Tribe votes to oppose asphalt plant

By Lisa Majors-Duff

At a meeting of Tribal Council May 3, members voted unanimously in favor of a resolution that asks the Jackson County Board of Commissioners to adopt a one-year moratorium on any asphalt plants being constructed in its jurisdiction. The action followed an announcement by HMC Paving owner Mark Fortner that he plans to build such a facility on property known as the old Worley farm in Gateway community.

"...the purity of our air is necessary to protect our quality of life and to protect our enrolled members... and (an asphalt plant) at this location would pose a serious health risk to our children and our neighbors' children attending Smokey Mountain Elementary School," the Tribal Council resolution says.

"The Tribal Council hereby goes on record as opposing the location of an asphalt plant on the old Worley farm, or on any other location near lands owned by the Eastern Band of Cherokee Indians," it says.

"It's not good news, but I don't see how it changes anything," Fortner said Tuesday. "And I don't see how the Tribe could vote without hearing both sides. It's not a very fair vote."

Fortner publicly announced his plans to build an asphalt plant at an April meeting of the Jackson County Board of Commissioners. He asked for the board's support for the project, though he and several commissioners admitted that without zoning restrictions in the county, the board could do little to prevent the plant if it chose to.

Since that time, Qualla residents opposed to the plant have organized and plan to appear before the county board tonight (Thursday). They'll make the same request - for a moratorium - as the Tribal Council, their chairman said.

"We've discussed what's going on in other counties, what our next step should be and elected officers," said Qualla resident Robert Franz, who was named chairman of the group. "We're still collecting signatures on a petition we'll give to commissioners."

Other officers include Susy Sims and Paula Cologna, assistant chairs; Diana Wike, secretary; Cindy McElprang, treasurer; and Maggie Weichel, assistant treasurer. Committees specifically to address legal issues, health concerns and public relations were also formed, Franz said.

"This has been blown so far out of proportion," Fortner said. "If I were putting in a topless bar, then I could see it. This is ridiculous."

Fortner said he'll also appear before the board of commissioners tonight with Conrad Carter, president of Alpha Environmental Management in Albemarle, the firm he hired to assist with the state permit process. It's possible, he said, he'll have also retained an attorney by then.

Fortner said he's not necessarily opposed to a countywide moratorium, if it were designed to make asphalt plants safe and "if it doesn't get out of hand."

"I've been fair with the county and fair with the people," Fortner said. "I'd like them to be fair with me."

Jackson County Commissioner Roberta Crawford, who represents Qualla on the board, said she plans to reserve judgment until she's heard from county attorney Raymond Large on the issue.

"I feel like since (Chairman) Jay (Denton) asked our attorney to look into this, that I shouldn't comment until we've heard from him," Crawford said. "I understand he'll have an opinion for us Thursday, then we need to speak as a group."

The meeting of the board will be held at 7 p.m. at the Justice Center.

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