Proposed landfill appears to be derailed by TDEC
TDEC decision clears way for local rejection of landfill. Plus: Candidate withdraws from school board race; early voting starts ahead of May primary; Big South Fork implements temporary burn ban.
Good Thursday evening! This is The Weekender, a final look at this week’s news from the Independent Herald. The Daybreaker (Monday) and The Weekender (Thursday evening) are our two news-first newsletters. We publish several other newsletters throughout the week, as well as our regular E-Edition on Thursday and our Varsity E-Edition on Sunday (during sports season). If you’d like to adjust your subscription to include (or exclude) any of these newsletters, do so here. If you haven’t subscribed, please consider doing so!
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Landfill proposal appears to be in serious trouble after TDEC decision
ONEIDA | Barring a lifeline from a court, the proposed Roberta Phase II landfill at Bear Creek appears to be on life support following two decisions by the TN Dept. of Environment & Conservation in as many days that have derailed the landfill plan.
The first, issued by TDEC’s water quality division on Wednesday, denied Roberta Phase II’s request for an Aquatic Resources Alteration Permit (ARAP) that would have allowed it to construct the proposed landfill on top of wetlands within the roughly 700 acres of real estate it has an option to purchase between Bear Creek Road and Poplar Lane.
That decision represented a major setback for Roberta Phase II’s landfill plans, but did not necessarily signal that the project was dead.
Thursdays decision by TDEC’s land management division, however, is much more damning. It declared that Roberta Phase II’s requested recertification of the landfill permit issued in 2010 would constitute a “major modification” to that original permit, which could — at least on its face — stop the landfill in its tracks.
Under TDEC rules, a “major modification” triggers the Jackson Law, which gives both Scott County Commission and the Town of Oneida Board of Mayor & Aldermen an opportunity to deny the landfill. Both governing bodies are steadfastly opposed to the Roberta Phase II project.
The likelihood that the case is ultimately decided in court is an important caveat. Scott County thought it had the original landfill at Bear Creek — known today as Volunteer Regional Landfill — stopped in 1989, but a court ultimately ended a three-year legal battle by declaring that the Jackson Law could not be used to deny the landfill. That court ruling has been discussed often since the proposal by Chattanooga- and Atlanta-area investors to move forward with the Roberta Phase II project surfaced a year ago.
However, the political climate in Tennessee regarding solid waste disposal has shifted in recent years, with local communities’ plight in the permitting process for regional landfills highlighted by Murfreesboro’s successful fight to stop an expansion of the Middle Point Landfill there. Local governments, including both Oneida and Scott County, as well as Huntsville, Winfield, and McCreary County, have hired the attorney who led Murfreesboro’s fight to represent them in any potential litigation against the Roberta Phase II project.
At the very least, Thursday’s decision by TDEC would render moot the 2010 issuance of the original Roberta Phase II permit. TDEC has contended that Scott County’s opt-in to the Jackson Law expired in 2010, days before it issued the 24-acre landfill permit. However, the agency had also said in a public notice in February 2010, months before the Jackson Law expired, that it intended to move forward with the issuance of the permit. Thursday’s decision by TDEC was handed down hours before attorneys for neighboring property owners Ralph and Michelle Trieschmann are set to argue in a Davidson County court that TDEC issued that 2010 permit illegally.
Scott County — as well as all three of its municipalities, including Oneida, where the Roberta Phase II permit is located — has renewed its opt-in to the Jackson Law over the past 12 months.
Wednesday’s letter
TDEC on Wednesday officially denied Roberta Phase II’s request for an ARAP, which is necessary before any streams or wetlands can be altered by the construction of a new landfill.
Under Tennessee law, any construction project that would alter a wetland area is required to mitigate the damage by restoring a comparable amount of stream in a wetland somewhere in the same county where the project is located, by paying another entity to restore wetland on its behalf, or by purchasing wetland credits in a mitigation bank.
As proposed, the Roberta Phase II project would fill more than 1,570 linear feet of small stream, and fill a combined 1.01 acres of wetland and pond. Landfill developers proposed to restore 2,600 feet of stream at another location in Winfield, plus buy 1.6 credits from the state’s mitigation bank.
TDEC rejected that plan, citing several reasons. For one, it said that Roberta Phase II’s plans could cause water pollution due to acid rock drainage, both at the site of the landfill and at the off-site stream that developers proposed to restore. The off-site stream contains two threatened species: the backside dace and the Big South Fork crayfish. Secondly, TDEC said that Roberta Phase II’s plan to cover streams with a French drain could result in future water pollution from the landfill itself. The agency further said that landfill developers did not sufficiently demonstrate that there are no alternatives to its proposal that would avoid or minimize damage.
