Post-Helene Watershed Report: Broad Riverkeeper

Since the morning of September 27 when Helene hit North Carolina, I’ve been joining others who are pitching in to support neighbors, friends, and community members. We’ve cleared trees and limbs from driveways and roads, shared meals with neighbors, and volunteered to provide food to disadvantaged communities. We’ve been out in the field taking water samples to monitor water quality in the Broad River and tributaries, and sharing those results with river residents and river users. Communications with NCDEQ about Waste Water Treatment Plant failures and sewer overflows continue to inform us so that we can keep you informed. River sweeps, debris and blockage removal, and access cleanups will be a priority through the spring.

Three weeks out from the storm we realize, Mother Nature and the river will do what they are meant to do. All that water knows to do is flow downhill to the coast, and it has taken the path of least resistance. Unfortunately, human development can sometimes be in that path. We must learn to be more prepared for the changes that are sure to come with nature’s progression. Homes, businesses, and infrastructure built in our floodplains are not sustainable.

One example is the Waste Water Treatment Plant (WWTP) at Lake Lure. Built in the floodplain below the Lake Lure dam and over 50 years old, the treatment plant was inundated by flood waters during Hurricane Helene. It is now inoperable, and sewage from the collection system has been released into the Broad River below the Lake. We have been monitoring water quality for the last three weeks between Lake Lure and the Broad River Greenway — about 50 miles of river. Encouraging results are in from water sampling on October 21 with Rutherford Outdoor Coalition. Three weeks ago, there were very high concentrations of bacteria just downstream of Lake Lure and its damaged wastewater treatment plant. Two weeks ago, the bacteria was starting to be seen about 20 miles downstream at Grays and Coxe Road accesses. Last week, the bacteria had shown up at our Broad River Greenway in Boiling Springs, about 50 miles below the Lake.

Though the levels are not extremely high (150 mpn, compared to the safe swimming recommended level of 126), we are still advising people to not swim in the river at this time. Conditions can change rapidly and we want you all to be safe.

Look for updates on our social media pages: Broad Riverkeeper Instagram + Facebook.

Hang in there, ask for help, and offer help where you can.

-Broad Riverkeeper David Caldwell

Volunteer Safety Guidelines Post-Helene: Personal Protective Equipment

Volunteer Safety Reminder: Always Wear Your PPE During Cleanups!

As more volunteers participate in river clean-ups and other recovery activities, many will be coming into contact with mud, sludge, sediment, and dust left behind by the storm. These materials may contain higher levels of pollutants and contaminants, so it’s important to take the necessary precautions to protect yourself.

To work safely, we recommend using the following personal protective equipment (PPE):

✔️Rubber boots that can be easily cleaned to prevent cross-contamination.

✔️Rubber gloves to protect your hands from direct contact with contaminated materials.

✔️N95 masks (or better) to reduce inhalation of harmful dust and particles.

✔️Long sleeves to protect your arms from direct contact with potentially harmful substances.

✔️Waterproof bandages to cover any cuts or abrasions, reducing the risk of infection.

✔️Safety glasses or goggles to shield your eyes from mud particles and dust.

After your clean-up activities, be sure to shower as soon as possible to remove any remaining contaminants from your skin and clothing. Given the lack of running water in many areas, you may want to arrange your shower plans before signing up for a clean-up. It’s also a good idea to make sure you are up to date on your tetanus shot.

By following these guidelines, you can help ensure your safety while helping our community recover.

MountainTrue Calls on EPA to Protect NC Waters from Legislative Sabotage

The following is a letter sent to our members on Wednesday, August 28, 2024, announcing MountainTrue’s decision to petition the U.S. Environmental Protection Agency to withdraw North Carolina’s authority to regulate water pollution.

Dear members and supporters,

I’m writing to share some important news with you regarding the future of North Carolina’s water quality, environment, and public health. MountainTrue has always been committed to safeguarding the public water resources of Western North Carolina. Our mission to protect the health of our waterways and the well-being of our communities has never been more critical. However, the obstacles we now face have made it clear that the state cannot meet its obligations under the Clean Water Act.

