Protect Laurel Valley in Madison County, NC

(click here to see pumphouse)

and here is the 18 inch pipe with the "T" going to Breakaway;

(click here to see pipe)

and here is Puncheon Fork Creek running at about 1/4 level after 18 hours of pumping for artificial snow on Dec. 16-7;

(click here to see stream)

25 October 2007 –The Wild and Scenic Film Festival at the Asheville Pizza and Brew was a wonderful success, completely sold out. We saw great films, met old friends and made new ones. Thanks to Patagonia, Clean Water for NC and the Pidgeon River Project for supporting, participating, and carrying on.

18 October 2007 –The questions below concerning the rezoning were sent to all of the county commissioners on 20 September. They were ignored by Vernon Ponder. They were ignored by Elsberry Wyatt. They were ignored by Eddie Fox. They were ignored by Hal Moore. Clearly these commissioners care not about any accountability for their actions, since they are above their own rules and regulations.

Only Dyatt Smathers responded, thank you. He denies speaking to any of the other commissioners before the meeting about the rezoning. He did not indicate why he changed his vote. He directed the legal questions about the meeting to county attorney Ward Scott, who has not responded.

Once again we have county government operating in the shadows, unaccountable to anyone.

Madison County still has no comprehensive plan.

Developer Rick Bussey just borrowed 3 million from Carolina Savings, Charles Taylor's bank. We guess it isn't to put land into conservation easement.

13 September 2007 –Madison County Commissioners Meeting

Background: Rezoning of three tracts in Laurel Valley to commercial and resort variously, totaling over three hundred acres. Part of a larger plan which includes a jetport, a 300,000 gallon per day sewage treatment plant, and over 900 homes on 1000 steep slope acres. Rick Bussey and Orville English are the main developers, although the financial backers are unknown.

Commissioners passed the rezoning 3-2 in Spring 2006. Laurel Valley Watch brought a legal challenge to the rezoning, which resulted in a settlement with Madison County that the developers would have to start the rezoning process from the beginning.

Commissioners present were Eddie Fox, Hal Moore, Dyatt Smathers and Elsberry Wyatt. Vernon Ponder did not attend because he owns land adjacent to one of the rezoned properties (for which he should not have voted in the 2006 meeting).

After a spectacular outpouring of evidence against the prudence of approving the various Wolf Ridge development's applications for rezoning, they were indeed, approved, this time 4-0. At that point many of us experienced a total scrambling of our logical brain functions. 300 acres of our beautiful valley are now due for destruction.

During her rebuttal period, the counsel for LVW asked for all of those in the audience who were opposed to the decision to stand up. By her conservative count, 85% of the packed courtroom was in disagreement with the decision made by the commissioners.

With absolutely no questions by the commissioners to the developers, and seeking no public input other than Laurel Valley Watch speakers, a call for approval was put forth by commissioner Hal Moore. When told by attorney Larry Leake that legally, he would have to offer an explanation of why he was approving the request, Mr. Leake was met with a pathetic blank stare from Mr. Moore.

Mr. Moore was incapable of uttering any reason for his approval of the applications. Mr.Leake then proceeded to put words in Mr. Moore's mouth, who promptly repeated the words he had been told to use. Many got up and walked out to show their disgust.

A few questions.

1. Why did these developers get a special meeting, the second county commissioners meeting that week? ShouldnÕt they have to wait for a regular meeting, like everyone else? Who footed the bill for this extra meeting? The taxpayers of Madison County?

2. During the meeting, 35 minutes was given to the developers to make their case, and 35 minutes given to Laurel Valley Watch to make its case. Why was no public comment invited, either for or against the rezoning? Laurel Valley Watch does not represent the entire county, nor does the attorney for the developers, Philip Anderson. Why was no one else asked to speak, according to the NC Open Meetings Act?

3. Larry Leake represented Madison County. Larry Leake is not the county attorney, and his Òunfinished businessÓ for the county concluded with the resolution of the lawsuit. This rezoning was supposed to be a new start, and therefore the business of the current county attorney, Ward Scott. There was no legal reason for Mr. Leake to represent the county. Was he hired ad hoc per diem?

4. Larry Leake represents Orville English, one of the developers, in the Branberg lawsuit, which charges the developers with timbering, blasting, and selling off land they did not own. This is a clear conflict of interest. How can Mr. Leake be counted on to represent the interests of the people of Madison County if he is employed by one of the developers? The outcome of the Branberg lawsuit direct affects the land rezoned.

5. Elsberry Wyatt, on seconding the motion for the first rezoning to be approved, said, ÒYou all are not going to like what we decided.Ó Since this was the first commentary spoken all evening by the commissioners, it is a clear admission that they decided to approve the rezoning before coming to the meeting. A court recorder recorded the meeting. Is this another violation of the Open Meetings law? Earlier in the day, commissioner Fox told people that the commissioners had already decided. How long do the voters in Madison intend to put up with this?

6. Why are the county commissioners totally ignoring the devastating effects of the drought on our water supply? Why are they not considering the effect that 900 new homes would have on that water supply? Are these the people you want to trust with your most precious resource? Without water we die. Period.

7. Not so much from the meeting, but the required signs on the lands involved, that are supposed to alert the public about the meeting, were in one case about 100 yards off the road, another on small red paper that you would have to trespass in order to read, and another not there at all.

10 September 2007 –Do you remember that hot, steamy night last August, when four hundred, 400!!!, of us showed up to express our distain for the issuing of a permit by the Division of Water Quality for the proposed sewage treatment plant on the Puncheon Fork Creek? What a night that was! Well, as all good cycles do, this issue has come 'round again. Developers Bussey and English have resubmitted their application for the same project. It was a bad idea in 2006, and with the current severe drought, it's an even worse idea in 2007. All they are doing with this new permit is changing the discharge location to a point 1/2 mile upstream. It's still the same bad idea.

Now, you the public - once again - have the opportunity to lead the leaders to a sane decision. A new period for receiving public comments has been established. It's always nice to be called back for an encore! That just means that you performed so well, did such a good job, and that your opinion is so valued and valid, that you get to write another letter in support of the streams that you love so much! Now we're counting on you to speak truth to power once again.

Can you send a letter to the Division of Water Quality telling them your reasons why you know this is one of the worst ideas you've heard of in a long time? Western North Carolina is experiencing a major drought, and water levels in all of our streams are down to alarming levels. Puncheon Fork Creek cannot sustain another insult of treated human sewage being dumped in it!Remember, the deadline for accepting public input is the end of this month.

Toya Fields/Division of Water Quality

Environmental Management Commission/NPDES Unit

1617 Mail Service Center

Raleigh, NC 27699-1617

Re: Permit #NC 0088188

23 July 2007 –The Madison County planning board held its monthly meeting at the courthouse tonight in Marshall. On the agenda were two major subdivision cases that were hold-overs from the July meeting.

The first, a major subdivision request off Beauty Spot Cove and Puncheon Fork Road in Mars Hill, was provisionally approved until Mr. Bulow (the land owner and developer) can get a certified structural engineer to inspect a small, deteriorating, right of way bridge that accesses the land in question. The current state of the bridge, according to the lawyer for a neighbor, is inadequate for a new subdivision.

The second, a subdivision off Watershed Road, requested by Scott Carswell, of Madison Mitchell,LLC, and Madison Oaks, LLC, which was denied last month, was passed unanimously tonight.

These meetings are difficult to attend.

A day will come when matters of beauty, tradition, peacefulness, economic equality, and public opinion matter. It's just not today. Until a fundamental shift occurs in the hearts of our society as a whole, this scenario will keep playing itself out. Until then, those of us who see in a different way will have to keep showing up, painful as it is, as witness to the big giveaway. We must keep showing up, and keep showing up, and keep showing up to be a voice for that which cannot defend itself, ie: a deeply felt understanding that what we do to the land we do to ourselves, not in a Hallmark sense, but in a very real sense. When a tree is cut, our air cannot filter pollutants, and our children get asthma, and the animals that depend on that tree are deprived of a home. When a stream is polluted, we drink the pollution, and the fish living in the water die. When a road is cut in the woods, and paved, that road suffocates our soil, and the runoff floods our homes. What we do to our environment, we do to ourselves. The effect is immediate.

A day will come when these things matter. Until then, we must resolve to show up.

26 June 2007 –It took over two and one half years, and until after 11 pm tonight in a hot tired Madison County Courthouse, but Laurel Valley won one! After much deliberation and tension, the Planning Board voted to not approve a major subdivision on Watershed Road, with lots slated to start at $300,000. In fact, they coundn't even get a second to the motion to vote on it. They then voted it down 7-1. This is a key piece because the right of way into all these top end developments here goes through this piece. Our thanks to everyone who hung out so late.

On the down side, our hearts go out to the people of Spring Creek, as a 200+ home subdivision was approved on 600 acres. At least with this one there seems to have been some effort to talk to the neighbors. Another huge subdivision in our neighborhood was tabled until the next meeting. On one night, in one courtroom, apparently it is possible to get things right.

22 June 2007 –Story from the CIT-TIMES:Steep Slope Bill in Trouble By Jordan Schrader June 22, 2007 RALEIGH Ñ Mountain Republican lawmakers are balking at proposed development regulations aimed at preventing landslides. Concerns from lawmakers in both parties and opposition from real estate agents and home builders, on display at a hearing Thursday, could prevent the slopes bill from reaching the House floor for a vote. Of the WNC members of the House environment committee, only the billÕs sponsor, Democratic Rep. Phil Haire, of Sylva, has voiced support publicly. ÒAll this is is the vacate Western North Carolina bill,Ó said Rep. Roger West, who said it would burden homeowners with onerous regulations and fees. Republican Reps. West, of Murphy, and Mitch Gillespie, of Marion, oppose the bill. Democrat Cullie Tarleton, of Blowing Rock, would not say how he would vote. A vote by the 26-member panel could come as early as next week.

The proposal would require local governments to draw up rules for development on land with a slope of 40 percent or greater. A 40 percent slope represents a 22-degree angle, or a rise of one vertical foot for every 2.5 horizontal feet. Builders would have to submit plans for any development on a steep slope and follow numerous technical requirements. Homeowners or real estate agents would be required to notify buyers before selling properties in landslide-prone areas. Supporters stress they donÕt want to halt development on ridges. ÒThis bill is simply and straightforwardly about safe and stable slope development,Ó said sponsor Rep. Ray Rapp, a Democrat from Mars Hill. Rapp said people who buy mountaintop homes donÕt think about what might be underneath them. ÒWhat they want is those million-dollar views,Ó he said.

19 June 2007 –Laurel Valley Watch is now officially a 501c3 non-profit, and all donations are fully tax-deductible.

11 June 2007 –Last night the Commissioners approved the change for lot size from .6 ac. to 1 ac. effective immediately. The rest of the proposed changes to the subdivision ordinances will be voted on at their July meeting. We're making progress!

29 May 2007 –Today in Madison County Courthouse Judge Baker heard LVW's challenge to the rezoning to commercial the 100 acres around Ebbs Chapel and down Laurel Valley Road, along with over two hundred acres to resort on Watershed Road on two tracts. There were two summary judgements presented to the judge, one by the defense based on standing and one by LVW based on our assertion that the decision of the county comissioners was capricious and detrimental to the residents of Laurel Valley. After lengthy learned arguments, both were denied.

