MT Raleigh Report Yearly Wrap Up: The Budget, Wins for the Environment and Looking Ahead to 2020

Dec. 10, 2019

It’s been a strange year at the North Carolina General Assembly.

There have been lots of votes – and vetoes – on various budget bills, but no final state budget. There was just a smattering of problematic environmental bills, the worst of which either didn’t pass or were defanged before becoming law.

Then there’s the legislative session itself, which started in January but didn’t end until Halloween – only to be serialized in November and when the legislature is scheduled to come back in January.

Confused? No worries. We’re here for you with a quick rundown on what happened this year at the legislature and where things stand as the political stalemate between Governor Roy Cooper and the GOP-controlled legislature continues into the new year.

The Budget

You’ll recall that Governor Cooper vetoed the legislature’s budget for the 2019-2021 biennium earlier this summer. Governor Cooper wants the General Assembly to include expanded Medicaid coverage for more than 500,000 North Carolinians in the budget. Most Republicans in the legislature disagree. The result is a political and policy battle in which the two sides have been sparring about budget issues all year. In a surprise September vote, the House overrode the Governor’s veto, but the Senate has not been able to find the votes needed to complete the override. Thus the state’s budget stalemate.

With a budget deal stalled, the legislature has moved sections of their overall budget into separate “mini-budget” bills and sent them to Governor Cooper – some of which he has signed, while vetoing others.

So what does the budget battle mean for the environment? For starters, important funding for open space conservation has not been approved. Also held up is funding for a variety of conservation and water quality projects that MountainTrue supported in the legislature’s budget this year. The budget stalemate has also stalled funding for expanded water quality testing in the French Broad River and other WNC rivers to address E. coli pollution that can make people sick.

The budget impasse also cuts off new investments in the NC Department of Environmental Quality’s ability to protect water quality. The Cooper administration requested 37 new water quality positions, of which the legislature funded five. DEQ Secretary Michael Regan described the legislature’s budget for the Department as insufficient to protect the state’s natural resources.

When will the budget battles in Raleigh end? That’s the $24 billion question. Senate Republicans need just one or two Democrats to join them in overriding the Governor’s veto. So far, the Democrats in the Senate are sticking with Governor Cooper, who continues to call on GOP lawmakers to negotiate a budget deal. Lawmakers will return to the legislature on January 14 to continue their 2019 work.

Environmental Wins

Without the veto-proof majorities necessary to easily override Governor Cooper’s veto, Republican lawmakers have significantly reduced the number of bills sent to the Governor for approval. This has resulted in fewer environmental bills being taken up, let alone approved, during the 2019 session.

The biggest environmental bill of the session, SB559, put renewable energy advocates as well as many industries on red alert over a provision to allow the North Carolina Utilities Commission to approve electrical rate increases up to five years in advance in a single proceeding. Advocates including MountainTrue were concerned that the bill would reduce public feedback and transparency about rate increases, making it easier for utilities to pass costs onto their customers. The bill would have also allowed utilities more cushion on their allowed earnings, including a “band” of allowed profit above and below a certain percentage.

After months of debate, a veto threat by the Governor, and weeks of behind-the-scenes negotiating, the most controversial sections of the bill were turned into a study and the bill was signed into law by Governor Cooper. This was a big win for renewable energy supporters and consumer advocate groups.

This moderating trend for environmental bills also showed up in the debate about a bill reducing local governments’ regulation of billboards. After a veto by Governor Cooper this summer, supporters of the bill have been unable to muster the votes necessary to override the veto, essentially killing the bill altogether – and giving environmentalists and local governments another win.

And for those of you in need of an unarguably positive and feel-good environmental story, we give you the legislature’s authorization of the new Pisgah View State Park, which will preserve 1,600 acres in Buncombe and Henderson Counties. Three Republican Senators – Senator Chuck Edwards, R-Buncombe, Henderson, Transylvania; Senator Ralph Hise, R-McDowell, Mitchell, Polk, Rutherford and Yancey; and Senator Jim Davis, R-Cherokee, Clay, Graham, Haywood, Jackson, Macon and Swain, introduced the bill in April. It was passed unanimously by the Senate in June and by the House in early July, where it was championed by Representative Brian Turner, D-Buncombe, and Representative Chuck McGrady, R-Henderson. The park is expected to cost $18.1 million and to take five years to complete.

