Horrific Conditions In Rutherford County Jail

I have repeatedly written about my concerns in the jail over the years. Since Sheriff Ellenburg ran on a promise of transparency I requested to be allowed to actually tour the dentition facility so I could give a first hand account of the conditions there.

He granted my request and I was allowed to tour the facility with another gentleman last week.

I knew what I had heard from interviewing previous inmates and their families but I was still not prepared for the conditions I saw, especially in the women’s section of the facility. I have sent a list of additional questions to the sheriff for clarification as I plan to do several informational articles about the jail.

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This article is mostly about the conditions in the women’s area. To say it horrified me is an understatement. It literally was all I could do to not cry as I toured it with the matron assigned to me. When she opened the door to the area the heat and humidity took my breath. It felt like walking into a suffocatingly oppressive steam room.

She explained to me that the ventilation ducts did not work and they had fans in the hallways trying to move air some. The women were crowded in the cells with many lying on their sleeping mats on the floor as there are not enough beds.

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Mold was everywhere. Many of the ceiling tiles were covered with it. The bars were rusting with multiple layers of paint peeling off of them. One of the inmates who had been there a while told me they had to paint the bars themselves in the past when officials knew someone was coming to tour.

She said the toilet was not flushing in her area and the other toilet in the main area was leaking on the bottom. They had put plastic bags around it to try to keep it off the mats they slept on.

The walls in the hallways were dripping wet when I touched them. The high upper windows allowed very little light into the area. I was told it was worse when it rained.

I asked if the inmates got to go outside and was told only when they had a court date. Some of these woman had been in there quite a long time awaiting trial. If someone is too poor to make bail they have to stay until their court date. This places a huge burden on the financially disadvantaged persons in our county.

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We went through a door to another area and the door had sanitary napkins stuck to it. I asked why I was told that the door slammed shut so hard and stuck so they were placed there to pad it. Doorways had equipment blocking them. The matron actually had to move stuff out into another hallway to open a door for me to go through.

They did tell me they had hot water for showers now but that had not always been the case in the past. As I was leaving my heart broke when an older female inmate begged me to please do something to help them. I promised her I would try my best to let people know what the conditions were there.

I have watched many movies showing prisons and jails in third world countries. I never in a million years would have believed that our detention center/jail was worse when it came to housing women, but it in fact is.

As I stepped out into the men’s section the air became much cooler and less humid but I still felt like I needed a puff on my inhaler to keep breathing properly. I thought to myself that, inmates not withstanding, how in the world was this not a danger to the employees working in these areas?

It is a fact that heat breeds aggression, and mold affects breathing, which in turn affects thought processes. This area is a disaster waiting to happen. I wondered how many jail employees have respiratory problems.

This part of the jail was built in the 1970’s (fifty years ago) and was supposed to hold approx. 29 inmates, as that was the available number of beds. It averages 35 to 40 female inmates most of the time, which is why so many are now sleeping on mats on the floor.

I asked Sheriff Ellenburg if anything could be done to alleviate these conditions. He said they planed to fix the ventilation system and clean the rust and bars but they had to figure out where to house the women safely while this was happening.

This is a situation that has occurred through years of systemic neglect, not only by previous sheriffs, but by the County Commissioners. The Commissioners/County are responsible for funding, maintenance and upkeep of the Detention Center.

There are many other things that I will cover in further articles, but this situation is critical.

I do understand that all the Commissioners except Mr. Benfield have recently toured the facility at Sheriff Ellenburg’s request. What I don’t understand is why DA Ted Bell, his assistants, and the magistrates have not toured this area. They are the ones sending people here for extended periods of time. They should at least know what the conditions of living are that they are sentencing people to.

We as a community are better than this. It is inhumane of us to allow this to go on. Regardless of the crimes these women are charged with some have not been found guilty as of yet, but still must live in these horrific conditions. Some for extended times waiting for the district attorney to call their cases.

Our Commissioners need to do better. We have a new Sheriff that is trying to keep his campaign promises and make the Sheriff’s Office and Detention Center a better/safer place for everyone who comes through there as well as his employees. He can’t do it alone.

Call or contact your Commissioners about this issue. They have been there and know about it first hand. They need to address this. It is just not about the money. This is a human rights issue. No one in the United States should have to be imprisoned in these circumstances.

