MT Raleigh Report: Some Good News at the General Assembly – Really!

Last week, the North Carolina General Assembly completed most of its work for the 2020 session – and among the flurry of late night meetings and last minute bills that are typical of the end of session, there was some good news for Western North Carolina’s rivers and streams. Legislation approved by both chambers of the General Assembly included two modest but important appropriations: $200,000 to help the Department of Environmental Quality better respond to pollution spills, and $100,000 to MountainTrue to expand our water quality testing efforts focused on E. coli pollution.

Both appropriations occurred because they were on MountainTrue’s legislative agenda, and because we’ve worked closely with our legislators for the past two years to secure them.

The funding for DEQ goes back to a petroleum spill in the Watauga River several years ago that MountainTrue’s Watauga Riverkeeper responded to and worked to resolve for months. At the time, spill response by DEQ was delayed because the source of the pollution could not be determined, and DEQ only provided funding to clean up gas tank spills if their source was known. In the absence of any other funds, DEQ did not have the resources to respond quickly, making a bad situation worse.

MountainTrue met with DEQ senior management on the issue, and then began advocating for a state appropriation to DEQ to clean up spills of undetermined origin. After meetings with WNC legislators Rep. Chuck McGrady, Sen. Chuck Edwards and Sen. Deanna Ballard in 2018 and 2019, the funding was included in the legislature’s final budget. Unfortunately, it was not allocated due to disagreement about the state’s spending plan between the legislature and Governor Cooper.

This year, however, the appropriation was included in separate legislation – again with the crucial support of Rep. McGrady, Sen. Edwards and Sen. Ballard. Governor Cooper is expected to sign this legislation into law.

The same bill also includes $100,000 for MountainTrue to expand our water quality testing in the French Broad, as well as other WNC rivers and streams. Our water sampling has brought widespread attention to water quality issues in the French Broad, and the public health impact of bacterial pollution.

E. coli bacteria makes its way into our rivers and streams from sewer and septic leaks and stormwater runoff — especially runoff from animal agricultural operations with substandard riparian buffers. E. coli can indicate the presence of other more harmful microbes, such as Cryptosporidium, Giardia, Shigella, and norovirus. Contact with or consumption of contaminated water can cause gastrointestinal illness and skin, ear, respiratory, eye, neurologic and wound infections. The state’s investment will allow MountainTrue to do more sophisticated analysis and help us pinpoint the sources of E. coli and related pathogens.

We won these victories because you, our members, made it possible for MountainTrue to fight for WNC’s communities and environment in the legislature. We are the only WNC environmental organization with a permanent presence at the legislature – and that’s because of you all!

As for the rest of the summer, lawmakers are expected back sometime before July 11 to take up some unfinished business, including veto overrides, before recessing for the rest of the summer. They are scheduled to return in early September to address additional funding for the COVID-19 pandemic. We’ll keep you posted when there are more updates. Until then, we are grateful to be able to celebrate these victories with you!

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June 2020 E-News All Regions

6/29/20

The Deadline for Forest Plan Comments is Today!

This is the LAST day to make your voice heard about a plan that will determine how Nantahala-Pisgah National Forest is managed for the next 15-20 years. Make your public comment on the Draft Management Plan for the Nantahala-Pisgah National Forest here.

Together we can win better protections for old-growth forests and biodiversity hotspots, more responsible timbering practices and better maintained trails and recreation infrastructure in the National Forest. You can check out MountainTrue’s full expert analysis and plan recommendations here, and can also submit your comments through the Forest Service’s online portal or mail them (postmarked by 6/29/2020) to: Plan Revision Team, National Forests in North Carolina, 160 Zillicoa St, Asheville, NC 28801.

The Great American Outdoors Act Passes The Senate, Reinvests In America’s Public Lands

Clingmans Dome, the highest point in the Great Smoky Mountains National Park. Photo by Kirk Thornton on Unsplash.

In a big victory for our public lands, The Great American Outdoors Act (SB 3422) was passed by the U.S. Senate on June 17 with bipartisan support and a vote of 73 yeas to 25 nays. The bill will permanently fund the Land and Water Conservation Fund (LWCF) at $900 million per year and allocate $9.5 billion over the next five years to address the maintenance backlogs in America’s National Parks, National Forests, and other public lands.

Though the LWCF has been authorized at $900 million per year, Congress has regularly diverted these funds for other purposes. With this bill, Congress will finally put an end to that practice and fulfill the original promise of the LWCF. Read the rest of our blog post on the bill here.

Asheville Design Center Helps Businesses Face Pandemic With Design Solutions

Asheville Design Center volunteers paint traffic barriers for Asheville’s first Shared Streets installation on Eagle and Market Streets, also known as “The Block.”