The judge then deemed it necessary to postpone the trial until August 6th, in order to obtain a full accounting of what was presented to the commissioners. However, he will hear for an hour tomorrow morning from 9:30-10:30 our argument for a temporary restraining order against the destruction of the land off Watershed going on right now. (The TRO was denied the next day.) You see, the developers swore up and down that they would not use Watershed Road as their main access, but with the Brandberg lawsuit preventing access from the Wolf Laurel side, they now have chainsaws running during all daylight hours. Even with a brief rainfall yesterday, the Laurel Creek was deathly thick with mud.

21 May 2007 –Billboards are up promoting www.wncsos.com. It is a website delivering information about landslides due to steep slope development. Billboards are on Merrimon Ave, behind Bruegger's Bakery, Biltmore Ave. across from Matthew's Ford, and the last on Hwy 70 near the Warren Wilson turn to the college.

LWV had a very successful day tabling at the Madison County Arts Festival, along with a yard sale on the same day. Thanks to all who helped, gave, bought, sold, hung out and talked.

8 May 2007 –Some updates on the continuing LVW legal efforts. The May 9th court date has been postponed due to the fact that a division of Water Quality employee who was to testify was injured on Saturday and is facing surgery this week. We will send out another notice when we know the new date; and are hoping for a rescheduliing closer to Asheville. This is the LVW/Clean Water for NC challenge to the decision of the State Division of Water Quality to grant a permit for the sewage treatment plant on Puncheon Fork. Judge Beecher Gray- Administrative Law Judge

On Monday, LVW tried to get a retrial on the Oct. decision of Judge Downs which went against the jury finding that the developers were operating outside their allotted industrial rezoning. We felt that given recent evidence brought in the Branberg lawsuit showed clearly that the developers were operating on someone else's land. Judge Downs apparently feels that zoning rules and property lines are irrelevant, when compared to the needs of developers.

On Earth Day weekend, LVW tabled at two events, one Saturday at CUP in Westgate (now moved to Mystic Journeys) and the other Sunday at Greenlife. We were able to see a lot of friends, talk to a bunch of sympathetic folk, and meet our compatriots in this fight to save our water and mountains.

From all signs, there does not seem to be any development going on at the jetport site. The rock crusher has been operating one or twice a week.

It also seems that the Exxon station will be under new ownership.

Most of us in Laurel Valley mourn the closing this week of 23 Country Store, which provided gas, hardware, feed, sand, food and just about anything else you could want for decades. Thank you for being there for the community for so long.

24 April 2007 –The Madison County Board of Adjustment met last night to consider whether or not to issue a conditional use permit for the proposed sewage treatment plant on Puncheon Fork. If the permit is denied, the sewage treatment plant cannot be built. The Board of Adjustments conducts hearings on critical issues, and seeks input from the public. For a conditional use permit, the burden of proof is on the developers to show why their project will not be detrimental to public safety. Last night's vote was put off until the May 21st meeting because regulations require at least 15 days notice, and two notices in the paper. It was too soon, and the board voted to delay the hearing. We are grateful that proper procedures are now being followed in Madison County government.

18 April 2007 –The Planning Board met and approved proposed updating and standardizing to other local counties a proposed subdivision ordinance, sending it to the county commiussioners for approval. The two most important provisions are one that gives the planning board discretionary powers to deny or ask for revision of a plan that would severely disrupt or not fit with an existing community. Chairman Bill Clark said that this issue has been a source of frustration for the planning board, in that they felt compelled to approve plans solely based on meeting technical specifications. Now they can take into account what we might call moral grounds. Relatedly, they took out a provision that would allow a developer to bypass the planning board if they did not act in two weeks.Second, before approval, a developer must file a surety bond to cover 100 percent of the work, which gives the county much more levying power.

Rep. Ray RappÕs steep slope bill has been filed in the NC State Legislature Ð H1756, Safe Artificial Slope Construction Act. He and Rep. Haire have worked hard to get this into the legislature. Here is a link to the bill:

www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H1756v0.html

12 April 2007 –Robert and Donna Jean Branberg have brought suit against Wolf Mountain Development; L&E Partners; Wolf Ridges Ski and Realty; Carolina First Bank; First Charter Bank; The Fidelity Company; French Broad Electric Membership Cooperative, Scenic Wolf Development; and others for "willful tresspass and damage," "with conscious and intentional disregard of and indifference to (their) rights," by "cutting and removal of timber," "removal of fences," "grading of roads," "grading and excavation of purported landing strip," "surveying and marking of lots and lines," "purporting to sell and attempting to sell portions of (their land)".

Here is the link to the Sentinel story:

http://www.citizen-times.com/apps/pbcs.dll/article?AID=200770411072

Here is a link to the full lawsuit:

http://www.citizen-times.com/apps/pbcs.dll/misc?URL=/templates/ArticleMultiMediaPopup.pbs&dato=20070411&lopenr=70411072&Category=SENTINEL01&Params=Id=69592

25 March 2007 –There is a slight clarification in the previous post. DENR has not pulled the permit for the Wolf Ridge developers, but, as best as we understand, will not allow them to operate under it until they show clear ownership of the land they are developing.

9 March 2007 –All indications from a new land plat are that the Wolf Ridge group is building their jetport on someone else's 25 acres. Not only have they blasted, logged, and widened a right of way on land that they did not have, they have sold off several parcels, at, given that they didn't own it, what would be a considerable profit.

In what would be considered good news for those who like their planet, as of yesterday DENR has suspended all operations permits at the jetport until they can show that they actually own it. This also means that the Army Corps of Engineers, who might not be pleased at unwittingly trespassing on the Branberg property, have also withdrawn their permits.

It is clear that there is a huge trespass, what remains is whether it was done knowingly or not. If they perviously offered to buy the land from this absentee owner in South Carolina, one might assume that they had some idea where it was.

This of course changes the court case against the developers, wherin the jury found that the developers were working outside of the alloted 12 acres rezoned industrial with the erosion control plan. The judge took and astonishingly long 5 months to rule on this decision, and he ruled essentially in favor of the developers, that their operation outside of the zoned area was irrelevant.

But now that the rezoned land has been shown to be someone else's, it opens up a whole new set of possibilities for challenges to what the developers have done, and hopefully will expose their unbridled arrogance and incompetence to those doling out permits for the sewage treatment plant.

Not to mention the Madison planning board and commissioners who have given these developers carte blanche.

March 8 2007 –For those of you who have not seen the Sentinel this week, here is a copy of the article "Land Grab" which exposes the new plat.

LAND GRAB

By Jonathan Austin

A South Carolina man has filed a plat map in the Madison County Register of Deeds office, claiming ownership to 25.52 acres of land in the middle of the Haw Ridge Summit phase of the Scenic Wolf Resort. Robert Branberg, of Anderson, S.C., filed the plat based on his June 1969 deed for land along the top of Green Briar Ridge. The plat reflects a February survey done by Weaverville surveyor Bobby McMahan. According to BranbergÕs survey, he claims ownership to a wide swath of property already under development as the high-dollar Haw Ridge Summit. In fact, his survey claims ownership to the middle section of the crown jewel of the development: the airport.

Contacted recently, Branberg told the News-Record & Sentinel that ÒThey say (the plat map) was one of the hottest commodities at the tax office.Ó He declined further comment, except to say heÕd grown up in Asheville. He then referred any other questions to Stephen Huff, his Marshall attorney. Huff verified that he is BranbergÕs attorney, but declined - for the moment - to comment further.

The plat map appears to be the first shot in what could be a terrific court battle over ownership of the steep mountain land that is being sculpted into an expensive Appalachian enclave for wealthy out-of-towners.

Orville English, the developer of much of the Wolf Ridge-area neighborhood, didnÕt return calls for comment, but records on file at the Madison County Register of Deeds Office show that some of the property Branberg is claiming has already been parceled off by his companies and resold. Some of the lots were bought by L&E LLP, a Florida limited-liability partnership with ties to Ohio. In fact, L&E spent more than $6 million to buy 29 lots in the Haw Ridge development, and at least six of those fall within the lines of BranbergÕs survey. Those 29 lots were sold to L&E by five companies in which English is either the manager or president. Richard G. Bussey, another businessman involved in the growth in the Wolf Ridge area, was also a seller-of-record for one of those five companies. Attempts to reach Bussey were unsuccessful.

When reached by telephone at his Fairborn, Ohio, office, L&E general partner Mario Parisi voiced surprise over the Branberg filing and asked for time to comment. He later responded through his attorney, Roger Bloomfield, who asked the News-Record & Sentinel numerous questions about the situation. Contacted Friday for further comment, Bloomfield said: ÒAll we can say is weÕve been made aware of it and weÕre investigating it.Ó

But Elaine Maloney, a New York book editor who along with her husband, Dennis, purchased a parcel in the development, was not only anxious to hear about the Branberg claim, but willing to discuss it. ÒWeÕre very surprised,Ó she said Friday. ÒWhen the whole thing was purchased, there was a survey done.Ó Mrs. Maloney said they had bought their parcel from L&E, and tax records show she and her husband paid approximately $600,000 for their one-acre lot. WeÕre just really blindsided by this,Ó she said, but then she seemed to take heart in one fact: ÒWeÕve got the title and title insurance,Ó which might protect their investment if the courts ruled that their purchase is void.

That possibility could keep investors sleepless for years, and it all may come down to the wording on the deeds both sides have used to claim ownership.

BranbergÕs deed is older, dating from June 9, 1969, for land he and his wife, Donna Jean, bought from Clay and Leakie W. Jenkins. The wording is generic and outlines the sale of Ò15 acres, more or less.Ó The particulars might be vague to some, but to those experienced with the history of surveying and land transactions in Madison, it is apparently common. The starting point on the Branberg deed ÒBegin(s) on a big white oak at the Mack English line and runs a direct west course to the top of the Haw to a bunch of hickories; thence a north course back to a sugar tree in the Horse Shelter Gap; thence north to a hickory on Green Briar Ridge, a corner of Mack English and Briggs heirs and Wiley Crowder; thence a west course down the Green Briar Ridge to a maple, corner to Herman Crowder and Sally Boone; thence a straight course southwest to the big white oak, the beginning corner.Ó What might seem odd is that the deed specified Ò15 acres more or less,Ó while the February survey shows the parcel as 25.52 acres. So the heart of the deal may come down to the meaning of the words Òmore or less.Ó

A specific point specified in that 37-year-old deed Ð Horse Shelter Gap - may prove key to determining the western edge of BranbergÕs claim, for it falls on the side of the airport landing strip opposite to where older drawings suggest his land is situated.

The deed for the developmentÕs purchase was filed in 1997, a general warranty deed that goes on in great depth for nearly four pages, describing the boundaries of the 570 and 3/8th acres sold to WolfÕs Crossing, Inc. by Larry Cody, Brenda Cody Carter and Mattee Mashburn by herself and the estate of Charles E. Mashburn. But the attorney noted on the deed that ÒNo title examination or closing (was) performed.Ó BranbergÕs surveyor, Bobby McMahan, was apprehensive to talk about his work on the February plat, but when asked how older survey descriptions are made to conform to 21st century technology, he replied: ÒThatÕs the reason we have a surveying licenseÉ It is done all the time.Ó

There is no doubt that the Branbergs own property on Haw Ridge; they have their deed and theyÕve promptly paid their property tax bills on the land, according to records on file with the Madison County Tax CollectorÕs office. The county sends out bills for property taxes based on information which Òthe assessorÕs office picks up from the deed,Ó said Jan Buckner, the tax administrator for the county. ÒIf somebodyÕs been billed for property they donÕt own, thereÕs got to be an explanation,Ó she said Friday. É ÒThey have to have been involved in the landÓ to get a bill.

