Updated 3/24
The following guide is for residents of the Jumpoff community who may be negatively affected by the proposed Tinsley sand quarry on SR156. It includes information about what citizens can do to challenge the development and operation of the quarry and assert their rights as homeowners and Tennessee residents.
Some sections provide specific suggestions about how to monitor and measure the effects of the quarry operation on your property. There are also resources for learning more about how to file a complaint with the Tennessee agencies responsible for granting the necessary permits for the quarry to open and operate, and for monitoring the extent to which Tinsley complies with applicable state and federal laws.
A sustained and coordinated community wide effort is necessary to successfully challenge the quarry. If you have not already done so, please join our google group by emailing [email protected] with your name, address, phone number and email address and request to be added to the group so that you may stay informed about developments moving forward.
If you have information about quarry activity or damage to report to the group, and/or if you need assistance in accessing professional technical assistance, or filing a complaint please email [email protected] with your request. One of the email discussion moderators will follow up with you.
This online guide will be updated with new information as it becomes available. If you discover inaccurate information in this guide, or would like to suggest information to include, please email [email protected] and put Citizen’s Guide in the subject line of your email.
Measuring and documenting changes in your well water
Because quarry operations may affect both the quantity and quality of the water supply, residents are encouraged to hire a certified laboratory to document the composition and quality of their well water and establish a baseline, prior to the commencement of quarry operations. Water quality testing will need to be conducted quarterly.
Stop Jumpoff Quarry and SOCM may be able to assist homeowners on a fixed or limited income, with the cost of water quality testing. If you may need assistance, please email [email protected] and someone will get back to you.
Here is a recent list of all certified labs in Tennessee: https://www.tn.gov/content/dam/tn/environment/water/drinking-water-unit/wr_wq_dw_approved-microbiological-labs.pdf) Note that not all labs test well water, and results from labs whose CERTIFICATION HAS EXPIRED may not be accepted as valid, so please ask the lab for proof of certification when scheduling appointments.
Recommended Lab for well water testing: Tennessee Tech Water Lab, Prescott Hall Room 426, 1020 Stadium Dr., Cookeville, TN 38505 Contact: Phillip Burr 931-372-3538, 02029 Lab ID# pH, conductivity, turbidity, total coliform and E. coli, minerals (calcium, copper, iron, magnesium, manganese, potassium, sodium, zinc), hardness, and IC scan (nitrate, nitrite, chloride, fluoride, sulfate).
Registering a complaint about the quarry’s effect on the watershed (stream, pond, wetland etc..) with the Tennessee Department of Environment and Conservation (TDEC)
The State of Tennessee agency responsible for monitoring water quality and issuing permits for developments that may affect water quality, is the Tennessee Department of Environment and Conservation (TDEC). Their website has information about mission, responsibility and jurisdiction and is located here: https://www.tn.gov/environment/permit-permits/water-permits.html
It is also possible to collect water samples yourself and send the samples to a certified lab by following the step by step instructions found in these videos provided by environmental attorneys at KELP law firm in Knoxville:
https://www.youtube.com/watch?v=AzO7IOKRuzs&t=70s
https://www.youtube.com/watch?v=4bODYxRBlzU
https://www.youtube.com/watch?v=Nx5aAFs_vTM
Information about regulations related to hearings and public participation in any of the permitting processes managed by TDEC can be found here: https://www.tn.gov/environment/ppo-public-participation.html
The complaint process is outlined in Tennessee Code 118(a) COMPLAINT T.C.A. § 69-3-118. Important information about the process, and an online complaint form to file a complaint related to water quality can be found here: Citizen Water Quality Complaints website https://www.tn.gov/environment/program-areas/wr-water-resources/water-quality/citizen-water-quality-complaints.html
The grassroots community organizing group SOCM provides a concise step by step guide for citizen’s to file a water quality complaint under section 118 here: https://www.socm.org/_files/ugd/edbcef_8b2fa7296fc94cc0900c105d0db2e2e5.pdf
“Ask TDEC” form: https://www.tn.gov/environment/ask-tdec-form.html
You can also call the TDEC toll-free at 1-888-891-8332, or write and mail a letter:
Division of Water Resources
William R. Snodgrass Tennessee Tower
312 Rosa L. Parks Avenue, 11th Floor
Nashville, Tennessee 37243
To file a complaint you must have the permit number issued to the offending party (quarry owner/corporation). Information about permits can be found here: https://www.tn.gov/environment/permit-permits/water-permits1/npdes-permits.html and TDEC posts all information about permits, and preexisting complaints and their resolution here: https://dataviewers.tdec.tn.gov/dataviewers/.
The following suggestions are offered by individuals who have previously filed complaints with TDEC related to other nuisance projects in our area:
- Always state on your complaint – including a complaint on the TDEC form(s–) that this is “a 118(a) complaint” as the statutory procedure and deadlines must be applied by TDEC.
