By allowing ads to appear on this site, you support the local businesses who, in turn, support great journalism.
Controversial quarry water permit approved
quarry map

As expected, a proposed rock quarry in the Liberty/Alexandria area has received approval from the Tennessee Department of Environment and Conservation’s Mining Section to discharge treated wastewater and storm water into Helton Creek in DeKalb County.

The proposed Jones Alexandria Quarry at Old Highway 53 at Liberty, has yet to become operational with no work or construction performed at its proposed site. So far, Jones Brothers has yet to respond to a letter by the county attorney concerning the recently adopted County Powers Act, which forbids a rock quarry within 5,000 feet of a residence or business. Under the County Powers Act quarries must apply to the county for a permit, and those not in operation by October 28, 2024 must give reasons why they should be grandfathered in.

In a letter released last week, 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.”

While the water permit was approved, the letter also states that “the NPDES permit issued by the Division does not supersede any local or county rules or regulations, nor can the Division enforce any local ordinances. Likewise, the Division cannot hold up issuance of an NPDES permit to wait on a determination from a local jurisdiction. The Division encourages the commenters to contact their county government about these concerns.”

The Division held a public hearing on December 17, where at least 54 people attended. Written comments were also received during the Public Comment period.

Among issues raised were that of dust and respiratory and pulmonary concerns.  The Division responded by saying, “The Division’s only authority under NPDES permitting is the quality of water discharge from point sources into Waters of the State. The NPDES program does not include authority for pollutants which are conveyed by air.

Another concern raised was whether the proposed mining activity will cause pollution of ground water and damage nearby wells, springs, and aquifers. The Division’s Mining Section responded that it, “is not aware of any contamination or damage to water wells due to limestone mining facilities within the state.”

As for blasting regulations, the Division responded by saying, “The Division of Mineral & Geologic Resources does not regulate blasting activity. Blasting is regulated by the Tennessee Department of Commerce and Insurance, Division of Fire Prevention – State Fire Marshal’s Office.

Another commentator mentioned the possible location of a historic cemetery within the permitted boundary, with TDEC responding, “NPDES permit is a water discharge authorization and does not authorize impacts to cemeteries. If a developer or citizen encounters or accidentally exposes human remains or gravesites, regardless of age or cultural affiliation of those remains, they are required by law to stop all work in the immediate area, and notify the medical examiner or coroner, and local law enforcement.”

Another issue stated that there are multiple quarries in the community already. Tennessee State Government should regulate the location and number of quarries in any given area. The response was, “An NPDES permit is a discharge permit only. It is not a land use permit. The Division cannot regulate the location of quarries or the proximity to another quarry.”

According to the letter, the permit may be appealed to the Board of Water Quality, Oil and Gas pursuant to TCA law.