SCCA Cancels April 4th Meeting

The South Cumberland Community Association (SCCA) had previously announced its bimonthly meeting for Friday, April 4th at the Monteagle Inn starting at 7:30 p.m. Due to circumstances beyond control of the SCCA, the meeting has been canceled. This meeting will not be rescheduled. The organization regrets any inconvenience that this late cancellation notice may have caused. The SCCA is currently planning its May meeting. Details of the May meeting will be published when plans are complete.

SCCA Presents Testimony at Monteagle NPDES Hearing.

The previously posted TDEC NPDES permit hearing was held on March 27th at the Monteagle Armory in front of hearing officer Vojin Janjic of the Division of water pollution control. Also present at the hearing was Dr. Dick Urban of the TDEC Chattanooga field office.

The SCCA provided testmony at this hearing. SCCA Founder Bill Altemeier submitted the following written statement:


March 19, 2008
Tennessee Department of Environment and Conservation
Division of Water Pollution Control
Sixth Floor L and C Annex
401 Church Street
Nashville Tennessee
37243
This pediatrician’s view is that allowing Monteagle Tennessee to dump 250,000 gallons of wastewater per day into the Juanita and Gilliam creeks, and an equal volume into Trussel Creek, is undesirable and unhealthy. Because of this, I recommend no increase in sewer taps be permitted until the wastewater plants are able to handle the total loads of wastewater without releasing treated or untreated sewage into these streams. Any such expansion would increase the danger to the people who live and play in the areas where these creeks drain.
As a child, I played and swam in creeks and ponds or lakes fed by creeks. People who live or visit below the South Cumberland Plateau also deserve clean and safe water for drinking and recreation, as well as drinking. Pollution of these waters with treated or untreated products of human excrement is neither safe nor fair to them. Monteagle’s treatment of this wastewater before release will reduce, but not eliminate completely, the human fecal pathogens that can be in their sewage. Such pathogens include: E. coli 0157 [the strain that can cause kidney failure as well as diarrhea and dehydration], shigella and rotavirus [diarrhea and dehydration], and salmonella [diarrhea and occasional blood infections]. Such treatment with chlorine will generally not kill cryptosporidium [diarrhea and dehydration] because it is resistant. Giardia [upset stomach, weight loss and diarrhea that can last for months] can also find its way into drinking water. Furthermore, it is impossible to treat all wastewater when volumes exceed treatment capacity, as after a heavy rain, and in this situation, raw sewage will overflow into Tennessee waters. Children are especially susceptible to infections from water contaminated with feces, and the dehydration from diarrhea caused by them is the number one infectious killer of children in developing countries where good hospital care is not available.
I believe pathogens from Monteagle sewage are released into Tennessee waters where playing and swimming children can be infected. More importantly, these same pathogens can also find their way into wells that are not sufficiently distant or isolated from the contaminated creeks to allow sanitization by ground bacteria. And parasites, especially cryptosporidium and Guardia, will be on crops grown in fields that are contaminated by water from these creeks through irrigation or flooding. Elsewhere, recent outbreaks of gastroenteritis have been linked to incompletely washed produce contaminated with cryptosporidium [commonly called "crypto"]. Lettuce and berries were incriminated, and most will remember the large number of people exposed to spinach grown in contaminated fields a year or so ago: In spite of washing, crypto caused several illnesses and led to a massive recall of the products across the country. Thus, I believe Monteagle’s sewage problems are a threat to health in our area.
As a physician and user of the South Cumberland area, I hope this problem can be fixed as soon as possible. I know this will be difficult and Monteagle should receive state or federal help for this. But it is medically untenable to allow even more sewage, from toilets in businesses or homes or not yet built or connected, to drain into these creeks. The sewer problem should be fixed, tested and found completely safe before more wastewater is permitted to flow into our streams.



