Smithville Quarry on North Driver Road at Dowelltown, owned by SRM Materials, LLC has cleared a hurdle for its proposed operation of a 30-acre limestone quarry and processing facility.
The Tennessee Department of Environment and Conservation’s Mining Section announced Wednesday, June 25 that it has approved an SRM application for a National Pollutant Discharge Elimination System (NPDES) permit for the treatment of mine wastewater and storm water. This NPDES permit authorizes discharges to Drivers Branch. According to TDEC, an NPDES permit is a discharge permit only. It is not a land use permit. The Division of Mineral and Geologic Resources cannot regulate the location of quarries or proximity to another quarry or property.
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 SRM had not applied for the NPDES permit until December 4, 2024, thirty-seven days after the county commission adopted and implemented the county powers act. Under the act, quarries must meet a 5,000-foot distance requirement from residences and must apply to the county for a permit. Those not in operation by October 28, 2024, must give reasons why they should be grandfathered.
Oral arguments in the case of Tinsley Properties, LLC and others versus Grundy County over provisions of a county powers act there were heard at the Tennessee Supreme Court last month. No ruling is expected right away but the court’s decision could be significant not only for Grundy County but DeKalb County and perhaps statewide with similar county powers act issues.