One hundred acres of the Blanton-Crutcher Farm (also called the Maryland farm) property was listed in the National Register of Historic Places in 1975. It was an historic cultural landscape with significant architecture in the main house and many supporting cultural resources and natural features.
Although the main house had deteriorated over the past few years, it was a substantial structure with the potential to be adapted for reuse. The supporting structures that were part of the farmstead included a cemetery; agricultural structures; historic rock fencing; numerous stands of 200-year-old trees and historic streams and springs. In owner Ron Tierney’s determination to have this property rezoned for industrial use, he has ignored and violated many local, state and federal rules, regulations and laws.
Jayne H. Goddard
My comments are in regard to the federal regulation that is 36CFR Part 800, the Rules and Regulations of the Advisory Council on Historic Preservation. These rules are part of Section 106 of the National Historic Preservation Act, which states that any undertaking that may impact an eligible or listed National Register property must be reviewed to determine if that undertaking will cause adverse effects to the historic property.
The Army Corps of Engineers oversees impacts to the nation’s navigable waterways of which there are several that flow from the Blanton-Crutcher Farm; specifically, Slickaway Branch that runs along the east property line of the property and along both sides of Duncan Road. The ACOE is the federal agency charged with overseeing these impacts as they relate to 36CFR Part 800, the Rules and Regulations of the Advisory Council on Historic Preservation and Section 106. For any construction or dredging of these areas the property owner shall be required to obtain a permit from the corps to assess impacts to the nation’s aquatic ecosystems. Wetlands are also part of this legislation and therefore protected from destruction.
After Tierney purchased the property in July of 2019 the ACOE was contacted for an evaluation of the proposed work on this parcel at 690 Duncan Road. A meeting was held with representatives of the ACOE and the Kentucky Heritage Council, the State Historic Preservation Office. The SHPO is responsible for working with the corps to determine if proposed impacts to the listed property will result in an “adverse effect” finding. Tierney stated that he would be impacting less than 10 acres of land. Furthermore, he stated that the wetland and supporting waterways on the property would not be impacted. He was required to obtain permits from the corps if he deviated from that proposal or conducted any construction or dredging of these navigable waters.
During the three years after that point, Tierney proceeded to completely and adversely impact all of the waterways on and adjacent to the property. He proceeded to dredge, fill and dump rock and debris from his property (that is part of the adjacent Industrial Park 1 & 2) into ponds, protected streams and historic springs, adversely impacting these waterways. The status of the wetland identified by the ACOE is unknown. Tierney did not apply for or receive any Army Corps of Engineers permits for any of these undertakings.
The developer also destroyed the Blanton-Crutcher historic house and proceeded to illegally set fire to the house ruins. He then moved the ruins to another part of the property adjacent to a waterway and covered them with fill dirt. These impacts resulted in what would be an “adverse effect” finding by the COE and the SHPO if they had been allowed to review the impacts.
If it was Teirney’s intention to destroy every cultural and natural feature on this property he has succeeded and “Tierney Farms” now looks like a moonscape. He completed all this without regard to local, state, and federal permits and laws. He also obviously does not care about residential neighbors who are being adversely impacted daily by his efforts.
Is this the way we do business in Franklin County? Tierney should not be supported for his bad behavior. I request that the court set a higher standard and vote no to Tierney's request.
Jayne H. Goddard has been an Historic Preservation professional for more than 45 years. These comments were drafted to present to the Franklin County Fiscal Court Evidentiary Hearing held on March 1, but because the hearing went so long, Goddard was unable to submit them. She can be emailed at jaynegmsg@gmail.com
Did anyone call the Army Corps of Engineers, Division of Water and/or SHPPO when these violations were taking place? This destruction never should have occurred without the proper permits.
When developer Ron Tierney initially filed for the zone change in early 2020, he had already been cited for illegal open burning violations and construction without a permit by our local and state regulatory agencies.
On April 14, 2020, the Franklin County Fire Department responded twice, at ~10:00 AM and again at ~1:00PM, to local residents’ complaints of heavy black acrid smoke that burned their eyes, nose, throat and lungs.
When the fire department first arrived, Mr. Tierney lied in an attempt to conceal his violations when he told the responders that he was only burning brush and tree stumps. It proved to be a ruse. But since the smoke at that time had diminished to what was described as “gray and minimal”, the responders deemed it a legal burn and left the scene, only to have to return 3 hours later when the acrid smoke was again heavy and black.
