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The NCDOT's clearcutting program raises serious concerns regarding the protection of public interest, as highlighted by Ryke Longest. Key issues include the removal of trees along NC 147 and the Irwin Creek area without adequate consideration for municipal objections. Despite warnings about erosion and hazardous waste in the soil, the agency seems to overlook local concerns, including Charlotte's ordinances to protect water quality. This article delves into the environmental implications and calls for respect toward municipal objections, emphasizing the need for responsible environmental stewardship.
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NCDOT Clearcut Permitting Program Does not Protect the Public Interest By Ryke Longest
Some ODA Objections • “SB 183 does not guarantee that municipal comments will be given any kind of weight.” • Objects to“ano cut zone for property if Prohibited by unidentified "State or Federal rules, statutes, or permits."
Co. Clearcut All Trees • 53 trees more than four inches • Cherry, Elm, Maple, Cedar, Pear and Myrtle • Paid $1,762.50 for one “existing” tree (plus $200) • Salvage value of public’s trees not compensated by Adams=$34,200
Charlotte’s Objection • Charlotte Objected Citing City Ordinances to Prevent Erosion • “Trees proposed to be removed are growing on and protect steep embankment from erosion into creek, protecting water quality.” • Irwin Creek Flows to Catawba • NC DOT Ignored Objection
Hazardous Waste in Soil Near Billboard Site • In 1993, EPA removed: • 6,069 Drums of Waste • 13 Roll Off Containers • Tankers holding PCBs, solvents and cyanides • Four Underground Tanks • CMUD Soil Tests in 1998 and 2000 positive for barium, lead, cadmium, chromium, And mercury • Soils should not be disturbed!
Environmental Review • No record that NC DOT checked with DENR or EPA • Registered Brownfields agreement Prohibits owner from disturbing Soil • No Mention of hazards in soil • Charlotte’s objections Should be respected, instead of Ignored
Ryke Longest CLINICAL PROFESSOR OF LAW Duke University School of Law P.O. Box 90360 Durham, NC 27708-0360 (919) 613-7207 (phone) Email: longest@law.duke.edu