In a nutshell, TDEC requires three things for stream impacts: avoid them completely if there’s a practical alternative that would have less of an impact; if impacts cannot be avoided, take all practicable steps to reduce those impacts; and compensate for impacts through sufficient mitigation efforts. The language of TDEC’s letter indicated that Roberta Phase II’s ARAP application failed to meet all three standards.
Furthermore, TDEC said that Roberta Phase II had not submitted the complete fee required for an ARAP application.
Thursday’s letter
The letter issued by TDEC on Thursday was much shorter, only one page, but perhaps more consequential. In it, James S. Sanders, the director of TDEC’s Division of Land Protection, said that TDEC Commissioner David Salyers had determined that recertification of the 2010 landfill permit would “constitute a major modification.”
Under state law, a landfill permit must be recertified by TDEC if construction does not begin within 365 days after a permit is issued. Permit owners are required to submit an application for recertification at least 180 days before construction can begin, which Roberta Phase II did last summer.
Thursday’s letter was not completely unrelated to Wednesday’s decision, as both hinge on ARAP issues. On Thursday, Sanders said that “the facility’s footprint has been determined to contain additional jurisdictional waters than those described in the original permit, underdrain changes have been proposed, and the required ARAP has not been obtained,” leading the commissioner to determine that the recertification request constitutes a major modification.
Under TDEC rules, minor modifications can be resolved administratively, whereas major modifications require a permit recertification request to go through the same approval process as an original permit. That includes public notice, potential public hearings, and — most notably — local approval requirements.
Knox Horner, the Cleveland, Tenn. landfill developer who has been the public face of the Roberta Phase II effort, had expressed confidence that the recertification process would be successful — even telling local government representatives at a coalition meeting last summer that construction of the landfill would commence in autumn.
However, state Sen. Ken Yager — who joined state Rep. Kelly Keisling to push legislation intended to block the landfill that was ultimately unsuccessful — expressed confidence all along that TDEC would not recertify the permit.
Read Wednesday’s letter:
Read Thursday’s letter:
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Fire ban imposed by Big South Fork NRRA
Big South Fork National River & Recreation Area Superintendent Niki S. Nicholas has imposed a temporary ban on open fires in the backcountry due to dry weather conditions. What does it mean?
• Campfires, ground fires, or cooking fires that use wood or charcoal are prohibited in the backcountry areas of the Big South Fork.
• Portable stoves that use pressured gas, liquid fuel, propane, or alcohol are still permitted in the backcountry.
• Campfires and cooking fires are still permitted in designated campgrounds and picnic areas (frontcountry).
• These designated areas include Bandy Creek Campground, Blue Heron Campground, Station Camp Campground, Bear Creek Campground, Alum Ford Campground, Zenith Picnic Area, Peters Ford Picnic Area, Brewster Bridge Picnic Area, Burnt Mill Bridge Picnic Area, Leatherwood Ford Picnic Area, Twin Arches Trailhead Picnic Area, Blue Heron/Mine 18 Picnic Area, Yahoo Falls Picnic Area, and Charit Creek Lodge.
The temporary fire ban comes as crews continue to battle a large wildfire along the boundary between the Daniel Boone National Forest and Big South Fork in Kentucky. That fire has resulted in temporary closures of the Alum Ford and Yahoo Falls areas of the Big South Fork. The Alum fire had grown to 776 acres as of Tuesday evening, and was only 10% contained.
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Candidate withdraws from director of schools decision
Fairview Principal Scott Cash has withdrawn his name from consideration for the Scott County Director of Schools vacancy, County Attorney John Beaty confirmed this morning.
Cash, who has been the principal at Fairview School for the past nine years, informed Beaty Wednesday morning of his decision. Beaty, in turn, informed the Board of Education, which is scheduled to begin interviewing director candidates Wednesday afternoon.
Cash is a 24-year veteran of the Scott County School System, where he has served as a teacher, coach, and administrator.
Five other candidates are in consideration for the appointment to replace Bill Hall, who is retiring in June after 15 years as director of schools. The remaining candidates include:
• Kenny Chadwell, the current principal at LaFollette Elementary School and 4th District representative on Scott County Commission. He is a 25-year veteran of public education, and worked in the Scott County School System for 15 years as a teacher and coach before moving to the Campbell County School System. He will interview with the school board at 1 p.m. Wednesday.
• Keith Shannon, the current director of the Morgan County Career & Technical Center. He is a 30-year veteran of public education, and worked in the Scott County School System for 22 years as a teacher, coach, principal, and CTE director. He will interview at 2 p.m. Wednesday.
• Daniel Sexton, the current principal at East LaFollette Learning Academy. He is a 23-year veteran of public education, serving as teacher and coach at Anderson County High School before moving into an assistant principal role at Clinton High School in 2021. He will interview at 3 p.m. Wednesday.
