Monday, December 29, 2014

Firm Tied to Second IDB Member Sells Land to US Nitrogen

By Walter F. Roche Jr.

A second Greene County firm with ties to a member of the Industrial Development Board of Greeneville and Greene County has sold property to US Nitrogen, state and county land records show.
The 3.58 acre property on Pottertown Road was sold Dec. 11 by J and J Warehousing to US Nitrogen for $75,000. J and J is headed by Jerry Fortner, who is a member of the industrial development panel which has strongly backed US Nitrogen in its efforts to open a more than $200 million ammonium nitrate manufacturing facility.
Another Fortner company, C & C Millwright,  is the lead contractor for the US Nitrogen project. As a result Fortner abstained from key IDB votes on US Nitrogen matters.
Fortner did not respond to emails requesting comment about the sale.
Records show J & J bought the property on Oct. 15 of last year for $69,000.
A company tied to another IDB board member, J W. Douthat, also sold property to US Nitrogen but Douthat did cast a favorable vote on a US Nitrogen matter in mid-July. He had abstained in an earlier vote.
Douthat Properties sold two parcels to US Nitrogen for a total price of more than $1 million. A 13.67 acre property was sold for $148,740 on Oct. 9 while a 78.7 acre parcel was sold for $851,257 on Oct. 24.
The US Nitrogen project, which includes a double barreled 12 mile pipeline to the Nolichucky River, has sparked four pending lawsuits challenging both the state and local approvals of the project.
Meanwhile C & C, US Nitrogen and Merkel Brothers Construction Monday announced they were offering a $10,000 reward for anyone providing information leading to the arrest and conviction of the party or parties responsible for damage at a US Nitrogen construction site on the river. The damage to a cofferdam on Dec. 3 is currently under investigation by the Greene County Sheriff's department.
 "The recent vandalism of the cofferdam jeopardized the safety of our workers, damaged specialized equipment and caused delays in construction," according to the company statement.
Anyone with information on the incident is asked to contact the sheriff's office at 423-798-1800.
wfrochejr999@gmail.com

County Number: 030
County Name: GREENE
Tax Year: 2015
Property Owner and Mailing Address

Jan 1 Owner:
US NITROGEN LLC
471 POTTERTOWN RD
MIDWAY, TN 37809
Property Location

Address: POTTERTOWN RD
Map: 070 Grp: Ctrl Map: 070 Parcel: 083.01 PI: S/I:000
Value Information

Reappraisal Year:2013
Land Mkt Value:$52,300
Improvement Value:$0
Total Market Appraisal: $52,300

Assessment %:40
Assessment:$20,920
General Information

Class: 09 - INDUSTRIAL
City #: 000 City:
SSD1: 000 SSD2: 000
District: 19 Mkt Area: R01
# Bldgs: 0 # Mobile Homes: 0
Utilities - Water / Sewer: 00 - PUBLIC / NONE Utilities - Electricity:01 - PUBLIC
Utilities - Gas / Gas Type:00 - NONE Zoning:
Subdivision Data

Subdivision:   LINDA RENNER PROP
Plat Bk:  H Plat Pg:  42 Block:   Lot:  1-4
Additional Description
Building Information

Extra Features

Sale Information

Sale DatePriceBookPageVac/ImpType InstrumentQualification
12/11/2014$75,000549A2354VACANTWDM
10/15/2013$69,000533A1460VACANTWDM
05/29/2008$48,000449A463VACANTWDA
08/10/2007$0433A1754
09/01/2000$25,000194A500VACANTWDB
01/01/1982$2,000368388VACANTWDA
Land Information

Deed Acres:3.58 Calc Acres:0.00 Total Land Units:3.58
 Land Type:  03 - SMALL TRACT  Soil Class:    Units:  3.58
       View GIS Map for this Parcel
Glossary of Terms How to Search


Monday, December 22, 2014

US Nitrogen Got Early Fast-Track Approval for Confidential Gas Deal

By Walter F. Roche Jr.

