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Enormous — and controversial — I-26 bridge over Patton Avenue, nixed years ago, is quietly revived in Connector plan • Asheville Watchdog

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1 month ago

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avlwatchdog.org – JACK EVANS and JOHN BOYLE – 2025-02-14 15:42:00

As it inches toward its billion-dollar I-26 Connector project, the North Carolina Department of Transportation has trumpeted its efforts to keep costs down, including $125 million in cuts it announced this week. But until now, it has not acknowledged a key measure in the tightening of the project’s budget: the revival of a controversial plan for an eight-lane interstate overpass that would cast its shadow on Patton Avenue in West Asheville.

The return of that idea, originally debated and killed in the late 2000s, is among the most significant changes to the I-26 Connector designs that have been available to the public since late 2018. Those plans called for the highway to go under Patton, not above it.

The transportation department approved the overpass concept more than a year ago, in July 2023, it said Friday. Until asked this week by Asheville Watchdog, state and city officials had not publicly acknowledged the flyover.

Designs and a rendering showing the bridge were included in an NCDOT presentation to Asheville City Council on Tuesday. Though the overpass went unremarked upon by city and state officials, the images shocked Joe Minicozzi, a certified city planner and the principal of the Urban3 planning group in Asheville. 

Minicozzi worked with the city and the NCDOT on the project during his tenure as chairperson of the Asheville Design Center, a nonprofit that helped develop key designs for the long-gestating Connector project. He recalled the backlash when the flyover bridge was first proposed in 2008. He thought the idea was dead.

Critics of the I-26 Connector project design wanted the connector to pass under Patton Avenue on the west side of the Captain Jeff Bowen Bridge, shown in the background. // Photo by Jack Evans.

The overpass pitch, Minicozzi recalled, brought objections from numerous stakeholders. He saw the proposed structure — “an aircraft carrier of asphalt,” as he described it — as an eyesore, an impediment to development along one of the city’s crucial arteries, and a possible environmental hazard.

Minicozzi and others involved in the design process criticized the lack of transparency around the return of the plan for the bridge, which would cross near a former FedEx site at 628 Patton Ave. He said the change raises questions about whether the NCDOT has made other alterations outside the public eye and about the validity of the state’s environmental impact statement.

“I get it,” he said. “They’re throwing the highway over top of Patton Avenue because it’s easier to do. … They get to save maybe six months of construction time. Meanwhile, all the rest of us get to live with this for 100 years.”

$1.15 billion winning bid included flyover plan

Archer-Wright Joint Venture, the contractor that would ultimately win the bid for the Connector project, first proposed reviving the overpass as part of a pre-bid process in June 2023. The NCDOT signed off on the idea the following month, said Nathan Moneyham, the construction engineer for the NCDOT division that covers Buncombe and six other counties. 

Archer-Wright included the concept in the $1.15 billion bid it submitted last year. Though the bid was docked points for conflicting with the state’s plan for the highway to go under Patton, the NCDOT said, it also made the project substantially cheaper — the reason Archer-Wright won the bid last May, after two other bids came in hundreds of millions of dollars over budget.

The transportation department said it believes that its environmental impact statement — a federally required part of the process that it finished in 2020, under the old design — still applies because the bridge remains within the scope of the impact study. And without the flyover, the agency said, “the project would have not been awarded and the Department would have had to delay the project indefinitely.”

Going over Patton eliminates the need to move buried utilities, said Tim Anderson, the district engineer for the NCDOT’s division over Buncombe. It also allows the agency to lower the height of other bridges in the project. And with cost considerations, he said, the flyover plan was “the only viable option” to keep the Connector, which has been in the works since 1989, on schedule to open in 2031. It also saves taxpayer dollars, Anderson said, another key consideration.

Return to flyover bridge remained out of view

But that change stayed out of public view. The Archer-Wright proposal wasn’t a public record under state law until it won the bid last May, and even with the NCDOT touting its latest budget reduction after months of cost-cutting work, the agency hasn’t published the contractor’s plan. Instead, its website still shows the 2018 designs that have the highway cutting under Patton.

