The Macon County School system has changed its tune on the controversial preacher who delivered an overtly religious speech at Nantahala School’s June graduation ceremony.

Superintendent Dan Brigman initially defended the content of the speech in an article published in The Smoky Mountain News, but after receiving a complaint from the national Freedom From Religion Foundation, Brigman said “circumstances prevented a proper vetting” of the Nantahala graduation speaker.

Brigman said the school system “will ensure that future graduation speakers refrain from religious speech.”

In an Aug. 4 letter responding to the foundation’s complain, Brigman didn’t expressly say that the school had erred, but implied that the vetting process had failed when the Rev. Daniel “Cowboy” Stewart was picked as the commencement speaker.

Stewart offered prayers at the graduation and delivered a sermon that involved wrapping a student volunteer in ropes to demonstrate the hold of the devil.

Rebecca Markert, attorney for the Freedom From Religion Foundation, said she sent a letter to the school system after a local resident contacted the foundation with concerns.

Her letter, sent more than a month prior to Brigman’s response, asked that the school system take “immediate steps to ensure that religious ritual and proselytizing” stay out of graduations in the future.

In his response, Brigman defended the school system, saying that it didn’t and wouldn’t intentionally schedule a prayer or sermon. Markert, however, pointed out that the school should’ve known Stewart’s intent.

“Not only should the district have realized Stewart was apt to view the speaking engagement as a carte blanche invitation to abuse the situation to proselytize to a captive audience, but the district is on record endorsing his sermon,” said Markert’s letter. “Your very own public statements about the sermon expressed no disapproval.”

Indeed, Brigman told The Smoky Mountian News and other media outlets that he saw no problem with Stewart, as he had been chosen by the graduating students.

“It wasn’t a revival, but he had some strong encouraging words for the kids to make good decisions,” Brigman told The Smoky Mountain News after the graduation.

Student-led prayer is allowed in schools, but the law prohibits outside speakers or school-sponsored events from including religious elements such as prayers, sermons or Biblical object lessons.

Markert said this is a situation she sees quite often. The Freedom From Religion Foundation is a national membership organization with chapters around the country. It’s dedicated to preserving the separation of church and state.

“We cover a wide range of state-church violations,” said Markert. “The biggest complaints we receive are about religion in schools.”

As the staff attorney, Markert acts on those complaints, conducting background investigations and then sending what are essentially cease-and-desist letters and pushing issues into court when necessary.

She sends out between 10 and 20 letters a week, and mostly what she’s looking for in return are letters such as Brigman’s: a mea culpa of some sort and promise of better future behavior.

Mostly, she said, that’s what she gets, especially in school cases, because the law is so clear.

“I think there’s been rare occasions where we haven’t heard back and in those instances we have talked to the plaintiffs to see if they’re interested in suing. But really, it rarely every happens,” said Markert.

The school system’s response signals, perhaps, that they were aware of such a legal threat.

“Macon County Schools is committed to protecting the rights of its students, parents and teachers,” Brigman wrote in the letter. “We do employ a process to prevent the presentation of inappropriate materials to our students.”

This time around, Brigman referred all questions on the issue to the school system’s lawyer, John Henning. Henning said that the school system’s policy was not at fault, but it wasn’t exactly followed in this situation.

“The process that we would follow now is that presentations or materials that will be presented need to be reviewed by the principal and the principal will make a determination,” said Henning. Nantahala School Principal Robbie Newton died of cancer before the end of last school year, and the duty never fell to anyone else.

Henning, however, said the school system received no complaints from students or residents, but one other letter from a group called Americans United for the Separation of Church and State.

Macon County’s embattled planning board has agreed on a handful of basic construction guidelines for developers building houses and roads. This sets up a possible showdown between land-planning advocates and opponents to play out before the county commissioners.

Last week, the planning board voted almost unanimously in support of rules that would limit how high and steep cut-and-fill slopes can be. The planning board will call upon the county commissioners to adopt the rules.

“I hope they realize we need to address these issues,” Planning Board Chairman Lewis Penland said in anticipation of commissioners taking up the issue in September.

It marks the second time in two years the planning board has voted on such measures and sent them to commissioners. Last winter, the planning board approved a similar set of regulations — billed at the time as “guiding principles” intended to lay the groundwork for a much more comprehensive steep-slope ordinance. County commissioners signed off and gave the planning board the green light to move forward.

But the steep slope ordinance proved too controversial and was ultimately abandon by the planning board, which settled instead for the simpler guidelines — which will once again be sent to commissioners for approval.

Contacted after last week’s meeting, Penland said that in the hubbub surrounding the steep slope ordinance, he’d forgotten the planning board and previous board of commissioners had approved the principles one time before.

“It is almost like they got us chasing our tail,” he said.

Three of the five county commissioners have been replaced since the last time around, however, flipping the board from a Democratic majority to Republican majority.

But the regulations at least stand a chance of getting passed.

