The grassroots group United Neighbors of Tuckasegee is joining forces with the Southern Environmental Law Center to fight the construction of a proposed rock quarry in Jackson County.

For over a year the United Neighbors of Tuckasegee have been up in arms over the idea of a rock quarry being built in the heart of Tuckasegee at the intersection of N.C. 281 and N.C. 107.

The group thought it had won the battle in January when officials at the North Carolina Department of Environment and Natural Resources denied Carolina Boulder and Stone LLC of Franklin a mining permit.

However, the mining company has decided to appeal the decision and present its case in front of a judge. When hearing about the appeal, the SELC decided to jump on board.

“We are very concerned about it as well,” said D.J. Gerkin, an attorney at the Southern Environmental Law Center. “We are advising them to make sure this thing doesn’t get built in a disastrous place.”

The Asheville-based law center has paired up with several Jackson County grassroots organizations, including the Smart Roads group. The center helped Smart Roads file a Freedom of Information Request on all documentation pertaining to the Southern Loop, a four-lane bypass that would run through Jackson County from U.S. 441 to U.S. 23-74 near Scotts Creek.

Despite the appeal by Carolina Boulder and Stone, Gerkin says the state’s initial permit decision has strong legal footing.

“We certainly feel the state was on solid legal footing when they denied the permit,” Gerkin said.

DENR rejected the company’s requests because of the project’s potential negative impact to the community’s natural environment and wildlife, state officials said.

The hearing has been set for March 31 in Asheville.

Jim Simons, a state geologist at DENR, says the state is prepared to go to court.

“We are prepared to defend our decision,” he said.

At the hearing both sides will present this case and a hearing officer will make a recommendation. The recommendation will then be passed on to the state’s mining commission, a nine-member board appointed by the governor, who will either side with the state or overturn the administrative officer decision, Simons explained.

A decision isn’t expected anytime soon. The mining commission meets quarterly. The commission is scheduled to meet some time in June. Until then the appeal will be in limbo.

However, if the quarry project gets a green light from the mining commission, the project will still have to meet the requirements set forth in the county’s industrial development ordinance.

The county’s ordinance states the project must have a set back distance of 1,320 linear feet from the nearest property line of a residential or commercial building.