Therefore, MountainTrue has joined the Southern Environmental Law Center, Cape Fear River Watch, Environmental Justice Community Action Network, and the Haw River Assembly in filing a formal petition asking the U.S. Environmental Protection Agency to withdraw North Carolina’s authority to regulate water pollution. This action is necessary because the state legislature has crippled the NC Department of Environmental Quality’s ability to protect our waterways, drinking water sources, and communities from harmful pollution.

As with most states, EPA delegates authority to North Carolina to regulate pollution from industry and wastewater treatment plants into rivers, lakes, and other waters through the “National Pollutant Discharge Elimination System” program. This means the state takes on EPA’s legal duty to issue water pollution permits that protect North Carolina waters, to solicit participation from the public, and to enforce against any polluters that violate water quality laws.

Unfortunately, the North Carolina General Assembly has systematically undermined the Department of Environmental Quality and the Environmental Management Commission to the point that the state can no longer effectively protect our waters.

These legislative actions have led to weakened permits, an inability to regulate toxic chemicals effectively, and a state budget that leaves DEQ severely underfunded. As a result, industrial facilities are allowed to operate under expired permits with outdated protections, efforts to better protect the public and enforce against polluters are routinely blocked, and North Carolinians are exposed to more pollution in our waterways and drinking water sources.

Moreover, recent changes to state law have given final authority over water pollution permits to the North Carolina Office of Administrative Hearings, an entity that is not equipped to prioritize public health and environmental safety. This shift not only sidelines DEQ’s expertise but also cuts the public out of the permitting process altogether.

Given these circumstances, we believe that the only path forward is to request that the EPA reclaim its authority over water pollution regulation in North Carolina. This is a drastic measure, but one that is necessary to ensure that our waters and communities are protected from the serious threats posed by unchecked pollution.

We understand that this news may be concerning, and we want to assure you that MountainTrue will continue to fight tirelessly for clean water and healthy communities. We will keep you informed of any developments as the EPA considers our petition and takes action.

Thank you for your continued support and commitment to protecting our precious public waters.

Sincerely,

Gray Jernigan
Deputy Director & General Counsel

Resources:

Press Release: Legislative actions leave North Carolina unable to protect water and communities, groups warn EPA – Southern Environmental Law Center

Petition: 2024.08.28-SELC-NC-De-Delegation-Petition.pdf (southernenvironment.org)

MT Raleigh Report: NC State Budget Update – July 2024

When – or if – the history of the 2024 legislative session of the North Carolina General Assembly is ever written, it will be recalled more for what lawmakers were NOT able to accomplish than what they managed to do.

The General Assembly’s paralysis was most striking in its attempts to approve a revised budget for the 2024-25 fiscal year. Lawmakers approve a two-year budget in odd-numbered years and adjust the second-year spending plan in even-numbered years to account for fluctuations in revenue, salary increases for state employees, and dozens of other needed changes.

Despite months of negotiations, veto-proof Republican majorities in both the House and Senate AND a revenue surplus of more than $1 billion, the GOP-controlled House and Senate were unable to agree on a revised budget. Instead, they approved very limited funding bills to provide modest, stopgap assistance for childcare centers and a few other items.

In the absence of a revised budget, the FY24-25 budget approved last year remains in place, but leaves the state’s massive budget surplus sitting, uninvested, in the state’s coffers until lawmakers decide to act – most likely during next year’s long session, which begins in January.

For MountainTrue – and Western North Carolina – the budget stalemate means that our requests for investments to help reduce water pollution in the French Broad, to improve paddle trails on the First Broad and Watauga Rivers, and to fund a variety of nonpartisan outdoor recreation projects across the region will have to wait at least another year. You can find a list of MountainTrue’s legislative priorities here.

The paralysis in Raleigh was not limited to the budget. Dozens of bills – most of them noncontroversial – died in committee, held hostage in vain efforts by both the Senate and House to force the other to come to the table on unrelated issues. Among the victims: a bill to require local governments to pass ordinances encouraging “accessory dwelling units”. MountainTrue supported this legislation – which was approved by the House last year nearly unanimously – as a noncontroversial way to increase affordable housing stock without encouraging sprawl, among other environmental benefits to building more densely in already developed urban areas. Unfortunately, the bill was never heard in the Senate and will have to start from the beginning of the legislative process next year.