Or as she put it: ÒThereÕs something gone wrong somewhere.Ó

Reprinted with permission of the News Record and Sentinel

16 January 2007 –On Tuesday January 16th LVW had its first annual meeting. Board spaces were filled and then officers elected by the board. Congratulations to the new board members and great great thanks Teresa Hammack who served as vice president during LVW's first year. The new electees to the board are Susie Chandler, Randy Cole, Barbara Merrill and Greg Yost, who was also elected vice president. The rest of the board members are Garland Galloway, president; Debbie Louis, treasurer, Krys Crimi, secretary, Nina Fox-Halliday and Stephen Crimi.

It was also decided at the meeting to reduce LVW meetings to once a month, to the first Tuesday, and to possibly have some meetings in other parts of Madison County to broaden LVW's base.

13 January 2007 –Last night's LVW concert fundraiser at Zuma Coffee in Marshall was a huge success. The newly-reopened Zuma's was packed to the rafters to hear Malcolm Holcombe perform his heart-wrenching and heart-opening music. Thanks to Joel and Leslie and Summer and the staff of Zuma Coffee for working a long day and taking care of everyone with what appeared to be no effort. The place looks and feels wonderful, and we strongly urge everyone to frequent it, and frequent it again.

We especially want to thank Malcolm and Cyndi Holcombe for the donation of time and talent and for making the whole evening possible. It was a great crowd of neighbors and friends and everyone had a blast. Thanks to all for participating.

Our challenge to the WWTP is scheduled for May 7th in Asheville. Details when available.

Also, the Wednesday 10 January Cit-Times carried our editorial rebuttal, which even their editor said "made many excellent points." You can find it at http://citizen-times.com/apps/pbcs.dll/article?AID=200770109075

There is also an article in this weeks Sentinel about our challenge to the WWTP, along with the conclusion of an excellent three-part series on the need for small organic farms.

2 January 2007 –Laurel Valley Watch and Clean Water for North Carolina File Challenge to Wastewater Permit on Madison Trout Stream As ÒDangerous, Out of Scale, and a Threat to Water QualityÓ

Clean Water for North Carolina (CWFNC) and Laurel Valley Watch (LVW) announced today that they have filed a formal appeal of the North Carolina Division of Water QualityÕs approval for a discharge permit for Scenic Wolf Mountain Resorts, Inc. to build a wastewater treatment plant (WWTP) on Puncheon Fork estimated to discharge 300,000 gallons of treated sewage per day into this narrow local stream. This Òcontested case hearingÓ appeal was filed with the state Office of Administrative hearings. The Administrative Law Judge has scheduled the Contested Case Hearing for May 7th 2007 in Asheville.

LVW and CWFNC are challenging the sewage treatment plant because they contend that in granting this permit, several NC state regulations and statutes have been violated, namely:

1. The DWQ failed to evaluate the cumulative effects of this project and associated construction and development, including excess sedimentation due to erosion during construction of the facility, high density steep slope home construction it is designed to accommodate, the impact of bacteria, oil, grease, and toxic materials from any upsets, bypasses and/or failures of treatment at the plant and from sewage collection lines which will run for several miles across the mountains, a lowered water table resulting in failed private springs and wells in the vicinity, and increased stream temperature which puts all trout downstream (as, along the entire Laurel River) at risk.

2. The DWQ failed to require the use of the disposal alternative with the least adverse environmental impact. The Division has failed to require evaluation of all feasible alternatives to this central WWTP as required by law. The developers themselves at the hearing admitted that they chose the WWTP because it was the least expensive alternative, though there are many other possibilities less potentially devastating to the environment and streams. There is no obligation on the part of the Division to sacrifice the public interest in environmental protection in order to maximize profits for an applicant through ensuring a supposed ÒrightÓ to Òmaximum buildout.Ó

3. The extensive record of non-compliance by the applicant and associates, which includes numerous violations of the NC Sedimentation Pollution Control Act, violation of the Clean Water Act, and environmental health and safety violations that resulted in closure of The Lodge Restaurant for some six months of 2006.

4. The DWQ failed to ensure that this new discharge and its associated impacts will not degrade the quality of NC trout waters. Puncheon Fork is a pristine stream with a history of existing cultural and recreational uses, as well as being a long-standing natural trout fishery, and as such qualifies for ÒOutstanding Resource WatersÓ designation that would prohibit new discharges altogether, particularly when other feasible alternatives exist and the applicant has a history of non-compliance with other state and federal statutes.

5. The DWQ ignored the fact that the property that the sewage treatment plant is slated to be built upon is not zoned properly for a sewage treatment plant. The proposed WWTP is located in a residential zone, which does not allow a wastewater treatment plant as a permitted use. While it may be allowed as a conditional use, no such conditional use has been granted. Further, while Madison CountyÕs Land Use and Zoning ordinance requires an environmental impact statement for Òmajor developments,Ó none has been submitted by the applicants who propose to build some 900 units of housing, a hotel, and several related commercial facilities the WWTP is being proposed to accommodate.

Clean Water for North Carolina is a statewide environmental justice organization partnering with communities for safe water and air. CWFNC advocates protective policies for streams, groundwater and air, as well as swift, fair enforcement of associated state and federal laws. Campaigning with residents across the state experiencing contaminated wells, CWFNC successfully advocated in the NC Legislature to establish an Emergency Drinking Water Fund in 2006. For more information visit www.cwfnc.org

In good news, a settlement was reached last month between LVW and DENR and Scenic Wolf Development at a meeting arranged by the State Attorney General's Office. We were able come to an agreement wherein the developers will adopt an Erosion and Sediment Control Plan, to be approved by DENR, that incorporates the recommendations of a geotechnical report by respected engineer Dr. Marks; stricter erosion, runoff and stream monitoring; reporting of the monitoring to DENR and the Army Corps of Engineers; and covenants in lots sold around the jetport that require and amount of wetland or stream that is disturbed to have an equal area protected from development elsewhere.

LVW thanks the legal teams and officials involved for brokering this agreement, which helps protect our local streams, even though no rampant development would protect it even more.

The members of Laurel Valley Watch want to thank all of our friends for their support and encouragement during our first year of existence. We are blessed to have gathered a group of wonderful people, and wish everyone a healthy prosperous and peaceful 2007!

14 November 2006 –The Madison County courtroom was packed on Monday. After some mundane business, the next portion of the commissioners meeting opened with Elsberry Wyatt giving a heartfelt account of the good work that Ricky McDevitt has done, listing many specific examples of how he has done an exemplary job. He was given a standing ovation for his presentation, and he then made a motion to renew Mr. McDevitt's contract. It was seconded by Dyatt Smathers. A woman with a video camera in one hand, and a tape recorder in the other, heckled Mr. Wyatt repeatedly, pointing her camera provocatively at him, and making comments about "you are not running this meeting." Unfortunately Mr. Ponder, who supposedly controls the meeting, didn't, and said nothing to stop this attack, which had implications for what happened later on.

Hal Moore and Eddie Fox wanted to have the motion tabled until a later date. Mr. Wyatt felt it was not fair to Mr. McDevitt to keep him waiting for a decision. Several people wanted to speak, but Ponder put them off, saying that according to the schedule for the evening, public comment would not be entertained until the end.

It was then put to a vote. Elsberry Wyatt and Dyatt Smathers voting to renew, Vernon Ponder, Eddie Fox, and Hal Moore voting to turn down the motion to renew his contract. The crowd went wild, shouting "Oh no!" Who could believe it? They cared not a whit what the people wanted. Vernon Ponder stood up and called for order for once. The three comissioners who essentially fired Mr. McDevitt felt no obligation to give a reason.

Then, county attorney Larry Leake spoke up, saying he was very conflicted about the whole issue and found himself in a very delicate position. He said he has known the commissioners a long time, but he's known Ricky a lot longer (they are cousins), and he resigned as the county attorney. Most people said they will believe it when they see it on that one.

The mike was opened up for public comment. Only those who had signed up previously were permitted to speak. One man called for an investigation into the e-mails and how this information had been leaked to the public. A man from Spillcorn was livid, and although he originally planned on saying something very polite and contained, could not help himself and told the commissioners that they should be ashamed of themselves. Pointing a finger directly at Eddie Fox saying "and you should be ashamed of yourself." He reminded them that although they had won the election, it was by a small margin and that there was still 46% of the people who were not happy with them, and it did not constitute a mandate. "I'm disgusted," he said. One or two other people spoke and the meeting was quickly adjourned. No one else was permitted to speak.

And Then, as everyone was leaving the courthouse, a young woman approached the woman who had been heckling and hit her. The two tussled a bit by the doorway to the courtroom. She went down to file a complaint with the police. The woman disappeared. She and the police officer stood guard at the front door and watched every person leave. The woman was no where to be seen. Very possibly, had Vernon Ponder done his job and told her to be quiet and orderly, the strong emotion would not have been generated against her, and an unfortunate act of violence may have been thwarted.

Madison County has become a bad movie, sort of "David Lynch Does Mayberry".

9 November 2006 –The people of Madison County have voted in the same County Commissioners. There was a chance for a check to all this radical development, but we fear that the opportunity has now passed. The people of Madison soon will not recognize their county.

November 2006 –A lot has happened recently, and we apologize for getting important info up in a tardy fashion.

A big thank you to all of those who have shown us such great support while we've been at the trial which ended October 18th. Thank you for your kind words and attendance, it means so much to us. The points being argued centered around twelve acres that had been rezoned on the mountaintop for use as a jetport, and the developer's use in excess of those permitted acres. After three days in court, the jury deliberated for nearly two and one half hours. Most perplexing is that there is no explicit description of where the 12 acres are actually located.

1- The jury ruled that the cut and fill operation of the jetport project did exceed the twelve acres alloted by rezoning.

2- The jury did not find that the developers used 15 acres outside the 12 rezoned acres for a taxiway or parking. None of their plans show a taxiway, but their erosion control application mentions one, along with hangars. The construction of these would far exceed the industrial rezoning.

3- The jury did not find that any building was used in the 15 acres outside the 12 rezoned acres. In these last two decisions, the jury (most of whom reported being sympathetic to LVW, including the gentleman who drove off in Mr. English's truck after the trial, according to a number of witnesses) needed to have the judge define the words "use for", in that they wanted to include future use in their finding. The judge instructed them to only decide on what has actually been built.

The judge did not deliver a decision on this point that day, and is still reviewing and considering all of the disputed material first as to how it pertains to the law. When he is satisfied with that process he will then notify us of his final decision as to how the jury's finding applies to the law. Since it has been three weeks, we are wondering what is up.

To us, the decision is not complicated. If B&E et al have violated their zoning, they need to have proper action taken against them and their activities shut down, until they apply to rezone to the scope of what they are actually building, and hopefully present to the people and planning board of Madison an accurate account and depiction of their planned activities. If the judge rules that they can continue shredding the mountain, then that decision renders zoning irrelevant. Essentially then, you build it first and rezone when convenient.

