Bricke Murfree Murfree & Murfree, PLLC Attorneys-at-Law 805 South Church St., Suite 21, Murfreesboro, TN Phone: RICHARD REEVES & JOAN REEVES PRESENTATION BEFORE THE RUTHERFORD COUNTY BOARD OF ZONING APPEALS

IDENTIFICATION OF THE PROPERTY The applicants are Richard Reeves & his wife, Joan Reeves The property in question is acres on E. Jefferson Pike, directly adjacent to the BFI property.

PROPOSAL The BFI site to the west requires clay which is a necessary part of the landfill operations. The Reeves propose to supply clay to the BFI site from their property which shares a property line with the BFI site. This is not an expansion of landfill operations

NOT A LANDFILL PROJECT This is not a landfill or BFI project All excavation / work will be performed by contractors working for, paid by, and reporting to the property owner, Richard Reeves. Richard Reeves is a current, life-long Rutherford County resident.

COMMITMENTS ARE BINDING The following Commitments are also made in the applicants’ written, signed application. The applicants have submitted two amendment letters with some additional commitments made as a compromise with the neighbors. Thus, these commitments are also binding on the applicants. These commitments are a matter of public record.

PROPOSAL AVOIDS DUMP TRUCK TRAFFIC ON PUBLIC ROADS BFI site requires clay which normally would have to be trucked in by dump trucks on public roads. This does not expand the life or scope of the landfill Clay will inevitably be obtained from some source If not from the Reeves property, from another property requiring extensive dump trucks trips on public roads This merely allows the landfill to obtain its clay without the necessity of using public roads All clay removed from the Reeves property will be taken to the adjoining BFI property to the west for use at the landfill.

PROPOSAL AVOIDS DUMP TRUCK TRAFFIC ON ROADS CONTINUED The Reeves’ proposal avoids dump trucks transporting clay on roads. Therefore, the Reeves plan will reduce dump truck traffic on public roads. Applicants estimate the applicants proposal would reduce trips on public roads by fifty dump truck trips per day for six-hundred days.

AMENDED PROPOSAL The applicants have agreed to reduce the sections that they will be excavating from ten (10) acre sections to approximately five (5) acre sections. The applicants agree that they will not extract clay from the two and seven tenths (2.7) acre site originally identified which is on Jefferson Pike and shares a property line with the property formerly known as the Matthews Property. Said section is in the northwest corner of the applicants’ property. The applicants have also agreed to reduce the acreage of the other site identified on Jefferson Pike from approximately four and one tenth (4.1) acres to approximately three and four tenths (3.4) acres.

AMENDED PROPOSAL The above changes will reduce the total acreage of excavation from seventy-one and four tenths (71.4) to sixty-five and two tenths (65.2). So excavation will only occur on 65.2 acres of the acres owed by the Reeves. The percentage of land area subject to excavation will be reduced from 34.7% to 31.69%.

AMENDED PROPOSAL The Applicants will not conduct any blasting during the Project. Dump trucks and/or service trucks involved in the Project will not be permitted to enter or exit the applicants’ property through any residential neighborhood. The Applicants and their contractors will be not conduct any trucking activity through the Riverwalk Subdivision during the Project.

ADMINISTRATIVE EXTENSIONS REMOVED The applicants have also agreed to remove their request for administrative extensions. At the end of each permitting period the applicants will be required to come back before the BZA to request an extension. This will allow the BZA to police the applicants fulfillment of their commitments and obligations.

REDUCTION OF DUMP TRUCK TRIPS & PUBLIC SAFETY This will prevent sixty thousand ( 60,000 ) dump truck trips on public roads leading to the BFI site. The reduction of dump truck trips on public roads will: 1.preserve road surfaces 2.Reduce the possibility of traffic accidents with dump trucks 3.Reduce congestion on public roads

NO ACCESS THROUGH RESIDENTIAL NEIGHBORHOODS As stated above, this will avoid the necessity for tens of thousands of dump truck trips on adjoining public roads Access to the property will not be through any existing residential neighborhood By keeping 60,000 dump truck trips off the roads, this will keep the area’s streets and children safer

PROPOSAL CONTINUED Applicant will utilize extensive efforts to prevent dust and erosion, these efforts will be in place throughout the entire project. All efforts will be made to mitigate air pollution and no mud, dust, and debris will be on the public roads.

PROPOSAL CONTINUED The original proposal was to remove clay from ten (10) acre sections. As an accommodation to the neighbors, the Reeves have agreed to remove clay from sections of five (5) acres or less which is a 50% reduction. Prior to extracting the clay, top soil will be removed and stored on site. After activities are complete on each five (5) acre section, the top soil will be returned, and the property will be reseeded to restore the property to its current, natural, aesthetically pleasing condition.

SET BACKS, TREE PRESERVATION & HOURS OF OPERATION Existing trees will be preserved and cover for wildlife will not be disturbed. Conducted so that six (6) months after project is completed, land will appear undisturbed In consideration of neighbors: Set backs of at least one hundred fifty (150) feet from all existing residential property lines Set backs of at least fifty (50) feet from all other property lines Excavation to occur only during daylight hours

EROSION CONTROL Applicant will submit a drainage and erosion control plan to the County Engineer for approval prior to commencing excavation Applicant will submit a reclamation plan to the County Engineer for approval prior to commencing excavation activities This proposal does not call for the construction of a lake. Any lake construction would be undertaken as a separate project with separate notice to and consultation with neighbors