The I-26 Connector Project, 20 Years in the Making

For two years, the Asheville Design Center opened their doors to the community every Wednesday night to explore better options for the I-26 Connector. Here, a group of ADC volunteers look at a 3-D model of the project.

When communities come together, we can move a highway.

This fall, the North Carolina Department of Transportation (NCDOT) will release the final Environmental Impact Statement (EIS) for the I-26 Connector Project – a highway expansion project through Asheville – that will reflect some major victories and improvements for city residents.

When NCDOT first proposed the Connector Project in 1989, it sparked widespread concern among Asheville residents living within its path. Typical to NCDOT projects at the time, the project catered to thru-traffic drivers and not to the needs of the people and neighborhoods of Asheville itself. If left unchallenged, it would have been overbuilt and threatened communities already harmed by previous highway projects.

In 2000, the community started organizing in earnest to oppose to the plan. MountainTrue (then the Western North Carolina Alliance) co-chaired the Community Coordinating Committee (CCC), which issued a report recommending nine key design goals that the final project should achieve. These included separation of local and interstate traffic, matching the scale of project to the character of community, reunification and connectivity of community and minimization of neighborhood and local business impacts. These goals have continued to be the foundation for advocacy by residents and the City of Asheville ever since.

Then in 2006, the Asheville section of the American Institute of Architects (AIA) secured grant funding to form the Asheville Design Center. This allowed the Center to begin holding community meetings, workshops and design charrettes to create a community-authored design for I-26 that met the CCC’s goals. Eventually called Alternative 4B, this design was finished in 2007 and received broad community support, including funding from the City of Asheville and Buncombe County for an engineering study to prove that it was feasible.

The existing Patton Ave. corridor (left) and the community-designed alternative created by Asheville Design Center volunteers (right), which has been selected for the project.

In 2009, NCDOT committed to include a revised version of the community-designed Alternative 4B in the EIS – the first time anywhere in the country that a community-developed design became a viable alternative for a major highway project.

Also in 2009, a coalition of representatives from the Asheville neighborhoods that stood to be most impacted by the new highway – including West Asheville, Burton Street, WECAN, Emma and Montford – formed the I-26 ConnectUs Project. MountainTrue served as the convener and coordinator, using its expertise to amplify neighborhood concerns with NCDOT. The ConnectUs Project also adopted the CCC report’s goals as the basis for its advocacy.

In 2013, the I-26 Working Group came together and was made up of elected City and County officials, a representative of the business community, and MountainTrue as a representative of the ConnectUs Project. The Working Group secured consensus on several important issues, including that NCDOT should analyze the possibility of having fewer lanes through West Asheville and honor the City’s vision for the Jeff Bowen Bridge to become an urban boulevard. This effort also resulted in NCDOT commiting to build a multi-use path from Haywood Road in West Asheville to and across the Bowen Bridge – a significant victory for community connectivity.

When NCDOT issued a revised Draft EIS in 2015, Asheville City Council passed a resolution in support of the community’s vision and formed a working group with NCDOT to hammer out the remaining issues. In 2016, NCDOT selected Alt. 4B as the preferred alternative for the project and, in 2017, NCDOT agreed that the highway in West Asheville would be six rather than eight lanes. These decisions represent other major victories for citizen advocacy, and the working group collaboration has resulted in an improved project design on several other fronts.

Too often NCDOT has made its decisions without significant involvement from or engagement with local communities. In the years since, we’ve seen a growing shift in their approach in other areas of the state.

Good transportation planning considers a community’s unique context and engages residents from the beginning. It should protect our most vulnerable neighborhoods, ecologically sensitive areas, and mountain views, while minimizing the impacts on homes, businesses and special community assets. Good transportation planning can improve quality of life, increase transportation options, make our communities healthier and reduce pollution.

MountainTrue and our Asheville Design Center are using this model of community advocacy developed for the I-26 Connector project in other WNC communities, most notably in Sylva to develop community-designed alternatives for NC-107.

Does Your Community Need Assistance With A Design Project?

Contact Our Asheville Design Center!

MT Raleigh Report: The Legislature Overrides More Vetoes, and Some Good News

On July 27, Governor Roy Cooper vetoed legislation that alters state ballot language for the constitutional amendments voters will consider this fall. The legislation had been approved by the General Assembly a few days before. Cooper also vetoed legislation that prevents a Supreme Court candidate who recently switched his party affiliation from having any party label next to his name on the ballot.

