Drain Blocked On
Private Property
By - Cal Carpenter
“Pisgah Forest has a drainage problem
caused by the blockage, with concrete, of the
storm sewer leading from the Barnette Ma
chine Shop, Post Office and McCall Grocery
Store, area. The concrete blockage is located
on private property back of Redmond Machine
Shop and the storm sewer up to the blockage
stands full of water at all times. During
heavy rains the road and surrounding area
is subject to flooding.
“Unless this condition is corrected, the
standing water will become stagnant resulting
in mosquito breeding, possible flooding of
private water supplies and septic tank systems,
and a possible health hazard.
“Any assistance you can give us in cor
recting this condition will be greatly apprec
iated.”
Thus a letter to T. M. Austell, District
Engineer, N. C. State Highway Division from
Jack S. McGinnis, R. S. Sanitarian, Transylvania
County Health Department. The letter was
written .Tune 29. 1970.
TRAFFIC HAZARD
Although not mentioned in the above
quoted letter, the deep water that stands on
the road in times of heavy rains is also a
traffic hazard. A recent traffic accident in
Transylvania county, in which two men were
killed when their vehicle unexpectedly hit
high water on the road, underlines this im
mediate hazard.
DRAIN BLOCKED
The problem at Pisgah Forest began,
according to Mr. McGinnis, some two years ago
when a complaint was lodged with him about
raw sewage emDtyihg into a drainage ditch in
the area. Mr. McGinnis’ investigated disclosed
a septic tank leaking into the surface drain. He
•ordered it corrected.
“This was corrected,” says Mr. McGin
nis. “But shortly after that, a property owner
blocked the drain with ready-mix concrete
where it begins crossing of his property.”
Discussion with the property owner has
shown an unwillingness to remove the block,
according to Mr. McGinnis.
MORE LETTERS
Another letter, substantially the same as
the first, was written to Mr. Austell on Octo
ber 21, 1970, three months later. It was sign
ed by Dr. John Folger, Jr., Health Director
of Transylvania County and Mr. McGinnis.
In a telephone answer to this letter, Mr.
Austell pointed out a dilemma. The blockage
of the drain is off the highway right-of-way and
therefore does not fall under the Highway De
partment’s authority.
Mr. Austell did, however, agree to refer
the matter to highway officials in Raleigh.
On Sept. 2, 1971, eleven months later, a
third letter was written. This time it was ad
dressed to Jack Murdock, Secondary Roads Of
ficer, N. C. State Highway Commission in Ral
eigh. It cited the continuing problem and ad
ded:
“ . . . over the past several months, the
road in the immediate area has at times been
covered completely and backing water onto
business and private property. This Depart
ment, (Health) and the Transylvania County
Commissioners have had complaints of private
septic tank systems not working properly, and
too, the possible danger of contaminating pri
vate water supplies. Too, during the summer
months the standing water becomes stagnant,
resulting in mosquito breeding . . .”
The letter was signed by Dr. Folger and
Mr. McGinnis.
Mr. Maurdock answered on Sept. 10, 1971:
“ ... I do not know exactly what the
Highway Commission can do in this situation
to help you since you state that the block
age is on private property. It would appear
that from a health standpoint that someone
would have grounds for court action by the
blocking of a natural drain.”
LEGAL ACTION
Mr. Murdock’s letter continued:
“By copy of this correspondence, I am
requesting that Transylvania County District
Engineer T. M. Austell inform this Depart
ment of the situation and of any solution that
can be attempted by the Highway Commission
to assist you. As you are probably aware,
the Highway Commission receives many,
many drainage complaints throughout the
State. The drainage along our State Main
tained roads is accomplished in such a way as
to follow the natural topography. Legally,
The Highway Commission could not place
Highway Commission equipment upon pri
vate property but if the surface water is cov
ering the State Maintained road in the area
at times, it wotfld appear that the Highway
Commission • may' have grounds for legal ac
tion.”
MATTER STANDS
Here the matter stands. It is a dilemma,
for where the traffic hazard is concerned,
it is the responsibility of the Highway De
partment; yet, where the potential health
hazard is concerned, it is a responsibility of the
health authorities.
“We are not trying to persecute anyone.
We just want to eliminate a potential health
hazard,” says Mr. McGinnis.
“I will contact you again as quickly as I
have received Mr. Austell’s report,” writes
Mr. Murdock.
