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April 05, 2007
Rock Mining Threatens Cumberland Trail
A cascade along the Cumberland Trail - just north of where
the rock removal is taking place. Photo by Jeffrey Hunter
Judge denies rock mining injunction
Temporary restrictions will keep equipment of miners 50 feet from Cumberland Trail.
By Pam Sohn Staff Writer - Chattanooga Times Free Press
A Hamilton County chancellor on Wednesday ordered rock miners not to use mechanized or motorized machines to extract mountain stone from the Cumberland Trail State Park within 50 feet of the Cumberland Trail.
But Cumberland Trail Executive Director Paul Freeman remains concerned that the very steep terrain along most of the trail where it traverses the side of Walden’s Ridge above Soddy-Daisy means any mining above the trail will make hiking there a liability.
“If this were on flat plain, it would probably be OK, but this is a very steep area,” Mr. Freeman said. “If a rock gets away, it can travel 1,000 feet. If they are doing anything above the trail, it will be hard to keep the public safe.”
In the ruling, Chancellor Frank Brown denied the state’s request to order a stop on all rock mining on state property in the 300-mile-long park. Park lands extend varying distances from the trail, ranging from a few feet in some areas to many acres in others. State officials sought the injunction after trail walkers in January reported a 70-to-100-yard section of the trail torn up by a rock mining operation for Florida-based Lahiere/Hill Partnership.
But the chancellor did create what he called “a limited temporary injunction.”
Harvesters may not extract rock “by any means” within 25 feet of the nearest edge of the hiking trail, and they may not use any mechanized or motorized machinery to harvest rock between 25 and 50 feet from the nearest edge of the hiking trail.
“However, they may obtain rock by manual means, i.e. break rock by a sledgehammer or other hand tool, pick up loose rocks, and transport the stone by hand, wheelbarrow or carts to trucks located more than 50 feet from the area nearest the Cumberland Trail,” the ruling states.
Chancellor Brown’s ruling Wednesday was not intended to address other issues in the growing rock mining debate, including whether Tennessee mountain stone — used on many area buildings, walls and walkways — is considered a rock or a mineral.
Tennessee now has conflicting laws and state attorney general rulings. The state does not regulate the operations as mining, but the Department of Revenue allows counties to tax the stone as a mined product.
Tisha Calabrese-Benton, spokeswoman for the Tennessee Department of Environment and Conservation, which manages state parks, said the department will continue to work with the Tennessee Attorney General’s office “to pursue a permanent solution.”
“We believe the intent of the temporary injunction ruling was to allow the activity, but in a safe manner,” she said. “We are certainly hopeful that will be the case and the trail can be reopened.”
Sharon Curtis-Flair, spokeswoman for the Tennessee attorney general’s office, said attorneys would review the opinion before making a decision on future legal action.
The mineral rights owner, Elmer Hill of Florida, and the mining contractor, Marty Daggett, of Pikeville, Tenn., could not be reached for comment.
Hiking in the News | By Jeffrey Hunter | 11:20 AM