Last week, the legislature returned to override the governor’s vetoes – in a single Saturday session.

And then, this week, Cooper announced his plans to go to court to stop two of the constitutional amendments voters are scheduled to consider in November. The proposed amendments would take away the governor’s authority to appoint judges, regulators, board members and other state officials, and transfer that power to the legislature.

In addition, Clean Air Carolina, the Southern Environmental Law Center and the NAACP filed a separate lawsuit to stop amendments on the ballot that they say threaten voting rights and restructure government by usurping powers intended for the executive branch. A spokesperson for Republican Senate leader Phil Berger called the lawsuits “absurd”, saying they are intended to take away a voter’s right to choose how they want to be governed.

Here at MountainTrue, we’re still wading through these arguments and weighing the impact of the amendments on WNC’s environment and communities. We welcome your thoughts about the amendments, and whether (and how) environmentalists should support or oppose them.

And Now the Good News

Remember the state budget? You know the one – $24 billion for the new fiscal year, which started July 1?

While education funding and a living wage for state employees – and GenX water pollution – got most of the attention during the budget debate, there were two items of particular importance to WNC that you may not have heard so much about. And both are items those of us at MountainTrue are particularly proud of.

First, the General Assembly earmarked $3 million for landslide hazard mapping in Western North Carolina. Knowing where landslides may happen can be a matter of life and death. For proof, look no further than the landslides in Polk County that killed three people earlier this year.

At MountainTrue, we made landslide hazard mapping part of our legislative agenda more than three years ago. Our hope was that after Hurricane Matthew hit eastern North Carolina in 2015 and fires raged in Western North Carolina in 2016, lawmakers in Raleigh would turn their attention to disaster preparedness and might be willing to restore funding for landslide hazard mapping that was cut in 2011.

Well, it took a bit longer than we thought it would, but the legislature finally came around this spring when lawmakers included landslide hazard mapping in their final budget. Big thanks go out to Rep. Chuck McGrady, who got behind this funding three years ago and helped us keep pushing it. (For the record, McGrady also opposed cutting the funding in 2011.)

The result: local governments, developers and homeowners will soon have crucial information that will lead to more sustainable development and, hopefully, save lives.

The other budget item is smaller but may be crucial to protecting WNC’s trout fishing industry, which is worth about $383 million annually to the region’s economy.

Whirling disease is caused by the microscopic parasite Myxobolus cerebralis; it damages cartilage and skeletal tissue in trout, causing them to swim in a corkscrew pattern. If you love to fish for trout in WNC – or make your living helping others who do – whirling disease is bad news. It’s been found in the Watauga, and there is anecdotal evidence that it’s in other WNC rivers and streams as well.

The state is doing an exhaustive study of the disease, but the final results won’t be in for several years. So this year, MountainTrue’s Watauga Riverkeeper Andy Hill – who also happens to be a former professional fly fishing guide – got to talking about trout and whirling disease with Sen. Deanna Ballard. Ballard represents much of the Watauga River basin and knows how much trout fishing means to her district’s economy and way of life.

With Ballard’s help, an appropriation of $20,000 got tucked into North Carolina’s budget for MountainTrue to do a study to see if the DNA of Myxobolus cerebralis can be found in WNC’s waters. If the DNA shows up, it won’t be definitive proof of whirling disease, but we think it would be a strong enough sign to convince lawmakers like Ballard to act now to combat the disease before it gets out of hand. Even better, the study can be done quickly – in time for the 2019 legislature to consider the results and act on them.

These examples are a great reminder of why MountainTrue has a permanent presence in Raleigh. Finding success in the capital requires a long-term commitment to building support for good ideas – like landslide hazard mapping – and enough familiarity with the people and politics in the legislature to take advantage of opportunities like the whirling disease study when they arise.

And of course, having legislators like McGrady and Ballard who are willing to help doesn’t hurt either!

Protect NEPA: Speak Up for Your Right to Speak Up!

Action Expired

The Trump administration is threatening the right to speak up about government projects that affect our communities and the mountains we love in Western NC.

What’s NEPA?