Looking Ahead

With the General Assembly out of session until January 14, its agenda in the new year is still unclear. Senate Republicans will almost certainly continue to try to find a few Democrats to help them override the Governor’s budget veto. If the Senate does not override the budget veto, the legislature may continue to send Governor Cooper more mini-budget bills. Some House Republicans, led by Rep. Chuck McGrady, would also like to invest state funding in a variety of strategies to make North Carolina more resilient to storms and flooding – not only on the coast but, hopefully, in the mountains as well. These strategies include increased funding to buy out industrial hog operations with a history of pollution problems in the flood plain, as well as assistance to local governments to improve flood control infrastructure. While the Senate’s appetite for these investments is unclear at the moment, MountainTrue will support these appropriations and remind all legislators that, like the coast, WNC needs new investments to prepare for the bigger and more frequent storms and fire seasons we can expect as a result of climate change.

Finally, a note of thanks. MountainTrue is the only WNC environmental organization with a lobbyist in Raleigh. This makes us a stronger advocate for our region in the state capitol, which wouldn’t be possible without your support. Thank you for your part in our 2019 policy work, and we hope you will continue to be part of our team here in WNC as well as in Raleigh in 2020.

Healthy Forests = Good Fishing

by Fred Mix

I’ve been an avid fisherman since before I could speak. In fact, I’ve even got a photo of me holding up a fish I caught from when I was still in diapers. And in all my time fishing, I’ve never been as concerned about the health of our rivers and streams as I am now.

That’s why I support MountainTrue — they help keep our rivers and streams fishable and clean.

One of my favorite fishing spots lies just below the Forest Service’s proposed Buck Project timber sale. The exact spot is this fisherman’s secret, but it’s a beautiful stream designated as an Outstanding Resource Water by the NC Department of Environmental Quality. Buck Creek is one of the largest and most biologically diverse of its type in WNC. It’s also the largest tributary of the Nantahala River above the headwaters, where there is no commercial development.

Not long ago, the Forest Service invited me and other stakeholders to tour the Buck Project site and assure us that we had nothing to worry about. They’re planning to cut new roads, bury culverts to redirect water and then to take them out when they finish up. While they told me this, all I could think about was all the water and mud that would wash right down the valley into Buck Creek. If they push this project through, our pristine waterway is gone. The Forest Service staff are good people, reasonable and smart, but are dead set on cutting those trees no matter the cost.

When I was younger, we caught a fish and we killed it. We were takers back then. Now I catch and release because I’m more interested in preserving what we have. Unfortunately, the Forest Service is stuck in the taking mode.

You can help protect our Nantahala and Pisgah National Forests by supporting MountainTrue’s PublicLands Team. Join as a MountainTrue member today and protect places like Buck Creek – because it’s the right thing to do, now and for future generations.

Fred Mix is a life-long Fisherman & MountainTrue supporter. He was born in New Orleans, raised in Atlanta, and has lived most of his life somewhere between Bluffton, SC and the Nantahala Gorge. Fred spent 11 years in the fire service, and has maintained a boat brokerage business for the last 30 years. He is an avid fisherman who volunteers his time and expertise surveying fish populations in Nantahala.

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Tell Buncombe County’s Board of Commissioners: Thanks for Voting for the Solar RFP. Now, Make Solar Energy a Reality.

Action Expired

On November 5, Buncombe County’s Board of Commissioners voted 6-1 to request proposals for solar energy on county-owned buildings and land. With their vote, the County has taken a crucial first step in walking their talk on renewable energy. It also puts them on the right path to meeting their commitment to transition Buncombe County’s government operations to 100% renewable energy by 2030.

But this is just a first step. When they discussed renewable energy before the vote, some Commissioners weren’t convinced that it’s an urgent priority. They need to hear that Buncombe County residents want them to go beyond exploring renewable energy to funding and building it – and that they need to get started as soon as possible.

Take action below to tell Buncombe County Commissioners: Thank you for voting to approve the solar request for proposals (RFP). Now, fund solar energy when proposals come back in the spring.

Meet the 2019 MountainTrue Award Winners

MountainTrue is proud to announce our annual award winners for 2019. These awards are given to MountainTrue members and volunteers who have been outstanding in their commitment to preserving WNC’s natural heritage. Awards will be formally presented at our Annual Gathering on October 23 at New Belgium Brewing Company in Asheville.

The awards are as follows:

Esther Cunningham Award Winner: Katie Breckheimer
This award is given in honor of Esther Cunningham, the founder of the Western North Carolina Alliance, and is MountainTrue’s most prestigious award.

Katie Breckheimer has been a leader in environmental advocacy in WNC for over three decades. She was active with the Environmental and Conservation Organization (ECO) in Henderson County, and then was crucial to the success of the transformative 2015 merger between ECO, the Western North Carolina Alliance (WNCA) and the Jackson-Macon Conservation Alliance (JMCA) that created MountainTrue. Not long after the merger, Katie’s natural capacity for leadership and her commitment to our work led her to serve a term as MountainTrue’s Board Chair.