In a serious blow to the people and water of Laurel Valley, and essentially flipping the bird to the 400 people who showed up to protest at the public hearing, we received notification from Alan Klimek, director of NC Division of Water Quality that Scenic Wolf Development, aka B&E Ventures, has been given permission to build its 300,000 gallon per day sewage treatment plant. The stream has been upgraded to High Quality Water, which means that there some slightly stronger restrictions and the addition of temperature monitoring. Since they get to build and monitor the site with no apparent oversight, it is hard to imagine this turning out well for the trout, but even more so, it allows then to begin development of 900 mountaintop homes with no restriction, since everything will get piped over the mountain and dumped into the stream. Just about everyone in Laurel Valley gets water from their own springs. Mr. Klimek's decision has put our water supply in danger. If you would like to express your feelings please write to him at: 1617 Mail Service Center, Raleigh NC 27699-1617, or better, call 919 733 7015.

According to the folks at Ebbs Chapel, B&E has reneged on their word and their proposal to donate about ten acres to Ebbs Chapel for use as a nature walkway along the Laurel Creek (behind the outfield of the ballfield). This proposed "park" was one of their selling points when the county commissioners rezoned a hundred plus acres to commercial. "But Look!" they said, "See how much we are giving back to the community!" Well so much for their word, as they pulled out of whatever agreement with Ebbs Chapel Foundation (who raised $80,000 for the project) they had, supposedly because the minister of Ebbs Chapel spoke against the sewage treatment plant at the hearing.

Finally, in an act of mind-bending hubris, the developers, including Steve Martin of Breakaway and the B&E cartel, had a story in the Asheville Citizen Times entitled "Homes with a View - And a Conscience" (Sunday Oct 29th). This was the most blatent piece of propaganda anyone had ever seen, and set forth a furious avalanche of calls and emails to the AC-T. To their credit, the AC-T has responded that they will do a fair story in the future, and we are still awaiting it.

If you want all the details, we have put some of the letters, the AC-T article, and their reply to us up on the letters page. Let them know what you think of their "journalism".

Anyone interested in a 1 in 500 chance for a $30,000 Mustang, click on Raffle on the home page.

Read Milton Ready's piece, "The Wolves of Madison County" either in the November 1 Mountain Xpress, or on our letters page.

9 Octomber 2006 –Our sister organization, Toe River Valley Watch, working in Yancey and Mitchell Counties to do what we're doing here, has put together a stuning series of workshops (Friday) and field trips (Saturday) on Nov. 3 & 4--workshops are at Mayland Community College, field trips are all over the place--see their website for details (under Events) and registration:

http://toerivervalleywatch.org/m/

Some of the work shops are:Toe River Valley Legacy Workshop: Nov 3-4, 2006;EMPOWERING PEOPLE TO MAINTAIN A HEALTHY RURAL LANDSCAPE; November 3, 2006 Mayland Community College, Sam Center Auditorium Spruce Pine; ENVIRONMENTAL MANAGEMENT: THE RELATIONSHIP TO HUMAN HEALTH, Phillip Gibson, Warren Wilson College; BIODIESEL OPPORTUNITIES, Brian Winslett, BlueRidge Biodiesel;ÊÊÊÊ INVASIVE SPECIES ISSUES & MANAGEMENT, Bob Gale, WNC Alliance; LOW-IMPACT DEVELOPMENT - MINIMIZING WATER QUALITY IMPACTS, John Calabria, NC StateÊ Cooperative Extension Service; HORTICULTURE OPPORTUNITIES, Jean Harrison, NC State Cooperative Extension Service; ENGAGING CHURCH COMMUNITIES IN CARING FOR CREATION, Julie Lehman, Warren Wilson College; RESOURCES TO HELP PRIVATE LANDOWNERS IMPROVE WILDLIFE HABITAT, Anita Goetz, US Fish and WIldlife Service; OPPORTUNITIES FOR CITIZEN WATER QUALITY MONITORING, Gracia O'Neill, Clean Water for NCÊÊ and Marilyn Westphal, UNC-Asheville; FARMLAND PRESERVATION AND LAND CONSERVANCIES, James Coman, Blue Ridge Rural LandÊ Trust and William Hamilton, Southern Appalachian Highlands Conservancy; ALTERNATIVE ENERGY FOR THE HOME, Brent Summerville, NC Renewable Energy Initiative; RESOURCES TO PREVENT EROSION AND PROTECT WATER QUALITY ON FARMLANDS, Cliff Vinson, USDA Natural Resources Conservation Service.

5 Octomber 2006 –This is a report on a mediation event that took place on Wednesday, October 4th, in Asheville. Mediation is a process that is mandated by the courts when a lawsuit has been instituted. It is a tool the court system employs to keep it from becoming overburdened, as many differences can be settled beforehand and keep the system moving more freely. The mediator's fee is $175 for the event, plus $175 per hour thereafter. Mediation is not optional, it is mandated, and must be paid for by both of the parties involved.

On Wednesday four members of the Laurel Valley Watch board of directors, two members filing suit against B&E Ventures, plus LVW's lawyer and his assistant participated in the mediation process with Rick Bussey, Orville English and their attorney, Philip Anderson, in Asheville. Each side had an opportunity to present their perspectives to the other, and through the appointed mediator, try to find points that can be negotiated and agreed upon; each being as flexible as they feel they can.

After five hours of presenting information and discussion, the members of Laurel Valley Watch felt that the offers made by Rick Bussey and Orville English were so minimal as to be considered demeaning and insulting. If fact, their offer was barely discernible from what they are already doing. At that point we opted to decline, and to move forward with our original plans for the pursuit of a day in court.

While these processes are time-consuming and tiring, they are part of the important work we have all chosen to take on as a community. We so appreciate all of the support that has been shown to us, both monetary and moral. What we are defending is irreplaceable. Once it's gone, it's gone forever. Please remember that Laurel Valley Watch needs your help, and donate as much as you can, so together, we may all succeed. Checks may be made payable to: Laurel Valley Watch if you don't plan to take a tax deduction, Homestead CLT if you do. Mail checks to: 1516 Windy Gap Road, Mars Hill, NC 28754.

1 Octomber 2006 –Anyone who missed the great radio interview with LVW on WNCW last Sunday, please contact us via this website and we'll arrange for you to get a copy. It is the perfect introduction to LVW and summation of what we are up against. We've received a number of heartfelt responses from people who enjoyed the interview, and thank them for their inspiring words.

Special special thanks to Kate Campbell for the amazing concert performance she and Laura Boosinger put on at the Broyhill Chapel at Mars Hill College last Monday, and to Stan Dotson for organizing it. It was a tremendous success and a just a lovely evening. We are blessed to have such good friends.

We've been in contact with our neighbors just across the Tennessee line, and we fear the rumors are true. Some variant of the B and E Ventures-Wolf Ridge empire has purchased the 10,000 acres of Rocky Fork. This is pristine land that has been used as a de facto park by these people for generations, and was apparently sold while other groups were trying to purchase and preserve it. What do they want with 10,000 acres?

The sound of a rock crusher can now be heard throughout Laurel Valley and Wolf Laurel every weekday all day long. We used to hear birdsongs and the wind rustling the leaves. The jetport site is now a quarry, until they decide to turn it back into a jetport.

The Dept of Transportation has asked Breakaway to change the highway signs indicating that they were somehow a local "attraction," like a state park or Civil War site is. They have been asked to amend the signs to indicate solely when their ski slope is open.

29 September 2006 –WENOCA Sierra Club sponsored a meeting on steep slope development crisis last night. Gathered were 250 concerned citizens from the area who listened to presentations from a geologist, a hydrologist, an ecology professor, students, Buncombe and Asheville politicians, and speakers from Clean Water for NC, PARC (People Advocating Real Conservancy), Mountain Voices Alliance and Laurel Valley Watch. The Citizen-Times story can be found here:

http://www.citizen-times.com/apps/pbcs.dll/article?AID=/20060929/NEWS01/609290324/-1/archives

As we do not have a links page up yet, we would like to put here access to the web pages of some of our sister organizations fighting all this destructive greed:

People Advocating Real Conservancy, PARC, is a citizens group dedicated to keeping watch on government action related to land use in Western North Carolina and other issues that would affect the public good.

http://www.ashevilleparc.org/

Toe River Valley Watch, a non-profit group founded in 2006, strives to bring community together to address the challenges and preserve the unique rural heritage of Mitchell and Yancey counties. We are committed to creating community-wide gatherings to share common experiences and current information. Community participation will help us voice our common concerns about environmental issues and sustainable development practices to further preserve our rural heritage. Our goal is to create solutions that will help the local economy grow without compromising one of our most important assets - our natural resources. Toe River Valley Watch will work with elected officials, the schools, and all residents to help develop community-based planning and projects which will enhance the rural future of Mitchell and Yancey counties.

http://toerivervalleywatch.org/m/

Clean Water for NC: Building awareness of citizen environmental rights and skills for taking action. We can help your community get organized, develop a strategy and take action! Organizing and research to strenthen enforcement for community protection, and enhancing citizen control of local and state environment and economy. We can work with you to review permits, document violations, or even to get commitments from a polluter in your community. Working with citizens to protect and restore rivers, streams and lakes, and improve water quality standards. We can work with you to document stream health, sediment damage and its sources. We empower people in communities across the state to take action on well contamination, get involved in Superfund cleanups, and advocate for more protective well and groundwater regulations, as well as fair and affordable water pricing.

http://cwfnc.org/

Mountain Voices Alliance:There is a growing awareness that the limited resources of our mountain lands will no longer allow the continued waste of development patterns and practices of the past.We are all connected by the same goal - clean air, clean water, and a high quality of life.Ê Yet small groups and individuals may only accomplish small victories with great effort.Ê However, together we can become a giant force that can reach these goals. We are proposing a collaboration of concerned citizens and organizations that will: Learn the facts about future growth consequence; Examine the current state of government planning; Explore models and examples of successful community planning in other regions; Submit recommendations to our government officials; Become part of the planning and development process.

The Western North Carolina Alliance represents democracy in action - a grassroots organization of people who care about the quality of life in our towns and countryside. For the past twenty years, we've been bringing people together to address critical environmental issues facing our mountain communities - issues that have local, regional, state, and national impact.

http://www.wnca.org/index.shtml

15 September 2006 –On Wednesday September 13th, three LVW members taped a half-hour interview for Our Southern Community, with Ned Ryan Doyle, to be broadcast on WNVW-FM, Sunday September 24th at 9:30 AM. Ned ran the South East Environmental Expo, held two weeks ago, where LVW had a table. Our folk got to talk with hundreds of people during the expo, and got to generate a mess o' good will.

On September 5th LVW had a court date in Hendersonville in its attempt to stop the jetport from being built. We proposed the at all mountain destruction be stopped until the trial, and they proposed that the suit be thrown out of court. Both proposals were refused, with the result that a trial will be held as soon as there is an opening, probably in a couple of weeks. The fact that we will get a fair hearing is good news, and all that we ask for.

Unlike most of the Madison County commissioners, the Buncombe County commissioners met to at least discuss a moratorium on new subdivisions, although not much came of it besides the ordering of a draft proposal for storm water run-off. For the complete story: http://mountainx.com/news/2006/0913county.php

For now, there is no mountain blasting at the jetport site. However, a rock crusher was brought in there. Since it is zoned industrial (for now), it seems that the developers are doing a rock quarry, which makes sense from their perspective, given the accessibility of the site. It may be a coincidence, but as soon as the crusher, which runs on a special three-phase electric line (as do the ski slopes at Wolf Laurel) started up with thunderous noise, everyone this side of Mars Hill lost power for two hours.

