Cook Springs residents say Dollar General development involved wetland fill; commissioners seek records and engineering review

Nancy Fincher, a Cook Springs resident, told the Saint Clair County Commission at its May 21 work session that the Broadway Group LLC and KME Development LLC moved significant fill into federally regulated wetlands on property where a Dollar General is under construction and that the U.S. Army Corps of Engineers and the Environmental Protection Agency investigated the site. “Following an investigation by the United States Army Corps of Engineers, the Broadway Group filed a request to retain unauthorized fill,” she said, and noted a consent agreement dated 03/05/2024 that allowed the developer to retain fill after paying civil penalties, mitigation costs and permitting fees.

Fincher said she filed a public‑records request for floodplain permits and other files and urged the county to ensure the developer complied with all federal and state permits. She also identified Public Health permit number 33839 for a small‑flow septic system approved Jan. 8 and warned that systems of that type require constant maintenance: “If this system fails, the surrounding community will bear the consequences, not the developer,” she said.

The testimony focused not only on environmental questions but on public safety. Fincher and other residents urged the commission to assess traffic risks at the one‑lane railroad tunnel on Cook Springs Road beneath Norfolk Southern tracks, where visibility is limited and drivers unfamiliar with the route could face head‑on collisions. She recommended engineering and safety measures including flashing warning lights, mirrors, stop control systems or physical speed‑reduction devices around the tunnel.

Commission chair responded that staff and the county attorney will assemble and review the records Fincher requested and examine what the county did and when. County staff and commissioners noted limits on local authority: the Alabama Department of Public Health issues on‑site sewage permits, while federal agencies regulate wetlands and floodplains. Still, commissioners said the record will be reviewed and that the county’s floodplain administrator and county attorney will look into whether additional county action is appropriate.

Clay Phillips, filling in as county engineer, told commissioners that any traffic or tunnel interventions must consider railroad right‑of‑way rules and insurance liability. He said rumble strips, wireless warning lights and other measures were discussed and that insurance carriers often caution counties about installing speed bumps in intersections.

What happens next: the commission said staff will gather and deliver the requested documents, the county attorney will review legal options and constraints, and the commission will consider engineering and traffic‑safety recommendations from staff before the Tuesday meeting. The county did not adopt any immediate regulatory change at the work session; commissioners asked staff to produce records and follow up with the appropriate agencies.

Sources and next steps: Nancy Fincher’s public comments (documents provided at the meeting) and staff statements asking the county attorney to review permitting and floodplain records. The commission encouraged Fincher to file a formal records request and said staff would provide available files for review.