MountainTrue’s Statement on DEQ’s Announcement to Order Full Excavation of Duke Energy’s Coal Ash Pits in North Carolina

Media Contact:

David Caldwell

Broad Riverkeeper, MountainTrue
E: david@mountaintrue.org P: 704-300-5069

April 3 2019

Cliffside, N.C. – On April 1, North Carolina’s Department of Environmental Quality (DEQ) announced that they will require full excavation of all coal ash impoundments in NC. As a result, a total of nine coal ash pits at six coal-burning plants – Allen, Belews, Cliffside/Rogers, Marshall, Mayo and Roxboro – must be fully excavated and moved to lined landfills. Below are statements from MountainTrue’s Broad Riverkeeper, David Caldwell, and MountainTrue’s Co-Director, Julie Mayfield.

“This is a huge victory for clean water and the health of communities living near coal-burning power plants in North Carolina. DEQ has proven their mettle, showing the people of our state that they intend to do their job of protecting our water and environment. They have shown big business and industry that polluting our water is unacceptable, and that polluters will be held accountable. This has been a long battle for frontline communities, which have shouldered the burden and the risks associated with coal-fired power for decades.

I personally became involved in the fight to clean up coal ash in 2014, and started the Broad River Alliance in 2015. In 2016 I attended the first of DEQ’s public input meetings regarding Cliffside, joining over one hundred concerned local citizens who stood up and spoke out for clean water. We asked DEQ and Duke Energy to do the right thing and dig up the ash that has been sitting in our groundwater and leaking dangerous contaminants into the Broad River.

The Cliffside community has been showing up and speaking out about the dangers of coal ash for the past three years. Finally, a victory has come for the people and for the environment that sustains us all. It is truly possible that I will one day be able to say to the young fishermen of the Broad River, ‘Yes, the fishing here is fantastic! And these fish are good to eat! We have clean water and we intend on keeping it!’”

–David Caldwell, Broad Riverkeeper for MountainTrue

“MountainTrue is so grateful to DEQ for listening to affected communities and heeding the science showing that full excavation is the only safe option for coal ash closure in our state.

MountainTrue and the Sierra Club launched the focus on coal ash in North Carolina in 2012 as part of the Asheville Beyond Coal campaign. Through that campaign, we secured the forthcoming retirement of Asheville’s coal plant on Lake Julian and the full excavation of those coal ash ponds. This put Asheville’s air and water on a pathway to a cleaner future, but the future for the people and environment in Cliffside and other frontline communities across the state were until now uncertain. This historic decision by DEQ will change all of that.

MountainTrue is grateful for the affected community members who spoke out at hearing after hearing to help secure this victory, as well as for grassroots organizers all across the state and partner organizations like the Southern Environmental Law Center who made this outcome possible. We will continue to monitor this process closely, and we call on North Carolina’s legislators to help ensure that DEQ’s decision is implemented efficiently and justly for the people of North Carolina.”

–Julie Mayfield, Co-Director for MountainTrue

For more information: https://deq.nc.gov/news/press-releases/2019/04/01/deq-orders-duke-energy-excavate-coal-ash-six-remaining-sites

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Thank Asheville City Council for Making Public Transit Their #1 Priority!

Action Expired

At their retreat on March 8, City Council made improving Asheville’s public transit system their number one priority. This is a big deal: it means City Council has publicly committed to putting a better public transit system – one that runs on time, all day and more often for riders who depend on it – at the very top of their list.

Join the Asheville Regional Transit Coalition in thanking City Council by completing the action below! Let’s remind City Council that the city is watching and that #transitcantwait.

Protect the Clean Water Act from Industry Polluters!

Action Expired

The Environmental Protection Agency (EPA) has released a proposal that would gut the Clean Water Act, a bedrock environmental law that has protected America’s waters for generations. If adopted, this proposal would open the way for uncontrolled pollution into 49,000 miles of streams that flow into North Carolina’s rivers, lakes and coastal waters. What’s more, the proposal threatens to remove protections from drinking water sources for 200 million Americans – including the drinking water for three of every five North Carolinians.

Time is running out before the comment period closes on this proposal on April 15. Take the action below to show that Western North Carolina will not stand for our waterways and communities being put at risk.

The Emerald Ash Borer – A Novel Threat

The emerald ash borer (EAB) – a voracious metallic-green beetle – is quickly eating its way across North America, killing our ash forests along the way.

