MT Raleigh Report – HB47 is A Critical $500M Lifeline for Western NC Recovery

If you’re surprised to learn that the North Carolina General Assembly has been in session since January, you’re not alone. Despite the urgent needs of Western NC following Hurricane Helene, the legislature has yet to approve a relief package so far this year.

That may soon change. This week, the state House is expected to approve HB47, a $500 million relief bill. While that’s a step in the right direction, the bill still faces uncertainty in the Senate, and it remains unclear when and at what amount the General Assembly will use its billions in unspent reserves for disaster aid.

What’s in HB47?

HB47 would allocate state funds for housing, environmental restoration, debris removal, small business grants, and other critical recovery efforts. MountainTrue supports this bill, particularly the funding for debris removal and restoration projects. You can find a plain-English summary of the latest version of the bill here.

What’s Next?

If the bill passes the House as expected, it will still need approval from the Senate, which has shown less urgency on disaster relief. Senate leaders tend to be more cautious about spending and want to wait for federal agencies like FEMA to complete their recovery work before committing state funds. This could delay progress or result in a reduced package.

MountainTrue has already reached out to Senate leaders to advocate for quick approval of HB47 as written. Our staff will be in Raleigh this week to meet with lawmakers across both parties to stress the importance of timely disaster assistance and share our priorities for the 2025 legislative session.

You can read our full 2025 legislative agenda here.

Looking Ahead

HB47 is just the beginning. House leaders have indicated that it will be the first of several disaster relief bills for Western NC. However, differences between the House and Senate are likely to continue, particularly regarding the amount and structure of disaster funding. The Senate’s preference may be to address this through the broader 2025-2027 state budget process, which typically takes months to finalize.

Governor Josh Stein expressed support for the House’s disaster recovery bill as a good start while calling for even larger investments in recovery. He also urged the federal government to provide an additional $19 billion in disaster aid.

Why Your Support Matters

The General Assembly’s action – or inaction – on Helene recovery underscores the importance of having a strong voice for Western NC in Raleigh. That’s why MountainTrue is proud to be the only WNC environmental organization with a year-round lobbyist in the state capital. Your support makes that possible, and we are deeply grateful.

Thank you for standing with us as we continue advocating for a strong, swift recovery for our region.

MountainTrue Volunteer Spotlight: Leslie Beninato

Tell us a bit about yourself.

My name is Leslie Beninato, and I’m the owner of Asheville Canoe House, a canoe rental company. Before Helene, I was also a raft guide, bike guide, and bike tech for a local outdoor company. I’ve lived in WNC for almost 20 years and have resided in Asheville for 11 years. I went to Appalachian State University and decided I never wanted to leave the mountains.

What do you love about where you live?

Well, I love the French Broad River for multiple reasons, the history and the wildlife being a few, even before I started my business. I think the coolest fact that surprises folks is how old the French Broad actually is (it formed between 260 and 325 million years ago before the continents split apart).

What’s your go-to river activity?

I love paddling in all forms. Usually, you can find me canoeing, rafting, or whitewater stand-up paddleboarding. Treasure hunting/river cleanups are a nice bonus when on the water.

What’s your connection to MountainTrue?

I have been volunteering with MountainTrue and other local nonprofits since moving to Asheville over 10 years ago. I’ve also been organizing cleanups on my own post-Helene.

I support MountainTrue by assisting in cleanup efforts, assisting with volunteer organization, keeping the work areas safe for volunteers, and scouting out potential river hazards and new features that may be created after storms. Promoting safe and healthy use of our local rivers and streams while educating the public and tourists has always been a top personal priority. So, helping with cleanup efforts before and after Helene was just something natural.

Why do you think folks should get involved with/support our work?

All nonprofits can use support and help (monetarily or physically); I help physically when

hands are needed and I speak for the river when she needs a helping voice. Anything helps. Whether you donate $5 or $500, whether you pick up one piece of trash or thousands. No big skill level is needed nor is age a factor when volunteering. For example, if I’m feeling low energy or overwhelmed (especially since Helene), I always feel better after getting outside and getting my hands dirty; seeing others also out there really inspires you to do/be better. So if you don’t volunteer just to help your community, you can at least volunteer to help yourself.

Anything else you’d like to share?

The community and the river will need help for years to come. Please continue to donate

in whatever way you can to the local nonprofits helping our community members in need and to our environmental nonprofits to help keep Appalachia a beautiful and sacred place.

Protect the Nolichucky River! Tell NC DEQ: Require Stronger Environmental Protections for CSX’s Railroad Rebuild

Photo courtesy of Jubal Roe.

Keep advocating to protect the Nolichucky! Please comment now to ensure stronger environmental requirements for CSX as they rebuild their railroad through North Carolina’s Nolichucky River Gorge.

