TTA/CTC Rock Mining News

State, company reach tentative deal on Cumberland Trail mining dispute

2009-12-11T09:44:00.001-06:00

http://www.timesfreepress.com/news/2009/nov/27/state-company-reach-tentative-deal-on-cumberland/

By- Andy Sher
Friday, Nov. 27, 2009

NASHVILLE -- Tennessee officials tentatively have agreed to pay a Florida-based company $500,000 for partial mineral rights to about 4,200 acres along Walden's Ridge near Soddy-Daisy.

If accepted by the state and the company, Lahiere-Hill LLC of Florida, the agreement would end a nearly three-year court battle over the company's "harvesting," or commercial digging, of what's known as "mountain stone" in and around Cumberland Trail State Park. Such stone has become very popular for use in home patios, fireplaces and facades.

Members of the State Building Commission's Executive Subcommittee unanimously approved the proposed settlement this week.

"We consider this process today to be the first step in that approval process," Elizabeth McCarter, senior counsel in the state Attorney General's Environmental Division, told subcommittee members.

Ms. McCarter said the state is getting what it wanted all along, noting "that was our desire from the very beginning -- to make sure this trail could remain secure for the public and for recreational purposes."

The dispute began in early 2007 when hikers reported that contractors for Lahiere-Hill, which owns mineral rights on the property, had moved front-end loaders and other large machinery into the park to tear rock from ravine walls. The rubble wound up blocking the trail, Ms. McCarter said.

Attorneys for the state, which owns the property's surface rights -- which are different than mineral rights -- marched into Hamilton County Chancery Court with a request for an injunction, arguing that, under Tennessee law, mineral rights did not include mountain stone because the stone is not technically a mineral.

The case has rolled around in various courts ever since, but the lawsuit will be dropped if the tentative agreement is accepted.

The proposed agreement now goes to the full State Building Commission. If approved there, it would require the consent of the governor and the state comptroller of the treasury before going into effect, officials said.

Attorney Rick Hitchcock, of Chattanooga, who represents Lahiere-Hill, said he was unable to comment on the matter at this point.

"This involves litigation and settlement in discussion, and I'm not really in a position to speak," he said.

Joe Sanders, chief counsel for the Tennessee Department of Environment and Conservation, said of the proposed settlement that "I think it's a very good deal."

Tennessee already owns the surface rights to the land, and the agreement calls for the state to purchase partial mineral rights on about 1,811 acres along the Cumberland Trail.

Lahiere-Hill would retain oil and gas rights and have the legal right to tunnel under the park to reach minerals on other property it owns.

As part of the deal, Lahiere-Hill also would give up its ability to take stone through the mineral rights it holds on another 2,400 acres of land -- also part of Cumberland Trail State Park -- in the North Chickamauga Creek area. The company would retain its other mineral rights on that land.

The dispute put a spotlight on tensions on Walden's Ridge and the Cumberland Plateau as companies or contractors increasingly go onto state or privately owned land where they hold mineral rights, arguing that mountain stone is a mineral and they have a right to claim it.

Attorneys for three conservation groups -- the Cumberland Trail Conference, Save Our Cumberland Mountains and the Sierra Club -- jumped in and filed to intervene legally in the case.

One of the groups' attorneys said, if the claims of Lahiere-Hill were upheld, "it could open the door to this kind of rock extraction on thousands of acres of public and private lands against the wishes of the surface owners."

The issue moved into the Legislature, where the Bredesen administration pushed a bill to protect owners of surface rights, including the state. That drew condemnation from some lawmakers who blocked the measure and accused the administration of infringing upon mineral owners' rights.

This year, lawmakers passed a more limited law covering land on which the state has surface rights. The law requires rock "harvesters" to post a bond to guarantee they will restore the property after they're done.

AGREEMENT DETAILS

* The state would purchase partial mineral rights from Lahiere-Hill on about 1,811 acres along the trail in Hamilton County. The state would own coal rights and the company would abandon its claim to sandstone rights. Lahiere-Hill would retain its oil and gas rights.

* Lahiere-Hill also would give up its ability to take stone through mineral rights it holds on another 2,400 acres of land -- also part of Cumberland Trail State Park -- in the North Chickamauga Creek area. The company would retain its other mineral rights on the land.

Source: State officials, Tennessee Department of Environment and Conservation

Both environmentalists and business interests claim legislative victories.

2009-07-03T13:53:00.002-05:00

Sunday, June 28, 2009
Tennessee: Green issues? Call it a split
Both environmentalists and business interests claim legislative victories.

By- Andy Sher

http://timesfreepress.com/news/2009/jun/28/tennessee-green-issues-call-it-split/?local

NASHVILLE — Tennessee environmental groups and business interests clashed repeatedly over water and other environmental issues in this year’s General Assembly, but both sides are walking away claiming some significant victories.

