by Leslie Lytle, Messenger Staff Writer

A few weeks ago, Grundy County residents became aware of clearcutting for a sand and gravel quarry bordering three residential communities. Quick to act, Grundy County Mayor Michael Brady visited the construction site, phoned the developer Tinsley Sand and Gravel, and provided them with a copy of the County Powers Act resolution passed in 2019. The Powers Act, Brady explained, curtails nuisance activities “by regulating them to no end.”

Deerlick Falls resident Jeff Stewart assembled a website summarizing the history of the project and grievances of neighboring residents. “These industries literally pulverize our land and haul it away, leaving it bare and damaged. Anyone living nearby is subjected to a daily industrial onslaught. There is blasting that damages homes, produces constant noise and fine silica that scars the lungs. Heavy trucks destroy the roads and affect the safety of everyone,” Stewart argued. The construction site, located off Clouse Hill Road, borders Deerlick Falls Retreat, Highland Bluff and Timberwood Trace residential communities. “There’s a couple hundred homes,” Stewart said. “He [developer Eddie Tinsley] plops this right in the middle.

State property assessment records show Tinsley LLC purchased the 477-acre tract in September 2020. A July 13, 2021 Tennessee Department of Environment and Conservation permit, for a 138 acre portion of the tract, allows Tinsley “to discharge treated mine wastewater and storm water” into Hurricane Creek and an adjoining tributary. Beyond immediate concerns, Stewart worries the project will expand “now that they have their foot in the door.” Until the clearcutting began, neighboring residents knew nothing about the project. A sign posted at the end of a dead-end road and small notice in the May 27, 2021, Grundy County Herald announced Tinsley’s application for the TDEC permit. “It slipped by us,” Stewart acknowledged. Residents and Grundy County officials received no other notification of any kind.

“Why make a business decision without doing your due diligence?” Brady asked. “Why didn’t they go to the county and ask if we had any regulations?”

Thanks to Mayor Brady, Tinsley now knows Grundy County does have regulations governing sand and gravel quarries. Brady informed Tinsley the company needed a license to operate a sand plant. “I told them if they did not obtain a license, I would proceed with all the resources available to uphold the resolution.” In addition to restricting sand and gravel extraction and topsoil removal, the license prohibits operating a sand and gravel quarry within 5,000 feet of a residence.

Timberwood residents can see the clearcutting from their homes, Stewart said. Tinsley has not obtained a license, and Brady instructed the county attorney “to pursue enforcing the regulations.”

At present, the outcome hangs in the balance. Brady has a strong track record of success invoking the County Powers Act to discourage adult entertainment businesses, encampments, and pain management facilities from locating in Grundy County, deterred by the unhospitable regulations.

Concerned residents have sought help from and met with representatives from Save Our Cumberland Mountains. Tinsley Sand and Asphalt did not return the Messenger’s phone calls regarding their intentions.

According to Stewart, at the Jan. 24 meeting, the Grundy County Commission voted to strengthen regulations on “excessive soil removal.” Some residents want zoning to limit nuisance activities, Stewart said.

Brady favors the County Powers Act strategy. “Let us take the appropriate steps,” Brady said, “and give us a little faith.”