Zoning board denies quarry request

Zoning board denies quarry request

 Click here for article published Sunday July 17, 2011 in Gallatin News Examiner

After hearing comments for more than an hour and a half from both sides of a proposed rock quarry in Castalian Springs, the Sumner County Board of Zoning and Appeals took less than 20 minutes to deny the request of Hoover, Inc. to build a rock quarry, a rock crushing plant, an asphalt plant and a concrete plant on more than 350 acres of land currently zoned for residential and agriculture use.

Board member and local developer Bruce Rainey said during the July 14 meeting that while a mining quarry may be considered in some instances an agricultural business, the other businesses presented in Hoover's site plans were industrial uses.

According to Sumner County Executive Anthony Holt, Hoover is expected to take the matter through Sumner County Chancery Court to request a ruling.

"That was overheard and if that's the case, the county is going to vigorously fight this,"
Holt said after the meeting. "The Board of Zoning and Appeals made the right decision."

The board's decision was unanimous.

Reporter Sherry Mitchell can be reached at 575-7117 or shmitchell@mtcngroup.com.

Channel 2: Zoning Board Votes Against Proposed Rock Quarry

Zoning board votes against proposed rock quarry

Posted: Jul 14, 2011 9:31 PM CDT

By Tiani Jones, Reporter

Click here for video

GALLATIN, Tenn. – The Sumner County zoning board voted against a proposed rock quarry in Castalian Springs.

The board voted unanimously just before 9 p.m. on the quarry which many residents opposed.

Hundreds of residents attended the meeting on Thursday night which was held at the Sumner County Administration Building in Gallatin.

The proposed quarry was set to be located on 300 acres of land which is located near several historic attractions including the Wynnewood Mansion, Cragfont Estates and the Ancient Native American Burial Grounds.

The public and lawyers from each side were given the opportunity to speak and voice their opinions and concerns about the proposed projects.

"There were a lot of things said that were unfounded fears and basically inaccurate but that's the way the system works." Attorney for Hoover said, adding, "As far as the board of zoning goes this concludes the matter at this level."

The company believes that according to the zoning specifics that are written in the laws in Sumner County that a quarry can be allowed in the particular area.

The company spent millions of dollars on the land and some are speculating the issue is not completely over

WZTV FOX 17 :: Newsroom - Top Stories - Castalian Springs Rock Quarry Voted Down -- Sky Arnold

WZTV FOX 17 :: Newsroom - Top Stories - Castalian Springs Rock Quarry Voted Down -- Sky Arnold

DENIED!

Zoning Board Denies Rock Quarry In Castalian Springs

News Channel 5

By Chris Cannon

July 14, 2011

Click here for video

SUMNER COUNTY, Tenn. - A group of concerned homeowners in Castalian Springs won a big a victory on Thursday night. After a nearly three hour meeting, the board of zoning appeals voted to deny a request to allow a company to build a rock quarry. 

It was standing room only as hundreds of people, wearing red, came out to make it clear they don't want the rock quarry in their backyards.

"We're all thrilled, but we understand that's probably just the first round. They'll probably appeal it but we had a good turnout, a good legal presentation, and our citizens out there came through," said opposition organizer Tom Neal.

Opponents said a rock quarry in this part of Sumner County would destroy an historic area and the quality of life in Castalian Springs.

Attorneys for the developer, Hoover Incorporated, contended the law states a quarry can go here and they now plan to take their fight to a judge.

"We are disappointed because we feel the board didn't follow the law. But from the outset, everybody pretty well realized that this matter that was going to find its way into the judicial system," said attorney Tom White.

Sumner County's executive Anthony Holt said he's ready for that court battle.

"That doesn't scare me. We'll be prepared and we'll defend the county's position, because I do feel that it was the right position to take," Anthony Holt said.

Tom White said he is not sure if he'll take his case to chancery court, or circuit court -- but he made it clear the next stop for this issue is a courtroom.

In addition to the rock quarry, the developer also want to locate an asphalt plant and cement plant on that property.

Proposed rock quarry leaves residents stone-faced

Full story here.

The Portland Leader

By Bonnie Fussell

July 13, 2011

Residents of Castalian Springs have organized to stop a rock quarry from coming to their historic area.

State and local historians are getting involved and providing support. Tom Henry Neal has become one of the leaders of the grass roots movement called Save Castalian Springs.

Recently, Rutherford County’s Hoover Inc. purchased over 350 acres of land in Castalian Springs to operate a rock quarry. Additional parcels of land were purchased to be leased for asphalt and concrete plants.