LVW has adopted Laurel Valley Road and Watershed Road through the Adopt-A-Highway program. We had our first road clean-up last Saturday, and everyone was impressed how little trash there was on the roads in general. We live in a wonderful community that cares. Mat it ever be that way.

Please read Lynn Vogel's guest commentary on landslide dangers from developments in this week's Mountain Xpress, found on line at: http://www.mountainx.com/opinion/2006/0913vogel.php

Kate Campbell, a wonderful Nashville-based singer-songwriter (with roots in Alabama and Mississippi) will be performing a benefit concert for Laurel Valley Watch on Monday September 25th at 8pm. The show will held in the Broyhill Chapel on the Mars Hill College campus. Kate has 11 CD's to her credit and gets airplay locally on WNCW and WETS. The concert has a suggested donation of $10.

22 August 2006 –Slippage of things to come? There was reportedly a significant wash-out of the road leading up to The Lodge over the weekend. Just in time for the Madison Chamber of Commerce's visit. Luckily no one was injured, and hopefully this is just an abberration, and not indicative of high standards of erosion control we've come to expect from this development.

21 August 2006 –Festiva development has withdrawn its application for rezoning 170 acres on Crooked Creek to resort [see July 28th] but they have gone ahead to purchase the land. They had previously said that the purchase would be contingent on the rezoning. Members of the Crooked Creek community in Beech Glen are organizing in an attempt to have a voice in what happens there.

For the moment, the devastating destruction to build the private jetport in Laurel Valley has stopped, and equipment, save a core driller, removed. No cause for celebration yet, but at least the mountain gets a rest.

8 August 2006 –This was e-mailed to the LVW website: We are starting the Toe River Valley Watch because you have given us new inspiration and commitment to protecting our rural way of life, our clean waters, and to preserve our natural resources. ÊWe are facing in Mitchell County just what you are facing.

3 August 2006 –Somewhere between four and five hundred local citizens poured into a sweltering Moore Auditorium in Mars Hill to voice their concerns over a sewage treatment plant proposed by Scenic Wolf Mountain Resort that would dump 300,000 gallons of treated waste into the Puncheon Fork branch each day. Kudos go to the state Department of Water Quality and officials from DENR who held the hearing, and patiently sat through over three hours of testimony. Kudos go to everyone who got up to speak his or her heart and mind. By my count 3 spoke in favor of the sewage, and over 50 against it. The head of DENR for the western half of NC said that she had never seen such an outpouring in all her years.

Asheville's public access TV filmed the entire event, including the sign-carrying protesters on the sidewalk speaking out against radical development, and the press conference beforehand, featuring representatives from Clean Water for North Carolina, Madison County Environmental Alliance, and LVW. WLOS TV also arrived and took footage inside and interviewed the protesters outside.

Those who spoke against the plant represented an amazingly wide swath of of those interested in maintaining a rural lifestyle. There were biology Ph.D.'s, engineers, people who work for water quality, retired waste treatment engineers, rafters on the French Broad, Pastors who baptize in the creek, children who play in the creek, economists debunking the myth of upscale second homes supporting the local economy, responsible builders, and on, but mostly local people who are frightened that the radical huge scale developers who are tearing apart our landscape and laying waste to any vestige of rural life are doing whatever they want with no restrictions or safeguards. People spoke from their hearts, were clear and unambiguous about their desire to regain control of their lives from those trying to profit obscenely from the sale of the earth. No one spoke against building a home for oneself and joining the community, but spoke against building what would be the biggest town in the county with a private jetport, vanity houses so tightly packed on the ridgetop that they have to pipe the sewage over the mountain and dump it into a stream, as wanton greed and hubris.

One of the most frequent arguments against the sewage plant involved a lack of confidence in the ability of the developers to safely construct and maintain such a plant. For those interested, here is a list of official violations compiled by Clean Water for NC:

Of the approximately 13 development projects currently underway in the Wolf Laurel area, the Div. of Land Quality has documented numerous instances where they were out of compliance with the State Sediment and Erosion Control Act, and six official Notices of Violation are on file.

B&E Ventures LLC received a Notices of Violation of the State Sediment and Erosion Control Act on 1/23/2006 for failure to file and receive approval of a sediment and erosion control plan.Ê This 2+ acre site was also cited for insufficient sediment control measures, failure to retain a 25ft buffer, and for piping portions of an unnamed tributary (C-Tr) and disturbing the entire buffer area.Ê

It should also be noted that the federal Clean Water Act was violated by B&E Ventures (disturbing a stream without either a 401 or 404 permit); however no NOVs were ever issued by DWQ or the Army Corp of Engineers.Ê Furthermore both DWQ and the Army Corp have recently confirmed the existence of mountain wetlands on portions of the sites being developed by Breakaway Subdivision/Land Co. and Scenic Wolf Laurel LLC (airport) and those wetlands were not identified in the sediment and erosion control plans submitted for the projects.

Breakaway Subdivision/Land Co. LLC (which according to DENR documents plans 340 homes and will take up half the flow capacity of the plant) has received two Notices of Violation of the State Sediment and Erosion Control Act.Ê One violation issued on January 11th, 2006, was for failure to conduct their project in accordance with the approved sediment and erosion control plan, insufficient sediment control measures, offsite damage to a tributary of Wolf Laurel Branch, and no buffer zone.Ê On March 7th, 2006, Breakaway Subdivision/Land Co. LLC received a second NOV for having no approved plan for ski slope construction, failure to install sufficient sediment control devices, and failure to provide a buffer zone along a tributary to Wolf Laurel Branch (C, Tr).Ê On March 31st, 2006, Breakaway Subdivision/Land Co. LLC received a Notice of Continuing Violation for these same offenses because the violations outlined in the March 7th letter still had not been corrected.

Scenic Wolf Development LLC (Rick Bussey) has received two Notices of Violation the State Sediment and Erosion Control Act, one on July 15th, 2004 and again on August 2nd, 2004.Ê Both were for failure to provide an acceptable sediment and erosion control plan before beginning construction on a project of more than one acre and failure to install sufficient sediment control devices.Ê

On July 15th, 2004, Wolf Crossing Inc. (Orville English) was issued an identical NOV to the July 15th, 2004 NOV for Scenic Wolf Development LLC.Ê A second attempt was made on July 27th, 2004.Ê There is some confusion at Div. of Land Quality, and it is possible that ÒWolf CrossingÓ changed to ÒScenic Wolf Development,Ó therefore it is somewhat unclear whether this would constitute a 6th NOV for area developers.

A visit from DLQ to Scenic Wolf Laurel (Rick Bussey) Residential Roads site on January 10th, 2006 showed "insufficient measures to retain sediment on site," however Mr. Rick Allred noted that the site was in compliance with the State Sediment and Erosion Control Act.Ê Finally, Scenic Wolf Laurel (Rick Bussey) Amenities was never issued an NOV from the Div. of Land Quality even though site visits resulted in repeated attempts (on May 11th, May 25th, and June 1st of 2005, and on January 10th, 2006) to get the developer to establish groundcover.

Here is what is in the April 2006 Asheville Regional Office of DENR review of the application by Scenic Wolf Mountain Resort LLC for the sewage treatment plant:

A search of the Secretary of State database reveals that there is no entity by the above name registered in the state of North Carolina. (The developers have over 20 LLC's they juggle.)

Violations according to the Attorney General's office as of April 6, 2006 include: 1) Inconsistency between the number of seats in the restaurant lodge - application was for approximately 200 seats, when officials visited the site they were denied access to the interior of the building. However, window inspections revealed over 360 seats. 2) The septic system for the restaurant /lodge was paved over. 3) Septic system for the restaurant/lodge is undersized for the capacity of the building. 4) Cannot deliver notice of intent to suspend permits due to the fact that the permittee (B & E Ventures) is not the title holder of the property. Mr. Orville English is listed as the responsible party but will not accept delivery of documents.

The Asheville Regional Office of DENR recommended in April not to issue the permit, in sum, because: 1) The developer has included Breakaway Village (340) homes as part of the development plan. Breakaway Land Company LLC is currently in violation of both Land Quality regulations for failure to obtain a permit for stream work, degradation of best use, and trout buffer violations. 2) B&E Ventures is in violation of Madison County Health Department permits. The case has been sent to the State Attorney General's Office.

Given the above reckless disregard of regulations and health of the people, land, and animal life of Madison, it is interesting that these radical developers put up little in the way of defense of their agenda. One can only assume, that they assume, that it is a done deal for them. The designer of the plant spoke briefly and showed pretty pictures. Later, the former Madison County inspector, now in the employ of the developers, embarrassingly framed the situation as a choice between straight piping and a sewage plant on the stream. Who could possibly believe that those are the only options? One woman, whose husband works for Mr. Bussey, spoke passionately of Mr. Bussey as a visionary and a Godly man, and that the community was lucky to have him shepherding all this inevitable development. That may indeed be her experience of him, but most of the above violations indicate other possibilities. Someone spoke out against LVW, claiming that we are under investigation by the Attorney General's Office. She herself filed a complaint with the NC Attorney General, whose office forwarded the query to the Secretary of State's office for clarification. The Secretary of State's Office asked us to apply for a Solicitation License, which we did. End of story. She was apparently unaware that no permit was required for the raffle we held to raise funds for the organization. To somehow morally equate devastation of community for pure greed, disregarding state regulations etc., done by the developers, with LVW not getting a permit for a raffle is beyond bizarre.

Notably absent from the meeting, as far as we could gather, were any of our elected officials, excepting the chairman of the county commissioners. It is hard, by their non-response, to feel that they care a jot for those who elected them.

Whatever the outcome, the hearing shows that there is indeed a heart beating in the mountains, the heart of those who are here because they eschew the materialism and avarice devouring souls everywhere. By holding together we can perhaps construct an enclave of other more human and spiritual values than the ones demonstrated by the purveyors of greed infesting our lives.

28 July 2006 –The Madison Planning Board voted unanimously to recommend the application of Festiva Development Group to rezone 170 acres off Crooked Creek Road from residential-agriculture to resort. After a slick power point video of Festiva's previous accomplishments, a vague plan was laid out for about 75 cabins strewn about the acreage, and 90 units in three-story condos clustered about a lodge. These will be rental and time-share units. They stated that they wanted to save as many trees as possible. All this is in the Weaverville watershed.

There were several notable aspects of this meeting. First, the citezens of Weaverville were not represented. Second, Festiva did not contact the property owners adjacent to, and in one case nearly surrounded by, this proposed development. The representative stated to these people that they were only going to be contacting them if the rezoning went through.

Third, the owner of the land (a beautifully manicured farm) surrounded by the development above and behind him, who is a builder and knows about these things, is concerned about the massive run-off which would pour onto his land. The chairman replied that the planning board does no enforcement. Maybe someone should consider that the word "planning" has something to do with foreseeing potential problems, and not passing the responsibility onto DENR and other enforcement agencies who can barely keep up with all this radical development.

