BELLE MINA, Ala. — The Southern Environmental Law Center has entered the fight to stop the development of a quarry now underway in the Belle Mina community of Limestone County.
What may seem like a last-ditch effort from the small Belle Mina community against the quarry, doesn't seem like one to the people representing the people.
Pastor Cody Gillam, who has been leading the fight against the quarry, says, "The quarry is going to be a devastating impact on this community and it's going to change the way people live. We have been trying every which way we can to stop them from operating."
The opposition's latest effort involves three species of snails. The SELC gave construction crews 60 days, starting November 21, to stop building or obtain an "incidental take permit". If they fail to do so, Sarah Stokes, Senior Attorney with SELC, says they will file a lawsuit in federal court under the Endangered Species Act, which protects wildlife that are listed as threatened or endangered, including the three snails. Stokes adds, "Our hope is that this process will stop them from not only harming the snail, but also the community around them and the rest of the environment."
Pastor Cody Gilliam and the SELC say it's not just the snails they're worried about. "We are very disappointed that they've decided to continue operations because of the disruption that it causes our neighbors, this quarry, because it's right across the street from a community, it's going to cause a lot of noise and flooding and traffic impacts and those impact are going to be a nuisance."
"Gilliam says the community is optimistic about this angle, and, "even when the morale has a low, they have been unwavering in their support."
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Previous coverage:
Residents of Belle Mina hoping to see work on a quarry development stopped had their hopes dashed Monday when a judge denied filings for an injunction and lifted a Temporary Restraining Order on the developers. "It certainly stung that the judge didn't see it in our favor," Pastor Cody Gilliam shares. "It seems like our morale is low right now and I think it is. So, it's important to get the word out that this isn't the end of the fight by any means.
The Southern Environmental Law Center is stepping in to help the churches and Alabama River alliance…and the snails. "There is a snail. There are actually three endangered snails in the Limestone Creek where the quarry is operating or hopes to operate, I should say," Gilliam shares. "And one of those can only be found in the Limestone creek, and so, our hope is that the department of the interior will help us protect that creature.
the Armored snail, the Slender Campeloma, and the Anthony's River Snail are all protected under the Endangered Species Act, but this isn't the first time this issue has come up in Limestone County.
Back in 2016… the replacement of the Old Highway 20 bridge was delayed after it was discovered it was home to these species and raised the construction price of the project. The bridge would eventually open 2021.
Still, Belle Mina is hoping for a victory. "We want them to know that there is a plan. and even when it seems like we've lost a battle, the war still rages and so we're still fighting that war," Gilliam shares.
The community will meet again in December to continue to strategize their next move.
DOCUMENT: Read the judge's decision in full (PDF)
The dispute centers on the use of property located east of I-65, near the intersection of Mooresville and Garret Roads. The area is just a stone's throw from several churches and private farms, as well as the Tennessee Valley Research & Extension Center, an agricultural research center staffed by Auburn University.
The plaintiffs asked the court to consider the TVREC a "public school." Local laws prohibit the establishment or relocation of a quarry within 2.5 miles of public schools. The plaintiffs also referenced a similar state law prohibiting quarry operations within one mile of a designated Tennessee Valley Authority (TVA) Industrial Development Mega Site.
Work on that quarry was just getting started when a judge put a short-term restraining order in place, pausing all mining activity just long enough for a court hearing last week. Delays including a medical emergency led to Circuit Judge Matthew R. Huggins postponing his ruling to Monday.
In rejecting the plaintiffs' motion, Huggins determined that the extension center isn’t a public school and the factory isn’t actually part of the TVA Mega Site.
“The Court recognizes and understands the disappointment of Belle Mina residents over the ruling today, but must nevertheless do its duty according to the rule of law," Huggins wrote. "The precise issues before the Court are whether the TVREC is a ‘public school’ and whether the Toyota-Mazda manufacturing factory is ‘the TVA Industrial Development Mega Site’ articulated by statute. They clearly are not.”
FOX54 has reached out to community members and parties on both sides for comment related to Monday's ruling.
Rev. Cody Gilliam of Belle Mina Methodist Church, who has helped organize the fight against the quarry, says that the church is now represented by the Southern Environmental Law Center. Gilliam said the SELC is preparing a cease-and-desist letter to the quarry operators, citing concerns that the quarry may violate Endangered Species Act by posing a threat to three species of native river snails.
This could pave the way for further legal action in an attempt to stop the quarry from operating.