It was a night full of debate at last week’s county commission meeting. Lasting more than two hours, the board discussed several ongoing issues that drew a varied crowd of supporters and speakers from the audience. Possibly the biggest and most controversial subject of the meeting involved the ongoing construction of Appalachian Material’s asphalt plant adjacent to the Trade Volunteer Fire Department just off Highway 421.

With County Attorney Bill Cockett choosing to recuse himself because of a conflict of interest, the commission moved to hire an attorney last month to look into what legal options the county has in dealing with the proposed plant. There has been a strong community outcry against the development, with numerous concerns ranging from problems with pollution to the proximity of the site to the fire department. Eventually Johnson County Mayor Larry Potter was put in touch with environmental attorney Gary Davis, who conducted research on the issue and presented his recommendations to the planning commission at their meeting earlier in the month. 

Looking at the county’s private acts through the state, Davis identified a specific law, known as Chapter 29, which passed in 1997 that gives the planning commission authority to regulate excavation sites with grading in excess of two acres. These regulations include requirements for site plans, setbacks, storm water controls, and the establishment of buffer zones, among other things. Somewhat vague in its descriptions, the act calls for “appropriate measures” in most cases, and largely leaves the definitions of the requirements up to the planning commission.  More...