• Marc Taylor, the current principal at Scott High School. He is a 29-year veteran of public education, beginning as a teacher and coach at McCreary Central High School before moving into an administrative role there and at Williamsburg. He will interview at 2 p.m. Thursday.
• Jerry Gibson, a current education consultant with Systems That Work and a former director of schools in Texas. He has 17 years of experience in administrative roles. He will interview at 3 p.m. Thursday.
Early voting starts ahead of May primary
HUNTSVILLE | Early voting begins Wednesday for the May 5 county primaries across Tennessee, including Scott County.
The early voting period is April 15 through 30. Voting locations in Scott County including the County Office Building in Huntsville (2845 Baker Highway), and the Oneida Municipal Services Building (121 Municipal Drive). Scott County voters can cast ballots at either location, regardless of where their residence is located within the county. A state or federal photo identification is needed.
In Scott County, there is only one contested race on the May ballot. Seeking the nomination to represent the Republican Party for sheriff are incumbent Brian Keeton and former sheriff Ronnie Phillips. Phillips was sheriff of Scott County from 2012 through 2022, winning election in 2014 and re-election in 2018. Keeton, who at the time was the chief of police in Caryville, defeated Phillips in the 2022 election.
Awaiting the winner of the May primary in the sheriff’s race are two independent candidates: law enforcement veterans Dennis Chambers and Kris Lewallen. The two of them, along with the winner of the May primary, will appear on the ballot in August’s general election.
Other candidates who will appear on the Republican ballot for the May primary include:
• Dennis Jeffers (county mayor)
• David R. Jeffers (1st District county commissioner)
• Allen L. Phillips (1st District county commissioner)
• Adam King (2nd District county commissioner)
• Taylor Buttram Stephens (2nd District county commissioner)
• Kelly Posey-Chitwood (5th District county commissioner)
• Jason Perry (6th District county commissioner)
• Donnie Phillips (circuit court clerk)
• Amanda Chambers Sexton (county clerk)
• Ashley Newport Riseden (register of deeds)
• Kelvin King (road superintendent)
• Rhonda Marlow Davis (1st District school board)
• Stuart Jones (Oneida Special School District school board)
Early voting hours are as follows:
• Wednesday, April 15: 10 a.m. - 2 p.m.
• Thursday, April 16: 10 a.m. - 6 p.m.
• Friday, April 17: 10 a.m. - 2 p.m.
• Saturday, April 18: 9 a.m. - 12 p.m.
• Monday, April 20: 10 a.m. - 2 p.m.
• Tuesday, April 21: 10 a.m. - 6 p.m.
• Wednesday, April 22: 10 a.m. - 2 p.m.
• Thursday, April 23: 10 a.m. - 6 p.m.
• Friday, April 24: 10 a.m. - 2 p.m.
• Saturday, April 25: 9 a.m. - 12 p.m.
• Monday, April 27: 10 a.m. - 2 p.m.
• Tuesday, April 28: 10 a.m. - 6 p.m.
• Wednesday, April 29: 10 a.m. - 2 p.m.
• Thursday, April 30: 10 a.m. - 6 p.m.
Polls will be open at precincts throughout Scott County from 8 a.m. to 8 p.m. on the day of May 5.
ICYMI
Threads of Life: This week’s Threads of Life newsletter is in remembrance of Arvis Blakley, Sue Newport, and Deborah Washam. » Read It
Echoes in Time: This week’s Echoes in Time newsletter takes a look back at the popular Poll-Parrot shoes and their ties to Oneida. » Read It
Hike of the Week: Week #5 of the Spring Hiking Challenge leads us to Colditz Cove and Northrup Falls. » Read It
The Week Ahead
🌥️ Weather: Friday will be warm and dry, with mostly sunny skies and a high of about 83°. Saturday will be about the same, temperature-wise, but we’ll see an increasing chance of showers and thunderstorms Saturday afternoon, then widespread rain will be likely Saturday night as a cold front moves through the region. Sunday looks dry, but with temperatures that top out only around 60°. Check out our daily Eye to the Sky updates on our Facebook page— published each morning at 7 a.m. on the dot.
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📅 Community Calendar
• Saturday: Third Saturday night worship services will be held at Lone Mountain Baptist Church (6p.m.), Capital Hill Missionary Baptist Church (6:30 p.m.), Black Creek Crossroads Missionary Baptist Church (7 p.m.), High Point United Baptist Church (7 p.m.), and House of the Lord (7 p.m.). For more information, see our Church Directory at indherald.com.
• Sunday: Celebrate Recovery, a 12-step program designed to help with addiction, co-dependency and domestic abuse, will be hosted by Fire & Purpose Ministries from 5 p.m. to 8 p.m. at 27192 Scott Highway in Winfield. There will be food, fellowship, praise and worship. Childcare is provided.
Scenic Sale!
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