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Those concerned about an asphalt plant being built in their neighborhood stood face to face Monday night with the man making the proposal.
For slightly more than two hours, Mark Fortner of HMC Paving in Bryson City answered questions from an audience numbering more than 200 about his plans to build an asphalt plant in Qualla's Gateway community. The plant, which Fortner hopes to build on 12 acres known locally as the old Worley Farm, would be capable of producing 60 tons an hour, or between 500 and 800 tons of asphalt a day, he said.
His plans are in their infancy, Fortner said, with applications and tests yet to be completed. It is possible, he said, that state regulators with the N.C. Department of Environment and Natural Resource's Air Quality Division will not permit the proposed plant on this site, depending on what their "worse-case scenario" computer models say about the potential for the plant's emissions to harm the environment.
Those gathered were not satisfied with Fortner's explanation or his assurances that no one, with the exception of those closest to the plant, would be affected by its noise, smell and emissions. Many speakers implored Fortner to reconsider building on the proposed site.
If not, they said, their next step could be to ask county leaders to do everything in their power to prevent the plant, including the adoption of a moratorium and local regulations designed to be more stringent than those required by the state.
Jackson County Commission Chairman Jay Denton, who himself got involved in politics four years ago to prevent a proposed construction and demolition landfill from being built in his neighborhood, reminded those in attendance that without zoning or land-use planning options, the county is limited in what it can do to prevent Fortner's plant.
"I don't have any control over what goes on," Denton said, referring to the county's lack of zoning. "I didn't think anyone here would be interested in zoning. I was wrong, bad wrong."
Denton did say that he has discussed the matter with county attorney Raymond Large, but he declined to elaborate until he has an opportunity to discuss the matter with the entire board. Commissioners will meet again in regular session at 7 p.m. Thursday, May 10, at the Justice Center.
County planning board member and Whittier resident William Shelton continued to broaden the evening's discussion from the proposed asphalt plant to ways to prevent unwanted development.
"I am loving this," he said. "I love the fact that we've finally got an issue that's bringing us together."
Shelton, a vocal proponent of land-use planning, pointed out that zoning regulations do not have to be as tight as what "color you can paint your house or where you can walk your dog. But under the right circumstances, when there is an issue, we can say what we want."
Whittier resident Robert Franz, one of the organizers of Monday night's meeting, agreed with Shelton's position.
"This asphalt plant is just the tip of the iceberg," Franz said. "We are going to grow, and we need a group to fight what's coming next and to keep this area from getting over developed in ways that are not to our benefit."
Those opposed to the asphalt plant have scheduled another meeting for this Friday, May 4, again at the Qualla Community Building. Plans call for a petition to be circulated and presented to commissioners during their meeting next week, Franz said. They'll also request a moratorium to give the county time to study ways to protect area residents from the possible effects of emissions from asphalt plants.
Though Fortner pointed out the advantages he predicts will be apparent after the construction of a second asphalt plant in Jackson County - including job creation, fewer haul miles and a more a efficient operation provided by a "state-of-the-art" facility - few of those in attendance were in a mood to agree. Many instead asked Fortner to assure them they would not be affected by his plant.
"The only (assurance) I have is what the (Division of) Air Quality people tell me," Fortner said. "If I pass their tests, then I can operate this plant."
Those with the strongest arguments against the proposed plant were several residents of Macon County's Highlands Road, where Rhodes Brothers Paving Co. recently built a plant against the wishes of area residents.
"If you think the (Division of) Air Quality is going to protect you, you are sadly mistaken," one Franklin resident told the crowd. "Rhodes Brothers has five fines against them, and they haven't paid one.
"I believe Mr. Fortner believes what he's saying, but DAQ won't protect you," she said. The woman went on to explain that her property has become undesirable to Realtors and potential buyers since the Rhodes Brothers plant was built near her home.
"Thank you, Mr. Fortner, for telling these people of your intentions," said another Franklin resident who said his home is within 130 yards of the new plant. "Rhodes Brothers did not tell us."
The plant's burner "sounds like a jet engine, which has been measured at 70 decibels," he said. Property values have gone down, though he admitted the Macon County tax assessor has not devalued his land, and state regulators only visit plants once every five years after they are permitted.
"The county must do something," he said. "We need asphalt, but (Fortner) should work with the county."
"Dealing with the county has gotten us squat," Whittier resident Herb VanDerVen said. "We need to get organized tonight."
Tensions grew tighter still when Whittier resident Debbie Worley accused Fortner of "destroying what so many have worked a lifetime for. I think you need to search your heart and see why you want to destroy what we have."
"If I was doing something on my property, and it caused this many people (to come out against it), I don't believe I'd do it," said Marion Jones, who owns property across U.S. 441 and the Tuckaseigee River from the proposed site. "Some things you don't need to do just because they are legal."
Jones, who worked in the District Attorney's office for many years, went on to say he may be forced to use the court system if his investment is damaged by the asphalt plant.
"If I'm hurt in any way, I've got a right to compensation," he said.
"Mr. Fortner, these people are asking you not put this asphalt plant in their community," Chairman Denton said in closing the meeting. "Please consider their thoughts."
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