“We started out with 14 bad bills, and we got half of a bad one,” said Renee Hoyos, executive director of the Tennessee Clean Water Network.

Wayne Scharber, vice president for environmental regulation at the Tennessee Chamber of Commerce & Industry, said, “I think we did well” in the legislature this year, calling it a “responsible year.”

Environmentalists say one of their major victories was their unexpected, last-minute success on the House floor in blocking coal industry-pushed legislation to relax standards for the release of selenium into streams and rivers.

“The reality is I don’t think the people of Tennessee are really excited about putting pollutants like selenium in water and telling them it’s OK,” said Tennessee Conservation Voters Executive Director Chris Ford.

Selenium, which can be healthful in tiny amounts, is toxic in large doses. Both sides quarreled over the safety of substituting current state standards for other standards proposed but never adopted by the U.S. Environmental Protection Agency under the Bush administration.

“Various people have got different perspectives about it,” Mr. Scharber said. “They (critics) want to react to it in an extreme situation rather than analyzing what are the real facts about it.”

The selenium bill failed on a 49-41 vote on the House floor. It needed 50 votes to pass.

“I can understand and certainly empathize with people who want to protect the environment, but it’s not just like there’s something under every rock that will kill us,” said Rep. Richard Floyd, R-Chattanooga, a House Conservation and Environment member who supported the bill. “The amount of selenium that we proposed was not out of line.”

Meanwhile, a coalition compromising the Tennessee Chamber, developers, road builders, the coal industry and the Tennessee Farm Bureau Federation, is celebrating passage of legislation revising what is classified by the state as a stream subject to regulatory oversight.

One section of the bill, signed into law last week by Gov. Phil Bredesen, provides property owners, developers and farmers more guidance on when a watercourse is considered a stream and when it is a “wet weather conveyance” that flows only in response to runoff from precipitation.

“That was great,” said Chuck Laine of the coal industry-lobby group FACTS, noting it would “let us determine what’s a ditch and what’s a stream. If it supports aquatic life, it is a stream.”

But environmental groups are irate over a provision that allows outside hydrologists hired by property owners to decide whether a watercourse is a stream or a wet weather conveyance. The state Department of Environment and Conservation would have 30 days to review the hydrologist’s determination and another 30 days to raise detailed objections and reject it.

“The mainstream environmental community opposed this all the way through. We just lost,” said Tennessee Conservation Voters contract lobbyist Stewart Clifton, calling the hydrologist provision a “crazy scheme” to let privately paid consultants direct state policy.

Mr. Scharber, however, said the issue has “been blown out of proportion in saying that just by hiring a person, you automatically have a right of that being absolute. It’s not.”

“We were arguing a point the department was not being responsive, and obviously, if you look at some of the time frames spent on rendering decisions on applications over the years on these permits ... they were not being as timely and responsive as they should be.”

Rep. Floyd, meanwhile, said he was pleased by passage of legislation aimed at better protecting state parks from “rock harvesters.” The bill was brought in response to the stripping of rock from Cumberland Trail State Park near Chattanooga by Florida-based Lahiere/Hill Partnership, which owned the mineral rights to the land.

It redefines “mineral” to include stone when it is located on state land. The bill says rock miners must obtain a permit and post a bond assuring they will repair damage before they can begin mining on state property. Rep. Floyd said he wanted to include private property owners but he feared it could have caused the Bredesen administration-backed bill to fail as it did last year.

“I’m coming back this next year with bills to protect private landowners to work out something that would protect them like the state parks,” Rep. Floyd said. “I didn’t want to mess their bill up.”

Rock mining legislation falls short, some say

2009-05-28T08:04:00.000-05:00

Sunday, May 3, 2009 , 12:00 a.m.
By: Pam Sohn
Chattanooga Times Free Press
http://www.timesfreepress.com/news/2009/may/03/rock-mining-legislation-falls-short-some-say/

Tennessee legislation intended to protect state-owned property from rock miners is winning limited praise, and many want to know why it doesn’t apply to private landowners.

“I’m glad to see they’re getting what they’ve got. It will help the Cumberland Trail. The only problem is it doesn’t go far enough to protect the private landowner,” said Barbara Levi, a former Save Our Cumberland Mountains president and longtime member.

Tennessee Department of Environment and Conservation spokeswoman Tisha Calabrese-Benton said the bill, now on its way to Gov. Phil Bredesen for his signature, requires rock harvesters to get a permit and post a bond before rock harvesting on state property.

Before the legislation, the state’s only regulatory authority over rock mining was through water pollution permits.

“We believe this is a good step in protecting the taxpayers’ investment in state-owned land from the effects of rock harvesting,” she said.

John Savage, a landowner in Grundy County, fears the new legislation could be detrimental to private landowners.

“One possible outcome for this bill will be that rock mining operations will turn their attention away from state-owned lands to privately held lands,” he said. “This would not be a desirable outcome.”

