N.C. senators voted 47-1 to ban the video gambling machines that have evolved to circumvent a statewide ban. Court battles waged by the gaming industry had previously stalled new legislation to outlaw video sweepstakes.

The ban proposed in the House would go into effect Dec. 1. Towns like Maggie Valley, Franklin, Canton and Hendersonville would no longer be able to charge the $2,500 or more annual licensing fees on the newly illegal businesses.

Rapp, D-Mars Hill — who has been a major opponent of video gambling all along — looks forward to finally voting against sweepstakes in the House.

“It’s spreading like a contagion, and it’s got to be stopped,” said Rapp. “This puts an exclamation point on the fact that it’s an illegal activity.”

Sen. Joe Sam Queen, D-Waynesville, wholeheartedly supported a total ban on sweepstakes machines when it came to a vote in the Senate.

“These parlors are nothing more than unregulated casinos operating outside the law,” said Queen. “I listened to all sides, but stand firmly with the sheriffs and police chiefs across the state who asked us to tighten the law because of the increase in crime and high social costs that come with these illicit operations.”

Rapp cited a desperate woman in Marshall who robbed a Wachovia Bank after running up debt at two video sweepstakes places.

Rapp also pointed out that the machines are predominantly found in poor neighborhoods. According to a survey conducted in Florida, the majority of people who play earn less than $30,000 a year or are retirees.

But the gaming industry — which previously denied that internet sweepstakes were at all related to video gambling — argues now that regulation is the key. It would protect customers and create accountability for businesses.

“[Taxation] would provide more than $500 million a year in revenue according to recent figures released by the N.C. Lottery,” said William Thevaos, president of the Entertainment Group of North Carolina. “Lawmakers know there’s a pot of money there if they would just regulate it and tax it.”

Rapp has hardly been won over by the argument.

“If an activity’s wrong, you don’t do it,” said Rapp, adding that most people would not advocate making other illegal activities permissible simply to generate revenue.

Rapp said out of frustration, he has sometimes considered resorting to what his attorneys term the “nuclear option” — banning sweepstakes of all kinds.

“Every time we try to do this surgically, and sit there with our lawyers, it’s a challenge,” said Rapp. “[But] cooler heads prevailed.”

In the eyes of Canton’s town leaders, the status quo in recreation funding just isn’t cutting it.

For years, the town of Canton has had to maintain an aging public pool and has struggled to obtain stadium lighting to allow night games at the International Paper sports complex, which could cost as much as $400,000.

Yet since the start of the recession, the town has received not a penny from the county to support recreation. Residents from all over the county, not just within town limits, use town facilities like the pool in Canton and the recreation center in Waynesville. Yet town taxpayers are left footing much of the bill without county support.

That prompted Canton’s mayor, all four of its aldermen and its town manager to show up to the last Haywood county commissioners meeting, requesting that recreation funding not only be restored, but also that it be doled out fairly.

“We feel like we’re not getting all the funding that we’re possibly entitled to receive,” said Canton Alderman Kenneth Holland.

Until the recession struck, Haywood County annually sent $30,000 Canton’s way for recreation, while sending $70,000 to Waynesville for the same purpose.

But last year the county eliminated recreation contributions for Canton and Waynesville and has revealed no plans for restoring it.

“The needs have been great, but funds have been few,” said Canton Mayor Pat Smathers.

Canton leaders say they feel shortchanged geographically. The resolution that the Canton board formally presented alleged that there were few programs “if any” and no facilities operated by the county recreation department in Canton and the rest of eastern Haywood County.

On the other hand, the county has begun planning a $6.3 million sports complex in Jonathan Creek after already completing the first county-developed park in Allens Creek. Both projects are in western Haywood County.

Canton’s board of aldermen have requested that the county once again allocate funds to individual towns and school recreation programs, rather than to the county recreation department.

“At least on this end of the county, there’s a perception, ‘Hey, what’s the county rec department doing here?’” said Smathers.

But Claire Carleton, county recreation director, denied that there was any favoritism for the western half of Haywood.

“Each entity has got to stand up and prove their needs,” said Carleton. “No matter where they’re coming from, east, west, it doesn’t matter.”

While county commissioners were sympathetic to the Canton board’s request, they stressed that the recession has left their hands tied when it comes to appropriating funding for recreation.

As a Canton resident, Commissioner Skeeter Curtis is well aware of the town’s recreation needs, but he said the county is down to bare bones with the tough economy. Curtis also pointed out that the Town of Canton is “well-represented” on the county recreation board, which has a significant say in which projects the county moves forward with next.

“If there was money, I would stand up for the people of east Haywood,” added Curtis. “But I’m on both sides of the fence now, I can see both sides.”