As more and more Asheville businesses reopen, the COVID-19 pandemic has required them to need more breathing room – literally. To help businesses adapt to indoor capacity limits and social distancing guidelines, the City of Asheville has contracted with MountainTrue’s Asheville Design Center (ADC) to create design solutions that allow businesses to use more public outdoor space.

The heart of the design process is to identify a problem, come up with a solution, design it, prototype it and get feedback,” says Chris Joyell, Director of the Asheville Design Center. “And by creating these concepts in conversation with the broader community, we can make sure they meet the needs of our local businesses and are a sustainable design concept for Asheville’s future.” Read more about this work here.

Check Out The Results From Our Recordbreaking BioBlitz In Madison County

MountainTrue’s Public Lands Biologist Josh Kelly observes a plant alongside Pete Dixon of Madison County Natural Heritage, a digital museum that archives Madison County’s natural history.

Every year, MountainTrue hosts a BioBlitz to document all the species we can find in a given area. This year, we partnered with Madison Natural Heritage, a new program of the Madison County Library, to catalog discoveries in Madison County virtually as part of their digital natural history archive.

It blew us away that a total of 97 observers documented 2,618 organisms and 1,186 unique species, including at least one – a rare fen orchid – that has never been documented in the county! Among these finds were several threatened and rare species (don’t worry, the locations are hidden for those observations). We more than doubled our record species count for past BioBlitzes, had record youth engagement, and couldn’t have done it without our terrific members! Read more about this year’s BioBlitz here.

Beating the Heat at Swimming Holes? Stay Safe With Our Swim Guide Results

MountainTrue’s AmeriCorps Water Quality Administrator, Grace Fuchs, hits the river to take water samples for our Swim Guide monitoring program.

During the summer months when water recreation is in full swing, our Riverkeepers are committed to monitoring bacteria levels in local waterways so people can decide how, when and where to get in the water safely. As we still face restrictions on how and where we can interact due to the COVID-19 pandemic, more and more people are turning to rivers and lakes for a place to unwind, cool down, and socially distance, making this work more important than ever.

We test bacteria levels at public access points each week, so make sure to check out the latest results for your local swimming hole at www.theswimguide.org or by downloading the ultra-portable Swim Guide app. Now get out there and have some fun!

NCDOT Chooses To Improve Existing Highway Through Stecoah Community Instead Of Building New Sections

The Stecoah Gap near Robbinsville, NC. Photo By Don McGowan.

After decades of environmental analysis, public meetings and comment periods on the “Corridor K” project in Graham County, N.C. Department of Transportation officials have decided to improve the existing highways instead of building new road sections. The other five alternative courses of action for the project would have built new sections of highway through existing residential communities, fragmented large sections of National Forest, or both.

The purpose of the Corridor K project is to improve travel between Highway U.S.129 in Robbinsville and the existing four-lane section of N.C. 28 at Stecoah. MountainTrue has worked for years for this outcome in order to limit the impacts of the highway on residential communities and the National Forest. We are thrilled that NCDOT has selected the least damaging path forward!

An Environmental Assessment for the highway improvements is expected this summer. We will advocate for the project to include plans for a wildlife crossing to connect sections of public land across the wider highway corridor. We’ll also let you know when the opportunity to make public comment begins in the fall.

Final Forest Service Decision on Buck Project in Clay County Ignores Public Input, Potential Compromise

Public Lands Field Biologist Josh Kelly coring a 231-years-old tree in the Buck Project area. Watch a video where he talks about the project and counts the rings of the core sample here.

In a decision announced on May 22, the Forest Service committed to charging ahead with plans to log in steep backcountry areas in Buck Creek and the headwaters of the Nantahala River, as well as the headwaters of Shooting Creek draining to Lake Chatuge. The decision would allow timber harvest on nearly 800 acres—the biggest logging project in the Nantahala National Forest in a generation. Hundreds of acres of logging would occur in old, biologically rich and unique ecosystems under-represented in Southern Appalachian forests.

The decision follows a formal objection submitted by the Southern Environmental Law Center (SELC) on behalf of MountainTrue, The Wilderness Society, and other partners. It also comes after SELC offered a compromise that would have ultimately met everyone’s goals: move ahead with the 465 acres of harvest proposed in Alternative D and launch a collaborative effort to find more acres that don’t encroach on sensitive areas. None of the other objectors voiced opposition to this plan, and one even voiced support. The Forest Service ignored this suggestion and the overwhelming public opposition to this plan.

Permit Issued for Cashiers Lake Dredging Project

The NC Division of Water Resources (DWR) issued a 401 Water Quality Certification to Cashiers Canoe Club in April for a lake dredging project that will impact a little over seven acres of wetlands and five acres of open water in Cashiers Lake, part of the headwaters of the Chattooga River. MountainTrue’s initial concerns about the project were largely addressed by DWR and the applicant, including the following: a large reduction in the amount of acres impacted by dredging; separating the dredging and development aspects of the project; and requiring the very low “trout standard” for downstream turbidity (a measure of water clarity that reflects the amount of excess sediment in the water). Also included in the permit requirements is payment for wetland mitigation, water quality monitoring for the duration of the project, and maintaining a healthy amount of flow in the Chattooga River downstream. MountainTrue is not contesting the project.