Last year, a similar administration bill that did protect private lands was defeated when rock mining interests swamped lawmakers with complaints.

Representatives of the rock mining industry could not be reached for comment Friday.

After the new bill passed last week, Rep. Richard Floyd, R-Chattanooga, said he hopes to bring legislation that will provide similar protections for private landowners.

Prompted by the rock-mining destruction several years ago of about 100 yards of the Cumberland Trail, the Bredesen administration-drafted measure redefines “mineral” to include stone when it is located on state land. Rock miners must obtain a permit and post a bond assuring they will repair damage before they can begin mining on state property, according to the bill.

Rock mining, a form of strip mining to obtain Tennessee mountain stone now popular throughout the country for home building and landscaping, has become a point of debate in the Cumberland Plateau region.

In the early age of timbering and of coal mining in the Appalachians, many poor land owners sold those rights. When the property was sold the mineral rights could not be conveyed with it, so many landowners don’t own the mineral rights to their land. Rock miners have used mineral rights to obtain the stone.

“For someone to be able to come in on your land and remove rock is not right,” Mrs. Levi said. “When these laws were written about mineral rights 200 years ago, they were talking strictly about coal and oil.”

Tennessee: State wants damages for rock mining

2008-11-09T20:26:00.002-06:00

From the Chattanooga Times Free Press
By: Pam Sohn

Tennessee officials want to amend a legal complaint over rock mining to seek additional damages now that mining has continued in the Cumberland Trail State Park for more than 18 months.
The request to amend the state’s initial complaint says Hamilton County Chancellor Frank Brown’s ruling last year not to grant an injunction against mining except on the narrow Cumberland Trail itself — as well as the subsequent wait through the appeals process — allowed unnecessary damage to park property.

“Since the court’s temporary injunction order of April 2007 only protected the trail proper, extensive damage has been caused to the state’s surface estate on that portion of the park property on which this court allowed defendant to continue its harvesting activities unimpeded,” states the motion, filed in the case brought in February 2007 by Tennessee Attorney General Robert E. Cooper Jr. and Tennessee Department of Environment and Conservation Commissioner Jim Fyke.

The mined rock, known as Tennessee mountain stone, increasingly is used for decorative landscaping and home building.

Sharon Curtis-Flair, spokeswoman for the Tennessee Attorney General’s office, declined comment, noting the case remains under litigation.
The attorney for the mineral rights owner and miners, Chattanoogan Rick Hitchcock, also would not comment.

But the chairman of the Cumberland Trail Conference, a private park support group that funds trail building but is not part of state government, was pleased with the request.
“There’s just an awful lot of damage. It looks very much like a strip mine,” said David Reister. “When I think about it as being a state park — if they did all that damage, it certainly makes some sense” to seek damages.

In August, when the Tennessee Appeals Court sent the case back to Chancellor Brown, jurists said the mineral rights owner had the right to mine minerals from beneath the property, but not the right to damage the surface property. Since rock mining is a strip-mining process and can’t be done by tunneling beneath the surface, the state now wants to seek recompense for all of the mined area.

A hearing is set on Nov. 17 to hear the motion. The case began early in 2007 when Cumberland Trail Conference workers and state officials discovered a portion of the Cumberland Trail near Soddy-Daisy had been destroyed by rock miners hired by the mineral rights owners, Elmer C. Hill and Lahiere/Hill Partnership in Destin, Fla.

The property is owned by the State of Tennessee and is part of the 300-mile long Cumberland Trail State Park. The state, saying more than 450,000 acres of public and private property was at risk, sought an injunction in Chancellor Brown’s court to stop the mining anywhere on state property. Chancellor Brown ruled in favor of the mineral rights owner, restricting the mining only within 25 feet of the Cumberland Trail itself. Earlier this week and on the heels of the case being returned to Chancellor Brown, a group of outdoors and environment organizations — Save Our Cumberland Mountains, the Sierra Club and Mr. Reister’s Cumberland Trail Conference — filed a motion seeking to intervene in the rock-mining lawsuit.

http://www.timesfreepress.com/news/2008/nov/08/tennessee-state-wants-damages-rock-mining/?local

Hike to raise awareness a success!

2008-09-16T10:39:00.003-05:00

Our TTA multi-chapter hike was a great success with 35 hikers coming from 7 different Tennessee Trails Chapters to hike the Soddy Segment of the CT.

Here is a trip report from Don Deakins of the Soddy Daisy Chapter...

Weather on this hike was far from optimum... temperature was high and the humidity was higher. Despite unfavorable conditions, this far ranging crowd from all over middle and east Tennessee was able to tour areas of destruction caused by rock mining and still complete the hike in allotted time. Thanks to Tony and Millette Jones for organizing an excellent event. Excerpts from video recorded during this event are available here.

This is a 6 minute high quality video and therefore a very large 316 meg MPEG-4 file that requires Quick Time Player to view. Everyone should have Quick Time Player, but if not, get it here.

