By Ben Benton and Pam Sohn

Staff Writers

DUNLAP, Tenn. -- Sequatchie County developer Phil Hunt says people can't appreciate the impact of rock mining on local property until they see it for themselves.

The residential developer is inviting everyone for a first-hand tour.

Mr. Hunt owns thousands of acres on Cagle Mountain, but he doesn't own the mineral rights.

"Other people own property that don't own the mineral rights and I want them to see what can happen to them," Mr. Hunt said.

Mr. Hunt wants interested people to tour of his development so they can see how rock mining is done and what a 3,500-acre residential development looks like in the aftermath.

He hopes to attract the attention of government officials who could come up with a solution, he said.

Mr. Hunt said he knew Tennessee Consolidated Coal Co. owned the mineral rights to his property. He said he discussed removal of rock from his property with the coal company but when big trucks and equipment began using his roads, he began trying to protect his work and property.

Tennessee Consolidated is owned by Massey Energy Services in Richmond, Va. Philip Nichols, Massey's treasurer, said the firm was reluctant to comment in detail since a legal dispute between Tennessee Consolidated and Mr. Hunt over access to the site is pending in court.

"We're considering the appropriate response," Mr. Nichols said. A response could come in the next few days, he said.

Rock mining is not regulated in Tennessee, according to state officials. Rock harvesting, like many other operations, often requires stormwater permits from the Tennessee Department of Environment and Conservation, said spokeswoman Tisha Calabrese-Benton.

Stormwater permit records show several companies in recent years have mined rock all over Cagle and Smith mountains, the area where Mr. Hunt's development is being built.

TDEC officials said Tennessee Consolidated has been permitted for rock harvesting before and records show the coal company has mineral rights to thousands of acres on the Cumberland Plateau.

State officials say Tennessee Consolidated and rock mining companies working for them have obtained stormwater permits.

When TDEC inspected the site in March, regulators reported no problems with rock miners' work but cited Mr. Hunt for lacking permits to cross streams with the roads he built.

Mr. Hunt said he will fix any problems he caused.

Ms. Calabrese-Benton said the investigation is continuing.

TDEC requires any earth work on property "be stabilized so that it does not erode and cause water pollution," she states in an e-mail.

"However, because dimension stone is exempt from the requirements of the Tennessee Mineral Surface Mining Law of 1972, there is no additional reclamation requirement," the e-mail stated.

The environmental group Save Our Cumberland Mountains, which has fought for legislation to protect landowners' rights against strip mining, is considering a closer look at rock mining with the entry of Tennessee Consolidated into the arena, officials said.

But Mr. Hunt said he hopes to get some lawmakers to take him up on his offer of a tour.

He said the ground has been so disturbed that it could cause problems installing septic systems in his development.

Damage to the land's "surface" -- what Mr. Hunt says is defined in his deed as his property -- has hurt the value and marketability of his property, he said.

"If I own the surface, show me my 'surface,' " Mr. Hunt said. "I haven't got anything left."

"If people think we're stretching the point, I'd like them to look and see for themselves," he said.

Mr. Hunt said anyone who wants a tour should contact him at home at (423) 949-9385.

E-mail Pam Sohn at psohn@timesfreepress.com

E-mail Ben Benton at bbenton@timesfreepress.com

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