William A. Altemeier M. D.
160 Vanderbilt Lane
Sewanee and Monteagle
cc: South Cumberland Community Association



SCCA President Bob Childress read the following statment into the hearing record:

Robert L. Childress
March 27, 2008

SEWER HEARING STATEMENT
Thank you for the opportunity to make a statement before this hearing committee. Although I am a licensed health care provider in the state of Tennessee, I come here this evening mainly as a concerned private citizen and the president of a newly formed community organization. A few additional words of explanation will help establish my standing before the hearing committee.
As a private citizen, I want you to know that I live on Deepwoods Road in Franklin County, just a few hundred yards from the Grundy County line. My wife and I bought our home for retirement in 2002 after a 22-year career in the U.S. Army and 10 years of civilian employment. During this time my family and I lived in numerous locations both in the United States and overseas. We were attracted to Tennessee and the South Cumberland Plateau by its inherent beauty, tranquility and of course to be closer to children and grandchildren. We purchased our home in 2002 and made the final move here in October 2004. I live in a portion of Franklin County that had been annexed by Monteagle. I am a proud citizen of Monteagle. There are about 30 other Monteagle voters that also live in Franklin County. At the time my wife and I were house hunting, it was our understanding that the anticipated development on the approximately 1200 acres across Deepwoods road would consist about 80 homes in a carefully designed and thought out subdivision. This did not happen. The property changed hands and now about 1100 residential units and an 18-hole golf course are planned for this 1200 acres. The relevance of this last point will soon become evident.

I also want you to know that I stand here before you tonight as President of the South Cumberland Community Association. This is a newly established organization that began with a few neighbors gathering for coffee and dessert to just a little over a year ago. This gathering discussed its concerns for growth and development on the South Cumberland Plateau. The South Cumberland Community Association’s mission is to guide growth and development in the region through community education and involvement. The Association promotes responsible development on the South Cumberland Plateau by encouraging informed dialogue about changes taking place in the region. Today the South Cumberland Community Association has a mailing list of 140 names. We hold well-attended bimonthly meetings. The last meeting on February 7th of this year was a panel discussion on the drought and other water issues. During the discussion two public officials from two different entities were very frank about the failing condition of the Monteagle sewer system.

For the record it is understood that the following conditions along with others have existed regarding Monteagle’s two municipal sewerage treatment plants:
the extremely high (instream) levels of E. coli, indicating insufficient disinfection of effluent being discharged to the receiving stream;
(2) Sludge is escaping the facility and entering the receiving stream;
(3) Red chironomids (blood worms) are growing in the sludge in the receiving stream because of the poor performance of the plant facilities;
(4) there is often an over-powering smell at the stream documented, an indicator of ineffective treatment; and
(5) Although Plant #1 is operating under an Agreed Order #04-0625 for these and other operational deficiencies, it is our understanding that the Monteagle has recently signed an agreement with a developer of 1100 Equivalent Residential Units (ERUs). It is not understood whether or not this is an effort to effectively exempt this developer from the moratorium imposed by TDEC on new connections to the Town's sewer system. It is additionally understood that Monteagle has waived all developer's impact fees, potentially amounting to millions of dollars, the Town could collect from this developer to use to repair and replace the failing infrastructure that may be a contributing root cause of the permit violations. The exact terms and expectations of this agreement have not been effectively communicated to the public at large.
The equivalent residential units (ERUs) mentioned above are the same ERUs in the development across Deepwoods Road that I mentioned in the first part of this statement

Any discussion of the Monteagle sewer system and its record of non-compliance would be incomplete without just a few words about the public health aspects of the entire situation. It is known that pollutants leave the surface of the plateau and travel in underground crevices, passages and caverns eventually to the valley floor and the Elk River watershed. Families in this area rely on well water. They are exposed to this pollution on a regular basis. The pollution is very real, but the totality of its adverse impact is unknown.
This leads to several questions about the permitting process. The answers to these questions must not only be clearly communicated, but also be made readily available to the public. They are:
Does this permit insure that water quality standards are met?
Are any waivers allowed from the standard? Under what circumstances are waivers allowed?
How does this permit compare to similar towns in a plateau area?
What fines have been imposed, wavered, collected and applied for corrective action?
Does granting this permit allow Monteagle to expand its sewer system?
The South Cumberland Community Association has a number of recommendations. In considering these recommendations, the following points were considered is to justify the these requests:
(1) Since the town has a history of non-compliance, it should be made to demonstrate its ability to meet NPDES permit requirement's before any new connections to its system are allowed.
(2) It is virtually impossible in the future to meet NPDES permit requirements without proper revenues to properly maintain and repair the sewer and wastewater treatment plants.
(3) Growth should pay for growth rather than asking the Town's existing citizens to pay for the sewer and wastewater treatment infrastructure needed by new development.