Slide show of Brandy's pictures from this event.

Hike to the Soddy Creek Segment- Sept. 13

2008-09-08T12:03:00.003-05:00

Join us for a multi-chapter Tennessee Trails Association hike to the Soddy Creek Segment of the Cumberland Trail.

We will hike from the Hotwater Rd. trailhead in Soddy Daisy to view the devestation caused by the rock harvesting. The hike will be about 6 miles moderate. Bring water, snacks and a trail lunch. We will eat dinner at the Cookie Jar restaurant after the hike. Wear sturdy shoes and consider long pants to protect from Poison Ivy and hiking poles to help with the loose rock through the section where mining is taking place.

So far we've had people sign up from our Murfreesboro, Clarksville, East Tennessee, Soddy Daisy and Nashville Chapters. For more info contact Millette Jones at 615-397-9588 or millette.jones@comcast.net

Sign up early as there is limited parking space at Hotwater Rd. and we may need to leave some vehicles at the ballfields in Soddy.

Rock Mining Decision

2008-08-07T09:41:00.002-05:00

Here is a link to the recent court decision if you would like to read the full text.

State of Tennessee v. Lahiere-Hill, LLC

http://docs.google.com/Doc?id=ddp4xg5k_1c8t6hmsx

Rock Harvesters dealt a blow!

2008-08-01T11:02:00.005-05:00

From The Tennessean by Staff Writer Anne Paine

A commercial rock harvesting operation that has been digging stone out of the Cumberland Trail State Park has been dealt a blow.

The Tennessee Court of Appeals struck down a lower court ruling that basically approved the company's unfettered taking of rock from the surface of the parkland and mining it from underground.
"They have reversed the lower court's opinion and sent it back," Nashville attorney Gregory Buppert said after receiving a copy of the ruling today."This is very good news for the Cumberland Trail State Park."Buppert is co-council with Sarah Francisco, who is with the Southern Environmental Law Center, in representing "friends" who have filed in support of the state of Tennessee.

The state filed the lawsuit and had appealed the earlier ruling by the court in Chattanooga. Groups backing the state's effort include the Sierra Club, Nature Conservancy, Land Trust for Tennessee and 11 other conservation and environmental organizations.

The issue centers around mineral rights and whether owning the rights brings with it the right to take limestone and other rock from the surface and dig for it.Harvesters have been tearing up land - mainly on the Cumberland Plateau - to provide decorative stone for upscale homes and walkways around the region.Unlike with coal mining, there are no laws requiring the land to be returned to the way it was when the work began.

http://www.tennessean.com/apps/pbcs.dll/article?AID=/20080731/NEWS0201/80731118

View a full slideshow of the photos above here:

http://picasaweb.google.com/tta.boro/CTSoddySegment608/photo#s5215920790523726418

Hike Report- Cumberland Trail Rock Mining Reconnaissance

2008-06-25T16:31:00.001-05:00

From the Blog of Tennessee Trails Association- Murfreesboro Chapter... www.ttamurfreesboro.blogspot.com

There was an impromptu scouting hike on Saturday to the Soddy Creek Segment of the Cumberland Trail. Our mission was to hike the section of the CT where rock mining is known to be underway and to find any evidence of new rock harvesting in the area. Led by Martin McCullough there were seven hikers on the trip: Martin, Nabil Wakid, Rad Smith, James Smith, MaryBelle Ginanni and Tony & Millette Jones. We began where the trail crosses Hotwater Rd. and ended our trip at the site of the rock mining operation, about 6 miles or so including some road walking.

The good news is that there was no "new" rock mining occuring however we noted the appearance of blue tape and blue flags at least 100 yards (possibly more) from the main rock mining site. Martin informed us this is how the rock miners mark what they plan to destroy...er...harvest next. All I can say about the trip is that for the first 5 miles it was a great day; good company, lively conversation and beautiful scenery. I'll let you view the slideshow yourselves to draw conclusions about the final leg of our journey. We will be leading a scheduled hike to this spot in the near future and I hope everyone will make time to join us on that trip.

Slideshow with pix by Nabil Wakid and Millette Jones...http://picasaweb.google.com/tta.boro/CTSoddySegment608/photo#s5215920790523726418

or just view the pix...http://picasaweb.google.com/tta.boro/CTSoddySegment608

State Funding for CT threatened

2008-05-15T20:30:00.002-05:00

The governor is seriously contemplating diverting funds from the real estate transfer tax to balance the state budget. That revenue has been critical funding for a lot of conservation efforts, including land acquisition for state parks, including our favorite one. Please contact the Governor’s office at 615-741-2001 and register your opposition to this move. If you want to read the short piece below, it will help explain what has been proposed. It is copied from the web site of the Tennessee Environmental Council, which can be accessed at
http://www.tectn.org/Issues-Land-Aquisition.htm

Thanks for all you do for the trail and for conservation – your help is really important now! Please forward this message at will – and make a call today. I talked to them this morning and was told they are getting a lot of calls. Please add yours to the count.