New Rockhouse Creek Self-Guided Hike Available

Philip Moore stands next to one of several large buckeye trees beside the trail on Rockhouse Creek.

While MountainTrue has not planned any group hikes due to ongoing concerns about COVID-19, you can still go hiking with us! I joined MountainTrue’s Outings Coordinator Catie Morris and Forest Keeper Rhys Burns to construct a self-guided hike on the Rockhouse Creek trail in the beautiful Fires Creek Watershed. The final product includes a trail description, points of interest, a little history and photos along the way. Access the hike here.

MountainTrue Members Push Back on Beech Mountain Water Grab

Thanks to an amazing response by MountainTrue’s supporters in the High Country, we’ve made a great start in opposing the Town of Beech Mountain’s latest attempt to push through a proposal for a water intake in the Watauga River. This proposal would construct a 7.2 mile pipeline and pump house to withdraw up to 500,000 gallons of water per day from the Watauga during times of drought, and right upstream from the ecologically sensitive Watauga Gorge.

Due to public pressure from MountainTrue members and other community members concerned about the proposal, Watauga County Commissioners stated during a recent budget meeting that they would not entertain any attempts to reclassify the Watauga River to allow for an intake. There was also progress at the most recent Beech Mountain Town Council budget hearing, with Town Council approving a capital project ordinance to fix or replace approximately 16,500 linear feet of existing water line in the Charter Hills Road area. We are grateful to see the Town of Beech Mountain prioritizing their infrastructure and addressing water loss after our repeated requests.

Ward’s Mill Dam Will Be Removed in Fall 2020

In a big victory for the Watauga, MountainTrue has helped secure the removal of the Ward’s Mill Dam – a dam in Sugar Grove that was named the highest priority for removal by a partnership of aquatic resource experts in the Southeast.

Removing the dam will reconnect 35 miles of aquatic habitat in the main stem of the Watauga River and 140 miles of streams across the watershed. This will improve cold water habitat for native aquatic species like brook trout, freshwater mussels and the threatened hellbender salamander, and will reconnect genetically distinct populations kept separate by the dam for 80 years.

The dam is scheduled for demolition in early Fall 2020. Its removal would not be possible without the leadership of American Rivers, Blue Ridge Resource Conservation and Development, Watauga County Soil and Water Conservation and the United States Fish and Wildlife Service.

Events Calendar

June 11-30: No Man’s Land Film Festival: Diversify the Outdoors
No Man’s Land Film Festival is offering a “Diversify Our Outdoors” virtual film program featuring films that elevate Black athletes, filmmakers and advocates. All proceeds to this event will be donated to the non-profit organization Outdoor Afro.

July 1, 11:30am – 12pm: MountainTrue University – The State of the French Broad River
Join our French Broad Riverkeeper, Hartwell Carson, for a talk about the history of the French Broad Watershed, his work to hunt down pollution sources and ways you can help keep our river clean.

July 9, 6-7pm: Virtual Green Drinks Featuring Andy Tait, EcoForestry Director at EcoForesters
In his talk, Andy will discuss how forests become degraded due to invasive pests, poor timber management, fire exclusion and climate change, and how “forest stand improvement work” can make degraded forests healthier.

July 10, 7-8:30pm: “Pandemics and Prejudice: How Can Democracy Survive in a Hotter Time?” with Dr. David Orr
The Creation Care Alliance is proud to co-sponsor this presentation by Dr. David Orr, Emeritus Professor of Environmental Studies & Politics at Oberlin College, about the moral imperative to restore our democracy as well as the urgency of environmental stewardship.

July 11: Virtual Riverkeeper Beer Series Cleanup with Catawba Brewing Co.
Join us for the first virtual Riverkeeper Beer Series Cleanup of the French Broad River by cleaning your local creek, roadway, or neighborhood.

July 26, 2-5pm: Apalachia Lake Paddle
Join us for a socially distant canoe outing on the peaceful Apalachia Lake, which has very little private shoreline development and no commercial recreation facilities. Fishing and swimming are both options along the way, so bring your line if you’d like.

Asheville Design Center Helps Businesses Face Pandemic With Design Solutions

Asheville Design Center volunteers paint traffic barriers for Asheville’s first Shared Streets installation on Eagle and Market Streets, also known as “The Block,” on June 18.

June 29, 2020

As more and more Asheville businesses reopen, the COVID-19 pandemic has required them to need more breathing room – literally. To help businesses adapt to indoor capacity limits and social distancing guidelines, the City of Asheville has contracted with MountainTrue’s Asheville Design Center (ADC) to create design solutions that allow businesses to use more public outdoor space.