As I was begged to do while there…PLEASE HELP!

Contact your Commissioners to address this problem NOW via email by clicking here  (their email addresses are under their pictures on the page) or call and leave a message at 828-287-6060.

These women are neighbors, family, mothers, and daughters. As the Golden Rule says “Do unto others as you would have them do unto you.”

Again…PLEASE HELP.

 

State Awards $30M for Clean School Bus Replacements, Including 43 New Electric School Buses

Raleigh

“Republic” of Rutherford????

**Opinion**

10-21-22

I was looking a copy of our ballot today and it just made me sad. Where is everyone? Where are the Democrat candidates? Where are the Independent/Unaffiliated candidates? Why are there so many uncontested races in our county?

I know the demographics have shown that we are a Republican leaning county and have been for many years but does that equal to no one having a choice in the general elections?

Elections are supposed to be all about choice. All of our offices except the Sheriff and one school board member have been decided on by the Republican Party. Technically they were all voted in back in May of this past year.

That being said, why does it matter what party anyone represents in a local election? No duties of ANY local elected official have anything to do with making that type of policy. Why does it matter if they have a letter by their name on the ballot?

The judges used to be listed on the ballot without party by their name, as should be because are they not supposed to be an impartial groups of people who just look at the law in relation to court cases? Mike Hager in his short but memorable term in the Legislature pushed through to have the party recognized on the ballot. WHY????

All this does is cause discord among the voters. The party can support whom they will financially but saying that “your candidate” reflects only your values when he/she is running for a job to represent everyone’s values seems unnecessarily divisive. Again, NONE of these people make policy!

There will have to be a legislative act to take off the party affliction of local candidates for elected office but it should be. We as a nation, a state, and a county are dealing with so much division that having this, as an added way to divide is ridiculous.

Tony Roberson
Parker Tate

We have two unaffiliated candidates running, Tony Roberson for Sheriff and Parker Tate for School Board District 2. As an Unaffiliated voter myself (got tired of the “my way or the highway” attitude of both parties years ago) I commend them. They decided to run for office without the support of a political party. This means they had to get signatures to even get on the ballot and figure out financing by themselves. This is no small feat folks especially going against the very powerful and well-funded Republican Party here.

I am not endorsing either candidate but I am saying they cared enough to put in the sweat equity to run for office. What has happened to everyone else in this county? Do they just not care enough to try to make a difference?

There should never be an uncontested office on a ballot in this county. It doesn’t matter if you think the current people in office are doing a good enough job. There still should be a choice for the voters. Sometimes it is not about winning but showing that you care enough to try.

Jason Wease

Honestly I think the Democrats of this county should be ashamed that they found no one to run for office except Jason Wease and he actually is answering to a higher calling than them.  People need to wake up and get involved in local government. These people directly affect your daily lives and decide how your tax dollars are garnered and spent.

Times are going to get rough. A recession is coming soon and we will have people suffering mightily. Our people, our neighbors, our families will need everything we can dig up to help them. Get involved in how this need will be met. I would say be on a committee but those are hand picked here also. Go to meetings, and sign up to speak. Stand up, speak out, and be heard!

There is nothing we can do about this election now but think about the future. At least give the people a choice!

Hillbillyland: Myth & Reality of Appalachian Culture

An exhibit examining the myths and misconceptions behind the mountain “hillbilly” stereotype will open Saturday, Oct. 1, at the Mountain Gateway Museum & Heritage Center (MGM) in Old Fort.

“Hillbillyland: Myth & Reality of Appalachian Culture,” will run through May 7, 2023, at MGM, 24 Water Street, in Old Fort. It is on loan from the Western North Carolina Historical Association in Asheville.

The hillbilly stereotype is rooted deep in the history of the United States. It started in the 19th century with the Southwestern Humor Tales’ accounts of excess, violence, and “backwards” behavior related to moonshiners. National newspapers, such as “Harper’s,” perpetuated these stories and influenced how the nation saw Appalachian life.

Popular culture latched on to these stories and produced shows such as “Ma and Pa Kettle,” “Thunder Road,” “The Beverly Hillbillies,” and “Hee-Haw” to capitalize on the public’s oversimplified, and sometimes negative, view of Appalachian culture.

Mountain people sometimes fueled the stereotype, especially when it profited them. This included musicians acting like rubes for fans, residents catering to the tourist by acting like “real mountain people,” and artists playing “simple” to sell their products.