The most conservative of the new commissioners has indicated he’d support reasonable regulations. Commissioner Ron Haven, who vigorously campaigned against the adoption of a steep-slope ordinance when running last fall for public office, has told The Smoky Mountain News that he believes there must be some rules in place to guide builders and protect homeowners. It remains to be seen, of course, whether he and other commissioners will consider the planning board’s suggestions “reasonable.”

Commissioners Bobby Kuppers and Ronnie Beale, the two held-over Democrats, are already on the record last year voting for the principles. Commissioner Kevin Corbin has said he needs to review what the planning board presents before staking out a position; Chairman Brian McClellan hasn’t indicated which way he’s likely to vote, but he has pushed for the planning board to meet a September deadline, which it now has.

The planning board’s guidelines set general parameters for earth moving.

Before the shift from steep slope, discussions had disintegrated into arguments by planning board members over the validity of state landslide hazard maps, among other things.

That same volatility surfaced at last week’s meeting, too, leading Kuppers, who serves as liaison to the planning board, to caution members to “take a big, old, deep breath.”

Penland questioned why fellow planning board member Lamar Sprinkle took the podium during the public comment period at a recent county commissioners meeting and complained about other members of the planning board.

Sprinkle, a local surveyor who has consistently attempted to block efforts to develop either a steep-slope ordinance or general construction guidelines, described planning board members he disagreed with as “extreme ideologists” who were pushing a liberal agenda. He urged commissioners to derail the attempt to develop construction guidelines, a suggestion commissioners ignored.

Sprinkle defended going over the planning board’s head and publicly complaining to commissioners.

“I believe when a man continually uses his position to push his ideals, he’s not helping anything,” a recalcitrant Sprinkle said to Penland.

Planning-board veteran Susan Ervin fired back at Sprinkle, telling him: “I think it’s not appropriate to go to county commissioners and ask them to subvert the process we have agreed on.”

Sprinkle then made it clear that his main complaint — at least when it came to leftist agendas and leftist-agenda makers — was about Ervin.

“If you want to get into appropriate, we can get into appropriate … if you want to call names, we can call names,” Sprinkle responded. “I was talking about you, Susan.”

Though Sprinkle also told Penland, “I just think things have not been handled right — you’ve tried to suppress opposition.”

Jimmy Goodman, a point of past strife on the board and a historic opponent of planning efforts, emerged suddenly in a new, hitherto unsuspected guise as planning-board peacemaker.

Goodman urged the planning board to move on to actual planning-related discussions, a suggestion eventually followed. Kuppers encouraged Goodman with a hail-fellow-well-met of “Jimmy, I’m with you 100 percent — when you’re right, you’re right.”

And when he’s wrong? Kuppers didn’t touch on that.

Macon County officials, concerned by the growing numbers of residents here forced to travel over Cowee Mountain to Sylva for treatment, are pushing for a kidney dialysis center in Franklin.

Macon County is a Mecca of sorts for retirees and aging seasonal visitors — the 2010 U.S. Census showed the average age of all residents living here is older than 50. County officials, citing Macon’s aging population and growing numbers of residents requiring dialysis, has asked that the state adjust methods it uses to award the required certificate of need.

The state requires that new dialysis facilities be able to project a need for at least 10 dialysis stations, or 32 patients — at last official count, in the state’s semiannual Dialysis Report, Macon County had just 23 residents receiving dialysis.

But county officials dispute that number, saying that more than 30 dialysis patients currently drive U.S. 441 from Macon County to Sylva for treatment. Additionally, officials suspect there are some dialysis patients in the southern end of the county driving to neighboring Clayton, Ga., who aren’t included in that number. Nor, said Commissioner Ronnie Beale, has the state considered all of the part-time residents that flood into Macon County each summer, a boost that almost doubles Macon County’s official 33,922-resident population — some that, no doubt, require dialysis.

A resolution adopted in June by Macon County pointed out that the state’s rules for allowing a private company to consider building in a community doesn’t allow for developing a kidney dialysis center to serve end-stage renal disease — yet Macon County’s end-stage population is increasing by an average of 10 percent a year, according to county records.

End-stage renal disease is the complete, or almost complete, ability of the kidneys to function. There are only two ways for patients to stay alive once their kidneys stop functioning: dialysis, in which the blood is artificially filtered; or kidney transplant.

Additionally, the state uses a 30-mile radius for determining locations of dialysis centers — but, Beale said at a recent Macon County Board of Commission meeting, there’s simply no comparing driving 30 miles on Interstate 40 downstate to driving 30 miles on mountain roads.

“Because of the terrain of the mountains, the distance is much more time consuming and difficult,” he said.

That’s certainly what Juanita and Leonard Max Wiggins have discovered, too. The couple has owned a residence in Macon County for two decades, but only started spending half of each year here after both retired a few years ago. Leonard Max Wiggins, who is 75, experienced kidney failure, and in January 2009 started dialysis.

Initially, he was able to drive himself much of the time. But his wife has been driving lately.

“When he gets so weak, he just can’t make that trip by himself,” she said Monday.