On February 8, 2008 TDEC levied four $5,000 fines for a total of $20,0000. Based on this letter order, the Town of Monteagle appears to have ignored regulatory compliance of deficiencies for one to two years.

Based on the record and history of the Town of Monteagle's wastewater treatment system for noncompliance with state and federal discharge regulations, the South Cumberland Community Association requests the following conditions for granting NPDES permits for effluent discharge from the Town of Monteagle's two wastewater treatment plants:
That the Town of Monteagle be subject to a complete moratorium on new connections to its sewer system and two wastewater treatment plants for a period of twelve (12) months. During which time it shall demonstrate that the effluent from such treatment plants shall meet all effluent discharge requirements and not impair any existing steams in which this effluent is discharged. If such discharge and stream impairment standards are not fully met and maintained within this twelve (12) month moratorium, then an appropriate extension of the moratorium up to thirty-six (36) month be imposed by TDEC.
2. It is suggested that the Town agrees to hire an experienced utility financial consultant or accounting firm in consultation with TDEC. The financial consultant is to perform a rate study and cost of services study for the Town and to establish rates that are at least equal to the actual cost of sewer and wastewater treatment services provided to the utility's customers. It is also suggested that the town agree to implement the recommendations for sewer and wastewater treatment services rates resulting from this study in a timely manner.
3. It is also suggested that the Town agrees to hire an experienced utility financial consultant or accounting firm in consultation with TDEC, to perform a study as to the infrastructure costs associated with adding new customers to the Town's sewer and wastewater treatment plants. It is additionally suggested that following this study that the town agrees to implement the recommendations for sewer and wastewater treatment services for impact fees or system development charges it will charge for new connections to its sewer system over and above any tap or connection fees it may be presently charging in a timely manner . This last notion brings into serious question the aforementioned agreement between the developer and the Town. Should the Town nullify this agreement? What is the exact nature and terms of this agreement? Full public disclosure of the details and implications of this agreement need to be made.
Oftentimes individuals and organizations making statements at hearings such as this want to stop something. I come to you as a concerned citizen of Monteagle because the Town needs a well run sewer system, not what exits now and has sadly existed in the past. Although my comments have been very frank and direct, I want you to know that I maintain an optimistic out look for the future of Monteagle. The recent hiring of a public works director for Monteagle is positive for the city, its citizens and the surrounding region. Monteagle is to be complimented on this positive step.

If the public health and safety of Monteagle and the entire region of the south Cumberland Plateau is to be safeguarded, the Town of Monteagle must begin to meet the required standards. Also, the State of Tennessee must continue to vigorously monitor and consistently enforce clean water standards. There must be an informed citizenry to ensure that both the Town and TEDEC carry out these very important respective functions. The responsibilities are many. Any failure of the town to meet the standards or any failure on the part of the State to enforce the standards endangers the health and safety of this community and the surrounding communities. It is my hope that TDEC and others demand that Monteagle will have a sewer system that protects the quality of life, the health and the safety of the citizens and also protects the streams and environment of the South Cumberland Plateau.

There are two considerations to keep in mind: When considering that Monteagle has not met the current limits and that the stream is already impaired, how are the draft permit limitations going to protect the water quality of the receiving stream?
Again, thank you for the opportunity to make a statement at this hearing.

SCCA Meeting is on April 4th

The South Cumberland Community Association (SCCA) is made up of concerned citizens from the South Cumberland Region of Middle Tennessee. The mission of the SCCA is guide growth and development through community education and involvement. Additionally, the Association promotes responsible development on the South Cumberland Plateau by encouraging informed dialogue about the changes taking place in the region. Please join us for the bimonthly meeting of the SCCA on Friday, April 4th at the Monteagle Inn located at 204 West Main Street in Monteagle. The meeting will start at 7:30 p.m.
Iva Michelle Russell will be the guest speaker. Ms. Russell is challenging Incumbent Mayor Charles Rollins in the Monteagle mayoral race. Her presentation will focus on growth and development concerns, environmental issues, water resource challenges and infrastructure status. Following the presentation, Ms. Russell will answer questions from the audience. The SCCA also has extended an open invitation for Mayor Charles Rollins to participate in the meeting.
The Monteagle election for mayor and four alderman/alderwoman positions will be on Tuesday, April 8th.