The first of these solutions, temporary parklets, provides overflow space for businesses by sectioning off adjacent parking spots. The City’s new temporary parklets program allows businesses to use up to three on-street public parking spaces on roads with speed limits of less than 25mph. ADC has designed these to be used for outdoor dining, selling merchandise, and additional space to allow for social distancing.

ADC is also taking leadership on the City’s new Shared Streets program, which extends the parklet design concept by prioritizing entire streets for pedestrians. “Wall Street provides a good model for what we’re trying to accomplish,” says Chris Joyell, Director of the Asheville Design Center. “The moment you step onto it, there are several design cues that make pedestrians feel comfortable walking in the street and cause cars to slow down and know they have second priority to pedestrians. We want more streets in Asheville to feel that way.”

True to ADC’s mission, staff and volunteers are designing signs and elements of the temporary parklets and Shared Streets by working hand in hand with community members. In the case of the first Shared Street area – launched on June 18 on Eagle and Market Streets, or “The Block”, downtown – this meant working with individual business owners, the Block Community Collaborative Business Group, and community elders to use culturally relevant signage and colors. “We went to the YMI Cultural Center with community elder Roy Harris to look at historical documents and art that represented Asheville’s historically Black community,” Chris says. “The community led the vision, and with their guidance, our graphic design intern used fonts, colors and patterns that would all say ‘The Block’ to the people who grew up there.”

Describing this effort, ADC intern Helen Kemper says, “I especially felt connected when walking through the streets with the business owners, gaining their perspective and connectedness to these public spaces. We hope these efforts will help them transform their spaces so that they may feel supported by the community and find success during such trying times.”

MountainTrue Co-Director Julie Mayfield carries a traffic barrier at the Shared Streets installation on Buxton and Banks Streets on the South Slope of Asheville.

The latest Shared Street installation happened at Banks and Buxton Streets last week, where ADC worked with City staff to redirect vehicles to narrow, slower lanes, and added signs to identify the space as a Pedestrian Priority Zone. Over the coming weeks, ADC staff and volunteers will help implement more Shared Street design elements on Wall Street, Church Street and portions of College Street downtown.

The temporary parklets and Shared Streets will be active until at least October 31. Chris anticipates that the effort will expand outside of downtown, and that it can help more businesses see the value of using shared space design concepts for the long term. “Since we’re providing the temporary design and engineering expertise, businesses can experiment with these parklets and other design concepts now with more support than they’d have if they were going it alone,” Chris says. “And if they work well, business owners are one step closer to making these innovations permanent. He cites Sovereign Remedies as one Asheville business using the parklet concept year-round for outdoor seating, with great success.

ADC volunteers are also working on a guide book to make implementation of the parklets as easy as possible for business owners, creating clear blueprints and lists of materials needed for construction. To get started on the process, register for your parklets here.

“The heart of the design process,” Chris says, “is to identify a problem, come up with a solution, design it, prototype it and get feedback. And by creating these concepts in conversation with the broader community, we can make sure they meet the needs of our local businesses and are a sustainable design concept for Asheville’s future.”

Support Backcountry Recreation in the Nantahala-Pisgah National Forest Management Plan

Help protect our forests and our backcountry areas by submitting your public comment today. The deadline for public comment is June 29, and this is our last significant opportunity to win better protections and influence how our public lands are managed for the next 15-20 years.

There’s no better way to get away from the hustle and bustle of civilization than to head out into the backcountry. The Pisgah and Nantahala National Forests provide us with a myriad of ways to get away and spend time in the wild such as hiking and backpacking, horseback riding, mountain biking, rock climbing, fishing, canoeing, camping and whitewater kayaking.

These are wonderful pastimes that so many people in our region enjoy as ways to keep fit and clear our minds from the stress of everyday life. Our abundant backcountry areas are also an incredible economic resource for local businesses because people travel here from around the country and the world to vacation in our national forests. More than 10 million people visit our national forests every year, many of them for backcountry recreation pastimes. The Outdoor Alliance estimates that paddling, climbing and mountain biking generate $83.3 million in visitor spending. If it were a national park, it would be the third most visited park in the country.

To keep the Nantahala and Pisgah National Forests an amazing place for backcountry recreation, the next management plan must protect our wild and special places and ensure that trails and other recreation resources are well maintained in the next forest management plan. Here are our recommendations:

1. Protect old-growth forests and Natural Heritage Areas.

The old-growth forests of the Nantahala-Pisgah National Forests are hot spots of biodiversity and wonderful places to hike through and observe nature. Unfortunately, they are also very rare. Less than 1% of forests in the Eastern U.S. are believed to be in old-growth condition, but in the Blue Ridge Mountains, up to 3% may be existing old growth. Approximately 9% of Nantahala and Pisgah National Forests is known to be in old-growth condition; however, not all of these rare forests are currently protected.