US Nitrogen and Atmos Energy got swift state approval in late 2011 for a confidential gas transportation contract that is key to the operation of a multimillion dollar Greene County manufacturing plant.
Records at the Tennessee Regulatory Authority show the agreement was approved on Dec. 19, 2011 less than five months after its submission on Aug. 2, 2011. The state board also allowed the companies to keep secret the actual payment rate for the 10 year deal which can be extended for up to 20 years more in five year increments.
The docket for the case shows not only the original application but subsequent responses to authority questions were either filed under seal or had key sections redacted. The 12-page agreement was signed by Shawn Rana for US Nitrogen and William Greer for Atmos.
"Details of the contract, including rate structure, are confidential business information," Amanda Jennings, a US Nitrogen spokeswoman wrote in an email Monday.
In a statement issued in early 2012, state regulatory authority chairman Kenneth C. Hill said the approval had been fast-tracked because the panel "recognized the significant economic impact this would have for the area."
Hill and other authority members also attended a January 2012 groundbreaking ceremony for the new plant
The state files on the project also detail the timeline leading to the agreement which show the groundwork for the project was being set long before any public notice, which came in February of 2011.
In fact talks between Atmos and US Nitrogen, the application states, began in October of 2010. At that time US Nitrogen was considering Tennessee along with unspecified sites in other states. US Nitrogen filed incorporation papers in Tennessee on Dec. 1, 2010.
The agreement between Atmos and US Nitrogen came on June 23, 2011.
Though an exact date was not provided, the filings also show that the first contact to Atmos was made by the Greene County Partnership "and other area industrial development interests."
In January of 2011, the filings state, US Nitrogen informed Atmos of the location choice on Pottertown Road in Greene County. That same month, records show US Nitrogen made its first land purchase, a 1.38 acre property in Greene County.
An Atmos Energy official said that the contract approved by the state was only for the transportation of natural gas, but declined to respond to other questions.
"The contract between Atmos Energy and US Nitrogen is a transportation-only contract," Mike Ellis of Atmos wrote in an email.
Jason Freeeark of US Nitrogen, however, indicated in response to questions that Atmos might also be supplying gas.
"When fully operational , US Nitrogen will be one of Greene County's largest natural gas consumers, purchasing approximately $18 million annually. US Nitrogen considered several other options and proposals before selecting Atmos Energy as its natural gas supplier," Freeark said in a written response to questions.
He noted that part of the contract calls for US Nitrogen to pay Atmos $600,000 for the construction of "necessary facilities" to supply the plant.
The natural gas will be used in the manufacture of ammonium nitrate, which will then be shipped to Austin Powder facilities in other states. US Nitrogen is a subsidiary of Ohio based Austin Powder.
According to the state application the state authority approval was necessary because the proposal called for US Nitrogen to pay for gas transit services below an established tariff.
The filing states that a counterproposal to the Atmos proposal was offered by Spectra Energy but provides no further details.
Though the filing indicated the contract would go into effect with the then anticipated plant start-up date of October of 2012, Freeark said that the effective date will be set when the plant actually opens. That has been projected for March of next year.
US Nitrogen has faced delays in obtaining some necessary approvals and now faces four lawsuits challenging state and local approvals for the project.
wfrochejr999@gmail.com

Note to view TN Regulatory docket on petition: http://www.tn.gov/tra/dockets/1100122.htm







Friday, December 19, 2014

Chancellor Hears Arguments in Greene County Pipeline Case

By Walter F. Roche Jr.

A Davidson court official has taken under advisement motions to throw out a suit brought by landowners opposed to a 12-mile pipeline in Greene County being constructed by US Nitrogen.
Chancellor Russell Perkins Friday indicated he could rule on the matter within the next two weeks.
The case was brought by a group of landowners who are challenging the authority of the Tennessee Department of Transportation to grant a right-of-way permit issued for the US Nitrogen project.
Attorneys for the state argued that the suit was premature and the landowners had failed to exhaust administrative appeals. They also have questioned the right of the landowners to file the suit in the first place.
Elizabeth Murphy, representing the landowners, said that because of a new state law, the permit issued by the state was final 60 days after it was issued Aug. 1 and there was no mechanism for an administrative appeal.
The landowners suit charges that TDOT did not have the legal authority to grant a right-of-way to a company other than a public utility.
The suit, which seeks an immediate halt to the pipeline construction, is one of several ongoing legal challenges to the US Nitrogen project.
The company intends to use the pipeline to pump millions of gallons of water per week from the Nolichucky River to its $200 million ammonium nitrate manufacturing plant now nearing completion in Midway.
The company disclosed Friday that repairs had been completed along the river where the pipeline will be located. They have charged that a cofferdam had been damaged by vandals. US Nitrogen officials said that with the repair completed, work on the pipeline will resume.
wfrochejr999@gmail.com

Monday, December 15, 2014

US Nitrogen Donates Funds for Firefighters' Training

US Nitrogen officials have announced they will donate $50,000 tomorrow to the Greeneville Fire Department as a contribution for the construction of a five-story training facility.
The training facility will be located adjacent to the Greeneville Power and Light operations Center and be used to train fire personnel by simulating rescues from multi-story structures.
According to US Nitrogen the training facility will include steps, cage ladders and will have equipment for rappelling training.
Construction of the training facility on property provided by the power company is expected to begin shortly.
"The Greeneville facility will be able to host basic firefighting training classes for cadets and ongoing practical skills training for Greeneville Fire Department employees, county volunteer fire departments and regional fire department members of Northeast Tennessee Regional Fire Training Association,"  the company stated.



First US Nitrogen Purchase Preceded Disclosure

By Walter F. Roche Jr.

