19930501 Ver 2_Public Comments_20091204

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December 2, 2009
Dill
N C Division of Water Quality DENR-wATERQUALITY
Attn. WETLANDS AND STORMWATER BRANC?4
Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
Dear Ms. Karoly:
Enclosed is the correspondence I've accumulated on the Airport
Extension Project, including the letter to the Corps. of Engineers.
I hope it is helpful for you to arrive at a decision, for many of us hope it
doesn't go through.
Thank you for your consideration.
Respectfully,
4 ??
Donald R. Thibaut
187 Willow Cove Rd.
Franklin, NC 28734
*1i
March 15, 2009
NORTH CAROLINA DEPT. OF AVIATION
Raleigh, NC
Re: Project SCH#:09E00000216
NEPA Funding of No Significant Impact
Gentlemen:
This letter is my expression of disapproval of the Macon County Airport
Extension. I live at 187 Willow Cove Rd. My property is in the West to East
landing pattern. Airplanes go over my house every day, depending on the weather.
By extending the runway towards my home 600 feet the incoming planes will be
closer to the ground in their approach. I am not a pilot but have basic arithmetic
knowledge, and I have spoken to a pilot and he agrees with me on this.
This project is not being implemented for safety as being promoted here, but
to further the agenda of the local politicians.
I have included a picture of a medium size plane that was here last fall.
There was also a larger plane berthed here for several days last fall. A large
military plane did touch and go landings several times one day last fall. Certainly, if
there was a safety issue they wouldn't land here.
Many planes of various sizes land and take off here during the summer
months on a regular schedule. Have the pilots been queried about safety issues?
The larger planes and the increased traffic will create more noise.
One of the political wizards mention that the runway extension is needed for
night landings and take offs. Fact is, this airport is closed at night. The only
landings and take offs at night are illegal and this happens occasionally.
Again, I repeat - we don't need the increased noise from larger aircraft or a
landing pattern that is closer to the ground.
Respectfully
onald R. ibaut
P. S. I didn't mention the artifact issue or the condition of the soil on the project. It
appears to be black organic muck, not a good paving base. If it has to be removed it
is going to take more that a 25% artifact recovery to prepare the site for
construction.
November 28, 2009
U S Army Corps of Engineers
Attn. Lori Beckwith
151 Patton Ave. - Room 208
Asheville, NC 28801
Dear Ms. Beckwith,
Thank you for returning my call and the conversation we had. Enclosed is a
letter to the NC Dept. of Aviation sent in March 09 and a letter for our local
newspapers which was not accepted to be published because of the 800
word length.
I received no answer from the Dept. of Aviation. The Letter to the Editor is
a compilation of news articles and my comments are the same. However,
my thoughts are still the same now as then.
Some of these comments are updated with new information.
I refer to the safety issue. A person who will remain unnamed told me and I
quote: "The new pavement addition will not be used in normal landings".
Duh - What are we building it for? The 25% artifact recovery date proved
wrong. The dig found unknown village structures which have not been
fully disclosed to the public. Up to 10,000 years of history, not just a burial
ground as first reported.
The above statement also references the tidbits #I & 2 in the Letter to the
Editor. In an article in the Macon County News & Shopping Guide, Ms.
Dalrymple reports on the Airport Authority's meeting on Oct. 27th . -no
mention about the comment period. Also, the questions asked about public
updates and the no response by the Authority. See the third paragraph in the
Editor Letter about this consistent media blackout by the Airport Authority.
Ms. Dalrymple reports about the NC Division of Aviation not responding to
Mr. L. Marshall's request for information. They didn't respond to my letter
back in March - nothing new.
In closing, I must add that I'm not against growth, but it must be responsible
growth with no hidden agenda as this project is. Now, they are raising our
taxes for school construction during a severe recession - BAD MOVE. By
the way, the new school is next to the airport - see the first paragraph of the
Letter to the Editor - same agenda - new twist..
Thank you,
A owxl 4Z4?
Donald R. Thibaut
187 Willow Cove Rd.
Franklin, NC 28734
Enclosures
1. Letter - N C Dept. of Aviation
2. Letter to the Editor
3. Printed article - Macon News & Shopping Guide - Nov. 5, 2009
A?
CLEAR AGENDA???????
The current airport conflict has been on the radar for many years.
Recent exposure was the school board issue which included a huge
water and sewer system for Iotla Valley. Sewer and water for the school
- no - industrial development. You know the answer - voted down, but
some projects started anyhow.
One old idea comes to mind, expansion was needed for larger planes to
land and buses then take the passengers to the Casino on gambling
junkets - remember? Why was the fancy building built there??? For the
nominal transient traffic it handles ???
