MountainTrue Raleigh Report: The End (of the Session) is Near, CCA Goes to Raleigh & More

MountainTrue Raleigh Report: The End (of the Session) is Near, CCA Goes to Raleigh & More

MountainTrue Raleigh Report: The End (of the Session) is Near, CCA Goes to Raleigh & More

CCA members with just some of the legislators they’ve met with this week in Raleigh. From left to right: Holly Cunningham (CCA), Alan Rosenthal (CCA), Rev. Scott Hardin-Nieri (CCA), Rep. Susan C. Fisher, Sen. Terry Van Duyn, Rep. Brian Turner, Rev. Bill Garrard, Rep. John Ager, and Rev. Kevin Bates (CCA). 

2018 Farm Act, Veto Overrides and Constitutional Amendments

The 2018 North Carolina General Assembly has started its slow march toward adjournment. Here’s a quick update about what to expect before legislators go home.

Last week, lawmakers approved a flurry of bills in anticipation of an expected adjournment later this month. Lawmakers plan to restrict their work during the remainder of June to local bills and constitutional amendments – which do not require the Governor’s signature – as well as veto overrides. Keep in mind that veto overrides require a three-fifths vote in both chambers, or 72 votes in the House and 30 votes in the Senate. A three-fifths vote is also required to place a constitutional amendment on the ballot.

On the veto override front, the two biggest environmental bills of the session – the 2018 Farm Act and the legislature’s annual regulatory “reform” bill –  are now on the Governor’s desk. A veto of the Farm Act is widely expected. There are 74 Republicans in the House and 35 in the Senate, so a strict vote along party lines would override the vetoes. However, collecting the needed votes for an override is a very different game in each chamber. Expect the Senate majority to easily and quickly override any veto of these bills. In the House, however, the vote is likely to be much closer, with many environmental groups (including MountainTrue) and other opponents of the bill working hard to find the votes to sustain a veto.

Lawmakers are also expected to consider putting several constitutional amendments on the fall ballot – largely, it appears, in hopes of motivating certain groups of voters to get to the polls. Some of the proposals include a constitutional amendment protecting the “right to hunt and fish,” a voter identification requirement and a limit on personal income taxes.

Creation Care Alliance of WNC Goes to Raleigh

The Creation Care Alliance of WNC traveled to Raleigh this week to meet with legislators. Among the issues they discussed were clean and renewable energy, landslide hazard mapping and trout and hemlock tree protection.

Thanks for supporting MountainTrue’s advocacy efforts. Keep an eye out for our legislative alerts and opportunities to help us speak out for the environment in Raleigh.

Open Letter: We Stand with the City of Asheville in Opposing Cascading Section A of the I-26 Connector Project

Open Letter: We Stand with the City of Asheville in Opposing Cascading Section A of the I-26 Connector Project

Open Letter: We Stand with the City of Asheville in Opposing Cascading Section A of the I-26 Connector Project

This rendering by the Asheville Design Center shares our vision for the Patton Avenue/Bowen Bridge corridor to be a multi-modal, urban boulevard that serves as a gateway to downtown. 
June 18, 2018

French Broad River MPO

339 New Leicester Highway

Asheville, NC  28804

 

Dear MPO leaders:

 

On behalf of our members and supporters, Asheville on Bikes and MountainTrue write in opposition to cascading Section A of the I-26 Connector Project from the statewide to the regional tier of projects.  We firmly believe that negotiations between the City of Asheville and NCDOT on outstanding design questions related to the Connector Project should be completed and incorporated into the final Environmental Impact Statement before the project moves forward. We cannot support cascading Section A until this occurs.

We recognize that the City’s negotiations with NCDOT to date have produced several good outcomes including new bike/pedestrian facilities, good greenway connections, a Section A with six lanes instead of  eight, and a much-improved redesign of the Amboy Road interchange (though no one has yet seen revised maps that reflect these design improvements).  However, there has not yet been success in determining the number of lanes going across the river and in the design of the Patton Avenue/Bowen Bridge corridor.  The City of Asheville remains committed to making this corridor a multi-modal, urban boulevard that serves as a gateway to downtown, but NCDOT is not yet committed to these outcomes.

