JACKSBORO, TN (WLAF) – County commissioners learned the cost of Campbell County’s battle to halt or at least regulate a planned quarry near Campbell County High School at their meeting Tuesday night. That cost will be at least $60,000, the amount of a budget amendment the commission voted to approve on a motion by Scott Kitts seconded by Rusty Orick.  See the full seven pages of RESOLUTION NO. 2- 18 -2020  Requirements – Blasting and Quarry Operations at the bottom of this story.

That amount includes $22,000 already billed by attorney James Wright to cover his work to date, including the drafting of a resolution that the commission passed last month. Wright estimated that the $60,000 should cover those fees plus “hopefully” cover any anticipated action that might end up in court.

The commission also approved several other budget amendments along with a bond resolution for up to $4.1 million to cover a variety of future construction projects and renovations in several departments.

The commission also voted to spend $40,000 to complete renovations at the Campbell County Animal Shelter. The shelter has been closed to accepting new animals since late last year because a treatment to seal the concrete floors and walls failed.

The county spent $23,000 last year to seal the concrete, but the epoxy sealant is not holding, possibly because it was improperly applied by the contractor. The unsealed concrete had been found to harbor bacteria and cause the spread of Parvovirus along with other infections.

After discussion at several committee meetings and workshops, the commission finally concluded that the job must be re-done. Building & Grounds Committee chairman Ralph Davis told the commission that $40,000 “will cover everything that needs to be covered.” The commission then agreed to recess the meeting until next Monday at 6:00 p.m. in order to provide adequate notice before approving the expenditure.

Not everything facing the commission at Tuesday’s meeting involved spending money. The commission started the meeting by honoring two elementary school basketball teams for their successful seasons in winning the county’s large division championships. The Jacksboro Elementary School Lady Eagles and the Valley View Elementary School Bobcats were all in attendance along with their coaches to receive certificates from the commission.

In other action the commission approved a resolution introduced by Orick to support extending the federal Abandoned Mine Lands Fund, which is due to expire next year if Congress does not extend it. Several speakers at last week’s workshop asked the commission for a resolution of support, pointing out that much of the remaining reclamation work is in Campbell County. (WLAF NEWS PUBLISHED – 02/20/2020-6AM)

 

RESOLUTION NO. 2- 18 -2020

 

Requirements – Blasting and Quarry Operations

 

WHEREAS, Campbell County has adopted Resolution Number 1-27-2020 and Resolution Number 2-17-2020 “Restrictions Pertaining to Quarries and Blasting Operations;” and,

 

WHEREAS, Campbell County has adopted the County Powers Act as set forth in T.C.A. § 5-1-118; and,

 

WHEREAS, Quarries and Blasting operations unregulated by the County can and will produce noise, dust, vibrations, the potential for property damage and personal injury, highway and road safety issues, dangers to emergency personnel accessing the property as well as other detriments and further that said Quarries and Blasting operations unregulated by the County are detrimental and liable to be detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the County.

 

Now, therefore, be it resolved by the County Board of Commissioners by vote of more than ⅔ of said members at a meeting and regular in session this _18th_day of _February_, 2020.

 

In accordance with said resolution, Campbell County Commission (the “County”) further adopts the following further requirements related to any blasting and/or quarry operations conducted within the boundaries of the County as follows:

 

Section 1 – This provision and Resolutions 1-27-2020 and 2-17-2020 shall apply to any owner, lessee and operator of a blasting or quarry operation and it shall be the responsibility for each to comply with these Resolutions.

 

Section 2 – Blasting operations shall mean the use on any property of explosives in the blasting of stone, rock, ore or any other natural formation.

 

  •         The use of explosives in construction or demolition work is also included in the definition of blasting operations for purposes of requiring such activities to submit an application to the County.  However, where such use of explosives is for a limited or one time use and upon proper showing that such activity may occur without detrimental effect upon the health, morals, comfort, safety and convenience of the inhabitants of the County, waivers of all or portions of this resolution or any other resolution may be approved by the County for such limited activities.

 

The term Quarry shall be defined as the extraction, removal and/or mechanized processing of stone, gravel, phosphate, rock, metallic ore, limestone, marble, chert, sand, dimension stone and any other solid mineral or substance of commercial value including but not limited to zinc. The definition of Quarry shall not include the reuse of the materials on the same site from which they were extracted for purposes of a building, parking lot or other improvement upon the same property.