US Nitrogen made its first purchase of Greene County land in early 2011 nearly a month before there was any public disclosure of its now controversial plans to build a multimillion dollar manufacturing facility.
The first US Nitrogen purchase, county land records show, was recorded on Jan. 26, 2011 from Steven L. Strange, who was paid $240,000 for a 1.38 acre property he had purchased in 1998 for $54,500.
The purchase, at more than four times the original purchase price, came nearly a month before area residents say they first learned of what has become a controversial issue.
Those  residents, including Don Bible, now a vocal opponent of the project, say the first notice of the project came shortly before a Feb. 22 news conference that included Gov. Bill Haslam and local and US Nitrogen officials.
The property located on West Seven Springs Road, is currently valued at $111,700, according to state and county property assessment records.
Strange, when contacted by telephone, said he did not want to discuss what led up to the sale.
"I'd really rather not," he said when asked how the sale came about.
Strange did say he was pleased with the transaction.
"They've been very fair," he said of US Nitrogen officials. "They've done everything they said they'd do."
The Strange property was one of dozens of parcels amassed by US Nitrogen in 2011 and 2012, which were than deeded over to the Industrial Development Board of Greeneville and Greene County for no consideration.
Records show Strange, a longtime area resident, subsequently purchased other property in Greene County.
US Nitrogen, which plans to have its ammonium nitrate manufacturing facility operational by early next year, has continued to purchase properties with one of the most recent being a parcel owned by Douthat Properties LLC for $851,251. The 78.7 acre tract was sold on Oct. 24.
J.W. Douthat, who heads the property company, is a member of the IDB board and voted in favor of the US Nitrogen project.
A second 13.67 acre Douthat property was purchased by US Nitrogen for $148,740 on Oct. 9.
The project became  more controversial after US Nitrogen announced plans to build a 12 mile long pipeline from its plant to the Nolichucky River. Millions of gallons of water per day will be pumped from the river for use in cooling towers. Some, but not all of that water, will then be pumped back to the river.
Bible, who is the lead plaintiff in a suit challenging the legality of the pipeline project, said that the first notice of the project came just one day before the press conference featuring Gov. Haslam.
In addition to the Bible suit, three other legal challenges to the project are now pending in courts in Greene and Davidson counties.
A hearing on the Bible suit is scheduled for Jan. 22 in Greene County Chancery Court.
wfroche999@gmail.com

Tuesday, December 9, 2014

Pipeline Construction Will Continue

By Walter F. Roche Jr.

US Nitrogen will continue construction of its pipeline project in the wake of a hearing on a suit aimed at blocking the 12 mile long excavation.
In a statement issued Tuesday, US Nitrogen President Justin Freeark said, "US Nitrogen will move forward with pipeline construction as scheduled."
He added that the pipeline and the entire project, including an ammonium nitrate manufacturing facility, are expected to be completed in the first quarter of 2015.
"We remain committed to this solution,"he said in a statement, referring to the plan to pump water from the Nolichucky River to US Nitrogen for cooling towers.
"East Tennessee is our new home, and we strive to be a good corporate citizen and partner to Greene County, Freeark concluded. 
Freeark's comments came following a Monday hearing in Greene County Chancery Court in which US Nitrogen's lawyers challenged the timing of filings made by the landowners who oppose the pipeline project. They later withdrew that motion after an agreement was reached on the timing of future briefs and a hearing.
Chancery Judge Douglas Jenkins scheduled a hearing on all pending motions for Jan. 22.
Landowners who filed the suit have expressed concern that by the time the court acts on the suit the pipeline will be virtually completed.
In a statement issued after the Monday hearing D. Scott Hurley, the plaintiffs' attorney, said that while he was pleased with the outcome, the one drawback was the fact that US Nitrogen can continue construction at least until Jan. 22.
"But the court is fully aware that we are contending that the construction is illegal. US Nitrogen is disregarding these risks and forging ahead with their construction," Hurley said. "US Nitrogen is making a conscious decision to accept the risk that their project is illegal."
wfrochejr999@gmail.com


Monday, December 8, 2014

Court Delays Action on Pipeline To Jan. 22

By Walter F. Roche Jr.

A Greene County Chancery Court judge has delayed any immediate action to halt a controversial pipeline project and set a Jan. 22 date for a hearing on various legal challenges to the ongoing US Nitrogen construction.
Chancery Judge Douglas Jenkins set the trial date during a hearing Monday in a suit brought by a group of local land owners who contend the pipeline, which will pump millions of gallons of water per day to US Nitrogen's manufacturing facility, was illegally approved.
The opponents of the project say they are fearful the pipeline will be completely constructed by the the scheduled hearing date.
Under the judge's decision the landowners will have till Friday to amend their complaint and raise any additional issues.
US Nitrogen and the Industrial Development Board of Greeneville and Greene County will have till Jan. 8 to respond.
Scott Hurley, the landowners' attorney said he was pleased with the outcome.
"The one negative for our side is that the construction of the pipeline can continue at least until Jan. 22, but the court is fully aware that we are contending that the construction is illegal," Hurley said.
 The suit is one of four to be filed challenging the project.
The US Nitrogen plant will produce ammonium nitrate.
wfrochejr999@gmail.com

Saturday, December 6, 2014

As Key Hearing Approaches, Sabotage Charged

By Walter F. Roche Jr.

Just days before a critical court hearing, the company building a controversial 12 mile pipeline to the Nolichucky River in Greene County is charging that the project has been sabotaged and law enforcement officers are on the case.
The charge was leveled this week by Justin Freeark of U.S. Nitrogen who said an unknown individual breached a barrier protecting a section of the river where pipeline work is ongoing.
Charging that the action amounted to criminal trespass and vandalism, Freeark labeled the incident "an attempt to sabotage our construction site and jeopardize the safety of our workers."
According to Freeark's statement, the breach was discovered by Greene County sheriff deputies hired by US Nitrogen to secure the work area. He said the sheriff's office is now investigating the matter.
The charges come just ahead of a Monday court hearing on a request by opponents of the project to get a court ordered halt to the construction.
Don Bible, the lead plaintiff in the case, questions the charges of vandalism and sabotage noting that blasting was heard in the area of the incident on Wednesday. The work area is along the Nolichucky in Cocke County, just over the Greene County line.
He said he  believes the blasting damaged the barrier, known as a cofferdam, and water started pouring in to the work area. Another possibility, he said, is that the blasting opened a fissure in the limestone rock in the enclosed area letting water build up inside the enclosed area.
Freeark estimated that the damage would take a week to repair.
"We are disturbed that a person would trespass on private property in an attempt to sabotage our construction site," Freeark said.
The pipeline will pump millions of gallons of water a day to and from the Nolichucky to the new $200 million US Nitrogen facility, which will produce ammonium nitrate.
The Monday hearing will be held at 9 a.m in Greene County Chancery Court.
wfrochejr999@gmail.com





Wednesday, December 3, 2014

Groups Decry Claims on Audibility of Public Meetings

By Walter F. Roche Jr.

