Legal questions stall Fruehauf’s quarry proposal

DUANE CROSS
MCO Publisher•Editor

A proposed rock quarry in Tolleytown is on hold after a Nashville attorney challenged whether Moore County's Board of Zoning Appeals has the legal authority to approve it.

The board voted unanimously Tuesday, Oct. 20, to delay action on Lynchburg Stone LLC's request for a special exception at 606 Winchester Highway. The decision followed a letter from an attorney representing residents opposed to the project, raising questions about whether the county's zoning ordinance permits quarrying on agricultural land.

Rather than risk approving something the ordinance might not allow, board members agreed to seek guidance from Moore County Attorney Bill Rieder.

"I would advise that we wait until we speak with Mr. Rieder for counsel," newly elected chairman Patrick Maynard said before the vote.

Attorney challenges board's authority

Attorney Karla D. Ogle appeared before the board to read an Oct. 19 letter from Jason Holleman of the Holleman Law Firm in Nashville, who represents Moore County residents opposed to the quarry. Ogle explained that she was appearing for the limited purpose of presenting the letter on behalf of the firm.

Holleman's argument centered on two sections of Moore County's zoning ordinance.

Article V, Section 5.041(C), identifies uses that may be approved by special exception in the A-1 Agriculture-Forestry District. According to Holleman, that list makes no provision for mining or quarrying.

Section 5.048(C), which governs heavy industrial zoning, specifically includes rock quarries and mining operations among uses eligible for special exceptions.

Holleman contends that distinction leaves the board without authority to approve the quarry under the property's current zoning.

In his letter, Holleman urged Rieder to advise board members that they "lack the legal authority to consider a special exception permit request for a rock quarry on agriculturally zoned property."

The letter also questioned whether the county's meeting notice complied with state law and raised concerns about information residents reportedly received concerning advance registration for public comment.

Board members and Codes enforcer Christine Pyrdom responded that residents were welcome to speak during Tuesday's meeting and that public comment was included on the agenda.

Rieder had received the letter before the meeting, but board members said they had not heard back from him.

Lynchburg Stone developer Scott Fruehauf explained how the quarry would operate and why he believes it could benefit local customers. He also made clear he was willing to wait for an answer.

"I'm not in a hurry," Fruehauf told the board. "I have no problem waiting another couple weeks, months, whatever I need to, to make sure that the county doesn't get any hot water. I don't want the county to get in a lawsuit over this either."

A small quarry with local customers in mind

Fruehauf told the board that Lynchburg Stone would operate on a much smaller scale than the region's large commercial quarries. He estimated annual production at approximately 20,000 tons, with crushing equipment operating seven to 15 days a year, depending on how much material needed to be stockpiled.

"If we're running a crusher, we're going to crush close to 3,000 tons a day," Fruehauf said. "We're only crushing seven to 15 days a year, depending on the stockpile."

Blasting would be limited, too. "We're probably only going to have four blasts a year, not 20," he said.

Fruehauf said he doesn't envision trucks coming and going throughout the day. Most deliveries would be arranged a day ahead, with independent truckers hauling rock as customers needed it.

The business could eventually support four Lynchburg Stone employees if demand justified expanding the workforce. Initially, Fruehauf expected considerably fewer workers on site.

Fruehauf said the quarry would give Moore County farmers, homeowners, and contractors a local source of gravel and crushed stone, reducing hauling costs. "This isn't to service people in Murfreesboro," Fruehauf said.

Transportation costs would make it difficult to compete for business farther away, he explained. But he believes the demand close to home could support a small operation.

Why agricultural zoning matters

The quarry proposal first came before county officials in March, when the Planning and Zoning Commission voted 5-0 to forward Lynchburg Stone's preliminary site plan to the Metro Council.

Fruehauf, who also serves on the Planning and Zoning Commission, recused himself from that vote because of his involvement in the project.

The property has a history of quarrying. It once supplied rock during construction of Tims Ford Dam in the late 1960s, and operations continued into the 1980s before the site closed.

Earlier meetings also brought questions about blasting, truck traffic, property damage, and the quarry's potential effects on groundwater.

During the council's March 16 discussion, members appeared receptive to allowing the quarry through a special exception rather than changing the property's agricultural designation to heavy industrial. No formal vote was taken.

Council members were also concerned about what might happen to the property after quarrying ends. Heavy industrial zoning could allow a future owner to pursue other industrial uses. Keeping the property zoned agricultural, council members reasoned, would help avoid that possibility.

Fruehauf said he was willing to seek heavy industrial zoning but preferred a special exception because it could limit the property to the proposed quarry operation. "That's why I'm totally fine with a special exception," he said.

Fruehauf said he has no intention of turning the property into a landfill or pursuing other industrial uses.

State permits secured, January opening uncertain

Fruehauf also updated board members on the project's regulatory status, explaining that Lynchburg Stone has satisfied state-level permitting requirements, including those involving mineral operations and stormwater discharge.

The company has also addressed requirements concerning access, parking, and loading areas. "As far as I'm aware, we have everything that the state requires," he told the board. "We just need the local approval."

Had the board approved the request Tuesday, Fruehauf hoped to begin clearing and preparing the property as early as next week. His target opening date for customers was Monday, Jan. 4, 2027.

Fruehauf said he would accept a delay while Rieder reviewed the objections. He also acknowledged that waiting for legal guidance before clearing trees or preparing to drill and blast would be in the county's best interest.

Decision pushed to next month

With the legal question unresolved, Brady Goodwin moved to wait for the county attorney's advice, and Peggy Sue Blackburn seconded. The motion passed unanimously among the three members present. Josh Cook and Houston Lindsey were absent.

Board members indicated that the application would be returned for discussion at next month's meeting after Rieder has had an opportunity to review the objections. A county official also indicated Lynchburg Stone would not be required to pay another application fee.

Following adjournment, an attendee questioned whether additional public comments should have been heard. Maynard responded that members had already decided not to discuss the quarry further until receiving legal advice.

No special exception was approved or denied Tuesday. Fruehauf still hopes to open Jan. 4, but that timetable now hinges on what the county attorney has to say.