Until negotiations with NCDOT are complete and the drawings are updated so that the City can say with confidence that the project will increase livability for the residents of Asheville, advance active transportation, and meet the City’s vision for the redevelopment of Patton Ave, we stand with the City of Asheville in opposing cascading Section A.  We strongly encourage NCDOT to continue to work with the City of Asheville to reach agreement on these critical design issues.

 

Sincerely,

 

            Mike Sule, Executive Director                                                                Bob Wagner, Co-Director

            Asheville on Bikes                                                                                    MountainTrue

Stop the Smithfield Foods Protection Act

Stop the Smithfield Foods Protection Act

Stop the Smithfield Foods Protection Act

Action Expired

 

ACT NOW and tell the North Carolina House of Representatives to Vote No on SB711, the 2018 NC Farm Act.

Sections 9 & 10 of the NC Farm Act of 2018 (SB711) were written with one purpose in mind, to shield Smithfield Foods – an out-of-state company owned by Chinese business interests – from a lawsuit brought by people who live near industrial hog farms in Eastern North Carolina.

Sections 9 & 10 are wide-sweeping, and effectively remove the common law of nuisance – one of the basic tools for the public to protect their communities from agricultural polluters. Imagine if a big animal operation moved in across your street and your home value plummets because of the noise, pollution and smell. Under SB711, you would not be able to go to court to protect your family or to recover damages to your home value, not unless your new neighbor is violating some other law. Even then, that may not be enough.

The FACTS about the 2018 Farm Bill and Its Assault on NC Property Rights

Supporters of SB711 say it is needed to protect NC farmers.

FACT: The hog-related provisions of SB711 will protect one company: Smithfield Foods – now owned by Chinese business interests – with more than 3 billion in annual hog sales from a lawsuit currently being litigated RIGHT NOW in federal court by NC attorneys on behalf of NC citizens who live near industrial hog farms in Eastern NC.

Smithfield claims that without the public nuisance provisions in SB711, it will be forced to leave NC.

FACT: Smithfield made similar threats when it faced similar legal challenges from the Missouri Attorney General. After a court order forced the company to cover hog lagoons in the state and make other changes to control odors, Smithfield complied and continues to make handsome profits from its Missouri operations.

Supporters of SB711 say Smithfield cannot afford the changes in hog lagoon operations the lawsuit may force the company to make.

FACT: Smithfield can easily afford to upgrade its NC operations. This out-of-state company owned by a Chinese conglomerate earns about $2 billion in annual profits on $20 billion in hog-related revenues; the top four executives at Smithfield got paid $245 million between 2010 and 2015.

Supporters say SB711 will not hurt NC property rights

FACT: SB771 effectively removes the common law of nuisance – one of the basic tools to protect property rights – and all but removes the right of citizens, local governments and the state seek relief in court. Indeed, under SB711, the right to go to court is basically eliminated even if the source of the nuisance moves in after you. Example: a big animal operation moves in across the street from your home. Your property values plummet because of the noise, pollution and smell. Under SB711, you cannot go to court to protect your property unless there is some other law your new neighbor is violating. Even then, that may not be enough.

Property attorney and former GOP Rep. Paul “Skip” Stam says the public nuisance sections of SB711 “are a serious and direct threat to the private property rights of citizens throughout the state.”

Writing to several legislators on June 6, former NC Supreme Court Justice Robert F. Orr said that the nuisance sections of SB711 “would substantially infringe and deprive your constituents all across our State of fundamental property rights.”

MT Raleigh Report: The Good, The Bad and The Big Picture on NC’s New Budget

MT Raleigh Report: The Good, The Bad and The Big Picture on NC’s New Budget

MT Raleigh Report: The Good, The Bad and The Big Picture on NC’s New Budget

Last week, in a blur of committee meetings and debates on the Senate and House floor, the legislature completed its most important task of the 2018 General Assembly session – approval of the $24 billion state budget for the 2018-19 fiscal year, which begins July 1.

The budget is now in the hands of Gov. Roy Cooper who is widely expected to veto it. With veto-proof majorities, the GOP House and Senate will undoubtedly override Cooper’s veto. So while the budget process still has several weeks to go before completion, what we saw last week in the budget is basically what we are going to get for FY2019.

As is often the case in the sausage-making of the General Assembly, one has to consider what the General Assembly included (or didn’t) in the budget as well as how it went about its work. It’s also important to step back from the details of the budget and consider it in a broader context.

In this report, we’ll try to do a little of all three.