Two groups are charging  that a claim made in a pending lawsuit would make a mockery of the state Open Meeting Law.
The statement issued Wednesday by the Tennessee Coalition for Open Government and the East Tennessee Chapter of the Society of Professional Journalists came in response to a claim in a pending lawsuit that citizens attending a public meeting don't have a right to hear the proceedings.
That claim was made in a recent filing by attorneys for US Nitrogen and the Industrial Development Board of Greeneville and Greene County.
In the filing the board and the private firm charged that the law is silent on the issue of audibility.
In the statement issued Wednesday, the two organizations cited a section of the state Sunshine Law which states, "Each part of a meeting required to be open shall be audible to the public at the location specified in the notice of meeting."
The audibility issue arose at a July 18 meeting of the IDB when a resident, who was later arrested, was escorted from the session after complaining that the testimony could not be heard.
The charges against that resident were later dropped.
"The law makes clear that efforts to circumvent the Tennessee Open Meetings Law will not be tolerated," the statement reads, adding that the claim asserted by the IDB "would make a mockery" of state law.
The audibility dispute arose in one of several legal challenges to a US Nitrogen plan to build a 12 mile pipeline from its new manufacturing facility to the Nolichucky River. The pipelines would draw millions of gallons of water a day from the river for cooling purposes and then return them to the river.
wfrochejr999@gmail.com

Saturday, November 29, 2014

Board Member's Firm Sold 2nd Parcel for Pipeline

By Walter F. Roche Jr.

A company headed by a county board member has sold a second multi-acre parcel to the company building a controversial 12 mile pipeline to the Nolichucky River.
State and local records show that Douthat Properties sold a 13.67 acre parcel along the Nolichucky in October to US Nitrogen for $148,740. That parcel is immediately adjacent to another parcel sold to US Nitrogen by the Douthat firm also in October.
The total price tag for the two parcels comes to a little over $1 million, all paid to the company headed by J.W. Douthat and his family.
Douthat, as a member of the Industrial Development Board of Greeneville and Greene County, voted in favor of a measure sought by US Nitrogen regarding the pipeline project.
The 13.67 acre parcel was sold to the US Nitrogen on Oct. 9,which in turn deeded it at no cost to the IDB, which will own the pipeline and lease it to USN. County records list the market value of the property at $79,900.
The other parcel, which totals 78.7 acres, remains under US Nitrogen ownership, according to the latest available records. The market value of that land, which was sold for $851,251 on Oct. 24, is listed at $495,400.
Douthat's signature is affixed to both deeds. On the deed for the 13.67 acre parcel, he is listed as chairman of the management committee. Two other Douthat family members also signed that deed and are listed as officers.
US Nitrogen officials and Douthat have not responded to requests for comment on the land transactions.
Though he abstained from an earlier vote on the US Nitrogen project, Douthat cast a favorable vote at a July 18 IDB meeting on a motion to resubmit an application to the state for approval of the pipeline project. The motion was approved.
Public records show that by that time Douthat already had granted US Nitrogen an option on property owned by his company.The option was dated Sept. 11, 2013.

The land sales come to  light as the US Nitrogen project is being challenged in the courts.four different court cases including chancery courts in Davidson and Greene counties. A hearing is scheduled for Dec. 8 in a case in which plaintiffs are asking a judge to order an immediate halt to the 12 mile pipeline project.
Douthat also served on the board of Old Knox Utility District when that agency was involved in negotiations with U.S. Nitrogen. He resigned from Old Knox on April 30 of this year.
The pipeline will pull millions of gallons of water per day from the Nolichucky to the US Nitrogen plant. The water will be used for cooling towers needed in the operation of an ammonium nitrate manufacturing plant. Water will then be pumped back to the river.
Local officials have indicated the 13.67 acre parcel, now owned by the IDB, will be used for a pumping station.
wfrochejr999@gmail.com

County Number: 030
County Name: GREENE
Tax Year: 2015
Property Owner and Mailing Address

Jan 1 Owner:
INDUSTRIAL DEVELOPMENT BOARD
%LAUGHLIN NUNNALLY HOOD & CRUM
100 S MAIN ST
GREENEVILLE, TN 37743
Property Location

Address: FISH HATCHERY RD
Map: 116 Grp: Ctrl Map: 116 Parcel: 004.39 PI: S/I:000
Value Information

Reappraisal Year:2013
Land Mkt Value:$79,900
Improvement Value:$0
Total Market Appraisal: $79,900

