The asphalt plant under construction at the intersection of John Bragg Highway and Bradyville Road has hit another potential snag.
According to the Tennessee Department of Environment and Conservation, the company building the plant, Hawkins Asphalt Paving, has constructed the plant -- which is near completion -- without a permit.
The state has sent the company a letter notifying it of the purported violation and Hawkins has 20 days in which to respond.
Further clouding the construction situation for Hawkins is a lawsuit filed in Cannon County Chancery Court last week asking for the removal of the plant because it is allegedly in violation of the Scenic Highway System Act.
The letter from the state to Hawkins is below:
STATE OF TENNESSEE
DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF AIR POLLUTION CONTROL
William R. Snodgrass Tennessee Tower, 15th, Floor
312 Rosa L. Parks Avenue
Nashville, TN 37243
(615) 532-0554 Voice or (615) 532-0614 Fax
June 6, 2018
Mr. Chris Hawkins, President
Hawkins Asphalt Paving, LLC
P.O. Box 292
Woodbury, TN 37190
Constructing without a Permit
894 Bradyville Road, Woodbury
Facility ID 08-0065
Dear Mr. Hawkins:
On or about May 2, 2018, the Division received your permit application dated May 2, 2018, for construction of a batch mix asphalt plant located at 849 Bradyville Road in Woodbury. According to the information provided by Hawkins Asphalt Paving and field observations made by the Division of Air Pollution Control, it appears that this air contaminant source is being constructed without first obtaining a construction permit from the Division.
Tenn. Comp. R. & Regs. 1200-03-09-.0l(l)(a) states as follows:
Except as specifically exempted in Rule 1200-03-09-.04, no person shall begin the construction of a new air contaminant source or the modification of an air contaminant source which may result in the discharge of air contaminants without first having applied for and received from the Technical Secretary a construction permit or, if applicable, submitted a notice of intent and obtained a notice of coverage or authorization, for the construction or modification of such air contaminant source.
Compliance with the Tenn. Comp R. & Regs. contributes to a cleaner environment and healthier citizens by maintaining the federally mandated National Ambient Air Quality Standards (NAAQS) for air pollutants across Tennessee.
If you have any information that proves the violation did not occur (i.e., constructing without a permit), or if you have any additional information regarding this violation that you would like to submit, submit the information in writing to the Technical Secretary, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243 or e-mail the response letter to Air.Pollution.Control@tn.gov. To ensure that your information will be considered, it must be submitted within 20 days of your receipt of this Notice of Violation.
Technical inquiries surrounding this allegation of noncompliance should be directed to Mr. Moe Baghernejad at (615) 532-0594 or via e-mail at email@example.com and questions concerning the enforcement process should be directed to via e-mail at Air.Pollution.Control@tn.gov. Your Facility ID is 08-0065, please reference this number in any further correspondence with the Division.
James P. Johnston, P .E.
Permitting and Regulatory Development