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Resolution RS2019-35

A resolution requesting that the Tennessee Department of Environment and Conservation (TDEC) deny a permit that would allow the Hutton Stone Quarry to be de-watered and filled with construction materials.

Newsom Station quarries that were the source of the limestone used in the State Capitol, Union Station, and Hume Fogg High School, is located at 7848 McCrory Lane; and WHEREAS, the quarry is 12.2 acres in size and approximately 125 feet in depth at its deepest point, is currently used to host diving lessons, and is home to countless freshwater jellyfish; and

WHEREAS, the quarry is located 400 feet from the Harpeth River and 600 feet from residences in a neighborhood of more than 1,200 homes; and

WHEREAS, approximately 200 homes in the aforementioned neighborhood suffered property damage during the 2010 flood; and

WHEREAS, twice since the 2010 flood, the Harpeth River rose to a stage where homeowners in the aforementioned neighborhood were forced to prepare for possible flooding; and

WHEREAS, the Harpeth River is protected by the Tennessee Scenic Rivers Act, Tenn. Code Ann. §11-13-101, et seq .; and

WHEREAS, in 2006, the owners of the quarry attempted to gain approval to turn the quarry into a landfill for construction materials and were thwarted by intense neighborhood opposition and the Tennessee Scenic Rivers Act; and

WHEREAS, the owners of the quarry have applied to TDEC for a permit that would allow them to drain all water from the quarry into the Harpeth River and to fill the quarry with construction materials; and

WHEREAS, the owners’ description of said construction materials as “clean dirt and rock” appears to prevent the proposed landfill from meeting the state’s definition of a “construction and demolition landfill” and therefore avoids the application of the Tennessee Scenic Rivers Act; and

WHEREAS, the de-watering of the quarry will include the disturbance of flood plain, including the movement of sediment, potentially increasing the threat of flooding to nearby homes; and

WHEREAS, the de-watering of the quarry into the river without continuous oversight threatens wildlife and water quality in the Harpeth River; and

WHEREAS, the dumping of approximately 168,000 truckloads of construction materials into the de-watered quarry over a period of many years cannot possibly be monitored to guarantee that only dirt and rock are dumped into the quarry; and

WHEREAS, in the case that only dirt and rock are dumped into the quarry, the sources of all the materials and absence of chemicals and other hazardous content in said materials cannot possibly be confirmed; and

WHEREAS, chemicals and hazardous content dumped into the quarry will negatively and significantly impact groundwater, the Harpeth River, and downstream interests in Cheatham County.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan Council hereby goes on record as requesting that Tennessee Department of Environment and Conservation deny any permit that would allow the Hutton Stone Quarry to be dewatered and filled with construction materials.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to TDEC Environmental Consultant Robert Baker.

Section 3. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s)

Dave Rosenberg, Sharon Hurt, Gloria Hausser, Zulfat Suara

Legislative History

Referred toRules, Confirmations, and Public Elections Committee

IntroducedOctober 1, 2019

AdoptedOctober 1, 2019

ApprovedOctober 2, 2019

ByMayor Cooper's signature

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 10/10/2019 7:54 AM