Her husband goes to Sylva three times each week, with each treatment lasting four hours. It requires 40 minutes to drive there, Wiggins said, and during the time he is in treatment she usually spends sitting outside in the car working on crossword puzzles.

The situation isn’t so hard in Florida, with a dialysis center just four or five miles from their home. Then, Wiggins can either slip back home for the wait, or her husband can make the trip by himself since it is a shorter distance.

By leaving the area in November, the couple misses the added difficulties of driving over Cowee Mountain in the snow and ice.

Commissioners last week passed an official petition asking the state to adjust its need determination. There would have to be an adjustment made to the need determination contained in the 2012 N.C. Medical Facilities Plan.

If granted, “hopefully private companies (would then) come in and determine if it is profitable for them to establish a center,” Chairman Brian McClellan said.

What is dialysis?

Dialysis is a medical process in which blood is cleansed of toxins the kidneys normally would flush out. It’s used when a person’s kidneys no longer function properly. This can be a result of congenital kidney disease, long-term diabetes, high blood pressure or other conditions.

Dialysis may be either temporary or permanent, depending on the person. If a dialysis patient is waiting on a kidney transplant, the procedure may be temporary. However, if the patient is not a good transplant candidate, or a transplant would not alleviate the condition, dialysis may be a life-long routine.

A new group has formed to counteract a recent landslide of opposition to steep-slope regulations in Macon County.

“We realized that there are a lot of people out there who don’t go to these meetings — and I count myself among them — and who aren’t real vocal, but who have strong feelings about these issues,” Kathy Tinsley, spokeswoman for MaconSense.org, said Tuesday.

The new organization has created a website with information about the issue, and launched a petition to encourage Macon County residents to express support for a steep-slope ordinance.

Tinsley said six to eight people organized MaconSense.org. She expects more in the county to join as word gets out. Tinsley’s brother is Al Slagle, a planning board member. Slagle chaired the steep slope subcommittee tasked by commissioners to write a recommendations for an ordinance, a project it spent two years on.

A news release this week issued by MaconSense.org noted the group also plans to organize petition drives, plan public events and run public-service advertisements.

The new group is not limiting itself to the slope development issue, according to Tinsley. It hopes to bring together citizens “of all walks of life and political persuasions to advocate for common sense solutions to important issues facing the county,” the news release stated.    

“Regular people have been pushed out of the process by all the heated rhetoric,” Tinsley said. “That’s a shame. We need our elected officials to move past partisan bickering and get back to serving the public interest. The only way that is going to happen is if citizens feel like they have a say in the direction of our county.”

MaconSense.org has a steep slope of its own to overcome the momentum built already by opponents of planning regulation. At the website www.propertyownersofamerica.org, Macon County residents are warned they could “lose the right to build on your own land” if regulations were passed; and that such regulations would add at least $8,000 to the cost of building.

Mission of MaconSense.org

“The Macon County Planning Board recently voted to table the slope ordinance. Many have asked how the planning board’s decision impacts our campaign to build public support for the ordinance? The simple answer is — it doesn’t. The problem still exists and the solution is still the same. Our task is to send a clear message that the people of Macon County support a slope ordinance. Period. That doesn’t change no matter what political procedures are employed.”

According to MaconSense.org, a slope ordinance would benefit the county by:

• Protecting property rights.

• Promoting economic development.

• Supporting local business.

• Reducing the risk of catastrophe.

• Preserving our valuable resources.

Source: MaconSense.org website.

“Finishing the conversation” has become something of a catchphrase lately in Macon County. It’s a really diplomatic way of saying that while the planning board should keep plugging away at construction guidelines, there’s no guarantee the building regulations they develop will do anything more than sit on a shelf and gather dust.

County Planner Derek Roland created a new twist to the now-well worn phrase, however, when asked whether he believes his beleaguered planning board can accomplish anything at all.

“This gives us a new starting point to continue that conversation,” Roland said in a recent interview.

After more than two years of developing a steep slope ordinance, the Macon County planning board decided to table the work. It salvaged a few of the more salient building rules in a set of construction guidelines, such as hillside excavation and compaction of fill dirt.

County commissioners last week approved the planning board’s change of course.

Before commissioners made their decision, however, Planning Board Member Lamar Sprinkle, a local surveyor, took advantage of the county commissioner’s public session to lob a few grenades at those he disagrees with on the planning board.

He described them as “extreme ideologists … who have their own agenda they want to put forward.”

“The planning board is irreconcilably divided at this time,” Sprinkle said, adding that in his opinion, commissioners should shoot down any attempt by the planning board to work on general construction guidelines.

“It would be really difficult for us to sit down and come up with standards for the county,” Sprinkle said.

Additionally, Sprinkle told commissioners, developing standards such as these should be the work of professionals in the construction field and not be left to amateurs on the planning board lacking the necessary expertise.