The Planning Board became defensive when one of the adjacent property owners asked how many of them had looked at the proposed development. My count was four out of seven raised their hands. He said, So, about half of you. At this point the chairman said, What's your point? One planning board member said that he's driven down the road a thousand times and didn't need to see it. Another said that she so completely trusted the other men on the board that she didn't need to see it and they would decide for her. Well, his point, Mr. Chairman, might have been, one, seeing something from the road, especially as the development is not on the road, hardly constitutes a site visit. Two, it is very nice to have confidence in your co-board members, but if you cannot see fit to visit a huge rezoning site that will adversely affect all the members of the community with years of construction, runoff, noise and traffic, please retire from the board and allow someone who will go and look at it to serve. You are making decisions that decrease the quality of life of every person who wants to live in a rural setting. The chairman quipped that the property owner should be happy to have the possibility of a paved driveway.

One gentleman from Spring Creek, who admitted to not having a horse in this race, spoke about how rampant development ruined his previous neighborhood on the coast, and asked the board to take time for these decisions and exercise caution. His reply from the chairman was that the county needs these developments to bolster its tax base. When another member of the audience mentioned that if that was true, why did the county commissioners recind a vote to allow a retired judge to collect owed property taxes, most notably $34,000 by one developer (according to a Public Notice in the Sentinel). Also, there is no reason whatsoever for the Planning Board to be making decisions based on supposed financial gain for the county, but the best interests of the community at large.

14 July 2006 –In a nutshell, the 4-wheeler raffle is a huge success, benefiting LVW, Clean Water for NC, and Madison Schools. We also got to meet lots and lots of folks. Thanks to all who participated, and a special thanks to those who spent long hours at tables selling tickets.

Some potential good news: DENR has determined that the water uncovered during the jetport grading is mountain wetland. Because it's classified as wetlands, that shuts down the airport grading (at least on that part of it - they may try and do more grading on one end of the runway or the other).ÊAs far as we know, they will have to get a private permit, not a federal permit, in order to continue, and that a private permit takes more time and more beaurcratic jumping through hoops, plus potentially huge penalties.Ê

There was an article two weeks age in the Christian Science Monitor about the pressures of mountaintop development in in Laurel Valley. Unfortunately the author didn't see fit to do any local research, or talk to LVW for comment. The original article can be found at:

http://www.csmonitor.com/2006/0620/p02s01-ussc.html?s=itm

Please read Deb Louis' excellent response to CSM which we have printed on our letters page.

At the June County Commissioners meeting, the commissioners, faced with budgetary shortfalls, voted unanimously (5-0) to allow retired Judge Bruce Briggs to go after delinquent tax non-payers, which he offered to do voluntarily. Among these, presumably, would be B and E Ventures, who according to a public notice in the Sentinel, owe a total of $37,000. At the following July commissioners meeting, commissioner Hal Moore motioned to recind the prior agreed to deal, seconded by Eddie Fox. The vote to recind passed 3-2, with Dyatt Smathers and Elsberry Wyatt voting against. The difference between the two meetings? The county attorney was absent from the June meeting. 'Nuff said.

10 July 2006 –LVW had a hearing in its suit against the jetport, in Yancey County Court before Judge Gin. The judge ruled against us concerning our argument that the rezoning to industrial was improper, done retrospectively, and residents were uninformed due to the listing of roads not in existence. The judge ruled in favor of LWV concerning an additional 15 acres that are being developed that should be rezoned industrial, according to a DENR plan, in addition to the 12 acres originally rezoned for the jetstrip runway. The court date is scheduled sometime mid-October.

1 July 2006 –The Fun and Music Festival was a huge success for LVW and the community. The music was delicious, the food sounded great, and the company was scintilating. Some much-needed funds were raised and the community got to know us a little better. A number of candidates for local offices also came and were welcomed. Pictures soon to be uploaded onto this site.

Finally we have a date for the hearing on the sewage treatment plant: August 3rd, 7 pm at Moore Auditorium on the Mars Hill College Campus. The same group that owes Madison County 37,000 dollars in back taxes wants to deposit waste water from 900 homes (that's bigger than Mars Hill!) a 35 room hotel, and the 100 seat recently reopened and fined-for-infractions lodge into Puncheon Fork Stream to the tune of 300,000 gallon per day.

If this sticks in your craw as the beginning of the end for the quality of life you love in Madison, come to this meeting and bring as many people as you can. This is our line in the sand. Stopping this sends a signal to all the salivating developers that Madison County residents want the future of their county in their own hands.

31 May 2006Today there was a court hearing involving our attempt to stop the blasting and construction of the jetport adjacent to the Mars Hill watershed. Hopefully this will not be too confusing, given how confusing it is to me. Here goes. We filed a memorandum for summary judgment against B&E, DENR, the county, etc., hoping to get a rapid trial date. The reasoning for trying to get to trial soon is that the developers are, as we speak, ripping apart the mountain for the jetport. The sooner it is stopped, the less damage. The lawyers for the developers argued that LVW had no right to sue since there are members who are not directly involved- that is, living adjacent to the jetport- based on the supposed membership list posted on someone's website. Of course, that is not a LVW membership list, only a sign-up sheet of people interested in being contacted. Problem is that the judge would not allow LVW to counter their claims. Nor would he allow us to present our amended articles of incorporation, as opposed to the original articles. The upshot is that we withdrew our summary judgment, which means that we will have to wait about 90 days to go to trial. While the (de)construction goes on, it will give LVW time to build a stronger case and be in a position to present all the available evidence to a jury.

The Army Corps of Engineers is currently assessing the jetport site to determine whether or not it is in a wetlands or a trout stream. A determination that the land is too sensitive to be blasted, of course, would be an interesting - er- development.

30 May 2006 –According to the 17 May Sentinel, B&E Ventures owes Madison County over $34,000 in back taxes.

Rose McLarney has written a wonderful piece in the Western North Carolina Alliance's Accent, entitled Major Development Hits Madison County: Local Residents Organize in Response. If you cannot find the paper go to www.wnca.org.

15 May 2006 –This is a LVW legal update. There are currently three actions. 1) LVW filed a complaint May 12th appealing the rezoning of 63 acres to resort above the Chandler farm, on the basis of grading and safety violations, including a proposed tunnel under the jet port runway which to inadequate for the passage of EMS vehicles. 2) LVW has filed an appeal of the "retro" rezoning of the increasingly large jetport to industrial, whose erosion control plans do not include the additional 400 feet.. 3) LVW is also appealing the rezoning of the 108 acre Shelton property.

The graders ran into a lot of water at the site of the proposed jetport. Hopefully this is being looked into carefullly.

5 May 2006 –LAUREL VALLEY WATCH RAFFLE! LVW is sponsoring a fund-raising raffle, with the proceeds going to Clean Water for NC, Education in Madison County, and LVW. Tickets are $5, and the drawing will be held at the Fourth of July Rodeo. First Prize is a Suzuki Eiger Quad Runner 4x4 automatic and trailer; Second Prize is an acoustic guitar; and Third Prize is dinner for two at the Grove Park Inn. Tickets are on sale at various places in Madison, or call 689-2975. Please help science education in Madison County Schools.

4 May 2006 –More on the proposed asphalt plant. Last week several county officials, including the county manager McDevitt and one county commissioner (Wyatt), took a tour of an existing asphalt in Burnsville. Amazingly, a bearing burnt out on a motor so the plant was not operational. Thus those on the tour were not given the privilege of experiencing neither the noxious aroma, nor the deafening sound, of an operational plant.

At the "Meet the Candidates Forum", Chairman of the County Commissioners, Vernon Ponder, in his inimitable oratoricial style, proclaimed how much he wanted to do for the elders and children of Madison. With the proposed asphalt plant so close to a number of day care and senior centers, as well as senior residents, his decision on the plant should be a no-brainer. Developing children and babies are the most susceptible to the toxins spewed in to the atmosphere and aquifer. This plant will produce 400,000 tons of asphalt using recycled fuel #4, the most toxic of all fuels available. Go to www.bredl.org/air/asphalt_plants.htm#facts for specific information on asphalt plant toxicity. Call Residents for a healthy Madison at 774-2202 to learn what you can do locally.

28 April 2006 –A group called Residents for a Healthy Madison had their initial meeting on Tuesday to galvanize opposition to the proposed asphalt plant in Marshall. They will hold a public meeting at AB Tech at 6 pm on Thursday May 4th.

Initial reports are that this is to be built by a company that recently took over the asphalt plant in Hendersonville, and has no building track record. The new plant will produce almost twice the amount of asphalt as the Hendersonville plant. The company claims that there will be 4 seasonal jobs at the plant, while other research indicated that it will be 1-2 new seasonal jobs with no benefits. There are looking to get state paving contracts which will mean that the plant will be operational all night and weekends for nine months of the year.

The plant will be within one mile of: Elderberry Nursing Home; the Mashburn Medical Center; the new Recreation center and ball field; Christian Star Day Care Center, Marshall Birth through Kindergarten Child Care Center, Madison Senior Center and nutritional site, and the animal shelter. Not to mention a number of residents.

26 April 2006 –According to the 19 April Sentinel, on Thursday 13 April a fuel oil tank behind Wolf Laurel Reality Resort leaked into Puncheon Fork Creek. Ebbs Chapel Fire Department responded and set out booms to contain it. It is unknown how much oil was in the 500 gallon tank, but only 35 gallons remained. The State Wildlife Commission and Department of Environment and Natural Resources were contacted, and an NC Wildlife Officere arrived to assess the situation.

The Asheville Citizen-Times is running a series on the effects of mountain development.

http://citizen-times.com/apps/pbcs.dll/article?AID=/20060424/NEWS01/604240301&SearchID=73242770001433

13 April 2006 –Congratulations to all of us! It seems that your letters regarding the "first" sewage treatment plant have brought it to a public hearing. The time and date will be announced. Please see if we can do the same for the planned sewage treatment plant at the "Wolf Laurel Commercial Park".

Just in case you thought that any of this development refers to us, there were two ads in the real estate section of the Citizen-Times for acres plots of land by the proposed jetport, for $750,000 a piece. Chicken feed. Coffee money. Small change.

9 April 2006 –A second sewage treatment plant permit has bee applied for by Orville English. Somehow, this is a renewal of a 2003 permit, for a sewage treatment plant to be located at "Wolf Laurel Commercial Park, U.S. Highway 23 near Little Creek." Exact location has not been divulged.

It looks like this one will discharge 30,000 gallons of effluent daily, with weekly test of fecal choliform 400 milliliter daily limit) and suspended solids (45 milligrams per liter daily limit). "There shall be no discharge of floating solids or foam visible in other than trace amounts."

Referring to application #0087688. Mail comments to: Charles H.Weaver, NC Division of Water Quality, 1617 Mail Service Center, Raleigh NC 27699-1617. The phone # is 919 733 5083 ext 511. We have until April 30th, so get your comments together very soon.

4 April 2006 –An unfortunate incident was perpetrated upon Harvey EnglishÕs trucks and equipment over the weekend. Mr. English is doing the grading work for the jetport. Someone splashed paint on several of his vehicles and bulldozers, and the incident was reported to the sheriffÕs department. It is unknown who is responsible for the vandalism. LVW is saddened by Mr. English's property destruction and hopes that this unfortunate juvenile behavior ceases immediately.

The trout breakfast raised some funds for LVW, leaving enough surplus food to repeat the breakfast next week.

We hope to have tickets for the four-wheeler raffle available for the April 17th meeting. They will be $5 per ticket. It was agreed that the drawing should be on July 4th to give us time to sell enough. It will be held at the July fourth rodeo if approved. We would like to donate a portion of the proceeds to the high school to allow for a 9-hour class on stream monitoring. This would serve the dual purpose of promoting good will within the community while fostering an appreciation among the younger people for the incredible treasure of clean water that we enjoy here in Madison County.