The public is cordially invited.

Public Hearing Granted for Renewal of National Pollution Discharge Elimination System (NPDES). Permit.

On March 3rd, 2008 theMonteagle Utility Board was informed by Public Utility Director Jim Boynton that notice had been received of a $20,000 fine by the state of Tennesseefor failure to complete one of the Agreed Orders that pertains to the Sewer Moratorium. The unsatisfactory condition of the Monteagle Sewer system is well know. Inspite of the condition of the sewer system, Monteagle was presented with a revised plan at the February meeting by New Life Development that will eventually add approximately 1100 residentail units.

The SCCA has requested a hearing on the renewal of the NPDES permits. The hearing notice information follows:


Public Hearing, Monteagle STP, Grundy CountyFor public notice 02/11/08: NPDES permits for both Monteagle sewagetreatment plants, Thursday, March 27, 2008, Tennessee National GuardAmory, Monteagle, Grundy County, 6:00 PM, local time (central). Thepurpose is to receive comments on TN0021806 - discharge of 0.25 MGD oftreated wastewater to Juanita Creek Mile 1.3 to Gilliam Creek Mile 1.6(STP #1), and TN0064815 - discharge of 0.25 MGD of treated wastewater toMile 1.0 of an unnamed tributary to Trussel Creek (STP #2). The hearingis requested by the South Cumberland Community Association.

Welcome to the SCCA blog.

This site is for current information and news that is important to the South Cumberland Community Association. Please check frequently for updates.

Monteagle Election Issues

The following letter appeared in the March 6th edition of the Sewanee Messenger.It clearly delineates the problems of a planned large development on the South Cumberland Plateau.

Letter to the Editor
Monteagle Elections
Monteagle will hold city elections on Tuesday, April 8th.Iva Michelle Russell is challenging incumbent Charles Rollins as mayor. There are significant issues that are ongoing challenges for Monteagle. Note worthy among the challenges are: 1). The nearly 1100 unit project proposed by New Life Development (part of New Life International of Brentwood TN) at Cooley’s Rift, 2). A failing sewer system and 3). The well-publicized inadequate water supply brought on by an unchecked growing demand and insufficient rain.

The decisions made on these and other issues will have an impact not only on the citizens of Monteagle, but also on the region as a whole. New Life Development has recently submitted the third proposed plan for Cooley’s Rift to the Monteagle planning commission. This latest plan calls for nearly half of the nearly 1100 units to be in Franklin County. A previously submitted plan had most of the units in Grundy County. The demand for water from Monteagle and SUD, infrastructure costs (e.g. sewer and other services) and the overall long term economic impact are largely unknown. This project will nearly double the demand on the already failing Monteagle sewer system.

Franklin County Residents in the Deepwoods area who have property that has been annexed into Monteagle are eligible to vote in this upcoming election. The decisions made by Monteagle will have a very direct impact not only on their lives, but also on the region as a whole. It is now well past time for citizens of the area to play an active role in the future of the South Cumberland Plateau by becoming knowledgeable on the issues and participating in the upcoming election.

Robert L. Childress
Sewanee

SCCA Letter to Grundy County Mayor Bouldin

February 15, 2008
Mayor LaDue "Boo" Bouldin
Mayor, Grundy County
PO Box 177
Altamont, TN 37301

Dear Mayor Bouldin:
I am writing to you on behalf of the South Cumberland Community Association (SCCA). This fledgling organization came together early last year out of concern that there is inadequate public awareness and information on issues that significantly effect the quality of life for everyone on the South Cumberland Plateau. The SCCA’s purpose is to guide growth and development in the Franklin, Grundy and Marion counties through community education and involvement The Association promotes responsible development on the South Cumberland Plateau by encouraging informed dialogue about the changes taking place in the region. The organization holds well attended bimonthly meetings to fulfill the aforementioned mission. There are approximately 140 names on our current mailing list.

