Citizens vow to continue fight against Wal-Mart

By Beth Trigg

Asheville, North Carolina, July 24 (AGR)— “You are not letting us speak!” octogenarian Hazel Fobes yelled, giving voice to the public outrage as an overflow crowd watched Asheville City Council discuss and approve the Riverbend development on Tuesday night.

Council voted 6-1 to approve the project at the Sayles Bleachery site on the Swannanoa River, with Council member Brian Peterson casting the lone dissenting vote.

Council member Carl Mumpower put forward the motion to approve the conditional use permit for the development after more than four hours of discussion and several brief re-openings of public comment, attaching fourteen conditions to the approval. Vice Mayor Terry Bellamy seconded the motion.

Opponents had described a number of suggested conditions “if you should turn your back on our concerns and pass this” as Betty Lawrence, an attorney representing the organized opposition, told Council. The central conditions called for by the opposition were: requiring that all permits be in place before construction begins, and requiring that remediation of groundwater pollution be completed before construction begins. The first of these was included in the council’s list of conditions; the second was weakened to suggest that the developer only be prohibited from breaking ground on the immediate area surrounding the plume of groundwater toxins.

The plume of contaminants from dumped dry cleaning liquids was first brought to the City’s attention by the Clean Water Fund of North Carolina, and has become a major concern for area residents. Engineer John Stipwitch had testified, both at the public hearing last month, and again at last night’s council session, that any construction or demolition on the site could endanger public health by disrupting the toxic plume.

Opponents pointed out Wal-Mart’s record of choosing to pay fines rather than complying with environmental standards.

“I was elected to help take care of the water,” said council member Holly Jones at one point. “I am concerned about this plume and I make no apologies for it.” Jones suggested that the city should not rely on the state to enforce environmental regulations, saying, “any type of regulation is only as good as the enforcement.” Jones was supported by Peterson, who said, “I’m worried that the developer is telling us one thing and will do another.”

Although coming out strongly in favor of environmental protection during the discussion, Jones disappointed many by voting in favor of the development.

In addition to environmental issues, traffic remains a critical concern, with Swannanoa River Road being pushed within what Betty Lawrence called “a tiny margin of error.” The increased traffic pouring into the development will put the NCDOT road very close to its maximum capacity on “average days.”

“Every time the mall has a sale,” said Sayles Village resident Corine Kurzmann, “it impacts my neighborhood. A supercenter in my backyard will impact my neighborhood.” Kurzman was one of dozens of neighborhood residents who opposed the development based on traffic concerns.

Finally, many residents tried to bring concerns to council about the proposed access road that is slated to be built from Oakley into the “urban village.” Mayor Charles Worley shut out all public comment on this issue, using what many called circular reasoning to rule out discussion of this crucial issue based on procedural rules. The mayor said that the issue could not be discussed at this hearing on the grounds that he had ruled that the evidence was inadmissable at the last public hearing. Worley’s insistence on this point, to the point of cutting off members of the public and city staff, prompted frustration from the crowd, including Fobes’ fiery outburst.

Opponents of the project say the fight is not over.

“Their victory is purely symbolic,” said David Roat, of Community Supported Development (CSD). “There are so many conditions placed on the permit that they cannot complete this project to city specifications.”

Roat mentioned the access road, calling it “mathematically impossible” to build the road according to city minimum standards. CSD and the Oakley and Beverly Hills neighborhood associations already need financial help to pay legal bills amassed thus far; however, they vow to continue to monitor the process closely, and to take legal action if necessary.