The Western North Carolina Fly Fishing Trail has added a new stop on the map for anglers — the Raven Fork trophy water on the Cherokee Indian Reservation.

The fly-fishing trail leads fishermen to 15 different fishing spots in Jackson County, from narrow mountain streams to wide rivers. The Jackson Country Tourism Authority came up with the idea last year as a way to harness the potential of touring anglers.

“The Raven Fork trophy water enhances the trail’s overall experience because it provides a type of fishing not found anywhere else,” said Julie Spiro of the Jackson Country Tourism Authority. “It’s thrilling to catch fish on that stream. There are a lot of large trout in there.”

The 2.2-mile stretch is regularly stocked with large rainbow, brown and golden trout. It’s common to catch fish 20 inches or longer, and there are a number of trout that exceed 30 inches. Access is available through several pull-offs along Big Cove Road with paths that run along the stream.

The scenic Raven Fork replaces the Horsepasture River as spot number 6 on the WNC Fly Fishing Trail. Public access to the Horsepasture River is becoming increasingly limited, which prompted the change.

Raven Fork is designated by the Cherokee as catch and release fly-fishing only. Anglers wishing to fish Raven Fork need to purchase a $20 special use permit and a $7 daily permit from the Eastern Band of the Cherokee Indians.

Local guide Alex Bell, who helped create the trail, often has anglers request a trip to Raven Fork.

“Cherokee wants to be a destination east of the Mississippi River that every fly fisherman knows,” Bell said. “They have different strains of trout coming in and have great vision for their fishing program.”

The Raven Fork trophy water in Cherokee and the Tuckasegee River above Dillsboro are two of the most rewarding stretches for trout fishing in the region.

“Those are the two big boys. And they’re both on the trail,” Bell said.

800.962.1911 or go to www.FlyFishingTrail.com.

Cindy Robertson never for a minute believed in ghosts — that is, until she moved into her new restaurant outside Cherokee. And she’s not alone.

A mysterious presence has made converts of every restaurant owner who’s moved into the building in recent years.

Robertson had her first encounter when she was preparing to open Cindy’s Diner. Robertson was painting the walls when she felt a tug at her sleeve. When she turned around to see who it was, she spotted an elderly man standing at the back of the restaurant, near the kitchen area.

Robertson went over to investigate, but the stranger had disappeared.

“I thought it was my cook trying to scare me,” said Robertson. “He thought I was trying to scare him.”

Since then, Robertson has seen the ghost poke his head around the corner of the building on several occasions. Each time she walked over, though, no one could be found.

One morning, Robertson walked into a sweltering restaurant. “The stove had been turned up,” said Robertson. “We check it two, three times before we leave ... it was on high. It was so hot that it was white.”

The ghost has even turned off the stove during the day when everyone else is around, Robertson said.

Other times, Robertson has walked up to the restaurant to see that their sign had been moved to block the entrance. Employees usually bring the sign inside and rest it at the side of the door each evening.

“There’s no way wind could get in the inside,” said Robertson.

A perplexed Robertson called Clint Menacof, whose family owns the property, to find answers. Menacof wasn’t at all surprised by her inquiry.

Though Robertson hesitated to divulge the full details of her experience — for fear of being perceived as crazy, Menacof pressed her for an exact description of the presence. He wanted to verify that it was the same description given by the previous restaurant owner and staff.

It was.

“That’s the thing that makes it kind of difficult to discount,” said Menacof. “You’ve got two different tenants with no knowledge of the other one.”

A curious coincidence

Both owners have said that the “ghost” is unlike the kind we see in Hollywood movies. He is tall and slender with dark hair and glasses.

“He’s not like some vague, hazy figure,” said Menacof. “He appears as a solid, real normal person — to the point, they can tell he’s wearing glasses or what clothes he has on.”

Based on the descriptions given to Menacof by those who’ve encountered the ghost, the ruling hypothesis is that the it is none other than Lester Arnold, Menacof’s wife’s great-uncle and the owner of Arnold’s Drive In, which occupied the building for years.

To confirm his suspicions, Menacof brought in pictures of Lester, who passed away in the last decade. Robertson verified that the man she’d seen bore a very close resemblance.

According to Menacof, nothing could have swayed either restaurant owner to believe that Lester might still be around.

“They knew nothing about the building, nothing about its history, nothing about who Lester Arnold was,” said Menacof.