Judith McCanless informed the group of the proposed NAIS (National Animal Identification System) animal tagging program. This is a federal program that would impose a tagging system on every farm animal, and require the owners of those animals to pay for the privilege. Severe penalties would be imposed for infractions. This is an alarming proposal by the federal government, and everyone who cares for farm animals needs to be aware of the far-reaching implications. There are numerous web sites addressing the concerns of small farmers. Large corporate holders would be exempt. Educate yourself.

27 March 2006 –The Madison County planning board approved a 272-acre subdivision in Hot Springs, and recommended rezoning 8 acres of land adjoining the rock quarry in Marshall to industrial. The crowd learned at this time that is for an asphalt plant. Do we need more asphalt? Are we paving the entire county?

23 March 2006 –A meeting in Hot Springs hosted by Jackie and Evan Moquah bring out 72 people. Presentations were made by Garland Galloway on how LVW got started, Hank Johnson and Louie Zimmerman of Shelton Laurel on efforts in their neighborhood, and Elizabeth Sauls of Marshall on equitable taxation reform. Candidates for county commissioner Judith McCanless and Lillian Wellenc also addressed the group. There was lively discussion and the possibility of getting people to work on specific zoning ordinance reforms began.

The meeting raised funds for LVW, for which we are very grateful.

21 March 2006 –LVW has a lawsuit in place to stop grading for the jetport. Included in the lawsuit are county commissioners, planning board, DENR.

A fundraiser/information distribution is planned to coincide with the opening of trout fishing season, and to inform these sports women and men that their stream is in danger from a proposed sewage treatment plant on Puncheon Fork stream, while treating them to a tasty breakfast. Other concert and barbecue-type events are coming together, and a possible raffle. Possible bumper sticker sayings: "We all Live Downstream"; "Where the Effluent meets the Affluent"; "Need Not Greed".

There is a subdivision application for 90 homes on 272 acres in Hot Springs on rte 208. People all over the area are getting letters to sell their farms and homes. The group from Shelton Laurel took out an ad in the Sentinel stating: "Has a realtor or developer tried to pressure you into selling your home or land?. Has a realtor or developer bought your land knowing that they would attempt to build a subdivision without disclosing their intent? Has a realtor or former developer made unrealistic promises regarding water, right of ways, electricity, or sewage for land that you have purchased? Know your rights as a seller or buyer. Call 919-875-3700 or fill in a complaint form that can be found at: www.ncrec.state.nc.us/forms/rec401.pdf."

In the last five years 41 out of 49 rezoning requests were passed. Some facts on the proposed sewage treatment plant: 330,000 gallons per day pumped in; total residual chlorine only has to be testes every two weeks; fecal chloriform is only tested weekly, as are suspended solids, pH and temperature; the present Wolf Laurel treatment plant, on June 1, 2005, pumped 162,000 gallons in a 10 hour period; they draw on 11 to 14 wells. The flooding of our streams around Ebbs Chapel from all the run-off is a real danger.

14 March 2006 –Sixty-four people came to the LVW meeting from all parts of Madison County. It seems that the resolve of the community is strengthened, as are bonds between the various Madison communities. One of the ideas presented is to spread the meetings around the county, to better involve and inform the county residents as to what is going on, so that they can make informed decisions for the upcoming elections. It was decided to have a gathering in Hot Springs on the following Thursday, 23 March, to inform the citizens of that area, especially as there is a 200+ acre subdivision on the slate of the next planning board meeting. The idea of a centrally-located monthly meeting was proposed.

Hank Johnson from Spring Creek spoke about the need for three things in all the dealings between the commissioners, developers, and the people. They are: 1. Transparency 2. Accountability 3. Shared Future. He has been a voice for clarity and sanity. If those three points had been even attempted by all the parties involved, there would at least be a basis for discusssion.

There is a well driller in spring creek who has kept records of his drilling for 30 years. It was reported that originally he reached water at 50 feet, and now has to drill 500-600 feet for a well. DENR has not yet released the grading violation fines assessed to B&E.

There was much discussion of getting the whole county informed and involved and setting up a questionnaire for the county commissioner candidates and publishing them in the paper so that the public can know where they stand on issues important to them. The primary is 2 May. A Hot Springs meeting was set up for Thursday 24 March.

13 March 2006 –The Madison County Commissioners met to decide on the rezoning requests of B&E Ventures in Laurel Valley. 260 citizens pack the courthouse, while 80 or so waited outside, unable to get in. About 99% of them went home unhappy as all the rezoning was approved. If anyone was in doubt as to the outcome, chairman Vernon Ponder, while looking at the audience and not the developers, opened with a Duke-North Carolina analogy about playing your hearts out and going home friends. Mr. Chairman, this isn't a game - this is people's quality of life. Let's extend your metaphor, then, making it more accurate. It's hard to shake hands after a game when one side gets every single call, the refs are wearing their uniform, their basket is six feet lower, and while we play with the five allotted by the rules, they have 23 players on the court. Not much of a game then, is it?

The commissioners approved all the zoning requests in spite of clear basic reasoning. Gerald Green, a professional land-use planner, pointed out that Madison County is required by state law to have a comprehensive master development plan, which would guide and delimit zoning requests. This was the perfect opportunity for the commissioners to be heroes to the people of the county. They could have put a hold on all rezoning until such a plan is in place. At one point there was much talk about getting all the people and all the interests together to work on such a plan. But they did nothing. No resolutions. No motions. Instead they were heroes to the developers. They were also reminded that rezoning has to be compatible with existing land use. It takes more imagination than most people possess to make the quantum leap from horse and cow pastures, woodlands and streams, to high density resort, airport and a sewage treatment via any definition of the word "compatibility".

One gentleman tried to remind the commissioners of the mountain heritage barely hanging on in small communities like Laurel Valley. He proudly displayed a quilt made by his grandmother in these mountains, and passed on to him. "It has no price. It is like our mountain heritage and is not for sale." Sadly, Mr. Bussey later offered, "You can sell your quilt in one of my stores." We don't believe Mr. Bussey meant anything by the remark, but does he get it about tradition? It is not for sale. It is lived. Pretty soon the only tradition we will have left is McTradition, a simulated version for tourists, Disneyfied, or Orvillized, cleaned up, and on sale as a relic of a now passed way of life. Clogging with fries at the Lodge.

The actual vote went like this. On the piece next to the airport development, a motion was made and seconded by Mr. Wyatt and Mr. Smathers to send back the piece to the planning board for reapplication on the basis that it had been applied for in the incorrect name. This was voted down 3-2. Then a motion was made to rezone the piece, seconded, and passed 3-2. The other two pieces on Laurel Valley Road were passed 3-2, (although no one in the courthouse heard it that way). Then a special effort was made by Mr. Smathers to clear the good name of Mr Leek, that he did not represent the developers on these tracts. This was never alleged by LVW. Mr. Leeke has indeed represented Mr. English in at least one lawsuit. This was questioned as a possible conflict of interest. Mr. Smathers may have been misinformed in his statements.

Earlier in the day on Monday, according to the Sentinel, "Laurel Valley Watch filed a complaint in Madison Superior Court seeking a temporary restraining order to stop construction of a 3,500-foot jet airport runway on Wolf Ridge. Through its complaint, the organization is asking a judge to declare to construction as a violation of the county zoning ordinance. The complaint is filed against three defendants: Mr. Bussey, a business corporation, and Mountain Enterprises of Wolf Ridge, a limited liability company...The proposal, according to the complaint, was for a 3,500-foot runway that would accommodate an estimated 10 jet, 10 turboprop, and 100 prop plane landings a month, with the number of landings estimated to double in five years...Construction 'would involve massive cutting and filling of a steep mountainside and ridge top,' the complaint states. Some of the cuts and fills would involve heights of over 200 feet, making the excavation project nearly as high as the Beaucatcher cut for Interstate 240 in Asheville. Construction would cloud the waters of Laurel Creek, which the town of Mars Hill uses for its water supply and which also serves the homes in the Laurel Valley, according to the complaint. The noise from the aircraft landing at and taking off from the airport would be a nuisance to the people in the valley, the complaint states. It contends that an airport is not a permitted or conditional use of the residential resort rezoning that the eight acres has."

Sometime between Monday night's County Commissioners' meeting and Tuesday, The Planning Board minutes were revised to reflect that the airport has been rezoned industrial. LVW planned to request a restraining order to stop the grading on the airport. LVW would have to post a huge bond to cover any expenses that B&E would occur by not proceeding with the grading, if they lost. LVW didn't get the restraining order, so grading will start March 15. There is lawsuit in place.

8 March 2006 –There is a public notice in the Madison Sentinel of Scenic Wolf Mountain Resort's permit for a National Pollutant Discharge Elimination System, i.e. a sewage treatment plant, on Puncheon Fork Creek. There are 30 days of public comment (until April 6th) to try to get this to a hearing. If we don't get a hearing from the director of NC Division of Water Quality, the permit goes into effect automatically in 45 days (April 21st). The # there for public comment is 909-733-5083 ext 520. Here are some considerations:

1. The incompetence of the developers. They have built only two buildings so far. One just opened, and the other, a restaurant, closed within eight months due to a lack of a safety sprinkler system, and lack of awareness of their septic system. How can we trust such corner-cutting builders with the safety of our streams?
2. The proposed sewage plant would be on the headwaters of the most important trout stream, the Laurel River, in the county.
3. The builders have been fined for grading and erosion violations.
4. The sewage from 700 (at least) homes and possibly the jetport have to be piped several miles over the mountain to the plant. Again, so far, the developers have built nothing right, how can we entrust them with our precious water and streams?

This is a disaster waiting for us, and where will these investors be when it happens? Cowering behind dozens of immune LLC's waiting for us to clean up their mess.

7 March 2006 –County Commissioner Dyatt Smathers and County Manager Ricky McDevitt attended LVW meeting. Everyone was pleased with the open discussion of our concerns and the fact that we were listened to. We hope this is an inroad toward more cooperation amongst all the power brokers in the county, elected or appointed, developers, business owners, farmers, and especially the people who treasure their rural life. Fifty-eight people came to the meeting, including people from different areas of the county, and from various organizations.

At last count, application for the jetport runway is up to 4000 feet. Does this bring it closer to the watershed? This computes to 11 acres of asphalt. This generates a huge amount of rain runoff that will not percolate back into the aquafer, but will run straight into the streams, carrying oil and other debris from the tarmac. Several good ideas have been generated for the commissioners to consider. One is to put the brakes on all rezoning until we can catch our breath and see where all this is going before it is too late. The investors in development are in a hurry to exploit, and development is forever. Why can't we make a living instead of a killing?

28 February 2006 –Forty-eight attend the LVW meeting, including Lillian Tolley Welenc, who is running for one of the County Commissioner seats, and three Shelton Laurel residents (Louie Zimmerman, Hank Johnson and Rodney Webb) who were successful at the Planning Board meting the previous evening. They gave a summary of their presentation, and spoke of the need for the residents of all the areas of Madison County to join and support each other in facing down this development. Contact was made with NC State Senator Keith Presnell from Burnsville, who is interested in what we are doing, and would like to attend one of our meetings when the current session in Raleigh is over.

