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When Will the County Enforce Powers Act
Hilton Conger

Even though the County Commission voted to enable the County Powers Act and to implement regulations concerning where rock quarries, rock crushers or gravel pits, cryptocurrency data mines, landfills, adult entertainment, or methadone clinics can be located withing the county, some residents are still waiting for the county to act on the regulations.

A closed-door meeting between the county commission and county attorney was held several weeks ago, where County Attorney Hilton Conger gave legal advice on how to handle enforcement. Three main issues concern the proposed Jones Alexandria Quarry on Old Highway 53 in Liberty, the Smyrna Ready Mix quarry on North Driver Road at Snow Hill, and the McMinnville Energy cryptocurrency mining facility being constructed on South College Street in Smithville. While Conger says a cease-and-desist action against the Jones Brothers quarry is likely very soon, there are questions over the other two entities as to whether they are considered in operation.

Under the County Powers Act regulation, “No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment, or methadone clinic may be located within 5,000 feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional, or industrial establishment. Measurements shall be taken from the nearest recorded property line of the business to the nearest property line or boundary of the foregoing.” The companies are also required to make application for a local permit. The regulations took effect immediately on adoption by the commission October 28.

The resolution requires, “In addition to the non-refundable fee of $150, an initial fee of $100 must be paid by the applicant for a permit to operate a quarry, rock crusher, or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic if the license is granted with an annual $100 permit renewal fee”.

While none of the three sites meet the 5,000-foot requirement, there has been no construction at the Jones Bros. site, while the Smyrna quarry had been in operation, though many claim illegally and without the proper permits. The crypto mine had not begun construction on the facility until after the regulations had been passed and is still currently not in operation. 

In an email to the media on December 10, Attorney Conger indicated that a move by the county to send Jones Brothers a cease-and-desist letter is premature. “I know we talked about a Cease-and-Desist letter; however, at this point they (Jones Brothers) haven’t started anything so there’s nothing for them to cease doing. The first step is for them to file an application for a permit. If they start without filing for a permit, then we will send a Cease-and-Desist letter.”

“You will notice that I copied Quarland LLC and Bradshaw Farm. That’s the two pieces of property where they are proposing to put the quarry. Quarland LLC and Bradshaw Farm have the same Registered Agent, James F. McCullough, in Mt Juliet. Quarland LLC bought the property from OH 53 LLC whose President is James F. McCulloch, the same person who is the Registered Agent for Quarland LLC and Bradshaw Farm. I can’t find out anything about Mr. McCullough,” Conger said.

In another email, Conger addressed why the other two companies are not expected to receive cease and desist letters. “I have no problem with you saying you contacted me for an update and that I disclosed that Jones Brothers has been contacted and advised that they need to file an application for a permit to operate a quarry. Based on the location I don’t see it passing the test, but we’ll have to wait and see if they even file an application. As for SRM and McMinnville Energy, it is the consensus of a majority of the (county) commission that they would be grandfathered,” wrote Conger.

While Conger contends that it was the consensus of the county commission that SRM and the crypto mine would be grandfathered in, some county commissioners say that a vote was never taken during the closed-door meeting.

The news is leaving many local residents wondering why the county has yet to act, especially on the crypto-mine which is rapidly being constructed, and a quarry which may have been operating, but illegally without the necessary permits.

The state recently stepped in to halt work at Snow Hill and SRM agreed to remove equipment from the site after a state investigator advised SRM was working there without the required water discharge permit, in violation of state law.

As for any action from the county, it seems to be a wait and see process, leaving some members of the public leaning towards taking legal action of their own.