Our recommendation is for the Forest Service to place all of the established old-growth — plus areas identified by ecologists and conservation experts — in the Designated Old Growth Network and into protective management areas to prevent logging, as recommended under Alternative C. However, any restrictions to adding old growth stands that have yet to be identified to the Designated Network should be lifted.

Similarly, North Carolina Natural Heritage Program Natural Areas were identified by biologists with the North Carolina Natural Heritage Program, and contain the best examples of natural communities, species diversity and rare species in North Carolina. These areas are very beautiful and represent the best examples of ecosystems and biological diversity in our landscape. Our recommendation is to also place these natural heritage areas in management areas where they will not be used for timber rotation, and instead be managed to restore, maintain, and enhance their natural qualities.

2. Extend Wild & Scenic Rivers protections to more of our forest’s classic paddling rivers and streams.

Western North Carolina is home to an incredible array of rivers and streams that are paddling classics and draw whitewater kayakers from around the world. However, only three streams in our region are protected under the Wild and Scenic Rivers Act. The Draft Plan recognizes nine additional streams as eligible for Wild and Scenic designation, bringing interim protections to a total of 12 streams across the Forest.

MountainTrue recommends that the North Fork of the French Broad River (6.5 miles); Panthertown Creek, Greenland Creek, and the East Fork of the Tuckasegee River (totaling 8.6 miles); the East and West Forks of Overflow Creek (totaling 5 miles); and nine additional miles of Fires Creek, also be found eligible for Wild and Scenic designation.

3. Expand protections to more of our wild places.

Wilderness Inventory Areas (WIAS) comprise the wildest and most remote places in Nantahala and Pisgah and, by extension, some of the wildest places in the East. WIAS were identified during this planning process because they were large (generally greater than 4,000 acres) and had very few roads. Smaller WIAs are adjacent to existing Wilderness Areas and comprise part of a larger wild landscape.

About 350,000 acres of WIAs were identified in the planning process, which is a testament to the ruggedness of the Blue Ridge Mountains and the wild character of the Nantahala and Pisgah. In the draft plan, the maximum amount of Recommended Wilderness identified from the WIAs is 126,000 acres. The remaining areas are allocated differently in the three Alternatives. MountainTrue recommends placing all Wilderness Inventory Areas into Management Areas that are “unsuitable” for timber rotation, and road construction should be limited to maintain their wild and remote character.

4. Expand and maintain the trail system and recreation infrastructure by partnering with recreation groups.

Due to lack of federal funding the Forest Service, the majority of trail maintenance these days is performed by organized, trained volunteer groups. There is huge demand for new trails and facilities but barely enough funding to maintain what already exists. That demand has resulted in the creation of an informal network of user-created “social trails” that range from informal paths which lead to places like scenic views, fishing spots, climbing areas, swimming holes, boater put-ins and other destinations to longer old roads and trails that are well-worn and well-known treads. The draft plan takes a binary approach to trail maintenance: maintaining the official trail system and shutting down user-created trails. Because the Forest Service doesn’t have the budget or resources to significantly expand the official trail system, this would cut off access to many river access points, climbing areas and beloved mountain biking trails.

Maintaining our trail system to prevent erosion is important, but MountainTrue supports a more recreation-friendly approach. We join recreation user groups in calling for a comprehensive trail inventory to see which trails are most needed by mountain bikers, horseback riders, climbers, anglers and other trail users. The Forest Service should add those priority trails to the official system, and partner with user groups to ensure that they are maintained and made sustainable.

Help us keep the Nantahala and Pisgah National Forests wonderful natural places for all of us to play and enjoy the great outdoors. Comment today!

Take Action

The Great American Outdoors Act Passes The Senate, Reinvests In America’s Public Lands

Photo by Kirk Thornton on Unsplash

In a big victory for our public lands, The Great American Outdoors Act (SB 3422) was passed by the U.S. Senate on June 17 with bipartisan support and a vote of 73 yeas to 25 nays.

The bill would permanently fund the Land and Water Conservation Fund (LWCF) at $900 million per year and allocate $9.5 billion over the next five years to address the maintenance backlogs in America’s National Parks, National Forests, and other public lands.

The Land and Water Conservation Fund was established by Congress in 1964 with the purpose of investing earnings from oil and gas leases into projects that were meant to “safeguard our natural areas, water resources and cultural heritage, and to provide recreation opportunities to all Americans.” The fund has been used for water conservation and habitat restoration projects, to support wildlife refuges, and has been accessed by local governments to fund recreation infrastructure and public parks.

The fund has made a great impact in Western North Carolina, with money from the LWCF funding projects in every county. “[The LCWF has] purchased land for ball fields, boat launches, greenways, state parks, all the way up to the Blue Ridge Parkway and inholdings in our national forests,” says Jay Leutze, board member of the Southern Appalachian Highland Conservancy, as quoted in the Asheville Citizen-Times.

