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CUMBERLAND COUNTY COMMISSION TELLS TDEC THEY DON’T OWN BRECKENRIDGE DAM #2

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The Cumberland County Commission has told the Tennessee Dept. of Environment and Conservation (TDEC) that they do not own and will not be paying for fees in regards to Breckenridge Dam #2. The county has been in dispute over assessment fees that the state says the county owes. The original inspection fee of $500 had been paid for years by residents of Breckinridge. According to the county, those residents just stopped paying the fee, and so TDEC has said that the county, whom the residents say own the so-called “dam”, should take over the fee. According to TDEC, the fee, with fines, assessments and penalties, has now grown to $3,536.29. Monday night, the commission approved a resolution to send to TDEC saying that they deny ownership and responsibility of the dam. They say that sitting commissioners in 2001 did not vote to accept a quit claim deed filed by JH Graham, granting the county ownership of the dam. They say that according to Tennessee Code Annotated, since the county did not construct the dam, they have no obligation to maintain, repair or have any legal obligations to the dam. The subject was originally on October’s commission agenda but was returned to the Environmental Committee for discussion who recommended the resolution be sent to the state. According to Commissioner Allen Foster, TDEC agreed to hold back on any further penalties until after Thanksgiving allowing the commission time to file an appeal with the Attorney General. A motion was also approved to have County Attorney Randal Boston file an affidavit of non-acceptance on the quit claim deed.


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