Now it has come back, one little piece at a time - I'll explain. Do you
know the story about the frog in hot water? You can't put a frog in
boiling water - he'll never get wet - but put him in cold water and heat
it slowly and he'll never know it until too late. That's how it's been
with the political news releases.
As reported in the Macon County News on February 19, Franklin
Mayor and Airport Authority attorney made the following statement:
"A lot of folks who have means (money) may be interested in a
commercial airport, as well as Caterpillar and Drake Enterprises."
That's tidbit #1 ------- maybe #2
As reported in the Franklin Press on February 20, it is reported that:
"The Airport Authority has voted to spend $535,000 in funds from the
NCDOA to have a group called TRC Environmental out of Chapel Hill
recover 25% of the artifacts in the expansion area" (approximately 5
acres).
Tidbit #3
"The EBCI wants 100% recovery. Mr. Gregory says a full data
recovery would cost between $2-3 million, funding which is not
available." If you are going to build a house and can't fund the
foundation, how are you going to build the house?
As reported in the Macon County News on Feb.26th by Miles Gregory,
Chairman of the Airport Authority, quote: "It's a done deal". Mr.
Gregory continues, "The Macon County Airport Authority's priority is
not to make the "fat cats" in Highlands happy because they have the
most money. The goal of this project is to improve the safety and utility
of the runway by improving the required landing and take off length for
aircraft and by improving the deficient runway safety areas."
Tidbit #4 "It's a done deal" - maybe
Now we have two new words describing the reasons for the project.
"Required" length - what has changed? A lot of planes come and go
each year. Please describe the "deficient areas". First time the word
"Highlands" has entered the equation. Are the "fat cats" there
influencing the situation?
Kudos to the Franklin Press for it's excellent history report. Mr.
McCandless reported: "Backers of the project say the Runway
Expansion is a necessary safety improvement that may provide the dual
benefit of economic development to the county." Again, in the article
the Press listed Rick Barkes of the NCDOA as stating: "If you are
asking, is this going to be a commercial service airport? Then that
would be no. It will be a GAC (General Aviation) airport."
Tidbit #5
Depends on which agency you ask - "What's going on?" - mixed
answers - right?
As reported in the Macon County News on March 5 about residents
mistakenly attending a meeting at the airport -- Mistaken? I doubt it---
The only way we who oppose the project can " get a word in edgewise"
Enough said.? Later in the same meeting, Messrs. Gregory and Collins
are still referring to a plane crash 10 years ago as the main reason for
the projects. Check the facts gentlemen - it was pilot error.
Tidbit #6 - same old rehash!!!
Kudos to the Press on the article, "Protecting the ancient cultural
resources" during this firestorm.
As reported by the Smoky Mountain News on March 11, staff writer
Josh Mitchell quotes Mr. Hoppe - "When I die, my soul will depart my
body. I don't want a hole dug for me." He wants his ashes spread over
the airport property. "It's a beautiful place."
Tidbit #7 - NO COMMENT
No, on second thought. It isn't hard to find new reasons for the project
is it? Continuing in the same article, Mr. Gregory still talking about the
crash 10 years ago -
As reported in the Macon County News article on March 12th "Airport
Authority presents case to Commissioners". This article lists these
possible issues:
1. Fish & Wildlife Agency UCFWS has concerns about the
"finding of no significant impact (FUNSI) report".
2. Corp. of Engineers Office in Asheville says the Airport
Authority submitted on incomplete water quality permit application.
3. Some comments about the lack of public input.
4. Again the crash 10 years ago is presented.
Tidbit #8
Maybe the Authority should have gone to the County Commissioners
first. Sounds like all the homework was not done. Mr. Gregory again
brought the 10 year old crash to the table. -- They just don't get it.
These 8 tidbits are what we frogs are contending with. I suggest that
you go back and read the Letters to the Editors and Rants & Raves in
the Press and other newspapers in the area about what those who are
showing opposition " frogs" and others are saying about the project.
However, a quick update. Go look at the progress of the dig. It started
next to the fence at the Children's Home, then progressed to the fence
along Airport Rd. Notice all the little flags - did they find something?
Finally, some digging is now going on in the path of the runway. Were
they told where to dig? Also notice the soil - black dirt - very
uncommon in this area. Probably an old lake bed, lots of farming, I'm
sure. Good dirt to grow crops in - bad dirt to build on - doesn't
compact well- must be removed to build on. What will we determine to
do then ?
