Tenn. agency fines developers

Tenn. agency fines developers

	Published : Wed, 18 Apr 2007 23:19 By : Agencies Print this Story

CHATTANOOGA, Tenn. (AP) - Developers accused of polluting streams near their projects in five Tennessee counties -- Marion, Franklin, Polk, Loudon and Humphreys -- must pay penalties totaling more than $4.5 million, a state environmental order shows.

The developments include a gated community, an airstrip and a golf course that caused silt and stormwater runoff damaging state waters, said Tisha Calabrese-Benton, a spokeswoman for the Tennessee Department of Environment and Conservation.

The state's water pollution control permit system and guidelines are designed to help developers reduce the likelihood of silt pollution, the largest cause of stream impairment in Tennessee, she said.

The pattern of violations or are so serious that 'significant fines are necessary to get the attention of violators and compel compliance,' Calabrese-Benton said.

Damage and some penalties and must be paid right away and some penalties are contingent on corrective actions.

The department orders, which can be appealed, assess penalties on these developers. The following citations were issued, with company or developer name, the charge and penalty:

-- Travis Shields and LCM Group LLC, of Timberlake at Sewanee, are accused of altering waters of the state, failing to obtain a permit, failing to properly install and maintain measures to avoid erosion. Civil penalty of $1 million, of which $500,000 must be paid up front.

-- CDL Properties LLC in Marion County is accused of failing to obtain a permit and constructing an airstrip that resulted in deep gullies and muddy runoff into several streams. The order assesses a civil penalty of $770,000, with $210,000 due up front, in addition to damages of $4,680 and a natural resources damage assessment of $1.085 million.

-- Tellico Landing LLC, Sharp Contracting Inc. and Rarity Communities Inc., Loudon County, for failing to install and maintain adequate erosion control, failing to obtain a permit and polluting state waters. Civil penalty of $340,600, with $127,900 and damages of $2,023 due up front.

-- Bucksnort RR Ranch LLC and Richard M. Roberts, Humphreys County, are accused of altering the state's waters without obtaining a permit, building a dam across Egypt Hollow Creek, and for failing to have proper erosion controls. Civil penalty of $350,000, with $200,000 due up front.

-- Bean Mountain Partners LLC, Ronnie Tipton and Travis Colwell, Polk County, 865-acre subdivision known as Preserve at Bean Mountain, for failing to comply with permit to control storm water runoff and discharging sediment into waters of the state. A civil penalty of $1.008 million, with $260,000 and damages of $9,823 due up front.

Paul Sloan, deputy commissioner of the Department of the Department of Environment and Conservation, said the department is 'serious ebout enforcement. We are just as aggressive and will be just as aggressive in reaching out to developers to try to help them raise the bar on compliance.'

Danny Dancy, a co-owner of CDL Properties LLC in Marion County, said Tuesday that his company had not been contacted about the penalties and damages.

'I think they are excessive,' he said.

Dancy said his company cleared about 35 acres on the Cumberland Plateau last fall. After receiving a notice of violation from TDEC about two weeks ago, he said the business installed silt fencing and sediment traps.

Dancy said the developers did not have the permit cited in their violation, but it was the first time in his 26 years in the business in Marion County that he was told about the need for such a document.

Dancy also said no airstrip has been put on the property.

Travis Shields and LCM Group LLC, the developers of Timberlake at Sewanee, could not be reached for comment. Regulators said he was informed the firm needed permits as early as October 2005.

In Polk County, Bean Mountain Partners, Ronnie Tipton and Travis Colwell did not return a telephone messages seeking comment.

The developers have 30 days to appeal the orders.