Hillbillyland explores how the hillbilly stereotype thrives in today’s popular culture. The power, prevalence, and persistence of the hillbilly stereotype are explored through photography, poetry, and short prose.

These writings and images are set inside the themes of religion, music, arts and crafts, moonshine, and isolation. Designed not to extol the hillbilly stereotype, these pieces seek to challenge and complicate them while encouraging the visitor to think about the reality, complexity, and nuances of mountain life.

Photographs in the exhibition include historical ones by Bayard Wooten, George Masa, and Doris Ulmann, and modern photographers Rob Amberg, Tim Barnwell, and Don Dudenbostel, as well as images from the University of North Carolina at Asheville’s Special Collections and other regional collections. Most of these photographers come from outside of the region and reflect the fascination with the region and the people who live in its deepest coves and hollows.

The poetry and prose in the exhibit were written by individuals with deep roots in Western North Carolina. They include the late Jim Wayne Miller, Fred Chappell, Robert Morgan, Michael McFee, Jane Hicks, Kathryn Stripling Byer, Ron Rash, and Wayne Caldwell.

For more information about Hillbillyland, contact Jesse Bricker at 828-668-9259 or jesse.bricker@ncdcr.gov or visit Mountain Gateway Museum’s website at www.mgmnc.org.
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About Mountain Gateway Museum
A regional branch of the North Carolina Museum of History in Raleigh, the Mountain Gateway Museum & Heritage Center (MGM) is the westernmost facility in the NC Department of Natural & Cultural Resources’ Division of State History Museums.

Nestled at the foot of the Blue Ridge Mountains along the banks of historic Mill Creek in downtown Old Fort (McDowell County), the museum uses artifacts, exhibitions, educational programs, living history demonstrations, and special events to teach people about the rich history and cultural heritage of the state’s mountain region, from its original inhabitants through early settlement and into the 20th century.

As part of its education outreach mission, MGM also assists nonprofit museums and historic sites in 38 western NC counties with exhibit development & fabrication, genealogical research, photography archives, traveling exhibitions, and consultations. For more information, visit the museum’s website at www.mgmnc.org or call 828-668-9259.

About the North Carolina Department of Natural and Cultural Resources
The N.C. Department of Natural and Cultural Resources (NCDNCR) is the state agency with a vision to be the leader in using the state’s natural and cultural resources to build the social, cultural, educational and economic future of North Carolina. NCDNCR’s mission is to improve the quality of life in our state by creating opportunities to experience excellence in the arts, history, libraries and nature in North Carolina by stimulating learning, inspiring creativity, preserving the state’s history, conserving the state’s natural heritage, encouraging recreation and cultural tourism, and promoting economic development.

NCDNCR includes 27 historic sites, seven history museums, two art museums, three science museums, three aquariums and Jennette’s Pier, 41 state parks and recreation areas, the N.C. Zoo, the N.C. Symphony Orchestra, the State Library, the State Archives, the N.C. Arts Council, the African American Heritage Commission, State Preservation Office and the Office of State Archaeology, and the Division of Land and Water Stewardship. For more information, please visit www.ncdcr.gov

Former LEO Jamie Dunn Loses Appeal for Assault On A Restrained Prisoner

Rutherford County Courthouse

9-21-22

Rutherfordton- What a day in the courthouse in Rutherfordton!  This almost sounds like the set up for a Lifetime movie.

Jamie Dunn

The Main Players:

Jamie Dunn, a former Sheriff’s deputy who was fired for assaulting a restrained prisoner in the jail, who now is associated with Independent Sheriff candidate Tony Robinson to be his Chief Deputy if elected.

Attorney Greg Newman was representing Jamie Dunn. Mr. Newman has been approved to work in Asheville and Buncombe County as a defense attorney for indigent clients.

Greg Newman

He is the former disgraced district attorney that Superior Court Judge Robert C. Ervin issued his order against on April 27, 2021 permanently removing the top criminal prosecutor for Henderson, Polk and Transylvania counties from his elected office, finding Newman engaged in “willful misconduct in office” and “conduct prejudicial to the administration of justice which brings the office into disrepute,” under N.C. General Statute 7A-66. Only the 3rd removal of a D.A. in NC history.