The SCCA fully supports the application for grants to complete planning studies for obtaining water from the Tennessee River via a pipeline from South Pittsburg. These required studies should determine the following:

That this project is fiscally sound.
The full range of alternatives to an expensive pipeline project has been adequately developed.
That there has been due diligence as to the engineering costs of all aspects of the project.
That there is financial analysis necessary to make certain that the costs of this project are fairly apportioned (based on benefits) and have been adequately worked out.
Equally important is that there is an effective regional land use plan established and implemented prior to bringing additional water to the South Cumberland Plateau to accommodate new development. Comprehensive region wide planning will significantly reduce the financial risk of the project, both to the districts involved and to potential funding sources.

The SCCA understands that currently the State of Tennessee is very concerned that regional water supply initiatives meet the requirements of all the affected water districts in the region, and not just the needs of one or two of these districts.
Yours truly,

Robert L. Childress
President
South Cumberland Community Association
rlc
Cc.
Paul Sloan,
Deputy Commissioner Environment
401 Church Street
1st Floor: L & C Annex
Nashville, TN 37143
Robert L. Foster, DirectorTDEC Division of Water Supply6th Floor, L&C Tower401 Church StreetNashville, TN 37243-1549 Paul E. Davis, P.E., Director TDEC Division of Water Pollution Control6th Floor, L&C Annex401 Church StreetNashville, TN 37243-1534Beth Jones, Executive Director Southeast TN Development DistrictMailing Address: P O Box 4757
Chattanooga, TN 3740
Mike Killian, MayorCity HallSouth Pittsburg, TN 37380Donald Blansett, DirectorSouth Pittsburg Water UtilitySouth Pittsburg, TN 37380SEN JAMES F. KYLE, JR.9A Legislative PlazaNashville, TN 37243-0028REP GARY ODOM18A Legislative PlazaNashville, TN 37243-0155

SCCA and SERP to Sponsor Panel Discussion on “Drought Consequences and Other Water Issues”

The South Cumberland Community Association (SCCA) and Students for an Environmentally Responsible Plateau (SERP) will cosponsor a panel discussion on "Drought Consequences and Other Water Issues" on February 7th at 7:30 PM in Gailor Hall on the campus of the University of the South in Sewanee. Local panel participants will be Ben Beavers, Sewanee Utility District Manager and Jim Boynton, newly appointed director of Public Works in Monteagle. Dr. Dick Urban and Mr. Gary Burris will represent Tennessee Department of Environment and Conservation (TDEC). Dr Urban is from the TDEC Chattanooga field office and is an expert on wastewater management. Mr. Burris is Field Office Manager from the Division of Water Supply.
Professor Jon Evans of the Biology Department at Sewanee will moderate this information discussion. There will an opportunity for the audience to submit questions to the panelists. The public is cordially invited to attend.

SCCA Position on SUD Rates for 2008

South Cumberland Community Association position on SUD rates for 2008:

1. The SCCA strongly supports SUD's previously stated important strategic position that "growth pay for growth."The organization encourages SUD to incorporate this goal into a formal strategic plan. . Thus, the SCCA supports the implementation of a Water System Development Charge. This charge would be for all new 5/8" water connections to SUD and using the AWWA meter equivalent factor to calculate charges or larger connections. Additionally, the SCCA supports the implementation of a Water Resources Charge for all new 5/8" connections to SUD that do not meet LEED (or comparable) water conservation standards and using the AWWA meter equivalent factor to calculate charges for larger connections for such connections.
However, SCCA encourages SUD to consider waiving this Water Resources Charge for new connections made to University property, given the University's past and present role in protecting the watersheds for the Sewanee community's three reservoirs: O'Donnell, Jackson and Dimmick. SCCA understands that these charges are above and beyond the present SUD tap or connection fee it charges.


2. The SCCA supports changing the water rate fee structure to parallels SUD’s present wastewater rate structure that uses a Base Rate, rather that a Minimum Use Rate. The current rate system is less equitable to very low usage customers. The Raftelis Rate study suggests four rate classes: residential, irrigation, institutional and institutional. This seems reasonable and should be implemented. Additionally the study recommends water conservation rates for residential uses above 8,00GPM and for noninstitutional irrigation customers. Again, this seems reasonable and extremely supportable. If it is the opinion of the SUD board that the water rate increases recommended by Raftelis are necessary for SUD to meet debt service requirements and achieve adequate revenue to perform necessary repair and replacement of water system infrastructure to run a least-cost utility operation, then the SCCA is supportive of these proposed water rate increases.