The Charles Haynes’ family sold the property to Hoover through a company Hoover recently formed which they named Western Farm Products. The Haynes family deny that they knew the property was being sold for a rock quarry.

Ironically, the Haynes familyare known throughout the state for their interest in conservation and historical preservation.

The area has several historical sites. It is home for Wynnewood, a stagecoach inn, Bledsoe’s Fort Historical Park, Castalian Springs Mound site, and the home of General William Bate, a former governor of Tennessee. The state has recently spent several million dollars for repairs to Wynnewood which was damaged by the 2008 tornado; and the state has recently purchased the General Bate’s home and Hawthorne farm.         ` 

The area has Indian mounds and burial grounds. It is also an area where students from Middle Tennessee State University conduct archeological digs.

Tennessee State Historian Walter Durham, who has written books about the area, has spoken out strongly against the rock quarry because of the historical significance of Castalian Springs.

Hoover held a meeting on July 7 at the Sumner County Administration Building to explain their position. Area residents turned out for the meeting and produced a standing room only crowd spilling out into the lobby. Citizens voiced their concerns at the meeting.

On July 14 at 6 p.m. the Sumner County Zoning Board of Appeals will address the zoning of the area for the rock quarry. The meeting will be at the administrative building. Each side will be given thirty minutes to make their case and there will be an opportunity for input from the community.

Portland’s David Amonette is an attorney working with the Save Castalian Springs group.

“Historic Castalian Springs is in the fight for our very existence with the greedy Hoover Quarry Company,” said Neal in an appeal for support,. This is an important fight for “all” residents of Sumner County. “If you are in an RIA Zone you are at risk just as much as Castalian Springs. Our hearing is before the County Zoning Board of Appeals at 6 p.m. July 14 in the County Administration Building. Please be there; it’s your fight also.”

A bank account has been opened at GreenBank in Gallatin for people who wish to make donations to help with the fight. Checks should be made out to Save Castalian Springs and mailed to the bank at 710 Nashville Pike, Gallatin, TN 37066.

There is a blog with more information at:  http:savecastaliansprings.blogspot.com

"We will fight ... night and day..."

Find the story online here.

By Marjorie Lloyd

The Gallatin News
Thursday, July 7, 2011 

"We’re proud of this community; we’re proud of this land. And I want you to take this message back to Mr. Hoover: We will take this fight. We will fight, we will fight ... we will go night and day. We will not give up.  You have stepped onto a hornet’s nest here."

        –Tom Neal     

Tom Neal ended the open meeting at The Bethel Brown Chamber of the County Administration Building last Thursday night with his spur-of-the-moment remarks (above) in response to all that he had heard during the question-and-answer session hosted by representatives from Hoover, Inc.

The company plans to mine a quarry on more than 350 acres of land in the Castalian Springs area, dependent upon approval of a “conditional use permit” by the county’s Board of Zoning Appeals.  That hearing is scheduled for July 14, at 6 p.m., again at the Brown Chamber of the CAB.

There was standing-room only, with people lining the walls and another line extending into the lobby, even a few sitting on the floor. The occasion was the open meeting hosted by Tom White, the attorney for Hoover Inc., “the company behind the company” created in April, Western Farm Products, LLC in order to purchase four parcels of land off Old Highway 25 in Castalian Springs. (See “Quarry buys land in Castalian Springs” in the June 15 edition of The Gallatin Newspaper.)

White stated at the beginning of the meeting that this was a “voluntary” meeting that Hoover, Inc. was hosting and that even though they “disagreed on many things,” at least the company was attempting to keep the residents informed about exactly what they were proposing for the site.

Are Pieces Of Tennessee History On Shaky Ground?

Full story here.

News Channel 5

By Adam Ghassemi

July 6, 2011

CASTALIAN SPRINGS, Tenn. – At the Wynnewood there is no questioning history. Site Director Rick Hendrix watches as crews fix the last hurdle, tornado damage from 2008.

"Now we're faced with something that there's no recuperating from," Hendrix said.

What he calls a "nightmare" could be moving less than a mile away. A quarry with blasts some worry could pose a major problem

"You could physically take the rocks off one at a time," said Brad Olds about the Wynnewood's chimney that's built with nearly 200 year old lime based mortar. "When this place shakes that's going to move because there is no adhesion between the stones," Olds said.

Olds works for Wieck Construction and has 25 years of experience restoring historic buildings. He predicts the Wynnewood would be heavily damaged and other structures even more so.

"The brick house at Hawthorne Hill will probably collapse," Olds said.

Quarry Plan Irks Castalian Springs Residents

Full Story with great photos here.