North Carolina’s Department of Environmental Quality is requesting public comment on CSX’s application to rebuild their railroad through our state’s section of the Nolichucky River Gorge. You may recall that CSX’s railroad experienced extensive damage as a result of Hurricane Helene, and CSX immediately started rebuilding in a manner that was highly damaging to the Nolichucky River’s Wild and Scenic values. Your advocacy helped stop their destruction previously but unfortunately, CSX is back at it under new approvals from the Army Corps of Engineers.

The North Carolina Department of Environmental Quality can stop CSX’s most harmful practices and we need your help again pushing for strong environmental protections in their permit. Please use the link below to submit comments and help us protect the Nolichucky. We encourage you to make your comment your own, but the following may serve as a framework:

https://edocs.deq.nc.gov/Forms/401_Public_Notice_Comments

ID#: 20241562

Version: 2

Project Name: CSXT Emergency Track Rebuild Post Hurricane Helene

Your stance on the project: No

Comment:

I am opposed to this project without additional protections. The following provisions, if included, would allow me to support this project:

DEQ should prohibit any harvesting, mining, or excavation of material from below the ordinary high-water mark. Tennessee’s Department of Environment and Conservation has already prohibited the removal of material below the ordinary high-water mark in Tennessee. NC DEQ should do the same.
DEQ should establish an ordinary high-water mark using the Army Corps’ January 2025 Ordinary High-Water Mark Manual. That analysis indicates the ordinary high-water mark should be approximately 6 feet above baseflow in the Gorge.
DEQ must prohibit the removal of rock or any other material from any named rapid.
DEQ should require CSX to provide for safe recreational and commercial whitewater access during reconstruction.
The Nolichucky Gorge has been designated by the U.S. Fish and Wildlife Service as critical habitat for the endangered Appalachian Elktoe. It is also habitat for the Eastern Hellbender, which the Fish and Wildlife Service recently proposed for listing under the Endangered Species Act. DEQ should require CSX to survey areas for Appalachian Elktoe and Eastern Hellbender presence before CSX takes any action – including operating machinery such as dump trucks and excavators – below the ordinary high-water mark.

Take Action: Protect Hellbenders

SOS: Save Our Salamanders!

Friday, December 13 was a lucky day for eastern hellbender salamanders. Following years of advocacy from environmental organizations and conservation-minded individuals, the U.S. Fish and Wildlife Service proposed listing hellbenders as an endangered species across their entire range. Listing this species under the Endangered Species Act (ESA) is a huge step towards their continued existence, offering substantial federal protections that have historically been massively successful in bolstering populations of other listed species. To ensure the hellbender is officially listed, we need you to comment in support of protecting them through the ESA.

Hellbenders experience population decline as a result of sedimentation, water quality degradation, and habitat loss. Impacts from Hurricane Helene also displaced hellbender populations, severely degrading available habitat in some of the healthiest parts of their range. Since the ESA is so successful in protecting vulnerable species and bolstering declining populations, it is crucial that the hellbender be listed and protected as quickly as possible.

Please comment now to support listing the eastern hellbender as a federally protected species under the Endangered Species Act. Remember to make your comment your own – unique comments carry more weight with agency staff. Comments are due February 11, 2025.

MT Raleigh Report: Politics, Disaster Relief, and the Fight for Western North Carolina’s Future

What a year – in Raleigh and, of course, in Western North Carolina.

Among the many lessons those of us here in the mountains learned, again, this year is that what happens – or does not – in Raleigh has a real impact on our communities, our mountains, and our future.

Certainly, that has to be one of the takeaways about the North Carolina General Assembly’s response to the disaster that hit the mountains a couple of months ago. Since September, the legislature has approved three bills that included disaster-related funding for a total of $1.13 billion in state funds. Click here for an overview of the legislature’s efforts on the disaster to date.

The most recent of these bills is SB382, which included $225 million transferred to a state fund for disaster relief but NOT approved for any specific program or project. Leaving that transfer aside, SB382 included a mere $32 million approved for disaster relief. The remaining balance must be earmarked and approved by the legislature before it reaches WNC.

Beyond the first dozen or so pages loosely focused around disaster relief are over 100 pages of “Various Law Changes,” the real meat of SB382 designed largely to shift power away from the executive branch. This power grab disguised as disaster relief caused three WNC Republican Representatives – Mike Clampitt, Karl Gillespie, and Mark Pless – to join Democrats in voting against the bill, although it passed both the House and Senate in otherwise party-line votes. It also prompted Governor Cooper to veto the bill, but his veto was later overridden by Republican supermajorities in both chambers and became law. Despite their initial opposition to the bill, Clampitt, Gillespie, and Pless all voted to override the veto and allow the bill to become law.

So why is disaster relief getting held up? It’s certainly not because money’s tight. State Budget officials recently told a legislative committee has a whopping $9.1 billion in inappropriate reserves, including almost $4.8 billion that was in the state’s “rainy day fund” itself when Helene hit, plus $1 billion in a stabilization and inflation reserve and another $732.5 million in a emergency response/disaster reserve. Legislators could also use another $1.1 billion from savings and still remain in compliance with state law.

