TDEC Mining Section Announces Approval of NPDES permit for SRM’s Smithville Quarry (VIEW PDF HERE)
by: Dwayne PageJun 26, 2025
Smithville Quarry on North Driver Road at Dowelltown, owned by SRM Materials, LLC has cleared a hurdle for its proposed operation of a 30 acre limestone quarry and processing facility.
The Tennessee Department of Environment and Conservation’s Mining Section announced Wednesday, June 25 that it has approved an application for a National Pollutant Discharge Elimination System (NPDES) permit for the treatment of mine wastewater and storm water. This NPDES permit authorizes discharges to Drivers Branch. According to TDEC, an NPDES permit is a discharge permit only. It is not a land use permit. The Division of Mineral and Geologic Resources cannot regulate the location of quarries or proximity to another quarry or property.
In making the announcement of the decision, Bryan W. Epperson, Director of the Division of Mineral and Geologic Resources, said “Based on its review of all relevant data, the Division has determined that the National Pollutant Discharge Elimination System (NPDES) permit complies with all applicable statutory and regulatory requirements, is protective of water quality, and can be issued”.
The permit may be appealed to the Board of Water Quality, Oil and Gas pursuant to state law.
It remains to be seen if enforcement of the County Powers Act could still halt the project since SRM had not applied for the NPDES permit until December 4, 2024, thirty-seven days after the county commission adopted and implemented the county powers act. Under the act, quarries must meet a 5,000-foot distance requirement from residences and must apply to the county for a permit. Those not in operation by October 28, 2024, must give reasons why they should be grandfathered.
Oral arguments in the case of Tinsley Properties, LLC and others versus Grundy County over provisions of a county powers act there were heard at the Tennessee Supreme Court last month. No ruling is expected right away but the court’s decision could be significant not only for Grundy County but DeKalb County and perhaps statewide with similar County Powers Act issues.
According to TDEC, the permittee (SRM) submitted a complete application on December 4, 2024 which included supporting plans and design calculations for the treatment of mine wastewater and storm water. The Division of Mineral and Geologic Resources issued a draft NPDES permit for the Smithville Quarry on February 19 2025 and issued a public notice document concerning the draft permit action and impending public hearing on February 19 2025 and requested comments from the public and other regulatory agencies.
A hybrid Public Hearing was held at the DeKalb County Complex and via Microsoft Teams video-teleconference on March 27 2025. Approximately 22 people attended the meeting, and approximately three people attended the meeting via Microsoft Teams. Eight individuals offered testimony during the hearing and approximately 14 written comments were received during the public comment period. which expired April 7, 2025.
Public concerns were raised during the public hearing that SRM appeared to have been conducting mining operations in the fall of 2024 before receiving a permit.
According to TDEC, “the Division conducted three inspections from August through November 2024. The site was deemed “Out of Compliance” for mining activities at an unpermitted site, however, no conditions of water pollution were observed during the inspections. Additionally, the Division only regulates surface water discharges and does not have authority over the “right to mine” or blasting”.
“The State of Tennessee does not have a “bad actors clause” in its permitting process. The application process can only consider the facility in question. Actions or violations at different facilities and locations cannot be considered when determining if a permit should be or can be issued, With regards to the Smithville Quarry, the permittee has provided a complete application and all necessary information to receive a permit from the state,” according to TDEC.
TDEC responded to many other public comments during the hearing except for those not directly related to the proposed project. Among other concerns, questions were raised about whether the proposed quarry activity would cause pollution of surface water in Drivers Branch and impact fish, wildlife, and livestock; whether the proposed mining activity would cause pollution of ground water and damage nearby wells, springs, and aquifers; whether endangered species in Dry Creek/Drivers Branch would be affected such as the Tennessee Cave Salamander, Hellbender Salamander, and a threatened species of Crayfish in the area; whether the permittee could be trusted to self-monitor; whether an Environmental Impact Study should be conducted; whether the settlement of silica dust would further damage water discharges; whether flooding with water run-off from surrounding hillsides feeding into Drivers Branch would be a concern.
TDEC responded to the public concerns in its report and concluded that the NPDES permit application should be approved.