The Watchdog reached out to Archer-Wright for comment but did not hear back by deadline.

Moneyham said in an email that the NCDOT delayed publishing the proposal while it went through the cost-cutting process. The Archer-Wright pitch is a public record, he acknowledged, but he said the agency couldn’t provide it until after the deadline for this story.

Minicozzi, who has followed the Connector project closely for more than 15 years, has never seen Archer-Wright’s proposal, he said.

Nor has State Sen. Julie Mayfield, D-Buncombe, who before being elected to the General Assembly was involved in the project for years as an Asheville City Council member and co-director of the environmental nonprofit MountainTrue. Mayfield is now a senior policy advisor at MountainTrue. 

Mayfield said she learned of the flyover’s reemergence only during the cost-cutting effort that Archer-Wright and the NCDOT undertook after the bid selection. That process was done “outside the public eye,” she said, with some input from city officials but no open meetings. 

Sen. Julie Mayfield, D-Buncombe, said she learned of the flyover’s reemergence only during the cost-cutting effort that Archer-Wright and the NCDOT undertook after the bid selection. That process was done “outside the public eye,” she said. // Photo credit: North Carolina General Assembly

“We never talked about the flyover piece, the overpass, because that has been settled for over a decade,” Mayfield said, referring to earlier meetings last year with NCDOT. “So that was not on anybody’s radar screens — that there was even a possibility of changing.”

In response to The Watchdog’s questions, city spokesperson Kim Miller deferred to the NCDOT, saying the design change “was part of the confidential design negotiations” between the agency and Archer-Wright.

In an email Wednesday to planners and architects who fought against the original flyover proposal, Mayfield criticized the lack of transparency by the NCDOT. Those who fought the idea decades ago, she acknowledged, will see its revival as “a betrayal.”

She also pointed to some victories in the cost-cutting process, including the elimination of a 20-foot wall near the Hillcrest public housing development that would have put those residents “in a hole.” 

Mayfield later said she believes the NCDOT is correct that its environmental impact statement will remain valid with the flyover bridge change because “it doesn’t change the footprint or boundaries of the project.”

In her email, Mayfield said she viewed the flyover bridge change as a pragmatic concession.

“I look at it with a little more distance, and if this one (albeit big) regressive change was something that needed to happen for the overall project and its benefits to move forward, which is how it was presented, that didn’t seem like a fatal trade off,” she wrote.

City, county and design center originally pushed back at overpass idea

 A consultant working with the state on the project first floated the overpass idea in 2008, and the NCDOT embraced it, public records show. But the city, Buncombe County, and the Asheville Design Center pushed back, arguing that the flyover would hamper the development of Patton as a pedestrian- and cyclist-friendly gateway between downtown and West Asheville.

They won, or so it seemed at the time.

In 2009, an NCDOT representative said the agency could build the interstate under Patton at no extra cost — and that doing so may in fact save money. The next year, the Design Center announced that it had landed on a revised plan with local and state officials that meant the “previous over-Patton design is no longer considered an alternative.” A Design Center report in February 2010 pegged the savings of running the interstate under Patton rather than over it at $13 million. (Moneyham said in an email Friday that “the significant cost to relocate utilities and phase construction were significantly more than previously estimated.”)

The I-26 flyover would cross over Patton Avenue in this general area. // Watchdog photo by Jack Evans

Chris Joyell, who became the Design Center’s director in 2009, said it “went to the mat” in opposition to the flyover bridge in 2008. When the NCDOT agreed to take I-26 under Patton Avenue, the center “saw it as a huge victory,” he said. The Design Center became part of MountainTrue, where Joyell now works, in 2017.

Mayfield said that the NCDOT will eventually show the public its latest plans in a “sort of an open house type thing,” and she hopes the department will listen to how residents respond to changes.

But NCDOT spokesperson David Uchiyama said in an email that these will be strictly informational sessions, “not a reopening of the public involvement” that informed the 2018 designs and 2020 environmental study.

And in her email this week, Mayfield suggested that the NCDOT would not be dissuaded.

“We challenged them on this change and said the community would be very unhappy,” she wrote, “but there didn’t seem to be an option to go back.”

