North Carolina Court Blocks Appalachian Rock Quarry

RALEIGH, North Carolina,, May 6, 2004 (ENS) - The North Carolina Court of Appeals has upheld the revocation of a permit for a rock quarry near the Appalachian National Scenic Trail, which runs through North Carolina and 13 other states.

Environmentalists hailed the decision, which voids a permit issued by the state five years ago.

"This common sense decision upholds the purpose of the Mining Act and protects one of the most beautiful places in the entire southern mountains," said Don Barger, Southeast regional director of the National Parks Conservation Association. The group, along with the Appalachian Trail Conference, the Southern Environmental Law Center, and a local citizens' organization, joined the state in the appeal.

"The state took the right action and should be commended," Barger said.

When North Carolina issued the permit, the Department of Environment and Natural Resources (DENR) was unaware of the prospective site's proximity to the Appalachian Trail.

The quarry, which would eliminate a portion of a mountainside facing the Appalachian Trail, would have been visible from a two mile section of the trail, and machinery would have been audible to hikers as well.

A central issue before the court was whether the state had the authority to revoke a permit that it had already granted.

The Court of Appeals found that it does, noting that a "contrary decision renders the protections of the Mining Act meaningless and contravenes the stated purposes of the legislation."

The court ruled that it is "inconceivable that the General Assembly would authorize [the DENR] to deny a permit for a harm that was predicted, but provide no remedy where the harm was actually found to occur."

The decision has saved the site and put in place "important protections for similar proposals in the future," Barger said.

"Thanks to the actions of the state, local conservation groups, and concerned citizens, this national park site will remain an incredible landscape, an inspiration to park visitors now and in the future," he said.