Clemmons councilman cautions Village has few options to halt proposed asphalt plant
Opposition is growing to a proposed asphalt manufacturing plant in southwest Forsyth County as more residents become aware of the project, according to a social media post by a Clemmons Village councilman.
Yet, councilman Randy Wooden stressed in a lengthy post on Nextdoor.com 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, speaking on his personal opinion of the project.
"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."
A family owned asphalt paving company - Maymead Inc. of Mountain City, Tenn. - has applied for an air-quality permit required before construction can begin on a proposed asphalt plant at 6010 Gun Club Road.
The undeveloped 5.49-acre site within Gun Club Industrial Park is zoned general industrial. The property is within the Clemmons municipal limits even though it has a Winston-Salem street address.
Mary Katherine Law, Maymead's vice president for its 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.
Clemmons Village officials said in a 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."
The legal notice lists Maymead's permit request was submitted to the N.C. Division of Air Quality.
However, the proper regulatory agency is the Forsyth County Office of Environmental Assistance and Protection.
Forsyth environmental officials said that because Maymead's asphalt plants are located in rural parts of North Carolina, Tennessee and Virginia, its officials or a consultant may not have recognized the requirement to file the permit request with the Forsyth office.
Wooten said asphalt manufacturing is a permitted "use by right" in a property zoned as general industrial.
"This means that the property owner is legally entitled to pursue the development if all applicable regulations are met," Wooden said.
"Since no discretionary approval (rezoning) is required, there is no public hearing or public meeting before our 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 Clemmons officials and staff can enforce all applicable local requirements, such as required setbacks, buffering and landscaping, access and transportation requirements, stormwater requirements, and any other applicable provisions of the existing United Development Ordinance.
"N.C. municipalities cannot deny a development that complies with adopted zoning regulations simply because it is unpopular or controversial," Wooden wrote.
"Treating one applicant differently than another exposes Clemmons to legal challenges that we'd easily lose."
Wooden said that "as with any development proposal, Village staff will review the project for compliance with applicable local regulations, while state agencies maintain authority over environmental permitting and operational standards"
"The Village understands the public's interest in this project and is committed to transparency and providing factual information throughout the review process."
Maymead was founded in 1930. It operates 15 asphalt plants, two ready mix concrete plants and a fixed base quarry operation in Mountain City.
According to a Freeman Commercial Real Estate flier, the property proposed for the asphalt plant is a rectangular plot next to Innovia and Sylvester & Cockrum LLC, and near Golding Farms.
According to the legal notice, Maymead's proposed plant would feature stockpiling, asphalt storage, fuel storage and asphalt production.
"Construction will not begin prior to the receipt of an operating air permit," according to the notice. "The proposed construction date for the asphalt plant facility is to be determined at a later date."
Law said the company chose the Clemmons site to better serve the Triad and because of its location near Interstate 40.
Law said the company has not determined the plant's size or the number of employees.
"All possible contaminant sources, estimates of total regulated emissions and all control equipment and air cleaning equipment to be installed are available by making a written request to Maymead Inc., P.O. Box 911, Mountain City, Tenn., 37683.
Maymead's main market is western North Carolina, southwest Virginia and eastern Tennessee.
North Carolina has facilities 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 will measure how much businesses it gains from the Clemmons plant before considering additional Triad plant locations.
"There's tremendous growth going on in the Triad and we're in a point to help meet that demand," Law said. "The market will dictate where we serve."
Besides the Maymead brand, other operating companies are Carl Rose & Sons, Loven, Western Carolina Safety, Blue Ridge Stripping LLC and Boone Concrete Supply.
Other asphalt manufacturing plants in Forsyth include Thompson-Arthur Paving Co. locations at 4401 N. Patterson Ave. in Winston-Salem and 2859 N.C. 66 South in Kernersville, as well as 100 Vulcan Trail in Mocksville.
Wooden told residents that a state law passed in 2024 placed restrictions on municipalities from downzoning, limiting their ability to govern land use in ways tailored to their communities.
Downzoning is a real-estate term that refers to a government's change of zoning regulations to limit the use of a property. The goal of downzoning is to control development and growth.
The state law prevents cities from downzoning properties unless all the affected property owners consent.
"In practice, this new prohibition functionally freezes local land use ordinances in time, allowing only expansions (not reasonable narrowing) of use and density," Wooden wrote. "It changes how towns manage development in practice.
"New uses appear all the time, and the Village is unable to react.
Wooden said the law "disproportionately affects smaller municipalities like Clemmons."
"Over the past few years, we've been working on an updated Unified Development Ordinance document to address the very issues like this asphalt facility and the storage facility," Wooden said. "The state has removed our ability to enact that ordinance."
A bipartisan House Bill 24 was filed in May 2025 that would undo the blanket ban on the authority of local governments to down zone. The bill has yet to be heard in committee.
Sen. Paul Lowe, D-Forsyth, argues the language of the new laws "grants property owners the power to block developments that could benefit municipal growth."
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