Joyell, like Mayfield, said he was pleased with some of the recent changes, particularly ones that limit the project’s effects on neighborhoods east of the river. While the picture west of the French Broad is hard to swallow, he said, the NCDOT attributing the lower budget to the flyover likely means it will stay in the design.

“If that’s the justification, it’s really hard to counter that, right?” Joyell said. “No one is going to say, ‘Oh no, delay the project further.’”

Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. Jack Evans is an investigative reporter who previously worked at the Tampa Bay Times. You can reach him via email at jevans@avlwatchdog.org. John Boyle has been covering Asheville and surrounding communities since the 20th century. You can reach him at (828) 337-0941, or via email at jboyle@avlwatchdog.org. The Watchdog’s local reporting during this crisis is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/.

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Griffin, attorneys retread familiar ground in latest court hearing

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14 hours ago

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March 21, 2025

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carolinapublicpress.org – Sarah Michels – 2025-03-21 17:29:00

As Griffin case drags on, some NC voters can’t help but feel ‘targeted’

by Sarah Michels, Carolina Public Press
March 21, 2025

RALEIGH — In less than 24 hours, Danielle Brown left an out-of-state bus tour, came home to North Carolina to cast a vote in the 2024 general election and then boarded a plane to rejoin the tour.  Now, her vote is one of nearly 67,000 ballots contested by Republican Court of Appeals Judge Jefferson Griffin as part of his attempt to overturn his apparent loss to Democratic Judge Allison Riggs for a seat on the state Supreme Court.

On Election Night, Griffin appeared to be the victor. However, as provisional and absentee ballots were counted, he slowly lost his lead. By the time election staff tallied official results during their canvasses, Riggs was up by a mere 734 votes. Two recounts confirmed Riggs’ win. 

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Griffin then filed a series of election protests attempting to discard tens of thousands of ballots from the count, on grounds that the State Board of Elections illegally allowed certain categories of voters to cast a ballot. In the past four months, Griffin’s election protests have journeyed through state and federal courts. 

On Friday, a panel of N.C. Court of Appeals judges heard the latest arguments and will decide whether a lower state court was right to affirm the State Board of Elections’ dismissal of Griffin’s protests. 

Attorneys for Griffin, Riggs and the State Board covered much of the same territory of the past few months. Their arguments centered on whether the election rules the board established for the 2024 general election were the correct ones, and if they weren’t, whether the law allows Griffin to retroactively remove votes from the count. 

Whatever the appellate court decides will be subject to appeal. The case will most likely return to the state Supreme Court, which previously paused election certification until the case is resolved but declined to take it up early. 

What Griffin is disputing

Griffin is challenging ballots cast by three categories of voters.

First, he contests the ballots of over 60,000 people Griffin alleges were improperly registered to vote because they didn’t provide either a driver’s license or social security number under a faulty voter registration form. The State Board argues that voters who don’t have these numbers have to prove their identity at the polls, so their votes are valid. 

Second, Griffin seeks to remove votes of about 5,500 military and overseas voters who did not include a photo ID with their absentee ballots. He argues that the State Board misinterpreted state law by allowing this category of voters to skip voter ID requirements. 

Third, Griffin identified about 500 voters, who he calls “Never Residents,” who don’t live in North Carolina but claim inherited residency through a special state law provision. He argues that the state law violates the North Carolina Constitution’s residency requirements, and therefore, those votes should not count. 

‘Taking it very personally’

As the case continues, more voters and organizations are getting involved. Carolina Public Press spoke to several of them. 

Brown, a national co-field director for Black Voters Matter, found out that she was on the list through a text from an organization called Democracy NC. Her county board of elections told her they didn’t have her driver’s license on file, but she knows she did everything right. 

Black voters like Brown are twice as likely as white voters to be in the largest Griffin challenge. Other voters of color and younger voters also disproportionately appear on his protest lists, according to an analysis conducted by Western Carolina University political science professor Chris Cooper. 

“I’m taking it very personally because I do feel as if I am being targeted as a Black woman that works for a Black organization that seeks to empower voting across the country,” Brown said. “You’re making voters feel as if their vote does not count or they have to fight for their vote to count when that’s not democracy.” 

