After closing its paper mill in Canton early last month, Pactiv Evergreen is reportedly now engaged in discussions with potential purchasers or developers about the future of the site.

Anyone looking to create a new campground or RV park in Maggie Valley is out of luck. For the next six months, the town has a moratorium on RV parks, RV Planned Unit Developments, RV storage and campgrounds. 

Maggie Valley Town Hall was packed Tuesday evening for the regular December Board of Aldermen meeting. This was the first regular meeting for incoming board members John Hinton and Jim Owens, and a meeting of great concern for anyone with an opinion about the future of development in Maggie Valley. 

When the Coronavirus Pandemic broke out in the United States in March 2020, Congress passed that CARES Act. Part of that legislation included a federal moratorium on evictions. The idea was the United States should keep people sheltered during a global pandemic, regardless of whether they could pay their rent in an economy that was quickly screeching to a halt. 

Just as it was about to expire at the end of March, the U.S. Centers for Disease Control and Prevention (CDC) issued an extension of the national ban that temporarily halts evictions for millions of renters. The new order extends the moratorium to June 30, 2021. An estimated 435,000 North Carolinians are currently behind on their rent.

The order requires that renters meet certain criteria, including:

• Have an income of $198,000 or less for couples filing jointly, or up to $99,000 for individuals.
• Show they have sought government assistance to pay their rent.
• Declare they are unable to pay rent because of COVID-19.
• Affirm they are likely to become homeless or will be forced to stay with friends or family if they are evicted.
• Show they have lost income.

Renters must fill out and submit a copy of the CDC declaration form – available at local courthouses and also www.pisgahlegal.org/federal-eviction-moratorium/. Renters should submit the form in English to their landlords or to their local court. Pisgah Legal advises keeping another dated copy as well.

Pisgah Legal Services Executive Director Jim Barrett says, “This is very good news for many folks across the country and those right here in our mountain region. Federal relief is on its way, and we hope this extension will allow for the time that is needed to get these funds to those who are worried about losing their homes.”

He continued, “In the meantime, we encourage people to fill out the CDC form and work with their landlords to pay what they can because the moratorium does not mean that rent is forgiven. And if they have questions or need additional help to contact Pisgah Legal Services.”  

In addition to the moratorium, renters should also know these basic rights:

1. A tenant cannot be made to move from a rental home without a court order.  Tenants have a right to appear in court and defend themselves. Any attempt made to remove a tenant by anyone or any means except the Sheriff’s Department is illegal.  
2. In most cases, landlords cannot legally terminate a tenant’s electricity, water, or heat source as a method of forcing them to leave a rental unit.  
3. Do not move out without talking to an attorney. Tenants may have rights and defenses that they do not know about.  There may be financial resources available tenants are unaware of.  Even if a tenant is behind in rent, do not move out without finding out your options. Eviction actions can happen quickly without an attorney, and they can be slowed down to prevent homelessness with the aid of an attorney.

Pisgah Legal Services, a nonprofit that provides free civil legal aid in Western North Carolina, continues to assist people with low incomes. Staff and volunteer attorneys are helping clients and taking new applications for assistance with critical needs that include:

• evictions and foreclosures
• domestic violence
• coping with debts and avoiding scams
• unemployment and other government benefits 
• and health care.

Need Help?
If you or someone you know needs help, call Pisgah Legal’s main phone lines at 828-253-0406, or 800-489-6144. Online applications are also being accepted: www.pisgahlegal.org/free-legal-assistance. Pisgah Legal staff and volunteer attorneys continue to work remotely and will be in touch via phone and/or email.  

About Pisgah Legal Services
Since 1978, nonprofit Pisgah Legal Services has provided free civil legal aid to help people with low incomes seek justice and meet their basic needs. Pisgah Legal provides a broad array of legal services in 11 WNC counties and offers health and immigration law services in 18 counties. Last year PLS served more than 20,000 people across the mountain region.

PLS has offices in Asheville, Burnsville, Brevard, Hendersonville, Highlands/Cashiers, Marshall, Newland, and Rutherfordton. In addition to the attorneys on staff, Pisgah Legal relies heavily on the pro bono legal services of approximately 300 volunteer attorneys.

Want to Help Others?

You can aid this important work. Giving online is fast, easy and secure at www.pisgahlegal.org/give or contact Development Director Ally Wilson by phone at 828-210-3444 or via email: This email address is being protected from spambots. You need JavaScript enabled to view it.. Checks may be mailed to P.O. Box 2276, Asheville, N.C.  28802

A moratorium on commercial outdoor shooting ranges took effect in Haywood County this week, temporarily halting any new shooting ranges from cropping up while the county crafts regulations to govern their safety and location.

Outdoor shooting ranges could soon be under the microscope in Haywood County.

Backlash from rural residents in Haywood County who fear an indoor shooting range proposed in their midst will disrupt their traditional way of life has got the attention of Haywood County commissioners.