Though the LWCF has been authorized at $900 million per year, Congress has regularly diverted these funds for other purposes. With this bill, Congress would finally put an end to that practice and fulfill the original promise of the LWCF.

The part of the Great American Outdoors Act that is meant to specifically address the maintenance backlog for our public lands is called the National Parks and Public Lands Legacy Restoration Fund. Through the act, Congress would fill the coffers of the Legacy Restoration Fund with up to $1.9 billion for each of the next 5 years, for a total of $9.5 billion. The fund is split between the National Park Service (70% or up to $6.65 billion), the Forest Service (15% or up to $1.4 billion), the Fish and Wildlife Service (5% or up to $475 million), and the Bureau of Indian Education schools (5% or up to $475 million). The Legacy Fund is a great and necessary first step in restoring the glory of our public lands; over the next five years, it would cut the combined $20 billion backlog nearly in half.

The Senate deserves a big round of applause for coming together across party lines to pass the Great American Outdoors Act. North Carolina’s Senators Thom Tillis and Richard Burr were both co-sponsors, as was Senator David Perdue of Georgia. Now, a companion bill is up before the House of Representatives, which is anticipated to vote on the bill in July.

Protect Solar Energy Rights. Oppose The Attempt to End Net Metering By June 15

Action Expired

Solar net metering allows solar energy owners to sell excess solar energy produced by their systems back to the grid, making solar much more affordable and accessible than it would be otherwise. But a shady group called the New England Ratepayers Association (NERA) has filed a petition for the Federal Energy Regulatory Commission (FERC) to take over regulation of rooftop solar systems from states – a move that would end net metering as we know it, and cut off an important source of financial savings for solar energy owners in the midst of an economic crisis.

NERA has a history of suppressing and opposing clean energy options. Their petition would greatly set back renewable energy progress and threaten solar energy savings not only for solar owners, but communities at large in our region. Local solar helps everyone by reducing transmission costs, providing local peak energy resources, and increasing grid resilience.

Take action below to protect solar rights. We encourage you to customize your comment and explain why this issue matters to you personally!

For more information on NERA’s threat to solar net metering, click here.

Protect the Nantahala-Pisgah National Forest — Our Region’s Natural Carbon Sink

The Nantahala and Pisgah National Forests are a tremendous resource in the battle to slow climate change. A 2011 Forest Service assessment estimated that these forests store more than 72 million metric tonnes of carbon, and that number continues to rise as our forests grow.

Help protect our publicly owned, 1.1 million acre carbon sink by taking action today!

June 29 is the deadline for public comments on the Draft Management Plan for the Nantahala-Pisgah National Forest. Now is our last significant chance to make our voices heard on a plan that will determine how our forests are managed for the next 15-20 years.

The Forest Service takes climate adaptation and mitigation into consideration when drafting its plan, but with your help we can make the plan even more climate friendly by:

1. Protecting old-growth forests from timbering

As trees grow they capture carbon, and they slowly release it as they die and decompose. With old-growth forests, the equation favors carbon capture. More than other forests, old-growth forests store and accumulate more carbon than they release through decomposition. That’s why we support a forest management plan with the most inclusive definition of old-growth forests and the widest protections.

The Forest Service should place all of the established old-growth — plus areas identified by ecologists and conservation experts — in the Designated Old Growth Network and into protective management areas to prevent logging, as recommended under Alternative C. However, any restrictions to adding old growth stands that have yet to be identified to the Designated Network should be lifted.

2. Defining “old growth” for more consistent forest management

The term “old growth” was coined by foresters in the early days of logging, but the lack of consensus around a single definition creates room for interpretation at the project level. It also makes building consensus among forest user interest groups, such as timber companies, recreationists, and conservationists difficult if not impossible. The forest service must not allow the lack of a single definition to endanger old-growth stands and create a pathway for increased logging. The Forest Service should set a definition in the final management plan that best protects these crucial carbon stores.

3. Mandating sustainable timbering practices

Timbering can be done in a manner that is sustainable and beneficial to the overall health of the forest. Our moist and fertile forests are resilient to timber harvest and can quickly rebound.However, if they are being grown for future timbering, whether they continue to store carbon after they’ve been cut down is a crucial question. As such, we support:

Our mountain forests are not suitable for commercial biomass electricity production. Though byproducts of restoration activities could be used for firewood or artisanal uses, our public forests should not be cut down just to be burned. Though, biomass energy production is not currently a concern due to the lack of a biomass wood pellet factory in our region. Limits should be placed on what types of wood could be available for biomass harvest should that change during the term of this management plan.
Preference should be given to timber companies that provide quality timber for furniture making, construction and other durable goods so that the wood’s carbon continues to be stored.
The use of specialized equipment should be required on sustained steep slopes of over 40% to guard against increasing erosion and landslides due to the effects of climate change. The type of logging methods should be outlined in the project’s environmental review documents.
Unused forest roads in backcountry areas should be decommissioned or repurposed for trails. This would help prevent erosion and sediment pollution and extreme flooding in forest rivers and streams due to the heavier rains and storms brought on by climate change.