Planning Board Chairman Lewis Penland has described the 13-member board as a hung jury unable to reach consensus on a possible steep-slope ordinance. Penland hopes by steering clear of the more controversial parts of a steep-slope ordinance — the very name, the state landslide maps that were used as a baseline, the steepness of slopes triggering regulations, whether Wildflower subdivision’s roads are being unfairly targeted as bad just because a couple fell off the mountain — he can steer the planning board through the more basic construction guidelines.

Commissioner Bobby Kuppers, liaison to the planning board and creator of that popular phrase, “finishing the conversation,” told his fellow commissioners he supported altering the group’s direction.

“We need to allow them to finish the job,” Kuppers said in a new twist on the original.

Commissioner Ron Haven asked what timeframe the planning board would now be on, and Kuppers replied that he believes the board would still be able to report back to commissioners in September, as instructed.

Chairman Brian McClellan reiterated that point, saying, “We’re still looking for September recommendations.”

The planning board is set to meet again Thursday, Aug. 18, beginning at 5 p.m. in the meeting room at the county’s public health center.

Roland, asked to predict what could hang up the 13-member board this time, said he believes compaction will prove a big issue, and “that cuts and fills will certainly be something we’ll discuss.”

That, of course, pretty much covers the guts of the proposed general construction guidelines in Macon County.

Condensed general construction guidelines

• Fill material must be free of organic or other degradable materials and properly compacted before building.

• No excavated slope can be taller than 30 feet in vertical height.

• For cut slopes more than 8 feet and 30 feet in vertical height, the slopes can’t exceed 1.0 vertical to 1.5 horizontal.

• For fill slopes between 5 feet and 30 feet in vertical height, the slopes can’t exceed 1.0 vertical to 2.0 horizontal.

• A bench with a minimum width of 5 feet must be constructed at the toe of any fill slope greater than 5 feet in vertical height. Fills greater than 10 feet in vertical height must have a bench at the toe of the fill with a minimum width of 10 feet, and an additional 5 foot wide bench for each additional 5 feet in vertical height.

• The planning office can waive rules if justified by an engineer.

Backlogged sediment can’t be allowed to build up forever, said John Dorney, wetlands and stormwater program development supervisor for the N.C. Division of Water Quality in Raleigh.

“It becomes one big mud flat,” Dorney said.

But Duke Energy District Manager Fred Alexander disputes that Duke will be made to dredge sediment from the lake.

“Let me be perfectly clear. We are NOT dredging Lake Emory,” Alexander said in an email response to The Smoky Mountain News.

Alexander said that Duke may do some “limited sediment removal,” but not a comprehensive dredging of the entire lake.

“That is not in our plans, nor a regulatory requirement,” Alexander said.

Yet according to a state water quality permit, how much sediment Duke will have to remove is not yet determined.

Duke is being required to develop sediment management plans for dams on the Oconaluftee River in Swain County and on the Hiwassee in Clay County. All three are known as “run-of-the-river” dams, where the respective dam transforms the river behind it into slow-moving backwater — more so than a bona fide lake. Lake Emory, located near Franklin, is 174 acres in size.

The state Division of Water Quality mandated that Duke address sediment removal as a condition of the water quality permits issued for all the three dams in summer of 2010.

“It could be one thing they have to do is dredge,” Dorney said.

The same requirements are being copied verbatim into the federal licenses for the dams being issued by the Federal Energy Regulatory Commission. Once issued, Duke “will absolutely have to develop a sediment management plan,” said Mark Cantrell, a biologist with the U.S. Fish and Wildlife Service. “FERC indicated Duke would need to include some management and not just monitoring — and that could include dredging.”

With Duke’s license for the dam up for renewal, that opened the door for new sediment rules to be imposed. And state and federal environmental agencies walked right in.

In short, Duke must conduct a sediment pilot study at one of the three dams, and a long-term sediment management plan after that. Cantrell said once the license was issued, it would trigger the sediment management plan within approximately the next six months.

Dorney knows Duke needs to do something about the mounting sediment behind the dams, but exactly what that should be — how much should be removed, how often, by what means — is up in the air pending the pilot study.

“We just didn’t know enough about how big the problems are and how fast they are developing and what mechanisms could solve the problems,” Dorney said. “The pilot study will get us that additional information.”

Dorney foresees Duke being made to remove some sediment from above Porter Bend Dam one way or another, however.

“That is the intent,” Dorney said.

And there’s only two ways to do that: dredge or flush it downstream.

When Duke tore down the Dillsboro dam, it lobbied hard for the “flushing” option. It argued that simply flushing the estimated 100,000 cubic yards of sediment downstream a bit at a time wouldn’t hurt the environment. It was also the cheaper of the two options. Ultimately, however, state and federal environmental agencies made Duke excavate much of the sediment (more than 63,000 cubic yards) from behind the dam rather than flushing it.

Dorney said it is too early for Duke to say whether it will or won’t dredge Lake Emory; and, he said, Duke isn’t the one that gets to decide that.

“They would have to say at this point they don’t know if they will have to do any dredging pending the results of the pilot study,” Dorney said.