Donald R. T6ibaut
Iotla Community
I I ne Macon Coun
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Disbibulml in Franklin, Otto, Highlands
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Dillard & l3ayton, GA
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WEDNESDAY7
RAN S TRAY PAIGE
Downtown F=ranklin at it-.00 a.ln.
Seepage 14 Sponsure ? by I`ra4lin Main Sireet Pi tigntrlt
novemoer b, zuuv • 4U Pages Volume 27 Number 23 13,000 Printed This Week www.maconnews.com
Public comment period
opens on airport project
By Marla Dalrymple - Staff Writer
u„ , ny„ vbnum 11unuivu bomur avni tes rrl0ay
Night in the Panther Pit dedicated to Fall athletes. Page 10
¦ LOCAL MAN CHRONICLES LIFE-SAVING 'AFFAIRS OF THE HEART'
Part 2: Volker undergoes pre-op and open heart surgery. Page 28
LACKEY SUIT AGAINST SHERIFF, COUNTY DISMISSED
Action stemmed from denial of seizure medication after DWI. Page 13
A 30-day open comment period for work at the
Macon County Airport began last Thursday, Oct. 29.
Interested persons will have until 5 p.m. on Monday,
Nov. 30 to comment on the runway extension project
and its impact on endangered species, historic proper-
ties, water quality, general environmental effects and
other public interest factors.
The runway at the airport is to be extended 600 feet
in order to bring the airport in compliance with North
Carolina Division of Aviation and Federal Aviation Ad-
ministration safety standards. The proposed project
consists of extending the runway, the associated taxi-
way and runway safety area 600 feet to the west and re-
moving wildlife attractants near the runway.
The permit application seeks authorization to impact
5.72 acres of freshwater wetlands and 809 linear feet of
stream in order to extend a runway and expand a run-
way safety area.
The U.S. Army Corps of Engineers' decision
whether to issue a permit to the Macon County Airport
Authority will be based on an evaluation of the proba-
ble impacts, including cumulative impacts, of the pro-
posed activity on the public interest. The applicationE
states that the decision will reflect a national concern
for both protection and utilization of important re-
sources. It states that "the benefit which reasonably
may be expected to accrue from the proposal must be
balanced against its reasonably foreseeable detri-
ments.*'
SETTLES FOR HALF OF REQUESTED ELECTRIC RATE HIKE
will help pay for "billions in improvements" in reoion. Pane 6
By David Tell - Staff Writer
Amid all the festive, make-believe gore
on Halloween night, there was real blood
and guts in an altercation involving knife
assaults at the Franklin Hot Spot at Depot
Street and East Main Street.
The fight arose over taunts made to
some young women congregating in the
Hot Spot parking lot with other friends, ac-
cording to Otto'resident Alexandria Rae Above, police and emer-
Anglin, 19, who was with the group. gency vehicles dot the
"There was two men over at JD's Place, Franklin Hot Spot parking lot
older men, and me and a bunch of my following a melde that culmi-
friends were dressed up in Halloween cos- nated in a stabbing and a
tumes - short skirts, our bellies showing," knife thrown in retaliation on
Halloween night. Two men
Anglin said. "They were making rude re- have been charged in the in-
marks, whistling, yelling at us. My male cident, which arose over the
friends were asking what they were saying. taunting of some young,
See STABBING on page 3 scantily costumed women.
Collins. re-elected as mayor by slim 14-vote margin
Public opts for new
mayor in Highlands
By Marla Dalrymple
Staff Writer
In a very close race for
mayor in the Town of
Franklin, incumbent Joe
Collins secured a victory
against challenger Bob Scott
with a slight lead of only 14
total votes.
Although all election re- Mayor Joe Collins
sults are yet unofficial,
Collins was re-elected mayor by 51 percent of the votes.
Scott received 49 percent of total votes for mayor of
Franklin.
Debbie George, deputy director of the Macon County
Board of Elections, said a total of 502 voters participated
in the 2009 Franklin municipal election: 289 at the polls,
190 at One Stop, 14 mailed and 9 provisional.
According to General Statute 163-182.7, "a candidate
shall have the right to demand a recount of the votes if the
difference between the votes for that candidate and the
votes for a prevailing candi-
date is not more than one
percent of the total votes
cast in the ballot item or in
the case of a multiseat ballot
item not more than one per-
cent of the votes cast for
those two candidates. The
demand for a recount must
be made in writing and must
be received by the county
board of elections by 5 p.m.
on the first business day
Mayor-elect David Wilkes after the canvass."
The last day of canvass-
ing is when the election results are fmalized, which will
be on Tuesday, Nov. 10, said George. She said the margins
in the Franklin election are not narrow enough to require
a recount.