This prompted a closer inspection of the fire pit divulging the remains of numerous illegal items. As a result,
Tierney reluctantly admitted to adding more debris from the demolished house, at least one tire and metal to the burn pile.
Mr. Tierney’s lying to officials at the scene reveals that he knew what he was doing was wrong and the fact that he continued to do it after they left, was willful. An act is "knowingly and willfully" if completed voluntarily and intentionally and with the specific intent to deceive.
As an experienced developer in Franklin County, he should be well-versed with our permitting laws and know better. The last thing that we need are miscreant developers, who flaunt their disrespect for the law for monetary gain.
On April 16, 2020, the Division for Air Quality issued Tierney a notice of violation in relation to two illegal burn piles (NOV) on the property, citing 401 KAR 63:005, which prohibits illegal open burning, with fines up to $25,000 per day because of the serious health risk, especially for children and the elderly who were present at the time. Burning this trash releases high levels of toxic pollutants such as dioxins, lead, and mercury. Dioxins are highly toxic and can cause cancer, reproductive and developmental problems, damage to the immune system, and can interfere with hormones.
The NOV recited the contents of the burn pits as various metals and an axle with at least one tire attached, brick, roofing shingles, painted wood and a portion of a radiator. They are all prohibited for open burning in Kentucky.
Tierney’s plea that he was ignorant of Kentucky’s burn laws is not plausible or a valid excuse, as you have to know the applicable laws that pertain to your business. The ancient maxim applies here, “ignorance of the law does not excuse”, especially when it involves human health or the environment.
There was already a state/countywide burn ban imposed by the Kentucky Division of Forestry for February, 2020, and extending through April 30, 2020, making both incidents illegal. This was reported to Judge Wells by Chief Hutchinson on April 14, 2020.
WHERE WAS OUR COUNTY'S PLANNING AND ZONING PROFESSIONALS WHEN ALL THIS DEBACLE HAS BEEN UNDERWAY? Why were these obviously illegal actions not stopped and are still underway?
There are two sets of applicable laws here, one that is promulgated and for the average working person, and one for the rich and powerful and in a black book somewhere.
We don’t have to guess which set that our local P&Z and its staff Director Robert Hewitt, and KCDC’s Terri Bradshaw, are using for bad-actor Tierney and Son. Their open infidelity with Tierney is obvious.
I’ve noticed at those public meetings that the applicant and their hired mouthpieces can stand and talk at length with ease while the government members sit watching ,listening eagerly for the next word?
Maybe I’m wrong .
Then when the concern local citizens that have lived in our community for decades want to speak to advocate what’s wrong with the threat to the environment and ecology, by the applicant -plus point out the criminal aspect of what the applicant has already committed , they are censored by a time restriction? Am I the only one that sees this? Probably not.
Five minutes passes by really quickly when you are trying to make a cogent argument before a board. When Terri Bradshaw made her case for Tierney, I don’t recall there being any time restrictions. Same goes for Hewitt. These restrictions are no accident, they are creating an illusion.
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Did anyone call the Army Corps of Engineers, Division of Water and/or SHPPO when these violations were taking place? This destruction never should have occurred without the proper permits.
When developer Ron Tierney initially filed for the zone change in early 2020, he had already been cited for illegal open burning violations and construction without a permit by our local and state regulatory agencies.
On April 14, 2020, the Franklin County Fire Department responded twice, at ~10:00 AM and again at ~1:00PM, to local residents’ complaints of heavy black acrid smoke that burned their eyes, nose, throat and lungs.
When the fire department first arrived, Mr. Tierney lied in an attempt to conceal his violations when he told the responders that he was only burning brush and tree stumps. It proved to be a ruse. But since the smoke at that time had diminished to what was described as “gray and minimal”, the responders deemed it a legal burn and left the scene, only to have to return 3 hours later when the acrid smoke was again heavy and black.
This prompted a closer inspection of the fire pit divulging the remains of numerous illegal items. As a result,
Tierney reluctantly admitted to adding more debris from the demolished house, at least one tire and metal to the burn pile.
Mr. Tierney’s lying to officials at the scene reveals that he knew what he was doing was wrong and the fact that he continued to do it after they left, was willful. An act is "knowingly and willfully" if completed voluntarily and intentionally and with the specific intent to deceive.
As an experienced developer in Franklin County, he should be well-versed with our permitting laws and know better. The last thing that we need are miscreant developers, who flaunt their disrespect for the law for monetary gain.