”The Division has reviewed the permit application, conducted the required antidegradation review, and considered all available stream assessments and data. Our review included in-stream background water quality monitoring, the most recent listing of 303(d) streams, Exceptional Tennessee Waters, and information concerning federal and state listed threatened and endangered species”.
“Based on its review of all relevant data, the Division has determined that the National Pollutant Discharge Elimination System (NPDES) permit complies with all applicable statutory and regulatory requirements, is protective of water quality, and can be issued”.
Last month a resident near the quarry location on North Driver Road at Snow Hill again spoke out after learning that SRM Materials, LLC (Smyrna Ready Mix Smithville Quarry) for the third time in nine months allegedly had been ordered by the state to cease operations without the required National Pollutant Discharge Elimination System (NPDES) permit for the discharge of treated mine wastewater and storm water.
Doug Walter of the second district addressed the county commission during the public comment period to bring awareness to the latest development and to urge enforcement of the county powers act.
“They (SRM) still don’t have a permit (May 29, 2025), and they started early in May. Citizens of the area contacted the state and for the third time the state had to shut them down for operating without a permit. I have heard that SRM has donated money to schools and potentially for the Jamboree to show good faith. But read the writing on the wall. This company has done basically what they want to do in Dowelltown since they first bought the property and blasted the next day,” said Walter. “This is not good corporate citizenship for the county and if you allow them to open the violations would probably continue within our county. I ask you to take the correct action and enforce the county powers act. Follow Grundy County’s lead and take up the fight. If you don’t I believe you are leaving yourself open for others to point out the lack of enforcement against SRM in this situation,” said Walter.
On Monday night, June 23 Walter returned to again speak out during the public comment period of the county commission meeting to report that SRM recently put up a gate across North Driver Road, which is a county road, and serves as an entrance to the proposed quarry property.
A Scam Alert!
by: Dwayne PageJun 25, 2025
Sheriff Patrick Ray has issued an alert asking the public to beware of a scam against would be victims.
In a prepared statement, Sheriff Ray said “I have had many calls this week about someone calling citizens here in DeKalb County claiming to be with the DeKalb County Sheriff’s Department, who are claiming to have a warrant on the person who received the call. This is a scam,” said Sheriff Ray.
“The scammer claims this person owes a bond or fine for not showing up on a summons or not showing up to report to Grand Jury Duty. The scammer is using a local Judge’s name who issued the warrant. The scammer is trying to collect hundreds to thousands of dollars from the caller for the bond or the fine”.
“The DeKalb County Sheriff’s Department DOES NOT do this practice. Hang up the phone on the caller and DO NOT send the caller any money. If you send the scammer any money, it is almost impossible to get it back. Most scammers we see are from other counties and not in the US even though it appears on your caller ID as a local number,” Sheriff Ray said
“If you are a victim of this scam and have sent money, please contact the Cookeville FBI office at 931-526-8622 to report it”.
Mother Charged with Child Abuse After Her 4-Year-Old Ingests Meth
by: Dwayne PageJun 25, 2025
A mother has been charged with child abuse or neglect after her four-year-old son ingested methamphetamine.
36-year-old Jessica Leann Bain of Church Street, Smithville is under a total bond of $50,000 on charges of child abuse or neglect (child under 8 years old) and possession of methamphetamine. Her court date is July 10.
The case was investigated by Detective Brandon Donnell of the Smithville Police Department who filed the following affidavits of complaint in the arrest warrants.
“On June 18, 2025, at 7:51 p.m. Smithville Police were dispatched to the emergency room in Smithville for a 4-year-old child that had ingested Methamphetamine. Upon my arrival, I made contact with the child’s grandfather who advised that he picked the child up and noticed the child was not acting right and he took him to the hospital. The child’s mother, Jessica Bain, advised that her son had ingested left over bong water that was used to smoke the meth that was sitting on her nightstand in her bedroom. The child was transported to Vanderbilt Children’s Hospital. The 4-year-old child tested positive for Meth, THC, and Amphetamine”.
“On June 18, 2025 I was investigating a Child Abuse case involving a 4 year old child ingesting Methamphetamine. I went to the mother of the child’s residence on Church Street where the offense occurred and made contact with the mother, Jessica Bain. Ms. Bain gave me consent to search the residence and I found 2 grams of a crystal substance that later tested positive for Methamphetamine in Jessica Bain’s closet”.