Collins and Scott shook hands Tuesday night and con-
gratulated each other on a close race. Collins said he is
very happy with the results while Scott admitted disap-
pointment.
"I am grateful to those who supported me," said Collins,
See RE-ELECTED on page 2
& Shopping Guide
Two arrested in grisly Halloween night stabbing
4 THE MACON COUNTY NEWS & SHOPPING GUIDE
Airpoft
Continued irom page 1
According to the document, all factors
including conservation, economics, aes-
thetics, environmental concerns, wetlands,
historic properties, fish and wildlife values,
flood hazards, land use, safety, and the
needs and welfare of the people will be
considered in weighing the permit applica-
tion.
Concerned parties may submit com-
ments in writing during the open comment
period in order to help the U.S. Army
Corps of Engineers make its decision about
the permit. Comments are also used to de-
termine the need for a public hearing and
to determine the overall public interest of
the proposed activity.
Any person may request in writing, and
within the open comment period, that a
public hearing be held to consider the ap-
plication. Requests should state a particular
reason for holding a public hearing.
Written comments pertinent to the pro-
posed work will be received by the U.S.
Army Corps of Engineers, attention Lori
Beckwith, 151 Patton Avenue Room 208
Asheville, North Carolina 28801 by 5 p.m.
on.Nov. 30, 2009.
Local officials
Although the Airport Authority held a
meeting, attended by local media, on Tues-
day, Oct. 27, no mention was made that the
comment period would open two days later
on the project. When the Macon County
News submitted five questions to the au-
thority the same week in order to update
the public on the status of the project, the
r
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PAVEMENT SWEEPING
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SCALE. 1- . 100•
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EXISTING RUNWAY/Tmwy PAVEMENT
PROPOSED RLINWAY/TAKWAY PAVEMENT
GRASSED SWNLES
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® .IJUSKI1CTIONAL AREAS NOT
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- - - LIMITS OF CONSTRUCTION
- - ENSRNO PROPERTY LINE
=kD GRAMM ..

ENSWO
0-f10' POP
PLAR W9 OF POOPOOEO
WMIWAY AND TAIOWAY EnISCM
answered later this week. One of the ques-
tions was, "Will the Macon County News
be informed of the public comment period,
or, as feared by some area residents, will it
only be advertised in Asheville or an ob-
scure Web site?" The Airport Authority
provided no notice of the comment period,
and it was not found to be listed with any
media in the county.
Lori Beckwith, with the Asheville Office
VOLUME 27 NUMBER 23 1 THURSDAY, NOVEMBER 5, 2009

department is required by regulation to no-
tify all adjoining properties owners of the
start of an open comment period as well as
the involved agencies. The public notice is
also posted in the Franklin Post Office, she
said, and on the Corps' Web site. The
agency is not required to put notices in
newspapers, she said.
Beckwith said once a completed appli-
cation is received, it is published and com-
ments are accepted. At the end of the 30
days, the comments will be evaluated and a
letter will be written to address future
needs.
"It is a period to let the public and the
agencies comment," said Beckwith of the
30-day open comment period. The Corps
of Engineers can then ask for more infor-
mation of the Airport Authority, a process
that can take as long as three months or up
to two years, she said.
Wetlands
The Corps of Engineers is soliciting
comments from interested parties in order
to consider and evaluate the impacts of the
proposed runway extension on nearby wet-
lands and streams. The Corps will evaluate
the application submitted by the Macon
County Airport Authority and decide
whether to issue, conditionally issue or
deny the proposed work pursuant to the
Clean Water Act.
Waters to be affected by the project are
Ioda Branch and Iotla Creek. According to
the Environmental Assessment prepared
for the project in December of last year, the
expansion will cross Iotla Branch, Iotla
Creek's man-made tributary, located on the
south side of the airport's terminal area.
The assessment states that the "scenario
causes areas of environmental concern dur-
ing and after construction with respect to
erosion control and sedimentation in the
Iotla Branch."
Iotla Creek is the fourth largest tributary
to the Little Tennessee River below the
Lake Emory Dam, but the largest contrib-
utor of sediment per surface area.
The Environmental Assessment states that,
The map above shows the details of the pro-
posed runway extension project at the Macon
County Airport. A public comment period runs
through Nov 30, 2009. Factors including con-
servation, economics, environmental con-
cerns, wetlands, historic properties, fish and
wildlife values, land use, safety, and the needs
and welfare of the people will be considered
in weighing the permit application.
"Any effect on Iotla Branch could affect
Iotla Creek, and could also, in turn, affect
the Little Tennessee River."