 

The term County will be defined as Campbell County, Tennessee and/or its designated representative and/or such other official or person with Campbell County that Campbell County may designate from time to time as it would relate hereto.

 

Section 3 – No Quarry or Blasting operation shall commence operation or continue to operate unless it has obtained and provided to the County all permits and licenses from any federal, state or county or other entity and a plan submitted to the County and approved by the County.  Therefore, no entity may commence lawful operations until it has obtained all such permits, licenses from any of the above described entities and provided same to Campbell County and been approved by the County as well as complying with all provisions of this resolution as well as the provisions of Resolutions Nos. 1-27-2020 and 2-17-2020.

 

Section 4 – Noise       

 

(1)  At the perimeter of any property owned or leased by any person(s), corporation(s), and/or any other entity(ies) conducting blasting and/or quarry operations on the property the following noise limitation shall apply:

 

(a)        The noise level shall not exceed 60 decibels at the property boundary.

 

(2) Noise monitoring shall be conducted by the owner or lessee of the property utilizing industry standard sound monitoring instrumentation.  Daily records shall be kept and reviewed, and a monthly report provided to the County on the 1st of the following month.  Any violations that are in excess of the decibel limitations as outlined herein shall be highlighted in each monthly report, and shall be self-reported to the County no later than 24 hours after such an occurrence. The plan to be submitted and approved by the County shall include the means and methods to be used and maintained to comply with Section 4.

 

Section 5 – Dust        

 

The owner, lessee and operator shall maintain the property and operations and shall take such action so as to maintain dust with the property boundary and within the berms on said property so that dust does not escape the property onto the property of third party property owners, public property, public right of ways of public roads or highways.  In order to maintain dust from leaving the property, the owner, lessee and operator must adhere at least to the following protocols:

 

(a)  Maintenance shall be performed so as to prevent visible deposits of equipment and property;

 

  • Any activity or operation that generates any dust shall have appropriate water or mist spray applied to control such dust. Where the use of water or mist spray can be shown to be an inappropriate application as a result of same being unsafe or illegal or otherwise to the satisfaction of the County to be shown to be inappropriate the owner and/or operator may propose an equivalent or better measure to control dust and if approved by the County said equivalent or better measure may be used.

 

(c) Maintain dust suppression equipment, including water trucks on site for dust control;

 

  • Water down/mist roadways or any surfaces from which fugitive dust or opacity conditions may arise;

 

  • Maintain and operate wheel washes for commercial trucks and equipment before exiting the property onto a public roadway or the property of others;

 

  • Wash all equipment on at least a daily basis;

 

  • Maintain and operate water spray bars to wet material loading operations, including loading into truck beds (while at the same time ensuring that no water drips from the truck bed off the premises of the owner, lessee and operator onto the roadway);

 

  • A wet suppression system is required and shall be maintained and used at designed transfer points; and

 

  • The use of a sprinkling system is required in order to wet stockpiles of materials being stored on the property or any other condition or source upon the property that may likely be a source for the production of dust.

 

  • No owner, lessee and operator shall allow or permit any discharge into the air or any dust beyond the berm located near the property boundary beyond which is:

 

(1)  As dark or darker in shade as that designated as No. 0 on the Ringelmann Chart, as published by the United States Bureau of Mines but within the berms upon said property, or

 

(2)  Of such opacity as to obscure an observer’s view to a degree equal to or greater than that the limitation described above.

 

  • The owner, lessee and operator shall be responsible for paying for the removal and/or the cost of removal of dust and/or debris from the property of third-party’s including public property arising from the operations.

 

The above list is not exhaustive as the owner, lessee and operator shall be responsible for the elimination of fugitive and opacity conditions such that dust does not leave the property beyond the berms located within the boundaries of the property.

 

It is the responsibility of the owner, lessee and operator to regularly and continuously monitor for dust. Such monitoring shall be conducted using accepted industry standard equipment, capable of checking for both fugitive dust and opacity. Daily records shall be kept and reviewed, and a monthly report provided to the County on the 1st of the following month.  Any violation shall be highlighted in said report and shall be self-reported to the County no later than 24 hours after any occurrence. The plan to be submitted and approved by the County shall include the means and methods to be used and maintained to comply with Section 5.

