County to try again to adopt 'heavy' industrial rules

By Lisa Majors-Duff

Instead, board members extended their yearlong moratorium on asphalt plant construction projects by 30 days and agreed to revisit the proposed ordinance today (Thursday) during their regular meeting at 7 p.m.

Just prior to the May 9 meeting, Commissioner Roberta Crawford presented board members with a list of four proposed changes she said had been prepared by county Manager Ken Westmoreland at her request.

Crawford's changes, which she proposed for both the asphalt and mining sections of the ordinance, include decreasing the distance requirement between a regulated business and an adjacent residence; locating such businesses on paved, 24-foot access roads; a 6-foot vegetative buffer along property lines; and the inclusion of emission control equipment, such as "bag houses" designed to control dust and "blue smoke."

Almost immediately after Chairman Jay Denton called the meeting to order, Crawford requested an opinion of her amendments from county attorney Raymond Large, who responded with some doubt about the county's ability to dictate to the Department of Transportation on the use of state highways.

Commissioner Conrad Burrell, who also serves as the DOT's 14th Division highway commissioner, agreed with Large's assessment of the proposed amendment.

"Roads are available to anyone. It's up to the DOT to make sure that the roads are safe," Burrell said.

Crawford countered by saying her road-width amendment was being suggested in response to a comment Mark Fortner (the Bryson City man whose plans to build an asphalt plant in Qualla started the current debate) made last week concerning the possibility he'll be forced to use what he called "small, mountain roads" if the ordinance restricts his use of the Worley Farm site.

The amendment is designed to tell regulated businesses where they can locate, not to tell the DOT anything about road requirements, Commissioner Stacy Buchanan said.

"We have to do something to address the safety concerns with these trucks," Buchanan said. "The intent (of the amendment) is to make sure they are picking a good, safe site."

Large also asked the board to consider how such a requirement might further restrict an industry from locating in Jackson County.

"The issue is how does (the road-width requirement) further narrow where (regulated businesses) can locate," Large said, "coupled with restrictions already (in the ordinance)."

Chairman Jay Denton asked the county attorney to elaborate, with an emphasis on the chances an industry might consider legal action against the county if the ordinance is "too restrictive."

"(The regulated business) would have to prove they could not find a site and show that we legislated them out," Large said. "That's the bottom line."

While Buchanan said he'd would be in favor of Crawford's road-width amendment, he preferred not to shorten the distance between regulated industries and residences from a half to a quarter mile. At that point, Crawford said her shortened distance clause was contingent on her road-width requirement.

"I can support a quarter mile if we can go with 24-foot roads," she said, a statement Buchanan later echoed.

"If you go with a half mile, you are substantially reducing where an asphalt plant can go," said Dale Holland, the consultant who drafted the ordinance. Board members seemed to agree with Crawford's remaining two amendments - a property line buffer and emission controls - though no votes were taken. Instead, Chairman Denton called for a recess, after which the issue was tabled.

In addition to the original ordinance, board members will have three options to consider tonight. Option A incorporates the changes suggested at the May 2 meeting, when Denton asked for "uniformity" in distances throughout the ordinance; option B includes changes discussed May 9, including two road access requirements and a separation clause of a quarter mile; option C does not include road access requirements but does allow for a half mile between regulated businesses and residences.

Back to Archive: 05/16/02.