County enacts yearlong moratorium on asphalt plants

By Lisa Majors-Duff

"We discussed our options - to enact a moratorium or not - and the legality of such a move," Denton said. Jackson County officials remain in litigation resulting from a moratorium they enacted in 1999, after Dillsboro residents protested the erection of a billboard near their town. That case is currently under review by the N.C. Court of Appeals; a ruling is expected this summer.

The 5-0 vote last week followed a motion by Denton and no discussion, other than a reading of the ordinance to enact the moratorium.

"The purpose of this ordinance shall be to protect the public health, safety and general welfare of citizens of Jackson County, North Carolina, from potential adverse health effects caused by asphalt plants, such as documented, potential harmful airborne emissions and potential harmful effects on surface water and groundwater, which may affect persons who live adjacent to or downstream from said facility," it says.

The measure goes on to direct the Economic Development Commission of Jackson County to "... work toward establishing criteria for future construction of such facilities..."

The approved moratorium, which Denton said was modeled after a similar document approved earlier this year in Cherokee County, includes a section for commissioners to consider variances "...where severe hardship may arise." The Cherokee County moratorium has prevented APAC (the same company that operates Jackson County's only asphalt plant) from getting a building permit, said Cherokee County Manager Randy Wiggins, though the company has received a permit from the N.C. Department of Environment and Natural Resources' Division of Air Quality.

"I expected this ruling," Fortner said after the meeting. "But I'm not just going to stand by and let it happen."

But by Tuesday Fortner had revised his comments about his future plans.

"I think I better keep my plans to myself," he said. "It hasn't been paying off to be open."

Fortner did express his appreciation for the "people who have been calling and offering their support, people I don't even know," he said. "There are people out here who want (the plant)."

"The moratorium gives us time to determine if the concerns of the community warrant further consideration," Denton said Friday. "If not, then we'll lift the moratorium. If so, then there are a lot of options to consider."

One of those options, he said, would be an ordinance that "could set guidelines for all new industry in Jackson County."

"I felt like there were a lot of unknowns that needed to be cleared up before (the board) decided to support (Fortner's plan) or not to support it," Commissioner Stacy Buchanan said. "One side said there are health risks involved; the other said said there are none. (The moratorium) gives us time to find the answers we need."

Commissioner Roberta Crawford, who represents Qualla residents on the board, agreed with Denton and Buchanan in that the moratorium will provide time to study the issue, but she also pointed out that this type of industry is needed in Jackson County.

"I understand those people don't want an asphalt plant; nobody wants an asphalt plant," she said. "But I don't think we're ready to give up paved roads, either. I'm just not ready to say we'll never have another asphalt plant in Jackson County."

Fortner's proposal calls for his plant to be constructed just off U.S. 441 within sight of the Cherokee exit on a 12-acre tract known as the old Worley farm. The facility, Fortner said, would be about a third the size of Jackson County's only other asphalt plant, which has been operated by APAC-Harrison Construction in Dillsboro since the late 1960s.

Fortner, together with Conrad Carter, an engineer he's hired to assist him with the state's permit process, argued that a new asphalt plant in Qualla would mean decreased pollution because of a better facility design, newer state regulations that must be met, and less highway time for trucks between jobs. Since APAC operates the only asphalt plant in Jackson County, it is at times unable to meet the local demand, Fortner said, causing him to travel to Haywood County to purchase the road-building product.

But community opposition has been great, with hundreds of residents turning out for meetings in Qualla and with the county board, including last Thursday's. The issues residents raised concerning the plant included air and water pollution from emissions, possible negative effects on the tourism industry, direct health hazards to children who attend Smokey Mountain Elementary and dangerous road access for trucks along the four-lane highway.

"I never tried to hide this plant," Fortner said at Thursday's meeting. "I guess this proves that being open doesn't always pay."

He went on to say that construction of his asphalt plant would add jobs and tax revenue to the Jackson County economy.

"There's been a lot of misinformation, but I believe this plant will be beneficial," Fortner said. "If I thought this would hurt the community, I wouldn't do it."

Qualla resident Jim Worley, who lives near the proposed site, countered Fortner's argument by saying that unemployment is not a concern for many in the area. What concerns him more, he said, is the negative effect the plant's emissions could have on his daughter, who suffers from asthma.

"I don't want this (plant) to endanger her life," Worley said. "I do not want the plant, and that's all I have to say."

Applause for speakers on one side of the issue led to "boos" from the other side at one point during the meeting. Tempers flared, causing one member of the board to request the presence of the Jackson County Sheriff's Department. Two deputies were called in and remained until the crowd dispersed from the Justice Center parking lot after the meeting.

"This is not an attact on Mark Fortner," said Robert Franz, chairman of the Qualla group that organized recently to oppose the plant. "We need some time to study this issue, and a moratorium is one way to do that, to find a way to live with it."

Back to Archive: 05/17/01.