The Tennessean

By Matt Anderson

July 5, 2011

Castalian Springs has survived wars between Native Americans and early settlers. It survived a 2008 tornado outbreak that damaged homes, the post office and a historic log home.

Now, Hoover Inc. and a group of residents are in a fight over the Sumner County community’s future, with the La Vergne-based company proposing a rock quarry and asphalt plant on more than 350 acres surrounded by about 50 homes and state historic sites.

Lynn Smith, who lives across the street from the proposed quarry, worries about its effect on her home and family. Her husband has lung cancer.

During a recent town hall meeting in Gallatin, she confronted representatives of the quarry.

“You’re building this right across the street from my house. You’re going to bomb right in front of my house,” Smith said. “Who the heck is going to take care of all the cracks in my house and all of the above? Can you answer that?”

Proposed Quarry Would Destroy Restored Wynnewood

Full story here.

Historic structure has new roof, is ADA compliant

Gallatin News Examiner

By Dessislava Yankova

July 1, 2011

Almost three and a half years after a devastating tornado ripped through Castalian Springs, historic Wynnewood has a new roof.

But as restoration efforts progress, and the September completion deadline nears, site advocates express bittersweet emotions in light of a recent land purchase for a proposed rock quarry. The company Hoover Inc., recently purchased 300 acres in Castalian Springs, using the name Western Farm Products LLC.

"The damage will start from day 1," said reconstruction contract Brad Olds, who has 30 years of experience in historic restoration. "The first blast will cause deterioration in the structure system, and with every blast, the deterioration will continue to severely damage the building over time."

Quarry Rep Talks to Area Residents

Full story here.

Company used alternate name to buy land

Hendersonville Star News

By Sherry Mitchell

July 1, 2011

The entity that recently purchased more than 300 acres in Castalian Springs, Western Farm Products LLC, never existed prior to the real estate transaction and was established to disguise the fact that the actual owner, Hoover Inc., intended to use the land for a rock quarry, representatives said last week.

Tom White, attorney for Hoover, addressed a standing-room only room of residents about his client's plans to build a rock quarry, rock-crushing plant, a quarry spoils area and an asphalt and concrete plant abutting Corum Hill Road in Castalian Springs. White said a company using a different name was normal business procedure for businesses such as theirs to ensure the deals go through.

“I’m sure that’s part of the reason, and I wouldn’t criticize my client for doing that,” White said. “No one is going to come into a community to put in an industry like that and identify who they are.”

Sumner County Residents Oppose Rock Quarry

[ VIDEO Here ]

By Jamey Tucker and Tiani Jones

WKRN – News Channel 2

CASTALIAN SPRINGS, Tenn. – Castalian Springs residences met with county leaders on Thursday night to express their concerns about a proposed rock quarry.

Homeowner John Simmons is just one of the residents that is against the idea of opening a rock quarry in the community.

He told Nashville's News 2 he was surprised to learn about the proposed plans.

"I could not believe it. There is no place that you could find that is less suited for this quarry," Simmons said.

In an effort to prevent the quarry from moving into the area, residents have collected hundreds of signatures and formed the "Save Castalian Springs" group.

So... About that $15,000 Fine...

Someone should introduce Tom White to Google.

Company Fined $15,000 for Highwall Violations

WEDNESDAY, 13 APRIL 2011

By Ellen Smith

Two citations for loose material in an overhanging highwall led to $15,000 in fines for Hoover Inc. for failing to correct hazardous conditions in violation of §56.3200. In one citation, the ALJ increased the penalty.

Hoover owns the Lebanon Quarry & Mill, a multi-bench surface-pit rock quarry in Tennessee.

In October 2008, MSHA issued two citations. In one case, MSHA found a 40-ft. highwall contained loose material, including rocks 5 ft. x 3 ft., and overhangs of up to 5 ft. MSHA also found several large cracks along the highwall.  There were no berms or a barrier to prevent people from entering the area of the hazard, and the inspector was concerned that falling rocks could crush or crash through the cabs of the loaders.

The company admitted that they did not remove loose material after blasting; claiming that scaling would be dangerous and not economically feasible. Instead, miners would keep back 15 to 20 ft. from the toe.

ALJ Margaret A. Miller found that MSHA established the violation. Based on the testimony, she said the highwall’s condition “presented a hazard” to workers because bad weather or an explosion could easily cause the loose material to fall.

“The mine could have bermed-off or barricaded the area if it did not want to scale the highwall, however it failed to do so,” the ALJ said.

She also agreed it was S&S because of the falling rock hazard, which “would certainly be serious and potentially fatal” if it fell. Miller, however, increased MSHA’s proposed penalty from $4,099 to $5,000.

