Residents of the Qualla community who petitioned Jackson County commissioners for a moratorium on the construction of asphalt plants were elated last week when commissioners passed the temporary ban.

Jackson commissioners unanimously passed a resolution May 10 prohibiting the “construction and erection of asphalt plants in Jackson County” for one year.

Courtroom number two of the Jackson County Justice and Administration Building in Sylva was standing room only as opponents and proponents of the proposed plant pled their case. More than 250 people attended the meeting, and the majority were members of the Qualla community opposed to the plant.

A large contingent of HMC Paving employees, family and friends were also present to show their support for Mark Fortner (owner of HMC Paving) and the proposed plant. Fortner hopes to build a 500- to 800-ton per day asphalt plant along U.S. 74 on 12 acres known as the old Worley Farm. The site is located just east of the U.S. 441-Cherokee exit.

Fortner spoke to commissioners first, saying he believed residents were misinformed about health hazards associated with asphalt plants. He said state regulators would have to review, model and test plans for the plant. The state won’t allow the company to dump pollution on schools or the community, Fortner said.

The plant would exceed all state air quality requirements, according to Fortner.

“If I thought for one minute this would destroy the community, I wouldn’t do it,” he said.
Fortner said the proposed plant would be an asset to the community.

“I will reduce pollution, create jobs and put money back into the community,” he said.

His reference to reducing pollution comes from his contention that his plant would be more modern and produce less pollutants than the APAC-Harrison Construction asphalt plant currently operating in Dillsboro. Since the new plant would take some of APAC’s business and meet some of the new demand for asphalt, the overall amount of pollutants in the region would be reduced, according to Fortner.

Qualla residents, however, were adamant in their opposition. Terri Bass, an environmental attorney, told commissioners she felt the state was under-funded and under-staffed and could not effectively regulate existing industries.

Robert Franz, who had been selected to represent the citizens opposed to the plant, told commissioners that he respected Fortner’s integrity for making his plans public. He presented commissioners with signed petitions against the plant. He said an unofficial count totaled nearly 800 signatures. He asked commissioners to support a moratorium in order to “find ways to live together with this.”

There were many concerns about the health of children living in the area and attending Smoky Mountain Elementary School, which is about one mile from the site. Sharon Byron, who works at the school, said staff had to implement an asthma program at the school and worried that emissions from the plant would add to the problem.

Local physician David Triss told commissioners that respiratory concerns were valid and there was little information regarding long-term effects of asphalt plant emissions. He urged commissioner to take a long, cautious view of the project.

William Shelton, a Qualla resident and member of the Jackson County Planning Board, addressed commissioners on behalf of the community. Shelton told commissioners that the issue was complex, and that it would be difficult to know whether the plant was safe or not.

“We really don’t know. We think it’s questionable to put this plant in a residential community. We respectfully ask the commissioners to consider a moratorium. We need to be sure we’re right before we go ahead,” he said.

Air quality engineer, Conrad Carter of Alpha Environmental Management in Albemarle spoke on Fortner’s behalf. Carter told commissioners he only works with clients willing to do what it takes to protect the environment. He said the Fortners were buying a state of the art plant that would meet all state and federal air quality regulations.

Carter said the North Carolina toxic air regulations were prepared by the North Carolina Academy of Science  “the best minds in the state.” He said the state model for permitting plants uses a worst-case scenario, and that schools and nearby homes would be included in the modeling.

According to Carter, air quality permits are issued only if the state is sure that the air crossing the property line of the plant posed no significant health threats.

“Health effects should not be an issue,” Carter told commissioners.

After hearing both sides, commissioners went into closed session with county attorney Raymond Large. Upon reconvening, county board chairman Jay Denton made a motion to pass an ordinance placing a moratorium on the construction and erection of asphalt plants in Jackson County. Roberta Crawford, the commissioner who represents Qualla community, seconded the motion.

After the vote, Fortner said he expected the outcome. He has retained a lawyer and plans to pursue whatever legal avenues are available.

Harmer Weichel, who helped organize opposition to the plant, said he was elated with the vote. Wiechel said the community had been working hard with commissioners and “they responded.”

“Qualla impressed me. I didn’t think the opposition would be there, but I was wrong,” said Denton.
Shelton said he felt the issue might provide an impetus for county-wide land use planning.

 

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