Permit approved!
Jones Alexandria Quarry at Old Highway 53 at Liberty, owned by Jones Brothers Contractors, LLC has cleared a hurdle in its plans to open a new 110. 8-acre limestone quarry and processing facility.
The Tennessee Department of Environment and Conservation’s Mining Section announced Friday, January 31 that it has approved an application by Jones Brothers Contractors for a NPDES permit to discharge treated mine wastewater and storm water into Helton Creek from the proposed quarry which has yet to open.
In making the announcement of the decision, Bryan W. Epperson, Director of the Division of Mineral and Geologic Resources, said “Based on its review of all relevant data, the Division has determined that the National Pollutant Discharge Elimination System (NPDES) permit complies with all applicable statutory and regulatory requirements, is protective of water quality, and can be issued”.
The permit may be appealed to the Board of Water Quality, Oil and Gas pursuant to state law.
It remains to be seen if enforcement of the County Powers Act could still halt the project since the quarry is not yet in operation and apparently does not meet the 5,000-foot distance requirement from residences as called for the in the act. Under the County Powers Act quarries must apply to the court for a permit and those not in operation by October 28, 2024 must give reasons why they should be grandfathered.
The Division issued a draft NPDES permit for Jones Alexandria Quarry on August 22, 2024 and issued a public notice document concerning the draft permit action on August 28, 2024. Due to the amount of public interest in the project, the Division issued a notice of public hearing on November 13, 2024 which requested comments from other regulatory agencies and members of the public.
A hybrid Public Hearing was held at the DeKalb County Complex and via Microsoft Teams video-teleconference on December 17, 2024. Approximately 54 people attended the meeting, and 30 written comments were received during the Public Comment period.
TDEC responded to many of the public comments except for those not directly related to the proposed project. For example, questions were raised about whether the proposed quarry activity would cause pollution of surface water into Helton Creek and impact fish, wildlife, and livestock. In its response, TDEC said the Division has determined that this permit is protective of the designated uses of Helton Creek.
Another concern raised was whether the proposed mining activity would cause pollution of ground water and damage nearby wells, springs, and aquifers. TDEC’s response was that the Division’s Mining Section is not aware of any contamination or damage to water wells due to limestone mining facilities within the state.
A commentator during the public hearing mentioned the location of a possible historic cemetery within the permitted boundary. TDEC’s response was that the NPDES permit is a water discharge authorization and does not authorize impacts to cemeteries.
Others asked what impact the County Powers Act could have on the project. TDEC responded that “The NPDES permit issued by the Division does not have jurisdiction or authority over these issues and does not supersede any local or county rules or regulations, nor can it enforce any local ordinances. Likewise, the Division cannot hold up issuance of an NPDES permit to wait on a determination from local jurisdiction.