The pest came across the ocean from Asia, transported in wooden packing materials.While many species in our forests were foreign to EAB, our ash trees provided a taste of home. The adults quickly began to feed on the leaves of these trees and lay their eggs between layers of bark to protect them. Back in Asia, parasitic wasps would occasionally prey on their larvae, but there are no wasps that hunt them here in North America. Given the abundant food source and lack of predators, the insect thrived.

The emerald ash borer is now eating its way through Pisgah National Forest, so MountainTrue and The Pisgah Conservancy have teamed up on a project to treat and save 100 ash trees this spring, 2019 … before it’s too late. Find out more and how you can lend a hand.

Help Save an Ash Tree in Pisgah

Contribute

These beetles are a half-inch long and have a metallic green color. They were first discovered in the United States in 2002, and since

then, they have killed millions of ash trees and threaten millions more. The damage they can cause in just a few years has alarmed scientists and land managers.

When the larvae hatch under the bark of an ash tree, they feed on important vascular tissue, creating swirling tunnels called galleries. Eventually, the tree becomes unable to transport nutrients and water from roots to branches, and it dies. Once the trees in one area have been killed, the insect moves on to new territory.

Ash borers can only fly a few miles each year, but they often hitch rides on firewood or other products. This has allowed them to spread more quickly despite the various quarantines and restrictions that are in place around moving wood products across state and county borders. The Emerald Ash Borer was first found on the Tennessee side of Smoky Mountains National Park in 2013 and is now found throughout North Carolina, it’s spread having been assisted by people moving firewood.

When the Ash Borer has attacked a tree, you may find D-shaped holes in the bark made when the matured larvae exit the tree. Unfortunately, by the time these holes are visible, the tree is usually too damaged to be saved. Instead, we look for signs of early damage, such as dying branches, trees that are losing leaves early in the year, and other signs of poor health that are indicators of an infestation.

By treating them early, we can protect them throughout the infestation period, approximately 5-7 years. Once the beetle has exhausted its supply of untreated food, it moves on. Our plan is to then use the seeds of the trees that we have treated to reestablish our native ash tree stands for the enjoyment of future generations.

Learn more and help MountainTrue and The Pisgah Conservancy defend our ash trees against the Emerald Ash Borer, at mountaintrue.org/savepisgahsashes.

If you have observed signs of the emerald ash borer, please send a location and description of the tree(s) to newpest@ncagr.gov or your local county ranger for verification. For more information, visit the NC Forest Service FAQ.

Tell NCDEQ: We Need a Hearing about Mine Permits on the North Toe River

Action Expired

The North Toe River in Spruce Pine is loved by paddlers, anglers and swimmers alike. It provides tourism opportunities for the local community, and is home to trout and endangered species that need clear mountain rivers to thrive. However, mining facilities on the North Toe have violated water quality standards repeatedly in recent years, and last summer, the North Toe closed to the public after a hydrofluoric acid spill from a mine caused a fish kill. And while the NC Department of Environmental Quality considers the river impaired, the agency has proposed new permits for the next several years that would allow the pollution from the mine processing facilities to continue.

Right now, the permits for all six mining facilities are up for renewal. Take the action below to tell the NC Department of Environmental Quality that the Spruce Pine community deserves a public hearing to have a voice in the future of the North Toe River before the permits are approved. You are highly encouraged to personalize your email and share why the North Toe River matters to you!

MT Raleigh Report: What’s on Deck for the Environment?

This week in Raleigh, lawmakers are beginning what is likely to be a long, drawn-out political tug-of-war between newly empowered Democratic Gov. Roy Cooper and a GOP legislature that has been reduced in size and influence.

And a good deal of the push and pull will be over the environment.

Cooper, of course, is feeling his oats after the November election reduced the number of GOP lawmakers in both the House and Senate to numbers too modest to override his vetoes. For the first time since the election of 2016, both sides will be forced to negotiate and compromise in order to get anything done.

Republican leaders are talking a good game of cooperation and bipartisanship. Whether both sides can come together to come up with bipartisan solutions remains to be seen.

When and if lawmakers do get down to negotiating, they are likely to have a number of major environmental issues to wrestle with, including:

Open Space Trust Funds – Two of the state’s most important conservation funds, the Clean Water Management Trust Fund and the Parks and Recreational Trust Fund, are caught up in a nasty political battle over executive power and gubernatorial appointments. The question of who appoints the members of these and other state boards and commissions has put them at risk of extinction by GOP lawmakers looking for ways to force Cooper to make concessions on his appointment authority. Look for this fight to continue well into the 2019 session.