On April 16, 2020, the Division for Air Quality issued Tierney a notice of violation in relation to two illegal burn piles (NOV) on the property, citing 401 KAR 63:005, which prohibits illegal open burning, with fines up to $25,000 per day because of the serious health risk, especially for children and the elderly who were present at the time. Burning this trash releases high levels of toxic pollutants such as dioxins, lead, and mercury. Dioxins are highly toxic and can cause cancer, reproductive and developmental problems, damage to the immune system, and can interfere with hormones.
The NOV recited the contents of the burn pits as various metals and an axle with at least one tire attached, brick, roofing shingles, painted wood and a portion of a radiator. They are all prohibited for open burning in Kentucky.
Tierney’s plea that he was ignorant of Kentucky’s burn laws is not plausible or a valid excuse, as you have to know the applicable laws that pertain to your business. The ancient maxim applies here, “ignorance of the law does not excuse”, especially when it involves human health or the environment.
There was already a state/countywide burn ban imposed by the Kentucky Division of Forestry for February, 2020, and extending through April 30, 2020, making both incidents illegal. This was reported to Judge Wells by Chief Hutchinson on April 14, 2020.
WHERE WAS OUR COUNTY'S PLANNING AND ZONING PROFESSIONALS WHEN ALL THIS DEBACLE HAS BEEN UNDERWAY? Why were these obviously illegal actions not stopped and are still underway?
There are two sets of applicable laws here, one that is promulgated and for the average working person, and one for the rich and powerful and in a black book somewhere.
We don’t have to guess which set that our local P&Z and its staff Director Robert Hewitt, and KCDC’s Terri Bradshaw, are using for bad-actor Tierney and Son. Their open infidelity with Tierney is obvious.
I’ve noticed at those public meetings that the applicant and their hired mouthpieces can stand and talk at length with ease while the government members sit watching ,listening eagerly for the next word?
Maybe I’m wrong .
Then when the concern local citizens that have lived in our community for decades want to speak to advocate what’s wrong with the threat to the environment and ecology, by the applicant -plus point out the criminal aspect of what the applicant has already committed , they are censored by a time restriction? Am I the only one that sees this? Probably not.
Five minutes passes by really quickly when you are trying to make a cogent argument before a board. When Terri Bradshaw made her case for Tierney, I don’t recall there being any time restrictions. Same goes for Hewitt. These restrictions are no accident, they are creating an illusion.
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State-Journal.com’s comments forum is for civil, constructive dialogue about news topics in our community, state, nation and world. We emphasize “civil” at a time when Americans, in the words of the current president, need to “turn down the temperature” of political debates. The State Journal will do its part by more carefully policing this forum. Here are some rules that all commenters must agree to follow:
Absolutely no attacks on other commenters, on guest columnists or on authors of letters to the editor. Our print and online opinion pages are sacred marketplaces of ideas where diverse viewpoints are welcome without fear of retribution. You may constructively critique the ideas and opinions of others, but name-calling, stereotyping and similar attacks are strictly prohibited.
Leeway will be given for criticism of elected officials and other public figures, but civility is essential. If you focus your criticism on ideas, opinions and viewpoints, you will be less likely to run afoul of our commenting rules.
Keep comments focused on the article or commentary in question. Don’t use an article about the Frankfort City Commission, for example, to rant about national politics.
Hyperpartisanship that suggests anyone on the other side of an issue or anyone in a particular particular party is evil is not welcome. If you believe that all Democrats are socialists intent on destroying America or that all Republicans are racists, there are lots of places on the internet for you to espouse those views. State-Journal.com is not one.
No sophomoric banter. This isn’t a third-grade classroom but rather a place for serious consumers of news to offer their reactions and opinions on news stories and published commentary.
No consumer complaints about individual businesses. If you’ve had a bad experience with a private business or organization, contact the Better Business Bureau or the government agency that regulates that business. If you believe the actions of a private business are newsworthy, contact us at news@state-journal.com and we will consider whether news coverage is merited.
Absolutely no jokes or comments about a person’s physical appearance.
No promotion of commercial goods or services. Our outstanding staff of marketing consultants stands ready to help businesses with effective advertising solutions.
If you state facts that have not been previously reported by The State Journal, be sure to include the source of your information.
No attacks on State Journal staff members or contributing writers. We welcome questions about, and criticism of, our news stories and commentary but not of the writers who work tirelessly to keep their community informed. Corrections of inaccurate information in news stories should be sent to news@state-journal.com rather than posted in the comments section.