Ash County moves to dismiss water-permit appeal and seek court order to issue asphalt-plant permit after Supreme Court ruling

The Ash County Board of Commissioners voted April 20 to withdraw its appeal of a water permit related to a proposed asphalt plant and to instruct county counsel to ask a superior court to order issuance of the plant’s county permit if the other party does not do so.

The action followed a report from the county attorney that, as he described it, the North Carolina Supreme Court had concluded the county was obligated to issue the permit and that coordinating the timing of the water-permit dismissal and the county permit issuance would avoid additional delays.

Why it matters: The proposed plant has drawn sustained opposition from local residents and an organized group that says the facility would harm air and water quality near Glendale Springs. The legal steps taken by the county change how the permitting timeline will proceed and remove one outstanding county appeal related to water permitting.

County attorney presentation and board action The county attorney told the board that the Supreme Court’s decision meant the county would be required to issue the permit and that the recommended approach was to dismiss the county’s pending appeal of the water permit and, if necessary, have counsel seek the superior court’s order to issue the asphalt-plant permit “so they don’t stagger the timeframes” for enforcement and response.

After that presentation the board considered a motion to withdraw and dismiss the county’s appeal of the water permit and to request counsel to move the superior court to issue the asphalt-plant permit if the other party did not do so. The motion was seconded and the board approved the action.

Public comment and community concerns Before the formal action, a public commenter identified as Pat Considine, speaking for an advocacy group called Protect Our Fresh Air, urged the board to continue resisting the plant. “They will pollute our water and our air,” Considine said, and asked the board to “continue to fight to protect our community from pollution that Appalachian Materials will create.” Considine said the group organized in February and planned legal action up to the state supreme court.

What the board did and did not decide The board’s vote instructs county counsel to pursue the procedural steps described by the attorney and withdraws the county’s existing appeal of the associated water permit. The transcript does not record a separate order directing construction or operation of the plant; it records only the legal-step decisions taken by the board on April 20.

Next steps County counsel and the attorneys of record are expected to coordinate filings in superior court and with the other parties to align the timing of permit issuance and related appeals. The transcript indicates county staff (referred to as Adam in meeting discussion) and outside counsel will coordinate the court filings but does not record exact filing dates.

Votes at a glance - Motion to withdraw and dismiss Ash County’s appeal of the water permit and to request counsel to move the superior court to issue the asphalt-plant permit if the other party does not do so — Approved (motion made and seconded; vote recorded as in favor).