(And for you policy wonks who want to look at the budget itself, it’s divided into two documents – a budget bill and a money report, which lists all various expenditures made in the budget.)

What’s In the Budget for The Environment?

From an environmental perspective – and in comparison to previous spending plans approved since the current GOP majorities took control of the legislature in 2011 – this latest spending plan had some positive elements.

For example, the new budget includes a substantial, $3.6 million investment in landslide mapping for WNC counties. This funding has been a MountainTrue legislative priority for several years out of concern for public safety. We also support the mapping because it allows local communities and individuals to make informed decisions about development. It’s a sad irony that several people were killed in landslides in the region the same week the legislature approved this funding, leading to press reports exploring whether the fatalities might have been avoided if the legislature had not cut the program in 2011.

Many thanks to Rep. Chuck McGrady, who led the effort to fund the mapping this year, and who opposed the 2011 cuts as a freshman legislator.

MountainTrue is also pleased that the legislature chose to maintain or expand funding for the Clean Water Management Trust Fund, as well as trust funds that support state parks and farmland preservation. While these trust funds have not returned to their pre-recession funding levels, we are grateful that funding is increasing, even if slowly.

From the Every Little Bit Helps File, we also note that the legislature provided $225,000 to protect the state’s hemlock trees from invasive insects and $20,000 for a study of whirling disease, which threatens the state’s trout industry.  The whirling disease funding was a legislative priority for MountainTrue, and we thank Sen. Deanna Ballard of AlleghanyAsheAveryCaldwell and Watauga counties for getting and keeping that funding in the budget.

We are more ambivalent, however, about the General Assembly’s response to the clean water issues raised by GenX contamination in the Cape Fear River. While the legislature made very modest investments in the NC Department of Environmental Quality, the funding remains far short of the resources the Department needs to respond to GenX, as well as other water quality issues across the state.

The changes lawmakers made to the package of GenX appropriations and policies in the budget at the request of industrial polluters are also problematic. Even the General Assembly’s effort to get ahead of the emerging contaminant issue is a mixed bag. While lawmakers provided $5 million for statewide testing of drinking water supplies, they made those investments outside DEQ where they are best located and limited the testing to a narrow collection of compounds instead of testing for all “emerging contaminants.”

(To read MountainTrue’s GenX analysis, click here.)

A Behind Closed Doors Budget Process

That brings us to the how of the budget – the process lawmakers used to draft and vote on how to spend taxpayers’ money.

Unfortunately, for the average citizen and many legislators, there was no budget “process” this year. Lawmakers began meeting behind closed doors weeks before the session started on May 16. Last week, they released the spending plan and presented it at committee meetings, where amendments were not accepted. Then, legislative leaders put the bill on the Senate and House floors for one, yes-or-no, take-it-or-leave-it vote in each chamber – again without allowing any amendments or changes to the bill.

For the first time since at least the 1970s, the majorities in both the House and Senate approved the state’s spending plan without allowing any public comment on the bill or any amendment by any legislator, regardless of party. It was a breathtaking and disturbing display of raw political power that should leave all North Carolinians – whatever their political affiliation – concerned about their government’s commitment to basic democratic values.

The Bigger Picture

When considering the budget approved last week, it is important to think about the choices that lawmakers have made that impact how much money they have to spend on the environment and other critical needs.  More specifically, since 2013, the General Assembly has approved roughly $3 billion in tax cuts, which have created a sense of scarcity in the General Assembly, where budget writers regularly report the difficulty they face in addressing the state’s pressing needs. The result is a budget process – and a budget – that unnecessarily pits education spending and salary increases for state employees, for example, against investments in clean water and clean air.

In our view, these are false choices, imposed on all of us by legislative leaders who are unwilling to have a broader debate about the state’s needs and how to meet them – or, this year, any debate at all.

Michael Franti Returns to Asheville July 27 to Headline the Riverkeeper Beer Series

Michael Franti Returns to Asheville July 27 to Headline the Riverkeeper Beer Series

Michael Franti Returns to Asheville July 27 to Headline the Riverkeeper Beer Series

Michael Franti & Spearhead return to Asheville on Friday, July 27 to headline the Riverkeeper Beer Series at the Salvage Station for the second year in a row. The show is presented by MountainTrue and 98.1 The River, with proceeds supporting the work of the French Broad Riverkeeper – a MountainTrue program that serves as the primary protector and watchdog of the French Broad River Watershed.

