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Tuesday, December 2 2008
The Seymour Herald — Seymour, TN

tdec: county permits missing

Seymour Herald/Joe Karl
Patrick Doyle at Knob Creek taking note of the work performed by the County - Photo date November 11, 2006
published: June 12 2007 06:22 PM updated:: June 13 2007 10:01 AM

The proposed sports complex on North Knob Creek Road has been dealt another blow in a series of controversies surrounding the Optimist Club's attempt to build baseball fields in a residential area.

In a letter dated May 21, 2007, the Sevier County Road Superintendent Jonas Smelcer was informed by the Tennessee Department of Environment and Conservation that the property on Knob Creek road was altered without the proper permits and authorization. Responding to a complaint by a citizen, the property was inspected and several violations were found. Inspection of the site revealed that a stream crossing had been installed and that the county failed to obtain coverage under the Aquatic Resources Alteration Permit (ARAP). The TDEC office went on to inform Smelcer that any future projects of similar nature would need to be permitted prior to putting the road crossings in place as failure to do so is in violation of the Tennessee Water Quality Act.

The Herald spoke with Smelcer in the November 14, 2006 issue regarding this project. At the time there were trees that had been cut in half and several of the cuttings were still in the creek bed. "We got a call to mow and cut back the brush along N Knob Creek Road and even though it wasn't a road project, we always try to assist residents with improving community projects that are county property," stated Smelcer at the time. "The wanted the brush cut to aid visibility."

Commissioner Buster Norton who was instrumental in helping the Optimist Club obtain a twenty-year lease for the North Knob Creek property, denied that the county was responsible for the changes in the land at a meeting with North Knob Creek Community (NKCC), but was corrected by Judy Godfrey who stated that it was indeed the county who was responsible. When asked who requested the project, Smelcer stated that it was the county commission who contacted his office. "Buster Norton was the one who asked us to clear that creek and put the tile in" Smelcer said.

A second letter was also delivered to Seymour Optimist Club President Gary Rader. The letter dated May 25, 2007 informed the Optimist club that they must obtain coverage under the Tennessee Construction General Permit before any soil disturbance begins.

The NKCC has raised numerous concerns over this plan including the drain fields, road access and the pollution in the adjacent creek. "This has not been a well thought out plan" said Patrick Doyle a spokesperson for the Knob Creek Community. "A park where all families can spend a day together is something we truly need. As a kid who spent his youth on a baseball field, I completely understand the need for more fields. By putting them with the soccer fields at the Seymour community park it would allow us to have the best of both worlds."

Smelcer addressed the road access by stating "Tittsworth Springs is going to be widened. We are just waiting on one more right-a-way and we will be able to take five or ten feet from each side."

The county or the optimist club has yet to take any corrective action on property. With the twenty-year lease in place, it is unclear as to whether the responsibility to correct the violations falls to the Optimists or must be shouldered by the tax payers of Sevier County.

 

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User Comments

#1 Seymour Citizen commented, on June 12, 2007 at 8:46 p.m.:

Mr. Doyle, If you don't want the complex in your back yard what makes you think I want it in my back yard. We have enough traffic on our little road with soccer. How about you sharing the wealth. Our park does not have a walking track or picnic tables. I don't think that is your issue just an excuse. You just don't want that in your back yard.

#2 Another Citizen commented, on June 12, 2007 at 9:02 p.m.:

It looks to me like the Knob Creek community is willing to have a park just not a baseball complex. If they are willing to have a community park and have the baseball fields at the soccer field complex isn't that a win-win for everyone?

#3 Just a thought commented, on June 12, 2007 at 9:18 p.m.:

As someone who was present at the meeting where Buster Norton claimed to not know about the clearing of the land, it strikes me as odd that he would have been the one to request it. Who asked him to have it cleared? Bottom line is if he is willing to attempt to conceal his involvement in this project, what else is trying to conceal? On who's behalf di he make this request or was it just random that he had all those trees cut down? Maybe he did it on behalf of his neighbor Gary Rader.