Water Protection – Last year, the General Assembly was roiled by the issue of what to do about the presence of “emerging contaminants” like GenX in the state’s drinking water. The issue dominated two separate special sessions, the regular summer session, and spilled over to the November elections – when a number of lawmakers in the Cape Fear region got pounded by their opponents and voters for being too slow to act on water quality protection. Look for Cooper to renew his call for substantial new investments in the Department of Environmental Quality to protect drinking water supplies. This is likely to remain a budget priority this year.

Storm Preparedness – After Hurricane Florence, Cooper released a disaster recovery plan that included substantial new investment in wetland protection, coastal resilience, hog farm buyouts and other measures to get North Carolina ready for “the next big one.” To date, lawmakers have funded traditional recovery efforts – with relief for farmers topping all expenditures – but have not invested much in the way of preparedness. With the six-month anniversary of Florence in March during the budget process, our hope is that the legislature will better address preparedness and adaptation.

Here at MountainTrue, we are refining our legislative priorities for lawmakers and will share them in our next update. Until then, thanks for supporting our advocacy efforts in Raleigh!

The Emerald Ash Borer – A Novel Threat

The emerald ash borer – the voracious metallic-green beetle you see in the photo above – is quickly eating its way across North America, killing our ash forests along the way.

The pest came across the ocean from Asia, transported in wooden packing materials. While many species in our forests were foreign to the borer, our ash trees provided a taste of home. The adults quickly began to feed on the leaves of these trees and lay their eggs between layers of bark to protect them. Back in Asia, parasitic wasps would occasionally prey on their larvae, but there are no wasps that hunt them here in North America. Given the abundant food source and lack of predators, the insect thrived.

The emerald ash borer is now eating its way through Pisgah National Forest, so MountainTrue and The Pisgah Conservancy have teamed up on a project to treat and save 100 ash trees this spring … before it’s too late. Find out more and how you can lend a hand.

These beetles are a half-inch long and have a metallic green color. They were first discovered in the United States in 2002, and since then, they have killed hundreds of thousands of ash trees and threaten millions more. The damage they can cause in just a few years has alarmed scientists and land managers.

Save Pisgah's Ashes

Help us reach our goal of saving 100 ash trees in Pisgah National Forest before it’s too late.

Learn more.

When the larvae hatch under the bark of an ash tree, they feed on important vascular tissue, creating swirling tunnels called galleries. Eventually, the tree becomes unable to transport nutrients and water from roots to branches, and it dies. Once the trees in one area have been killed, the insect moves on to new territory.

Ash borers can only fly a few miles each year, but they often hitch rides on firewood or other products. This has allowed them to spread more quickly despite the various quarantines and restrictions that are in place around moving wood products across state and county borders. The Emerald Ash Borer was first found on the Tennessee side of Great Smoky Mountain National Park in 2013, and is now found throughout North Carolina – its spread having been assisted by people moving firewood.

When the Ash Borer has attacked a tree, you may find D-shaped holes in the bark made when the matured larvae exit the tree. Unfortunately, by the time these holes are visible, the tree is usually too damaged to be saved. Instead, we look for signs of early damage, such as dying branches, trees that are losing leaves early in the year and other signs of poor health that are indicators of an infestation.

By treating them early, we can protect them throughout the infestation period, approximately 5-7 years. Once the beetle has exhausted its supply of untreated food, it moves on. Our plan is to then use the seeds of the trees that we have treated to reestablish our native ash tree stands for the enjoyment of future generations.

Learn more and help MountainTrue and The Pisgah Conservancy defend our ash trees against the emerald ash borer.

If you have observed signs of the emerald ash borer, please send a location and description of the tree(s) to newpest@ncagr.gov or your local county ranger for verification. For more information, visit the NC Forest Service FAQ page at: https://www.ncforestservice.gov/forest_health/fh_eabfaq.htm

Public Input Session on Cliffside Coal Ash Closure Options

Action Expired

On January 22, the NC Department of Environmental Quality (NCDEQ) will host an information session and receive public input about coal ash pond closure options for Duke’s Cliffside plant. The input they receive at this meeting and through public comments will help decide whether NCDEQ enforces a full cleanup of Duke Energy’s coal ash or allows them to leave it “capped in place” at the site.

What’s Happening With Coal Ash at Cliffside?

Duke Energy’s coal ash pits at its James E. Rogers Energy Complex – more commonly known as the Cliffside Steam Station – store millions of tons of coal ash waste in a pit that extends approximately 80 feet deep into the groundwater table in violation of federal rules. Located in Cliffside, N.C. on the border of Cleveland and Rutherford counties, this waste is seeping into the Broad River, and polluting the groundwater with toxic heavy metals like arsenic, mercury and lead.