In the case of a second violation for §56.3200, the company had a berm, but material had been removed and cleaned right up to the toe.

This highwall also reached 40 ft. high, and also contained large, loose rocks. MSHA said it was S&S, with high negligence and a proposed penalty of $6,624. The ALJ agreed it was S&S and this time, with high negligence. The ALJ noted that MSHA discussed this exact issue with management on a previous occasion, yet loaders had been working directly under the loose material.

The company superintendent was aware of this practice and of the safety standard, and the ALJ agreed that the company “was highly careless in failing to supervise” the worker. Because of the high negligence, the fact that the hazard existed for an extended period and the failure to abate, ALJ Miller increased the fine to $10,000.

Quarry Now Knocks on Castalian Springs’ Door

By Mike Towle

The TENNESSEAN

June 29, 2011

It was too good an offer to pass up. In pouring rain locals call a "frog strangler," I jumped into the front passenger seat of the minivan and buckled up. Sitting next to me was the driver and one of Sumner County's most entertaining raconteurs, Gallatin historian and furniture maker extraordinaire John Garrot.

The occasion was a guided tour of that part of Castalian Springs concentrated with some of Middle Tennessee’s most historical landmarks and hallowed grounds. Some of this, such as Wynnewood and Bledsoe's Fort Historic Park, I knew about; other gems such as the Bate House, log-cabin homes tucked into newer structures, and ancient Indian burial grounds, well, let's just say I was among the historically malnourished. Garrott cured me of that. 

One of the contemporary homes we passed belongs to John and Allyson Simons. About a year ago they invested their life savings to buy 10 serene acres off Corum Hill Road and move here from Virginia, unwitting to the life-changing pile of rocks now apparently on the verge of landing at their front doorstep. More on the Simons in a minute. 

Worst Researchers Ever?

I think my favorite part of the News Channel 5 piece is when Tom White, attorney for Western Farm Products, LLC/Hoover, Inc./Who Knows Who Else, is quoted as saying "they're aware of the historical significance of Castalian Springs, but they've researched the property and do not believe they'll disrupt any historical sites"...


Did you catch that? They researched it. But managed to miss the two MAJOR historical sites only hundreds of yards away. Doesn't sound like very thorough research to me.

The Dangers of Quarry Blasting

This from our neighbors in Murfreesboro. You can read the story and ALL the informative comments here: http://www.murfreesboropost.com/former-commissioner-complains-about-blasting-cms-993

Former Commissioner Complains about Blasting

By LISA MARCHESONI
The Murfreesboro Post

Blasting may be damaging the home of a former county commissioner and affecting the family's health, she reported Monday to Murfreesboro Police.

Ex-commissioner Tina Jones, who lives on U.S. Highway 41 South (Manchester Highway), reported blasting from the Joe B. Jackson Parkway area may cause respiratory problems for her family, Officer Jason McGee reported.
"Mrs. Jones stated that she has already experienced sinus problems as a result from the dust and debris," McGee reported.

She complained the dust and debris was thick enough to prevent visibility for 30 feet. She expressed concern for the family's horses.

Also, she reported the blasting shook her house and may damage the foundation.

The fire marshal's office is responsible for handling blasting complaints.

Quarry Buys Land in Castalian Springs

By Marjorie Lloyd
marjorie@thegallatinnews.com
The Gallatin News

June 16, 2011

The rural serenity of the Castalian Springs community is beginning to change, first with Dollar General opening a location and now with a quarry company purchasing approximately 400 acres of land off Corum Hill Road, on May 11. However, the approval for the zoning of the property to change from R1A (residential, agriculture) to allow industrial use may prove to be difficult.

Hoover Inc., out of Rutherford County, which has plants and quarries in both Tennessee and Alabama, formed an LLC company in April, entitled Western Farm Products, with a Brentwood office in the Maryland Farms business district, and used a Wilson County realtor to make the blind purchase from the Charles Haynes’ family of the Ted Payne Farm, a 350.17 acre parcel.

Three other, much smaller parcels were also purchased at the same time that allow access to New Highway 25. The company paid $172,000 for one from Jimmy Dale West; $66,835 to Eric Birdwell; and to William Lawson, 115,000 for another.The company has filed a request for a conditional use permit in order “to operate a quarry with accessory asphalt and concrete plants and rock-crushing facilities.”

“We had no earthly idea,” said Michelle Haynes in discussing the sale. “That’s the first time in my life as a real estate broker that we have done a blind sale. They would not tell us who they were. It was totally anonymous. Never in our wildest dreams did we think it a quarry company.”