Arnold first popped up during the Mexican restaurant’s stay in late October 2007. It was just around the Day of the Dead festival, when spirits are offered their favorite treats overnight.

Unfazed upon learning about the ghost, the Mexican restaurant’s owner asked Menacof if Lester liked beer and left some out for him that night. Shortly thereafter, Lester wasn’t encoutered again by the owners.

The Mexican restaurant moved out in late 2008, and Cindy’s Diner moved last year. Lester wasn’t seen at the diner until around late October again.

Lester’s family believes that his disappearance come late fall has a lot to do with the off-season, which roughly begins in November. It’s a time when most restaurant owners, like Lester, board up the place and head into vacation mode.

“Everyone could take a deep breath and start to enjoy the winter,” said Menacof.

But when the tourist season gets cranking again, Lester may make a reappearance at Cindy’s.

“I’m curious to find out what happens in April or the first of May,” said Robertson.

Whether Lester shows up or not, Robertson says she fears little about his presence.

“I think it’s pretty cool,” said Robertson, though she tries to avoid coming in early by herself.

Though staff at the Mexican restaurant all confirmed they’d seen Lester, Cindy’s employees have been more hesitant. Only one has admitted coming across something out of the ordinary. She heard someone say “Hey” a few times when no one else was around.

“I think they don’t want to admit what they see in here, but they see and hear it,” said Robertson.

Meanwhile, regular customers are itching to catch a peek at Lester, Robertson said.

If they do, they have little to worry about, according to Menacof.

“While he was alive, Lester was one of the nicest people you would ever meet,” said Menacof.

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.

When the Eastern Band of Cherokee Indians took over the Cherokee Indian Hospital from the Indian Health Service in 2002, the hospital’s administrators faced a challenge.

They wanted the hospital to feel like it belonged to the community, but they inherited a building that was far from welcoming.

“People wanted to be surrounded by Cherokee things,” said Jody Adams, the hospital’s director of community relations.

The hospital’s motto “Ni-hi tsa-tse-li” means “It belongs to you,” but there was nothing Cherokee about the white walls and clinical feel inside the hospital.

Adams formed a culture committee comprised of hospital staff and community elders and turned to the Cherokee Preservation Foundation for grant funding. Susan Jenkins, executive director of the Foundation, said the hospital’s makeover mission was exactly the kind of project the organization wants to fund.

“When they came to us, we thought it was a great fit, because they would have to work with the elders and the community and reach out to the local artists,” Jenkins said.

The Foundation has contributed $20,000 per year to the hospital’s cultural makeover. Adams has overseen the projects, which partner with local artists to transform the interior spaces of the building into venues for displaying Cherokee art and culture.

When you walk in the main entrance, you can see the impact right away. A large mural in the waiting area combines Cherokee words written in the syllabary and their English translations. The television monitors in the waiting rooms show cultural documentaries instead of Fox News or CNN.

Look deeper in the hospital and you’ll see walls filled with the portraits of elders, or hand-painted with animal tracks.

Jenkins has been impressed with the hospital’s transformation. An enrolled member of the Choctaw tribe of Oklahoma, she has seen enough of IHS hospitals to know the difference.

“Now when you go in there you get a sense that ‘Oh gee, this is my place,’” Jenkins said.

Room by room, Adams’ committee has targeted rooms for overhauls. They started with the hospice room, a place where patients come to live their last days in comfort surrounded by family. Then they found an artist to design a traditional Road to Soco Mountain pattern, and they filled a hallway with it.

The waiting area to the dental clinic has a wall-sized mural of a mountain stream. Another room shows the process of making river cane baskets.

“One of the things we wanted to do with every room is teach something,” Adams said.

Adams said the latest project is to transform the hospital’s inpatient rooms.

“Most of the inpatient rooms still have that IHS feel,” Adams said. “The research shows the rooms are a factor in the healing process.”

Adams wanted new ideas for the rooms, so she turned to Western Carolina University’s interior design program for a partnership.

“I wanted new ideas. I wanted to show the nurses and the providers that there are a lot of options. We don’t have to be a facility full of white rooms,” Adams said.

Candace Roberts, a WCU interior design professor, along with her students created a portfolio of potential design schemes for the inpatient rooms and along the way they met with elders to learn about the Cherokee culture. The first transformed inpatient room was finished last week, but Adams said the transformation of the hospital will continue.

