PUBLIC NOTICE
State of Tennessee
Department of Environment and Conservation
Division of Land Protection – Remediation Branch
Notice of an Approved Administrative Settlement Pursuant to 42 U.S.C. § 9613(f)
Brownfield Redevelopment of Witherspoon Road Property (at intersection of Old TVA Road), known as VMC Witherspoon Property Site, Site # 60-559
The Division of Land Protection – Remediation Branch ("DLP-RB") has accepted into its Brownfield Program an approximate 94.8-acre parcel of property to facilitate redevelopment of the Site by Vulcan Lands, Inc. (the "Voluntary Party"). The Brownfield Voluntary Agreement ("Agreement") between the Voluntary Party and DLP-RB includes liability protection for the Voluntary Party and any successor parties, including protection against third-party contribution claims regarding matters identified and addressed in the Agreement. This notice serves the dual purpose of notice of the terms of the Agreement to the public and to third parties who may hold contribution claims under 42 U.S.C. § 9613 (f).
The Site currently consists of wooded land, an abandoned asphalt plant, and multiple utility easements. The Site was formerly owned and operated by Presnell Phosphate Company ("Presnell"). The Site was used for agricultural purposes prior to the 1950s. From the 1950s to the 1980s, Presnell used the property for a phosphate washing and beneficiation operations. A portion of the property was used as an asphalt plant from early 1960s to the early 2000s. The DLP-RB acknowledges that the Site has been impacted by historical operations.
Former phosphate tailing ponds contain manganese, fluoride, thallium, arsenic, and Naturally Occurring Radioactive Materials. Soils on other areas of the property contain lead, arsenic, manganese, total petroleum hydrocarbons, polycyclic aromatic hydrocarbons, and benzo(a)pyrene. Groundwater in certain locations on the property contains cyanide, iron, manganese, and fluoride. There is no evidence of off-site migration of any contaminants.
The Voluntary Party proposes to use the subject property for limestone mining and hot mix asphalt production and ancillary activities to said mining and asphalt production.
The Site has been the subject of environmental investigations, the results of which have been reviewed by DLP-RB. All reports of the investigation and remediation of the Site are on file with the DLP-RB. These investigations concluded that the Site has been impacted by real or perceived hazardous substances, solid wastes or other pollutants determined to be present in this Site relating to the historical operations at the site and/or at neighboring properties. Due to the presence of these constituents: a Notice of Land Use Restrictions will be placed on the Site to limit certain future activities there. A Soil Management Plan was prepared and will be followed during development activities. These and other measures required by DLP-RB under the Agreement for the Site will ensure protection of human health and the environment.
The public may contact Ken Johnson in Nashville at the Department of Environment and Conservation, Division of Remediation, 711 R.S. Gass Blvd, Nashville, TN 37216, or by phone at (615) 687-7032 to obtain a copy of the draft Agreement or for more information. DLP-RB is accepting written comments on the Agreement from the public and those who may have contribution claims for thirty (30) days after the date of publication of this notice, and these comments should be mailed to Mr. Johnson at the above address.
July 7 2026
LOKR0548005