Gov. Cooper’s request for a $3.9 billion state set-aside for hurricane relief presumed the use of about $3.5 billion from these sources.

So, if money is not the problem, what is the hold up on state disaster relief? For their part, budget writers for the Republican majorities in the House and Senate argue that it’s smart policy to hold back state relief funding and allow federal disaster relief to make its way to the region. They worry that if state funds are used on efforts that are eligible for federal relief, the feds may not reimburse the state for its recovery efforts. GOP budget writers say it’s better to let the federal money be the first in – and the state funding the last to address needs FEMA and other federal programs do not get to. They also point out that Congress is likely to provide more money for WNC recovery before the end of 2024.

The problem with waiting, of course, is that many in WNC need help, now, for things we know that the federal government won’t pay for. Many small business owners, for example, can’t afford to take on more debt via the disaster loan programs offered by FEMA. Without direct grants, many business owners say their businesses won’t survive the disaster.

Debris removal is also an urgent need. While the federal agencies and the North Carolina Department of Agriculture and Consumer Services have both state and federal funds to help local governments clear rivers of storm debris, these funds are often restricted to trees and other natural debris – not the cars, trucks, and tons of garbage that were swept into every river basin in the region – and are further restricted to those debris jams that pose a risk to flooding or structural damage. The funding is also distributed locally, making regional clean-up efforts more difficult to get up and running. And timing is important: our rivers and streams need to be safe and ready to use come spring when the outdoor recreational season brings thousands of visitors and their dollars to the region.

With those waters – and our outdoor economy – in mind, MountainTrue has asked legislators to fund a regional debris clean-up effort that is also supported by the outdoor recreation industry’s umbrella group, the Outdoor Recreation Coalition. Our goal is to employ those in the outdoor industry, who have been displaced by the disaster, to clear out tons of debris in time for the start of the recreation season this spring. Despite the legislature’s reluctance to use state funds for this kind of effort, MountainTrue has started a small pilot program in Madison County with private funds that will make some popular whitewater safe for paddlers early in 2025.

We plan to use this pilot to continue to lobby legislators for debris removal funding – and employment for those put out of work by the disaster. Early word in Raleigh is that legislators will take up a state-funded package of disaster recovery efforts early in their 2025 session, which begins in late January.

Looking further back into the legislature’s work this year doesn’t provide much more to celebrate. With GOP supermajorities in both the House and Senate AND a budget surplus topping $1 billion, legislative leaders were unable to muster the votes to send a revised budget for FY2024-2025 to Gov Cooper this summer. In the absence of a revised budget, they left the surplus uninvested and dozens of important conservation projects, including many in WNC, unfunded.

Unfortunately, the 2025 legislative session doesn’t provide much hope that lawmakers will address the many issues facing North Carolina. With the GOP supermajority now gone in the House, the 2025 session promises to be a drawn-out stalemate between the GOP leadership in the General Assembly and Governor-elect Josh Stein, a Democrat.

For its part, MountainTrue will continue to be in the middle of debates about disaster recovery and rebuilding, clean water and air, and sustainable development and rebuilding. Thank you for the investments you make in MountainTrue and its work in Raleigh – we couldn’t do it without you.

Protect the Nolichucky River: Tell NC DEQ: Require Responsible Railroad Build Back by CSX

This action has expired

Photo courtesy of Jubal Roe.

We need you to tell North Carolina’s Department of Environmental Quality (DEQ) to require railroad company CSX to apply for a permit to rebuild in the Nolichucky River Gorge. Please email Regional Supervisor Andrew Moore to request that DEQ make CSX apply for a permit.

Take Action + Tell NC DEQ: Require Responsible Railroad Build Back by CSX

Through their rebuilding work, CSX has left extensive damage in their wake on the Tennessee side of the Gorge. Fortunately, the U.S. Army Corps of Engineers has prohibited CSX from mining rock from the Nolichucky or its tributaries until new approvals are in place. North Carolina’s DEQ can ensure that the NC stretch of the Nolichucky does not experience the same damage as the Tennessee side by requiring CSX to apply for an additional permit prior to rebuilding. This permit must prohibit removal of rock below the Ordinary High Water Mark.

The Army Corps’ mandate follows an immediate cease and desist and notice of violation issued by Tennessee’s Department of Environment and Conservation (TDEC) to CSX. TDEC found that CSX mined rock well below the Ordinary High Water Mark, causing significant damage to the riverbed. The damages caused by CSX will now be the responsibility of Tennessee taxpayers. North Carolina’s DEQ can prevent the same fate by requiring CSX to apply for a permit that allows the railroad to rebuild, but prevents the removal of rock below the Ordinary High Water Mark. The permit should also require that CSX remove all leftover materials and temporary access roads following completion of their work.

Please take action to protect North Carolina’s side of the Nolichucky River Gorge and ensure that CSX, not NC taxpayers, are financially responsible for rebuilding the railroad. As always, thank you for your attention and action!