RESOLUTION NO. RS2016-206

A resolution expressing the Metropolitan Council’s opposition to the National Pollutant Discharge Elimination System (NPDES) Permit for a limestone quarry and processing facility, asphalt plant and construction sand and gravel mine at 771 Burnett Road, Old Hickory, Tennessee 37138 sought by Industrial Land Developers, LLC (NPDES permit no. TN0069922).

WHEREAS, Industrial Land Developers, LLC has applied to the Tennessee Department of Environment and Conservation – Division of Water Resources, Mining Section, for a National Pollutant Discharge Elimination System (NPDES) Permit for a limestone quarry and processing facility, asphalt plant and construction sand and gravel mine to be located at 771 Burnett Road, Old Hickory, Tennessee 37138 (NPDES permit no. TN0069922); and

WHEREAS, the Tennessee Department of Environment and Conservation – Division of Water Resources, Mining Section, is soliciting public comment and holding public hearings in response to interest and concerns within the local community about the proposed site, and to gather information from the public relevant to a final decision on the permit application; and

WHEREAS, the application describes the emission of effluents, including “treated wastewater and stormwater” from the proposed site into an “[u]nnamed tributary to the Cumberland River (Cheatham Reservoir)”; and

WHEREAS, it is the consensus of the Metropolitan Council that granting the applicant’s permit in this instance would result in eventual degradation of the water quality for citizens in the surrounding area, and further violate the anti-degradation requirements of Rule 0400-40-03-.06 of the Tennessee Department of Environment and Conservation; and

WHEREAS, the maintenance and safekeeping of the water quality of Tennessee waterways is crucial to the welfare and safety of thousands of Davidson County residents whose lives and property would be threatened by the degradations threatened by the applicant’s proposed uses; and

WHEREAS, for these reasons, Tennessee Code Annotated, title 59; Title 69, Chapter 11, and Title 60, Chapter 3 establish various limitations upon the issuance of permits for activities conducted in the vicinity of dams; and

WHEREAS, the Metropolitan Council previously enacted Ordinance No. BL2015-13 on November 17, 2015 by unanimous vote to designate “mineral extraction” as a use permitted with conditions in the IG zoning district and adding conditions applicable to this use.

WHEREAS, the Metropolitan Council previously enacted Resolution No. RS2016-147 on November 17, 2015 expressing support for state legislation limiting rock quarry operations within certain proximities to dams;

WHEREAS, it is reasonable and proper that this Metropolitan Council express their consensus opposition

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

Section 1. That the Metropolitan County Council hereby goes on record as opposing the National Pollutant Discharge Elimination System (NPDES) Permit for a limestone quarry and processing facility, asphalt plant and construction sand and gravel mine at 771 Burnett Road, Old Hickory, Tennessee 37138 sought by Industrial Land Developers, LLC.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to the Mining Section at the Knoxville Environmental Field Office, 3711 Middlebrook Pike, Knoxville, TN 37921-6538, Attn: Public Notice Coordinator, by facsimile at (865) 594-6105 and by email at Gary.Mullins@tn.gov on or before April 29, 2016.

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

Sponsored by: Larry Hagar, Nancy VanReece, Tanaka Vercher, Dave Rosenberg, Mina Johnson, Freddie O'Connell, Sheri Weiner, Jacobia Dowell, Robert Swope, Jeremy Elrod, Karen Johnson, Bob Mendes, Kathleen Murphy, Jason Potts, John Cooper, Jeff Syracuse, Angie Henderson, Davette Blalock, Michael Freeman, Holly Huezo, Steve Glover, Fabian Bedne, Scott Davis , Erica Gilmore, Colby Sledge, Sharon Hurt, DeCosta Hastings, Brenda Haywood, Doug Pardue, Bill Pridemore, Edward Kindall, Anthony Davis, Brett Withers, Kevin Rhoten, Mary Carolyn Roberts

LEGISLATIVE HISTORY
Referred to:	Rules, Confirmations, and Public Elections Committee
Introduced:	April 19, 2016
Adopted:	April 19, 2016
Approved:	April 20, 2016
By: