Land owners Charles and Penny Deweese in Simpson Country, Kentucky, have been denied permission to set up a quarry near Franklin.
The Franklin-Simpson Planning and Zoning Board of Adjustments revoked a conditional use permit it had issued two years earlier to Charles and Penny Deweese, owners of the land that contains the quarry.
In a 3-2 vote, the board found that the Deweeses were not in compliance with the permit because they were unable to meet travel restrictions on an access road leading to the quarry.
The permit required trucks leaving the quarry on Ditmore Ford Road, the only road accessible from the property covered under the permit, to turn west onto Ditmore Ford.
Subsequent ordinances from the Simpson County Fiscal Court and Franklin City Commission placed strict weight limits on commercial traffic on Ditmore Ford Road, and the board concluded that those ordinances made it impossible for the Deweeses to comply with the permit.
While the revocation constitutes a setback for Deweese Construction, attorney Steven Henderson, who represented Deweese at Tuesday’s meeting, said paperwork was filed Monday that included changes from the initial permit application.
Tuesday’s meeting came about after the board late last year directed Joe Perry, a building inspector with the city-county planning and zoning board, to investigate claims that the Deweeses were violating certain conditions of the permit.
Charles Deweese is the owner of Deweese Construction and a sister company, Drakes Creek Holding Co, which is the listed applicant on paperwork for a mining permit submitted to the Kentucky Department of Natural Resources.
The quarry operation is situated on a portion of 169 acres of land owned by Drakes Creek Holding, and blasting has been ongoing at the site for several months.
Perry’s investigation noted the company’s inability to access Ditmore Ford Road for hauling rock. He also noted that earthen berms had to be constructed on the south side of the rock harvesting area and a silt basin designed to service the quarry operation was on a parcel of land not covered under the original permit.
The main bone of contention centered on a road built on the property to accommodate heavy trucks.
Perry found, however, that the road crosses two parcels of land not included in the application for the conditional use permit and the road itself was not a part of the original permit.