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Cook Springs resident cites wetlands, septic and tunnel-safety concerns over near-complete Dollar General
Summary
At a St. Clair County work session, resident Nancy Fincher presented records and alleged after-the-fact wetland fill and Clean Water Act enforcement actions tied to a Dollar General in Cook Springs, and urged immediate county reviews of flood-plain permits, septic approvals and a one-lane railroad tunnel used for access to the store.
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A Cook Springs resident told the St. Clair County Commission on May 21 that officials must act quickly to address environmental, septic and traffic-safety risks tied to a near-complete Dollar General at Mountain Top Loop Road and U.S. 78.
"This project involves property acquired by the Broadway Group LLC and KME Development LLC," said Nancy Fincher, who said she had filed Freedom of Information requests for county and state records. She said U.S. Army Corps of Engineers records show the site contained federally regulated wetlands adjacent to waters of the United States and that the Broadway Group later filed an after-the-fact request to retain unauthorized wetland fill. Fincher added that the U.S. Environmental Protection Agency had alleged violations of the Clean Water Act and that a March 5, 2024 consent agreement allowed the developer to retain the fill after paying civil penalties, mitigation costs and permitting fees.
Fincher also raised public-health concerns tied to on-site sewage. She said a small-flow septic permit (No. 33839) was issued Jan. 8 for a pumped system that, she said, "requires constant maintenance and regular servicing to avoid pump failures, clogs, backups and sewage discharge problems." She told the commission that the system approved for a commercial retail use that may receive substantial daily traffic could place continuing monitoring responsibility on the St. Clair County Health Department.
Traffic-safety was another central complaint. Fincher urged the commission to "conduct an immediate engineering and safety assessment" of the one-lane Norfolk Southern tunnel on Cook's Springs Road near I-20 exit 152, saying the tunnel sits on a curve with limited sight lines and that unfamiliar drivers are likely to use the route to reach the store. She recommended flashing warning lights, stop-control systems, mirrors where practical or speed bumps to force drivers to slow before entering the tunnel.
Chairman Packman and staff did not dispute that the concerns warranted review but cautioned that some approvals are processed by state agencies. Packman said staff would compile and provide records responsive to Fincher's FOIA requests and asked county engineer Clay Phillips and the county attorney to review the sequence of permitting and flood-plain contacts. "If there are records, those will be made available to you," Packman told Fincher, adding the county would look back at what was required and when the county was consulted.
Commissioners discussed legal and practical limits: flood-plain development permits are processed through the county engineering office while on-site sewage approvals are controlled by the Alabama Department of Public Health. Commissioners also noted practices developers use to avoid state-required turn lanes on state highways by routing access through local side roads, a pattern Fincher said increases local traffic and safety demands.
Fincher requested the county prioritize cleanups and enforcement of chronic litter at exit 152 and asked that any increased tax revenue be reinvested in local infrastructure and safety measures for the affected neighborhoods. The commission acknowledged those concerns and said staff would follow up with available documents and, if necessary, seek legal review to determine whether county procedures were properly applied.
What happens next: Commissioners asked county staff to assemble the documented permits and correspondence Fincher requested and directed the county engineer and county attorney to examine the project's permitting history and regulatory interactions. No formal county action or vote was taken during the work session; commissioners said they would report back with records and recommended next steps.
