What's to become of Shewbird?
Public hearing held on Monday. State DENR to decide in 30 days.
By Frank Bradley Staff Writer

James Evans said he supports the permitting.

They came up to these mountains from Raleigh, where for many city folks, mountains are only a memory.

They came for a public hearing to decide on whether or not to permit the Harrison Construction Company to expand its crush-gravel mining operation which could chop off as much as 120 feet from the summit of Shewbird Mountain.

They were state officials from the North Carolina's Department of Environment and Natural Resources. A panel including Dr. Kenneth B. Taylor, Chief of NC Geological Survey, along with Floyd Williams and Kristin Hicklin, both mining specialists for the state.

Also at the hearing were more than a hundred residents of Clay County and some from Towns County, Georgia, a close Shewbird Mountain neighbor.

Twenty folks made brief oral statements for the record, mostly opposing the mining expansion; however, two spoke in favor of it along with the Harrison company president and an environmental specialist from an Asheville engineering company that has developed the expansion plans.

Taylor said at the start of the hearing that issues of property values, increased truck traffic, operating hours, noise and any other considerations not specifically covered by the Mining Act of 1971 were not to be addressed at the hearing since they were local issues and were matters to be addressed with local zoning ordinances.

Carl Moore, former Clay County Manager

He pointed out that only seven issues outlined in the Mining Act of 1971 were grounds for denying the company 's expansion permit.

Those issues included such things as whether or not the operation will have unduly adverse effects on potable groundwater supplies, wildlife or fresh water; whether or not the operation will violate standards of air quality, surface water quality or groundwater or that it will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, or other public property excluding matters relating to use of a public road; that the operation will have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area. Or that previous experience with similar operations indicates a substantial possibility that the operation \will result in substantial deposits of sediment in stream beds or lakes, landslides or acid water pollution or that the applicant has not been in substantial compliance with the rules or laws of the State for the protection of the environment.

Tom Stark, speaking at the public hearing, tells abouthe adverse environmental effect on Shewbird Mountain since the start of the crush gravel operation.

James Evans and Larry Sams spoke in favor of granting the permit. Sams said the gravel operation was needed for the area. That it provides lower-costs gravel than that which would have to be brought in from far away. That it is needed for roads, parking lots and other developments. That it is important for jobs, for the local economy. He said those who oppose it are simply opposing it because they don't want it in "their back yards."

To some at the gathering, Sams' take on the issue was about as welcome as being told even though you have a relative dying of cancer, it's not all bad because the disease has helped create jobs for local doctors and nurses.

Dr. Kenneth Taylor (center) conducts a public hearing at the Senior Center in Hayesville, taking comments on why or why not to permit an expansion of Hayesville Quarry.

Kelley Moore speaking as a representative of the Hiawassee River Watershed Coalition, said there has been an excess of turbidity in the waters of Crooked Creek and Brasstown Creek, that there had been significant sediment deposits in the creeks; that she was happy to hear the state had cited the company with a violation requiring it to be corrected.

Moore also spoke to the need for a requirement of monitoring the water quality in the Shewbird area over the long term.

Rufus and Betty Lou Stark, who live on the South face of Shewbird Mountain said the quarry owners had violated a basic requirement of its original application by not listing his dwelling on the application, not informing them as the closest residence and not performing seismographic tests in the appropriate place.

"This expansion will have an adverse effect on potable groundwater supplies and wildlife including plants seldom seen in other locations including gigantic trillium, and animals such as bear, deer, turkeys, fox, ground hogs, opossum, bob cats, rabbits, squirrels, salamanders.

Stark said the expansion will provide a substantial physical hazard to his home. That since its operation, they've had cracks in floors, walls and windows.

Stark's son, who lives in Raleigh but had spent many summers on Shewbird, said the quarry had a sting of violations and had only gotten a slap on the wrists."

Carl Moore, who had been Clay County Manager at the time the quarry was granted a permit to operate in 1989 said while he approved of the quarry's initial operation, he had been assured at the time it would only affect 18 acres at the foot of the mountain. Moore said that since that time, the company had encroached further and further up on the Shewbird.

Mike Gora, who lives east of Shewbird, said it is one of the most visible mountains in the area. "Let's not make it flat or notched," he said.

Sue Brewer, who lives at the foot of the mountain, disputes the company's claim that the operation hasn't adversely affected the drinking water.

(Top) The Rural Felicity G a r l a n d Dancers perform their wreath dance. Below- Sticks in the Mud, M o r r i s Dancers provide a colorful dancing event for the residents of D e S o t a Square.

"I've ben buying drinking water for the past 12 years," she said. Several of our neighbors' wells have gone dry. It cost one of them over $10,000 to drill a new one."

She also said that she lives in a mobile home; that fissures have occurred in her walls and supporting concrete blocks have separated.

Speaking about her concern for clean water she said, "Our mountains are our reservoirs. Think what impact this will have on our water table and streams."

Peggy Long, who lives on Matheson Cove Road, said it used to be that Shewbird Mountain was a beautiful sight in all seasons, but since the mining operation everything had changed. She complained that the blasting from the operation shakes her house.

Eva Nell Mull, who was born in the Matheson Cove in 1938 and whose ancestors go back for 200 years said since the mining operation had begun, the springs at her house had dried up.

Roy Dale Long told the panel that he lived under the "purty" side of Shewbird. We used to have cougars, wildcats, deer,t they've all gone away he said. Even the Bloodroot and Ginseng is practically gone.

"We've enjoyed this mountain for the past 49 years," he said. ""And we'd like to enjoy it for another 49."

Two persons spoke for the applicant. Mike Davis, who said he was president of Harrison Construction Company, told the panel that that Shewbird had been selected for its high quality agate that was easy to get to and that at the time, the area was sparsely populated.He said the expansion was an extension of a master plan of 1988.

"The mining industry is one of the most heavily regulated industries in the U.S. by both the federal government and the state," he said. "Our quarry has undergone seven modifications and our asphalt plant has undergone five modifications.

He said they picked McGill and Associates of Asheville because they had a track record of being good stewards of the environment."

"We wish you will accept the permit as submitted," he concluded.

Written comments concerning the reasons for or against permitting the company to expand its operations will be accepted by

Dr. Kenneth B. Taylor, Chief

NC Geological Survey, NC DENR--Land Resources 1612 Mail Service Center, Raleigh, NC 27699

The deadline for receiving comments is April 12, 2007.

Taylor said there will be a 30 day review period before a decision is made.

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