Meanwhile, Commissioner Kirk Kirkpatrick emphasized that “contrary to popular belief,” no construction work had started on the Jonathan Creek park. Kirkpatrick also pointed out that in the past, the county supplied $321,000 to help construct the sports complex in Canton. Haywood County also transported fill from the Beaverdam Industrial Park to grade the sports complex at the county’s cost.

Commissioner Bill Upton said Canton is actually in the lead when it comes to having a complete sports complex. For now, the Jonathan Creek sports complex exists only on paper.

“If they ever get their lights, they’re way ahead,” said Upton.

Bridging the divide

Canton’s town leaders claim that 65 percent of the people who use the public pool in Canton come from outside town limits. Similarly, the town of Waynesville reports that about 70 percent of people who use its recreation center do not live in town.

Though user fees generate some revenue, town property taxes play a significant role in propping up both the Waynesville recreation center and Canton’s outdoor pool. In essence, town taxpayers are subsidizing those two facilities for the entire county.

The Town of Waynesville reports that it makes $695,000 operating the recreation department, including the recreation center. In contrast, the recreation department faces $2.2 million annually in expenses, from paying off debt on the recreation center to paying regular operating expenses. It’s up to town taxpayers to help make up the difference with $1.1 million of contributions from property taxes in the 2010-2011 town budget.

For now, Waynesville residents pay the same monthly fee as county residents at the recreation center, though town leaders have toyed with the idea of charging higher fees for county residents living outside town limits in the past. The idea has proven to be a logistical challenge.

“That becomes a total nightmare when someone’s coming in to check in,” said Wells Greeley, Waynesville alderman.

The easiest way to receive support from county taxpayers who live outside town limits was to receive direct funding from the county. With the total cut in recreation funding from the Haywood county taxpayers though, towns are now left to their own devices.

“It is a challenge every year to devote the money to our recreation, but it’s a vital part of every municipality in Haywood County,” said Greeley.

Carleton said while recreation is crucial for both the mental and physical health of citizens, most government officials see recreation as a non-essential service. The county recreation department has seen major funding cuts of its own since the recession hit.

“That’s just the way it’s always been, from the national level all the way down to Haywood County,” said Carleton. “It’s a widely known fact, the first thing that’s going to be cut is recreation.”

Carleton would not say what she thought was the best way to divvy up the recreation responsibilities among county and town recreation departments. But she added that the most important points are to not duplicate services and to work together.

Waynesville Mayor Gavin Brown agreed that governments philosophically shouldn’t be competing with each other.

“I hate that east-west argument,” said Brown. “I thought we had got over it ... that kind of diatribe and that kind of mentality gets you nowhere.”

However, Brown said he, too, would like to see recreation funding restored to municipalities. More than that, he would like to see the county work more closely with the towns.

“If the county wants to be in recreation, it should sit down with everyone to decide how we want to spend the citizens’ money,” said Brown. “What we need to do is sit down and discuss things, and that’s not going on now. That is the biggest problem.”

Against all odds, a 250-year-old scarlet oak tree still stands on N.C. 110 south of Canton, despite being struck by lightning, despite neighboring a busy road, despite being forgotten by many for more than three decades.

A Native American council existed near the Osborne Boundary Oak, and Gen. Griffith Rutherford and his men marched by the tree while battling Native Americans nearby. The tree is documented to have served as a line marker in the late 1700s.

It remained in public memory long after.

In 1976, hundreds of local activists rallied to save the oak after the North Carolina Department of Transportation announced it would fell the tree in its quest to widen N.C. 110. Public opposition was so strong that DOT moved the highway to rescue the tree in 1978. It even put up a guardrail to protect the historic oak.

After so much energy was invested into preserving the Osborne Boundary Oak, it now lives unrecognized and undistinguished, trimmed and hacked haphazardly like any other tree by the DOT.

This year, Doris Hammett, one of the original protesters against the DOT in the ‘70s, decided it was time to take up the cause once again.

Hammett’s husband spent his last days near the tree at Silver Bluff Village, an assisted living facility in Canton. She visited him daily and would pass the diseased tree each time she went. Hammett knew she had to take action.

“In the ‘70s, the tree had a full canopy of leaves ... It was a healthy tree,” Hammett said. “When I went back, the tree has rotten limbs, it’s diseased, it’s been hacked.”

Hammett contacted the DOT, the Haywood County manager, a state senator, two historical societies, Haywood Community College’s Forestry Department — everyone she could think of who might help.

The DOT was caught completely off-guard by Hammett’s call. Changing of the guard at the agency meant knowledge of the oak had gradually been lost as officials retired.

