Local developer JW McCurdy wants to build a hot mix asphalt plant eight miles south of Oxford and three miles east of Taylor, Miss. He is facing one big hurdle — the proposed site for the facility must be rezoned from A-1 Rural to I-2 Heavy Industrial to move forward with construction. The owners of Falkner Farms across the highway believe they will face significant losses if the rezoning is approved.
The potential property rezoning for the plant, Magnolia Materials, has stirred widespread disagreement over land use among Lafayette County residents. Individuals opposing the rezoning have taken to hanging posters, distributing stickers and organizing community meetings to encourage opposition efforts.
On Sept. 22, the Lafayette County Planning Commission voted 3-1 to recommend that the land be rezoned. A standing-room-only turnout gathered for two hours of public comment largely in opposition of the rezoning. The vote will go before the Lafayette County Board of Supervisors on Monday, Oct. 20.
Following the planning commission meeting, the “Save Taylor” website and Instagram page were launched to advocate against the rezoning. The Instagram account surpassed 300 followers in just a few weeks of activity. The posts spread awareness about meetings, actions that interested individuals should take and arguments in opposition to the rezoning, requesting donations to support community outreach and legal counsel.
McCurdy, owner of MR Construction, began discussions of building an asphalt plant in June. In July, he toured a similar facility in Columbia, Mo., and submitted an application to the Lafayette County Planning Department to rezone a 40-acre plot of land he owns on Mississippi Highway 328 for the facility.
The plant will be majority-owned by McCurdy in conjunction with local, unnamed silent partners.
Many of the opponents of the rezoning plan have rallied around Falkner Farms. The family-owned business supplies pasture-raised eggs and grass-fed beef. Informed by agricultural experts, the owners worry about a drop in egg production and potential pasture, feed and water contamination from particulate matter discharged by the plant that could compromise the health benefits of their products, risking the sustainability of their business.
Public meetings draw crowds of skeptics
Lafayette County Director of Development Services Joel Hollowell shared his evaluation of McCurdy’s application at the planning commission meeting, recommending that the property be rezoned.
If the rezoning is approved by the board of supervisors, McCurdy will proceed with submitting a site plan that must also be approved by the planning commission and board of supervisors. He must obtain a Large Construction Notice of Intent from the Mississippi Department of Environmental Quality (MDEQ) before he can begin construction on the facility.
If the rezoning is denied, McCurdy said he does not foresee his team appealing the decision and will dismiss plans for construction.
Hollowell reviews applications alongside the Planning Commission Review Committee in advance of public hearings. The committee consists of Hollowell, engineers, county consulting engineers, the planning commission chairman and county department heads.
“There’s been some criticism over how quickly (the planning commission) voted. I take a little pride in it — (the planning department) had them prepared … with all of the documentation, all of the evidence from both sides. … So, that’s all pushed out to the planning commission members well in advance,” Hollowell said in an interview with The Daily Mississippian.
He explained that McCurdy must request that the Highway 328 property be rezoned because the county zoning ordinance prohibits I-2 Heavy Industrial uses in A-1 Rural Districts.
“In the A-2 District, … there are no prohibitions, so everything is permitted by conditional use. So if this were an A-2 District instead of an A-1 District, there wouldn’t be this concern over rezoning. (McCurdy) would just be here simply asking for a conditional use permit,” Hollowell said.
The board of supervisors has authority over road maintenance and construction, levying taxes, appropriating budget funds and overseeing the planning department. The planning commission makes recommendations to the board of supervisors, adhering to the county’s comprehensive plan and zoning ordinance.
Hollowell provides his recommendations on rezoning matters to the planning commission and informs the board of supervisors about upcoming planning issues.
Zoning provides predictability for property owners, regulating what can be built in certain areas. Perceived as an unpredictable proposal by many in opposition to the rezoning, the stark transition to rezone rural land to heavy industrial drew intense backlash.
Ley Falkner, owner of Falkner Farms, spoke at the planning commission meeting on how the asphalt plant could have adverse effects on his farm. He said that preserving grass health is vital to his feeding methods for cattle.
“Water contamination is at high risk. Heavy metals and particulate contamination can easily enter the waterways. I recommend that a facility such as this be located outside active farming areas,” Falkner said.
He urged the planning commission to vote against the rezoning and said the opening of an asphalt plant may put Falkner Farms out of business within a year.
To rezone land, the county zoning ordinance requires that there be a mistake in the original zoning or a change in the character of the neighborhood to such an extent as to justify reclassification and that there is a public need for the rezoning.
