Justice Discusses Possibility Of Special Session, Trout Stocking And Secretary’s Traffic Stop

Gov. Jim Justice said he is open to a special legislative session later this year to address the state budget. 

Gov. Jim Justice said he is open to a special legislative session later this year to address the state budget. 

Last week, legislators were notified of a potential $465 million federal “clawback” of COVID-19 era funding regarding the state’s spending on education. Legislators like the House Finance Committee chairman, Vernon Criss, R-Wood, said the late notice has required adjustments and delays to the state’s proposed budget.

At his regular briefing Wednesday, Justice was open to the idea of a May session to address further funding but was confident that lawmakers could pass a base budget before the close of session Saturday.

“I think I know where we’re gonna stand,” he said. “We want to encourage the Senate in regard to our pay raises and our tax cuts that we have in, helping the hungry and those things that are already kind of built into my budget and everything. But as far as our one-time spending and so on like that if we want to, if we want to come back in May and try to hash that out you know I guess it’d be fine.”

Justice said Superintendent Michele Blatt has been working on the clawback issue, as has his chief of staff, and he does not believe a clawback will happen.

“We have absolutely had discussion after discussion after discussion,” he said. “We are absolute believers that absolutely the education fed folks are not going to claw back on us at all in regard to this. But let’s just see how it all plays out and everything.”

Fish Stocking 

Justice also announced an agreement had been reached with the federal government to allow the state’s trout stocking program to continue. The U.S Fish and Wildlife Service had removed certain waters from the trout stocking schedule due to concerns about endangered species.

As part of the agreement, West Virginia University will study trout feeding habits in an effort to protect the endangered candy darter, Guyandotte River crayfish and Big Sandy crayfish.

“At the end of the day, we don’t want to endanger any endangered species,” Justice said. “We don’t want to do anything that’s going to harm our environment in any way. We just want to do the right stuff.”

The agreement between the state Department of Natural Resources and Fish and Wildlife allows stocking to resume in four streams in four southern West Virginia counties. The stockings will now take place in May in Greenbrier, Nicholas, Wyoming and Mercer counties.

Update To Secretary Wriston’s Traffic Stop 

For the third week in a row, Justice also addressed the traffic stop of West Virginia Department of Transportation Secretary Jimmy Wriston by Charleston Police in February. 

“I just don’t get all this stuff but we have every reason to believe now that Jimmy Wriston was just set up,” Justice said. “That’s all there is to it. And from our standpoint, we’re waiting. We’re waiting on the Charleston Police Department and Kanawha County prosecutor to bring us a lot more information in regard to that.”

Wriston was not charged or cited at the time of the stop. A release from the Charleston Police the following day stated an investigation was underway, and a later update said “the person who contacted Metro Communications to report erratic driving by the vehicle involved in this incident was not a WV State Trooper.”

A later update stated that, “CPD officers were not able to find probable cause to arrest Mr. Wriston based on the fact that Mr. Wriston passed two field sobriety tests that were conducted.”

The update does note that an “odor of alcohol” was indicated by a preliminary breath test, “however, CPD Officers on the scene believed that the test was inconclusive and inconsistent with other tests being performed that Mr. Wriston passed.”

The Charleston Police Department has opened a criminal investigation into the person who called 911 to report the erratic driving “to determine if the information they provided CPD Officers was accurate and truthful.”

The Gatlinburg Fire Of 2016, Inside Appalachia

This week on Inside Appalachia, a wildfire in 2016 escaped the Great Smoky Mountains National Park. It killed 14 people, injured dozens more and destroyed parts of Gatlinburg and Pigeon Forge. We talk with an investigative journalist who has new information on the incident. Also, four decades ago rice seeds from Laos crossed the ocean to California and made their way to a family of Hmong farmers in North Carolina. And the Appalachian trail has been exhaustively hiked, explored and written about, but it’s still got a few secrets left.

In 2016, a wildfire escaped the Great Smoky Mountains National Park. It killed 14 people, injured dozens more and destroyed parts of Gatlinburg and Pigeon Forge. We talk with an investigative journalist who has new information on the incident.

Also, four decades ago rice seeds from Laos crossed the ocean to California and made their way to a family of Hmong farmers in North Carolina.

And the Appalachian trail has been exhaustively hiked, explored and written about, but it’s still got a few secrets left.

You’ll hear these stories and more this week, Inside Appalachia.

In This Episode:


Investigating The Gatlinburg Fire Of 2016

In 2016, a wildfire at Chimney Tops in Great Smoky Mountains National Park in Tennessee spread beyond the park boundaries into the nearby tourist towns of Gatlinburg and Pigeon Forge. At least 14 people were killed. Many more were injured and thousands of residents and tourists had to be evacuated. 

A new investigation revealed that National Park Service officials underestimated the severity of the wildfire and were slow to alert Tennessee officials about the danger.

Tyler Whetstone, an investigative reporter, spoke with Mason Adams about his reporting.

The Sweet Sticky Rice Of Western North Carolina

Tou Lee holds sweet sticky rice stalks in his rice field in Morganton, North Carolina.

