PLEASE HELP US RAISE $7,500 TO FIGHT THIS IN COURT
WHAT IS THE MONEY FOR?
* So that the Blue Ridge Environmental Defense League (BREDL) can become an intervenor in the appeal being heard in Superior Court of a ruling that would allow for the asphalt plant to be built. An intervention in the appeal heard in Superior Court will allow BREDL to put forth other pertinent facts and opinions that are not part of the ruling from the Board of Adjustments. As an intervenor, the submission of these facts and opinions to the judge hearing this case will have the same legal standing as the ruling submitted by the Board of Adjustments. To become an intervenor means legal counsel is needed so that this court action can be professionally and correctly done.
* For informing all Ashe County residents of the health and environmental hazards associated with an asphalt plant being built in Glendale Springs.
* For informing all Ashe County residents of the health and environmental hazards associated with an asphalt plant being built in Glendale Springs.
Donations can be mailed to:
Protect Our Fresh Air
PO Box 88
Glendale Springs, NC 28629.
Please make your check out to POFA (Protect Our Fresh Air). This is a tax deductible donation. The Protect Our Fresh Air organization is a recognized chapter of the Blue Ridge Environmental Defense League (BREDL). This 501(c)3 organization was formed in 1984 when there was a threat that radioactive materials may be stored in Glendale Springs.
To learn more about the Blue Ridge Environmental Defense League, click here ( * ).
$1,000 of the $7,500 has already been raised with a donation from Harry and Suzie Corpening. If YOU think it is unwise for an asphalt plant to be built in what up to now has been pristine Glendale Springs, hopefully YOU to will make a donation to this worthy cause!
PO Box 88
Glendale Springs, NC 28629.
Please make your check out to POFA (Protect Our Fresh Air). This is a tax deductible donation. The Protect Our Fresh Air organization is a recognized chapter of the Blue Ridge Environmental Defense League (BREDL). This 501(c)3 organization was formed in 1984 when there was a threat that radioactive materials may be stored in Glendale Springs.
To learn more about the Blue Ridge Environmental Defense League, click here ( * ).
$1,000 of the $7,500 has already been raised with a donation from Harry and Suzie Corpening. If YOU think it is unwise for an asphalt plant to be built in what up to now has been pristine Glendale Springs, hopefully YOU to will make a donation to this worthy cause!
WHAT FACTS IS THE APPEAL BASED ON?
If you take the time to read the Timeline of Events (below), the two following analogies make it perfectly clear as to what is being appealed.
The first analogy: let's say you had a driver's license, and lost the right to drive until October 19th because you had several speeding convictions. Let's say you went to a DMV office on April 7th, passed the written and eye tests, and demanded to know if you could get a driver's license. You were told no, because you had to wait until Oct. 19th.
The second analogy: let’s say you asked the teacher to grade your paper, and she did (giving it a failing grade). Let’s say at a later date you submitted a new paper that had better information. You again asked the teacher to grade the new one, and you received a passing grade. Even though you eventually got a passing grade on a paper, the teacher did not err when she gave you a failing grade on your first paper.
Because the State of N.C. did not issue the required air permit approval until February 29, 2016, the application for a Polluting Industry Development Ordinance (PIDO) permit was essentially made valid on that day (and not the day in June when it was first presented to the Planning Director). Prior to February 29th (or on October 19, 2015), the County had enacted a moratorium on issuing approvals of the PIDO until April 19, 2016. When the firm wanting to build an asphalt plant on April 7, 2016 demanded a ruling on their application permit, the only ruling the Planning Director could have legally given them was a denial....which is what he did. The Board of Adjustments should not have considered an appeal of this ruling.
The first analogy: let's say you had a driver's license, and lost the right to drive until October 19th because you had several speeding convictions. Let's say you went to a DMV office on April 7th, passed the written and eye tests, and demanded to know if you could get a driver's license. You were told no, because you had to wait until Oct. 19th.