Lloyd Anderson of Southern Tree Care, along with Doris, her daughter, DOT representatives, and historical society members, recently visited the oak to see if any hope remained for the badly damaged tree.

After a close inspection, Anderson said the tree had suffered significant root loss due to road construction, been injured by salt flying off the highway in the wintertime, and had survived being struck by lightning in the last five years.

Despite all that, Anderson concluded that with proper care, the tree could be rehabilitated and survive for another 50 years.

“It’s a tough, old tree,” Anderson said. “Everything that’s been done to it, especially after it’s been struck by lightning, it definitely has a vigor and life to it.”

Richard Queen, roadside environmental engineer at the DOT, said since learning of the oak and seeing it face-to-face, he, too, would like to see the tree saved.

Queen said the DOT would take care of the tree and bring it back to life, though the agency’s first concern will always be public safety.

“We always have to consider the liabilities of a limb falling on someone as they drive by,” Queen said.

Hammet is confident the DOT will once again take action to save the tree, but regardless of the help it has pledged, Hammett is not taking any chances on the tree this time around. She hopes to raise awareness of the Osborne Oak and other historic trees in the area to ensure they are remembered and flourish for as long as possible.

The Bethel Rural Organization is working to get the Osborne Boundary Oak on the America’s Historic Tree Register, while Hammett has convinced Haywood Community College to have its students study the tree each year to observe its growth.

With Arbor Day coming up April 30, Hammett and her daughter, Karen, hope the community will not only plant new trees but also recognize the special trees we already have.

“We have very little of the old growth forest left,” said Karen Hammett. “Old remaining giants show us what the forest was originally like before settlers came here.”

Recognized ‘Tree Cities’ in WNC

Waynesville, Sylva, Asheville and Brevard were recognized by the nonprofit Arbor Day Foundation as a Tree City USA community for their commitment to urban forestry.

Waynesville was one of only 20 towns in the state to also receive a Tree City USA Growth Award for demonstrating progress in its community forestry program recycling. The prestigious Growth Award honors environmental improvement and higher levels of tree care in Tree City USA communities.

Tree City USA communities must have a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance and proclamation.

More information about Tree City USA can be found at www.arborday.org/TreeCityUSA.

Not every tree planting is beneficial

Planting a tree this Arbor Day, April 30? Waynesville town horticulturist Jonathan Yates hopes it’ll be the “right tree for the right place.”

Yates bemoans that many trees in town are mutilated each year to keep from touching utility lines overhead. He would rather see the trees cut down and have shorter trees planted, which would save homeowners from investing money in yearly maintenance, Yates said.

Waynesville has a list of trees that are appropriate for each neighborhood. Contact Yates at 828.456.3507 for more information.

A trail alongside the Pigeon River may materialize between Canton and Clyde, but recreation will not be its primary purpose.

The goal is to create a buffer zone clear of any development 100 feet from the riverbank as a safeguard in the event of future floods. The buffer strip could additionally be used as a walking trail or biking trail beside the river.

“It’s much more than a recreational use — it’s mitigating a flood hazard,” said Canton Town Manager Al Matthews.

Haywood County, along with the towns of Canton and Clyde, undertook the project shortly after massive flooding on the Pigeon left a devastating wake in 2004.

All three worked together to lock down $1 million from the state Clean Water Management Trust Fund. Though that is far less than the $10 million they originally applied for, the trio still has a chance of receiving additional funding from Clean Water.

Most of the work on the trail now involves acquiring conservation easements for nearly 100 properties in the flood plain next to the river, a process that could take years.

Property owners will be reimbursed for participating with a share of the $1 million that’s been set aside.

Though the program would be mutually beneficial to both landowners and the river, it will be strictly voluntary, according to Tony Sexton, project specialist for Haywood County.

For those who participate, farming alongside the Pigeon could continue, though building new structures would be forbidden.

For now, Sexton is not positive a full-fledged greenway will be achievable. He anticipates a checkerboard effect of conservation easements along the river.

“It’s unusual to get three or four property owners in a row that ever agree on anything,” said Sexton. “The odds of having a continuous swath of property owners is fairly remote.”

Asheville-based Martin-McGill Associates is coordinating the project and will be responsible for acquiring properties or negotiating conservation easements with property owners.

While everyone hopes that the 2004 disaster won’t repeat itself, a buffer would be helpful in case another major flood strikes, said Ellen McKinnon, grant administrator with Martin-McGill.

“This is a proactive thing to do before the next flood,” said Sexton.

McKinnon has begun talking to property owners about the easements, but still spends most of her time with paperwork at this stage.

Sexton agreed that securing the $1 million grant has been a drawn-out process.

“There’s lots of hoops to be jumped through and committees that only meet once every three months,” said Sexton.