Credit: Rachel Moore/West Virginia Public Broadcasting

When you think of rice, you might not think of Western North Carolina. But the area is home to several varieties of heirloom rice that made their way here from Laos nearly five decades ago. The rice was carried and cultivated by Hmong refugees.

One family now sells their rice at markets and to restaurants, and they’ve built a passionate following.

Folkways Reporter Rachel Moore has this story.

Save The Salamanders!

The West Virginia spring salamander.

Credit: U.S. Geological Survey

Have you ever heard of a West Virginia spring salamander? They’re a species found in the General Davis Cave in Greenbrier County, West Virginia, but there are only a few hundred left. 

The U.S. Fish and Wildlife Service wants to put the West Virginia spring salamander on the endangered species list.

WVPB’s Curtis Tate spoke with Will Harlan, a senior scientist at the Center for Biological Diversity.

An Appalachian Trail Mystery

The Appalachian Trail was completed in 1927. For 25 years, hikers took to the trail and traveled along the mountains from Georgia to Maine, but then the trail was moved. And the old trail was nearly forgotten. 

Historian and podcaster Mills Kelly discovered the lost trail and wrote about it in his new book, Virginia’s Lost Appalachian Trail.

WMRA’s Chris Boros speaks to Kelly about rediscovering the trail. 

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Our theme music is by Matt Jackfert. Other music this week was provided by David Mayfield, Chris Knight, John Blissard, John Inghram, Eric Vincent Huey and Steve Earle.

Bill Lynch is our producer. Zander Aloi is our associate producer. Our executive producer is Eric Douglas. Kelley Libby is our editor. Our audio mixer is Patrick Stephens.

You can send us an email: InsideAppalachia@wvpublic.org.

You can find us on Instagram, Threads and Twitter @InAppalachia. Or here on Facebook.

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Inside Appalachia is a production of West Virginia Public Broadcasting.

In Appalachia, ‘Salamander Capital Of The World,’ Species Face Threats

Curtis Tate spoke with Will Harlan, a senior scientist at the Center for Biological Diversity, about the threatened salamander.

The U.S. Fish and Wildlife Service has proposed to list the West Virginia spring salamander on the endangered species list. Curtis Tate spoke with Will Harlan, a senior scientist at the Center for Biological Diversity, about the threatened salamander.

This interview has been edited for length and clarity.

Tate: Your organization says there are fewer than 300 spring salamanders left, all of them in Greenbrier County. 

Harlan: Yes, and that’s, that’s a generous estimate. They only exist in this single cave system with this single stream flowing through it. And despite the critical habitat protections that this new listing will provide, they only provide to the subsurface habitat of this species. Above it is all private land. And unfortunately, there is logging and pond construction that will threaten this stream, and its habit and in the underground habitat. So still, the species will still face some threats, even with this protection.

Tate: What can be done about it? Is a conservation easement possible?

Harlan: So there are certainly some steps that can be taken. And it’s still early. This is just the proposed rule, then the final rule has to be issued. And then there’ll be more specifics that follow, hopefully. The listing will encourage the private landowner to work with the Fish and Wildlife Service, the private landowners surrounding this habitat, to adopt habitat conservation plans that will mitigate the impacts to the species. Essentially what happens is, private landowners are asked to voluntarily take mitigation measures to reduce their impact to the species. Now, ultimately, Fish and Wildlife Service can be more strong-armed, but they prefer to work with landowners to try to come up with voluntary measures to reduce their impact on endangered species.

Tate: How does the spring salamander rank among endangered species?

Harlan: I would say this is one of the more endangered species in the country. With such a small population and only a single location remaining, it is incredibly vulnerable to extinction. And with no public lands surrounding it, it’s essentially dependent on private landowners to do the right thing at this point. And that makes it an incredibly precarious position. So I would say this is among the most endangered species in the country. Thankfully, Fish and Wildlife Service has stepped in. And provided not just endangered species status, but also critical habitat, which ensures that its essential habitat is permanently protected, and every possible measure is taken to ensure that upstream impacts are minimized. So it now has a fighting chance.

Tate: Why is it down to the one cave system? Is it possible to reintroduce it somewhere else?

Harlan: West Virginia and Virginia have some unique geography. They have these cave systems, there’s limestone, there’s karst, there’s different geologic formations. But there are numerous caves in the region. And a lot of them are connected through underground water systems. It’s possible, and likely that the West Virginia spring salamander existed in many caves throughout the region. But they’re incredibly sensitive to sedimentation and runoff. The streams are essentially their sole source of food. These salamanders are blind as adults, so they can’t look for their food, they have to wait for the food to come to them through these underground streams in their caves. And if those streams are loaded with sediment, if they’re clogged with silt, from logging, from development, from a number of human impacts, they’re not going to find food, they’re not going to survive. So likely, over many generations, they’ve been whittled down to the single population hanging on in this one remaining cave. They could be introduced into other caves, potentially, but that would take some careful scientific research to make sure that other species would not be negatively affected in those caves, including other rare salamanders. So it’s possible to reintroduce them, but I think we’d have to do some more research first.