3. Although the proposed 9% increase in wastewater rate seems reasonable, the SCCA is withholding its endorsement of the increase at this time. It is understood that a significant part of this increase is due to TDEC citations (2005) of SUD’s wastewater plant and subsequent TDEC moratorium (January 2006) on new hook ups.
Several current SUD board members were on the board during the aforementioned situation. SCCA would like a full public explanation and accounting for this situation by SUD. SCCA will then reconsider its endorsement of this rate increase.

4. The SCCA commends this board for hiring a financial consultant of the experience and stature of Raftelis Financial. Having this work done by such credible, independent company allows the community to have confidence in the rate study recommendations. Additionally, the community is assured that the study is believable and fair. This is money well spent, especially if there are any legal challenges of the charges and fees by developers. SUD has done the analytical work to justify the charges and rates that are established. The SCCA strongly encourages SUD to continue to use the services of such a financial consultant on a continuing basis at necessary for adjustment of both future rates and developers' impact fees.

Exciting and Informative November Meeitng Planned

The South Cumberland Community Association (SCCA) is made up of concerned citizens from the South Cumberland Region of middle Tennessee. Our mission is to guide growth and development in the Franklin, Grundy, and Marion counties through community education and involvement. The Association promotes responsible development on the South Cumberland Plateau by encouraging informed dialogue about the changes taking place in the region. Individuals interested in learning more about our group should send an e-mail to Southcumberlandca@gmail.com and/or attend our next meeting.on Thursday November 15th at the Otey Parish Hall at 7:30PM.

This meeting will be the second in a series of presentations that will give local developers and opportunity to make presentations to the membership and the public about their own specific planned developments. Several other short presentation of community interest are also planned.The main speaker will be developer Grant Miller. He will be discussing the proposed "The Village on Sewanee Creek. This eco-friendly and thoughtfully planned project is on 750 acres near Tracy City . According to the web site, clients are encouraged to install approved sustainable systems such as solar water heating, solar energy, wind energy and rain water collection. Mr. Miller’s very and informative web site is at http://www.sewaneecreek.com/.

In addition to Mr. Miller’s presentation, two of Professor Jon Evan’s students will briefly discuss the goals of the organization "Student’s for and Environmentally Responsible Plateau".

Completing the evening meeting will be a very timely presentation by Lyle Brecht on the important subject of "Regional Water Issues".

The public is cordially invited.

Antiquated Zoning Requirements Discourage Environmentally-Friendly Subdivisions, Expert Says

A story from the Chattanoogan. http://www.chattanoogan.com/articles/article_107420.asp
by Judy Frank
posted May 16, 2007

What's a developer to do when the land where he or she wants to put a subdivision is dotted with steep slopes, wetlands, wooded areas and other important natural features?

Treat them as assets, and incorporate them into open spaces that can be used by everybody who eventually buys a house there, an internationally recognized land-use planner said Tuesday in Chattanooga.

The first step in planning a development should be deciding which areas should be left as conservation zones, Randall Arendt told the developers, local officials, planners and community activists who gathered Tuesday at Chattanooga Theatre Center.

'Drawing in lot lines should be the last step,' he said.

'Further,' he said, 'the public should be brought into the planning process for new developments, from the get-go.'

It's too late to hold a public hearing after developers and planners have already held a series of meetings and decided what should be done, he said.

Mr. Arendt -- who crisscrosses the nation preaching the benefits of allowing smaller lot sizes in subdivisions to make room for more open spaces, said it's important that developments include common areas featuring walking trails, picnic areas and other amenities.

Long before a preliminary plan for a subdivision is prepared, he explained, a landscape architect should be tasked with preparing a sketch or concept plan that takes into account the natural, cultural and historical resources of the area in which they are located.

For example, he said, one development in Virginia that he helped plan was build on property where Civil War soldiers had fought. Planners' decision to preserve Civil War-related features and design open areas around them paid off financially, he said, since Civil War buffs liked the idea of living nearby.