#4 concerned resident commented, on June 12, 2007 at 9:44 p.m.:

It seems to me that each time a new article is posted then someone who must be part of the optimist club gets in first with his opinion and sends hate comments to the decent residents of the area around N Knob Creek Rd via this medium. It sounds like you are scared that you will lose or you wouldn't be fighting so hard against us. How dare you insult us! Would you like a "sports complex" in your back yard?
Of course not!!

#5 # 5 commented, on June 12, 2007 at 10:52 p.m.:

Not one tax dollar of mine had better be spent correcting any issues created by the Opt. Club and/ or Buster Norton on NKC!!!!! They made their bed, and now they can lie in it!!!!!!!

#6 gerra mary commented, on June 12, 2007 at 11:08 p.m.:

Has anyone who has property bordering Tittsworth Springs Rd. heard rumors, been approached about easement or knows anything about Mr.Smelcer's information (to the Herald)about widening the road?
Does anyone have information re' the Planning Com. going ahead and rezoning the property on Tittsworth from RESIDENTAL to COMMERCIAL before the posted June 18th. meeting. Does anyone know why Mr.Schular petitioned the state for a traffic light @ Tittsworth and Chapman Hwy.? Our County Gov. is continuing to govern by the "Good Ole Boy" method. Mr. Karl,I would like to request that THE HERALD publish a schedule of all county neeting on a monthly and weekly basis. The citizens of Seymour, (particularly Knob Creek Area) need to be attending these meetings. We need to try to learn what is coming up on the agendas before it happens. We need to be on guard and on the OFFENSIVE not on the defensive all the time.

#7 aw commented, on June 12, 2007 at 11:20 p.m.:

I hope Bowers Feild closes....I hope Seymour Soccer Park closes. Where would your misfit kids play then? Maybe you could actualy keep them home and teach them some morals. Most kids these days have sorry parents that just want to keep them busy into as many things as they can to keep from having to deal with them.

#8 citizen commented, on June 12, 2007 at 11:22 p.m.:

Who has paid for the work that Smelcer did already per the request of Buster Norton? It sounds like as the Sevier County Road Superintendent, his department would not be budgeted to do this work.

#9 Please Note commented, on June 13, 2007 at 4:53 a.m.:

I sincerely hope that #7 is not part of the North Knob Creek group. I would hate to think that someone here thinks like that. We do not hope Bower Field closes nor do we wish for any child to not have a place to play.

#10 Permits? commented, on June 13, 2007 at 7:06 a.m.:

How many times has Mr. Smelcer received non compliance letters.

Can TDEC supply a list of all violations in Sevier County?

How much money is in Mr. Smelcers budget for pet projects for other departments?

#11 Dear Joe commented, on June 13, 2007 at 7:32 a.m.:

Thank you for posting yet another informative article that allows the citizens to accuse (unknowingly) Gary for something he may or may not have asked for. I don't know if he did or not but I'm not going to bash his name here without finding out. What happened to "innocent until proven quilty". Shame on you people for spreading rumors. If you lived next to the President of the United States does that mean that you have input into the running of our nation. Stick to the facts.

#12 to #4 commented, on June 13, 2007 at 7:37 a.m.:

Do you know for fact that the persons who make comments are from the Optimist Club? I don't know any of the Club members that live in the Seymour Community Park area. Therefore, it must be one of their residents making these comments. Get the facts before you accuse someone.

#13 to # 11 commented, on June 13, 2007 at 7:59 a.m.:

Yes, I do have input to the running of things here. I am the boss of everyone in government. Oh, and by the way, you are too! Demand accountability and responsibility. These crooks and liars work for you! It may be time for a performance appraisal!