Promoting culture

Filling the otherwise institutional walls of the Cherokee hospital with cultural themes is just one of many projects funded by the Cherokee Preservation Foundation. The Foundation was formed in 2000 with a mission to preserve Cherokee culture, enhance economic development and improve the environment using casino revenue. Since 2002, the Foundation has given out more than $47 million in grants throughout the region, which in turn have generated more than $100 million when combined with matching money.

A Cherokee archaeological site spanning from at least 6,000 years ago to the 18th century stands in the way of bridge widening project over the Tuckasegee River in Jackson County.

Plans call for widening the N.C. 107 bridge over the river from its existing width of just 20 feet to 50 feet at a cost of $4.2 million. The new bridge will be three lanes with shoulders and a sidewalk.

Landowners and the N.C. Department of Transportation are at odds over the project. The archaeological site is on land owned by the Moses family for 120 years. The family has taken pride in the site and hosted university sponsored archaeological digs on its property through the years.

While a wider bridge has been in the making for more than a decade, plans initially called for building a new bridge in the same place, leaving the archaeological site untouched. Plans were altered in 2007, calling not only for a much larger footprint but also shifting the bridge over to sit on top of the site.

The DOT failed to notify the landowners of the change until now, according to Cherrie Moses of Tuckasegee.

The family got a phone call a few weeks ago from DOT to discuss purchasing their property for the widening.

“We were in total shock,” said Moses, 52, a retired school teacher. “This is the first time we are hearing about this, and it is already a done deal. It was like all you need to do is sign on the dotted line, and the bulldozers are ready.”

Since 1997, Moses said she was told the site would be protected.

“The plans that my family had been given stated that the bridge was going back basically where it is, that the site would not be compromised,” Moses said.

Pam Williams, a bridge project planning engineer, said the Moses family was made aware of the new plan, but they must not have fully understood.

The DOT was well aware of the archaeological site in the path of the bridge widening. It plans to excavate the site first and document all the artifacts that are found, said Matt Wilkerson, a DOT archaeologist.

Wilkerson said one of the most intriguing aspects of the site is relatively recent Cherokee occupation dating to the 1700s. One house site was excavated in an archaeology dig by a university team a few decades ago, and Wilkerson thinks there may be more.

The site won’t be destroyed by the bridge, Wilkerson said. If anything, the bridge project will allow the secrets of the site to be uncovered with an archaeological dig.

In crafting an excavation plan, DOT consulted with the Eastern Band of Cherokee Indians and the state historic preservation office. Both signed off on the project with the caveat that the artifacts be saved in advance of the bulldozers.

Moses doesn’t understand why they included everyone except the landowners.

“That is not right. We would have liked to been in on the meeting and voiced our concerns,” said Moses, who also happens to be the chair of the Jackson County Historic Preservation Commission.

The site is on its way to being listed on the National Historic Register after being recommended by the DOT archaeologist.

Federal law requires a formal public process when impacting sites that are eligible for the National Register, but no one ever sought out participation by the Moses family.

Chain of events

The bridge was targeted for replacement more than a decade ago due to its age and narrow width. It is technically deemed “structurally deficient” and “functionally obsolete.” It is still safe, Williams said, but won’t stay that way forever, and maintenance costs will increase.

The existing bridge has 10-foot lanes and no shoulders.

“We have had several side swipes over the past few years,” Williams said.

The new bridge will have three 12-foot lanes, 4-foot shoulders that will double as bike lanes and a sidewalk on one side.

It will also have a left-turn lane for Shook Cove Road, which sits 100 feet from the bridge. The turn lane will be 200 feet long in all. Some left-turn lanes may only be 50 feet — just long enough for a couple of cars to queue up while waiting to make a left. Why is Shook Cove’s turn lane so long?

“There are a lot of variables actually to determine how much traffic would back up on the main line,” Williams said.

Williams cited an increase in development up Shook Cove as justifying the turn lane. Traffic counts in 2005 showed 4,700 cars a day passing over the bridge, with 200 vehicles making a left onto Shook Cove.

Moses questioned why the new bridge has to be so wide.

“This is a massive bridge. It is not even going to fit in,” Moses said.

Moses believes the bridge was planned with the expectation that new developments would add to traffic in the future. But the once zealous plans of developers are drastically scaled back these days, Moses said.

