, the Grundy County attorney presented Tinsley Asphalt with a 'cease and desist' order.
Tinsley is still currently preparing the site.
Mayor Brady seems to believe that tourism and recreation are the future of Grundy County. And he came out after the meeting as completely against the Tinsley operation. He has asked for faith in the County Powers Act. We certainly want to stand with the Grundy County government!