Assessment %:0
Assessment:$0
General Information

Class: 02 - CITY
City #: 000 City:
SSD1: 000 SSD2: 000
District: 04 Mkt Area: R03
# Bldgs: 0 # Mobile Homes: 0
Utilities - Water / Sewer: 03 - PUBLIC / INDIVIDUAL Utilities - Electricity:01 - PUBLIC
Utilities - Gas / Gas Type:00 - NONE Zoning:
Subdivision Data

Subdivision:   MAUDE BIBLE REDIV
Plat Bk:  J Plat Pg:  252 Block:   Lot:  2A
Additional Description
Building Information

Extra Features

Sale Information

Sale DatePriceBookPageVac/ImpType InstrumentQualification
10/13/2014547A1261QC
10/09/2014$148,740547A792VACANTWDM
Land Information

Deed Acres:13.67 Calc Acres:0.00 Total Land Units:13.67
 Land Type:  03 - SMALL TRACT  Soil Class:    Units:  13.67
Source: State Assessment Data

Tuesday, November 25, 2014

US Nitrogen Pays $851,251 for Douthat Property

By Walter F. Roche Jr.

A company headed by a member of the board that acted favorably on a controversial manufacturing and pipeline project has been paid $851,251 for 78.7 acres of property on Fish Hatchery Road that will be part of that project.
State and county records show the nearly 80 acre parcel was sold on Oct. 24, 2014 to US Nitrogen by Douthat Properties. J.W. Douthat served on the Industrial Development Board of Greeneville and Greene County when several key votes on the US Nitrogen project were taken.
Though he abstained from one earlier vote, on July 18 of this year Douthat voted in favor of resubmitting an application for approval of the pipeline project. The measure was approved on an 8-1 vote.
At that time, public records show Douthat already had granted US Nitrogen an option on property owned by his company.The option was dated Sept. 11, 2013.
Douthat and US Nitrogen did not respond to requests for comment.
The land sale comes as the US Nitrogen project is being challenged in four different court cases including chancery courts in Davidson and Greene counties. A hearing is scheduled for Dec. 8 in one case in which opponents are asking a judge to order an immediate halt to the 12 mile pipeline project.
Douthat also served on the board of Old Knox Utility District when that agency was involved in negotiations with U.S. Nitrogen. He resigned from Old Knox on April 30 of this year.
The $200 million Greene County project includes a 12 mile pipeline running from the manufacturing plant to the Nolichucky River. The plant will produce ammonium nitrate and millions of gallons of water will be pumped to and from the river to feed cooling towers needed in the facility.
Public records show that as far back as January, the US Nitrogen plans called for the use of Douthat properties.
In a Jan. 28, 2014 submission to state environmental officials, US Nitrogen disclosed that water from the river would be drawn from property then owned by Douthat at mile marker 20.8 on the Nolichucky River.
The Douthat purchase is one of dozens by US Nitrogen dating back to 2010. Many of the properties were subsequently deeded over to the IDB, which will own the pipeline, but not operate it.
wfrochejr999@gmail.com 


County Name: GREENE
Tax Year: 2015
Property Owner and Mailing Address

Jan 1 Owner:
US NITROGEN LLC
471 POTTERTOWN RD
MIDWAY, TN 37809
Property Location

Address: FISH HATCHERY RD
Map: 116 Grp: Ctrl Map: 116 Parcel: 004.20 PI: S/I:000
Value Information

Reappraisal Year:2013
Land Mkt Value:$495,400
Improvement Value:$0
Total Market Appraisal: $495,400

Assessment %:25
Assessment:$123,850
General Information

Class: 10 - FARM
City #: 000 City:
SSD1: 000 SSD2: 000
District: 04 Mkt Area: R03
# Bldgs: 0 # Mobile Homes: 0
Utilities - Water / Sewer: 03 - PUBLIC / INDIVIDUAL Utilities - Electricity:01 - PUBLIC
Utilities - Gas / Gas Type:00 - NONE Zoning:
Subdivision Data

Subdivision:   MAUDE BIBLE REDIV
Plat Bk:  J Plat Pg:  252 Block:   Lot:  1A
Additional Description
              
 
Building Information

Extra Features

Sale Information

Sale DatePriceBookPageVac/ImpType InstrumentQualification
10/24/2014$851,251547A2578VACANTWDM
11/30/2010$0491A1057
12/06/2004$0374A994
02/13/2002$0261A472
11/26/1990$173,000430456IMPROVEDWDM
Land Information

Deed Acres:78.70 Calc Acres:0.00 Total Land Units:78.70
 Land Type:  45 - CROP  Soil Class:  G  Units:  14.00
 Land Type:  45 - CROP  Soil Class:  G  Units:  22.70
 Land Type:  45 - CROP  Soil Class:  A  Units:  7.00
 Land Type:  45 - CROP  Soil Class:  P  Units:  35.00
      
















              
 







Monday, November 24, 2014

Attorney for Landowners Responds to Court Filings

By Walter F. Roche Jr.