In December 2018, Duke acknowledged another violation of federal rules intended to protect people from coal ash contamination – surpassing the federal groundwater standards for arsenic and cobalt. This is one of many legal violations at Cliffside related to coal ash storage, and Duke’s noncompliance means seepages around the impoundment are getting into wetlands and streams, and ultimately the Broad River.

What’s “Cap In Place”?

Duke Energy wants to leave its coal ash right where it is – in massive unlined pits seeping into the groundwater and the Broad River, and polluting the groundwater with toxic heavy metals. “Cap in place” simply means that the coal ash would be covered up but would remain in the groundwater table, causing permanent pollution of groundwater and migration of pollutants to surface water and the Broad River. To comply with the law and protect water quality, Duke must excavate the coal ash now.

Duke Energy is already required to remove its coal ash at eight other sites in North Carolina and all of its sites in South Carolina –Cliffside’s families and community deserve the same protections. NCDEQ needs to hear us loud and clear: We need cleanup, not cover-up!

What Can I Do?

1. Come to the North Carolina Department of Environmental Quality’s public information session on Jan. 22 in Forest City to call for cleanup, not cover-up, of Cliffside’s coal ash. Find the details for the event here.

2. Take action here to tell NCDEQ that Duke’s coal ash should be moved out of the groundwater, away from the Broad River, and into the lined landfill on their property.

MT Raleigh Report: The 2019 General Assembly Begins, Sort Of

Legislators were in Raleigh for a day last week to open the 2019 session of the North Carolina General Assembly. Surrounded by their families, lawmakers took their oaths of office, elected their officers – and then promptly recessed. They will reconvene Jan. 30 and meet weekly until they complete their work some time later this year.

Quick reminder: in odd-numbered years, North Carolina lawmakers begin their work in January and, historically, complete it some time in the summer. In even-numbered years, session begins in May. Because North Carolina does not limit the length of the session, there is no hard deadline for completing their work.

As expected, GOP Speaker Tim Moore of Cleveland County relied on his party’s majority in the House to become speaker for a third, two-year term. In the Senate, GOP Sen. Phil Berger of Rockingham was elected to lead the Senate for the fifth consecutive session.

Moore also announced a few key committee appointments, two of which have important implications for Western North Carolina conservation and environmental advocates. Complete House committee assignments are not expected until late January.

Henderson County GOP Rep. Chuck McGrady was re-appointed as co-chair of the powerful House Appropriations Committee, which oversees the development of the state’s $24 billion state budget. First elected in 2010, McGrady – former national president of the Sierra Club – has promoted a pro-environment policy agenda while also becoming a trusted member of the House GOP caucus and Moore’s leadership team. While some environmental advocates would like McGrady to be a stronger critic of the GOP legislature’s environmental record, there is no question that he has sponsored a number of key environmental bills, stopped or improved many harmful environmental bills, and boosted funding for open space conservation and other environmental investments. McGrady’s return to the appropriations leadership will be his last, as he is widely expected to retire after the 2019-20 legislative term.

WNC has another (rising) appropriations chair in GOP Rep. Josh Dobson, whose district includes Avery, McDowell and Mitchell counties. Dobson has quietly developed a reputation as a thoughtful, accessible, no-ego lawmaker with considerable policy expertise in health and human services. His promotion to full appropriations chair could give McGrady a natural ally in the appropriations give-and-take within the House GOP caucus, in negotiations with the Senate and with Governor Roy Cooper.

In the Senate, committee appointments were announced late last week. Notable for environmentalists is Henderson County GOP Sen. Chuck Edwards’ appointment as co-chairman of the Senate appropriations subcommittee on Natural and Economic Resources, which develops the Senate’s spending plan for all state environmental conservation programs. Should McGrady and Edwards team up, they could direct considerable resources to WNC. Also notable: WNC GOP Sen. Ralph Hise will chair the powerful Senate Finance Committee, which reviews all tax and fee changes. And WNC GOP Sen. Jim Davis returns to his leadership spot as senior chair of the appropriations subcommittee that oversees transportation funding.

Here at MountainTrue, we are finalizing our legislative agenda for 2019 and scheduling visits to Raleigh throughout the year to speak up for Western North Carolina’s environment. Look for a detailed outline of our 2019 priorities in an upcoming MT Raleigh Report, and thank you for all your support for our policy work!