[edit: This post was not made by Joe Karl]

#14 #11 commented, on June 13, 2007 at 8:19 a.m.:

at what point that that article accuse Gary Rader of anything. It simply states that he was sent a letter by TDEC. Good lord please read the article before you comment. And yes he does have the right to question the government. It is a government of the people, by the people and for the people is it not? Is the consitution incorrect or does it apply everywhere but Sevier County?

#15 Obviously commented, on June 13, 2007 at 9:20 a.m.:

It applys everywhere except Severe County!!

#16 to number 11 commented, on June 13, 2007 at 9:47 a.m.:

"If you lived next to the President of the United States does that mean that you have input into the running of our nation." Quote from #11.

Are you an idiot? We all have a voice in how our government is run --contrary to what some would want you to believe. I recommend a high school civics lesson for you and anyone else that says otherwise.

#17 Websupport commented, on June 13, 2007 at 9:49 a.m.:

All: Please see PDF copies of previously mentioned letters. PDF's can be found in the middle column, near the top of this page. Or, here:

Letter to Optimist:
http://seymourherald.com/content/related...

Letter to County
http://seymourherald.com/content/related...

#18 Mrs Greenjeans commented, on June 13, 2007 at 3:04 p.m.:

I like #2's take on it. It could be looked at as a "win-win". Seems very reasonable to me.

#19 Yes commented, on June 13, 2007 at 3:14 p.m.:

I agree with #18 and #2. It's even more of a win-win because there is already a ballfield on the Knob Creek property that can be used as well. Everyone wins!

#20 Permits? commented, on June 13, 2007 at 4:06 p.m.:

It is appaling that our county crews think they are above the law when it comes to compliance with TDEC permits. The mayor doesn't feel that he can do anything about it. The TDEC permits and regulations are in place to make sure that proper procedures are followed. When proper procedures are not followed, our waterways suffer and the cost is borne by all taxpayers. Proper procedures were not followed and TDEC is negligent in not imposing a stiff fine on the County for doing this un-permitted work. TDEC's refusal to fine Sevier County is nothing more than a second travisty of justice and does nothing to improve the situation. It, in fact encourages more bad behavior as there are no consequenses. Sevier County has a bad history of this type of negligence and TDEC needs to help stop it. Our county officials are out of control and no one at the state level seems willing to help. Where are our leaders?

#21 Leaders? commented, on June 13, 2007 at 4:23 p.m.:

We never voted for any! Instead, we elected our friends, fellow church-goers, neighbors and the like. I guess we never thought about who we were voting for and why.

#22 Patrick Doyle commented, on June 13, 2007 at 4:50 p.m.:

I typically do not respond on this forum because of the vicious attacks that have been leveled against some decent people. I have been asked a direct question by #1 (I'm sorry you forgot to leave your name) so I thought I would respond. What I suggested in this article was indeed a sharing of wealth where the Knob Creek Community develops a family oriented community park with play areas for children, walking path, picnic areas etc. This park would have a different feel than a sports complex and it is something we lack in Seymour. This area has already been deemed unable to allow for any buildings ie concession area, restrooms etc therefore it is fruitless to build a number of ballfields. My suggestion was to place the ballfields on the eight acres that are undeveloped at the Seymour Community Park. As a parent who has two soccer players there, I understand the restrictions the area has with right-a-ways and traffic. However there is also a consession area, restrooms, eating area and stadium lights. You shouldn't have to worry however because it will be a cold day in hades before the people on the community park board let the optimist club have that land. Now the real crux of the problem is the lack of forethought into this plan by our commissioners. The more that comes out, the more it doesn't quite look right. Now is truly the time we need to come together as a community rather than throw barbs back and forth. We do not want the commissioners heads, only their ears and as of right now they are not hearing us. We are constituents thus we should have a voice. You are in the 9th district thus you should be equally concerned about the actions of those who were elected to represent us. Don't wait until it IS in your backyard to standup and be heard. Feel free to leave your name next time also.