ADA Lacey Beam

The judge hearing the case was Judge Gould who was asked to hear this case.

The ADA for this trial was Lacey Beam.  She graduated from Charlotte School of Law and this is her first job as an attorney.

Assault victim Christian Eugene Hardin originally said in the first trial that on October 2020 several Sheriff’s deputies responded to a call involving domestic violence at his residence.  From the time the officers arrived until he was placed in the jail, Hardin described two incidents where several deputies allegedly assaulted him.

First, during the arrest, Hardin claimed that several officers pulled him out of the police vehicle due to his behavior and physically assaulted him by, among other things, slamming his head on the ground, and engaging in an altercation that left his ribs broken and wrists in pain.

Second, after being restrained in the jail, Hardin stated, “this rage went through me.  I started cussing at [Dunn], being very disrespectful.”  Although Hardin claimed that he could not remember any specific comments directed toward Dunn, he stated that Dunn suddenly struck him once on the right side of the face. (See video of incident below)

Mr. Hardin now says he has no memory of the event and personally did not want to press charges against Mr. Dunn but since he was in custody when the assault happened Sheriff Chris Francis did it.

SBI Agent Matthew Davis who did not show up to testify at this trial but was instrumental in the first one. During Agent Davis’ testimony in the first trial, he explained that there was considerable delay before the District Attorney requested that the SBI investigate. As a result, Hardin was not interviewed until approximately ten (10) days after the incident.

Once Agent Davis began his investigation, he explained that he reviewed video footage for the entire incident, including what occurred during the arrest and in the jail.  Dunn’s counsel asked whether Agent Davis had uncovered any additional misconduct in reviewing the video footage or otherwise.  Agent Davis responded that he had discovered no additional wrongdoing.  In fact, Agent Davis stated that he had not even interviewed the other officers that allegedly assaulted Hardin and broken his ribs.

When Dunn’s counsel asked why Davis had neither spoken with the other officers that Hardin claims assaulted him or looked at other possible incidents of misconduct, Davis testified that he was to look only at any potential wrongdoing “in the jail” and that he was specifically instructed “not to stray away from that.”

Now that you know the main players and have some background. This is how the trial went. This was a juried trial heard in Superior Court on September 20,2022 in Rutherford County.

It appeared to be a slam-dunk for the state since they had actual video of the incident. Officers stated on the stand that that Dunn had a history of control issues and had been disciplined in the past.  (sticks and stone may break my bones but words will never hurt me….remember that one?)

 

Tony Robertson

Dunn said that he had just suffered the loss of his mother but felt he had to go in that day “for his guys.” He said the victim made multiple remarks towards him and finally got explicit about his daughter. He then said he snapped and hit him. Mr. Dunn talked about his service and that he was a good officer. He implied that there might have been other reasons that he was fired because of this incident as no other officers were charged for the other assaults. (Mr. Dunn was supporting Tony Roberson who at that time was going to be running against Sheriff Chris Francis before he withdrew from the race)

ADA Beam asked one question of Mr. Dunn after his testimony. That question was “Was the defendant restrained when you struck him?” Mr. Dunn answered yes and she said no further questions.

In closing arguments Mr. Newman started instructing the jury on the issue of intent stating that intent meant you had to have ill will with intention to hurt the other person. The judge interrupted him at this point and took him back to chambers as he was totally misrepresenting the law. The judge then returned from chambers and instructed the jury that Mr. Newman was WRONG in his explanation of the law.

ADA Beam said Mr. Dunn was in area he was not supposed to be in and it was his decision to exchange insults, touch him then hit him.

The jury deliberated a very short time and returned with a guilty verdict against Mr. Dunn.

So many questions about this case still are circling around and we may never know the complete truth but you have got to admit, it is quite the story.

Governor Roy Cooper Comments on Judge Reinstating 20-Week Abortion Ban

Raleigh

Electric-Powered Boat Manufacturer Will Create 170 Jobs in McDowell County

Innovative Electric Boat Manufacturer Forza X1 to invest $10.5 million in Marion

Raleigh

Jul 28, 2022

Forza X1, Inc., the builder of an innovative line of electric-powered boats, will invest $10.5 million to establish a new manufacturing plant in McDowell County, Governor Roy Cooper announced today. The company will create 170 jobs in Marion.