The decision ultimately rests with the state and federal environmental agencies overseeing the water quality permits for the dam operations.

At stake is one of the most unique stretches of river in the eastern U.S., 13 miles of the Little Tennessee River, essentially unpolluted, uncontaminated and undeveloped.

“It is really incredible,” Cantrell said.

Which means there will be a whole lot of eyes watching as Duke develops a sedimentation management plan.

Dorney said in his view, it isn’t good for every grain of sediment in the river to get blocked by the dam.

“There is some concern about the river being sediment starved downstream from the dams,” Dorney said.

That may mean flushing some sediment downstream periodically.

“If they release some, that would get it out of the lake of course, but if you release too much it would destroy downstream, so it is a balancing act,” Dorney said.

There is only one caveat that would tip the scale against sediment removal, and one that just might come into play in Lake Emory.

Industrial pollution downstream from Lake Emory could have accumulated in the sediment over the years, and stirring it up could be bad news, according to water quality advocates with the Little Tennessee Watershed Association. (see related article.)

Dorney said that is definitely an area that needs more research, but doubts it would be a deal killer.

“If they did the studies and determined there would be more damage to the environment by removing it than leaving it there,” Dorney said. “But that isn’t likely.”

More often, the contaminants would be leaching out anyway, so removing them is still the best option.

Cantrell said toxic muck is “a legitimate concern.” He said there are detailed studies under way by Western Carolina University to try and pinpoint why there’s been a mussel-population decline below Lake Emory.

Cantrell said there are measurements that are indicating excessive levels of copper and other metals in Lake Emory, “and we are concerned about that being transmitted downstream.”

There’s a story, perhaps apocryphal, about how a bunch of drunks overturned their boat one night in Lake Emory just outside of Franklin.

Macon County’s emergency services and law enforcement turned out en masse. They arrived to discover the drunks bobbing about holding onto the sides of their boat, desperately awaiting rescue. The cops studied the situation for a moment; then cupped their hands around their mouths and hollered out: “Put down your feet.” The drunks did as bidden, and walked unaided to the shore across silt-filled Lake Emory.

That’s an amusing tale — unless your home happens to be situated next to the 174-acre lake, as is the case for Shirley Ches and her husband, Jim.

The couple moved to their lakefront home in Franklin about 20 years ago. They were excited about living in the mountains and alongside water in an area they both loved. While they remain enamored with the beauty of these mountains and the region they call home, these days the couple has soured on the whole lakefront experience.

Shirley Ches, in particular, is frustrated by the silt and downed trees in Lake Emory. She is irritated by years of promises made by county and town leaders that something will be done, only for nothing to ever actually happen. Ches is tired of studies in Macon County that don’t lead to action; of talk that hasn’t led to results.

The silt buildup, Ches said during a guided walking tour along the lake of the couple’s slice of paradise, is the end result of storm damage that started with the blizzard of 1993 and continued with numerous tropical storms in the years that followed.

Before and after pictures tell the story visually. Back at the house, Ches has spread out photo albums on the dining room table for her version of show-and-tell. There are photos of Jim fishing, and of her grandchildren playing in the lake, pictorial reminders of all-around-fun-times in the mountains that people who retire to Western North Carolina dream about when they are living in hot and sandy Florida.

Then came those storms. Silt from development upstream, from the former town dump on Radio Hill nearby, from virtually everywhere that can be conceived, poured down into Lake Emory, Ches said.

SEE ALSO: To Duke’s chagrin, dredging may be in the cards for Emory

The lake is positioned a short distance below the convergence into the Little Tennessee River of the Cullasaja River, Cartoogechaye Creek and smaller tributaries.

Trees, too, were knocked down in these storms. The trees washed into the lake, helping to fill it with more debris and provide still more crevices for silt to build up against.

Ches’ photographs of her grandchildren playing in Lake Emory transition to ones featuring her son. He’s wading in mud, acres and acres of mud, with a chainsaw in hand, cutting trees downed by the storms. Sisyphus-like, really, in his efforts to help his parents reclaim their dream — one man cannot cleanup a lake, however, no matter how determined he might be.

The lake, it seems, is headed for a future as a shallow wetland at best, mudflat at worst, if years of accumulated sediment aren’t dredged by Duke Energy, which owns the lake and dam as part of its hydropower network.

A developer’s dream

Lake Emory doesn’t just represent an implosion of the dream Shirley and Jim Ches once had of the merry life they’d lead once residing on its shores. Lake Emory is one of the first of the many boom-and-bust housing developments that today litter WNC and scar the region’s mountains — dollar signs turned to dust, a ghost lake of sorts.

That said, Lake Emory does have its own beauty, sort of. There is something primordial about this shallow lake — the silt has formed into islands here and there. It’s sort of like watching the earth form. There are large expanses of wetlands, too. Birds, insects and wildlife use the lake, and locals do catch fish here, though it’s not exactly a Fontana Lake-experience. There are not going to be any national bass-fishing competitions anytime soon on Lake Emory, as any large bassboats launched in Lake Emory might run aground.