On behalf of McCurdy, John Granberry, owner of engineering firm Granberry and Associates, argued before the planning commission that once-agricultural surrounding properties are now being developed or operated as commercial or light industrial businesses, signifying a change in the character of the neighborhood that warrants rezoning. Nearby infrastructure projects, he said, also indicate changes in the character of the neighborhood.
After the planning commission meeting, more than 150 Lafayette County residents gathered for a District 5 Town Hall meeting on Oct. 2 to voice their concerns over land development plans in the surrounding area, including the proposed asphalt plant. The event was held at the Paris Baptist Church Fellowship Hall in Paris, Miss., and was moderated by District 5 Supervisor Greg Bynum.
At the town hall meeting, McCurdy took to the podium to answer attendees’ questions about the proposed plant. He also distributed handouts created by a team assembled for the Magnolia Materials project with answers to frequently asked questions.
The flyer stated that the asphalt plant would not pose environmental or community safety hazards, highlighting the modern filtering and emissions prevention technologies the facility will have. It also detailed how Lafayette County would benefit from the plant, indicating it would produce approximately $37,000 in county tax revenue annually.
“Magnolia Materials will create over a $1 million payroll of new, well-paying jobs with salaries ranging from mid-$20s hourly to $150,000 (per) year,” the flyer said. “It will represent an investment of over $10 million into Lafayette County.”
McCurdy faced vocal criticism from attendees, many of whom reside outside District 5. They shared their grievances with Bynum and asked questions about plans for Magnolia Materials. Their concerns ranged from the proposed asphalt plant’s impact on the Yocona River and traffic congestion on adjacent roads to possible health effects of the plant’s operation.
The developer insisted on building understanding among the public regarding his plans for the asphalt plant.
“I’ve been told that I’m rich, and I’ve been accused of being in the supervisors’ pockets and a whole list of other things online,” McCurdy said. “ … So there’s a lot of facts, a lot of things being said that just aren’t true. And we try to try to educate people every chance we get, because it is scary … if you’re unsure or don’t know what we’re talking about.”
Bynum declined The Daily Mississippian’s request for an interview ahead of the upcoming board of supervisors meeting, indicating he preferred to engage more publicly.
“I prefer to engage and discuss in an open forum, which I have done, especially given the charged nature of this particular issue,” Bynum said via email. “As I stated at the town hall, I’ll be making a final decision on this matter based on the evidence produced during the public hearing on Oct. 20.”
The four other district supervisors — Brent Larson, John Morgan, Tim Gordon and Scott Allen — did not respond to The Daily Mississippian’s requests for comment.
Taylor residents express concern
David Moore, also in attendance at the town hall meeting, owns Offbeat in General grocery store in Taylor. He lives and works approximately three miles from the proposed plant site.
In an interview following the town hall meeting, Moore discussed his concerns for traffic congestion on state highways 328 and 7. Magnolia Materials, if constructed, would be located half a mile west of Highway 7.
“You start putting dump trucks that have less than ideal zero-to-60 (mph) acceleration and merging capabilities — it’s going to slow them down as people try to squeeze out onto that busy road. There will probably be a few more accidents,” Moore said via phone call.
Moore also spoke about the commercial and residential growth of Taylor in recent years. He hopes the board of supervisors will make a decision that mitigates road congestion from Taylor’s growth and the potential introduction of asphalt trucks.
“If they industrialize (Highway) 328 without mitigating that traffic and industrial feel, then (Taylor) will lose a ton of that flavor going forward. And the locals will lose that ‘Mayberry feeling’ they are so attached to,” Moore said.
McCurdy referenced the state’s upcoming $138 million investment to widen and improve Mississippi Highway 7 in an interview with The Daily Mississippian.
“The biggest benefit is that we’re on a state highway. So the road up here is owned by the state of Mississippi and maintained by the state of Mississippi, so the county has no obligation to repair potholes, repave, fix bad spots or replace pipes in the road,” McCurdy said. “Our proximity to what will be the new four-lane highway is another added benefit, which is another state-owned road. So these loads of trucks don’t have to drive on our county roads that we all have to pave and fix to get where they’re going.”
Cindy Conrad attended the town hall meeting, as well. She lives 1.5 miles from the site of the proposed plant and suffers from lung diseases that impact her breathing.
Conrad worries that emissions from the asphalt plant could impact her quality of life long term, given that the health effects of exposure to hot mix asphalt emissions are inconclusive.