The attorney for landowners seeking to block construction of a 12 mile pipeline to the Nolichucky River is charging that the local industrial development board and US Nitrogen are out to "pirate and deplete" the waterway.
D. Scott Hurley issued the statement following the filing of a motion to dismiss filed by lawyers for the board and US Nitrogen in one of four pending suits challenging the pipeline plan.
"US Nitrogen, with the help of the Industrial Development Board of Greene County, has decided that private profits are more important than the preservation of the majestic resource of the Nolichucky River," Hurley said.
"Not only has US Nitrogen made a decision to pirate and deplete this river, they have decided to do so in the face of multiple lawsuits filed by four separate groups of citizens contending that their plan is illegal," Hurley concluded.
The statement follows the filing last week of a motion to dismiss the suit filed by Hurley in behalf of 47 local residents opposed to the pipeline which will be used to bring millions of gallons of water per day to the plant where US Nitrogen plans to produce ammonium nitrate.
A hearing in that suit is scheduled for Dec. 2.
wfrochejr999@gmail.com




US Nitrogen, with the help of the Industrial Development Board of Greene County, has decided that private profits are more important than the preservation of the majestic natural resource of the Nolichucky River.    Not only has US Nitrogen made a decision to pirate and deplete this River, they have decided to do so in the face of multiple lawsuits, filed by 4 separate groups of citizens, contending that their plan is illegal.

Saturday, November 22, 2014

IDB, US Nitrogen Seek Suit Dismissal

By Walter F. Roche Jr.

US Nitrogen and the Industrial Development Board of Greeneville and Greene County are asking a judge to throw out a suit filed by 47 local residents who oppose the construction of a 12 mile pipeline to draw millions of gallons of water per day from the Nolichucky River.
In a series of filings in the suit, attorneys for the board and USN contend that state law will not be violated if, as planned, the IDB owns the pipeline that will serve the manufacturing firm, which is constructing a $200 million facility to produce ammonium nitrate.
The filing was first reported by the Tennessee Coalition for Open Government.
The filing states that mere ownership of the pipeline does not mean that the IDB will own and operate a business because the actual operation of the pipeline will be done by USN.
"US Nitrogen is serving as the contractor to construct the pipeline and will operate and maintain them at no cost to Greene County," the brief states.
The filing comes in a suit filed by the residents challenging the legality of the July 18 IDB action. The suit also charges that the IDB violated state open meeting statutes because some of those in attendance could not hear the discussion leading to the approval vote.
In their response, the IDB and USN contend that there is no requirement that audience members be able to hear the proceedings.
"Plaintiffs attach a requirement to the statute that does not exist," the motion states.
The filing contends that the  board met all state law requirements by meeting and voting in public with required prior notice.
"The vote was held before the public's watchful eye," the brief states.
Other charges disputed by the IDB include a claim that the rights of residents along the river were being violated and that the construction will violate state laws against public nuisances.
The suit, which is due for a hearing early next month, is but one of several pending legal challenges to the project.
wfrochejr999@gmail.com

Monday, November 3, 2014

Landowners Seek Immediate Halt to Pipeline Construction

By Walter F. Roche Jr.

Landowners along a proposed Greene County pipeline are asking a judge to order an immediate halt to construction of a 12-mile long conduit to to the Nolichucky River.
In a motion filed late last week in chancery court the attorney for the landowners charged that his clients will suffer immediate and irreparable harm unless the rapidly proceeding project is halted.
The motion for a temporary injunction states that the actions taken by the Industrial Development Board for Greeneville and Greene County are void because the approval of the pipeline project took place at a July 18 meeting held in violation of the state Open Meeting Act.
The motion comes in a suit filed by the landowners in which they contend that the IDB lacks the legal authority to own the pipeline, which will be used by US Nitrogen.
Asked to comment on the filing, US Nitrogen spokeswoman Amanda Jennings said that the work on the pipeline will continue.
"The pipeline represents a significant investment by US Nitrogen in the future of Greene County. US Nitrogen and the IDB will continue construction on the pipeline as scheduled," she wrote in an email.
The landowners' motion, however, cites the ongoing construction as a reason for seeking an immediate halt to the project.
"At the present time the installation of the pipeline has begun and is rapidly proceeding and it is anticipated the entire project will be completed long before an ajudication on the merits of the plaintiffs' lawsuit can be had," the motion filed by attorney D. Scott Hurley states.
The motion comes in one of several ongoing legal challenges to the pipeline which will transport millions of gallons of water to and from the Nolichucky River.
The water is needed to accommodate the multimillion dollar ammonium nitrate plant being built for US Nitrogen.
wfrochejr999@gamil.com


Friday, October 17, 2014

Judge Approves Land Agreement on US Nitrogen Pipeline

By Walter F. Roche Jr.

A chancery court judge has given his approval to an agreement sought by 47 Greene County landowners to set limits on what property contractors for a controversial pipeline for US Nitrogen can occupy.
The three-page order was approved by Judge Douglas T. Jenkins, but the dispute over the pipeline and property rights of adjacent landowners is far from over.
The order states that contractors on the project "will not trespass or otherwise enter upon, utilize or damage plaintiff's' land" without prior consent.
The order was agreed to by D. Scott Hurley, the lawyer for the property owners, and lawyers for US Nitrogen and the Industrial Development Board of Greeneville and Greene County.
But that agreement only resolves one of many issues raised in the still pending lawsuit. Further hearings are expected on challenges to the legality of the agreement between the IDB and US Nitrogen.
In addition, one of the plaintiff's, Don Bible, is charging that the rights-of-way claimed by US Nitrogen under a state permit actually is infringing on his and other residents' property.
Bible cited a legal opinion from attorney Kelley Hinsley which concluded from land records that the right-of-way along the pipeline route was only 30 feet, not the 40 feet claimed.
Bible contends that as a result he and other property owners are having miles of their land taken over improperly.
US Nitrogen officials did not immediately respond to a request for comment.
In addition to the suit before Jenkins, several other lawsuits have been filed challenging the project including one in chancery court in Nashville. A hearing in that case has been sent for Oct. 24.



