Asphalt plant is put on hold

Maymead says its plans in Alleghany depend on work

By: By Sherry Youngquist | JOURNAL REPORTER
Published: January 14, 2008

SPARTA

An asphalt company that won a legal battle to build a plant in Alleghany County more than a year ago has yet to build anything.

Maymead Materials Inc. now intends to proceed with plans to build a portable plant only if work becomes available, a company official said.

"We have the piece of property, as market conditions there dictate. If we choose to locate that plant there, that's what we're going to do," said Wiley Roark, Maymead's vice president.

The fight to build an asphalt plant on N.C. 18 in the Laurel Springs community got caught up in the debate over land use in Alleghany County.

In November 2005, months after Maymead announced its intentions to build, county commissioners adopted a polluting-industries ordinance that barred the operation of asphalt plants within 2,000 feet of churches, homes and schools.

At the time, Alleghany had no countywide zoning and was working to come up with land-use guidelines in response to a fight over a racetrack for lawn mowers.

Maymead wanted to build an asphalt plant within 1,000 feet of a church and a home. The site is near a winery, two bed-and-breakfast inns and the Blue Ridge Parkway.

Maymead had already applied to the state for an air-quality permit. The division of air quality granted the permit in December 2005.

Maymead sued the county in January 2006 and argued that the ordinance was tailored to prevent Maymead from building in Alleghany.

In December 2006, a judge ruled that Maymead could build the plant. Later, county officials decided not to appeal in exchange for Maymead dropping its damage claims of $300,000 to $400,000 and reducing its attorney fees from $100,000 to $40,000.

As part of the settlement, Maymead is supposed to give a summary of its plans for the property each year, said Don Adams, the Alleghany County manager.

So far, Maymead hasn't sent such a report. "But there's no consequences if they don't," Adams said. "They won the lawsuit. They have a right to use the area."

There has been no change to Maymead's air-quality permit. Those permits are good for about five years, said Tom Mather, a spokesman for the state's division of air quality.

■ Sherry Youngquist can

be reached in Mount Airy at

336-789-9338 or at syoungquist@wsjournal.com.