Asphalt plant fight leads to lawsuit
A man used an alias and rallied people in Clemmons, North Carolina, against a proposed asphalt plant there, all while working on behalf of a potential competitor, according to a lawsuit filed by Maymead.
Maymead, a family-owned asphalt paving company based in Mountain City, Tennessee, filed the lawsuit in Forsyth County Superior Court on Sept. 21. The lawsuit named Land Use Strategies LLC and Christopher Hopkins as defendants. Land Use Strategies could not be immediately reached for comment on the lawsuit.
Maymead said in the lawsuit that "to protect his client's market position and competitive and pricing advantage, Christopher Hopkins established and used fake names and false identities, created fake Facebook pages and websites."
The goal, according to Maymead, was "an attempt to manipulate the competition for, and pricing of, asphalt in the Forsyth County region ... and to eliminate or minimize competition in the marketplace, thereby unfairly protecting the market advantage of the company that hired defendants."
Maymead's plans surfaced in late May with a legal notice listing that the company had applied for an air-quality permit.
The permit was required before construction could begin on a proposed asphalt plant at 6010 Gun Club Road. The permit application was filed on July 16. The property is within the Clemmons municipal limits even though it has a Winston-Salem street address.
According to a Freeman Commercial Real Estate flyer, the property proposed for the asphalt plant is a rectangular plot next to Innovia and Sylvester & Cockrum, and near Golding Farms. The undeveloped 5.49-acre site within Gun Club Industrial Park is zoned general industrial and allows an asphalt plant.
Maymead Vice President Mary Katherine Law, who oversees the Foothills division, told the Journal in a May 29 interview that once the air quality permit is approved, the company projects beginning production by late spring 2027.
According to the legal notice, Maymead's proposed plant would feature stockpiling, asphalt storage, fuel storage and asphalt production.
Suspicions raised
Several opponents of the Maymead plant told Clemmons Village officials in early June that the lobbying efforts of Hopkins, as well as his online professional and social media presence, appeared suspicious.
They said Hopkins identified himself as Chris Sanderson, a concerned citizen who encouraged them to protest before the Clemmons Village Council, hoping that members would oppose the Maymead project or attempt to halt the sale of the property.
Maymead claims Land Use Strategies and Hopkins were hired by "a yet-disclosed competitor ... to disrupt Maymead's entry into the marketplace and interfere with its acquisition of land for an asphalt plant."
Land Use Strategies, which has offices in California, Colorado and Franklin, Tennessee, says on its website: "We specialize in guiding clients through the essential pre-entitlement stage of real estate development, where political risk, community sentiment and regulatory complexity can determine a project's success or failure. We focus on anticipating challenges from community or political opposition, complex review procedures, or changing local political dynamics, and actively build the public and political support needed to secure entitlements. By preparing clients for hearings, protecting reputations, and mobilizing advocates, we don't just navigate the entitlement landscape; we shape it to keep your project moving forward."
Maymead said in the lawsuit that Hopkins "pretended to be a neighbor of the Clemmons property and gained entry into citizens' homes under false pretenses in order to create opposition where opposition did not exist, to disseminate information known to be false, misleading or inaccurate about asphalt plants and the process by which the air quality permit approval is achieved."
Maymead is requesting compensatory damages of at least $25,000 and that the allegations against the defendants be extended to the company that hired them once it is identified.
People against an asphalt plant
In May, shortly after the Journal reported on the proposed Maymead plant in Clemmons, grassroots opposition began to form.
Residents opposed to the plant have spoken during public comment periods before the Clemmons council and the Forsyth County Board of Commissioners.
Andrea Vail told the council they should heed the opposition and not listen to consultants who are trying to influence them to support the asphalt plant.
"They are instructed to meet with elected officials before meeting neighbors, to anticipate complaints before the public can raise them," Vail said. "That way, they can give officials political cover so they feel safe in approving controversial projects.
"This is the wrong project in the wrong location. We are the wrong community to underestimate."
J.C. Church told the council he is not opposed to asphalt plants in general, but said the proposed site "is a threat to our community by affecting a residential area."
Betty Norman questioned Maymead's safety record at its N.C. plants, citing examples of fires, major leaks and failures to meet dust and emissions standards.
"There will be loss of business due to the foul stench coming from this plant," Norman warned. "Mayor (Mike) Rogers and Council, this toxic mess will be your legacy."
Permitting details
The air quality permit request was filed with the Forsyth Office of Environmental Assistance and Protection.
Minor Barnette, the office's director, said in June that the permit had cleared one technical stage, but the next steps could take several months to complete. That includes 30 days for public comments.
Since the air quality permit request drew public attention, Barnette said the office has received "emails from 48 people expressing opposition to the proposed Maymead asphalt facility."
Barnette added, "There's a lot of misunderstanding, getting emotional and subjective comments and requests that are outside the authority of my agency."
"We have to politely explain to people we don't have any authority to address the types of vehicles and number of motor vehicles on public roadways, or potentially contaminated service water," Barnette said.
He added, "If we refuse to issue a permit when they are otherwise qualified to receive one, it would be legally indefensible and would not hold up to a legal challenge. That's something that a lot of people are having a hard time understanding or accepting."
Barnette's explanation echoes that of Clemmons councilman Randy Wooden, who stressed in a lengthy post on Nextdoor.com that there's little Clemmons officials can do to halt the development.
"This is not an update most of you will want to hear, and not an update I am happy to deliver," Wooden wrote. "Clemmons residents have voiced many concerns about an asphalt company coming to 6010 Gun Club Road. This is not a done deal, but not because of anything my colleagues and I could vote on as Clemmons Council members."
Clemmons Village officials said in a June statement that Wooden's post was not the position of the village council or staff.
"The Village is aware of the proposed asphalt plant on property zoned general industrial," according to the statement. "Under the Village's Unified Development Ordinance, this use is permitted by right and does not require a rezoning or discretionary approval by the Village Council."
Wooden said that means there will be no public hearing or public meeting before the Village Council.
"Organizing a petition, writing letters, voicing opposition at Council meetings — none of that affects the outcome since no votes will be taken for or against," Wooden said.
"Treating one applicant differently than another exposes Clemmons to legal challenges that we'd easily lose."
Maymead background
Maymead operates 15 asphalt plants, two ready-mix concrete plants, and a fixed-base quarry operation in Mountain City.
Maymead's main market is western North Carolina, southwest Virginia and eastern Tennessee.
In North Carolina, the company operates in Boone, Burnsville, Deep Gap, Denver, Elkin, Hickory, Jefferson, Lenoir (2), Marion, Morganton, Mount Airy, North Wilkesboro (2), Pineola and Statesville. It also operates an office in Statesville.
Law said the company chose the Clemmons site to better serve the Triad. Another plus was the location near Interstate 40. Law said the company has not determined the plant's size or the number of employees.
Law said the company will measure how much business it gains from the Clemmons plant before considering additional Triad plant locations.
"There's tremendous growth going on in the Triad, and we're at a point to help meet that demand," Law said. "The market will dictate where we serve."