Like Fontana, and most of the lakes that dot WNC, Lake Emory is manmade.

In the 1920s, a group of residents formed the Lake Emory Company and started pushing for a lake in Macon County near Franklin. They wanted it for fishing, swimming and boating. They also wanted a power dam to generate electricity for the local community, plus a golf course and a 75-room motel to attract tourists, according to a history of the project compiled by Jamie Johnston, the former executive director of the Little Tennessee Watershed Association, a locally based conservation group.

The lake, the group decided, would be stocked with a variety of game fish for sportsmen, and hunters could come and shoot the many ducks that surely would use the lake for nesting and resting on their migration routes to other place.

The lake was expected to attract thousands of visitors. Estimates of projected income varied from $750,000 to $1 million annually, according to news accounts at the time.

Lured by these promises, the Town of Franklin in 1925 created Lake Emory by funding a $300,000 bond to pay for a 35.5-foot tall, 463-feet long dam on the Little Tennessee River.

The town owned the dam; Lake Emory Company was left to market and develop the surrounding property. That part of the project never really got off the ground, however. There would be no motel, and no golf course — just a small hydroelectric dam that sucked up Franklin taxpayer dollars at an alarming rate.

The town eventually offloaded the dam to Northwest Carolina Utilities, only to see ownership return when the company failed to make a bond payment in the early 1930s.

In 1932, the town transferred title to Nantahala Power and Light Company, which later morphed into Duke Energy. Today, the two hydro generators at Porter Bend Dam on Lake Emory produce just more than one megawatt. This, according to Duke District Manager Fred Alexander, represents a mere 1 percent of the generating capacity of Duke hydroelectric projects in its Nantahala Area of southwestern North Carolina.

Reasons not to dredge

A hop, skip and a jump away in Haywood County, a similar situation developed over the years at Lake Junaluska: silt filled the manmade lake there, too. But unlike at Lake Emory, the question in Haywood County wasn’t whether to dredge, just about how to actually pay for dredging. Once that was solved, dredging promptly took place, and the lake was again a showpiece for those living along its shores. Dredging is now done on a routine schedule every few years.

That, however, isn’t the case in Macon County. Lake Emory, unlike Lake Junaluska, isn’t home to a group of well-heeled Methodists with united will and enough money to get the job done. Lake Emory is a place where everyday people such as Shirley and Jim Ches live in small, modest homes; outsiders, for the most part, without much political clout.

Last month, if there wasn’t already enough to hinder anything being done (and at least two of the town’s aldermen were then pushing for dredging), one of the region’s most respected environmentalists weighed in with his reasons not to dredge Lake Emory.

Macon County resident Bill McLarney, who oversees biomonitoring work for the Little Tennessee Watershed Association, strongly cautioned against digging into the muck that makes up Lake Emory. McLarney, during a noontime luncheon and unveiling of the group’s State of the Streams report at a League of Women Voters’ meeting, said he worried dredging Lake Emory would risk stirring up monsters of the deep — toxic pollutants that could be buried deep in the silt.

There were great amounts of questionable materials being discharged into Lake Emory in the 1960s from plants in neighboring Rabun County, Ga., McLarney said, in those years before federal regulations came into play to prevent toxic spewing.

Churn that stuff up, and you risk the overall health of the 13-mile stretch of the Little Tennessee River below Porter Bend Dam, he said.

“I really hadn’t thought about that before,” Franklin Alderman Bob Scott, formerly a proponent of dredging Lake Emory who was pushing Duke to get off its duff and do just that, said after hearing McLarney.

Scott left convinced a lot more study needs to take place before any silt gets disturbed, if it ever does.

Ches, too, was at that meeting. An avid Democrat, a frequent letter writer to local newspapers on a variety of left-leaning issues, she is frustrated by the reactions of what would normally constitute her natural allies — a liberal such as Scott, an environmentalist such as McLarney. Even the local sportsmen haven’t readily embraced her dream of a lake where they could more easily hunt and fish and play.

Who really can say that dredging wouldn’t actually help the Little Tennessee River? Ches argued. And, she added, while she cares, too, about those little creatures in the river just like McLarney does, she and her neighbors are the ones who have to actually live next to the lake.

The likelihood of Macon County imposing development guidelines for houses and roads on steep mountainsides grew increasingly remote after the planning board, embroiled for months in a series of heated debates over the matter, tabled the proposed ordinance last week.

“We’re a hung jury, basically,” Planning Board Chairman Lewis Penland, in a fish-or-cut-bait moment, told the 10 members of the 13-member board who attended last week’s meeting.

Penland attempted to salvage at least a portion of the work done over the past two years by the planning board’s steep-slope subcommittee. He convinced the planning board to drop work on the proposed steep-slope ordinance, and instead work on general construction standards. Penland said the planning board would return to the steep-slope ordinance at a later date, but did not indicate whether that would be in six months, six years or 60 years from now.