Latino voters faced hurdle after hurdle this election, said Veronica Aguilar of El Pueblo, an advocacy group for that community. 

The new voter ID law presents more of an obstacle for Latino voters and other voters of color than their white counterparts. Voter education tends to be in English, which may hinder the Latino community from staying updated on election rules. Also, many naturalized immigrants come from countries with different voting laws and election processes which may present a learning curve. 

Additionally, Aguilar claims that Latino voters experienced voter intimidation during the election, including a proliferation of “unnecessary” signs telling them that if they aren’t citizens, they can’t vote. U.S. citizenship is required to even register to vote, she said, so this was an effort to make naturalized citizens “question whether or not they could vote.” 

The fact that Latino voters disproportionately appear on the protest lists aligns with political rhetoric that immigrants “don’t belong” in the U.S., Aguilar said. 

“So even if it is not intentional, it is contributing to the narrative that Latino immigrants, naturalized citizens in this country aren’t allowed to participate in our processes and that their voices don’t count,” she said. 

Voters of color aren’t the only ones feeling targeted. 

Carrie Conley is a military spouse living in Italy. Last year, she requested her absentee ballot through the Guilford County Board of Elections just like she had done seven times before. 

Nobody ever asked for her to attach a photo ID to her absentee ballot because under the State Board’s interpretation, North Carolina law doesn’t require voter identification for military and overseas voters. 

Conley heard about the Griffin case on social media, found the list and discovered her name was on it. However, none of her fellow military spouses were on the list. She soon learned that ballots from only four Democratic-leaning counties — Durham, Forsyth, Buncombe and Guilford — were being challenged as part of the photo ID protest. 

“Why these four counties? Why now?” Conley asked. “It just makes me very upset that this is happening in my state.” 

From 1986 to 2013, Debra Blanton served as Cleveland County’s election director. She loved her job and what it meant to voters to know that their vote would be “sacred,” “safe” and “counted correctly.”

Griffin’s attempt to retroactively take away some North Carolinians’ votes “just really raised the hairs on the back of my neck,” Blanton said. 

Blanton is one of 42 former election directors who filed an amicus brief, or “friend of the court” argument, meant to offer courts additional insight. 

Election directors, current or former, rarely speak publicly on issues. They make a point of being professionally nonpartisan. But Blanton has never seen anyone try to retroactively remove voters from the rolls like this before. 

“It is foreign to me that anybody thinks they could attempt to do that,” she said. “There are rules in place, and the rules in place were in effect for this election.” 

By the rules?

What were the rules in place for the 2024 general election? 

That’s the question lawyers from Griffin, Riggs and the State Board of Elections’ teams tried to answer Friday for a panel of three N.C. Court of Appeals judges. 

Were they rules the State Board established for the election, based on their interpretation of state law and the North Carolina constitution? Or were their interpretations incorrect, deeming those rules invalid?  

Griffin lawyer Craig Schaeur argued in favor of the latter. The State Board can’t decide to conduct elections based on rules that violate state law and the North Carolina Constitution, he said. 

“To be clear, this case is not about changing laws after the election,” Schaeur said. “It’s a case about enforcing the laws that were already on the books before the election.” 

State Board lawyer Nick Brod disagreed. If the State Board’s interpretations were incorrect, there was plenty of opportunity to challenge them before the election, he argued. 

The state law allowing so-called “Never Residents” to inherit the residency of their parents in order to vote was passed unanimously in 2011 and has been enforced in over 40 elections since, he explained.

The photo ID exception for overseas and military voters has been in place for five elections, he added. And the voter registration form issue that may have led to missing drivers license and social security numbers on file is currently being litigated in a federal lawsuit to apply to future elections.

“From the voters’ perspective,” Brod said, “they did everything that they were asked to do in order to cast a ballot.” 

Judges Fred Gore, Toby Hampson and John Tyson will decide the case. Gore and Tyson are Republicans and Hampson is a Democrat. If the panel spits 2-1, then the case may be appealed to the state Supreme Court. 