Nevertheless, enthusiasm for the project hasn’t faded over the years.

“What we’re trying to do is make the Pigeon River as healthy as possible, so that it can handle the influx of water,” said McKinnon. “These buffers are incredibly helpful to keep the banks stable and keep that sedimentation out of the water.”

“We are excited,” said Joy Garland, town administrator for Clyde. “It’s a great opportunity for the towns, as well as the county.”

One of the region’s most beloved and authentic cultural traditions, Shindig on the Green, will present “A Celebration of Mountain Traditions” annual fundraiser with headliner Balsam Range plus Laura Boosinger and Bobby Hicks and the Cole Mountain Cloggers at 7 p.m. Saturday, March 20 at the historic Colonial Theatre in downtown Canton for an evening of traditional old-time music and dance.

The March 20th “Celebration of Mountain Traditions” fundraiser is a key element in securing necessary funding for the free and beloved Shindig on the Green summer Saturday evenings in Asheville. After a four-year relocation to make way for the new park construction, Shindig returns to its original location this summer in the heart of downtown Asheville at Pack Square Park’s Roger McGuire Green, on the new Bascom Lamar Lunsford Stage. Dedicated to the celebration and preservation of the region’s rich cultural heritage, Shindig on the Green’s 44th summer season is scheduled for July 3, 10, 17, 31; August 14, 21, 28; and September 4.

The concert has a $6,000 monetary goal, with all of those funds needed to help cover the “free” Shindig’s very real operating costs, which average $6,000 an evening. The Folk Heritage Committee’s produces Shindig on the Green and the Mountain Dance and Folk Festival in order to support the preservation and continuation of the traditional music, dance and storytelling heritage of the Southern Appalachian Mountains.

Based in Haywood County, Balsam Range’s members grew up in the rich musical heritage of the Appalachian South, surrounded by culture and heritage steeped in traditions of The Grand Ole Opry, bluegrass, gospel and country music. Featuring Grammy award winner Marc Pruett on banjo, Darren Nicholson on vocals and mandolin, Buddy Melton on fiddle and vocals, Caleb Smith on guitar and vocals, and Tim Surrett on bass and vocals, Balsam Range is celebrating the success of its single, “Last Train To Kitty Hawk,” the title cut from the band’s second album, hitting No. 1 on the national Bluegrass Unlimited Chart in September 2009; the album itself reached No. 5 that same month. The band also recently took the stage for a live television taping of the popular PBS program “Song of the Mountains,” playing alongside Rhonda Vincent and the Rage before a sold-out audience.

Two of Western North Carolina’s more well-known and beloved musicians are pairing up to perform together. Laura Boosinger’s concert performance and recordings have earned her a well-deserved reputation as one of North Carolina’s most talented singers and interpreters of the music of the Southern Appalachians. Conventions, festivals, workshops and family concerts each provide a unique opportunity to showcase her talents as she features a variety of traditional stringed instruments, including old-time banjo, guitar, Appalachian dulcimer and fingerstyle Autoharp. Boosinger is also the Executive Director of the Madison County Arts Council.

Living legend Bobby Hicks is a self-taught fiddler who has played since he was nine years old. Originally hired by Bluegrass legend Bill Monroe in 1954 to play bass, Hicks switched to fiddle when fiddler Gordon Terry was drafted into the military. He joined up with the Ricky Skaggs Band in 1981, and throughout the ‘80s and ‘90s won multiple awards with the Ricky Skaggs Band and with Ricky Skaggs and Kentucky Thunder. Today, whether teaching young fiddlers, making guest appearances all over Western North Carolina, or playing a hot fiddle streak on stage, Bobby Hicks continues to contribute to the enjoyment of fans everywhere.

The Cole Mountain Cloggers, dancers from Buncombe, Madison and Mitchell counties, has won multiple awards, including the Ruth Jewell Trophy for Best Dance Team performance, claiming championship of the 2009 NC State Fair.

Tickets are $20 for adults, and children 12 and younger are $10; group rates (10 or more adults) are $15 per person. For tickets call the Colonial Theatre at 828.235.2760 from 7 a.m. to 4 p.m. Monday through Friday; or to reserve tickets, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.. For more information, visit www.folkheritage.org or call the Folk Heritage Info Line: 828.258.6101, x345.

Mix a strong environmental ethos, economic realism and strong community pride all together in the same brain (mine, in this case), and in almost any environmental controversy or issue, there’s an outcome that fits nicely into my world view.

Logging in national forests? It’s fine, but do away with large clearcuts and don’t make taxpayers subsidize road building. Coal-fired power plant air pollution? Despite the threat of higher electricity rates, make them install the most up-to-date pollution controls on every coal-fired plant in the country. Buffers on mountain streams? Laws should be stringently enforced and fines for violators should be large. I could go on and on.