The runway extension will include fill-
ing and grading 749 linear feet of Iotla
Branch, a tributary of lotla Creek, and 0.17
acre of wetlands. Of the 749 feet that will
be filled and graded, 139 linear feet would
be relocated to an open rock-lined channel
in order to divert the stream into 575 feet of
72-inch reinforced concrete pipes and 130
feet of 60-inch pipes. The pipes will tie into
an existing culvert under Airport Road and
`rill outlet into lotla Creek south of the run-
way.
The project also includes filling 3.74
acres of wetlands adjacent to the existing
runway in order to reduce the attractiveness
of the area to hazardous wildlife.
According to the application, the Airport
Authority proposes to remove all culverts
installed in 2006 during a perimeter fence
installation and restore the stream channels
to their pre-construction condition.
Endangered Species
The application and notice initiates the
Essential Fish Habitat consultation require-
ments. According to the application, the
Corps' initial determination is that the pro-
posed project would not adversely impact
fisheries managed by the South or Mid At-
lantic Fishery Management Councils or the
National Marine Fisheries Service.
The State Wildlife Resources Commis-
sion however stated in a March 9 letter,
that, "The Little Tennessee River water-
shed is a high conservation priority because
it supports several sensitive species of
aquatic life." While the commission states
that it "has no major objection to the proj-
ect overall ... the lack of evaluation of the
NOVEMBER 5, 2009 VOLUME 27 NUMBER 23
project's secondary and cumulative im-
pacts on those resources is a concern."
The application states that the Corps of
Engineers is not aware of the presence of
threatened or endangered species, or their
habitat, within the project area. The Airport
Authority is to work with the U.S. Fish and
Wildlife Service regarding potential im-
pacts to downstream species. "A final de-
termination on the effects of the proposed
project will be made upon additional re-
view of the project, a review of the coordi-
nation between the applicant and the
USFWS, and, if warranted, the completion
of additional biological assessments,
and/or consultation with the USFWS,"
reads the application and notice.
Cultural Resources
The application also states that the site
of the proposed runway extension area
contains a wide variety of data sets from
Cherokee artifacts and burial sites, includ-
ing a large number of human burials, the
presence of structure postholes and cultural
remains including pottery, cut mica, stone
tools and historic artifacts.
Initially, the Airport Authority agreed to
perform data recovery on 25 percent of the
runway extension footprint. The goal of the
data recovery plan is to describe the peo-
ple who were buried at the site, to charac-
terize and explain any skeletal traits,
pathologies or anomalies of the people and
to provide information relevant to their
lifestyles.
When the project commenced in Febru-
ary 2009 without signatures from the East-
ern Band of Cherokee Indians or the United
Keetoowah Band of Cherokee Indians, both
parties as well as members of the general
public expressed disapproval of the recov-
ery plan. As a result, the Airport Authority
agreed to perform stripping and mapping of
the topsoil for the entire extension project
area. All features identified will be mapped,
left in place and re-covered. Features and
artifacts will be encapsulated beneath the
runway.
Archaeologists are to finish up at the site
around the end of the month. Tasha
Benyshek, senior archaeologist on the proj-
ect, said the scope of work has revealed nu-
merous unique finds. Spearheads from
2,000 BC were analyzed while evidence of
separate palisaded villages on the property
drew the attention of many within the ar-
chaeological field.
Local residents
Opposition to the project began mount-
ing this spring as area residents and con-
cerned citizens wanted answers from the
Airport Authority. They were told to submit
questions in writing and they would be an-
swered.
Six months later, the questions have yet
to be answered. Authority Chairman Milles
Gregory said the group will continue to
work on getting some answers out to the
THE MACON COUNTY NEWS & SHOPPING GUIDE 5
people.
Olga Pader, who lives by the Macon
County Airport, spearheaded a group called
"Save Iotla Valley" and collected 168 sig-
natures for a petition against the runway ex-
tension. In addition to the fact that none of
the public's questions were ever answered,
Pader said the public has been treated in a
condescending manner by the Airport Au-
thority.
Pader said she has been upset that more
people have not tried to fight the process.
"All of the people so interested in the
Cherokee legacy should be standing on the
runway saying, `We're not going to allow
this,"' Pader said.
Area resident Selma Sparks also submit-
ted questions to the authority, who told her
they would be answered "whenever we can
get to it." She never received a response.
Resident Lamar Marshall took things one
step further. In March, he filed a request for
public records through the Freedom of In-
formation Act, requesting all documenta-
tion and communications over the runway
expansion between the Airport Authority,
the North Carolina Department of Trans-
portation, the State Archaeologist and the
Federal Aviation Administration.