4. Protecting our forests and vulnerable species from the effects of climate change

To ensure the long-term health of our forests and the native species that call the Pisgah and Nantahala National Forests their home, the Forest Service should strengthen their climate adaptation. This includes:

Increasing the number of streams occupied by native brook trout in the highest elevation, highest flow cold water streams to compensate for losses in other warmer streams.
Increased use of controlled burns to reduce forest density and prevent larger wildfires that would damage native habitats and reduce our carbon stores.
Because non-native invasive plant species (NNIPS) spread in part due to our warming climate and land disturbances such as timbering, the plan should include an objective that all new harvest units and associated roads (including a 100-foot buffer) should be monitored for new infestations of priority NNIS and treated, if found. Also, the Forest Service should include a desired condition that priority NNIS are not spreading.
Habitat connectivity should be maintained and increased for migratory species and species whose habitat may shift due to climate change

Do your part to fight climate change: help protect the Nantahala-Pisgah National Forests and ensure that they remain healthy and effective carbon sinks for our region.

Comment below or check out our Forest Plan Resource page for our full analysis of the entire Draft Forest Management Plan.

Take Action!

MT Raleigh Report: Politics, Budget Policy and the Pandemic at the North Carolina General Assembly

With unemployment growing, the economy slowing and North Carolina’s tax revenues plummeting, legislators have made some key decisions that will shape how they are likely to deal with the state’s mounting budget challenges.

While the state’s revenues for the 2020-21 fiscal year won’t be in until the July 15 tax filing deadline, budget analysts expect revenues to be short $1.6 billion for FY19-20 and another $2.5 billion for FY20-21. Together, that is about an eight percent hit to the state’s $24 billion annual budget.

Complicating the budget picture is a long list of unknowns, including:

Just how big are the deficits North Carolina is facing? So far lawmakers are using estimates. Actual revenues won’t be known until July 15 – two weeks after the new state fiscal year is supposed to begin on July 1.
Can federal COVID-19 relief money be used to fill the state’s budget hole? North Carolina has $2 billion in federal COVID-19 relief money in reserve; state lawmakers are hoping Congress will give them permission to use those funds to address the state’s budget shortfall. But if and when that might happen is anyone’s guess. Complicating matters: under current federal law, all of the state’s federal COVID-19 funding must be spent by December 31, 2020.
Will Congress provide more help to states? The US House of Representatives recently approved a COVID-19 relief bill that would provide billions to help states balance their budgets, but support in the US Senate is lukewarm.

Look for Governor Cooper to wait until midsummer to spell out his budget plans.

For their part, GOP leaders at the legislature have opted not to produce a FY 2020-21 budget at all; they will leave the current budget (approved all the way back in 2017) in place. Instead, lawmakers in both chambers have agreed to approve 18 separate bills with a variety of appropriations for a discreet list of projects and programs. Their priorities include capital projects at various state universities and funds to address enrollment growth at public schools. The money for these bills comes from a number of sources, including unspent federal COVID-19 relief funds and monies from other sources that are expected to be unspent when the state’s fiscal year ends on June 30.

After completing these bills in the next few weeks, legislative leaders plan to go home. That would appear to leave balancing the budget to Governor Cooper – unless Congress gives the state a windfall of federal cash to balance the state budget. If that happens, it is unlikely that the state’s budget writers will allow Governor Cooper to decide how such a large amount of money is spent, and they would likely reconvene to appropriate those dollars. If help from Congress does not arrive, lawmakers also have the option of staying at home and leaving the politically difficult task of balancing the budget to Governor Cooper, just a few months before his reelection.

The lack of a budget development process at the legislature is a mixed bag for the environment. For starters, it leaves organizations like MountainTrue with no way to engage lawmakers about much-needed investments to protect our natural resources. On the other hand, it avoids – or at least postpones – the steep cuts that the legislature would likely propose for regulatory agencies that protect our air and water if they attempted to draw up a new budget.

As the legislative session continues, MountainTrue will continue to track the budget process and look for opportunities to fund some of the WNC projects we have promoted in the past – while also opposing any effort to cut state agencies that protect our water and air from polluters. We appreciate your continued support for this work and invite you to follow our policy work in Raleigh on all of our social media outlets. Thanks!

Stand Up, Speak Out Against Asphalt Plant Proposed For East Flat Rock!

Action Expired

PLANNING BOARD MEETING THURSDAY, JUNE 18 at 5:30 PM

By Gray Jernigan, Green Riverkeeper and Southern Regional Director for MountainTrue

We are very concerned about a proposal that quietly appeared on the Henderson County Planning agenda: A developer has applied for conditional rezoning requesting that the County conditionally rezone 6.5 acres located at the intersection of Spartanburg Highway (US-176) and US-25 to a conditional district to construct a new asphalt plant. The property is currently zoned Community Commercial (CC) and is surrounded by residential zoning.