When it comes to Evergreen Packaging (the Canton paper mill owner) and its wastewater discharges into the Pigeon River, however, it’s far more complicated.

And now, as the EPA says the state is being too lenient on the mill and threatens to take over the permitting process for its wastewater discharges, I’m more than a little worried about the future of this huge east Haywood plant and the smaller packaging facility in Waynesville.

In the name of full disclosure, however, readers should know a few things. First, I’ve had informal ties to what was formerly Champion International for more than two decades. When I was editor of the paper in Roanoke Rapids, North Carolina, I was friends with management and rank and file employees. My daughter’s babysitter was the wife of a Champion engineer. I broke bread and tossed back beers with those workers.

As a journalist in Western North Carolina since 1992, I’ve watched as Champion morphed into Blue Ridge Paper Products and then was purchased by Evergreen. Here in the mountains I’ve known dozens of employees, guys I’ve played basketball with, people whose children I’ve coached in soccer, and people I’ve gotten to know because of their involvement in civic groups or who have been elected officials in the region.

Finally, Evergreen just recently became a major sponsor of Folkmoot USA, an international dance festival I’ve been involved with as a volunteer for the past decade. The company didn’t give a huge amount of money, but it did make a commitment that will help Folkmoot quite a bit. Over the last 100 years I would dare say that the owners of the Canton mill have made it the most philanthropic private company in the region.

So there you go.

But wait, if I’m going to be completely honest about how Evergreen affects me, there’s more. The businesses I own, including Smoky Mountain News, will have a better profit and loss statement this year if Evergreen remains viable, keeps providing jobs for 1,400 people, keeps pumping money into the economy, and keeps helping the businesses that purchase advertising from us. I’d venture to say that the list of businesses in Haywood County and the region who could make similar statements is very, very long.

I have a feeling that the disclosures mentioned above don’t really set me apart from most of my acquaintances in Haywood County and this part of the state. The truth is that almost everyone who lives here, and especially those active in community and civic affairs, are in the same position. The paper mill’s employees are our friends who help form the backbone of this place we call home. In addition, the $70 million annual payroll and its $58,000 per year average wage have a profound impact.

I’ll tell you another reason I want Evergreen to emerge from this permitting process still profitable. Call it nostalgia, but there’s a place deep in my soul for people and companies that make something tangible. This feeling led me as a young college graduate to spend nearly 10 years on building sites as a carpenter. These days, we are outsourcing everything. What was once an idealistic disdain for polluting factories has turned into a deep respect for American companies that are able to pay people a good wage while making a profit by building or making things, whether it’s tires, cars, electronics or paper.

We all want the color of the Pigeon River as clear as the water in the Nantahala and Tuckasegee rivers. Absolutely, no doubt about it. It hurts every time I go by that river and see its tea-brown color. Those downriver who don’t benefit from Evergreen have valid arguments about lowered property values. Yes, it’s a huge mill on a little river that would never get a permit today.

Here’s the bottom line: I expect state and federal regulators to demand as much improvement from the mill as is possible without forcing it out of business. I’m no scientist, so in this instance I have to rely on those who know about these things.

But here’s what I do know: I don’t want those friends of mine jobless. I don’t want the town of Canton bankrupt or Haywood County to suffer the loss of its largest taxpayer, negatively affecting schools, law enforcement, health services, the community college and much more.

This is the real world, the place we live in every day. I’m an environmentalist and want Evergreen held to the strictest standards it can meet while remaining open and continuing to be an integral part of this community.

(Scott McLeod is editor of The Smoky Mountain News. he can be reache at This email address is being protected from spambots. You need JavaScript enabled to view it..)

A water pollution permit for the Canton paper mill has come under fire by the Environmental Protection Agency.

The pollution permit is up for a periodic review by the state. The EPA isn’t pleased with the standards the state has proposed and is calling for tougher limits.

If the state doesn’t ratchet up the controls, the EPA has threatened to step in and handle the permit itself. The EPA gave the state 90 days to respond with a rewritten permit. Such intervention is rare.

The state environmental engineer who wrote the draft permit was barred from speaking to the press after making controversial comments to other newspapers last week. Sergei Chernikov told media outlets that the standards suggested by EPA would come with astronomical costs that are financially out of reach for Evergreen Packaging. He also defended the mill and spoke out against the tougher requirements being sought by EPA. After the comments appeared in print, the Division of Water Quality press office took over media inquiries related to the EPA intervention.

