5704_ROSCANS_1989

LAW OFFICES
ADAMS, GARDNER, ELLIS, INGLESBY & FALLIGANT
A PROFESSIONAL CORPORATION
J. WILEY ELLIS
SAM P. INGLESBY, JR.
J. DANIEL FALLIGANT
M. LANE MORRISON
KATHLEEN HORNE
DOROTHY W. COURINGTON II
JAMES R. GARDNER'
BRENT J. SAVAGE
THOMAS A. NASH, JR.
RONALD C. BERRY
GEORGE L. LEWIS
ASHLEY M. HODGES
CHRISTOPHER E. KLEIN
DOLLY CHISHOLM
ROBERT BARTLEY TURNER
*ALSO ADMITTED IN SOUTH CAROLINA
Mr. Jim Patterson
Route 1, Box 179
Hayesville, NC 28904
Dear Mr. Patterson:
15 DRAYTON STREET
P. 0. BOX 2364
SAVANNAH, GEORGIA 31498-2364
TELEPHONE [phone]
TELECOPIER [phone]
21 July, 1989
A. PRATT ADAMS, JR.
(1914-1981)
THOMAS H. ADAMS
(1917-1986)
OF COUNSEL:
JAY O. GARDNER
NEIL A. CREASY
1 enjoyed speaking with you recently regarding the
agreement between Macon County, North Carolina and the National
Forest Service to exchange land in order to implement the
planned solid waste landfill site in Highlands, North
Carolina. As we discussed, I represent a group of families who
live in the area surrounding the proposed landfill. The forest
service has refused to lease additional land to Highlands for
the proposed landfill because the proposed landfill does not
meet current environmental regulations and it will pollute the
underground water supply of nearby residents. The County now
proposes to circumvent these laws by acquiring land from Duke
Power and swapping it with the forest service for the existing
landfill site plus an additional seventy acres. We question
whether a tactic like this is compatible with national and
state land exchange and environmental policy.
43 USC §1716, regarding exchanges of National Forest
Service lands for state or municipal lands, requires that the
Secretary of Agriculture give full consideration to whether the
objectives of the National Forest Service are best served by
the proposed exchange. 36 CFR §254.3 requires that the forest
service give full consideration to whether the exchange will
result in a decrease in public values or the inability to meet
National Forest Service management objectives.

We submit that the needs of the county for a larger
landfill do not outweigh the benefits of retaining the forest
service lands. A new, full service landfill is currently being
developed in Franklin, North Carolina, merely fourteen miles
away. Not only will the proposed landfill in Highlands be
duplicative of the Franklin landfill, but it will have a
limited life span, will also significantly increase the ground
water and surface water contamination of the area, it will add
substantial truck exhaust emissions and other air pollution,
and will negatively impact the remaining forest service lands
and the full time residents living nearby.
We oppose this senseless proposal and ask that you forward
on any information you may obtain regarding the status of this
matter, new regulations which will effect it, or any other
thoughts you may have on the proposal.
Thank you for
free to contact me
comments.
CEK:cj
141 Sk
your assistance in this matter. Please feel
at any time if you have any questions or
Sincer ly yours,
A114i11"1
Christopher E. Klein
ADAMS, GARDNER, ELLIS, INGLESBY
& FALLIGANT, P.C.

United States
epartrnent of
t riculture
Forest Iii-hlcnd- HiLhti.ay 64 Ea�:,t
Service Ranger Route 2 Box 3811)
District Highlands, NC 28741
Reply to: 5430
Date: April 24, 1939
Mr. Jack I':orton, County Hanager
t:acon County Courthouse
5 (lest Main Street
Franklin, NC 28734
Dear Jack,
As we discussed this morning, ; would like to take this opportunity to follow
up to our meeting of Monday April 17th in Asheville. As things stand right
now, we will need to have the appraisal tied down and the acreage determined
before we can proceed with an official legal notice. I did talk with Skip
Taylor last week with the Highlander and he is going to write an article to
explain where the exchange proposal stands at this point, and to begin the
public involvement process and obtain input for the development of an
enviroruiental assessment. As discussed during our meeting last week, I would
also suggest that representatives of the County and Forest Service meet with
the local residents who live adjacent to the landfill, at some point in the
near future. This will provide the county with the opportunity to explain your
proposal and planned mitigation measures.
We would request that the county marl: the area that you would like to actively
start developing and utilizing. During previous discussions, you have
indicated that the county will need approximately 2-3 acres for garbage
disposal and an additional acre or less for monitoring wells and road location.
In addition, we will also need to have the overall boundary marked/flag ed so
that we can do our timber inventory and appraisal prior to the county puttint
up the bond. Most of the area follows the roads but the section on the back
side near Little Creek will need to be remarked. At the same time Rodney
Snedaker has indicated that he will. be ,narking the three archaeological sites
with blue/white stripped ribbon.
Jack, one other suggestion would be that an initial on site meeting; with Jim
Patterson, the county surveyor or person who is going to do the layout of roads
and well sites, and Forest Service representative be arranged. Such a meeting
would be helpful as we move forward at this critical next step and would be
designed to be a working meeting to begin identification of area to be used,
general road and monitoring well location. Jack if such a meetinf, fits into the
counties' strategy and is agreeable please let me know.
S Fs-E200.287.82
l 1

4
page 2
Jack, we appreciate your attention to these matters and are confident that
everyone involved will continue to work towards a po3itive resolution to this
very complex problem. If there are any questions or need for clarification,
please don't hesitate to let me know. We look forward to hearinL from you in
the near future.
Sincerely,
LAURIE L. SHORTESS
District Ranger
cc: J.
Sutton
N.
Bryson
J.
Cleveland
J.
Patterson WDEV )
D .
Dahl
R.
Bauman
K .
Alford
B.
Wilson
D.
Hammond/ R. Snedaker
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