Best, Nora Beck

Nora BeckLand Conservation CoordinatorTennessee Parks and Greenways Foundation1205-A Linden AvenueNashville, TN 37212Phone: 615-386-3171; Fax: 615-386-3115www.tenngreen.org

"Budget Should Not Be Balanced On the Back of Dedicated Environment and Conservation Funds" (an opinion piece by Will Callaway, Executive Director, TEC)

There is no doubt that Governor Bredesen faces a monumental task in getting Tennessee’s fiscal house back in order. The budgetary mess left behind by the previous administration demonstrates what many have been saying for years: this is no way to run a government.
The governor’s efforts to halt the budgetary red ink are commendable and statutorily required. However, no member of the “Tennessee family,” as Bredesen phrased in delivering his budget, should be abandoned entirely. While most elements of state government will be impacted by the roughly nine percent cuts, some would be eliminated, entirely.

Through statutory changes requested in the governor’s budget, the following dedicated funds may be eradicated, channeling all revenues to the general fund:
Wetland Acquisition Fund
Local Parks and Recreation Fund
State Land Acquisition Fund
Agricultural Resource Conservation Fund

Through a portion of the real estate transfer fee the legislature created a dedicated revenue stream to address environmental and conservation goals in the state. Land acquisition for parks, wetland protection, agricultural conservation and many other valuable policy objectives are met through use of these dedicated funds. Taxes are levied with the intent and assurance that the revenues will be used for specified purposes.

Since their inceptions the Wetlands and State Parks Acquisition Funds have invested $97,404,146 to acquire 236,468 acres for the state. The Agricultural Resources Fund and the Local Parks Land Acquisition Fund have invested more than $54,473,000 in nearly 15,000 projects that affected all 95 Tennessee counties. Instead of taking a percentage of the funds, as is the case in most other areas of government, the governor’s legislative effort (introduced as SB 1991 and HB 2073) aims to transfer 100 percent of the revenues to the state’s general fund and changes the statute to make the diversion of funds permanent.

This is no way to run a government, either. Making statutory changes through the budget process is almost always bad business. These dedicated accounts must remain intact.
Members of the environmental community are not asking that the funds be exempt from sharing the burden, but do not eliminate them in a shortsighted rush to find every penny available.

The legislature should maintain the Tennessee code, as written, for all these funds. A one-year diversion of nine percent of each fund is appropriate given current budget conditions. This diversion should not be permanent. Like all other budgetary items, the use of the dedicated funds should be revisited next year. After all, we hired the governor and the legislature to do their job every year.

Budget problems should not be an excuse to raid long-standing, dedicated funds that serve so many constituents. We’ll all share the burden, but let’s do it in a fair manner.

Rock Mining bill killed for this session.

2008-04-24T17:33:00.000-05:00

Cumberland Trail Supporters:

I want to take this opportunity to update Cumberland Trail supporters about the rock mining legislation. First, I want to thank everyone that has helped with this issue. I do believe our voices have been heard. Regrettably, Senate Bill 4198 has been “pulled” from the Administration’s legislative package. What does this mean? Unfortunately, all rock-mining bills have been withdrawn (killed) for this legislative session. A compromise on the bill could not be reached. Supposedly, a summer workshop is to take place to reconcile the bill and the new bill will be possibly introduced the next legislative session. For now, there will be no laws to protect surface owners from having their property stripped of its surface and the devastated landscape left in its place.

I have been in Deep Creek Gorge several times, before and after the rock mining. Before the rock mining, I remember volunteering to build the trail in this area. I recall how green the gorge was with its mountain laurel and trees and the sound of Deep Creek flowing in the background, a genuine place for escape from the hustle and stress of modern life. After the mining, a barren landscape of rocks and destruction, void of its green splendor, roads ripped through the middle of it, truly sad. There is one impression that continually plays in my mind when I think of the destruction of Deep Creek Gorge. There is a mature hemlock tree that I would guess has about a 4-foot diameter. This tree has lived for many decades possibly for over a century, there near the stream. I am humbled by the effort this tree put forth to survive and grow for so many years in this rocky gorge. Now, large sections of its bark have been torn off because heavy equipment and rocks have banged into it, roots ripped from around its trunk, a tree that has survived coal mining and clear-cutting left standing only to die within a few months. I cannot help but think what a high price to pay for a pile of rocks.

Tony Hook
General Manager
Cumberland Trail Conference

Rock Mining- Senate Committee Hearing

2008-04-22T19:05:00.001-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com April 22, 2008

From Tony Hook- GM of the CT......

Cumberland Trail supporters:Please check out the links and if you can, please attend the Senate Committee hearing. We need our lawmakers to know that we support bill 4198. I will be there and hope to see you there. If you cannot attend, please call the lawmakers and let them know your thoughts about this issue.