Katie has played a major role in advocacy efforts including green energy, promoting greenways and recycling, and stopping coal ash pollution and expansion of Asheville’s Duke Energy power plant. Katie launched and continues to host Green Drinks in Hendersonville, a monthly social gathering and lecture series on environmental issues. Her passion for and dedication to environmental protection is beyond compare, and has positioned her as a leading voice for natural resources across the region.

Volunteer of the Year for the High Country Region: Chris Souhrada

Shortly after moving to Banner Elk, Chris connected with MountainTrue and immediately became one of MountainTrue’s most dedicated and reliable volunteers in the High Country. Chris has been a long-running water quality volunteer with the Volunteer Water Information Network (VWIN) program. High Country Regional Director Andy Hill calls him “the MVP and anchor of the water quality team who covers for others when needed, goes above and beyond what is asked of him and is always willing to help with other projects like livestaking and non-native invasive removal.” In general, Andy says Chris is just a hell of a guy and we are pleased to award him our High Country Region Volunteer of the Year!

Volunteers of the Year for the Southern Region: Kay Shurtleff and Lucy Butler

Kay and Lucy have both been committed volunteers with MountainTrue’s Southern Regional Office water quality monitoring programs for over a decade. Together they coordinate over 30 water testing sites by collecting samples from all of the volunteers and transporting them to the lab every month. They also participate in and coordinate biomonitoring for water insects in local streams twice per year. In addition to their ongoing commitments to our water programs, they have helped with a variety of other initiatives including Christmas tree recycling, river cleanups, local festivals, and advocacy at public meetings. Southern Region Director Gray Jernigan says “they are two of our most dedicated and reliable members and set the example by being great stewards of our natural environment.” Congratulations Kay and Lucy!

Volunteer of the Year for the Western Region: Charlie Swor

As the former secretary of the Hiwassee River Watershed Coalition (HRWC) board of directors, Charlie worked hard on the complex and successful merger between HRWC and MountainTrue this past summer. Charlie also participates in our volunteer water quality monitoring program, taking monthly water chemistry and E. coli measurements from Corn Creek. He spearheaded a partnership between Young Harris College and HRWC for management of the Corn Creek riparian corridor, creating a much healthier stream environment and a more pleasant walk on the college’s streamside trail. Charlie float-fishes area rivers on a regular basis and lets us know when he discovers issues that might impact water quality. “Charlie is one of those ‘go-to’ guys when we need help with set-up for an event or really any ‘ole thing,” says Western Regional Director Callie Moore. “If he’s not busy and his wife, Rachel can take care of the kids (thanks Rachel!), he’s there!”

Volunteer of the Year for the Central Region: Erin Gregory

Erin has been a key volunteer for the French Broad Riverkeeper program for the last two years, spending hours each week collecting water samples that have led to the team finding no fewer than three major sewer issues. When French Broad Riverkeeper Hartwell Carson and Watershed Outreach Coordinator Anna Alsobrook were out of town earlier this summer, Erin texted them to report an issue and then also contacted the North Carolina Department of Environmental Quality on their behalf to instigate a quicker response. She has single-handedly created a French Broad River Festival for our Beer Series at The Wedge, including gear builders, outfitters, and other local producers, and she prompted the Asheville Yoga Center to designate MountainTrue their Charity of the Month. We couldn’t do it without you Erin!

Update on the Buck Project in Nantahala National Forest

MountainTrue’s Public Lands Biologist, Josh Kelly, next to a “temporary road” built in 2012 in Nantahala National Forest.

In August, Forest Service staff for Nantahala National Forest made their final decision on the Buck Project. As you may remember, the Forest Service had selected Alternative B as its proposed alternative in April, and we called on you to oppose this project because it would have harvested 845 acres of timber and constructed 9.1 miles of new road – much of that in sensitive places like existing old-growth forests, Outstanding Resource Waters, Natural Heritage Areas, and the Chunky Gal potential Wilderness addition.

In response, the Forest Service created a new alternative for the project, Alternative G. In the positives column, Alternative G includes understory thinning and controlled burns in the Buck Creek Serpentine Barrens. It also calls for watershed repairs in areas where old roads, culverts and infrastructure are causing erosion and blocking the passage of aquatic organisms. But unfortunately, Alternative G still proposes to build 8.9 miles of road and to harvest timber in sensitive areas.