How it will be built

Under the original plan, a temporary river crossing would be built on the Moses property to accommodate traffic while the existing bridge was demolished and built back in the same place. To protect artifacts, heavy black fabric would be laid down and fill dirt placed on top. It would all be hauled away when the project was done. That method is no longer considered sensitive enough, however, Williams said.

Instead, DOT will use the “staged construction” method. Traffic will continue to flow on the existing bridge while the new bridge is built alongside it. Then traffic will shift to the new bridge while the old one is torn down and the other half of the new bridge built in its place.

Williams said there were two attempts to share the new plan with the public. One was a newsletter sent to property owners in December 2007. While the newsletter announces that the bridge will use a “staged construction method,” it fails to explain that such a method necessitates a larger bridge footprint.

“Reading the literature and having someone sit down with you and explain the plans are two different things,” Williams said.

The other outreach by the DOT was a public meeting in early 2008 on upgrades to N.C. 107, specifically lane widening and the new shoulders through the Tuckasegee community. Williams went to the meeting with the bridge plans in hand expecting residents would ask about it as part of the larger N.C. 107 upgrades.

Williams also said she twice mentioned “data recovery” to Moses in emails. But just as the term “staged construction” means little to the lay person, Moses did not realize that references to “data recovery” translated to “archaeological dig,” meaning the bridge’s footprint would consume the site and require an excavation in advance of construction.

But, by the same token, the DOT didn’t know exactly where the new footprint would be until now.

“We can’t sit down and tell them how much land we are taking until we get the design plans done,” Williams said. And at that point, property owners are contacted about buying right of way.

More information:

Construction of a wider bridge over the Tuckasegee on N.C. 107 could start by spring of 2011. The project would take 18 months. Two lanes of traffic — one in each direction — would remain open throughout.

Cherokee’s trout streams have earned their reputation as the crown jewel of North Carolina’s trophy waters, and now the area has an outfitter shop of the same quality. Business partners Joe Street, Chris Anderson and Steve Mingle, building on the success of their Spruce Pine store, believe their new all-purpose outfitter shop will help make Cherokee a national trout Mecca.

“Our goal is really to be the best fly shop on the East Coast,” Street said.

Joe Street’s ambitious plans for River’s Edge Outfitters Cherokee were incubated during a 20-year corporate career at UPS in Atlanta. An avid fisherman who used his guided trips as a pressure release, Street retired to his home in Spruce Pine two years ago knowing where he wanted to put his passion.

“It had always been a dream of mine to open up a fly fishing shop, and in the world’s worst economy, we decided we would go for it,” Street said.

The Spruce Pine store offers a full range of top-of-the-line gear and a two-mile stretch of private trophy water. With the tourism economy lagging in general, Street said he was only a little surprised that River’s Edge did so well.

“Rather than people doing elaborate vacations, they’re spending more time within a three-hour ride from home,” Street said. “The store’s had a lot of success.”

With some of the best trout water in the nation, less than three hours from Atlanta, and only a little ways down the Blue Ridge from their Spruce Pine store, the partners kept track of what was going on in Cherokee.

“We’ve been watching Cherokee for a while and saw how well they managed the fishery. We did some market research and we felt the area needed an outfitter shop,” Street said.

Spruce Pine only gets about 200,000 tourists per year and Cherokee, as a gateway to the Great Smoky Mountain National Park and home to Harrah’s Cherokee Casino, beats that number by about 3.8 million.

Add to that fact Cherokee is centrally located within striking distance of the Tuckasegee, Nantahala, Oconaluftee, Watauga, Little Tennessee, French Broad and South Holston rivers and the thousands of miles of streams that flow into them, and you’ve got a formula for success.

Street wants the shop’s outfitter trips to spread the joy he felt when he was still in the corporate trenches.

“It was my getaway, my stress reliever,” Street said. “When I left UPS to move back to the mountains, I wanted to share that with people.”

Street, Anderson and Mingle are newcomers to Cherokee, and they relied on strong local connections to execute their plan. They had made friends with television fishing host Curtis Fleming.

Fleming brought his Fly Rod Chronicles to Cherokee last year, and he had already built relationships with local guide Eugene Shuler. Street said Shuler supplied the missing piece of the puzzle.

“We knew no one guide-wise, so we hired Eugene to direct our guide operation and he has a network of guides, so it’s a perfect fit,” Street said.

