TO:  TNARCH-L Recipients

For your information, the appeal of the order by Commissioner Milton Hamilton (Department of
Environment and Conservation) by Larry Melton, Walden Blankership, Blankenship/Melton
Development, Inc. and Blankenship/Melton Real Estates, Inc.  is listed first on the agenda
for the Water Quality Control Board for 10:00 am, June 27 on the 17th Floor, L&C Tower, 401
Church Street, Nashville.

Comments on this project may be submitted to environment@mail.state.tn.us


http://www.state.tn.us/environment/epo/hotlist.htm
1999 Enforcement Summary


One enforcement case that has received considerable attention is the development
on Swallow Bluff Island. Two corporations in the process of developing Swallow
Bluff Island, a 69-acre island located in Kentucky Lake at river mile 170 of the
Tennessee River, have been found to be in extreme violation of state and federal
law. The development will include residential lots with boat docks and an airstrip.
This island is a recorded archaeological site and has been used as a Native
American village and burial site since prehistoric times. The habitat surrounding the
island supports several mussel species, including 3 federally listed endangered
species. The corporations were notified of the presence of the endangered mussel
species, the burial mounds and the permit requirements of TVA, TDEC and the
U.S. Army Corps of Engineers. They have continued their development without the
required permits and despite a Corps Cease & Desist Order. Significant erosion is
now taking place as a result of the unpermitted activities. TDEC Commissioner
Milton Hamilton issued an enforcement order in coordination with the Tennessee
Wildlife Resources Agency (TWRA), U.S. Fish & Wildlife, TVA, Corps of
Engineers, and the Divisions of Water Pollution Control and Archaeology. The
Order demands corrective action and assesses a civil penalty of $228,000.00 and
$7,464.78 damages. 

Contact: Joe Sanders (615) 532-0131, Ken Pointer (615) 532-0229 or Nancy Kerastas 
(615) 532-0129

According to an article in the Courier (Savannah, Tennessee) entitled "Swallow Bluff
development blocked by state" (March 16, 2000), Blankenship-Melton Development Inc. of
Lexington, Tennessee has appealed the penalties charging that "the department [of Environment
and Conservation] has engaged in a deliberate media campaign on misinformation to shield the
state from a potential lawsuit by a group of Native Americans."  Further construction on the
luxury residences and airstrip are on hold as the appeal proceeds.

Kevin E. Smith, TNARCH-L Listowner
kesmith@frank.mtsu.edu