Senate Committee will be meeting in Room 12 on SB 4198 @ 1:00pm*HB4198/SB4198

Here is a link Tony sent for a blog created by the rock miners it's interesting to read what their point of view is on this.....Rock miners link: http://tdec.silvarastone.com

Cumberland Trail in trouble....

2008-04-22T19:03:00.001-05:00

ORIGINALLY posted at ttamurfreesboro.blogspot.com April 20, 2008

From Tony Hook, Murfreesboro TTA member and CT General Manager...

The surface rock mining issue has come to a cross roads. Lahiere-Hill, mineral rights owner, has hired a Hamilton County lobbyist to fight the legislation and others are seeking to stop the law suit. In both issues, the main question being settled is, can the mineral rights owner completely destroy the surface to extract the desired product (rocks) and leave the surface damaged? At present, the answer is YES! Regardless, of the surface owners objections. Does this seem right?

Some people are saying, ”buyer beware”, who cares if a public park is being destroyed? Does this attitude benefit the public and the environment or just a select group of mineral rights owners. You hear much about massive global problems, and the difficult choices that have to be made and on the surface is be very daunting, but the rock mining is an issue here, with very achievable solutions. However, we all have to act together.

I ask each of you to check out the links below. Contact the law makers listed in the article and then contact your lawmaker and ask them to support the bill. Now is the time to be heard about this issue, we will not have another opportunity. The other option is to do nothing and allow the trail and its surrounding unique environment to be destroyed a dump truck load at a time.

Tony

http://www.tennessean.com/apps/pbcs.dll/articleAID=/20080415/NEWS0201/804150365/1009/NEWS01

http://timesfreepress.com/news/2008/apr/15/groups-back-state-lawsuit-rock-mining/?local

Rock Mining bill stalls...

2008-04-22T19:01:00.001-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com April 20, 2008.

Sent from Jim Schroeder:

A Bredesen administration bill that would put new restrictions on rock mining stalled Wednesday in the House Government Operations Committee amid industry concerns and Republican opposition.

In April 17th Chattanooga Times: http://www.timesfreepress.com/news/2008/apr/17/compromise-mining-bill-crumbles/

Rock Mining bill in trouble?

2008-04-22T19:00:00.001-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com April 15, 2008

From Jim Schroeder.....

I wanted to quickly pass along to you a prompt response that I received to the e-mail that I sent earlier this evening about the proposed rock mining legislation being on the agenda of meetings of Tennessee House and Senate committees scheduled for tomorrow, Wednesday, April 16, 2008. The person who responded has been a close observer of the progress of the rock mining legislation and stated that "it looks like this bill is in real trouble.

They expect over 300 rock miners to show up for the committee meeting. The legislators have heard lots from the rock miners. They have not heard from landowners. TTA has generated letters, but I am afraid not enough. The rock miners are presenting themselves as small businesses that are being picked on."Sounds like it's especially important for people to contact their legislators ASAP and urge them to support the proposed legislation. - Jim

Ok guys...now is the time to send those emails! Look back in the blog archives (left sidebar) and find the previous rock mining posts for all the legislator's names and emails. You'll also find sample letters there. Do you want our trails destroyed? Take 10 minutes, cut & paste the samples, and send everyone an email. - Millette

And the battle heats up!

2008-04-22T18:58:00.001-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com on April 13, 2008

Jim Schroeder reports an interesting article appeared in the Chattanooga Times Free Press that has implications in our rock mining fight.

From the Chattanooga Times....

"Hamilton County Election Commission member Bart Quinn, an attorney, said Thursday he has resigned his seat on the election panel to avoid any perceived conflicts after he registered this month to begin lobbying the General Assembly.......He also is severing political campaign ties with state Sen. Bo Watson, R-Hixson, whose previous campaigns he directed......Mr. Quinn, an attorney with the law firm Chambliss, Bahner & Stophel, registered as a lobbyist on April 1 with the State Ethics Commission. He is working on behalf of Lahiere-Hill LLC, a Florida-based firm, records show. The firm is his only lobby client.................The company owns the mineral rights to thousands of acres of woodlands on the Cumberland Plateau. Lahiere-Hill hired contractors to mine limestone and other dimension stone on the plateau in the Cumberland Trail State Park near Soddy-Daisy..............The company has been involved in a legal battle with the state, a fight which moved into the legislature this year when Sen. Watson and Rep. Richard Floyd, R-Chattanooga, introduced legislation seeking to restrict “harvesting” of rock....."

Read the full article here....http://www.timesfreepress.com/news/2008/apr/11/quinn-resigns-election-commission/

Rock Mining Update

2008-04-22T18:56:00.001-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com April 13, 2008

From Jim Schroeder......

