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 SRM 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.
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. 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, etc.
TDEC’s responses to those concerns were explained in its report (view pdf here) which concluded that the NPDES permit application by SRM 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 at a county commission meeting 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 commission during the public comment period to bring awareness to the latest development at that time and urged 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.
SRM Smithville Quarry