“The information Sergei expressed was the information he had when he designed the draft permits. But we have other information being evaluated,” said Susan Massengale, public information officer for the Division of Water Quality. “It is a much bigger picture.”

Three hearing officers will ultimately decide on how stringent the state permit is, not the engineer who wrote the draft permit. The suggested limits in the draft permit are only part of what the hearing officers will consider when making a final decision, Massengale said.

They will take into account numerous comments from the public input period, from environmental groups to mill supporters. The EPA falls in that category as well, Massengale said.

“It has submitted its comments for this process the same as any other commenter,” Massengale said.

But unlike the other commenters, the EPA carries regulatory weight and can mandate pollution limits by taking over the permit.

Massengale would not comment on what limits the EPA wants tightened up.

“I am not going to parse the language. That is up to the hearing officers,” Massengale said.

To Hope Taylor, executive director of Clean Water for NC, the EPA recommendations don’t go far enough.

“If you were going to bother objecting to the permit, why not do so in a way that could accomplish a lot more?” Taylor said

For example, the color limit recommended by the EPA of 36,000 pounds a day is only 1,000 pounds less than what the mill is discharging now. And while the EPA is taking a tougher stance on temperature, it would only look at monthly averages, which does nothing to rein in spikes of hot discharges that can lead to fish kills, Taylor said.

During the 1990s, the mill embarked on a $330 million environmental overhaul, spurred partly by expensive lawsuits. Environmentalists and downstream communities want the mill to make further improvements. But instead, it seems progress has plateaued.

As for Evergreen Packaging, they released a written statement about the news saying that the EPA comments were part of the permit process, which is designed to consider all voices and viewpoints.

“We look forward to continuing to work with regulators on finalizing a permit to continue the progress that has been made,” the statement read.

What the EPA wants

Evergreen paper mill in Canton sucks roughly 29 million gallons a day out of the river and uses it in myriad aspects of the paper making process — from cooling coal-fired boilers to flushing chemicals through wood pulp — and then dumps it back in the river again.

The EPA wants the mill to reduce the dark color of its discharges slightly beyond what the state is calling for and wants to see a study of color going into the Pigeon River. The state was willing to reclassify the mill as being in compliance with the state’s color standards and no longer in need of a color pollution variance, but the EPA maintains that the mill should not come out from under the oversight of a color variance.

The water the mill puts back in the river is much hotter than the river’s natural temperature. The EPA also wants tougher limits on the temperature than the state asked for.

The state also was willing to drop testing of fish tissue for dioxins, since there is no longer a warning against eating any of the fish species from the Pigeon. But the EPA still wants to see testing every other year. The state proposed monitoring dioxin discharges based on a monthly average, but the EPA wants a maximum daily limit imposed as well. The EPA also called for more monitoring in several areas the state was willing to overlook.

• The mill is operating within state pollution limits on most counts. The current permit allows a variance in two areas: temperature and water color. In the new permit, the mill is again seeking a variance for temperature, but not for color.

• The mill proposes to reduce color over the next four years from 42,000 pounds a day allowed under the current permit to 37,000 pounds a day within four years. The state doesn’t have a hard and fast limit on color but uses a subjective measurement, and has deemed that 37,000 pounds is acceptable.

• The improvement is small in comparison to the major reductions made since the late 1980s, when the mill discharged 380,000 pounds of color a day.

• Under the temperature variance, the mill can raise the water temperature by 25 degrees when measured half a mile downstream from the mill compared to upstream temps.

• Water would be sampled and monitored less frequently under the new permit. Evergreen does the monitoring itself and submits the stats to state regulators.

Two contrasting images of the Pigeon River emerged at a public hearing on a controversial new water pollution permit for Evergreen Packaging, a paper mill in Canton.

The mill needs to renew its state permit to continue drawing roughly 29 million gallons a day from the river, using it in the papermaking process, then dumping it back into the river.

On one side of the divide were mostly raft guides, environmentalists, and Cocke County, Tenn., residents, who insisted the river was filthy and dangerously in need of stricter pollution requirements. They characterized the draft state permit as too weak and demanded a revision.

Meanwhile, the opposing party praised the Pigeon as a success story of past decades, a complete turnaround from its — literally — darker days. This pro-water permit faction, however, focused less on the river than the vast economic impact of the mill in the region and the efforts it has already made to clean up it’s operation.

They stressed that imposing rigid pollution requirements on the mill would be too expensive and could lead to job cuts.

“Everyone knows the advantages and strides that this mill has made over the years and the hundreds of millions of dollars they have invested in environmental issues,” said Haywood County Commissioner Skeeter Curtis. “I ask you, issue the permit. Don’t have restrictions that are not economically affordable to the mill.”

With about 1,400 employees, the mill is a major taxpayer, and supports related business and community organizations.

