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SANDRA CLARK, A-5
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Vol. 50, No. 5 • January 31, 2011 • www.ShopperNewsNow.com • 4509 Doris Circle, Knoxville 37918 • 922-4136
County responds to stormwater story Last week’s edition went to press before we received Knox County’s response to Betty Bean’s story “McMillan farm issued notice of storm water violation.” James McMillan, long one of the most vocal critics of the county’s stormwater enforcement practices, alleges that Knox County was retaliating when it issued a Notice of Violation to his father, Charles McMillan. The notice pertained to construction work around a cell tower site on the senior McMillan’s property. Interim Public Works director Dwight Van de Vate’s response: “Over the past seven months, Stormwater Management has issued 40 Notices of Violation (NOVs) to individual property owners in Knox County on sites that are not under active Stormwater oversight. We have issued an additional 68 NOVs on sites that are actively monitored. The purpose of these 108 NOVs is strictly a first formal notice seeking corrective action and to protect the natural resources of the county. This is why these notices do not include any fine or penalty, but simply serve to let the property owner know that there is a problem, and to document Knox County’s efforts to find a solution. “The Law Director’s Office has stipulated that these notices should issue to the property owner, as any contractor working on a site is doing so under the authority of the land owner. We hope Mr. McMillan understands that the notice he was issued was handled in the same way as any other similar violation.” – Larry Van Guilder
AROUND THE NEIGHBORHOOD TDOT’s Martinez to join Haslam administration The Shopper-News has learned that local Tennessee Department of Transportation spokesperson Yvette Martinez will soon join Gov. Bill Haslam’s staff. In a Jan. 26 e-mail sent to reporter Natalie Lester, Martinez wrote that she is leaving TDOT to become the new governor’s press secretary. Before joining TDOT, Martinez was a reporter and news anchor for WBIR-TV in Knoxville.
Old-time music Dirk Powell and Riley Baugus will perform “oldtime music” 8 p.m. Saturday, Feb. 5, at the Laurel Theater. Tickets are $15 ($14 in advance, $13 for JCA members, students and seniors, $8 children 12 and under). Info: 523-7521.
Work has been halted on the Fountain City Road/ Dry Gap Pike road project, officials say, because of inclement weather. It is scheduled to be completed by early May. Photo by Ruth White
Weather delays Dry Gap work By N B Natalie t li LLester t Workers have been scarce at the Fountain City Road/Dry Gap Pike road project in recent weeks, but officials say the weather is to blame. “Cold and wet weather moved into the area earlier than normal and has extremely limited the
work the contractor k th t t can complete l t (grade work, asphalt etc.),” said Knox County Public Works deputy director Jim Snowden. Snowden says that the contractor, Rogers Group Inc., “did have a period late last summer where they weren’t as productive as we
ld prefer f and, d after ft speaking ki would with them, they made necessary corrections and work progressed much faster and efficiently. “The contractor has assured us they will mobilize forces as soon as weather permits and complete the project on time.”
Wh t t d last l t Thursday, Th d When contacted a Rogers Group Inc. public relations representative, who did not identify himself, had no further comment. The project began last July and is scheduled to be completed by early May.
Burchett meets with critics of stormwater policy By Betty Bean Last week, Knox County Mayor Tim Burchett met with Shannondale farmer James McMillan, Clean Water Network director Renee Hoyos and CWN attorney Stephanie Matheney to discuss Knox County stormwater enforcement issues in general and the Notice of Violation recently issued to McMillan’s father, Charles McMillan, in particular. The elder McMillan had a contractual agreement allowing T-Mobile to build a cell tower on his property, and the grading contractor had failed to install a legally required silt fence at the construction site until the work was almost complete. The McMillans say that the citation should have gone to the permit holder or the contractor, over whom they have no control. They are demanding an apology. James McMillan is a frequent and vocal critic of county stormwater enforcement, and the McMillans and CWN officials charged that the citation was payback for the younger McMillan’s activism. How did the meeting go? Depends on whom you ask. Burchett: “I think the meeting with Mr. McMillan and Ms. Hoyos went well and was very productive
Stephanie Matheney, James McMillan and Renee Hoyos after their meeting with Mayor Tim Burchett. Photo by Betty Bean for us, and I certainly hope it was productive for them. I look forward to continuing to work with them in the future on stormwater issues.” Hoyos: “It was a productive conversation. We talked about prioritizing sites – emphasizing sites that are harming property, neighbors or clean water. They indicated they would look at doing that. And they said the McMillan’s citation was not retaliatory.” Matheney: “We learned the McMillan citation was one of 40 NOVs that went to what (stormwa-
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ter manager) Chris Granju called ‘mom and pop’ sites last year. Why are they wasting time on that? We want them to work on bigger sites that are causing harm. Dwight Van de Vate (county engineering director) admitted there was no evidence that pollution had come off the McMillan site and gotten to the stream.” James McMillan: “I keep hearing that all these foreclosed sites are a big enforcement problem in Knox County. Does this mean that they are sending demand letters to the banks that now own the prop-
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erties and treating them like they have treated the McMillans?” Knox County’s stormwater ordinance is a little muddy on the issue of where notices of violation should go. One paragraph says the notice should go to whoever has operational control over construction plans and specifications. Another section says that the director “… may issue a notice of violation to the permittee or property owner and/or any other person or entity having responsibility for construction work performed at a site development.” James McMillan remains unconvinced and believes that his father was cited, and threatened with a $5,000 per day fine, because of the son’s persistent criticism of county enforcement efforts. Hoyos said that Burchett agreed to consider her suggestion that the county do more wet weather inspections. “The Network’s goal is to reduce sediment in the rivers, and there are a number of sites around the county that contribute sediment. We would like for them to focus on correcting large sites discharging large amounts of mud to streams.” And what about an apology to the McMillans? “I don’t think so,” Hoyos said.
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