Marshall said the public benefit of releas-
ing the documents is significant. He is the
cultural heritage director of Wild South, a
non-profit grassroots organization that in-
spires and empowers people to protect and
restore the native ecosystems of the South-
east.
Seven months after issuing the requests,
Marshall said he has yet to see one re-
sponse from any agency contacted. "The
Corps of Engineers is the last hurdle," he
stud of the extension project.
Marshall said he intends to file a 60-day
notice to sue the airport. "The airport offi-
cals may have legal loopholes to pave over
Cherokee graves, but it is unethical and
wrong ... The airport clique's selfish plans
to expand their `crop-duster landing strip'
into something that hundreds of residents
around them oppose proves that democracy
is not an option in Macon County. It's by
the rich, for the rich and of the rich."
Marshall said that officials don't care
about the peace and tranquility of dozens
o families who have their life savings in-
vcsted in their community homes nor the
families who have lived in the area for hun-
dreds of years. "Their philosophy," he said,
"is `heritage to hell and pave it all!...
Marshall referenced further industrial-
ization around the airport, as a proposed in-
dustrial park to surround the site has been
discussed for years. "The proposed indus-
trial park facilities that will come next will
end life as we know it along Iotla Creek
and high-quality recreational use of the Lit-
tle Tennessee River. They don't calculate
the cost of this environmental destruction,
quality of living, loss of history and her-
itage into their spreadsheets. If they did, no
one would buy in to such a bad idea."
Don't you think they're
A vote

too close for comfort?
for SIIULER
is a
vote forPELOSl
FreedomWorks
WFreedomWorks.org/state/north-Carolina

Jim
This is. part of a Press
series examining environ-
mental impacts and public,
safety, concerszs surround-
ing the 2,200-acre Wild-
flower subdivision in the
Cowee Mountain Range.
By Cohn McCandless
prrs..nmoner @thefitnddinprnss.ec>in
Landslides have been
one environmental concern
recently documented in the
2,200-acre Wildflower sub-
division, but the develop-
ment also may have had
some adverse short- and
long-term affects on the
health of streams directly
below it, according to a
local biologist.
Aquatic biologist Bill
McLarney has been moni-
toring the health of Caler
Fork, Dalton and Tippett
creeks that run below Wild-
flower. He has been con-
ducting stream biomonitor-
ing to study the health of
the Little Tennessee River
and its tributaries since
1.990, and currently serves
as biomonitoring program
See Wildflower on page 6A
Air port comment
period is extended
By Colin McCandless
pressreprnver @t1re/iurrklirrprrss.conr
The public comment pe-
riod on the environmental im-
pact portion of Macon Coun-
ty Airport's runway extension
project has been extended.
The project engineer, Eric
Rysdon with W.K. Dickson,
announced at the Nov, 24 au--
port authority meeting that the
Army Corps of Engineers
was asked to extend the per-
nut's public-continent dead-
line from Nov. 30 until Dec.
7. The comment period was
to initially run from Oct. 29
through Nov. 30.
Airport authority chair-
man Miller Gregory said that
See Airport on page 8A
(1:1,10
Established 1886
Developments on the skids
Criminal invests a.tion opened
into Big Ridge/SunTrust loans
Sims Valley, upscale Cashiers-area develgpment, sold in oreclosure
By Lucy Morgan For The Franklin Press ''F l
Lawyers for 13 people
who bought land in a con-
troversial Big Ridge subdi-
vision in Jackson County
say federal prosecutors in
Miami and Pittsburgh. Pa
have opened a criminal in-
vestigation into loans ob-
tained from SunTrust.
The 13 buyers have
asked a federal judge in
North Carolina to delay ac-
tion in a civil fraud suit filed
against them by SunTrust.
"Defendants understand
that they are more than ma-
terial witnesses in the gov-
ernment's investigation and
have not been ruled out as
targets of the criminal in-
vestigation and/or potential
defendants," lawyers have
argued in documents filed
in U.S. District Court in
Bryson City.
The buyers, from Flori-
da and Pennsylvania, bought
lots in the development in
2006 and later obtained
mortgages of more than $1
million a piece from sun-
Trust. The bank alleges that
all of there falsified their in-
come to obtain the money.
SunTrust is seeking repay-
ment of more than $19 mil-
ion.
In an affidavit filed in
ederal court lawyer Michael
'. O'Day Sr., a Pittsburgh
awyer, says he represents
one of the 13 defendants in
he criminal investigation
nd has been in contact with
federal prosecutors in Mianu
and Pittsburgh.