 

Section 6 – Blasting  

 

(1) Any person(s), corporations(s) and other entity(ies) engaged in blasting and/or quarry activities on any owned or leased property shall abide by the following limitations:

 

(a) No blasting shall occur outside the hours of 4:00 p.m. to 6:00 p.m. unless application is made to the County and approved by same upon showing that said blasting activity should be allowed within the hours that school would be conducted and there are exceptional  circumstances that would allow such blasting within school hours.

 

(b) No blasting shall be conducted on any Federal or State holidays;

 

(c) Daily records of all blasting operations shall be kept and reviewed, and a monthly report provided to the County on the 1st of the following month.  Any violations of the limitations within this section must be reported to the County within 24 hours.

 

(d) Prior to the commencement of any blasting activities, notice in written or verbal form shall be given to any properties located within a 1 mile radius of the property, and at least 72 hours in advance as well as such notice to the County, the county sheriff’s department, the county TEMA representative and the highway patrol.  Signs shall be placed along fencing surrounding the property warning of blasting activities, with additional signs being  placed no less than half a mile away at agreed upon locations between the County and owner or lessee of the property on days when blasting is to occur. The plan to be submitted and approved by the County shall include the means and methods to be used and maintained to comply with Section 6.

 

(e) Copies of any reports from blasts or records relating to a blast shall be made available to the County upon request.

 

(f) A copy of any communications with any state of other governmental entity shall be provided to the County including but not limited to reports of violations.

 

Section 7 – Berming

 

(1)     Any owner, lessee and operator engaged in blasting and/or quarry operations on their owned or leased property shall:

 

(a)         Erect berms measuring at least ten feet in height or such additional height as to limit dust, noise or any view of operations upon the property and shall provide safe and adequate slopes for vegetative growth and to prevent erosion.  These berms shall be landscaped and maintained.

 

(b)         Furthermore, a landscaping plan shall be submitted to the County and shall provide for trees to be planted across the surface of the berm in order to provide a noise, dust and visibility barrier to the surrounding properties. Such berms and plantings must be erected prior to the start of any blasting operations or any quarry operations, and must be maintained at the prescribed heights throughout the duration of any blasting and/or quarry operations.

 

(2)     The County maintains the right to request berming, additional berming or modifications to berms to meet the objective of providing proper buffering between the blasting/quarry activities and the neighboring properties or public highways or public property and to prevent public access.  The landscaping plan shall be  included within the overall plans and materials to be submitted for approval to  the County and said overall plans and landscaping plan shall include the agreement of  the owner, lessee and operator to comply with the provisions of this resolution as well as any and all other resolutions pertaining to quarry and/or blasting activities. The plan to be submitted and approved by the County shall include the means and methods to be used and maintained to comply with Section 7.

 

Section 8 – Fencing

(1)                    Any owner, lessee and operator shall:

 

(a)     Erect fencing measuring eight (8) feet in height and erected within ten feet of the property boundary but at such a distance from the property boundary to provide for and allow the landscaping as provided in this resolution and pursuant to the landscaping plan.  The fencing may be located at such other location as may be agreed to or as directed by the County all in order to protect against access, provide aesthetics and safety.  This fencing must be erected in order to maintain a controlled environment in which dust and noise are limited and third-party access is prevented.  There shall be tree planting and landscaping placed on the exterior perimeter so as to obscure the fencing and said tree planting and landscaping shall be included within the landscaping plan provided within this Resolution.

 

(b)     Provide within the fencing a gated and locked and controlled access point. This controlled access point must be in place throughout the operations until the property is reclaimed and restored.

 

(c)     All said fencing and access points shall be maintained on a periodic basis, not only from a security standpoint but from an aesthetic standpoint.

 

(d)    The County shall be provided keys or codes or other sufficient means of access as well as a contact designee who shall be available at all times.  The plan to be submitted and approved by the County shall include the means and methods to be used and maintained to comply with Section 8.

