“It’s a beautiful area - beautiful piece of land - even if we don’t put the plant here, I can use it for something,” said Mark Fortner, surveying the old barn and old farm house.

Fortner, owner of HMC Paving in Bryson City, plans to build an asphalt plant in the Qualla community of Jackson County. Those plans have been put on hold thanks to a moratorium passed by county commissioners at their May 10 regular meeting.

He pointed to a row of hemlock trees and said, “If I leave all the greenery, no one will ever see it. The people over the top of this mountain [near Smoky Mountain Elementary School] will never know it’s here, it’s such a small plant.”

Fortner, who buys about 20,000 tons of asphalt a year for his paving business, expects to pursue a permit for 40,000 to 50,000 tons per year. To date, the only permit Fortner has applied for is a county building permit. He said he is waiting for more information regarding the moratorium before he files for air quality permits. Raleigh attorney Bill Lane has been retained to advise Fortner of his legal options.

Lane is the same attorney who represented the Rhodes brothers in Macon County last year when neighbors tried to prevent construction of an asphalt plant on the Cullasaja River. The plant has been producing asphalt for more than a year now.

“I’m not looking for a court fight but I need to stand up for my rights,” Fortner said.

He said he wouldn’t mind a moratorium for the purpose of studying the issue and making the plant as effective and pollution free as possible. But he doesn’t believe that is the intent of the moratorium.
“I think the moratorium was initiated to destroy the project - not to make it better - to stop it completely.”

Fortner said he went public with his plans because he “wanted to be a good neighbor. I wanted to be straight with all the neighbors, tell them what I was doing and work to address the concerns they had.”

He believes the state permitting process is thorough and performed in the best interest of the public. He said surveyors must do an “as-built” of the property, including buildings, elevations and contours, and that this information is added to aerial photos that will show nearby entities like Smoky Mountain Elementary. This data is used in the state’s computer modeling program.

Although Fortner trusts the state’s modeling tests and permitting procedure, he wishes they would do more.

“I wish the state could come in and help me someway. They tell me it’s going to be safe. I wish they could send someone out here to talk to the people,” Fortner said.

Opponents have accused the Fortners of obtaining the property under false pretenses; that they told sellers the property would be used for a bed and breakfast and/or riding stables. Fortner said there was no discussion of land use before the purchase.

The land was actually purchased at auction by Fortner’s grandfather. Fortner said at the closing, which he did not attend, his grandfather mentioned the stables and a B&B, but location for an asphalt plant had always been his priority.

Fortner said he chose the site because it was somewhat isolated, it was in a central location for his business and it looked like it would have good access. If the Department of Transportation agrees, he says he can create a safe access lane which will allow trucks to exit and enter the four-lane safely.

He said the plant will make his company more competitive. He said money from HMC would be returned to WNC and the plant would be an asset to the county and the community. Fortner estimates the cost of the plant plus roads and other construction will run $1 million.

The nearest neighbors to the proposed site are adjacent property owners on the east and west property lines. The site is bordered on the east by rental storage sheds owned by Charles Bradshaw. The site is bordered on the west by residential property.

Fortner’s neighbor to the west, who asked not to be named, owns a rental house, a primary residence and a guest house, all within three tenths of a mile of the site along the Worley Farm Road. The resident used to work for the highway department, and he feels access may be more difficult to obtain than Fortner thinks. He doesn’t believe Fortner will have the required sight distance for an access lane along the highway and there is no right of way available along Worley Farm Road.

Fortner said he had received many encouraging phone calls and wanted to thank everyone that offered their support.

He said the concerns regarding the plant have been exaggerated.

“If I get the plant running, I will guarantee that after a year you wouldn’t be able to get 10 people to go to a commissioners meeting,” he said.

 

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The Smoky Mountain News