The National Environmental Policy Act, or NEPA, is such a basic part of our lives that we usually don’t even think about it. It’s what allows citizens to have a say about the plans for government projects that will affect the places they live, and requires the government to consider the environment when making critical decisions about road building, land management, permit applications and more.

It’s NEPA that allows everyday people to comment on the Forest Service’s Nantahala-Pisgah Forests Management Plan, or to know the costs and impacts of projects like the I-26 expansion before they occur. NEPA keeps these decisions from being made in the dark, and by requiring plan alternatives, it saves tax dollars.

The White House Council on Environmental Quality (CEQ) is proposing revisions to NEPA that will undo the core principles of the act. We have until August 20 to submit public comments to defend NEPA.

A photo from the Cut the Clearcutting campaign by WNCA, one of the organizations that merged to become MountainTrue. The National Environmental Policy Act (NEPA) protects the right for communities to have a say about government projects affecting their local environment, and the NEPA process later prevented the type of clearcutting shown in this photo from occurring in the Sugar House Cove and Bluff Timber Sales.

How Has NEPA Helped Western North Carolina? A Few Examples:

1. “The Road to Nowhere” NEPA analysis showed that the “Road to Nowhere” along the north shore of Fontana Lake in Smoky Mountains National Park was too expensive and too destructive to build. This resulted in the preservation of the largest roadless area in the Southern Appalachians (pictured here) and a $52 million dollar settlement for Swain County to fund schools and other services.
2. The Sugar House Cove Timber Sale The NEPA process documented a wealth of rare species at the Sugar House Cove Timber Sale in Pisgah National Forest in Big Ivy in 1994. The plans for the timber sale were changed to avoid rare species habitat.
3. The Upper Santeetlah Timber Sale The NEPA process documented old-growth forests rivaling those at Joyce Kilmer during the Upper Santeetlah Timber Sale in 2010, allowing these trees to gain legal protection.
4. The I-26 Connector Project NEPA allowed for consideration of additional alternatives for the I-26 Connector Project, including a community-designed alternative that ended up being chosen for the project. NEPA also provided the opportunity for community advocates and the NC Department of Transportation to work together to address concerns so that the final project will be better and cheaper.
5. Bluff Mountain Timber Sale The NEPA process documented the potential harms of building six miles of road on Bluff Mountain, and allowed Pisgah National Forest to redesign the Bluff Timber Sale so that it would not impact water quality or the Appalachian Trail.

MT Raleigh Report: Final Update on the Farm Bill

Those of you who receive MountainTrue’s legislative updates know that we’ve been mobilizing people across the region in recent weeks against the Farm Act, SB711. This legislation includes drastic new limitations on citizens’ rights to protect their homes and their health against large agricultural industrial operations like hog and chicken plants.

The GOP-controlled legislature approved SB711 along largely partisan lines a few weeks ago. On June 25, Gov. Cooper vetoed the bill, citing its impact on the environment and its limitations on property rights.

You can read more about the problems with this legislation here and here.

MountainTrue Co-Director Julie Mayfield states:

“With SB711, the North Carolina General Assembly has put the interests of large corporations above the interests of communities and homeowners. This has never been how things have been done in Western North Carolina.”

Despite overwhelming grassroots opposition to this bill, the legislature voted to override Cooper’s veto of SB711. Below is a list of WNC legislators and how they voted on the override. (Remember: those who voted FOR the override voted to support the bill. Those who voted AGAINST the override voted to oppose it).

We encourage you to take a moment to see how your lawmaker voted on this critical issue.

And a big thanks to all of you who helped us mobilize support against this bill – we hope you will continue to join us in speaking up for WNC’s environment and the health of the people who live here.

