BEDFORD COUNTY, Tenn. (WTVF) — A land-use dispute is brewing in Bedford County. Neighbors say mining and quarrying are happening on two properties zoned for agriculture, while the owners insist they're digging ponds for cattle. Now, neighbors are demanding answers.
NewsChannel 5's Megan Scarano received several messages asking her to look into what was happening on the land.
According to the landowner's attorney at a September Bedford County BZA meeting, the land is owned by extended family who farm the land, along with other parcels in the county, as one operation. Frankie Shoemake lives along Fairfield Pike, which he says he is about 250 yards, as the crow flies, away from one of the properties at the center of the debate.
"I had a pretty good-sized one right here, I think," he said, walking us around his home, pointing out several cracks in the foundation and ceiling.
One thing he's noticed at the site is the blasting. Shoemake had a contractor come out and look at his home. He says he was told the blasting could have caused the damage.
"Some of them are not too bad," he described. "But every now and then (it's) like an earthquake. It shakes the whole house."
For Shoemake, the blasting isn't even the worst impact of the operation. It's the dust from trucks hauling product off the property.
"When I couldn't sit on my porch for 10 minutes in the afternoon, you just see dust all in the air, and you breathe it, and I've got a problem with that."
Shoemake hasn't had the cracks in his home fixed, but it's a different story for Jonathan O'Neal. He and his wife own the property where his mother-in-law lives, which is about a mile down the road from Shoemake.
"Probably three, four, $5,000 probably in foundation repairs that we've done," said O'Neal.
The other property of concern sits along Highway 64. O'Neal and several others hired an attorney to file an appeal of the county BZA about the use of the land.
"We were told they were building these farm ponds and then once we dug deeper, it's like, these are not just your typical farm ponds. These are lakes," he said.
They believe a mining and quarrying operation has been going on for three years. The land is currently zoned for farmland. According to the Bedford County Zoning Ordinance, mining and quarrying is permitted in M-2 Special Impact Industrial District.
"The big issue we've had from the beginning, because of the way this is all put together, by them being able to claim this is protected activity under the Right to Farm Act, the neighbors don't have a right to be heard," said O'Neal. "So, if they don't like this happening in their area, they've got no recourse."
On Sept. 17, residents packed a county BZA meeting to air their frustrations with the properties.
"The actions by a few are violating the property rights of the many all around them," said one woman.
Attorney Tonya Austin represented the property owners at the meeting. She defended their right to build what she referred to as a reservoir and a pond to support their cattle because it's for their farm.
"If the activity being done is for an agricultural purpose, then it's not something the county can prevent. In this particular case, it's uncomfortable because the activity being discussed is its excavating, there's blasting involved, there's dust involved, other things that come along with a quarry, but the end result is a pond," she said to the board.
Austin said the end of the digging and excavating at the Fairfield Pike location is nearing its end, although she did not provide a specific end date. Bedford County Planning Director Chris White estimated the Highway 64 project was 30% done. White defended the county's decision to allow the operations on the land due to the Right to Farm Act and who he believes enforces it.
"I think a lot of people assume because you call it a quarry that it automatically falls under our M2 regulations for a quarry. If it is an irrigation pond for a farm, regardless of what it looks like and regardless of how you get that to make that irrigation pond, we all know they are going to have to blast and dig out this stone in order to achieve that, but that in and of itself does not convert it to a quarry," White said. "That's why we have to look at it differently. I have to look at it like what is the underlying use going to be. Now can people lie to me? Absolutely."
After about three hours of public comment, questions from BZA board members, and presentations from the attorneys, the BZA voted to overturn the decision to let work continue on the properties. On September 28th, the county issued a stop-work order to the property owners, who have since appealed back to the BZA. The owner's appeal is scheduled to be heard at the November Bedford County BZA meeting.
Now, Shoemake is left wondering how much longer it will take to feel any sense of relief.
"I've got to get rid of this dust. I can fix the house; I can't fix myself. I'd like to live a little longer," Shoemake said.
During the BZA, the company operating off the pieces of land was referred to as Hawkins and Price LLC.
The company released the following statement to NewsChannel 5:
"Thank you for your inquiry. We are not providing comment on this pending legal matter other than to say we are confident the truth will prevail."
While the county did not answer specific questions, it did release the following statement to NewsChannel 5:
"The morning after the Board of Zoning Appeals decision, Director Chris White sent a notice – not a formal stop work order – advising the property owners of the BZA’s decision. They stopped, but then after filing an appeal they resumed operations, claiming they had the right to do so during the appeals process.
The county then issued an actual stop work order late in the day on Monday, Sept. 28. The property owners have appealed that.
The county has hired attorney Bill Rieder of Hull, Ray, Rieder, Lane & Huffer in Tullahoma to defend the BZA and its decision in this matter as well to represent the county with any litigation if any occurs. This firm is familiar with issues related to mining and quarrying."
Do you have more information about this story? You can email me at Megan.Scarano@NewsChannel5.com
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