Wednesday, October 8, 2014

US Nitrogen, Landowners Have Tentative Agreement

By Walter F. Roche Jr.

The attorney for 47 landowners along a proposed 12 mile long Greene County pipeline says a tentative agreement has been reached with US Nitrogen regarding encroachment on their properties.
D. Scott Hurley, the property owners' lawyer, said Wednesday that under the agreement workers installing the pipeline will not encroach on private land unless they have permission in advance or have been granted a formal easement.
Hurley said the exact wording of the agreement was now being hammered out and it will then be subject to approval by Chancery Court Judge Douglas T. Jenkins.
The general agreement was reached in  a court session Wednesday before Jenkins in Rogersville.
Hurley said the court hearing was sought after the landowners said they were told by US Nitrogen officials and deputy sheriffs that "their property could and would be accessed and if they resisted they would be arrested."
A spokeswoman for US Nitrogen, Amanda Jennings, said in a statement that US Nitrogen never intended to access private property without permission or an easement.
"Because the construction is in close proximity to a busy roadway, US Nitrogen is working with the Greene County Sheriff’s Office to ensure safety for the duration of the pipeline construction," a statement from a US Nitrogen spokeswoman read.
"Two off-duty sheriff’s deputies will provide routine around-the-clock monitoring of the route, equipment and construction materials. The deputies will also help maintain a safe working environment for the construction team while deployed in the rights-of-way. The cost will be shouldered by US Nitrogen," she added.
"They (US Nitrogen) agreed they had no right to access private property," Hurley said, adding that company officials insisted that work on the pipeline could be accomplished by utilizing the rights-of-way of two state highways. "We believe it's impossible," he said.
The company, which is building a multimillion dollar ammonium nitrate manufacturing plant got approval to utilize the rights of way from the TN Department of Transportation. The pipeline is designed to deliver and return some 2 million gallons of water per day for use in the manufacturing process.
That state approval, however, is being challenged in separate litigation.
The agreement comes in a suit filed in Greene County Chancery Court which challenges actions taken by the Industrial Development Board of Greeneville and Greene County which will take actual ownership of the pipeline from Greeneville to the Nolichucky River.
"We believe the IDB exceeded its authority," Hurley said, adding that the plaintiffs also believe the board  violated the state Open Meeting and public records laws in the process.
Those issues will be the subject of future hearings and Hurley said he is hopeful that will happen quickly because of the speed with which the company is proceeding with the pipeline installation.
"They are obviously in a hurry," Hurley said.
wfrochejr999@gmail.com

Tuesday, October 7, 2014

Ruling Expected Wednesday in US Nitrogen Suit

A formal ruling is expected within a day in a suit filed by opponents of a proposed Greene County ammonium nitrate manufacturing facility, which includes a controversial pipeline to the Nolichucky River.
The ruling is expected from Chancery Court Judge Douglas T. Jenkins, who presided over a hearing on the issue Tuesday. The ruling is expected to address what properties the pipeline workers can access.
The plaintiffs had also sought an order barring any work on the pipeline for 14 days. They also challenged the legality of the actions of the Industrial Development Board of Greeneville and Greene County regarding the project.
The hearing came even as work on that pipeline had commenced with Greene County Sheriff's Department personnel on hand.
"Because the construction is in close proximity to a busy roadway, US Nitrogen is working with the Greene County Sheriff’s Office to ensure safety for the duration of the pipeline construction," a statement from a US Nitrogen spokeswoman read.
"Two off-duty sheriff’s deputies will provide routine around-the-clock monitoring of the route, equipment and construction materials. The deputies will also help maintain a safe working environment for the construction team while deployed in the rights-of-way. The cost will be shouldered by US Nitrogen," she added.
The case before Judge Jenkins is just one of several suits challenging the project. Another suit filed last week in Chancery Court in Nashville challenges the legality of the permit for the project issued by the Tennessee Department of Transportation.
The pipeline which will be used to pull two millions of gallons of water per day from the river will run along the rights-of-way of two state highways.
wfrochejr999@gmail.com

Wednesday, October 1, 2014

US Nitrogen Amasses Dozens of Acres

By Walter F. Roche Jr.