WNC Members of the NC Senate who supported SB711 by voting to override Gov. Cooper’s veto:

Deanna Ballard (R-Alleghany, Ashe, Avery, Caldwell, Watauga)

Jim Davis (R-Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain)

Chuck Edwards (R-Henderson, Buncombe, Transylvania)

Ralph Hise (R-Madison, McDowell, Mitchell, Polk, Rutherford, Yancey)

WNC Members of the NC Senate who opposed SB711 by voting to uphold Gov. Cooper’s veto:

Terry Van Duyn (D-Buncombe)

WNC Members of the NC House of Representatives who supported SB711 by voting to override Gov. Cooper’s veto:

Mike Clampitt (R-Haywood, Jackson, Swain)

Kevin Corbin (R-Cherokee, Clay, Graham, Macon)

Josh Dobson (R-Avery, McDowell, Mitchell)

Cody Henson (R-Henderson, Polk, Transylvania)

Tim Moore (R-Cleveland)

Jonathan Jordan (R-Ashe, Watauga)

Michele Presnell (R-Haywood, Madison, Yancey)

WNC Members of the NC House of Representatives who opposed SB711 by voting to uphold Gov. Cooper’s veto:

John Ager (D-Buncombe)

Susan Fisher (D-Buncombe)

Brian Turner (D-Buncombe)

Hugh Blackwell (R-Burke)

Chuck McGrady (R-Henderson)

What’s Going On With the NC Farm Bill?

Action Expired

6/26/2018

Last night Governor Roy Cooper vetoed SB711, a dangerous bill that would greatly limit the constitutional right of North Carolinians living near industrial hog farms to seek justice in the courts for nuisance and pollution of their air and water. The General Assembly will vote later this week on whether or not to override Governor Cooper’s veto.

This is when we need your calls more than ever. Will you make a quick call to your state representative now to make sure Governor Cooper’s veto of SB711 stands? If you don’t know who your representative is, you can use the “Who Represents Me?” tool on the NC General Assembly website here, and find your representative’s phone number here.

The Facts About SB711:

This bill was drafted to protect Smithfield Foods, an out-of-state industrial hog operation owned by Chinese business interests, from a lawsuit brought by neighbors of industrial hog farms in Eastern NC. The intention is to protect a foreign corporation from liability where rural communities of color are disproportionately impacted by operations they own or control through contracts.
This bill is not about protecting farmers, it’s about protecting profits. All of the pending lawsuits are against Smithfield through its subsidiary, Murphy-Brown. The only entity paying damages (or potentially liable) in these cases is Smithfield. While some of the facilities are operated by contract growers, the only defendant in the lawsuits is Smithfield.
SB711 allows only neighbors within half a mile of an industrial farm to file a lawsuit, but the claim must be brought within one year of the establishment of the operation. Since there’s been a moratorium on new hog CAFOs (Confined Animal Feeding Operations, also known as large industrial animal operations) since 1997, new operations are not being established. This prevents any neighbor from being able to pursue a nuisance suit. This runs contrary to nuisance theory (and general statute of limitations) where the claim arises when the harm actually occurs, not when the potential for harm begins.
This is not to mention neighbors of industrial farms who live more than half a mile away, who will have no longer have any standing to sue for nuisance. Water pollution moves animal waste hundreds of miles downstream, and odor and bacteria are carried by the wind, so neighbors farther than half a mile from hog farms will continue to be effected.
SB711 would also severely limit local governments’ ability to regulate large agriculture operations – including poultry plants.

You can still take action. If your state representative voted YES on SB711, ask them to support Governor Cooper’s veto. If your NC House Representative voted NO on SB711, call and thank them for supporting North Carolina homeowners, and ask them to stand strong to support Governor Cooper’s veto of this dangerous bill. Here’s how some of WNC’s House Reps. voted on SB711:

Chuck McGrady (Henderson): No

Cody Henson (Henderson, Polk, Transylvania): Yes

Kevin Corbin (Cherokee, Clay, Graham, Macon): Yes

Jonathan C. Jordan (Ashe, Watauga): Yes

Michele D. Presnell (Haywood, Madison, Yancey): Yes

Susan C. Fisher (Buncombe): No

John Ager (Buncombe): No

Brian Turner (Buncombe): No

Tim Moore (Cleveland): Yes

Mike Clampitt (Haywood, Jackson, Swain): Yes

Josh Dobson (Avery, McDowell, Mitchell): Yes

And for the record, here’s part of the statement Governor Cooper released after his veto:

“North Carolina’s nuisance laws can help allow generations of families to enjoy their homes and land without fear for their health and safety. Those same laws stopped the Tennessee Valley Authority from pumping air pollution into our mountains…Giving one industry special treatment at the expense of its neighbors is unfair.”

Thank you for standing up for North Carolina homeowners and for clean air and water in the state we love.

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.