Here’s where MountainTrue stands on the Forest Service’s new alternative:

We support Alternative G’s inclusion of water quality work and activities in the Serpentine Barrens.
While we welcome the reduction of timber harvest by 50 acres to protect old-growth forest and a North Carolina natural heritage area, as well as the .2 miles of reduced road construction, these are very small changes around the margins. This project still does tremendous harm to wild places, soil and water, old-growth forest, and goes against the wishes of hundreds of people that commented on the project.
Alternative G would still build new roads and harvest timber in one of the wildest places in North Carolina – the Chunky Gal Addition to Southern Nantahala Wilderness. At over 7,000 acres, this is the largest potential addition to an existing Wilderness in North Carolina, and one of the wildest, most remote, and ecologically healthy places in Nantahala National Forest. Proceeding with Alternative G would surely disqualify thousands of acres of Chunky Gal from management as either Backcountry or Wilderness for at least 20 years. This at a time when there is broad public support for protecting the area in the new Nantahala-Pisgah Forest Management Plan.
The 8.9 miles of road construction will have considerable risks for erosion, landslides, and the spread of invasive plants. The Forest Service has over 2,200 miles of roads in Pisgah and Nantahala National Forests, yet they want to build more in the wildest remaining places. They are proposing a 10-mile roundtrip haul and 2 miles of new road construction to access just 50 acres of timber on Kitty Ridge. The new road would cross rock outcrops and extremely steep slopes, which increases the risk for erosion and landslides. The value of the timber being accessed is likely to be less than the cost of constructing this “temporary” road!
In compartment 110, the Forest Service still proposes to build a 14-16 foot-wide “temporary” road paralleling an unnamed tributary of upper Buck Creek. Both Buck Creek and this tributary are known to be native brook trout streams that are already under stress from non-native trout. Road construction will further jeopardize this fragile brook trout population.
Alternative G still contains existing old-growth forest with trees over 200-years-old in at least three locations. The Forest Service claims to be working with MountainTrue to exclude these areas from harvest, but still has them mapped inside harvest areas. The simplest solution would have been to exclude those areas from the decision to harvest. What happens if and when there is a disagreement about the location and boundaries of existing old-growth? The decision makes no promises in this regard.

MountainTrue continues to push for a modified Alternative D, which the Forest Service has acknowledged would meet the purpose and need for the Buck Project. We will object to the Buck Project, as this is our last recourse short of going to federal court. The Forest Service has not been responsive to our concerns on recent problematic decisions in the Mossy Oak and Southside Projects, and does not seem inclined to fix the problems with the Buck Project either.

It’s also come to our attention that those who commented on the Buck Project through MountainTrue’s comment portal received a message from Steverson Moffat, NEPA Planning Team Leader for the Forest Service. While we’re glad that the Forest Service is taking the time to engage with people who comment on their projects, we have a very different take on the Buck Project than what Moffat’s message shared. You can read our response here.

The Forest Service proposed the very flawed Buck Project in early 2018. They have now made changes around the margins of the problem they created and called this a balanced compromise. Any compromise that relies on compromising the health of the land and water is unacceptable to MountainTrue.

Sincerely,

Josh Kelly, Public Lands Biologist for MountainTrue

Renewal: Celebrating the Merger of Hiwassee River Watershed Coalition and MountainTrue

Local favorite Gnarly Fingers will play during the merger celebration event on August 17th. From left to right, band members are Brian Kruger, Tom Edwards, Pat List, Joann Holoman, and Keith Layton.

For Immediate Release

Media Contacts:

Karim Olaechea, MountainTrue Communications Director
C: 415-535-9004, E: karim@mountaintrue.org

Callie Moore, MountainTrue Western Regional Director
C: 828-837-5414, E: callie@mountaintrue.org

Renewal: Celebrating the Merger of Hiwassee River Watershed Coalition and MountainTrue

Brasstown, N.C. — MountainTrue invites everyone to a celebration of its recent merger with the Hiwassee River Watershed Coalition (HRWC). The event will be held at the Staurolite Farm Barn in the Trout Cove community of Brasstown, NC on Saturday, August 17, 5:30-9:00 p.m.

Long-time members and supporters of HRWC will join with staff and local members of MountainTrue for food, games, music, dancing and fun. Program coordinator, Tony Ward, will offer a tour of one of the Coalition’s oldest stream restoration projects, Trout Cove Branch, and live music will be provided by local favorite Gnarly Fingers.

The merger represents a renewal of MountainTrue’s roots in far Western North Carolina, as well as a renewal of the Hiwassee River Watershed Coalition’s programs. This event is a great opportunity to learn more about MountainTrue and its current and future work. Admission is free, but please RSVP online at: https://mountaintrue.org/event/21549/ or call 828-837-5414.

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