 

Section 9 – Ingress/Egress 

 

(1)     The owner, lessee or operator or any person(s), corporations(s) and/or other entity(ies) engaged in blasting and/or quarry operations shall at a minimum abide by the applicable guidelines of the State of Tennessee.  This includes, but is not limited to:

 

  • Providing means of safe ingress and egress upon and across the property including for access by emergency personnel. The design for same and any change in design shall be included with the plan materials provided to the County for approval.

 

(b)     Providing to the County proof of submittal of all materials necessary to the Tennessee Department of Transportation and the County and including any and all permits as may be required by the Tennessee Department of Transportation and or the County as pertaining to commercial property and related to commercial property access to a State maintained road or such higher level of protection of access.  In no event may a residential access point be used.  A residential access point shall include but not be limited to a residential “curb cut” allowing access to a highway or road and/or an access through an area that would consist primarily of residences. Further proof of Compliance and Satisfaction of all requirements of the State of Tennessee including the Tennessee Department of Transportation and the County shall be submitted. The Owner, lessee and Operator shall comply with any and all requirements of the Tennessee Department of Transportation and/or the County and provide to the County proof of submittal of all materials necessary.

 

(c)     Regardless of whether the Tennessee Department of Transportation has jurisdiction over any access point, the owner, lessee and operator shall build and maintain any access point in accordance and compliance with the parameters of the Tennessee Department Transportation Manual for Constructing Driveway Entrances on State Highways (2015 Edition or later) at a minimum and include such further and other design parameters as the County may deem reasonably necessary for the protection of the public and for safe operations on and about the property. Design parameters for ingress and egress shall at a minimum comply with those of the Tennessee Department of Transportation for commercial property access for a state maintained road include designs for auxiliary lanes and shall include further and other design parameters as the County may deem reasonable and necessary in its discretion for the protection of the public and for safe operations on or about the property.  The design plans shall be submitted and approved by the County and, as may be applicable, to the Tennessee Department of Transportation.   No owner, lessee or operator shall begin legal operation and no operations shall commence before such work is completed, permits obtained and approval granted.  Any operations without same shall be unlawful.

 

(d)    Submit to the County a plan for said access and for approval of said access, submitting a copy of any and all permit applications and design materials for said access for approval by the County and in agreement to abide by all design parameters as set forth for the public safety. No entrance to the property measured from the closest end point of the acceleration or deceleration lane shall be closer than 200 feet to any intersecting street or any corner.

 

(e)     Access to the property must be through an access lane on the property before connecting to any public road or highway or public right of way.  Such access lane must be off the public highway or any public right-of-way or road such that there is a design controlled access lane entering and exiting the property.  Such access lane shall be designed so that trucks and other equipment are not directly accessing any public highway or road or any public right-of-way that may likely pose a danger to the public and such that any emergency equipment or services can be provided off of the public right-of-way or highway or road for the protection of the public and any emergency personnel.  Said access point for ingress and egress shall include acceleration and deceleration lanes of adequate length and width to protect public safety. The design of all factors in this Section 9, including this subsection, shall be by a qualified and licensed professional engineer who practices in traffic engineering and such submittals shall be subject to the review and approval of the County.

 

(f)     It is required that the owner, lessee and operator apply for and maintain a written agreement with Emergency Management representative  that all access points and all areas upon the property are suitable for emergency response vehicles and personnel and that an emergency management plan must be submitted to the County and approved.

 

(g)     Appropriate signage shall be located upon the property for the assistance of any emergency personnel upon the property for the location of structures, operation and any hazardous, explosive or other materials upon the property. A plan for such signage shall be submitted to the County for approval.

 

(h)     Any road or highway upon which access is sought or to be used, as well as the access point, must be deemed adequate by the County for traffic, safety, capacity and any other factor that would detrimentally impact the road or the access point from the quarry and a blasting operation.

 

The plan to be submitted and approved by the County shall include the means and methods to be used and maintained to comply with Section 9.

 

Section 10 – Truck and Vehicle Traffic and Protection of the Public    

 

  • Operations of truck and equipment through any ingress/egress point shall not begin before 9:00 a.m. and shall not continue after 7:00 p.m.