The following information is a combination of information gleaned from the Tennessee Legislature web page, conversation with Senator Ketron's office, and a conversation with Representative Floyd's office. As of the close of sessions on Wednesday, April 9: In the house, HB4198 cleared the full Environment and Conservation Committee, and was referred to the House Government Operations Committee, where it has been placed on the agenda for their April 16th session.

From there it will be referred to the House Calendar and Rules Committee for placement on the total House calendar for a vote. In the Senate, the full Environment, Conservation,, and Tourism Committee deferred action on SB4198 until their Arpil 16 Committee session. The writer was not privey to why this delay in action was taken. Evidently, once it clears the Senate full committee, it will then have to follow a path similar to that of the house, that is through the Senate Government Operations Committee, and then through the Senate Calendar Committee before coming to a vote on the floor of the Senate.

The Senate Operations Committee's repsonibilites are described on the web page as: "This committee is responsible for legislation concerning the creation of new departments, commissions, boards, agencies or councils of state government; the reauthorization of existing departments, commissions, boards, agencies or councils of state government; licensing and/orcertification of occupational and/or professional groups; and review of regulations promulgated by Tennessee departments, commissions, boards or agencies" , and I imagine the house committee is similar.

The long and short of it appears to be a checks and balance consideration to make sure there are agencies in place which can support administration of the provisions ofthe bill, in this case TDEC. It was suggested that we might want to contact the members of the house Government Operations Committee just prior to their scheduled April 16 meeting, encouraging them to move HB4198 along.

This committee consists of the following members:Government Operations, 38 Legislative Plaza, Phone (615) 741-4866
Mike Kernell, Chair
Barbara Cooper, Vice-Chair
Mike Bell, Stacey Campfield, Glen Casada, Jim Cobb, Lois DeBerry, G. AHardaway, Susan Lynn, Jason Mumpower, Gary Odom, Jeanne Richardson, Randy Rink and Eric Swafford. Contact information can be found on the Legislature web page.

It might also be helpful to again contact the members of the Senate Committeee of Environment Conservation and Tourism just prior to their scheduled April 16th session, asking for their support in moving SB4198 to the next step.So it appears that the bills are still moving along and still providing protection against new rock mining endeavors on State Park land, apparently in the form whereby the rock miners must obtain permission to mine from the surface rights holders. Although from this outsider looking in, the process seems to be slow and cumbersome, I feel confident that the procedure is one of checks and balances to insure bills are passed that are beneificial to the general public and that systems are in place which will allow proper administration.

Regards to all,
Jim Schroeder

Rock Mining legislation goes to full hearing

2008-04-22T18:54:00.001-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com April 6, 2008

HB4198 regarding rock mining cleared the House sub-committee on Environment and is now on the docket of the House Conservation and Environment Committee for a full hearing on Wednesday, April 9, 2008 at 11:am

It should also be noted that Senate companion bill SB4198 is also scheduled in the Senate Environment, Conservation, and Tourism Committee for a full hearing on the same date.
It might be helpful if we all write the respective committee members asking for their support in sending these bills for a vote to the floor of the House and Senate respectively.

See previous blog posts for these email addresses.

Rock Mining Bill clears sub-committee

2008-04-22T18:52:00.002-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com April 4, 2008.

From Jim Schroeder....

I am pleased to inform you the HB4198 regarding rock mining today cleared the House sub-committee on Environment and is now on the docket of the House Conservation and Environment Committee for a full hearing on Wednesday, April 9, 2008 at 11:am (as I understand it, this is the final committee meeting of the session). It should also be noted that Senate companion bill SB4198 is also scheduled in the Senate Environment, Conservation, and Tourism Committee for a full hearing on the same date. It might be helpful if we all write the respective committee members asking for their support in sending these bills for a vote to the floor of the House and Senate respectively.

Thank you for your help in this matter.
Jim Schroeder

House Conservation and Environment CommitteeFrank Buck, Chair rep.frank.buck@legislature.state.tn.us John Tidwell , Vice-Chair rep.john.tidwell@legislature.state.tn.us Brenda Gilmore, Secretary rep.brenda.gilmore@legislature.state.tn.us William Baird, rep.william.baird@legislature.state.tn.us Willie Borchert, rep.willie.borchert@legislature.state.tn.us Richard Floyd, rep.richard.floyd@legislature.state.tn.us George Fraley, rep.george.fraley@legislature.state.tn.us David Hawk, rep.david.hawk@legislature.state.tn.us Mike Kernell, rep.mike.kernell@legislature.state.tn.us Joe McCord, rep.joe.mccord@legislature.state.tn.us Frank Niceley,
rep.frank.niceley@legislature.state.tn.us

Senate Environment, Conservation and Tourism Committee
Tommy Kilby , Chair sen.tommy.kilby@legislature.state.tn.us
Dewayne Bunch, Vice-Chair sen.tommy.kilby@legislature.state.tn.us
Doug Jackson, Secretary sen.doug.jackson@legislature.state.tn.us
Raymond Finney, sen.raymond.finney@legislature.state.tn.us
Roy Herron, sen.roy.herron@legislature.state.tn.us
Bill Ketron, sen.bill.ketron@legislature.state.tn.us
Steve Roller, sen.steve.roller@legislature.state.tn.us
Steve Southerland, sen.steve.southerland@legislature.state.tn.us
Mike Williams, sen.micheal.williams@legislature.state.tn.us

Check the post below for a sample letter you can cut and paste to send to each of these House and Senate members.