The construction standards would govern dirt-disturbing activities, such as road building and house-pad building, by dictating how steep cut-and-fill slopes can be or ensuring house pads are properly compacted before foundations get poured. Macon County has had a number of poorly designed and built roads that have simply washed away or fallen off mountainsides in recent years.

The construction standards would still go a long way toward improving building practices. They date back to the steep-slope subcommittee, intended as a mere baseline for developing a set of more comprehensive steep-slope rules. Now, they might represent the sum total of what the planning board members can find common ground on when it comes to the steep-slope debate.

After an hour-and-a-half discussion, the planning board unanimously agreed with Penland’s recommendation to table the ordinance and study general construction guidelines — with the exception of surveyor Lamar Sprinkle, a vocal opponent of any suggestion raised at the planning board meetings. He abstained from voting.

The construction standards, if adopted by the planning board and then by the Macon County Board of Commissioners, would become part of the already-existing soil erosion ordinance. The construction standards — unlike the steep-slope ordinance — don’t touch on controversial slope percentages or landslide-hazard maps.

Al Slagle, who served as chairman of the steep-slope subcommittee, endorsed Penland’s compromise suggestion but had his say about the matter first.

“What we came up with is squarely in the middle,” Slagle said of the subcommittee’s original recommendations. “It’s something that protects property rights, and the same time it’s efficient and as easy to use as possible — something that places the least possible burden on property owners.”

Susan Ervin, who like Slagle served on the subcommittee, also backed Penland’s compromise. She, too, defended the entire steep slope ordinance, defining it as “a very moderate proposal that limited the scope to the most critical aspects of slope development.”

Commissioner Bobby Kuppers, liaison for the commission board to the planning board, endorsed Penland’s suggestion, saying he believes construction standards would help solve development nightmares in Macon County.

He pointed to two particular recent construction projects that utilized questionable development practices: Wildflower subdivision off U.S. 441 and Blossomtown Road, above Ruby Cinemas.

“Can these be solved by construction standards? Yes, I think they can,” Kuppers said, adding he’d take the matter up with the full board of commissioners in a meeting this week.

Sprinkle, however, issued a flat contradiction of the expert opinion of others who have surveyed the landslides and building issues in the 2,200-acre Wildflower subdivision, defending the development. He said people just weren’t mentioning all the good roads built there, but were concentrating on the ones that had actually fallen off the mountains.

“There are some problem places, but most of those roads are all right,” Sprinkle said.

His assertion was greeted with astonishment by other board members, including Slagle, who said he totally disagreed with Sprinkle.

“There are a tremendous number of those fill slopes that are failing,” Slagle said.

How did we get here from there?

By homing in on general construction standards instead of an overarching steep-sleep ordinance, Macon County Planning Board Chairman Lewis Penland steered his rickety planning-board ship away from two points it was foundering on. One was how steep a slope had to be before it would trigger safety regulations. The other was how to incorporate the landslide hazard maps.

The state started mapping the probability of landslides in the state’s mountainous counties following the Peeks Creek disaster in Macon County in 2004, when five people were killed and 15 houses were destroyed. While experts agreed the Peeks Creek landslide was a natural occurrence triggered by excessive rainfall, the event laid bare a fundamental, and haunting, safety question for local governments: should people be discouraged from building in areas identified as hazardous?

Only Macon, Watauga and Buncombe counties had maps completed before the GOP-led General Assembly this year cut the project.

With the explosion of outdoor sports over the past few decades in Western North Carolina, perhaps it shouldn’t come as that big a surprise another outfitting store has opened in the region.

But this one is different, in at least two ways: The guys running Outdoor 76 truly use the equipment and clothes they sell; and the gear-oriented store is located in downtown Franklin, a place known more for its older, retired population than its hit-the-woods types.

But things have been changing in Macon County, too. Franklin has bonded during the past few years with hikers on the nearby Appalachian Trail, even to the point of hosting a festival for them each year and winning an official “trail town” designation. And plenty of people here and in the neighboring communities — young, middle-aged and older — seem increasingly eager to experience the outdoor life.

That helps explain why Outdoor 76, co-owned by Rob Gasbarro and Cory McCall, has gone gangbusters since the store opened on Main Street 10 months ago.

“It’s really overwhelming, though in a good way,” said Gasbarro of the explosion in growth the outfitters are experiencing.

Outdoor 76 carries name brands such as Mountain Hardwear, Marmot, Patagonia, Scarpa, Vasque, Keen, Western Mountaineering, Salomon, MSR and more. Additionally, the two men offer guided hikes and trips, plus carry an impressive array of camping, hiking and paddling equipment. They also rent equipment.

“It’s owned and operated by enthusiasts,” Gasbarro said. “We do this because we love to do it.”

And as if opening a new store wasn’t enough, both Gasbarro’s and McCall’s wives are expecting babies. Each will have their first children, seven weeks apart, in December and February, respectively.

In the meantime, they are putting together an outdoor festival to take place Oct. 8-9 in Macon County, featuring an outdoor triathlon, 5K race, a frisbee-team tournament, disc-golf competitions, plus clinics on flyfishing, paddle sports and more.