An experienced local guide, captain of the North Carolina Fly Fishing Team, and creator of the Southeast Fly Fishing Forum, Shuler had a network of friends with decades of on-the-water experience in the area.

“It’s kind of a neat thing,” Shuler said. “I knew their abilities and skill levels and the way they were on the water, so it wasn’t a stretch for me to put a team together.”

Shuler said his team of 12 guides will emphasize customer service and friendliness, but the focus is still going to be the abundance of prime fishing water.

“The Southeast is slowly becoming the West in terms of fly fishing,” Shuler said. “Our rivers may not be quite as wide as some of theirs, but we just have great water and great fishing.”

With that kind of water and a steady supply of tourist passing through Cherokee because of its casino and other draws, a large-scale outfitter was the only thing missing.

River’s Edge Outfitters in Cherokee will model itself after the biggest full-service outfitter shops in the West. The shop will offer a full range of gear with top of the line brands like Sage, Simms, St. Croix, and TFO, as well as every kind of trip from all-day floats and wading trips to week-long backcountry adventures.

They’ve even got partnerships in the works with local bed and breakfasts and cabin rentals to create a seamless fishing vacation experience for beginners and experts alike.

“Sometime fly-fishing comes off as being stiff to folks, and it doesn’t have to be that way,” Shuler said.

Joe Street said the Spruce Pine shop has been successful making fly fishing approachable for groups by providing features like catered lunches and specialty trips for women.

“It’ll be something you won’t find many places,” Shuler said.

River’s Edge Outfitters Cherokee, located on the west side of N.C. 441 a few miles south of NC. 19, opened Saturday, Feb. 27, and the guide service will be ready in time to launch trips for walleye during their spring run.

Shuler said his guides will harness their experience in creative ways to go after white bass, walleye, carp, smallmouth bass, and, of course, the mammoth trophy trout that make Cherokee’s waters so spectacular.

On April 17, the shop will hold a grand opening to celebrate its involvement with Healing Waters, a nonprofit fly fishing program for injured war veterans.

River’s Edge Outfitters Cherokee will also offer free fly fishing clinics every Saturday at the shop. For Street, that’s just part of spreading the word.

“Trout only grow in beautiful places, and it’s a great way to get outdoors and relieve the stress for a while,” Street said.

For info, visit www.flyfishcherokee.com.

Macon County Airport Authority members are confident their application with the U.S. Army Corps of Engineers is moving forward, but the project may still face significant procedural hurdles.

The airport is planning a 600-foot extension of its runway. In order to re-route a creek in its path, it needs approval from the Army Corp to impact five acres of wetlands and 800 linear feet of stream. The airport authority applied for a permit last fall, but in early January, Army Corp regulatory specialist Lori Beckwith put the project on hold.

At an airport authority meeting last week (Feb. 23), the project’s engineer, Eric Rysdon of W.K. Dickson, said he had addressed the concerns posed by the Army Corps.

Beckwith’s letter informed the authority that its permit application could not be reviewed because it failed to address a number of concerns raised by everyone from federal agencies to private citizens concerned about its impact. The letter also said the Environmental Assessment included in the application was out of date and that the information provided was “inadequate for us to evaluate the proposed project” and assess its impacts.

The authority was given 30 days to respond. In the letter, Beckwith emphasized the volume of public comment that had poured in — 37 letters and emails, most of them against the runway extension. She also stressed the importance of responding specifically to concerns raised by the Eastern Band of Cherokee Indians, the U.S. Fish and Wildlife Service and the North Carolina Wildlife Resources Commission.

While the authority said last week that it had responded to Beckwith’s concerns with a report prepared by Rysdon, the report itself was not been made available for public review.

The authority’s attorney, Franklin Mayor Joe Collins, released a statement saying the report would remain private until Beckwith returns from personal leave on March 9.

“The Authority feels it inappropriate to make public the report until such time as Ms. Beckwith has had the opportunity to review it. The report is very positive and favorable to the project, and the Authority is anxious for its public release at the earliest appropriate time,” Collins’ letter read.

The future of the runway extension project hinges on the Army Corp allowing the airport to re-route the stream.

Under the Clean Water Act, a project must show that it is choosing the “least environmentally damaging practicable alternative.”

Beckwith’s letter asked the Macon County Airport Authority to address all the concerns expressed by entities opposed to the project, but she also asked for a clarification of the project’s purpose.