This article first appeared on Carolina Public Press and is republished here under a Creative Commons license.

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Buncombe Democrats hold town hall to push back against ‘lightning speed’ cuts to federal programs  • Asheville Watchdog

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17 hours ago

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March 21, 2025

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avlwatchdog.org – TOM FIEDLER – 2025-03-21 14:46:00

For the second time in two weeks Kai Ryon joined hundreds of Buncombe County Democrats at a town-hall gathering to protest the Trump administration’s blitzkrieg attacks on federal programs.

Last week, Ryon was among the overflow crowd of protesters who jammed and surrounded the Ferguson Auditorium on Asheville’s A-B Tech campus to rain fury on Republican Rep. Chuck Edwards, who hosted the town hall despite warnings from GOP leaders that such meetings could turn ugly. 

It did exactly that, prompting the congressman to leave amid tight security as some in the crowd — the 32-year-old Ryon among them — shouted “save our democracy” and a chorus of f-bombs in his wake.

Ryon was back in the same auditorium Thursday night, this time in a much smaller and more restrained audience of Buncombe Democrats. There were no throngs of counter-protesters, no angry placards or banners, and mostly respectful silence as Democratic speakers detailed their efforts to mitigate the massive cuts in federal programs and staff through the state’s budget. 

Although these legislative actions may be worthy, Ryon said, they aren’t enough.

“I know I am not alone when I say that I’m frustrated, angry, shocked about what’s happening right now,” the lanky construction worker said when he was called on to speak from his seat near the back of the packed auditorium. 

Kai Ryon, who lives in Candler, spoke at the Buncombe County Democratic Party’s Town Hall March 20 at A-B Tech in Asheville. Ryon, a construction worker, galvanized the crowd with a call for the party to “show some teeth” in opposing what he called the Trump administration’s illegal cuts to federal programs. // Watchdog photo by Katie Shaw

“I’m trying to figure out a way to leverage my privilege to help those that are less privileged,” Ryon said. “I am through with civil-engagement protest and, frankly, I’m looking to see the Democratic Party show some teeth.” 

The audience erupted in cheers and applause, quieting only when Ryon continued to detail recent reprisals by the Trump administration on its policy critics. 

“My question to you guys,” he said, addressing the panel of state legislators, “is: How concerned are you moving forward as things get worse, and, what can we do in the meantime?”

The legislators — state Reps. Lindsey Prather, Brian Turner and Eric Ager, and state Sen. Julie Mayfield — each explained a variety of bills working their way through the Republican-controlled state General Assembly, and the work of the party’s legislative delegation in countering the federal cuts. 

“Show some teeth”

But it was Ryon’s demand for the Democrats to “show some teeth” that appeared to encapsulate the audience’s mood and trigger the loudest responses. 

Ager replied directly to Ryon’s appeal, though with a modest recommendation. “We are all in a place where we are really wondering how and what we can do,” he said. “This is a great start. Showing up at these things shows you pay attention and want to make a difference.”

Ager and his colleagues urged the audience to channel their anger into community networking by joining clubs, attending school board meetings, befriending “people who don’t hold the same political views,” or doing public-service volunteer work for nonprofits and other agencies experiencing or facing budget and staffing cuts under the Trump administration. 

Ager, a farmer and U.S. Navy veteran who represents District 114 south and east of Asheville,  also said that mass protests and individual outreach might persuade even incumbent Republicans to find “the courage to stand up” against the Trump administration and exercise the constitutional role of oversight and budgeting. 

Mayfield, an attorney who represents District 49 in the state Senate, urged Democrats to be willing to work with Edwards and the state’s Republican U.S. senators, Thom Tillis and Ted Budd, who have been instrumental in steering federal money into the region to assist in the recovery from Tropical Storm Helene. 

State Sen. Julie Mayfield (D-Duncombe, in white blouse, center) watches March 19 as North Carolina Gov. Josh Stein signs the Disaster Recovery Act of 2025 Part 1, which includes $524 million in total aid for western North Carolina following Tropical Storm Helene. Mayfield spoke March 20 at the Buncombe County Democratic Party’s Town Hall. // Photo courtesy Governor’s Press Office

A self-described “practical progressive,” Mayfield said that while many residents may be angry with the Republican administration, if they phone these three GOP lawmakers, they would do well by starting the conversation by expressing gratitude for their efforts in sending federal dollars to the region. 

