The Warren County Commission will consider two resolutions regarding rock quarries when it meets next week.
The commission’s agenda for its Monday night meeting includes a County Powers Act resolution and a resolution setting up regulations for operating a rock quarry in unincorporated areas of Warren County. The County Powers Act, according to the resolution, would “expand the ability of counties to exercise certain municipal powers in relation to the regulation of nuisances and other practices detrimental to the inhabitants of the county” under state law, in particular Tennessee Code Annotated 6-2-201 parts 22 and 23.
“The Board of County Commissioners of Warren County has determined that it would be beneficial to the inhabitants of the county for Warren County to adopt these regulatory authorities for the purposes of regulations of a rock quarry, rock crushing and mining,” the resolution said.
Part of the resolution also allows the commission to enact regulations regarding the operations of quarries. The resolution must pass with a 2/3 majority and would go into affect immediately.
The second resolution, which will be considered upon the passage of the first, establishes a list of regulations governing the operation of a rock quarry in the unincorporated area of the county.
Among the requirements, according to the resolution, is that the business would need to apply for a business license or permit from the county, provide proof of permit from the state, a copy of the deed or lease or the property where the quarry would operate, a map showing the location of the quarry and what activities that would take place there and a $150 non- refundable application fee.
“Upon receiving the foregoing information, the County Clerk will forward it to the Office of the County Mayor, who will determine whether the site of the proposed quarry, rock crusher or mining meets the location requirements provided for in this resolution and report his/her findings to the County Clerk within 10 days,” the resolution said.
The resolution said if the application is denied, the county mayor will provide an explanation and inform the applicant of their right to appeal the decision.
“If the applicant desires to request a hearing before the County Commission to contest the denial of an application, such request shall be made in writing to the County Mayor within 10 days of the applicant’s receipt of the notification of the denial of the application,” the resolution said. “If the applicant timely requests such a hearing, a public hearing shall be before the County Commission at the next regularly scheduled County Commission meeting, which is at least 10 days from the date the request for hearing is received in the Mayor’s Office.”
The resolution also establishes distance guidelines for rock quarries.
“No quarry, rock crusher or mining may be located within 5,000 feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional or industrial establishment,” the resolution said. “Measurements shall be taken from the nearest recorded property line of the operations listed above to the nearest property line or boundary of the foregoing.”
The resolution includes a section grandfathering existing rock quarries already in operation in Warren County, however, they would be subject to licensing and renewal fees. The regulations also call for existing quarries to submit an application to continue operations.
“The grandfather protection provided by this (section) may not be transferred or used to operate a quarry, rock crusher or mining at any site or location other than the site or location where the quarry, rock crusher or mining is currently in operation,” the resolution said.
According to reports, a rock quarry is being considered for a piece of land on Roy Foster Road in the Dibrell community. A Change.org petition seeking to stop the quarry had over 430 signatures as of Friday morning.
“(T)his rock quarry is around several neighboring houses, has a creek in behind/ beside it, 1800s cemetery on the property and (is) 5000 feet from Dibrell Elementary School,” the petition said “There will be habitat destruction, air/water pollution, health risks for nearby families, lots of noise and congested traffic for a small road as is. The property value of nearby homes/ lands will plummet. There are many houses around this 250 acre land that has small children and elderly that can seriously be affected by the dust and other particles that may be released into the air.”
The resolution establishing regulations must also pass the commission on a 2/3 vote.
The Warren County Commission meets Monday at 6:30 p.m. at the Warren County Administration Building.