“In addition to responding to the comments detailed in this letter, please describe any off-site alternatives you considered and explain why these are or are not practicable and clarify the applicant’s main purpose for the project (safety or economic development) and any secondary purpose,” the letter stated.

The airport authority has received heavy criticism for the way it has shared information about the runway expansion project with the public.

Olga Pader, a member of the Save Iotla Valley group, has been an outspoken critic of the project and sees Beckwith’s concerns as a justification of the criticism expressed by the Iotla community.

“What’s interesting to me is the questions the Army Corps of Engineers were asking are similar to the questions we as citizens have been asking all along,” Pader said.

Pader believes the underlying motivation for the runway extension is a misguided economic development program that would adversely affect the Iotla Valley.

The U.S. Fish and Wildlife Service’s expressed concerns that “multiple federally threatened and endangered species and federally designated critical habitats” downstream of the project could be affected. Meanwhile, the Cherokee voiced concern that the impacts to the ancestral graves and the presence of a historic Cherokee trading path were not properly evaluated.

Should the permit get rejected, the runway project may need to pursue an Environmental Impact Study, a much longer procedural process that could involve more federal oversight and public hearing requirements as it moves forward.

After a day of discussions between the leadership of Duke Energy and the Eastern Band of Cherokee Indians, the dispute over the construction of a proposed power substation near the tribe’s most sacred site remains unresolved.

Last Wednesday (Feb. 17) Brett Carter, President of Duke Energy Carolinas, led a delegation to the EBCI Council House to meet with members of the tribal council and Principal Chief Michell Hicks. The meeting was billed as a closed-door discussion between leadership of the two entities, but before it began a group of demonstrators expressing support for the tribe’s leadership was invited inside.

What followed was, according to participants, a formal and orchestrated dialogue in which Carter expressed his regret that Duke Energy had not consulted with the tribe before beginning the site preparation for the substation. But while Duke has admitted to poor communication and expressed a willingness to pursue mitigation of the visual impact of their project, they have also continued to work on preparing the site for construction.

“The work that’s going on at the site is grading and prep work, and that work is going to continue,” said Duke spokesperson Jason Walls.

While the tribe wants to see the substation moved to another tract, Duke asserts the visual impacts can be mitigated.

After the discussion between Carter and the members of the Tribal Council had finished, the council allowed a series of questions from the audience. Some were probing and others impassioned, but all of the tribal members who showed up wanted to make it clear visual mitigation wasn’t enough; they wanted the substation and line upgrade project moved off the hill.

Natalie Smith, a tribal member and Cherokee business owner who helped organize the demonstration, said she was grateful to the council for inviting them into the dialogue.

“You can’t do this here,” Smith said. “That was the bigger message.”

Chief Hicks also invited members of the Swain County board to the table. Swain County Commissioner David Monteith was not impressed with Duke’s communication with the leadership of the county or the tribe.

“I think they treated Swain County like a left-handed stepchild,” Monteith said. “Professional courtesy from a company of the size of Duke with a project that large would at least tell you to talk to the commissioners.”

George Wickliffe, a chief of the Oklahoma Cherokee United Keetoowah Band, sat in on the meeting, too.

“Kituwah is well documented as our Mother Town and due to its history, not only through such documentation, but orally and as a part of our religious tradition, is like the Garden of Eden to the Christian,” said Wickliffe.

After the meeting, Hicks said the tribe had already identified areas that could be used as alternative sites for the substation, but he wouldn’t comment on whether any definite alternatives had already been discussed.

“We’re still working on what our options are,” Hicks said. “I think they were sincere about the failure to notify us of the project. As far as negotiating, we won’t know until we see what options they present.”

Hicks said over the next two weeks Duke would submit plans to minimize the visual impact of their project, and the EBCI would offer Duke options for moving the site off the hillside.

Walls called the meeting “productive” and said Duke “left with a commitment to work on additional mitigation to minimize the visual impact” of the project.

In the wake of the controversy surrounding the company’s proposed substation, Duke Energy representatives claimed they were unaware of the project’s potential impact on the Cherokee’s most valued site.

But Russ Townsend, historic preservation officer for the Eastern Band of Cherokee Indians, isn’t so sure. Townsend received an archeological report that Duke conducted on the site of the substation in 2008.