A virtual Neighborhood Compatibility Meeting was held via Zoom on Monday, June 8. You can watch the entire four hour meeting here: https://www.youtube.com/watch?v=Cvf2wGfhtBA

The big takeaway from the Neighborhood Compatibility Meeting was that there is absolutely no way that this project is appropriate for the location and that the rezoning request should be denied. Thank you to the 115 community members that tuned in, to the over 160 community members that submitted questions in advance, and to more than 50 people that asked questions live during the meeting, none of which we believe were sufficiently answered by the developer.

While we appreciate everything that the County Planning staff did to make this meeting accessible during the COVID-19 pandemic, many people were still unable to join. This is because not everyone has access to a computer, internet access, an internet connection strong enough to support streaming services, or access to the Zoom streaming service. Others were able to attend but not able to comment because they used an older version of Zoom, had technical difficulties or did not have a computer microphone to speak, or tuned in via YouTube and were not able to ask questions. For all of these reasons, we believe meetings of this nature are inappropriate during this time, and the decision making timeline should be postponed or extended to accommodate public participation.

We have a number of environmental and community concerns about the proposed plant, and we will be asking Henderson County officials to deny the rezoning request. Here are some of our concerns:

Air Pollution – Asphalt fumes are known toxins and contain pollutants such as formaldehyde, hexane, phenol, polycyclic organic matter, and toluene. Exposure to these air toxics may cause cancer, central nervous system problems, liver damage, respiratory problems, and skin irritation.
Water Pollution – Runoff of pollutants from the site would impact Laurel Creek, which flows to the Green River.
Public Lands – The site is dangerously close to the Green River Game Lands, which would be on the receiving end of air and water pollution.
Community Health – A study by the Blue Ridge Environmental Defense League (BREDL) showed 45% of residents living within a half mile of a new asphalt plant reported a deterioration of their health, which began after the plant opened.
Environmental Justice – The site is near a low-income community that would bear the brunt of air and water pollution, dust, noise, truck traffic, and exposure to harmful toxins. Low income communities are disproportionately impacted by industrial facilities across the nation, and that’s not right.

Here’s what we need you to do:

- Educate yourself about the project by reading resources on the Henderson County website here: https://www.hendersoncountync.gov/planning/page/neighborhood-compatibility-meeting-se-asphalt-plant
- Stay informed by following the local community organizing group Friends of East Flat Rock:
- Facebook: https://www.facebook.com/groups/251151092979467/about/
- Website: https://friendsofeastflatrock.org/
- Attend these upcoming meetings, and submit public comments:

- - Technical Review Committee on Tuesday, June 16 at 2:00 PMAccess here: https://www.hendersoncountync.gov/planning/page/technical-review-committee-meeting-229
  - Planning Board on Thursday, June 18 at 5:30 PM.Access here: https://www.hendersoncountync.gov/planning/page/planning-board-17Submit comments here: https://www.surveymonkey.com/r/HCPB_SEAsphalt

Now is the time to stand up, speak out, and put a stop to this pollution factory before it even gets started! Join us in the fight!

Trump Uses Crises to Attack The Environment — Take Action!

Action Expired

Our country is in the midst of two historic crises, the COVID-19 pandemic and a watershed moment in the fight against racist policing and the murder of George Floyd and other people of color. Instead of trying to bring people together, President Trump is exploiting a disease that has already killed more than 100,000 Americans and a moment of national grief to pursue his radical pro-pollution environmental agenda.

Stand up to Donald Trump’s abuse of power.

On June 4, Trump signed an executive order that uses the COVID-19 pandemic as an excuse to allow federal agencies to ignore regulations like the National Environmental Policy Act on projects like pipelines, new highways and mines during the crisis. At the same time, Trump’s Environmental Protection Agency is proposing a new rule that would circumvent the Clean Air Act by letting the agency undervalue public health in their cost-benefit analyses.

Trump cited “emergency authorities” to sign his executive order but his radical anti-environmental agenda benefits corporate polluters at the expense of the public, especially poor people and communities of color. When communities are displaced by highway projects or a new pipeline is constructed, it’s almost always the homes of poor people that are destroyed and communities of color that are negatively impacted.

Similarly, Trump’s EPA is trying to change the rules so that they can ignore the wider health benefits of keeping our air clean of mercury and asthma and lung disease-causing pollutants such as PM 2.5 — this despite a recent nationwide study linking long-term exposure to PM 2.5 to higher death rates from COVID-19.

It’s time for our members of Congress to denounce Trump’s authoritarian abuses and his radical anti-environmental agenda. Tell Senators Richard Burr and Thom Tillis and your member of the House that it’s time to stand up to Donald Trump.