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NBACC and its President, Aaron Pohl-Zaretsky, received a summons yesterday morning (the day of the Public Hearing on the Air Quality Permit) informing us of a libel suit filed by Blue Ridge Concrete, and its owner Mark Turner, against NBACC and Aaron Pohl-Zaretsky personally.

This apparent attempt to discourage public testimony was clearly unsuccessful as 200 showed up at the Public Hearing last night. Many testified eloquently regarding their medical and air quality concerns. as well as the many apparent misrepresentations, omissions and violations of the owner/applicant on this and other concrete plants owned by the same owner.

The suit is included HERE. Out of an abundance of caution, we have removed the two items referenced in the suit from www.NBACC.info while this is being litigated. Anyone who sat through the long testimony last night regarding the many exhibits relating to prior apparent misrepresentations, omissions and violations of the owner/applicant on this and other concrete plants owned by the same owner, may chuckle at the owners sworn statement in the libel suit that "I own several other concrete plants throughout Tennessee, South Carolina and Georgia. I am not aware that any of these other ready-mix plants have had any environmental complaints against them." (!).

We will defend ourselves from this frivolous law suit to the fullest.

If you were unable to attend the meeting last night and/or if you attended but did not have a chance to speak or submit written testimony - it's not too late! The deadline for submitting written testimony is June 2, 2010. Written comments should be mailed to the Western North Carolina Regional Air Quality Agency, 49 Mount Carmel Road, Asheville, NC 28806, or emailed to Ashley Featherstone, at ashley.featherstone@buncombecounty.org

This community has tried for too long to stop this plant to stop now. An apparent attempt to stifle citizen's rights to speak their minds can be seen as an act of desperation on the part of Blue Ridge. This kind of suit is called a SLAPP suit (see - http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

The Air Quality Board will be making a decision in the next 2 - 6 weeks and we shall certainly keep you posted as events unfold.

The only downside to all of this is that we'll need to raise considerable additional funds to help mount a proper legal defense to the libel suit. Please send a new or additional tax deductible donation to NBACC c/o Martha Claxton, 240 Upper Flat Creek Rd, Weaverville NC 28787.

The north Buncombe community includes the area in and around Flat Creek Township. It is a beautiful region of farms, and residential neighborhoods primarily populated by farmers, blue collar workers, retirees, and professionals.

The North Buncombe Association of Concerned Citizens (NBACC) was created on July 20 1988. Its purposes, as outlined in its Articles of Incorporation are:

1) To protect and preserve the environment
2) To protect the ground and surface water
3) To protect the air
4) To ensure compliance by all individuals and entities in the community with
Federal, State, and local laws regarding the environment
5) To preserve natural resources
6) To combat or prevent pollution (air, water, etc.)
7) To conserve soil and water
8) To preserve scenic beauty
9) To combat community deterioration

NBACC organized the victorious fight against an inappropriately sited proposed plant by Vulcan Quarry. The successful court case was the longest in NC history. It has now been forced to oppose the improper siting of the proposed Blue Ridge Concrete Plant in a residential neighborhood at the gateway to our community.