GUNTERSVILLE — A land development near Lake Guntersville is causing a stir among residents concerned the site's owner, Anthony Bright, is mining chert without a permit. However, after investigating the site, the Alabama Department of Environmental Management (ADEM) found no evidence of any mining operation, though it did cite the owner for other violations.
Two Marshall County citizens who live near the 32-acre project site on Murphy Hill Road addressed the County Commission on Wednesday, claiming the alleged illegal chert operation, which is located near the Trail of Tears and less than a mile from the lake, was polluting "sacred" land, displacing eagles and other animals from their woodland homes, and generally causing a disturbance to people and businesses in the area.
Cathy Phillips, a 28-year resident of Murphy Hill Road, said workers at the site told her and others in the community that it was being used to mine chert, a sedimentary rock found naturally in Alabama used for road constriction. She said a suspicious deep pit dug at the site, plus the many dump trucks hauling away what appeared to be chert, lent credence to that claim.
After investigating the complaints on July 17, ADEM fined Bright for two violations, including failure to apply for a permit to develop the plot and not implementing "best management practices" for controlling water runoff pollution. Bright was given 10 days to remedy the violations and apply for a permit.
"Approximately 2 to 2.5 acres have been cleared, however, best management practices or windrows had not been implemented and entrance/exit pads were not in place," ADEM's investigation report stated. "No evidence of burning or improper solid waste disposal was observed. Construction or mining activities had not taken place at this site as of the inspection. Heavy equipment was not present onsite."
According to the Alabama Department of Labor, if Bright ever intends to mine chert at the site, he would not need to apply for a mining permit as long as the operation was limited to five acres.
Jerry Wells with the ADOL also inspected the site on July 17 and found no evidence of chert mining.
"We have added the site to our inspection schedule and will follow-up every six months to ensure the property remains in compliance with the surface mining act," said Tara Hutchison, communications director for ADOL.
Still, residents are not convinced that no mining is taking place and want something done regardless to ensure the integrity and beauty of their community are maintained.
"We must stop ADEM from granting that permit because ADEM is blinded by their own red tape from seeing what we residents see," Phillips said during Wednesday's Commission meeting. "Local vigilance is key to actively stop this illegal chert mine on Murphy Hill Road."
Phillips said hundreds of concerned people around the state have signed a petition to halt any chert mining at the site.
"Our community is standing together, hand in hand, to save the eagles, our pristine waters and wildlife habitat, our tourism and property value, and will relentlessly continue to make our voices heard," she said. "… Permits or no permits, this admitted chert mine on Murphy Hill, sacred land, is wrong. Nature can't speak for itself; it's up to us with your help."
Another concerned resident, Kelly Cox, told the Commission that an eagle had been "circling for the past three weeks" looking for its "destroyed nest."
"Who is going to lobby for the land, the land itself that we all love? It's only us. It's the people that live there. The animals can't. The trees can't. The water can't," Cox said. "… Until ADEM is stopped and prevented from issuing any permit, chert or otherwise, that will destroy the sanctity of our space, our natural preserve, we're going to continue to stand in defiance of this… We will continue to stand physically in the way of continued development unless there is proof of permit and legalities and respect for the area is shown."
District 4 Commissioner Joey Baker said during the meeting that Bright was clearing the land to build a cabin rental business, not a chert mine.
"He's got no reason to lie to me," Baker said. "It would not benefit him to do so… As far as I know, he's not done anything illegally to get us involved."
Baker said he had contacted ADEM and that ADEM had spoken with Bright about the issue. County Engineer Michael Knop said the county would be involved with approving the site for cabins when the time came, as that falls under subdivision regulations.
Lynn Battle, ADEM's chief office of external affairs, confirmed that Bright had been notified about the violations on July 18.
"The owner stated that the land is being cleared for construction purposes," Battle told 1819 News in an email.
Efforts to contact Bright were unsuccessful.
To connect with the story's author or comment, email daniel.taylor@1819news.com or find him on Twitter and Facebook.
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