John Coffelt, Editor

Coffee County Budget and Finance Committee approved a recommendation to donate $36,000 to a local nonprofit’s legal challenge against an environmental permit related to the state’s bridge relocation project at Old Stone Fort State Archeological Park.    

Read hearing documents: Administrative Order  

If approved by the full County Commission, the funds that will go primarily to help with the $16,000 in legal fees that the group currently owes related to an administrative hearing they initiated with the state to challenge the  most recent ARAP (Aquatic Resource Alteration Permit) for the project. The donation will further fund the needed $12-20,000 for the Coffee County Chancery Court appeal of the administrative judge’s decision to uphold that ARAP permit.   

The challenge by the Old Stone Fort Bridge Preservation group to an ARAP was rejected by the Department of State Administrative Procedures Division on Thursday, Aug. 21, saying that the group’s experts based their evidence on “conclusory generalizations” and “incorrect facts.” The remaining option to challenge the ARAP for an appeal is with the county courts.  

County Mayor Dennis Hunt called the project the best use of Tourism dollars that he can think of.

“The Stone Fort Preservation Group as you all know have fought extremely hard in the courts and in the public opinion and have been pretty successful so far.”

Hunt added that the private sector has been funding their efforts and state representatives (state representative Rush Bricken and Senator Janice Bowling) suggested the county help financially.    

The Old Stone Fort Bridge Preservation Group President Matt Wiser said that the bridge is a central attraction to the state park. He said the environmental aspect of saving the bridge is essential.  

“Some of the things we’ve done (is) hired private engineers… they think (the state could renovate it) at a fraction of its cost,” Wiser said.

Wiser said that the group owes $16,000 for attorney fees and expert witnesses and engineering reports.  

The case brought by OSFB Preservation Group Attorney Jason Holleman presented May 15, 16, and 19 before Administrative Judge Elizabeth Cambron challenged the permit by alleging that that the work authorized by the permit constitutes more than de minimis (minimal) degradation, and that TDEC failed to consider practicable alternatives to replacing the Campground Lane Bridge.

However, The Department of State Administrative Procedures Division’s order found that the Tennessee Department of Environment and Conservation did not violate the Water Quality Control Act of 1977 in granting the ARAP for replacement of the Campground Lane Bridge over the Duck River within the Old Stone Fort State Archeological Park.

“OSFB Preservation Group failed to meet its burden of proof as to both of its assertions,” the order states.

“Further, the weight of (OSFB Preservation Group ARAP expert) Sulkin’s testimony is significantly undercut by his reliance on incorrect facts. He believed that the determination of de minimis degradation depends on the quality of the waters that will be impacted and that the permit authorized TDOT to draw down the river using the nearby Old Mill Dam, both of which are incorrect,” the order states.

The order asserts that OSFB Preservation Group offered no proof other than the testimony of its expert Barry Sulkin in support of its assertion that any of the temporary impacts are of more than a short duration.  That testimony, the order said, offers, “little more than conclusory generalizations and provides no support for OSFB Preservation Group’s assertion” as to the temporary impacts.

Administrative Judge Elizabeth Cambron wrote in the order that “Based on the evidence presented in the case, it is determined … the Old Stone Fort Bridge Preservation Group (OSFB Preservation Group), failed to meet its burden to prove by a preponderance of the evidence that TDEC violated the Act or the regulations in granting this permit.”

Bridge group member and former President Gary Kiviniemi said the decisions were done in haste.

“I think we are going to prevail, but we would certainly love to have your-all’s assistance,” he said. “It is a focal point for events throughout the year.”

TDEC plans do not call for the demolition of the bridge, rather the repurposing of it as an overlook on a historic section of the former Dixie Highway near the current Highway 41 bridge that was built in 2012

Contribution not from county general fund  

The contribution will come not from the county general fund, rather will come from what Budget and Finance Chairman Tim Morris calls “out of town money.”

According to Budget Director Marianna Edinger, Tourism revenues from the Hotel Motel Tax brought in roughly $575,000 that by state code must be used for economic and tourism development.

Of that money, about $300,000 goes to the Coffee County Industrial Board for economic development by recruiting new industry to the area, and about $18,000 for tourism development that mostly included donations to the Public Building Authority for maintenance at Coffee County Conference Center and the Tennessee Backroads Heritage program. The county also contributed $5,000 to outdoor lighting at the courthouse.

The recommendation for funding comes with a stipulation that the bridge group must report all its expenditure.

The motion passed 7-0

John has been with the Manchester Times since May 2011. John has won Tennessee Press Association awards for Best News Photo and placed in numerous other categories. John is a 1994 graduate of Tullahoma High School, a graduate of Motlow State Community College and earned a Bachelor of Arts in English from Middle Tennessee State University. He lives in Tullahoma, enjoys painting, dancing and exploring the outdoors.