How it came about

Gasbarro’s and McCall’s business partnership came about in an unusual fashion: they became buddies through church. Gasbarro, 35, had moved to Western North Carolina from Tampa, Fla., for a job with an engineering company. McCall, 29, a Franklin native, was working in real estate.

When the economic doldrums hit, Gasbarro’s job felt “iffy,” and real estate sales went into the toilet. The two fellows knew they needed to find other ways to make livings.

“If we’re going to struggle, we decided we might as well struggle for ourselves instead of someone else,” Gasbarro said.

And the idea for an outfitter store, jointly owned by these two outdoor enthusiasts, seemed a natural. Gasbarro had an extensive paddling background, and McCall, a longtime runner, had played around in a lot of outdoor sports.

Though many people just didn’t initially get why they’d want to chance on opening one in downtown Franklin. But the two men did their homework: Franklin’s Main Street, Gasbarro said, has the highest traffic count of any municipality west of Asheville.

Then Gasbarro pulled out maps of the region from beneath the store counter — look, he explained excitedly, Franklin is the hub of virtually every outdoor experience one can enjoy in WNC. Kayaking, rock climbing, hiking, trail running — you name it, and you can experience it within a short drive of Franklin. And if that weren’t enough, the major highways essentially all flow through, or connect into, Macon County — U.S. 441 and U.S. 64 principally.

“We’re better positioned to tap the metropolitan areas than anyone else,” he said of Franklin. “Location, location, location.”

McCall, too, felt comfortable about opening the store in his hometown.

“Franklin needed this,” he said between helping a customer decide on what shoes were needed. “Franklin needed an avenue to fulfill the needs of people who are outdoor enthusiasts.”

Other outdoor shops carrying gear, clothing and supplies in the region include Mast General Store in Waynesville, Blackrock in Sylva and Three Eagles in Franklin.

But the closest shop to Outdoor 76, as an outfitter that also offers guided tours and rentals, is the Nantahala Outdoor Center, but that’s far enough away not to pose problems. In fact, Outdoor 76 has a great relationship with NOC, Gasbarro said.

If this were a race, Macon County Schools would win for being the first in Western North Carolina — maybe even the state — to end summer vacation and start classes again.

Teachers returned Monday; students go back Thursday (August 4).

And that’s just too soon, in Sabrina Hawkins’ opinion. The Highlands resident has three school-aged children of her own in the county’s school system.

Hawkins and the North Carolina chapter of the national advocacy group Save Our Summers have filed a petition against the state Board of Education to try to force a later starting date. The case is scheduled for October.

The issue by then would be moot, of course, so pending the trial, Hawkins and the group sought a court injunction to postpone this week’s opening date until August 25. That’s the North Carolina mandated go-back-to-school date for all systems that don’t have a waiver.

A state administrative law judge last week, however, denied the injunction. The trial can go forward, though the group failed in delaying this year’s start date.

So what’s it all about — getting a longer tourist season? Hawkins said no, it’s not about tourism dollars, though she and her husband, Bill, do own and operate the 1880-built Highlands Inn. The lawsuit, she said, is about not taking away that important balance of schoolwork and play for children.

“This has nothing to do with my business,” Hawkins said. “And, I’m not an anti-school advocate — I just feel like they need a long break. What has it been, six or seven weeks off? It feels like we just got out of school.”

Macon County School Board Chairman Tommy Cabe said maybe it’s because he’s from an older generation, but he’s “just fine” with an early August start to school.

“I remember when we were in school, and we had three full months off in summer, but that’s because we worked in the fields,” Cabe said.

Up until 2004, all school systems had autonomy over when to start and end, as long as they met the mandatory number of school days in a year. But a lobbying effort orchestrated by the tourism industry, vying for longer summers and hopefully more family vacations, led to a state law preventing schools from starting back before the end of August.

School systems that see lots of snow days, and thus need the wiggle room of an earlier start date, could get waivers. The law also allows exceptions for individual schools for “educational purposes.”

Macon’s school board in February asked for a waiver to allow remedial intercession periods for students, sessions of intense work to help them catch up when they’ve fallen behind other students.

“The bottom line isn’t to try to get around the calendar laws, it is about student performance,” said Macon County Schools Superintendent Dan Brigman, who added that 62 percent of students in Macon County receive free or reduced lunches. He said that school leaders want to “close opportunity gaps for these children.”

The N.C. Board of Education said OK in April.

In June, Hawkins and the Save Our Summers-NC group filed its petition. A July motion by the state board to dismiss the case was denied, paving the way for an eventual hearing

The case hinges on whether the state Board of Education should have granted waivers to all 10 Macon County schools under the “educational purpose” exception to the law. The school board should not have granted what, in essence, was actually a countywide waiver because that isn’t legal, according to the petition by Save Our Summers.

“It’s simply to try to build in enrichment and remediation opportunities for students,” Brigman said in response. Brigman said that’s the date school always started back until the new law was passed.