“It basically clarified that Duke did know all of these things they were saying they weren’t aware of,” Townsend said. “That was disappointing. They’re not required by law to consult with me, but they’ve always said they wanted to be a good neighbor.”

Archeologically, the substation project’s interference with Kituwah presents an interesting dilemma.

The EBCI bought 309 acres around the mound site in 1996, and an archeological survey the following year discovered a 65-acre village site that confirmed a long term of settlement. The mound site and the surrounding village are listed separately on the federal register of historic places.

The mound, 170 feet in diameter and five feet tall, formed the base for the council house where the Cherokee conducted some of their most sacred ceremonies.

The Duke substation project is taking place on a surrounding hillside that is not owned by the tribe. Duke considers the project an upgrade of an existing line, and therefore is not bound to a public vetting process that would involve consulting with state historic preservation officials. The substation site covers a 300 by 300 foot square, and its structures will be 40-feet high.

But the Cherokee have argued the project directly threatens the integrity of the Kituwah site.

Tom Belt, who teaches Cherokee language and culture at Western Carolina University, explained that the concept of the Kituwah mothertown for the Cherokee would encompass the entire area within a day’s walk of the council house. Belt said the actual valley and its mountains play crucial roles in spiritual ceremonies held on the solstices and in the cosmology that support the tribe’s clan structure.

“On those days if you stand at the mound where the council house was, the very place the light hits first is on the seven peaks on that mountain where the substation will be built,” Belt said.

Townsend said the archeological report filed by Duke confirmed there were 15 important sites within a mile of the substation project, and two nationally registered sites within a half mile. Townsend said there are likely no artifacts left in the ground in the area, but the report, conducted by a private firm, leaves little doubt about its archeological significance.

“It’s my professional opinion that this is really a true adverse impact to Kituwah,” Townsend said. “It’s not just a site on a hill we don’t want developed.”

A disagreement over Duke Energy’s placement of a power substation near Cherokee’s most significant cultural site has instigated a meeting between the top leaders of the tribe and the company.

Principal Chief Michell Hicks, the tribal council, and the attorney general of the Eastern Band of Cherokee Indians are set to meet with Duke Energy Carolinas President James Rogers behind closed doors on Wednesday (Feb. 17) to discuss the issue.

Hicks said he wanted to wait until after the meeting to discuss whether negotiations would involve visual mitigation of the substation or moving the project entirely.

“We want the land protected, and we want the viewshed protected,” Hicks said. “I don’t know where they’re at. Until I sit down with the president and hear where they’re coming from, I don’t want to comment on that.”

The ECBI owns a 309-acre Kituwah mound site, which was historically the tribe’s spiritual and political center. But it does not own the surrounding hillsides where the substation is slated to go.

In November, Duke began bulldozing part of a mountainside tract near the Hyatt Creek/Ela exit off the Smoky Mountain Expressway between Cherokee and Bryson City to prepare for construction of the substation. The mountainside is considered by the Cherokee to be a part of the greater Kituwah mothertown. Should the project move forward, it would mar a viewshed integral to the tribe’s cultural identity.

The EBCI’s tribal council passed a resolution authorizing Principal Chief Michell Hicks to seek outside legal counsel to attempt to prevent Duke from moving forward with the substation and a transmission line expansion near the Swain County site during its meeting on Feb. 4.

Since then, work at the site has continued. Some 15 members of the tribe traveled to the Swain County commissioners meeting last week in order to ask the board to join with the tribe in opposing the Duke project. The commissioners took no formal action.

“We don’t have any ordinance or regulatory authority to cover that,” said Chairman Glenn Jones. “If the Cherokee want to bring a lawsuit or whatever, we told them we would probably be willing to put our name to it.”

Representatives from Duke have said the substation and line upgrade was intended to serve the expanding demand for energy created by the growth of Harrah’s Cherokee Casino.

Company spokesperson Paige Layne cited a lack of communication over the issue as the point of tension.

“This was not something we initiated to cause harm,” Layne said. “Our goal was to provide energy to our consumer base. I guess the next step is to make sure we’re doing that with the utmost respect to the tribe’s culture.”

Wednesday’s meeting could clear the air, but it could also solidify differences between the tribe and the utility company.

Duke has already expressed its intent to resolve the issue through a plan to mitigate the visual impact of the substation on the mountainside. But the tribal council’s resolution cleared the way for a legal battle that could play out in the form of hearings before the North Carolina Utility Commission.