 

(2)     Any owner, lessee and operator shall prevent the accumulation of dust from its operations on any portion of any street, public right-of-way, as well as the property of third-parties

 

(3)     The owner, lessee and operator shall act so that any equipment, truck or vehicle of any type entering or leaving the property does not emit dust or deposit dust or debris upon any street, public right-of-way or the property of third-parties.

 

(4)     It shall be the responsibility of the owner, lessee and operator that all trucks on or about the property or exiting the property shall be covered with a tarp before exiting the property, and any dust-producing material shall be lightly sprayed or misted with water so as to prevent the emission of dust before the tarp is applied.

 

(4)     It shall be the responsibility of the owner, lessee and operator that any trucks or equipment leaving the property shall be free of debris and free of dripping water. Said vehicles and equipment shall go through a wheel wash located at the entrance of the property, only traveling over paved areas following the wheel wash before entering onto the highway.  In any and all event, the equipment, trucks and vehicles leaving the property shall be free of dripping water.

 

(5)     The owner, lessee and operator shall prevent the accumulation of debris or dust on any road, highway, public right-of-way, public property or and third-party’s property and shall be liable for any such disposition of any such debris and/or materials.

 

(6)     To the extent blasting operations exist for the purpose of creating processed stone or rock, then such process shall occur on the same property on which the blasting operation occurs and same must be approved as part of the Quarry or Blasting Operation.

 

The plan to be submitted and approved by the County shall include the means and methods to be used and maintained to comply with Section 10.

 

Section 11 – Site Investigation

 

The Operator of a Quarry or Blasting Operation shall examine the area within 2500 feet of the property boundary for: structures, wells or aquifers that may be damaged, karst terrain and for vulnerable or historical structures as well as impact upon persons living in or around the quarry or blasting operation and shall conduct an investigation and submit a report and plan that establishes that the Quarry or Blasting Operation will be conducted in such a fashion as to pose no potential for threat or harm to same whether from sound, dust, traffic or in any other way and shall detail the means and methods to be observed to protect in this regard. Said information shall be included within the Plan to be submitted to the County.

 

 

 

Section 12.  Restoration; Insurance and Bond

 

  1. Quarry and Blasting Operations shall be required to restore the property and to submit a plan for said restoration for approval by the County. Said plan for restoration shall include the date for the Operations of the Quarry and Blasting Operations and shall include surveys indicating the areas to be disturbed and a projection of the dates for said plans and include an end date.  At such end date the property and areas disturbed shall be restored pursuant to the approved plan for restoration.  The Owner, lessee and Operator shall furnish a bond acceptable to the County equal to the projected cost for restoration.

 

  1. From the inception of any work and prior and throughout operation until the property has been restored, the owner, lessee and any operator shall maintain Insurance for liability acceptable to the County and furnished to the County in an amount not less than $5,000,000.00.

 

Section 13 – Inspections and Monitoring

 

The County shall have the right to enter into the property at any time in order to monitor for compliance and also shall have the right but no obligation to conduct its own monitoring operation at reasonable times with or without notice in order to monitor for compliance.  The County has the right but not the obligation to conduct its own monitoring operation at reasonable times, with or without notice, in order to monitor for dust emissions, including both fugitive dust and levels of opacity.

 

Section 14 – Violations

 

The County may enforce this Resolution by issuing a cease and desist letter which shall be enforceable and any party receiving such letter shall comply immediately upon receipt. In the event an owner or operator of a property shall fail to comply with any provision of this or any resolution relating to Quarry or Blasting Operations a fine of $50.00 per day for each separate violation as it relates to each section or any subsection of this resolution or any other resolution or an approved portion of the plan unless the matter involves a jury trial, in that event a fine shall not exceed $500.00 per day per violation.  Furthermore, the County may obtain a temporary restraining order or injunctive relief in the Circuit or Chancery Court for Campbell County or such other place as may be necessary to obtain compliance. The County may revoke the permit or approval to operate for violation of this or any other resolution or law or the failure to comply with a cease and desist letter.

 

This resolution shall become effective upon passage on February 17, 2020, the public welfare requiring.

 

            DULY PASSED AND APPROVED, by the Campbell County Board of County Commissioners this __18th___ day of February, 2020.

 

 

APPROVED:                                                                                                                                               

                                                  County Commission Chairman

 

 

ATTEST:                                                                                                                                                                  

                                                  County Clerk

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