'And since the development adjoins a Civil War battlefield, there are a lot of Civil War buffs around,' he said.

Everyone who participates in the planning of a development, including planning commission members and other regulators, should be required to go out and physically walk the land, so that they have actually seen the natural springs, inviting woodlands, historic stone walls and/or other features that should be taken into consideration, Mr. Arendt stressed.

'The site walk is really important,' he said. 'If you don't go out and walk the land, then you don't get a vote. You don't belong on the planning commission.'

In many cases, the zoning laws that are currently on the books need to be rewritten to make conservation design a permitted use.

Antiquated zoning requirements often force developers to create communities that contain nothing more than lots, houses and streets. That needs to be changed to allow clusters of housing and a sizable amount of open space that can be enjoyed by everybody who eventually lives there.

'Never blame developers,' he said. 'They're just reading the book . . . . We need to change the book.'

Another problem, he said, is that current zoning requirements often discourage attempts to find creative solutions to potential problems.

For example, Mr. Arendt said, in some developments centered around lakes, the only people who have access to the lake are the few whose property actually adjoins it.

Rethinking the process and designing such developments so that the lake is surrounded by open areas where all residents can walk would make financial as well as environmental sense, he said, because people will pay more to live where they have access to open space.

The same thing goes for woodlands, he said.

'Money really does grow on trees,' he said.

'There's more value in a subdivision if we don't slaughter the trees (because) people love living in a park. I don't know why that hasn't dawned on developers.'

New Development Plans for Cooley's Rift

Scroll down to the information section on Cooley's Rift to see a color map of the planned development. Notice in particular the purple houses. These represent Phase I development, which is scheduled to begin in the fall. The road along the left edge of the purple houses is Deep Woods Road.

Upcoming SUD Meetings

SUD continues to work out its policy towards new developments within its jurisdiction. These upcoming meetings will be important places to learn more about these issues.

** Working Session, Friday May 11th, 10AM, Bishops Common

** Business Meeting, Thursday, May 24th, 5PM, location TBA

SUD asked to supply water to new developments

SUD has been asked to supply the water to the new subdivisions at Cooley's Rift (800 new residences) and Fish Trap (400 new residences). Generally, if SUD has excess water supply beyond what is necessary for servicing its present customers, it is legally obligated to offer this excess water on an equal (non-discriminatory) basis to new subdivisions that apply for water services from SUD in SUD's District.
Even if SUD can provide this water, which has not yet been determined, can SUD do so without raising the rates of current ratepayers? We believe that, in the interest of SUD ratepayers, " growth should pay for growth." The danger of the current SUD Subdivisions policy is that future rate payers may experience higher rates in order to cover the cost of new subdivisions receiving services from SUD.

Overview of Cooley's Rift

Cooley’s Rift was originally a planned, gated-community development of 81 house lots (see http://www.p-csrift-asp.wsdnpo.net/) on a 1,500 acres tract, of which 1,000 acres would be preserved as a natural wilderness undisturbed except by hiking trails. A few units were sold and a few houses were or are being constructed. However, the original owner of this property was not able to complete this vision and the 1,500 acres were sold to New Life Development ("New Life" d/b/a New Life International) of 103 Continental Place, Suite 200, Brentwood, TN 37027; 615.309.5030 (http://www.newlifeint.org/). Robby McGee is president of New Life (rmcgee@newlifeint.org). Doug Hale, Esq. (a resident of Sewanee) 231 Public Square, Ste. 312, Franklin, TN 37064; (615) 794-1312, is representing New Life as their attorney for the development.

New Life was incorporated in Tennessee in 1979 as a nonprofit entity and has been purportedly in the business of nationwide solicitations of charitable donations from the public through its charitable planned giving division d/b/a National Community Foundation (NCF). According to the Nashville Business Journal, the Pennsylvania Attorney General has filed a civil lawsuit against New Life claiming they deceived senior citizens into buying unneeded financial planning instruments. The State of Maine’s Office of Securities has banned New Life from doing business in Maine, as has the Insurance Commissioner of the State of Washington.