“The nanoparticles are going to float around the area, and who knows how far they really go. There’s also a smell with asphalt, and one of my greatest joys in life is sitting on my porch. … There are people that have lung problems that won’t be able to sit on their porch anymore,” Conrad said via phone call.
The Occupational Safety and Health Administration website indicates that exposure to asphalt fumes among workers causes side effects including headache, skin rash, sensitization, fatigue, reduced appetite, throat and eye irritation, cough and skin cancer. There are no studies that definitively prove asphalt fume exposure causes negative health effects among non-asphalt workers.
There is already one asphalt plant located two miles from the Oxford Courthouse Square. Lehman-Roberts has been operating off North Lamar Boulevard for 32 years. There are 597 homes within one mile of that plant. There are fewer than 100 homes within a mile of the proposed Magnolia Materials site.
A presentation on Magnolia Materials shared with The Daily Mississippian states that an open records request was submitted to the county, the City of Oxford and the MDEQ seeking any complaints ever submitted regarding the Lehman-Roberts plant. The presentation said that each entity produced no complaints.
McCurdy said he does not believe that the town of Taylor will be affected in any way by the asphalt plant.
Benefits of the proposed asphalt plant
While many Lafayette County residents have raised concerns about the potential effects of the asphalt plant on businesses and on public and environmental health, McCurdy stressed the various benefits that Magnolia Materials would provide the community.
Lafayette County and private contractors building and paving roads would be the largest purchasers of asphalt. McCurdy said the addition of a locally owned asphalt plant would reduce project costs and allow for faster project completion.
“Right now, the (Lehman-Roberts) plant that we have is owned by … a publicly traded company in California, so all of our local dollars are going to a company in California,” McCurdy said.
The town hall flyer highlighted that Lafayette County currently pays $112 per ton for asphalt, 25% more than the state average of $89.60 per ton, according to Mississippi Department of Transportation hot and cold asphalt pricing. Comparatively, Hinds County pays $76 per ton for asphalt, Harrison County pays $93 per ton and Lincoln County pays $82.50 per ton.
McCurdy also emphasized the growing need for asphalt in the community, given Oxford’s boom in development and population size. Roughly 60,000 people currently reside in Lafayette County; 90,000 residents are projected to live in the county by 2030.
“You know the rate at which Oxford and Lafayette County are growing, and we have three concrete plants and one asphalt plant, and the three-day wait to get concrete, and concrete lasts forever, and asphalt lasts about 15 years,” McCurdy said.
Magnolia Materials would also become a positive contributor to the county’s economy and a tax revenue source for the county and local school systems.
With regard to the environmental effects of the plant, McCurdy noted that the U.S. Environmental Protection Agency delisted hot mix asphalt plants as major sources of air pollution in 2002. He said that asphalt plants have reached over a 90% containment factor after 23 years of advancements in containment technologies.
“This plant will have entire buildings that are nothing but filters (baghouses), and the final emission will be water vapor. In fact, the total annual emissions created by the two residential fireplaces over an average year of usage,” the town hall flyer said. “An industry like this doesn’t go through eight years of Barack Obama and four years of Joe Biden without coming out on the other end as one of the most highly regulated industries in the nation.”
Up to 35% of hot mix asphalt can be reclaimed asphalt, McCurdy said, calling it one of the most recycled products in the construction business.
“By rule of thumb, asphalt is made up of 30% reclaimed asphalt, 65% sand and gravel and 5% liquid asphalt. There’s no water in asphalt. So, what you see coming out of the top of the burner is actually the vapor of the burner cooking all of the moisture out. So the only contaminant, so to say, would be the liquid asphalt, and it’s stored in an elevated double line tank. The bottom of the tank would be an additional two feet off (the ground,)” McCurdy said.
The proposed site sits in a floodplain of the Yocona River bordering the property. At the town hall meeting, McCurdy said he plans to construct the facility 4.5 feet above the ground so that it would no longer sit in the floodplain, addressing concerns about potential water pollution from floods.
Two neighboring families wrote letters of support for the rezoning — Rickey and Melissa Harwell and Andy and Charlie Fortner.
McCurdy declined to answer how he and his team are preparing for the board of supervisors meeting on Oct. 20.
Falkners look to the future
Falkner Farms supplies organic beef and eggs to local grocery stores and restaurants, including Chicory Market and Tarasque and Kingswood restaurants in Oxford and Taylor’s Offbeat in General store and GRIT Restaurant.