- Document your complaint with a detailed statement of time, place, and nature of the pollution. Include photos wherever possible. Photos that are printed out should also be annotated or accompanied by the information provided automatically by digital camera (recording of the date, etc.). Provide GPS coordinates whenever possible or use the nearest cross streets and other directions.
- Be sure to sign and include your name, address, e-mail address and telephone so TDEC can acknowledge your 118(a) complaint and let you know in writing what action they have taken.
- You may and should file a complaint each and every day when a violation continues.
- Follow up complaints may need less documentation but should still include dated photos and the statement that the pollution has not stopped and that the offender has not taken corrective action as far as you can see.
- TDEC accepts anonymous complaints but the 118(a) process doesn’t work if you do not identify yourself. There may be a good reason to call in an anonymous complaint. You might later send someone else to check the complaint files at your local TDEC office to see if an anonymous complaint was investigated and the outcome.
- You should receive an acknowledgment of your complaint which will say that TDEC will investigate. The investigation will usually be conducted by staff from the TDEC Environmental Field Office (EFO) having jurisdiction in the county whey the incident occurred:https://www.tn.gov/environment/contacts/about-field-offices/field-offices/chattanooga.html You can call the EFO and talk with the staff person assigned to investigate the complaint, provide more information, particularly about ongoing or repeated incidents of pollution at the site, and review the notes from TDEC field visits and photos and email and other communications from the EFO to the Enforcement unit at TDEC HQ in Nashville.
- Review the TDEC Response
- You should receive a letter within 90 days telling you what TDEC thinks it has found and what it has done to end the water pollution and prevent it from happening again
- This is a good time to review the TDEC file on your complaint – look for reports of site visits and details of any instructions to the site operator about what must be done to stop and prevent water pollution.
- T.C.A. Section 118(a)(3) – If the commissioner fails to take the action stated in the notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure.
- A letter or more formal petition can be used to appeal for Board review. The request for appeal must assert that the TDEC enforcement response to your complaint is “inadequate”. Only 30 days is allowed to file a petition for review by the Water Board from the notice of TDEC’s action on your complaint.
Documenting the structural integrity of your residence with a home inspection before blasting begins
The aggregate industry often claims that it has safeguards in place to protect local residences from blasting damage. Unfortunately, state and local government officials often side with the industry in claiming that there is little scientific evidence to support homeowner contentions that blasting is causing cracks and other problems in home walls, floors and foundations. Meanwhile, a scan of local news articles across the U.S. including in Tennessee, reveals credible accounts of homeowners who live near quarries documenting significant damage to the structural integrity of their homes that occurred after the initiation of quarry blasting in the area. We will add additional information to this section as we learn more about successful legal challenges to quarries by homeowners. Home inspectors certified in the State of Tennessee can be found here: https://www.nachi.org/certified-inspectors/browse/us/tennessee
Home owners may want to consider documenting the current (pre-blasting) condition of their home through a certified home inspection.
Documenting and filing complaints related to blasting
Information about the state of Tennessee’s rules and regulations regarding blasting can be found here:
https://www.tn.gov/commerce/fire/permit/licensing/blasting.html
To hold Tinsely accountable for any and all quarry related property damage, it is essential that as many affected homeowners as possible file complaints with the State. Blasting complaints should be directed to the State Fire Marshal. The Fire Marshal’s office phone number is 615-741-7190. You can also file an online complaint here: https://www.tn.gov/commerce/fire/permit/licensing/blasting/consumers/complaint.html
Procedure for filing a complaint:
- The identity of the person making the complaint will be kept confidential during the investigation, but becomes public record once the investigation is complete.
- Each complainant should have the following information available when calling the State Fire Marshal’s Office:
- Complainant’s name, address, city, state, zip code, and telephone number(s)
- Location of complaint including both city and county.
- Person or company causing the complaint, including address, telephone number, license numbers, etc.
- Description of complaint, dates, and times of incidents.
- Complaints will be routed to the responsible inspector for investigation.At no time during the investigation are records open to the public. Investigation information is confidential until the matter has come to a conclusion.
- At the conclusion of the investigations, the complainant is notified in writing as to the final outcome and the records become public information.
Documenting and Filing a Complaint related to Air quality
We expect to have access to equipment that will assist in measuring and monitoring air quality at the proposed quarry site. More to come on that…..
TDEC oversees an Air Pollution Control Board that holds monthly meetings. Citizens can join these meetings via webex video links are posted on their webpage each month here: https://www.tn.gov/environment/about-tdec/boards-and-commissions/board-air-pollution-control-board.html
Citizens can sign up to make public comments virtually at the Air Pollution Board meetings. For 2024, the air pollution Board meets on:
February 14, March 13, April 10, May 8, June 12, July 10, August 14, September 11, October 9, November 13, December 11
Complaints related to air quality and pollution can be filed online here: [email protected]
and by writing a letter to: Ms. Michelle W. Owenby, Director, Division of Air Pollution Control, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243