“The strong momentum for our emphasis on the clean energy economy is putting money in the pockets of every day North Carolinians in both urban and rural areas like McDowell County,” said Governor Cooper. “While the number of electric cars is rapidly expanding, so will electric boats made by Forza X1 right here in our state.”

Forza X1 and its parent company Twin Vee PowerCats Co. are independent marine manufacturers headquartered in Fort Pierce, Florida. Forza X1 is developing an innovative line of recreational boats that will be environmentally friendly and powered by a proprietary electric outboard motor designed and integrated with the company’s own control system. The company plans to offer a combined boat and motor package, featuring lithium battery packs, that will provide families and water recreation enthusiasts an enjoyable time for an affordable price, while preserving ecological balance for the planet.

“Forza X1 is thrilled and honored to relocate our cutting-edge manufacturing and product development operation to McDowell County. Our marine electrification mission is significant and timely and will thrive in North Carolina’s outstanding business climate,” said Joseph Visconti, CEO of Forza X1. “The people of McDowell County and the state have been very supportive and wonderful to work with. We are looking forward to breaking ground on our state of the art manufacturing facility and hiring some outstanding local talent.”

Although wages for the new jobs will vary depending on position, the average salary will be $51,047, above the current average wage in McDowell County of $39,071. The state and local area will see an additional impact of more than $8 million each year from the new payroll.

“Innovative companies like Forza X1 expect to see innovation from the business locations they select,” said North Carolina Commerce Secretary Machelle Baker Sanders. “I’m pleased that the innovative workforce strategies in our First in Talent strategic plan are getting results and keeping the state ahead of our competitors.”

Forza X1’s project in North Carolina will be facilitated, in part, by a Job Development Investment Grant (JDIG) approved by the state’s Economic Investment Committee earlier today. Over the course of 12 years, the project is estimated to grow the state’s economy by $479.1 million. Using a formula that takes into account the new tax revenues generated by the new jobs, the agreement authorizes the potential reimbursement to the company of up to $1,367,100, spread over 12 years. Payments for all JDIGs only occur following performance verification by the departments of Commerce and Revenue that the company has met its incremental job creation and investment targets. JDIG projects result in positive net tax revenue to the state treasury, even after taking into consideration the grant’s reimbursement payments to a given company.

Because Forza X1 chose a site in McDowell County, classified by the state’s economic tier system as Tier 2, the company’s JDIG agreement also calls for moving $151,900 into the state’s Industrial Development Fund – Utility Account. The Utility Account helps rural communities across the state finance necessary infrastructure upgrades to attract future business.

“Forza X1, Inc. is bringing an especially unique and timely product to the market,” said N.C. Senator Ralph Hise. “Congratulations to this impressive and innovative company for expanding economic opportunity and jobs, in choosing to locate their new boat manufacturing facility in McDowell County and Marion.”

“Marion and McDowell County welcomes Forza X1 to our community. We are excited about their investment and commitment to new jobs and investment for our community.”, said N.C. Representative Dudley Greene. “I think the strong workforce and sense of community cooperation we offer here will work together to make sure Forza X1 enjoys much success in North Carolina.”

In addition to the North Carolina Department of Commerce and the Economic Development Partnership of N.C., other key partners on this project were the North Carolina General Assembly, the North Carolina Community College System, the GoldenLEAF Foundation, the Appalachian Regional Commission, Duke Energy, Dominion Energy, McDowell County, the City of Marion and the McDowell Economic Development Association.

NCDHHS Again Expands Eligibility for Monkeypox Vaccination, Encourages Steps to Reduce Spread

“Get Checked. Get Tested. Get Protected.”

Scammer Alert

Our office has received reports of scammers going door-to-door in neighborhoods, posing as maintenance workers or salespeople. Be aware of activity in your neighborhood and remain cautious. Don’t open the door if you don’t know the visitor, and if you’re concerned for your safety, please contact local law enforcement immediately.