The present plans for the “Cooley’s Rift Development and Tribute Golf Club” as it is called, are for the development of as many as 800 dwellings, an 18-hole golf course, golf club house with swimming pool, condominiums, and commercial development such as a hotel, convenience grocery store, etc. Some of the present lot-owners in Cooley’s Rift are suing New Life Development asserting that these plans are not allowable under the present covenants on this land. Their attorney is Frederick (Rick) L. Hitchcock of the firm Chambliss, Bahner and Stophel; 1000 Tallan Building, Two Union Square; Chattanooga, Tennessee 37402; (423) 756-3000.

Although Cooley’s Rift straddles three counties: Franklin, Grundy, and Marion, the Town of Monteagle has claimed planning jurisdiction for this development. The Town passed an up-zoning request by New Life to rezone this property from 81 lots to 1,200 lots and approved a preliminary plan for New Life to build between 600-800 units on this site. To date, the Town has been willing to grant all permissions for this development despite public concerns for negative economic impacts for the Town and surrounding area, traffic congestion along Deepwoods Road and feeder roads, adequate wastewater treatment (Monteagle presently is under a building moratorium because of their antiquated systems), water quality, quality-of-life, development oversight, and public safety. The Town believes that New Life will pay a portion of a new wastewater treatment facility (presently under a TDEC no-build moratorium) for the Town in exchange for the Town giving New Life the effluent from the treatment plant to irrigate the proposed 18-hole golf course. The Town of Monteagle may be required to raise sewer rates as much as 100% to pay for the new sewers and wastewater treatment plant.

A large portion of the proposed development at Cooley’s Rift lies within the Sewanee Utility District (SUD) water and wastewater district. SUD has been approached by the Town of Monteagle to enter into a deal whereby SUD would supply all the drinking water for the development and Monteagle would supply all the sewer connections and wastewater treatment for the development. No agreement has yet been finalized with the Town of Monteagle. SUD has also been approached informally by representatives of New Life in regards to supplying water services for the Cooley’s Rift development. Again, no agreement has been finalized with New Life and New Life has not submitted a formal request for services to SUD.

The Tennessee Department of Environment and Conservation (TDEC) (http://www.state.tn.us/environment/) is presently allowing the development at Cooley’s Rift to proceed under a General Construction Permit, even though a General Construction Permit was originally designed for “business-as-usual” small, 100-200 acre developments (which hardly describes a 1,500 acre development). There are also at least five additional special permits that New Life may be required to apply for, all of which require a public hearing before being granted. However, it appears that New Life is waiting to apply for these permits, one-at-a-time, only after its development is well under way. In this fashion, each permit may be granted, even though overall, the development could adversely impact the Trussell Creek watershed in which the property lies.

Trussell Creek is presently classed as an impaired stream by the USEPA based on the effects of the flow of effluent from the Town of Monteagle’s two wastewater treatment (WWT) plants into this creek. TDEC is hoping that by enabling New Life to use the effluent from the Town of Monteagle’s WWT plants to irrigate their golf course that this will improve the water quality of Trussell creek. Using effluent to irrigate golf course is pretty much a standard in other parts of the country (e.g. the Southwest), although this is rare in Tennessee. As in other forms of irrigation, there tends to be a build-up of salts in the soil over time. Whether this build-up of salts would occur in an environment such as Tennessee that receives ample rainfall will require study.

In the interim, before the Town of Monteagle completes its new WWT plant, New Life plans to use the Lake Louisa reservoir to irrigate the golf course, drawing as much as 400,000 gallons per day from this reservoir. New Life was required by TDEC to hire hydrologic engineers to assess the ability to draw this much water from the Lake Louisa reservoir without impairment. According to New Life’s engineers, this amount of drawdown will not impair Lake Louisa. At this time, it is not known whether TDEC has validated this research by New Life’s engineers.

Also, to date, TDEC has not required either the Town of Monteagle or SUD to verify that they have either the water supply or wastewater treatment facilities capacity to service a development of this magnitude. Also, neither the affected counties nor the State has required the Town of Monteagle to perform the planning studies that are typical for a development of this size such as road safety studies and a study of the economic impacts to the Town and surrounding communities of the public infrastructure that will be required to support such a large development. The Town of Monteagle is in an especially vulnerable situation, as presently the Town has no property taxes. Thus, this traditional source of revenue available from new development is not applicable in the case of the Cooley’s Rift development.