The only governmental impediment to a controversial asphalt plant planned just outside Athens city limits was removed last week when the Alabama Department of Environmental Management issued an air permit to Grayson Carter & Son Contracting Inc.

The plant is to be located on 7 acres at 18736 Moyers Road between Lucas Ferry Road and Hine Street. The land previously was in city limits — meaning it would have been subject to the zoning code — but in December 2020 the City Council agreed to de-annex the land so the owner could excavate it.

Councilman Harold Wales said at a council meeting on Monday night the council would not have agreed to de-annex the property if it had realized the owner would build an asphalt plant there.

“When we did so, I understood — and so did others on the council — that when the dirt activities were concluded, that the property would be put to residential uses,” Wales said. “Clearly that’s not happening, and I feel misled by it. I think many of us feel that way.”

According to a Jan. 17 letter to ADEM from Halston Carter, president of Grayson Carter & Son, his company had been excavating the land for two years before being notified by the city that its use of the land violated a city ordinance. The company responded by proposing de-annexation of the land on Nov. 24, 2020, and the council approved the de-annexation Dec. 14, 2020.

ADEM issued the air permit Friday. On Thursday, the agency responded to public comments it had received opposing issuance of a permit for the plant. The comments covered a dozen different topics, but the agency said none justified changes to the draft air permit.

The agency said that while it “acknowledges concerns of the residents of Limestone County” for issues such as “property value, aesthetics, noise (and) traffic,” it has no statutory authority to deny or revise an air permit on these grounds.

Among the concerns included in comments was the proximity of the plant to residences, schools and churches, and that the plant would reduce property values and prevent future residential development.

The agency said local governments, not ADEM, are responsible for zoning decisions.

“The socio-economic issues … are certainly legitimate concerns for the public,” ADEM said. “These types of issues can only be addressed through site-specific zoning and are not within our statutory authority.”

Several of the comments complained that the hot mix asphalt plant will emit unpleasant odors near residential areas. ADEM responded that the permit requires air pollution control devices to minimize the emission of air contaminants.

“However, even with the operation of the required air pollution control devices … odors may occur from this type of operation,” ADEM said.

In a response to concerns about health hazards from air emissions, ADEM said “emissions generated at this type of facility are not expected to be of the type and quantity that would cause the area to fail to meet any health-based air quality standards.”

ADEM also noted that pursuant to the permit, Grayson Carter & Son must use a baghouse — a filtration system — and the particulates collected in the device will be used in the asphalt mix, limiting emissions.

ADEM also said there was no legal justification “for limits to the number of hours the facility is allowed to operate.”

The air permit indirectly limits the amount of asphalt the plant can produce by prohibiting it from burning more than 1,875,000 gallons of oil per year.

The Athens City Council on Jan. 27 unanimously approved a resolution, which was sent to ADEM, opposing approval of an air permit for the plant.

“The city council finds that the placement of an asphalt plant at such location would be inappropriate,” the resolution says. “The city council finds that the presence of the asphalt plant at this location would result in odors and emissions that could be detrimental to the public health and welfare, and would constitute a public nuisance.”

The resolution also requested that Grayson Carter & Son abandon or relocate the project. Wales repeated this request at Monday’s meeting.

“The city again calls upon Grayson Carter to locate the plant somewhere else. There are other locations in the area — some inside the city — where one could build and operate an asphalt plant without being a nuisance to residential neighbors,” Wales said.

Halston Carter did not return a call from The Daily on Tuesday.

Limestone County commissioners also voiced opposition to the plant at the Feb. 6 commission meeting, but there is no zoning outside city limits.

___

(c)2023 The Decatur Daily (Decatur, Ala.)

Visit The Decatur Daily (Decatur, Ala.) at www.decaturdaily.com

Distributed by Tribune Content Agency, LLC.