US Nitrogen, the company building a multimillion manufacturing facility in Tennessee's Greene County, has amassed dozens of properties totaling hundreds of acres at a cost well in excess of $7 million, most of it paid to private landowners
After acquiring the properties, records show, the company has turned over many of them to to the Industrial Development Board of Greeneville and Greene County for a dollar, effectively removing them from the tax rolls.
The land purchases which date back to 2010 are ongoing, according to a US Nitrogen spokeswoman and additional purchases will come as properties become available.
One of the recent purchases, county land records show, involved the purchase of nearly 37 acres from two couples, Janey and Billy J. Larkin and Diane L.Smith and Donald L. Smith. US Nitrogen paid $700,000, county records show.
Asked about the recent purchase, a company spokeswoman, Amanda Jennings, said the property near Gravel Woods Road will be part of a 480 acre "aesthetic green zone" surrounding the 50-acre manufacturing site.
"US Nitrogen will consider purchasing additional property to supplement this area as property becomes available," she said in a statement.
Several properties, deeds show, were purchased by US Nitrogen from the Cansler family and related companies. These include 43.5 acres from Johnnie Cansler for a $500,000 purchase price in February of 2012. That followed a purchase of 74.5 acres from Cansler for $558,750 a month earlier.
The Greene County Foundation sold 26.6 acres on Pottertown Road to US Nitrogen on the same day for $286,995.
Asked in a telephone interview how the purchases came about, Johnnie Cansler said, "I don't know. They wanted the land."
Cansler added that the family was satisfied with the transactions.
Purchases from other parties have continued in 2014 with a one acre purchase for $90,000 in May and 5 acres on Gravel Woods Road purchased for $200,000.
County records show that on Jan 1, 2013 16 of the properties purchased by the company were sold to the Industrial Development Board for $1. Included were two properties purchased earlier from Cansler and another parcel bought from a Cansler family partnership.
Another parcel purchased by US Nitrogen from Joy L. Rader, the Greene County Register of Deeds, was included in the package of properties sold by USN to the county development board.
Records at the Greene County Registry of Deeds show US Nitrogen purchased an option on more than 23 acres of land on Sept. 1, 2013 from J.W. Douthat, who was then a member of the Old Knox Utility District Board.
Though US Nitrogen originally indicated it would be purchasing millions of gallons of water per day from the district, it has since sought approval to run 12 miles of pipeline directly to the Nolichucky River.
Lawyers for Old Knox have since filed a suit seeking to block the pipeline plans.
The Douthat option is part of USN's new plan.
Jennings, the company spokeswoman, said in an email response to questions that the Douthat option remains in effect, but she declined to disclose how much was paid for it.
"The land was identified by a series of third-party studies of several properties along the river as the optimal area to avoid impact on wildlife and areas of historical significance for the intake and outfall structures for the proposed IDB-owned industrial water system," she wrote in the email.
Douthat, who also has served on the IDB, encountered criticism from opponents of the $200 million project when he voted last summer on a matter involving the project.
Douthat did not respond to a phone call seeking comment. Previously he has stated that he saw no reason to recuse himself from voting on the project.
Four separate legal challenges to the US Nitrogen project are pending in the court system.
Don Bible, who is a plaintiff in one of those suits said that as far as he can tell it will be years before any property taxes will be paid on any of the nearly 500 acres, including those sold to the IDB.
Supporters contend that the new jobs created by US Nitrogen will provide a major boost to the local economy.
Late last week the project won key approvals from the Tennessee Valley Authority and the U.S. Army Corps of Engineers. The Tennessee Department of Transportation previously reversed itself and approved a revised version of the pipeline plan.
wfrochejr999@gmail.com 


Monday, September 29, 2014

Update: US Nitrogen defends Greene County project

Asked to respond to a suit filed Friday, a spokeswoman for US Nitrogen said company attorneys have not yet seen the latest complaint.
"US Nitrogen has not had an opportunity to analyze the petition or confer with TDOT and the IDB and cannot comment on the merits of the filing," the company spokeswoman said.

"US Nitrogen believes the water pipeline project is the best available option for both the company and the surrounding community and continues to work toward completion of its facility in early 2015," she added in an email.

Saturday, September 27, 2014

Another Legal Challenge to Pipeline Plan

By Walter F. Roche Jr.

A group of citizens who live near the Nolichucky River are asking a Davidson Chancery Court judge to declare illegal and void a permit issued by the Tennessee Department of Transportation for the construction of a 10 mile pipeline along two state highways for the benefit of private firms.
In a 16-page suit filed late last week, the six residents charged that TDOT exceeded its authority in granting the permit to the Industrial Development Board of Greeneville and Greene County.
The suit charges that under state law and regulations highway rights of way can only be used for projects, like a public utility, that will benefit the general public.
Rights of way, the suit states, are "reserved for utilities not private industry."
The suit is one of several legal challenges to the US Nitrogen plan which would use some 2 million gallons of water per day from the Nolichucky River to cool towers for the plant which will produce ammonium nitrate.
Other suits were filed by another citizens' group and the Old Knox Utility District.
Plaintiffs in the latest suit include Robert Sapp, Richard Wisecarver and Ruth Dolen. Named as defendants are the Greene County IDB, state Transportation Commissioner John Schoer and US Nitrogen.
"The (TDOT) decision directly impairs and will damage the land and riparian rights of these petitioners," the complaint states.
Asked to respond to the latest suit, a spokeswoman said, "US Nitrogen has not had an opportunity to analyze the petition or confer with TDOT and the IDB and cannot comment on the merits of the filing.

"US Nitrogen believes the water pipeline project is the best available option for both the company and the surrounding community and continues to work toward completion of its facility in early 2015," the statement continued.

 As the suit notes the early August TDOT approval came after an earlier application had been turned down. The original May 2 application listed US Nitrogen as the owner of the pipeline and a TDOT attorney concluded that did not meet legal requirements because it would not serve a public purpose.
The second application calls for the IDB to own the pipeline and make it available to US Nitrogen and one other company.
"The public was led to believe the plant project provided a financial benefit because it was buying water from the local utility," the suit states.
But those plans were scrapped in favor of the pipeline plan, which the suit charges would allow the private firm to get the water it needs at no cost.