“Michael Franti & Spearhead brought such amazing energy to Asheville last year that it was a no-brainer to bring him back for this year’s French Broad Riverkeeper Concert,” says French Broad Riverkeeper Hartwell Carson. “Asheville loves Michael and he seems to love us back. Last year he took a surprise tubing float down the French Broad before jumping on stage.”

Michael Franti is a world-renowned musician, filmmaker, and humanitarian who is recognized as a pioneering force in the music industry. Franti believes in using music as a vehicle for positive change and is revered for his energetic live shows, political activism, worldwide philanthropy efforts and authentic connection to his global fan base known as the SOULROCKER FAM.

Michael Franti is the headliner for the Riverkeeper Beer Series, presented by Asheville GreenWorks and MountainTrue. Come out for a river cleanup or float during the day and stick around for a special beer release and after-party. There will also be prizes from the Asheville Gear Builders for most trash collected, weirdest trash, and a host of other prizes.Come join the fun this summer at each of these breweries:

June 2 – Cleanup of the Swannanoa River with beer release party at the Wedge at Foundation.

June 28 – Cleanup of the French Broad River with beer release party at Wicked Weed Brewing Pub.

July 21 – Cleanup of the Swannanoa River with beer release party at the Catawba Brewing Company in Biltmore Village.

July 27 – Michael Franti & Spearhead Concert at the Salvage Station.

August 25 – Cleanup of the French Broad River and Hominy Creek with a beer release party at French Broad Outfitters, featuring a tap takeover by Hi-Wire Brewing and live music (artist TBD).

September 8 – Cleanup of the French Broad River with an after-party and concert at Sierra Nevada Brewing Company.

September 15 – Cruise Then Brews Paddle with Headwaters Outfitters. Paddle down the French Broad River in Transylvania County followed by a beer release party at Oskar Blues Brewery.

To learn more information and register for the Riverkeeper Beer Series events, visit MountainTrue.org.

Tickets: Tickets go on sale March 28 at 10am for Michael Franti fan club members, and will go on sale for the general public March 30 at 10am. Tickets are available at the Salvage Station or online at SalvageStation.com. General admission tickets are $33.50 and include a download of Franti’s newest album. VIP tickets are $110 and include a VIP pre party from 5-7pm at the Salvage Station, an acoustic performance by Michael, a fully catered meal, booze at the pre-party and a special roped off viewing area with a private bar.

The Riverkeeper Series is sponsored by MountainTrue, Asheville GreenWorks, 98.1The River and French Broad Outfitters. Other sponsors include Wedge Brewing Company, Wicked Weed Brewing Pub, New Belgium Brewing Company, Sierra Nevada Brewing Company, Oskar Blues Brewery, Sanctuary Brewing Company, Catawba Brewing Company, WNC Magazine, Mountain Xpress, and Recover Brands.

MountainTrue champions resilient forests, clean waters and healthy communities in our region. We engage in policy advocacy at all levels of government, local project advocacy and on-the-ground environmental restoration projects. Primary program areas include public lands, water quality, clean energy, land use/transportation and citizen engagement. We are also home to Riverkeepers for the French Broad, Watauga, Green and Broad Rivers, who are the primary defenders and spokespeople for these waterways. For more information: mountaintrue.org.

With thousands of volunteers, Asheville GreenWorks engages the community in grassroots projects such as urban forestry, environmental cleanups, anti-litter and waste reduction education, creation of green spaces, care and preservation of Asheville’s rivers and trees. Through our work, Asheville has been designated as a Tree City USA for 37 years.

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French Broad Riverkeeper Releases New Report on River’s Health

French Broad Riverkeeper Releases New Report on River’s Health

French Broad Riverkeeper Releases New Report on River’s Health

Asheville, NC – The French Broad Riverkeeper has released the State of the French Broad River Watershed 2018, the first published report that grades the cleanliness and water quality of 62 creeks and streams throughout the French Broad Watershed.

“Right before jumping into the river, the number one question people ask me is ‘Is it clean?’” says French Broad Riverkeeper Hartwell Carson. “This report is an answer to that question.”

The report combines testing results from the North Carolina Department of Environmental Quality, the Volunteer Water Information Network, the Stream Monitoring Information Exchange, and MountainTrue’s volunteer water quality monitoring programs, weights the data and gives each stream a grade from A through F.

