Sumner County zoning board votes after residents protest temporary borrow pit at 1470 Brinkley Branch Road

The Sumner County Board of Zoning Appeals voted unanimously July 10 after a public hearing on a request by property owner Donald Rippy for a special exception to operate a temporary borrow pit at 1470 Brinkley Branch Road. The transcript records a motion that “carried unanimously,” but does not specify the text of the motion.

County staff told the board the property is roughly 42 acres and that about 3 acres have been disturbed for borrow‑pit activity. Staff said earlier zoning compliance and land‑disturbance approvals were issued in May 2020 (for less than an acre) and renewed in December 2023 for the same uses. In February 2025 staff determined the activity exceeded the scope of those permits; the owner submitted a zoning compliance form in February 2025 and was directed to seek a special exception from the Board of Zoning Appeals. The stormwater manager granted a time extension that was valid through the date of the July 10 meeting.

Staff told the board several required items were not provided, including a drainage and erosion control plan prepared in consultation with the county engineer and county road superintendent, a reclamation plan approved by the county engineer, and evidence of required federal, state, and local permits. Staff cited standards in the Sumner County Zoning Resolution, chapter 11, section 11.01 (temporary borrow pits), and the county stormwater management resolution. Staff presented three example motions for the board: approve the special exception contingent on obtaining all permits and meeting road/rehabilitation conditions; deny the request and order site reclamation; or continue the item one month to allow more information to be submitted.

Dozens of nearby residents spoke during the public hearing, describing repeated heavy truck traffic on narrow local roads, visible mud and debris on public roadways, dust and noise, and near collisions. Mark Sherred, a resident of 1394 Greenview Ranch Road, said the scale was “not reasonable,” describing “40 to 60 dump trucks 10 to 5 hours a day” and called the site “a full fledged commercial operation.”

Several speakers described trucks that forced other drivers off the road and damaged property. Colin Shell Jr., who said he lives at 1558 Brinkley Branch Road, described trucks sliding on the pavement and said he measured the road right‑of‑way at several points and found widths of about 24.5 feet and as narrow as 19.8 feet. Lyndon Bates told the board he counted “upwards of 22 trucks in a half hour.” Residents raised particular concern about student drivers and school buses on routes to Liberty Creek schools, saying the added truck traffic created a safety risk.

Other concerns noted by speakers included large gravel placed on repaired sections of road that residents said is unsuitable for standard vehicles, noise levels that one resident said triggered a decibel alert on a personal device, and apparent vegetation and fencing damage where heavy equipment has been used. Troy Lee, whose property adjoins the site, said runoff and debris from the operation had crossed onto his land and damaged fences.

Staff also reviewed applicable numeric and process standards from the zoning resolution. Presentation slides cited limits on excavation area relative to lot size and specified that temporary borrow‑pit permits are normally valid for six months with a one‑time three‑month extension unless otherwise specified. Staff noted that site reclamation standards remain applicable and some reclamation requirements were not yet met.

The board heard the public comments, heard a motion and a second, and the transcript records the chair calling the vote: “All in favor of the motion, say yes? … Motion carries unanimously.” The transcript does not identify which of the staff’s example motions — approval contingent on permits, denial with reclamation, or a one‑month continuance — was the content of the carried motion, and no mover or second is named in the transcript.

At the conclusion of the meeting a board member asked staff to post the board’s action “first thing in the morning.” The transcript does not record further implementation details or follow‑up deadlines.

Why it matters: temporary borrow pits can cause road damage, dust, noise and water‑quality impacts if stormwater and reclamation requirements are not met. Residents told the board they are experiencing those impacts on Brinkley Branch Road and asked the county to prevent further damage and protect public safety.