Mike Clayton, president of Champion Credit Union in Canton, referred to the mill as the “heart and soul” of Canton.

“The ripple effect of the Canton mill pays our mortgages and sends our kids to college,” said Clayton.

Luke Goddard, who serves as a town board member in Newport, Tenn., suspected an economic motive was driving most North Carolinians’ support for the water permit as written.

“What they have done is they’ve sold out the community, and they’ve sold out the river downstream, and they have bought your admiration,” said Goddard. “Sure you think, they’re great people. They’re paying you...What you’ve given us downstream is death, dioxin, chemicals, and you haven’t cleaned any of it up until somebody made you clean it up.”

“It looks a lot to me like money really talking around here,” said Frances Miller of the Cocke County Health Council. “I don’t think money is going to help us all that much once we don’t have any clean water or any clean air. I’d hate to leave that as a legacy to my grandchildren.”

Since 1990, the mill reportedly spent $526 million on an overall environmental overhaul, including about $300 million on the Pigeon River alone. While the river downstream is vastly cleaner now, progress has plateaued in recent years.

“We know the mill has made progress, but we haven’t seen progress in the last ten years,” said Hope Taylor of Clean Water for North Carolina. “North Carolina, I have very little faith in you. I’d like you to prove us wrong.”

Most Tennessee speakers said they did not come to the hearing to take jobs away, but to find a common solution that would benefit all who rely on the Pigeon River.

“We’re not here to demand food from your table,” said Raven Carswell. “Only a seat at the table you’ve been feasting at for years. We’re tired of scraps.”

Others pointed to health dangers posed by the Pigeon River because of the mill.

Michelle Cueller said she has contracted a skin irritation known as chemically-induced eczema for life after serving as a raft guide on the Pigeon River for 10 years.

“I can only hope that this is the only health infliction I will face,” said Cueller. “The stinging in your face, eyes burning from the water when you’re getting splashed [are] our facts.”

Joseph Hanks, vice-president of Evergreen Packaging, emphasized that the current owners and leaders of the mill had nothing to do with the “pain of the past.”

“There’s no mill in the world that is more compliant than this mill, so how much is enough?” asked Hanks. “The money is there when the technology is available to reduce the color...At some point, it’s just not fair to keep us from operating just because of the past.”

Stacking the deck

Both sides called in reinforcements while espousing their perspective on the pollution permit. Canton Mayor Pat Smathers called four aldermen from the town to stand behind him as he called for the permit to be granted as written.

“We’re all united in the Town of Canton behind Champion International,” said Smathers, despite the fact that Champion International abandoned the mill in 1997, and the mill is now on its second name change since then.

Smathers asked the other aldermen to speak after him — even though the moderator had not called out their names — then returned to the podium with more remarks, garnering criticism later that night for using up more than his share of time and for going out of turn.

Soon after, a raft guide called up about 20 fellow raft guides to demonstrate how the local economy in eastern Tennessee relies heavily on a healthy Pigeon River.

To that, Haywood County Commissioner Chairman Kirk Kirkpatrick had a quick retort.

“I suppose I could ask everyone impacted by the mill to step in here and they would fill this room,” said Kirkpatrick, adding that the families impacted could fill up the entire gymnasium across the hall.

N.C. Representative Ray Rapp, D-Mars Hill, pointed out that there has been a vast increase in rafters — from 21,000 in 1995 to 150,000 in 2007 — because of the mill’s expansive cleanup project.

“You’ve got a job because something was done about that river,” said Rapp, raising his voice. “I think you need to pay attention to that.”

Rapp said he agreed there must still be more progress but that the state should also recognize and support the mill’s willingness to use the latest technology to lessen pollution.

Audience members from both sides piped up later as Tennessee resident Peter Morrison blasted Smathers for coming up with his “panoply of alderman.”

“That is not fair,” said Peter Morrison. “They should have come up one at a time, not marching up here like the gangbusters.”

While Morrison spoke, a few attendants yelled out that the many more rafters than aldermen had walked up to the podium, prompting shouts from the other side that Smathers had spoken twice without signing up for two slots.

Morrison sat back down after the moderator told him he was out of order, but not before sneaking in another complaint about having to wait for speakers to walk down the aisle to get to the microphone.

The strangest moment in the night was undoubtedly when Clark Bauer went up to speak. Bauer took off his rafting T-shirt as he announced he was done with the rafting industry and would no longer take anyone to the Pigeon River.

Bauer said the millions spent by the mill on cleaning up the river could never make up for it causing cancer in his family.

“$525 million, where’s my family? I could’ve had more family,” said Bauer, adding that he and many others have received infections from the Pigeon River. Bauer even threatened to pull down his pants to show everyone “the sore on [his] butt.”

