Why Three Fights? “I love this place.”
by Leslie Lytle, Messenger Staff Writer
“I love this place” were the final words spoken at the Aug. 21 community meeting of the Plateau and Valley Chapter of SOCM. Martin Springs born, 92-year-old lifelong area resident Carl White echoed the sentiments of probably everyone attending. The community is fighting three legal battles to protect not only the natural resources and pristine beauty of the area, but the very air the residents breathe and the water they drink. Legal battles, one currently before the Tennessee Supreme Court, rage on, challenging a sand and gravel quarry on Clouse Hill Road, a proposed 150-bay truck stop in Monteagle, and a proposed sand and gravel quarry in the Jumpoff neighborhood. Updates on the three legal battles resounded with the refrain, “Don’t quit.”
East Tennessee SOCM organizer Adam Hughes pointed to the successful battle to ban strip mining in Fall Creek Falls State Park 25 years ago. SOCM, then called Save Our Cumberland Mountains, has since changed its name to Statewide Organizing for Community eMpowerment. “We’re here to protect the mountain from people withdrawing resources, not speaking out against development,” stressed Talon Sulfridge, chair of the Plateau and Valley Chapter.
The Clouse Hill quarry was what first drew SOCM’s attention to the Grundy County area. Primary among the concerns of the residents neighboring the Clouse Hill quarry were the health hazards caused by silica dust. When Tinsley Sand and Gravel began blasting in early 2022, Grundy County Mayor Michael Brady visited the site and presented the operators with a copy of the County Powers Act Resolution passed in 2019. The act required a license for sand mining in Grundy County and prohibits quarries within 5,000 feet of homes. Three subdivisions border the quarry site. “Tinsley challenged the Power Act in Chancery Court,” said Plateau resident Shari Lydy. “When Tinsley lost, they appealed and again the judge ruled in favor of Grundy County. Tinsley appealed to the Tennessee State Supreme Court in early July.” A decision is pending.
Jumpoff residents opposing Tinsley’s intention to locate a quarry there looked to the example of Grundy County and urged Marion County to pass a Powers Act Resolution. “The farmers opposed us,” Lydy said, “even though state law does not allow Powers Act resolutions to regulate farmers.” Unsuccessful with the Marion County Commission, residents turned to SOCM for help. Key in the legal battle is Jumpoff Creek’s state designation as Exceptional Tennessee Waters because of the creek’s high level of exceptional biological diversity. “On July 3, TDEC issued an NPDES (National Pollutant Elimination Discharge System) permit that would allow Tinsley Sand and Gravel to discharge stormwater and wastewater into Jumpoff Creek and the groundwater,” said Jumpoff resident Kathrine Zammit. “Our attorney issued an appeal on July 31. The appeal is to reverse the permit. The main thrust of the appeal is that TDEC improperly granted the permit because it improperly concluded that the damage to Jumpoff Creek and the exceptional waters downstream would be de minimis, meaning insignificant, especially in light of the kind of weather we’ve been having with these torrential storms. Also, we’re concerned about the flow of discharge into groundwater that will affect wells so many people rely on.” A hearing is pending.
United to Protect the Plateau, formed in opposition to a proposed Monteagle truck stop, has also reached out to SOCM for help. They are fighting to protect Monteagle’s drinking water supply, Laurel Lake. “Ninety percent of the water from that truck stop will go into Hidden Creek and Laurel Lake,” said Monteagle resident Will Foering citing hydrological reports. “Our last contact with TDEC was, ‘Stop contacting us about that business.’” Lacking any other recourse, the group sued the city of Monteagle and the developer. Although unsuccessful so far, the nuisance suit is still pending, and the group achieved a local victory when Monteagle passed a storm water ordinance. “Remember what you got into it for. One of the greatest victories has been the friends we made and the community we built,” said Monteagle resident Mary Beth Best. “It’s been an uphill battle,” acknowledged resident Billy Best. His advice to those battling the Jumpoff quarry: “Don’t quit.”
Anonymous donors have offered a match of up to $12,000 for contributions to the Jumpoff Quarry Legal Defense Fund. Donate online at <https://bit.ly/44z53it; or by mailing a check to SOCM Resource Project PO Box 12667, Knoxville, TN 37912, designating the donation for the SJOQ Legal Fund. All donations fall under the umbrella of SOCM’s 501(c)(3) status and are tax deductible.
“If Marion County had a Powers Act, we might not be having this fight,” said Jumpoff resident Cliff Huffman. “We need to get more involved in the local government, and we need to fund this fight.” To those who “love it here,” yet are reluctant to donate, Huffman pointed out, “Where are you going to go to find the treasure we have here? If you moved to another place like this, your property taxes would be seven times as much.”