O'Day said the SunTrust
transactions are part of a
broader investigation of the
development and "certain
individuals" involved with
it.
1 have been advised that
the US Government be-
lieves some and/or all of the
individuals involved with
the development potential-
ly comriutted criminal acts,"
O'Day said.
Most work in the devel-
opment started by Domenic
Rabuffo is at a standstill as
SunTrust and other banks
foreclose on lot after lot.
Partially constructed hous-
es sit abandoned on more
than 15 lots.
Rabuffo, a native of
See Big Ridge on page 6A
Wildflower:
Impact on
aquatic life
An unfinished home on Big Ridge near Cashiers. The development continues
to be sunk in controversy.
iv ?a??r oar uK acquirea the 225-acre Sims Valley sub-
division in a foreclosure sale Nov. 20.
Page 8 Section A -. Friday, November 27, 2009 THE FRANKLIN PRESS
Airport: Timing of " comment period was out of his hands; Gregory says
continued from IA
recent statements falsely ac-
cused the authority of hiding
the permit comment period
from the public and he want-
ed to set the record straight._
Gregory, displayed a let-
ter addressed to him from the
Corps dated Oct. 29 that he
said he did not receive until
Nov. 4.
He added that at the time
of the last airport authority
meeting, Oct. 27, the author-,
ity did not know when the
Corps was going to advertise
the permit. -
"All our meetings have
been open to the public and
advertised properly," Grego-
ry said.
"We are going by the
book. We have absolutely
tried andwe will continue to
try and conduct our business
in the proper way," he added.
Rysdon also commented
that it is the Corps that pub-
lishes the permit and public
notice was issued after the
last airport meeting so they
were not able to get that in-
formation out to the public at
the time.
Archaeological
investigation done
Updating the archaeolog-
ical portion of the runway ex-
tension project, Rysdon said
it appears that TRC (the
group hired to do the archae-
ological study at the airport)
has completed their fieldwork
and is working on a draft
summary report.of their
work. .
They will be working on
a full report of their fieldwork
to be finished sometime next
year, he said..
The last portion of the in-
vestigation involved stripping
and mapping of 100 percent
of the runway impact site,
added as part of a compro-
mise with the Eastern Band
of the Cherokee Indians over
artifact recovery. It involved
topsoil removal and mapping
and documenting everything
they found.
The archaeological study
at the runway extension site
has revealed, four.distinct
time periods of Native Amer-
ican occupation.
Army Corps permit
public comment info
The Army Corps of En-
gineers has received an ap-
plication from the Macon
Airport Authority seeking
their authorization for wet-
land impacts in order to ex-
tend the airport runway 600
feet and widen itby 300 feet.
The current airport is 4,400
feet long.
In total, the impacts
would be 5.72 acres of fresh-
water wetlands and 809 lin-
ear feet of stream, according
to the Army Corps public no-
lice.
The Corps will evaluate
the application and decide
whether to issue, condition
ally issue or deny the pro-
posed work pursuant to ap-
plicable procedures of Sec-
tion 404 of the Clean Water
Act (33 U.S.C. 1344).
Any comments received
will be considered by the
Corps to determine whether
to issue, modify, 'condition or
deny a permit for this pro-
posal.
Comments are use to as-
sess impacts on endangered,
species, historic properties,
water quality, general envi-
ronmentaYeffects and other
public interest factors.
Comments are used in the
'preparation of an Environ-
mental Assessment (EA)
and/or an Environmental Im-
pact Statement (EIS) pur-
suant to the National Envi-
ronmental Policy Act.
Comments are also used
to determine the need for a
public hearing and to deter-
mine the overall public inter-
est of the proposed activity.
Any person may request
in writing, within the com-
ment period specified in this
notice, that a public hearing
be held to consider the appli-
cation.
Requests for public hear-
ing need to siaXe the specifi
reasons for holding a publi
hearing.
The requests for a publi
hearing shall be_ granted, ur
less the district engineer de
termines that the issues raise
are insubstantial or there i
otherwise no valid interest t
be served by a hearing.
Comments should be sut
mitted to: U.S. Army Corp
of Engineers; Attn: Loi
Beckwith; 151 Patton Avenu
Room 208; Asheville N(
28801
. For more information o
the public notice and all at
tached plans, visit www.sav
usace.army.mil/wetlands/ an
click on "Public Notices."
*Source: Public Notice
U.S. Army Corps of Engi
neers Wilmington District.

Wildflower: Development affected streams
continued from I A
c irector of the Little Ten-
nessee Watershed Associa-
tion.