The second analogy: let’s say you asked the teacher to grade your paper, and she did (giving it a failing grade). Let’s say at a later date you submitted a new paper that had better information. You again asked the teacher to grade the new one, and you received a passing grade. Even though you eventually got a passing grade on a paper, the teacher did not err when she gave you a failing grade on your first paper.
Because the State of N.C. did not issue the required air permit approval until February 29, 2016, the application for a Polluting Industry Development Ordinance (PIDO) permit was essentially made valid on that day (and not the day in June when it was first presented to the Planning Director). Prior to February 29th (or on October 19, 2015), the County had enacted a moratorium on issuing approvals of the PIDO until April 19, 2016. When the firm wanting to build an asphalt plant on April 7, 2016 demanded a ruling on their application permit, the only ruling the Planning Director could have legally given them was a denial....which is what he did. The Board of Adjustments should not have considered an appeal of this ruling.
A TIMELINE OF EVENTS RELATING TO THE PROPOSED ASPHALT PLANT
* June 5, 2015: the Planning Director of Ashe County received an application for a Polluting Industry Development Ordinance (PIDO) permit allowing an asphalt plant to go into operation at the rock quarry on Glendale School Road in Glendale Springs. This application did not have a required air permit issued by the State of N.C.
* October 19, 2015: the Ashe County Commissioners enacted a moratorium that temporarily stopped the County from approving any PIDO permits until April 19, 2016, with there being a possibility of a 6-month extension.
* February 29, 2016: the State of N.C. air permit was received by the Ashe County Planning Director.
* April 4, 2016: the Ashe County Commissioners extended the Moratorium for another 6 months, until October 19, 2016.
* April 7, 2016: the firm wanting to build an asphalt plant went to court demanding that the Ashe County Planning Director (Adam Stumb) make a determination concerning the approval of their permit.
* April 20, 2016: Mr. Stumb denied the approval of this permit.
* May 16, 2016: the firm wanting the asphalt plant appealed this denial of a permit to the Ashe County Board of Adjustments.
* October 3, 2016: the County Commissioners completely repealed the Polluting Industry Development Ordinance and enacted a High Impact Land Use Ordinance (HILUO) to protect Ashe County citizens from high impact land uses.
* October 6, 2016: the Board of Adjustment held a meeting to gather information for the appeal.
* December 1, 2016: the Board of Adjustments negated Mr. Stumb's denial, thus allowing the asphalt plant to obtain its approval.
* December 30, 2016: the Ashe County Commissioners appealed this ruling in Ashe County Superior Court.
To see more details of the events leading to where we are now, click here ( * ).
* October 19, 2015: the Ashe County Commissioners enacted a moratorium that temporarily stopped the County from approving any PIDO permits until April 19, 2016, with there being a possibility of a 6-month extension.
* February 29, 2016: the State of N.C. air permit was received by the Ashe County Planning Director.
* April 4, 2016: the Ashe County Commissioners extended the Moratorium for another 6 months, until October 19, 2016.
* April 7, 2016: the firm wanting to build an asphalt plant went to court demanding that the Ashe County Planning Director (Adam Stumb) make a determination concerning the approval of their permit.
* April 20, 2016: Mr. Stumb denied the approval of this permit.
* May 16, 2016: the firm wanting the asphalt plant appealed this denial of a permit to the Ashe County Board of Adjustments.
* October 3, 2016: the County Commissioners completely repealed the Polluting Industry Development Ordinance and enacted a High Impact Land Use Ordinance (HILUO) to protect Ashe County citizens from high impact land uses.
* October 6, 2016: the Board of Adjustment held a meeting to gather information for the appeal.
* December 1, 2016: the Board of Adjustments negated Mr. Stumb's denial, thus allowing the asphalt plant to obtain its approval.
* December 30, 2016: the Ashe County Commissioners appealed this ruling in Ashe County Superior Court.
To see more details of the events leading to where we are now, click here ( * ).