Despite our frustrations with the General Assembly, MountainTrue will continue to advocate for a clean, healthy mountain region in the state capital. We are already drawing up plans for our 2025 priorities and meeting with lawmakers in their home districts to discuss our to-do list for next year. Your support of MountainTrue makes this work possible – thank you for being part of our lobbying team.

Petition to Designate the First Broad River as a State Trail

The First Broad River is a gem in North Carolina, offering stunning natural beauty, recreational opportunities, and economic benefits for our community. By designating it as a State Trail, we can ensure its enhancement for future generations. Join us in urging the North Carolina General Assembly to recognize the value of this vital waterway. Your signature on our petition will help us preserve this natural treasure and expand access for all to enjoy. Sign today and make a difference!

MountainTrue Advocates for Environmental Priorities During Raleigh Lobbying Trip

Photo: MountainTrue’s Legislative Advocacy Team sits down with Senator Tim Moffitt to discuss the specifics of a proposed Accessory Dwelling Unit (ADU) bill.

At the beginning of May, the MountainTrue legislative advocacy team embarked on a lobbying trip to Raleigh, marking our first visit to the NC General Assembly’s short session. This trip was instrumental in advancing our legislative agenda and fostering meaningful conversations with key lawmakers.

We extend our heartfelt thanks to Representatives Dudley Greene, Jimmy Dixon, Jake Johnson, Jennifer Balkcom, Eric Ager, Ray Pickett, and Senators Warren Daniel, Kevin Corbin, Tim Moffitt, and Julie Mayfield. We also appreciate the staff of House Speaker Tim Moore and Senate President Pro Tempore Phil Burger for their valuable time and engagement.

Senator Kevin Corbin

Senator Kevin Corbin with MountainTrue High Country Director and Watauga Riverkeeper Andy Hill.

Senator Julie Mayfield

MountainTrue’s Legislative Advocacy Team with Senator Julie Mayfield.

Representative Jimmy Dixon

MountainTrue’s Gray Jernigan, Nancy Diaz, and Bob Wagner, posing for a photo with Representative Jimmy Dixon.

During our meetings, we discussed the various programs, projects, and policies that MountainTrue supports. We shared our legislative priorities for the session, receiving positive feedback and valuable insights from our legislators. Here are the key initiatives we are focusing on this year:

Helping Property Owners Reduce Stormwater Pollution

The Community Conservation Assistance Program (CCAP) is a vital initiative that allows local soil and water districts to assist property owners in reducing stormwater pollution. Unfortunately, the demand for CCAP exceeds its current funding. By advocating for dedicated funding for the CCAP program, particularly in the French Broad River watershed, we aim to significantly reduce stormwater pollution in areas frequently used for recreation.

Supporting Rural Families with Failing Septic Systems

MountainTrue has partnered with NC DHHS to administer funding for repairing failing septic systems in Western North Carolina. This partnership has inspired Buncombe County to launch its own septic repair program. We are pushing for grants to local health departments in WNC to enable other counties to establish their own programs, thereby improving public health and environmental quality in rural areas.

Expanding E. coli Monitoring in the French Broad River

By expanding the state’s real-time E. coli bacteria detection program in the French Broad River, we can provide the public with accurate and timely information about bacteria pollution levels. This expansion is crucial for ensuring the safety of the river, which is heavily used for recreational activities.

Securing State Trail Designations for Paddle Trails

We are working to secure State Trail designations for the First Broad River in Cleveland County and the Watauga River in Watauga County. These designations will accelerate the development of paddle trails, enhancing recreational and economic opportunities for local communities.

Advocating for Local Projects and Smart Infill Development

MountainTrue is actively seeking funding for several local projects, including dam removals, trails, and greenways throughout the WNC region. Additionally, we are advocating for legislation that mandates local governments to adopt ordinances permitting the construction of accessory dwelling units in residential areas. This initiative aims to promote smart infill development, address the housing shortage, reduce the climate impacts of commuting, and protect rural areas from sprawling development.

Stay Connected and Support MountainTrue

As the session progresses, we will continue to update you on our advocacy efforts and achievements. Your support is crucial in ensuring that WNC has a strong voice for the environment in the General Assembly. MountainTrue is proud to be the only environmental organization in WNC with a full-time presence in Raleigh, and with your continued support, we can make a significant impact.

Thank you for standing with us in our mission to protect and preserve the environment in WNC. Stay tuned for more updates and action opportunities!