USN's Parent Cited for Environmental Violations

By Walter F. Roche Jr.

In what one federal official called "a real mess," Austin Powder, an explosives manufacturer, has been cited for multiple violations of state and federal regulations at a facility on Garland Hollow Road in Pegram Davidson County.
Both the U.S. Army Corps of Engineers and state environmental officials have cited the Ohio based firm for unauthorized logging and land clearing along with violations of the state Water Quality Act. Austin is the owner of US Nitrogen located in Greene County.
In a formal notice of violation, the state Department of Environment and Conservation ordered the company to "immediately remove logging debris from streams of the property and prevent additional debris from discharging."
The Army Corps of Engineers issued a cease and desist order to Austin Powder several days before the TDEC notice.
An Army Corps official notified TDEC of its findings calling the site "a real mess" and "a gigantic violation." The June 11 notice of violation cited "the unauthorized placement of fill into the waters of the United States without the required... authorization."
According to the notice from Sonny Avichal, the federal agency's Nashville District Commander, logging activities resulted in three tributaries from Pond Creek being littered with logging debris.
The notice warns that such violations can bring fines of up to $55,801 per day in a criminal proceeding.
In a plan of correction filed by Civil and Environmental Consultants in behalf of Michael Young of Austin Powder, the company acknowledged that the damage resulted from heavy equipment driving alongside the stream.
As a result the stream banks collapsed along over 1,000 feet of the stream. The consultants' report states that the corrective action plan calls for the channel to be re-formed as close as possible to the original path.
Young did not immediately respond to a request for comment.
The report states that Austin originally planned to build a new storage facility on the site with completion by August. The revised plan calls for the construction of two stream crossings to construct an access road.
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