“It started as our small hobby farm. We could see what we could do with some chickens and stuff like that, but that was 2013, and it has taken off since then. (The COVID-19 pandemic) really helped us as far as breaking the food chain. It allowed us to be able to provide local food when (people) couldn’t get it,” Reed Falkner said.
Today, the farm is home to more than 1,000 chickens and more than 50 cows.
Five years ago, Reed Falkner left his full-time teaching position to take over farming operations. Raising his daughters on the farm is his favorite part of the job, he said.
“My wife and I sat down and picked this. It was kind of chosen for us. There was one pro, and that is to follow your dream. That was our whole purpose — to raise our girls on this farm,” Reed Falkner said. “We have four girls, raise them here, bring them up in this lifestyle, teach them how we think. … It’s just family-oriented.”
Reed Falkner first heard about the proposed rezoning hearing on Sept. 5 when he pulled out of his driveway and saw a “Notice of Zoning Hearing” yard sign in front of McCurdy’s property.
The Falkners have consulted numerous experts in agriculture, including Understanding Ag, LLC partners Allen Williams, a former faculty member at Louisiana Tech University and Mississippi State University, and Gabe Brown, a pioneer of the regenerative soil health movement.
Ken Macklin, professor and head of the Mississippi State University Department of Poultry Science, addressed a letter to Ley Falkner dated Sept. 15 expressing concerns about the potential impacts of the proposed asphalt plant on Falkner Farms. Specifically, he called attention to noise and air quality.
“While some of the specific effects of emissions from the plant are uncertain, there are several well-established risks that deserve serious consideration,” Macklin said in his letter. “ … Poultry are highly sensitive to sudden or continuous loud sounds, and research has shown that elevated noise levels can directly reduce egg production. It would not be surprising to see a decrease in egg yield of 10-15% once the plant is in operation.”
Regarding air quality, Macklin said that dust and particles from petroleum byproducts could settle onto pastures, feed and water sources.
“The potential for contamination raises legitimate concerns about the animal’s well-being, as well as the long-term quality of your pastureland,” Macklin said. “Selecting a more suitable location would allow the plant to serve its purpose without jeopardizing local farms, food safety and rural livelihoods.”
Because many customers purchase Falkner Farms products for health benefits, Reed Falkner said he aims to provide the cleanest products possible. He worries that contamination from particulate matter landing on blades of grass and being absorbed by the soil may compromise this goal.
While McCurdy plans to build the asphalt plant 4.5 feet off the ground to escape the Yocona River floodplain, Reed Falkner worries that flooding into pastures could be exacerbated by the plant’s location and design.
The Magnolia Materials presentation claims that the plant’s design will include stormwater retention and detention features to properly manage drainage. Adherence to state and local standards will be enforced by the county planner, MDEQ and the county engineer.
“This plant, like any new construction, will be required to be elevated out of the flood plain, and claims that the plant will be sitting in the flood plain and just flood out with the adjacent cropland during rains are really not worthy of response,” the Magnolia Materials presentation said.
No evaluation of the Magnolia Materials site plan by any government agency or official has occurred. McCurdy said that the site’s planning is grounded in MDEQ and U.S. Army Corps of Engineers (USACE) regulations and Best Management Practices.
Reed Falkner trusts the MDEQ and the USACE to carefully assess whether his concerns for shifted watershed placement are valid and whether flood conditions will be worsened by the plant’s location.
“We have nothing against (McCurdy) and (McCurdy) doing asphalt. … Our problem with this scenario is just the location, with (there) being a river, with (the plant) being right across from us — an established farm,” Reed Falkner said. “If they want asphalt, we’re for that. They want competition for the city. We just think the placement, the location, is the wrong one. That’s kind of what our fight is.”
Reed Falkner and his wife Elizabeth are months away from finishing construction on their dream home. The farmhouse sits on a hill overlooking a cow pasture. News that an asphalt plant could be built across the road dampened their vision for their new home.
Diminished property value for the homes in close proximity to the industrial facility could become a result, he said. Distance from industrial sites typically has a statistically significant negative effect on residential property value.
If the board of supervisors approves the rezoning, the Falkners could appeal the decision to the Lafayette County Circuit Court. Reed Falkner said he is unsure whether adequate funds will be available to pursue litigation.
“The main thing is the precedent that would be set. You know, we’re saying that you can come in here and take away local farms that provide local food for your own community, to put in … heavy industrial (operations). … Yes, we would have our own problems, but the bigger message here is nobody, no farm is safe.”