The moderator’s only response was, “We don’t want you to do that.”

If all goes according to plan, a new regional livestock market will open in Canton by late May to more than 3,000 happy cattle farmers from Western North Carolina.

The venue will again provide a stable market to help livestock from WNC find their way into the global marketplace.

“It’s going to be a great opportunity for our district,” said John Queen, a Haywood County cattleman who will operate the new market. “It’ll once again bring this great agricultural county back to life.”

Cattle farmers have struggled to cope after the primary auction house serving the region shut its doors six years ago in Asheville. Traveling to markets in Tennessee, northern Georgia and eastern North Carolina has taken a big bite out of producers’ profits.

Queen recalled the days when there were not one, but five cattle markets in Western North Carolina.

“We’ve lost all that,” said Queen. “All of our farmers have to travel out of state.”

Some small cattlemen, already stretching to make ends meet, decided to leave the business.

Western North Carolina Communities, which is leading the effort, has landed $2.1 million of its $3 million target.

The $2.1 million already secured is enough to build an operable market, but nonessential components, like a compost area for manure, landscaping and a portion of parking, will be delayed until more money can be raised.

WNC Communities hopes to break ground on the project some time in February.

According to L.T. Ward, vice-president of WNC Communities, the recession is actually working in the livestock market’s favor.

“We are on a low budget,” said Ward. “We’ve been asking for the contractors to provide more than they normally would for the dollars.”

As part of the project, cattle farmers will not only secure a local livestock market, but they will also receive training from the state Beef Quality Assurance program to create a higher-quality product — which will help them fetch better prices.

With the state quality assurance program and lower freight costs, WNC cattle farmers would score $25 to $45 more per head by fall, which is peak selling season.

The proposed auction house will be located near exit 33 off Interstate 40 near Canton. It will eventually accommodate 1,100 head. Initially, it will accommodate around 700.

Producers will have a 44,500-square-foot covered area, where they can parade their cattle in an 8,000-square-foot heated sales arena, office and meeting room and queue them up in a 36,500-square-feet open space “barn” equipped with holding pens. While cattle will be the primary commodity, pigs, goats and sheep will be auctioned as well.

WNC Communities is fairly confident it’ll receive more grant money to complete the last phase. They hope to start construction in July and present a complete livestock market by this September.

Jerry Roberts, a cattle farmer leading the project, said the geographic location off I-40 in Haywood, yet close to the Buncombe county line, will have a positive regional impact.

Haywood County leads the region in the number of cattle farmers, with 500 farmers that raise nearly a quarter of the region’s cattle.

“I appreciate the fact that we’ve got it here,” said Gavin Brown, chair of the Haywood Economic Development Commission and mayor of Waynesville.

The Southeast Livestock Exchange, which owns a large cattle lot in Waynesville, will operate the new market. After being in the cattle marketing business for 30 years, Queen has gained plenty of experience. He said there’s always been good demand for cattle from Western North Carolina.

“We hope to rebuild the demand that we had at one point in time,” said Queen. “And we know that can happen.”

Ed Johnson, who runs a small-scale livestock market in Canton, was invited to apply to become the new market’s operator. Johnson chose not to bid due to the proposed market’s large size.

“He felt the expectations were greater,” said Ward, adding that WNC Communities maintains an open dialogue with Johnson and considers his market “friendly competition.”

Johnson has criticized efforts to create a new market instead of building on his small-scale operation. Johnson started up his auction house in 2008 to fill the void faced by cattle farmers. But according to Ward, the feasibility study for the larger market was already underway when Johnson made his move.

WNC Communities is waiting on a re-use permit from N.C. Department of Environment and Natural Resources for the site, a former landfill owned by International Paper.

The landfill will also be used by the Town of Canton for a youth athletic field.

While Ward maintains the entire project is farmer-driven, WNC Communities have had their work cut out for them, applying for funding from five different organizations, each with their own guidelines.

Paying for a new livestock market

The lawsuit against Big Tobacco in the 1990s resulted in a financial settlement with states. North Carolina dedicated 25 percent of its $4.6 billion piece of the pie to the N.C. Tobacco Trust Fund to help former tobacco farmers find another economically viable way to make a living. Another 50 percent of the settlement money goes to the Golden Leaf Foundation, which funds economic development initiatives in tobacco-dependent regions.

Both entities supported a new regional livestock market for the mountains, with a $875,000 grant from the N.C. Tobacco Trust Fund and $500,000 from the Golden LEAF Foundation. Other funding included a $400,000 grant from the North Carolina Rural Center and $75,000 from various county governments, local businesses and individual farmers.