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Blackman quarry may be violating building permit


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The saga continues in the rock quarry case.

Local resident and neighboring landowner Avent Lane has filed a complaint with the Rutherford County Building Codes Department against Rogers Group’s Murfreesboro-Rutherford County Rock Quarry for allegedly violating its permit.

Lane contends Rogers Group has violated the quarry’s permit conditions by mining rock at a greater depth and working after approved hours.

“We go along for years and things start to get worse and worse and worse,” he said.

The quarry was originally opened in the mid-1980s after the Tennessee Supreme Court ruling forced the county to approve a conditional-use permit for Stone Man to begin excavating at the quarry on Burnt Knob Road.

On the original site plan, Stones Man is given the authority to quarry up to a depth of 60 feet from the existing elevation between the hours of 7 a.m. and 5 p.m.

Lane said Stone Man closed the quarry when it reached 60 feet below the ground surface, but then the ownership was transferred to Rogers Group, which has quarried the pit to 380 feet deep, 80 feet below the water table. And the quarry works past 5 p.m.

“People didn’t like it (Stone Man), but it wasn’t a bad neighbor,” he said, explaining an occasional blast would be felt or some noises could be heard on adjacent property.

“You didn’t know they were up there. All this has just started in the last 10 years,” he continued. Rogers Group took over operation of the quarry earlier this decade.

Rutherford County Building Codes Director David Jones said the department is looking into the allegations and he can’t comment on an on-going investigation.

The county is currently in a lawsuit with the Rogers Group asking Chancellor Robert Corlew to rule on the best course of action regarding a discrepancy in the zoning resolution.

At issue is the setback requirement for resource production and extraction (Section 7.03 of the resolution). In the current resolution, quarries must be set back at least 1,500 feet from surrounding homes zoned Residential 100, R-40, R-20, R-10 and R-8.

But the homes surrounding the Murfreesboro-Rutherford County Rock Quarry are all zoned R-15, as is most of the unincorporated county.

However, a local attorney found the R-15 designation listed in the 1984 Rutherford County Planning Resolution and no supporting documentation that the county commission voted to repeal the R-15 setback requirement.

With the discrepancy and a vocal opposition from the Blackman community, the commission decided it was in the county’s best interest to take the evidence to a judge for a declaratory judgment, which would decide whether the zoning resolution applies to the R-15 setback and if it setback applies to the Rogers Group conditional-use permit request.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.
 
 
 
Tagged under  Avent Lane, Robert Corlew, Rock Quarry, Rogers Group


Member Opinions:
By: ordinaryaverageguy on 12/10/09
Is this reporter serious? Stone Man was so much worse than Rogers Group. Why does she believe a guy who does not even live there and doesn't have a house there. And why not talk to somebody who actually does live near the quarry. Also, shouldn't reporters actually get both sides? Maybe she should have gotten Rogers' side of the story. If she had talked to a somebody who actually lives in the neirghborhood, she'd find out that most us don't care about the quarry and aren't bothered by it.

By: greaterhands on 12/10/09
Could it be that Avent Lane wants publicity. I think so. Getting his picture in the paper and getting to talk to reporters is something he thrives on. Avent Lane love attention. Most neighbors say the quarry doesnt bother them. Not Lane. Apparently he wants to run for office. It will take more than this. Talking he does best, due to his shallow life. Get a job Lane.

By: attagirl on 12/10/09
He doesn't have to live there. He only has to be a property owner.

By: HuskyLover on 12/10/09
Really, greaterhands? Most neighbors aren't bothered by the quarry? I assume that you can back up that statement by proving that you've spoken with most of the people living near enough to the quarry to be affected by it, right?

I've lived in this area since the quarry was first built - my Dad was one of the original land owners to circulate a petition against it locating here back in the 80's - and I can assure you that every single neighbor that lives near me that I've personally spoken to would LOVE nothing more that to see the quarry shut down because it's such a nuisance.

Everything having to do with that place, from the daily blasts that shake our homes to the parade of trucks coming and going down a twisty narrow road, is bothersome and hazardous to the residents' well-being. Yes, Rogers recently hired a street sweeper to keep a portion of Burnt Knob cleaner that is usually is, but even that gets screwed up. Just this afternoon as I crested the knob, the sweeper was there spraying water on the road which had quickly turned into slick patches of ice. Brilliant.

By: Farmall on 12/11/09
How about next time, don't move next door to a rock quarry.

By: Macgyver on 12/11/09
I think you are all missing the point. If the permit says 7 to 5 and no deeper than 60 ft, then they are breaking the rules of the permit. I dive in a few quarries in northern Ohio, Indiana and in Illinois. People don't realize how dangerous an abandoned quarry can be. It’s not like you can just fill it in. Most of the times the county, state or city is left to provide security and assume the liability. A lot of these places want a quarry to be taken over for a recreational purposes cause of liability to the county, city and state. At 380 ft good luck finding anyone to take that place over.

By: MagsOMolly on 12/13/09
I live off of Browns Chapel and on Tuesdays and Thursdays without fail my house shakes. So don't tell me the people who live out this way aren't affected by the quarry. I had a guy come out last summer I think and stick stakes in the ground to measure the seismic activity on my place. Not to mention the well we had to have replaced a few years ago. So I'd be more than happy if they moved elsewhere. Just my 2 cents.


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