“Then you can go ahead and fuss at them,” she said.

Prather also emphasized the value of direct involvement in countering the GOP’s policies. “Your Facebook screams and posting comments under [news media] articles doesn’t count,” she said. Among the actions people can take is to push back against bias and false information, to be willing to confront someone by saying, “that’s actually not true.”

“We all have to believe that truth still matters,” Prather, a former teacher who represents District 115 north and west of Asheville, continued. “If we don’t believe that, we’re absolutely lost.”

Change of mood

The Buncombe Democratic gathering was part of the party’s effort to build interest in advance of a protest rally planned for Pack Square in downtown Asheville on Sunday. 

The mood at Thursday’s town hall suggested that local Democrats are shifting their posture from one of stunned shock to calls for action. Ager told The Watchdog in an interview that he sensed this change in mood. 

“The Trump administration’s strategy has been to overwhelm their critics by throwing everything at them at once,” Ager said. “The Democratic Party has been pushed onto its back foot by these things. But I see that we’re getting off that back foot now and moving forward; we’re seeing things starting to change.”

One woman in the audience, identified only by her zip code, said she previously worked in programs supported by the U.S. Agency for International Development (USAID) combating the spread of COVID-19. 

“It was shocking to have an agency ended in 10 days, its website taken down and 13,100 projects cut with lighting speed,” she said. “The courts can’t even stay or keep up.”

Even if federal courts eventually rule against the Trump administration’s cuts, “the damage is done and the nonprofits doing the good, local work in the field for the poorest people, they’re gone.” 

The woman placed the blame for this on billionaire Trump backer Elon Musk, who contributed $288 million to the president’s campaign and is orchestrating the federal cuts as the nominal leader of the unofficial Department of Government Efficiency, or DOGE. 

She asked the legislative panel if anything can be done to stop or reverse Musk’s activities. “This is the dismantling of the federal government,” she said.

Mayfield, the sole lawyer on the panel, offered a blunt reply: “Almost everything he is doing is illegal, is unconstitutional, and there will be consequences for that.”

“We’re going to go through a messy, horrible time,” Mayfield said. “And then judges, I hope, will start throwing some people in jail.”

State Rep. Eric Ager (D-Buncombe, center) chats with constituents at a March 20 Democratic Party town hall called to discuss Tropical Storm Helene recovery efforts and efforts to mitigate GOP-ordered budget and staff cuts to federal agencies. // Watchdog photo by Katie Shaw

In an interview after the program, Ryon had a more measured response. “The Democratic Party is at a crossroads,” he said, adding that this was his reason for attending the meeting and speaking up. 

“Maybe it’s naive, but I would like to think that my being here maybe helps steer it in the right direction,” Ryon said.

Asheville Watchdog welcomes thoughtful reader comments on this story, which has been republished on our Facebook page. Please submit your comments there. 

Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. Tom Fiedler is a Pulitzer Prize-winning political reporter and dean emeritus from Boston University who lives in Asheville. Email him at tfiedler@avlwatchdog.org. The Watchdog’s reporting is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/.

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State appeals court hears challenge in unresolved race for NC Supreme Court seat

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18 hours ago

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March 21, 2025

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www.youtube.com – WRAL – 2025-03-21 13:08:22


SUMMARY: The state court of appeals heard arguments regarding an unresolved election for a North Carolina Supreme Court seat, involving Republican candidate Jefferson Griffin. Griffin is challenging over 60,000 votes, primarily from Democratic voters, asserting they should be disqualified due to missing information in the voter registration database. He lost the election to Democratic incumbent Allison Riggs by more than 700 votes after two recounts. The state elections board and a trial court have already ruled against Griffin’s claims. A decision from the appeals court is expected soon, and the losing party may appeal to the state supreme court.

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The race has been unresolved since November because Republican candidate Jefferson Griffin sued the North Carolina Board of …

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