Rock Mining Legislation- Not too late to help!

2008-04-22T18:49:00.002-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com March 31, 2008

The Rock Mining Legislation that went up on the 26th has been deferred and put on the sub-committee's calendar for April 2, Wednesday. If you haven't yet emailed any of the legislators now is your chance. Here is a list of those who are not yet behind the legislation along with a suggested letter you can send.

Representative Bill Harmon, Dunlap rep.bill.harmon@legislature.state.tn.us
Representative Frank Buck, Dowelltown rep.frank.buck@legislature.state.tn.us
Representative John Windle, Livingston rep.john.windle@legislature.state.tn.us
Representative Leslie Winningham, Huntsville rep.leslie.winningham@legislature.state.tn.us

Dear Representative (fill in name):

I am writing this as a member of the Tennessee Trails Association requesting that you give strong consideration to supporting HB4198 under review in the House Environment Committee. This bill is designed to bring the ever-growing industry of rock mining under some measure of regulation and control. Many present on-going mining operations are wreaking devastation upon the landscapes of both private and public lands, destroying natural habitats of flora and fauna. Of special concern is the damage done in a number of sections of the Cumberland Trail State Park, the site of the Cumberland Hiking Trail extending from Chattanooga to Cumberland Gap. This trail is being built with 1000’s of hours of labor from volunteers across the eastern half of the United States. And because of damage to and dangerous operations near, a section of this trail had to be temporarily closed. Although this bill effects numerous people with a variety of complex issues, the need for passage is paramount to protect the landscapes of Tennessee, and your support of this bill will be much appreciated.

Please take a moment to view a slideshow of photos taken by a member of the Murfreesboro Chapter along the trail in September of 2007, they will show you what is at stake. http://picasaweb.google.com/tta.boro/CumberlandTrailStatePark/photo#s5161438035879960402

Respectfully,
(Name and address)

Urgent Need- Support the Rock Mining Bill

2008-04-22T18:46:00.002-05:00

ORIGINALLY posted on ttamurfreesboro.blogspot.com on March 17, 2008

From Jim Schroeder:

It has come to our attention that a number house members of the State General Assembly have voiced some concerns for and hesitancy of support regarding the rock mining bill now under consideration in the House Environment Committee. Therefore we are seeking your help by requesting all TTA members write each of these gentlemen and ask for their support of this bill.Below is a list of four House Members who are hesitant to support this bill along with a suggested letter. However, please feel free to add your own comments and thoughts when writing to each of them. The next committee meeting is MARCH 26.

**For Murfreesboro Chapter members I've added a short paragraph at the bottom of Jim's suggested letter...

It took me 5 minutes to send all of these folks an email....take a moment and do this, it will make a difference!

Here is the link if you would like to read all the details. http://www.legislature.state.tn.us/. -----Millette Jones

Representative Bill Harmon, Dunlaprep.bill.harmon@legislature.state.tn.usRepresentative Frank Buck, Dowelltownrep.frank.buck@legislature.state.tn.usRepresentative John Windle, Livingstonrep.john.windle@legislature.state.tn.usRepresentative Leslie Winningham, Huntsvillerep.leslie.winningham@legislature.state.tn.us

Dear Representative (fill in name):

I am writing this as a member of the Tennessee Trails Association requesting that you give strong consideration to supporting HB4198 under review in the House Environment Committee. This bill is designed to bring the ever-growing industry of rock mining under some measure of regulation and control. Many present on-going mining operations are wreaking devastation upon the landscapes of both private and public lands, destroying natural habitats of flora and fauna. Of special concern is the damage done in a number of sections of the Cumberland Trail State Park, the site of the Cumberland Hiking Trail extending from Chattanooga to Cumberland Gap. This trail is being built with 1000’s of hours of labor from volunteers across the eastern half of the United States. And because of damage to and dangerous operations near, a section of this trail had to be temporarily closed. Although this bill effects numerous people with a variety of complex issues, the need for passage is paramount to protect the landscapes of Tennessee, and your support of this bill will be much appreciated.

Please take a moment to view a slideshow of photos taken by a member of the TTA-Murfreesboro Chapter along the trail in September of 2007, they will show you what is at stake. http://picasaweb.google.com/tta.boro/CumberlandTrailStatePark/photo#s5161438035879960402

Respectfully,

(Name and address)