Citizens Against the Asphalt Plant (CAAP) file lawsuit for better controls on Tarheel Paving Co. Asphalt Plant in Henderson County, NC

June 13, 2001 - The Citizens Against the Asphalt Plant (CAAP) filed a lawsuit on Wednesday before an administrative law judge seeking to force more controls on Tarheel Paving Co.'s asphalt plant in Henderson County, NC. The group wants the N.C. Division of Air Quality to test air pollution around the plant and require that the owner enclose the facility to control dust and odors.

“CAAP is seeking nothing more than for DAQ to enforce its own rules and require Tarheel Paving to comply with them,” said Lyman “Greg” Gregory, the group’s attorney.

On April 17, NC DAQ issued a permit for the company to build a plant that can produce 200,000 tons of asphalt annually, up to 250 tons per day, at a site off U.S. 25 north next to Grimesdale. The permit was issued despite a Feb. 26 public hearing that drew a record crowd of more than 600 people, with speakers more than 4-to-1 against issuing the permit, according to the Times-News.

Neighbors also want the state to require the plant to control odors they fear will hurt their health and property values, CAAP leader Janet Stewart said.

“This is absolutely necessary to protect our health, secure our investments in our long-established neighborhoods and maintain our quality of life,” she said.

The plant could be operational in 45 to 60 days. It could be several months before a judge hears the appeal.

A judge will hold a hearing, review the evidence and issue an opinion. The N.C. Environmental Management Commission will decide whether to require any changes in the permit or DAQ’s processes. Either side could appeal further to the Superior Court.

sources: CAAP, Times-News:, WHKP 1450 AM:

more info: BREDL Comments on DRAFT air permit for Tar Heel Paving Asphalt Plant, Henderson, NC (March 12, 2001) , flyer: Tar Heel Paving plant in Hendersonville on the Asheville Highway near Balfour School (Dec. 7, 2000) , BREDL Asphalt Plants campaign