#23 Fines commented, on June 13, 2007 at 5:48 p.m.:

How much of our taxpayer dollars has been spent on fines for TDEC violations?

#24 #14 and #16 commented, on June 13, 2007 at 5:54 p.m.:

The article didn't accuse Gary however #3 based his accusation accordingly. #3 also commented about Gary being a neighbor to Buster. So he can participate in government as long as it's not with a politician that lives next door. At no point do I deter anyone from participating in their civil rights to question the government, however don't accuse neighbors of setting political guidelines because of their housing arrangements. Thats the basis of my comments.

#25 #24 commented, on June 13, 2007 at 9:05 p.m.:

Other than being the president of the Gary Rader fan club you must also be the most naive or dumb person in Seymour.

Put two and two together and then look at it realistically. The county takes land for a park after rejecting the community park for over ten years. The county tells no one. The county road commission on the request of Buster Norton chops trees in half, clear cuts a creek and places road crossing all without obtaining the proper permits. Buster denies to community the county had anything to do with it. County commissioners set meeting with local residents. Commissioners sign lease with Gary Rader 3 days before meeting. Commissioners say "sorry done deal". Gary Rader tells community "I don't care what you want". Buster Norton quarterbacks entire deal. Gary Rader lives down the road from Buster. Gary took advantage of a relationship.

If you are not smart enough to figure out that Buster had that very random area cleared on behalf his neighbor who happened to be looking for a new baseball complex, then there is truly no help for you. If you try to tell any of us that this is all coincidence then well you are in the right county because the blind eye seems to get you in political favor here.

#26 #25 commented, on June 13, 2007 at 10:32 p.m.:

Not naive or dumb, just open minded. I'm looking for the best in people and not the worst unlike you.

#27 ????? commented, on June 13, 2007 at 10:42 p.m.:

The 14 acreas of land that Mr. Dickson donated to the county must be worth close to a million dollars. Did anyone see this written up in any of the papers? Would you not consider this donation news worthy?

#28 seymour???? commented, on June 14, 2007 at 7:20 a.m.:

How many TDEC permits does Heartland development get for the big development that they are about to build on Knob Creek Rd ? Or the development next to Seymour United Methodist? Where is the concern?

#29 to #28 commented, on June 14, 2007 at 8:45 a.m.:

The concern has to start somewhere and maybe this will be the catalyst to organize Seymour residents to stand up and be heard. If there are concerns about the Heartland Development as well as that next to the United Methodist Church, then raise the issue, make people aware of the concern. We need to make sure our County Commissioners are aware that the residents of Seymour are not going to allow them to bulldoze their own priorities of those of their constituents. They work for us, not for their best interests!

#30 Jim Kidwell commented, on June 14, 2007 at 8:51 a.m.:

I especially enjoyed the "Letters to the Editor" in this week's edition of the local laugh rag. I think the first one was written by Joe Karl. It stated everything Joe's been crying about for years. We'll never know for sure since there was no name at the bottom. What legitimate paper prints anonymous letters?

I've asked before but I'll ask again. Why did you move here Joe? If you want a community with a county office, community center and the like why didn't you move to an area that had them. Did it occur to you that many people live here because they like the area? Maybe they don't want to turn it into something else! Maybe they don't mind driving to Sevierville to visit the court house. That's better than paying even more taxes.

By the way, how many Sonic Drive-Ins are coming to Seymour? According to the headline in yesterday's paper there are more than one. Thanks also for that insightful last sentence/paragraph of that story. "Chapman Highway in Seymour is turning into a fast food mecca." There's something to be proud of!