Tate: Are other types of salamanders facing the same threats?

Harlan: Unfortunately, yes, they’re facing many of the same threats. But salamanders occupy a wide variety of niches, a wide variety of habitats. So some salamanders face different threats than others, but they all face some common themes in terms of threats. I think industrial logging, industrial mining, dams and developments, dilution of water quality, water pollution, I think are kind of some of the common threads. But I mentioned some other salamanders in West Virginia that are also on the brink, that we’re also awaiting a listing decision for could come any day. We were told it was supposed to come this month, so it could be within the next week. 

The yellow spotted woodland salamander, almost a completely different habitat than the cave salamander, but some similar overlap too. So this salamander only exists in the shale and sandstone outcrops that are also targeted by mountaintop removal mining. So this salamander hides in the crevices of these outcrops; there’s only 21 populations left. Most of them are only a couple of a single or a couple individuals; only 65 of the salamanders have been seen in the last 20 years. So they’re barely hanging on. And mountaintop removal mining is targeting the same habitat where they live. So that’s an existential threat to this species.

But there’s also the Cheat Mountain salamander which only exists in the Cheat Mountain region of West Virginia. And these salamanders don’t have lungs, and they hide on the forest floor. Essentially, they need moist, cool damp habitats. And if those forests are logged, or drought, or other factors dry out their habitat, they’re toast. So they need these cool, moist habitats that Appalachia has historically provided all of our water, the number of rivers and streams flowing through the region and the dense canopies historically have provided perfect habitat for salamanders. This is the salamander capital of the world. Appalachia is home to more species of salamander than anywhere else on the planet. But because of what we’re doing to that habitat, we’re jeopardizing a lot of these species.

Division Of Highways To Consider Alternative Route For Corridor H

The West Virginia Division of Highways will take a second look at a northern route for a 10-mile section of Corridor H from Davis to Parsons.

The current WVDOH preferred route splits the towns of Davis and Thomas and crosses the Blackwater Canyon.

Community activists say the northern route avoids those impacts. Additionally, the southern route crosses what’s believed to be the habitat of the endangered Northern Long-Eared Bat.

A Supplemental Environmental Impact Statement for the project is due later this year. Construction is scheduled to begin next year at a projected cost of $467 million.

Corridor H is one of the biggest highway projects in the state. Most of it is complete.

In addition to the portion from Davis to Parsons, a 7-mile section from Wardensville to the Virginia state line has yet to begin construction.

Transportation Secretary Jimmy Wriston had said previously that the state would not consider routing the highway north of Thomas.

U.S. Proposes To List Freshwater Mussel Native To State As Endangered

The agency’s review found that the salamander mussel is under threat from changes in water flow, landscape alterations, invasive species and risk to its host species, the mudpuppy.

The U.S. Fish and Wildlife Service is proposing to list a freshwater mussel that lives in West Virginia rivers as endangered.

The salamander mussel is a small, thin-shelled mussel that inhabits fast flowing rivers and streams. It can be found in 14 states and the Canadian province of Ontario.

According to the agency, freshwater mussels are both an indication of stream health and help clean the water. About 65 percent of North American freshwater mussel species are at risk.

The agency’s review found that the salamander mussel is under threat from changes in water flow, landscape alterations, invasive species and risk to its host species, the mudpuppy.

The mudpuppy is an aquatic salamander that lives in the same habitat. The mussel’s larvae develop in the salamander’s gills.

The agency will propose more than 2,000 miles of river as critical habitat for the mussel. In West Virginia, those include the Little Kanawha River and several other streams that feed the Ohio River.

The agency will accept public comment on the proposed designation through Oct. 28.

U.S. Appeals Court Blocks Mountain Valley Pipeline Again

Congress expedited approval of all the pipeline’s outstanding permits in the debt ceiling deal lawmakers approved last month, but environmental groups and landowners again asked the Fourth Circuit to intervene.

Construction on a controversial natural gas pipeline is on hold again, and it’s the second legal setback for the project in as many days.

The Fourth U.S. Circuit Court of Appeals on Tuesday halted construction on the Mountain Valley Pipeline in West Virginia and Virginia.

The appeals court for the third time rejected the U.S. Fish and Wildlife Service’s analysis of the pipeline’s impact on endangered species, including the candy darter, a nearly extinct fish.

The ruling comes a day after the same court blocked the U.S. Forest Service’s approval for construction on a three-mile portion of the 300-mile pipeline through the Jefferson National Forest.

Congress expedited approval of all the pipeline’s outstanding permits in the debt ceiling deal lawmakers approved last month, but environmental groups and landowners again asked the Fourth Circuit to intervene.

Opponents have expressed concerns about the safety of the pipeline and its impact on streams.

U.S. Sen. Joe Manchin, D-West Virginia, one of the project’s biggest backers, called the new ruling “unlawful.”

“The law passed by Congress and signed by the president is clear,” Manchin said in a statement. “The 4th Circuit no longer has jurisdiction over Mountain Valley Pipeline’s construction permits.”

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