An A grade is given to streams that have excellent water quality and low pollution levels, and Fs are given to streams that have poor water quality. Sixty-six percent of streams scored A or B, a vast improvement from decades past. However improvements are still needed, as 34 percent of the rivers in the report were rated a C or a D.

Four Cleanest Streams:

Middle Fork French Broad River – 100 points

Cathey’s Creek – 100 points

Cataloochee Creek – 100 points

Pigeon, upstream of Canton – 100 points

Four Dirtiest Streams:

Turkey Creek – 60 points

Newfound Creek – 62.5 points

Boylston Creek – 65 points

Fines Creek – 65 points

The report is averaging data sets from various sources collected over the last few years. “The report serves as a good, useful guideline,” explains Hartwell Carson. “But it’s important to remember water quality will vary a bit depending on weather conditions. Water is usually dirtier right after a big rainstorm, so be more cautious when the water is cloudy.”

The cleanest waterways are well protected from pollution, and most of their watersheds are located in protected public lands that lack a lot of agriculture, development or industrial pollution sources. The dirtiest streams lack land-use protections and are heavily impacted by bad agricultural practices and development.

Sediment and bacteria pollution are the most common sources of pollution to our waters. Sediment pollution is caused by runoff from construction sites and agricultural operations as well as eroding stream banks. Bacteria pollution comes from agricultural runoff, sewage leaks and faulty wastewater treatment plants.

If you’re interested in helping to make the French Broad River cleaner and healthier, you can take part in the French Broad Riverkeeper’s water quality volunteer programs. The French Broad Riverkeeper also spearheaded the development of the Muddy Water Watch smartphone app, which allows the public to easily document and report erosion incidents to the appropriate authorities on-the-go. To learn more and download the app, visit: http://www.muddywaterwatch.com/ or get it from the Apple App Store (https://itunes.apple.com/us/app/muddy-waters-watch/id1092256794) or Google Play (https://play.google.com/store/apps/details?id=com.statcrew.muddywaterwatch).

Methodology

The State of the French Broad River Watershed, 2018 report report is an average of all the data available in the French Broad Watershed over the last several years. The report combines chemical data from the Environmental Quality Institute (EQI), benthic macroinvertebrate data from EQI and MountainTrue, E. coli data from MountainTrue’s Swim Guide, and a variety of data sources from the North Carolina Department of Environmental Quality (NCDEQ). The chemical and benthic data was converted into a number so it could be averaged into an overall rating for each stream.

Chemical data from EQI is made available through their Volunteer Water Information Network (VWIN) program. That data is rated as excellent, good, average, below average and poor. Those were assigned the following rating: excellent – 100, good – 90, average – 80, below average – 70, and poor – 60. Benthic macroinvertebrate data is provided through the Stream Monitoring Information Exchange, which lists its stream ratings as excellent, good, good-fair, fair and poor. Those rating were assigned the same ratings as the VWIN data with excellent – 100, good – 90, good-fair – 80, fair – 70 and poor – 60. Swim Guide data was assigned an average of the number of times the data passed the US Environmental Protection Agency’s safe swimming benchmark of 235 E. coli units per 100/ml. If the site passed 75% of the time, then a rating of 75 was assigned that location.

The NCDEQ data was taken from the 303(d) list of water quality data taken by the state. This data is more complicated to average than the previous data sets because it is a mix of testing results for chemical, benthic, bacteria, fish, chemical and specific pollutants . Some locations had multiple parameters measured, such as fish, bacteria and benthic. Each combination of data was assigned an average listed below.

If two parameters either meet the state standard or are good, the score is 100
State data for benthos is good/fair – 85
State data benthos is not impaired – 80
Benthos fair – 65
Benthos poor – 55
Benthos fair and fish poor – 55
Benthos poor, fish fair – 55
Fish good, benthos fair – 77.5
Benthos good/fair, fish good – 90
Fish community excellent, benthos good or vice/versa – 95
Fecal impaired – 60
Meets criteria for a long list of water quality standards – 100
Meets criteria for a long list of water quality standards with some inconclusive – 100
Meets criteria for a long list of water quality standards except one – 90
Two standards are good and one failed – 80

Data points were grouped into subwatersheds and averaged, and this is how we arrived at the final ratings as displayed in the State of the French Broad River Watershed, 2018 report.