#31 Barbara Trout commented, on June 14, 2007 at 10:04 a.m.:

Jim Kidwell, Thank you for sharing your positive thoughts about Joe Karl, however, I'm here to tell you that the "letters to the editor" are not anonymous, As it has been printed for some time now, NO letter will be printed unless it is signed and is accompanied by a contact number, these guidelines have been followed. A lot of the people who write, email, or call, ask to not have their names published due to negative people, like yourself, in fear of retaliation. So, if you would like to keep submitting entries about items that are not in question, Joe Karl, etc, than you may email him at editor@theheraldnewspapers.com, better yet why don't you stop by and speak with him. He would love to see you and have a conversation with you about his visions for an improved Seymour. Although we are from different areas of the U.S. it doesn't mean we have no say in things or can not share our ideas with Seymour. Optimism and progress is what the world is about.

#32 I don't understand.. commented, on June 14, 2007 at 4:08 p.m.:

I really have trouble understanding why so many people turn this issue around and attack Mr. Karl? This issue isn't about Mr. Karl, but about the need for a community park that is accessible to everyone in the community. It's also about the lack of direction and leadership of our county commissioners. Stop attacking the messenger, and start pointing those barbs where they really belong for a change. Grow up!

#33 Seymour ?????? commented, on June 14, 2007 at 8:17 p.m.:

How about Heartland Development taking all the trees away from Indian Heights Subdivision to make his commerical lots bigger on Chapman Hwy? This kind of tricks need to be put before a planning commision.

#34 Indian Heights commented, on June 14, 2007 at 11:43 p.m.:

Get involved. It is happening all over Seymour. Call your commissioner...if they'll take your call.

#35 THANK YOU! commented, on June 15, 2007 at 10:51 a.m.:

Thank you Barbara and # 32! Whether you like someone or not, or whether you think their motives for reporting on these isssues are circumspect, the fact of the matter is that if it were not for the Seymour Herald, this issue would be over, and swept under the rug along with everything else. Because of the continuous follow up on these issues, the Mountain Press, the New Sentinel, and even the Maryville Daily Times is carrying some articles on these and related issues. No matter what happens with the porposed ballpark site, this has been a wonderful eyeopening experience for the residents of seymour. I can promise you that I will now stay more informed and involved on all issues!!!!!!!

#36 LLT commented, on June 15, 2007 at 1:51 p.m.:

I do not understand all the attacks made in these comments relating to Joe Karl. I agree totally with #35. Joe Karl is the editor of his own newspaper. He does not have to be politically correct, he does not have to express all sides of a story- all he owes us is to use spell check, proof read his stories and be grammatically correct. He also should check out all his sources, which is habit for any professional, career journalist (this was Dan Rather's downfall, which most of us know). It is called freedom of the press. If Joe Karl's paper appears one-sided to some of the readers, then so be it. He is expressing an honest view poit, whether we view it as right or wrong. Anyone who has traveled the USA or lived in other cities, has experienced major newspapers that are very one sided. These papers are so slanted towards the Democrats and Liberals that they would have you believe President George Bush should be impeached and Hilary Clinton should be president without any need for an election. As a resident of North Knob Creek, I totally support Joe Karl and appreciate all he is doing to bring issues into the light of day. He has the fortitude to express a very unpopular opinion around these parts and should be commended. He could be like the Mountain Press and several other small publications in this area that rubber stamp our local government out of fear of retaliation or plain old support of status quo. Joe Karl is not our issue here folks! At least he gets you to think, respond, and talk about issues that affect Seymour and Sevier County. Thank you Joe!!

#37 Seymour Citizen commented, on June 15, 2007 at 3:28 p.m.:

Shoulda voted for Marty!!!!

#38 #37 commented, on June 15, 2007 at 3:44 p.m.:

This is all happening in the 9th District. Marty ran in the 6th. People in the 9th cannot vote for candidates in the 6th. Hope that makes you feel better though.

#39 Seymour Citizen commented, on June 15, 2007 at 8:23 p.m.:

Makes me feel great!!!!!

#40 #39 commented, on June 15, 2007 at 9:39 p.m.:

Why does it make you feel great? Do you have a stop sign you need placed? Didn't she attempt to take credit for the stop light in front of Food City (9th District) that was planned for 6 years before she even became commissioner. She was as bad as the rest of them with another old "stale" I'm from Seymour attitude.