The Lodge restaurant at Wolf Ridge has been shut down for violations. There is no sprinkler system as required for a restaurant that size. There was only a vague indication of where the septic system and tail line are, so the parking lot will have to be torn up for inspection. A state building inspector issued a citation for structural and engineering problems.

Fifteen hundred acres of federal forest in Madison County may be for sale. Rep. Charles Taylor, who has not yet stated pubicly which way he will vote, will meet with each of the county commissioners. A meeting will be held in Hot Springs March 1st. Madison County does not have a mapper and is years behind in mapping the county. LVW will have representatives at the Madison Environmental Alliance meeting on March 2nd. It is possible for LVW to set up a table at a Habitat for Humanity charity basketball game at Marshall High School.

Planning Board Meeting 27 February 2006 – The courthouse in Marshall is nearly full as a strong contingent from Shelton Laurel appear in opposition to a subdivision. They argue against, and receive a stay against the subdivision pending actual plans for a bridge over the Shelton Laurel River, which is a hugely important trout stream, and proof that the bridge will not impinge on aquatic life. LVW testifies against Oak Hollow Reserve subdivision of 30 homes. A tunnel needs to be built under the jetstrip to this subdivision. The representative of Oak Hollow didn't know that the strip is not 40 but 80 feet wide, and the tunnel needs to be high enough to allow foam spreaders to pass, although he is not responsible for this construction. The roads leading up to this subdivision are wholly inadequate for emergency vehicles. The subdivision passes, with the onus on the developers to meet the regulations.

The meeting is a boisterous affair. To their credit, the Planning Board is much more engaged than during the last meeting, running it themselves. Still, the general feeling of the audience is of bewilderment as to who to address their concerns. To a certain extent, the County Commissioners and the Planning Board play ping pong with responsibility. What no one addresses, except from the audience, is the need for some sort of vision of where Madison County is going. The people are clearly in opposition to uncontrolled greedy development which is decreasing our quality of life daily, but no one will listen. Yet. One of the Planning Board members draws inadvertent applause when she angrily says that if we don't like what they are doing, we can elect new commissioners.

20 February 2006 – Fifty-six people attend LVW meeting. We are in contact with Scott Carswell of Florida, owner of one of the tracts up for rezoning in Laurel Valley, who is sorry to have upset the neighborhood. We will try to work something out, although he has other investors to appease. At least we are talking. Oak Hollow Reserve proposal for subdivision (next to the proposed jetport) is on the agenda of the Feb. 27 Planning Board meeting. Since it is already rezoned, there is little for us to actually protest, beside bringing to light various issues to safety. Two hundred green "Laurel Valley Watch" badges will be available. It is important for the authorities to realize that they are now being monitored.

Packages have been prepared for local media and the County Commissioners, so that they may be better informed with their reporting and decision making. The Sentinel will be published on Tuesday instead of Wednesday, with their deadline moved up to Thursday.

Several people have contacted the county commissioners with their concerns. Chairman Vernon Ponder was invited to a LVW meeting. He stated that attending a LVW meeting would be a conflict of interest. This is curious for several reasons.

1. Visiting with any group of concerned citizens on an issue is not a conflict of interest, by any definition.
2. He has met with the developers who have put in the rezoning request. Why then is this not a conflict of interest for him? It is only a conflict of interest if he or his family stands to gain from the proposed rezoning.
3. A conflict of interest implies that he has the same interests as the people he chooses to recuse himself from, which is clearly not the case with LVW. We hope that people remember the Mr. Ponder is up for reelection. Commissioner Elsberry Wyatt thinks that Madison is developing too fast. Other commissioners have stated that rezoning is a "done deal" and that they only rubber stamp the Planning Board recommendations. This is patently not the case. County commissioners rule themselves on all rezoning, while the Planning Board decides on subdivisions.

The application for the jetstrip runway has been extended to 3800 feet. County Inspector Ryan Cody agrees with LVW that it is a good idea to limit commercial development to the area around exit 3 on route 23, and not develop on Laurel Valley Road. He has been keeping watch on the Breakaway development, making them redo lots with code problems. For any conscious developers our there, consider R-80 S Residential Open Space, in which a small cluster is developed residentially, while the rest is maintained as open space.

7 February 2006 – A Wolf Laurel property owner is currently suing Rick Bussey, and Scenic Wolf Development LLC, Wolf Laurel Slopes, Inc., and Wolf Ridges Ski & Realty, Inc. (Owned by Orville English), and filing for an injunction and suing for damages for operating contrary to covenants.

Suit will be filed this week for water violations. Clean Water for North Carolina is thinking of joining LVW on this issue and on sediment violations. Every time B&E is fined it should be published in the paper. Concrete trucks are running at 5:30 AM past Windy Gap.

Approximately 450,000 gallons of water is run-off in a 500-home subdivision with one inch of rainfall, and goes directly into the streams, rather than percolating into the ground water table. Between one and three million gallons of water are used by Wolf Laurel to make snow in a 24-hour period. With the new slopes opening, it will go up to six million. How is it possible that the planning board had no questions for B&E Ventures regarding water issues?

The water issue is huge. Almost all of Laurel Valley residents enjoy wonderful spring water. Although it is impossible to get reliable estimates from the developers, between the Breakaway subdivision, current building going on at Wolf Ridge, and planned building by B&E, the lowest estimate is about 1200 new homes planned, and probably double that fully-planned. Does anyone think all these wells will be sustained, along with the Mars Hill water supply? There is a study on the decrease in water flow in the aqueduct that we need to see.

Rick Bussey told television cameras yesterday (Feb. 6, 2006) that he was building on 5-acre lots. Is this a blatant lie? It is certainly at variance with previous statements. If true, it would obviate the need for rezoning. (The reporter, Bob Caldwell, was invited to the LVW meeting, but did not come, thus the bulk of his story showed Mr. Bussey’s side.) For comparison, the Breakaway subdivision adjacent to Wolf Laurel has as its biggest lot 3200 sq. ft., or approximately 1/12 acre. Apparently the grading plan at Breakaway is so bad that the architect left the job. We need a copy of the grading plans.

Members of LVW are informing themselves of the county zoning ordinances. A local attorney is doing pro bono work to help LVW file legal papers, and a local resident is donating time to construct this website. LVW is extremely grateful for the help.

31 January 2006 – Lots of PR work, contacting newspapers, local TV stations (WLOS in Asheville and channel 5 out of Bristol TN have done stories). We also contacted residents of Wolf Laurel, and sent letters to the local papers (see letters section).

We hope to hand deliver a package of photos and information to the county commissioners before they meet to decide on the recommendation to rezone the properties of B&E. Three of the five commissioners are up for reelection this year.

Ryan Cody said that the Commissioners were interested in getting input from our group about our area, and other areas of the county. We can help to change the laws to benefit the county. Is the county enforcing the existing codes? We need to approach the commissioners with our emotions and sympathy, but also with common sense. Our group needs to look at the laws and ordinances for both county and state. After all, the county is operating under ordinances as they currently exist. Who controls making some changes? Our group needs to form a zoning committee to look at these issues.

We have been told that there will be a commissioners’ meeting February 13. Ryan Cody said that our issue would be discussed at the March meeting. We need to find out what the agendas are for these meetings. Someone from LVW needs to go to the next meeting. We heard that the agenda is announced at 8:00 am on Monday mornings before the commissioners’ meeting. Under Article 12, notice shall be published in newspapers for one full week, and running for two consecutive weeks prior to a meeting. In the Watershed area, the ordinance says there is to be one residence for every 2 acres. Also the county ordinance says that in a subdivision, the maximum road grade is 18%.

24 January 2006 – Planning board meeting. Over 200 concerned citizens crowd the Madison County courthouse, opening up the dusty balcony for the first time in a long time. The chairman of the planning board recuses himself from the part of the meeting involving B&E Ventures due to the conflict of a family member doing business with them. Unfortunately the county attorney, Mr. Larry Leake, who has represented Mr. English in a lawsuit and on property deeds, somehow does not see any conflict of interest for himself. In fact, by all accounts, he is the dominant force in the meeting. Although he is ostensibly there for legal advice for the planning board when asked, his verbiage is more copious than the combined other members of the board. A second breach of ethics took place in the form of former Madison County building inspector Ronnie Ledford, hired by, and giving part of the presentation for, B&E Ventures. What follows is a slightly abridged account of the meeting in a letter published by the News-Record Sentinel on Feb 8, 2006:

“I, along with over 200 other concerned citizens, attended the Jan 24th meeting. With the existing Madison County land-use ordinances already in place, I felt confident each member of the planning board would be able and willing to fully comprehend and apply these guidelines to the properties B&E Ventures – resort owners Rick Bussey and Orville English – were requesting to be rezoned from residential-agriculture to residential-resort and retail-business.

I listened to great interest to the first zoning request by David Kendall to develop a subdivision on approximately 20 of the 80 acres he owns near Max Patch, and was encouraged by the many questions asked by board members. There was confusion as to the number of lots being considered for additional development, 5, or 13. Mr. Kendall was told, “Sir, you cannot appear before this board without a plan.” They needed to know exactly how many houses were to be built. This was good news indeed; a developer is required to have a specific plan for the use of the land. (When the issue was shelved at the November meeting, the developers were asked to return with a comprehensive plane for all the properties they wanted to develop.)

Next to be considered were three tracts totaling 334 acres that spans the entire Laurel Valley Community. With the existing zoning ordinances in place for Madison County and assuming Planning Board members and Mr. Leake, the Board’s attorney, are aware of their own ordinances, the first property to be considered for rezoning, 108 acres on Watershed Road should not have been considered at all. Gary Davis, acting as attorney for the concerned citizen’s group, Laurel Valley Watch, informed the Board that the application for rezoning the property was invalid since it was made in the name of B&E Ventures, who as it turns out, doesn’t own the property. Instead Scott Carswell, a nightclub owner and boxing promoter from Tallahassee, Florida, owns it. According to Section 122 of the Madison County Zoning Ordinance the rezoning application must contain the names and addresses of the owners of the property in question. It did not. In response to the revelation of Mr. Carswell’s business background, Board member Bob Zink stated that what a person does for a living is of no concern. Perhaps it is if you happen to live next door. How does this person’s past business practices affect future business practices? Is there a pattern of business related behavior in this person’s existing business that could have a negative impact on the local community? Most importantly, what are his plans, as the property owner of record, for this 108-acre farm at the head of Laurel? These are questions that needed to be asked of and answered by Mr. Carswell.

Instead Mr. Bussey acted as spokesperson and talked of developing the Shelton farm into an equestrian center where resort residents could enjoy the riding trails and stable their horses. He was asked how many houses would be built, would there be condominiums and, if so, how many. Mr. Bussey could not, or would not, say. They are still working on the plans so nothing is really definite at this point. He keeps mentioning their “master plan” which could involve 500 to 700 houses/condos. Well, is it 500 or 700? That is a difference of 200 houses/condos increasing the high-density housing even higher. That is a huge discrepancy. After all, David Kendall was told he would not get rezoning approval based upon whether he was building 5 additional houses or 13… that’s a difference of 8. Should B&E Ventures not be held to the same standards? This brings up the next problem with B&E”s request for rezoning this property from residential-agriculture to residential-resort. The zoning ordinance clearly states that all applicants are required to supply a plat or drawing showing buildings and intended use of land and specific activities to be performed, or rea