A proposed recycling clearinghouse in the Haywood County industrial park outside Canton has been nixed, but a handful of residents haven’t given up their fight.

The setting may have been humble –– a nondescript meeting room in a county administration building –– but the Swain County commissioners’ vote to pass a moratorium on communications and utility projects may prove monumental. The vote could force utility giant Duke Energy to the negotiating table, and it was a bona fide act of solidarity with the Eastern Band of Cherokee Indians on the part of the county.

Last week, four Swain County commissioners –– Genevieve Lindsay, Steve Moon, Phil Carson, and David Monteith –– voted unanimously to pass a 90-day moratorium on all telecommunications and utility projects that require a county building permit.

The moratorium could prevent Duke Energy from moving forward with a controversial electrical substation project near the sacred Cherokee site Kituwah.

After the vote, a small but energetic crowd of Swain County residents –– some enrolled EBCI members –– applauded loudly.

“We don’t often get applauded,” said a smiling Commissioner Genevieve Lindsay, who chaired the meeting in the absence of County Chairman Glenn Jones.

Judging by the crowd, Lindsay should not have been surprised by the applause.

Nate Darnell, whose family operates Darnell Farms, an agri-tourism business in the same valley as the Kituwah mothertown site, expressed his support for the moratorium.

“I want people to come to our farm and say, ‘Wow, this place is unscathed by development,’” Darnell said. “We have to take a stand and say some things are more valuable than power.”

Darnell’s family has leased the farmstead since 1984 and is the most recognizable business in the valley below the proposed Duke Energy substation project at Hyatt Creek, between Ela and Bryson City.

“I’m not a conservationist. I’m a preservationist,” Darnell said. “I don’t want the land locked up, I want it used wisely.”

Natalie Smith, a Swain resident and Cherokee business owner who has led a citizens’ group that opposes the substation project, also spoke in support of the moratorium.

“I am so relieved to see Swain County take the reins. It is overdue. This could be an historical event,” Smith said. “I feel as if Swain County has taken many punches over the decades from big conglomerates and continues to suffer from them. Finally, we are standing up for ourselves and acknowledging our assets.”

Smith’s citizen action group has announced its intent to bring suit against Duke over the project.

“The coalition is organizing and we are going legal, but we can’t discuss any details until the case is in court,” Smith said.

But it was the Swain County commissioners themselves who had the final say on the moratorium, which will be in effect for 90 days. During that time the county will develop an ordinance regulating the construction of telecommunications and utility facilities. New ordinances can’t be adopted until a public hearing is held, meaning Swain citizens will get the opportunity to address the proposal before it becomes law.

“You can’t stop progress, and we don’t want to,” said Commissioner Steve Moon. “But it would be a shame if they were allowed to continue to desecrate that site. Let’s see if the project can be located in a place that would be less visible and less detrimental.”

Moon said he felt the need to stand up for the Cherokee residents of Swain County, in part, because his wife Faye is an enrolled EBCI member who feels strongly about the issue.

“They’re our friends, our relatives and our neighbors,” Moon said.

Commissioner Phil Carson said his vote was prompted by his experience at a meeting last month between Duke Energy’ and the EBCI to which the Swain commissioners were invited.

“I felt like it was a real eye-opener,” Carson said. “We were really just observers and weren’t considered as part of the solution to the problem. Working together for all our people is the common goal.”

While it’s not entirely clear whether the moratorium will stop Duke’s progress on the 300-by-300-foot substation on a hill overlooking the Kituwah site, Fred Alexander, Duke’s regional director, was clearly concerned by the vote.

“Quite frankly what Duke is trying to do is find an alternative that will meet the needs of our customers in Swain and Jackson counties that gets us off of that mountain,” Alexander said.

Renissa Walker, another enrolled member of the EBCI who resides in Swain County, confronted Alexander after the meeting, asking him to consider the issue from the perspective of a tribal member.

“Stand on top of the mound under a full moon and do a 360-degree turn making a full circle, and you’ll see that Kituwah is protected by all of those mountains and you’ll see the genius of why our ancestors put it there,” Walker said.

The EBCI Tribal Council passed a resolution last month clearing the way for the tribe to take legal action against Duke. So far, the tribe has not filed any suits in court or with the state utilities commission, preferring instead to hold ongoing negotiations focused on locating alternative site locations and considering options for mitigating the visual impact of the project.

The Swain moratorium poses the first legal hurdle to the project, but much depends on what kind of ordinance the county produces during the moratorium period. Duke needs a county building permit for the project and does not have one.

Alexander, while communicating Duke’s desire to resolve the conflict with the tribe and the county, was careful to reiterate the company’s stance so far on the issue.

“On the other hand, we’re not in a position to say, ‘No, we can’t be where we are today,’ because we have a responsibility to serve our customers,” Alexander said.

Both Swain County and the EBCI have offered alternative locations, and Alexander said Duke would continue to evaluate its options before making a decision on whether to relocate its substation.