When Wildflower started
work on its development in
2005, the streams below it
saw their worst problems, ac-
cording to McLarney.
"After that, they got
things a little stabilized," said
McLarney, who lives in the
Oak Grove community of
north Macon. "From the
point of view of what's going
on downstream, it wasn't as
bad."
.
In 2005. McLuney took
a fish sample from Caler
Fork, a tributary of the Little
Tennessee downstream of
Wildflower and Dalton
Creek. It happened to be a
site he had studied the year
before as well.
'When you went into the
stream it was very clear that
there had been massive sed-
iment deposition," McLamey
said.
. He qualified that it was
not the kind of sedimentation
you see after a big stonn in a
watershed that's disturbed in
various places. It was what is
called `bedload' sediment,
stuff that just moves in quan-
tities over the bottom.
At that point in time. the
stream registered the largest
drop in biotic integrity that
has ever been measured over
a one-year period anywhere
in the Little Tennessee wa-
tershed.
The Environmental Pro-
tection Agency (EPA) defines
biotic integrity as "the capa-
bility of supporting and main-
taining a balanced, integrat-
ed, adaptive community of
organisms having a species
composition, diversity, and
functional organization com-
parable to that of the natural
habitat of the region."
Biotic classes go from
very poor, poor and fair to
good and excellent, accord-
ing to McLaney.
"Normally, if you see a
change in class, it will be one
class one way or another."
McLarney said.
Caler Fork, however.
went from good to poor in
one year.
Then just as suddenly as
its health dropped, Caler Fork
recovered to a good degree
in the following year, but
with a different group of fish.
"In other words, it (the
sediment) altered the situa-
tion, " McLarney said.
"What happened was be-
cause that was kind of a one-
time event, some of that sed-
iment flushed on out and I
suppose it's down some-
where in Cowee Creek or the
Little Tennessee River now."
McLarney said the im-
pacts from Wildflower are
not disastrous, but added that
they are not good either.
"I think the thing to bear
in mind is that streams are
natural systems; just like you
and me," McLaney said.
"We can get sick and it
doesn't kill us. But stress
makes it more difficult to
handle the next illness. So
that's kind of what happened
on Caler Fork."
While he has not been
back to monitor Caler Fork
since 2007, McLarney said
that due to recent events like
the Wildflower landslide he
will "probably make Caler
Fork a priority in the coming
year,
Fish reproduction
appears impacted
Dalton and Tippett creeks
above Caler Fork were also
adversely affected following
the initial work on the Wild-
flower subdivision in 2005,
according to McLarney.
In Tippett, the entire trout
population was wiped out.
Additionally, after the Wild-
flower development began,
McLarney was not able to
find evidence of reproduction
in sculpin, the only other fish
-,
What we're on here is a
kind of slippery slope
- Bill McL<xnrev
species that is native to that
stretch of creek.
"The big ones were still
hanging on. but there were
no fish of that year class."
McLarney said.
He has not been back to
study Tippett since 2005.
"I would suspect that's
fairly long-term damage."
said McLarney. "I would
suppose that it was getting a
little better over time, and I
would suppose that this re-
cent event (Nov. 16 Wild-
flower landslide) has proba-
bly set things back again."
He said Tippett experi-
enced the most visible im-
pacts, noting that normally
when a road is put in near a
stream or some natural event
happens, you'll see sediment
deposited in the stream.
"In Tippett, there was
mud deposited way up on the
flood plain," McLarney said.
`It was deposited on the
stream bank, which indicates
that that stream was carrying
a whole lot of sediment."
While he hasn't been
back to Tippett since 2005,
he did return to study Dalton
in 2008 and McLarnev saw
a lack of reproductive suc-
cess in the fish there.
The first phase of the
Wildflower subdivision was
done on the Dalton Creek
side of the development.
While, overall, the health
of Dalton Creek and Caler
Fork has recovered since the
initial health drop, there are
still legitimate concerns, fore-
most of which is a general
lack of reproductive success
of fish in the years after Wild-
flower came in.
McLarney emphasized
that die decreased reproduc-
tive success is probably the
"most devastating effect of
sedimentation."
"You can lose one year of
reproduction in a species and
maybe you're not in trouble,
but with these short-life
species, if you lose two or
three years reproduction,
you're really setting things
back," McLarney said
There is also the cumula-
tive impact of the stresses on
these streams that McLarney
referenced earlier.
"What we're on here is
kind of a slippery slope,
where if you keep impacting
something, you're going to
affect its resilience," McLar-
ney said.
.,Our mountain streams
are pretty resilient, that does-
n't mean we should beat up
on them."
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