WANT SOMETHING DONE
But the people who use the road through
Pisgah Forest and those who live in the area
want something done. They are understand
ing people — even sympathetic to the agencies’
problems. But they want to see something done
to correct this public hazard. And they want
it done soon.
at
MEADE FISHER'S
NOTICE TO CREDITORS
State of North Carolina
County of Transylvania
KNOW ALL PERSONS BY
THESE PRESENTS, that J. Ed
win Mims, Sr. of Brevard; North
Carolina, has purchased the
equipment, supplies and inven
tory of the partnership trading
and doing business as Mims A
Lyday of 100-102 North Broad
Street, Brevard, North Carolina,
owned by J. Edwin Mims, Sr.
and Charles William Lyday. All
creditors of the partnership
trading and doing business as
Mims A Lyday are hereby re
quested to submit their claims
tor payment of their claims to
J. Edwin Mims Sr. at 100 N.
Broad Street, Brevard, North
Carolina, where arrangement
tor payment will be made.
This the 19th day of October,
Charles William Lyday
Transferror
J. Edwin Mims. Sr.
Transferee
10/21/4tc
DRAINAGE PROBLEM IN PIS
GAH FOREST — The picture above
shows the road through Pisgah
Forest during the period of mod
erate rains in September. A storm
drain, blocked by a property owner
where it crosses his property,
causes the water to back up across
the road. Transylvania County
health authorities fear potential
health hazards. The state highway
authorities have been asked for help
with the problem because of the traf
fic hazard obvious from this photo.
(Times Staff Photo)
Clarion Editor Attends ACP Convention In Dallas
uuring iaii urea it, miKe
Jones, editor of The Clarion,
attended an Associated Col
legiate Press convention in
Dallas, Texas. This was a na
tional convention of advisers
and editors of college publica
tions. The convention was held
at the Statler - Hilton Hotel in
downtown Dallas, where Mike
stayed.
Television newscaster Harry
Reasoner was present at the
convention. Another eminent
visitor was Donald Rumsfeld,
the director of President Nix
on’s Phase II Economic Pro
gram, who was sent to Dallas
by the White House to address
the convention. This was his
only speaking engagement in
October, and his first since the
program was announced.
Learning sessions were held
lor two aays. ten ainereni
sessions were held every hour,
and each student could attend
whichever session he wished.
Most of the people who led
the sessions were top journal
ists of the country. Some were
led by student editors.
One of the nation’s top libel
lawyers was there. His main
topic concerned letters to the
editor. He said that the paper
FOR SALE
FOR SALE—) ream Olin
Waylite Paper (500
sheets) ideal for second
copies and Air Mail Let
ters. Special: $1.00. The
Transylvania Times.
%£-t£rii
m
is responsible tor ail letters
printed in it. Ii a letter is libel
ous. the writer of the letter, the
paper, and the school can be
sued, as well as any other in
volved parties.
An entertainment highlight
was a premiere showing of a
H— -1
l
Stanley n.ramer movie, men
the Beats and Children.”
The most unusual feature of
the convention was a "beer
test” sponsored by Delmar Pub
lishing Company. When Mika
was asked if he participated, hi
replied, “No comment!”
f
New Homes
Additions
Repairs
— also —
BARTON’S
Remodeling Co.
!
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CARPET INSTALLATIONS
BUS. 883-2825
HOME 885-2350
+—■
j 5 S. BROAD ST.
j BREVARD. N. C
--
•M
interest
ip*’
r
!
mm.
i
m.
This Issue is $5,000,000. It is the first
issue of an authorized $10,000,000
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amount above in multiples of $100
Interest: Payable December 1 and June 1
Sale of notes: These notes will be sold
directly by First-Citizens Bank & Trust
Company.
Date of issue: This issue is as of June 1,
1971.
Maturity: June 1,1995
Registration: All notes will be fully regis
tered as to principal and interest.
These notes do not represent deposits and
are not insured by the Federal Deposit
Insurance Corporation or by any other
government agency. Payment of these
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positors of the bank and of its other creditors
except those holding securities on a parity
with this note or expressly subordinated to
this note. In the event of insolvency or
liquidation of the bank these notes cannot
be paid until the claims of all depositors and
of all other creditors of the bank (with the
exceptions aforesaid) have been satisfied tat
full. These notes are unsecured and are
ineligible as collateral for a loan by First*
Citizens Bank & Trust Company.
' ' I ■ '