You know why she hasn't printed a word of this? She is too busy printing her tri-county church bulletin. Maybe one day she will aspire to own a newspaper but rest assured, I wouldn't vote for her to be the dogcatcher. You know how we caught wind of this whole thing????? She printed a photo the happy signing of the contract (in the mayors office). Why was she the only one given access....she is one of them. So go ahead and feel great and keep trying to stir the pot, some of us are a little more informed than you think. Also, tell her to stop talking behind Bill Oakes back, if she has a problem with him say it to his face.

#41 #40 commented, on June 16, 2007 at 7:48 a.m.:

I think maybe you have some anger issues you need to address. As for telling her anything why don't you call her and tell her. I like her church bulletin newspaper!

#42 Keep On commented, on June 16, 2007 at 11:03 a.m.:

No anger just empathy. I am sad that someone who has owned a newspaper for so long refuses to admit what is happening. I don't dislike her paper but I also don't look to it for news. If she wishes for us to call her we will, but I know people who did and people who emailed her about this to no avail.

#43 Funny commented, on June 18, 2007 at 11:27 a.m.:

Funny how all the comments stopped immediately once you had to verify.

#44 Funnier commented, on June 18, 2007 at 5:42 p.m.:

Maybe if we all read the church bulletin and the Sunday school lesson we would be better Christians. Jesus I'm sure is shaking his head in dissapointment!!

#45 to #43 commented, on June 18, 2007 at 9:50 p.m.:

Maybe some of us just got tired of the BS that was going around.

#46 Why? commented, on June 18, 2007 at 11:56 p.m.:

#44. Why would you write that?

#47 County Clean UP commented, on June 21, 2007 at 3:35 p.m.:

The Sevier County Road commission had a crew at the Knob Creek property today where they were fixing the damage from the work they did. Guess the taxpayers have more money to fix this stuff than the Optimist Club.

#48 to #47 commented, on June 21, 2007 at 6 p.m.:

What stuff are you talking about the Optimist Club did that needed fixing?

#49 info for # 48 commented, on June 23, 2007 at 10:53 a.m.:

the damage was done by the county on behalf of the Opt. Club when Buster Norton asked Jonas Smelcer to "clear cut" the creek on NKCR. If you read the letter from TDEC, you will see what codes were broken, and what they perceived damage to the creek to be. Just another example of either the county's ignorance or arrogance of laws and regulations. We paid for the creek to be illegally clear cut, and now because they were caught and cited by TDEC, now we are paying for the correction of the first wrong!! Typical!

#50 Mistakes? commented, on June 23, 2007 at 2 p.m.:

Reading the above.. sounds like a mistake was made. Have you never made a mistake in your job? We are talking humans here and people do make mistakes. The way this whole blog reads anything done is a back door deal or sneaking around. You all are too suspicious about everything and too happy to jump on a band wagon and assume the worst. GET A GRIP.. I am for the K Creek Community to get what they want but lets not keep digging we look desperate!!

#51 No digging required commented, on June 26, 2007 at 8:53 a.m.:

You don't have to dig to find the mistakes in this fiasco. There have been mistakes made by the county from day 1.

#52 Road Supervisor commented, on June 27, 2007 at 4:09 p.m.:

And now the road commissioner, Smelcer is out of money and is asking the county commission for more. They may have to raise your taxes. Maybe the county road commissioner should stop doing illeagle work at Buster Norton's request!!

#53 Same Story Different Page commented, on July 25, 2007 at 6:42 a.m.:

In response to #50...yes, all of us are imperfect humans, but as an elected commissioner a human has taken an oath to insure that all information is gathered before making a decision that will impact an entire community. Our commissioners have always, and I mean always acted first, then asked for forgiveness if reprimanded, or caught. Shame on you-Judy Godfrey and Buster Norton!!

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