Here are some other tips to keep in mind:

  • If you don’t know who’s knocking, don’t answer the door.
  • Don’t let anyone into your home who claims to be a maintenance worker unless you have scheduled an appointment or unless the employee has shown proper identification. You can also call the company directly to verify.
  • Don’t pay upfront for work being completed or goods being purchased.
  • Never share personal or financial information to unknown individuals without properly verifying their identity, credibility, and reason for needing that information.
  • Don’t feel pressured to hire someone or buy something. Scammers like to pressure you into making a quick decision so you can’t think it through or discuss with others. If you’re feeling stressed about deciding immediately, it’s a sign to pause.
  • Remember, in North Carolina the buyer has the right to cancel a home-solicitation sale three business days after the purchase. And in the event you pay up front for goods, buyers also have the right to cancel when goods are not received within 30 days.
  • If the sale feels too good to be true, it probably is. Don’t fall for it.

If you believe that you have been the victim of a scam, contact our office’s Consumer Protection Division at https://ncdoj.gov/file-a-complaint or 1-877-5-NO-SCAM.

Foothills Conservancy of North Carolina protects 385 acres on the Calton family farm in Rutherford County

MORGANTON, N.C. — On July 14, Foothills Conservancy of North Carolina helped the Calton Family permanently protect 385 acres of their family farm under an agricultural conservation easement, providing significant farmland preservation benefits in the Sunshine community of Rutherford County. With the completion of this project, the N.C. Agricultural Development & Farmland Preservation Trust Fund reached a milestone of more than 30,000 acres of preserved farmland across the state of North Carolina.

“Foothills Conservancy is very grateful to Ann and Javan Calton and their entire family for caring about their family farm and its legacy so much and desiring to place 385 acres under permanent agricultural conservation easement,” said Tom Kenney, land protection director at Foothills Conservancy. “It has been a great pleasure for me to work with them and get to know them over the past few years since Javan first contacted me about farmland preservation.”

Using competitive grant funds awarded by State of North Carolina and U.S. Department of Agriculture (USDA) programs, Foothills Conservancy purchased the conservation easement on the property from generational farm landowners Javan and Ann Calton, who share a goal of keeping the property as farmland in perpetuity. This historic beef and former dairy farm has been in operation for well over 120 years. Javan has worked the farm his entire life, taking over the primary responsibilities of the farm in 1965 after he and Ann married. Before that, his father and grandfather had both worked on the land, dating back to before 1900.

“We’ve owned this land for longer than I really know,” Javan Calton said. “My father, my grandfather, and all through the line. We’ve been able to add some extra acres to the farm, and we’ve all worked the farm in different ways. We want to keep the farm as a farm, and as a Calton farm. We’d like for it to stay in the Calton name.”

“The main thing is just to make sure that the farm stays a farm,” Ann said, noting that freedom from the possibility of losing the land to development gave the couple peace of mind. “The conservation easement ensures that the land can never be developed, that it won’t eventually become a housing development instead of a beautiful farm.”

This project was completed in partnership with the Farmland Preservation Division of the North Carolina Department of Agriculture and Consumer Services, which administers the Agricultural Development & Farmland Preservation Trust Fund, and has a goal of helping farms to remain as farms. Thanks to the Calton’s conservation efforts, and with the completion of this specific project, the division has protected over 30,000 acres of farmland across North Carolina. The work of Farmland Preservation goes beyond just the interests of those personally working the land, however. The benefits of keeping open land open can extend to everyone.

“We’re also able to link this piece, Farmland Preservation, into other conservation programs,” Evan Davis, Farmland Preservation Division director said. “I think folks in North Carolina are seeing the change in population growth. I think, day-to-day, they are seeing increases in traffic, new housing developments and things like that. Those are things that everyone can see,” Davis said. “It is important for us to continue this work because we help maintain the livelihoods of farmers and foresters, and we are able to maintain these types of green spaces.”

This project was also funded by a large grant from the USDA Natural Resources Conservation Service division’s Agricultural Conservation Easement Program. Moving forward, Foothills Conservancy will work together with the Calton family to steward the property, monitoring environmental quality, while the farm continues normal operations.

Foothills Conservancy of North Carolina is a nationally accredited regional land trust that inspires conservation in Western North Carolina by permanently protecting land and water for the benefit of people and all living things. A 501(c)(3) nonprofit, Foothills Conservancy has conserved more than 65,000 acres in its eight county service area: Alexander, Burke, Caldwell, Catawba, Cleveland, Lincoln, McDowell and Rutherford, in three major river basins: the Broad, Catawba and Yadkin. Information about Foothills Conservancy, including ways to support its work, can be found online at www.foothillsconservancy.org or by calling 828-437-9930.