I’ve spent a lot of time in the last two weeks on a gravel road which leads to the US National Whitewater Center (USNWC).
The road is at the center of a complicated legal dispute that has delayed the center’s June 15 opening.
There are six families who live at the end of the one-lane, dead end road, and they claim the driveway is private property. Those families believe construction crews have been trespassing on their private land since construction began in March of 2005!
A few of the neighbors say they have been warning developers since construction began, but the people building the whitewater center believed they were using a public road.
There have been demands for a million dollars, a hearing before a judge and a few things said in the heat of the moment that have led to some hard feelings among some of the folks involved in this mess.
I normally have about two minutes to explain this dispute on TV, not nearly enough airtime to explain everything that is happening behind the scenes. So, to explain how this massive project ended up nearly landlocked, here is the history, according to neighbors along Hawfield Road and lawyers for the US National Whitewater Center:
February 2005- Asst. Charlotte City Attorney Catherine Williamson sends the USNWC an e-mail saying she believes Hawfield Road is public property and okay for construction crews to use.
March 2005- Trucks begin using Hawfield Road as the only entrance to the USNWC
Spring/Summer 2005- Neighbors along Hawfield Road host a series of meetings with the USNWC complaining of construction traffic and claiming the road is private.
March 2006- The USNWC asks Mecklenburg County Commissioners to allow construction of a second entrance on nearby Charlie Hipp Road. Homeowners on Charlie Hipp Road protest and the USNWC withdraws its request.
April 2006- Hawfield Road neighbors begin consulting with attorneys, attempting to bring legal action against the USNWC for using Hawfield Road
May 2006- Hawfield Road neighbors ask for a $1,000,000 settlement from the USNWC to use Hawfield Road. The USNWC offers to pay $8500 to use the road for 60 days. The neighbors then ask for $12,000 for the first month and $15,000 each additional month for the use of Hawfield Road. Neighbors say they later withdrew that offer because they feared opening the road would allow unlimited use for all construction crews, including workers who might build a subdivision of homes planned for the area.
May 23, 2006- Hawfield Road neighbors install a metal gate, preparing to block construction traffic from using Hawfield Road.
May 30, 2006- Hawfield Road neighbors close the metal gate and set up chairs, blocking all construction trucks from entering the worksite. All construction stops at the USNWC.
May 31, 2006- Charlotte’s Senior Deputy City Attorney Mike Boyd tells the USNWC that he believes the gravel portion of Hawfield Road is private, reversing the February 2005 memo from Asst. City Attorney Catherine Williamson.
June 1, 2006- The USNWC takes Hawfield Road neighbors to Mecklenburg County Superior Court, asking for a temporary restraining order to reopen the road. The neighbors agree to open the gate for 10 days. The USNWC agrees to create gravel speed bumps and post flag men to direct construction traffic. The USNWC also agrees to spray water on the gravel drive four times a day to prevent dust clouds from surrounding neighboring homes.
June 7, 1006- 6NEWS learns the 10-day agreement could be extended for up to 60 days, potentially leaving Hawfield Road open to construction crews until August.
I know this leaves lots of questions. Here are the FAQ from viewers:
How the USNWC could build a $32-million project with no entrance?
To be fair, several things have not happened as planners of the USNWC had expected. Crosland Inc. is expected to build a large subdivision on land next to the whitewater center, and the subdivision will include a parkway from Belmeade Road to the USNWC. However, Crosland Inc. has not moved as quickly as the USNWC had hoped, and the parkway (slated to be the center’s main entrance) is not expected to open until March 2007. That leaves Hawfield Road as the only entrance to the center, and the USNWC was caught off guard by the city’s recent decision that Hawfield Road is private.
Why did the Hawfield Road neighbors wait until the USNWC is nearly ready to open to block the road?
The neighbors say they needed time to research their legal argument, and did not make their move without careful consideration. They found a 1976 city easement. It’s a document which granted Charlotte-Mecklenburg Utilities the right to use Hawfield Road in order to access a sewage pump station. The neighbors were waiting for a legal interpretation of that document before closing the road. If a judge were to later rule the road is public, neighbors could be held responsible for the costs of lost construction time. No one has been willing to say how much money was lost in the four days the neighbors blocked the road, but tens of thousands of dollars is a fair estimate.
When will the USNWC open?
The center should be open to the public by the first week in July, barring more unexpected delays (and those are not out of the question). The artificial river is actually expected to be ready to use by June 15, and a few of the center’s employees have been splashing around in their own kayaks this week. The center needs to pass several city and county inspections before visitors can begin riding the rapids.
How will I get to the USNWC?
That question is still unanswered. The USNWC is hoping to reach a settlement with neighbors on Hawfield Road to allow visitors to use the gravel drive until a more permanent solution can be found. At the same time, The USNWC will ask Mecklenburg County Commissioners for permission to build another entrance off of nearby Charlie Hipp Road. You can expect to see another fight along Charlie Hipp Road, as those neighbors have hired their own attorney. Commissioners will hold a hearing on the Charlie Hipp entrance at their public police meeting on Tuesday, June 16. If approved, the entrance would require the construction of a ¼ mile-long road. Engineers have told me the road could be ready to use in about 60 days.
What about the people who have reservations at the USNWC?
Marketing Director Lance Kinerk tells me he has not booked any large groups before August. I have received e-mails from several outdoor groups, including the American Canoe Association. The ACA is planning on holding a competition at the USNWC in August. I think they will be OK. Another group of kayakers from New York is delaying a visit they had planned for Fourth of July weekend.
Everyone I talk with, even the neighbors fighting the park entrances, think this project is spectacular. The USNWC has lots of pictures of how things have come together on its website at www.usnwc.org I hope I can tell you about a resolution to the entrance dilemma in the coming days.
Wat does he state say about roads. Ithought that I had heard that ny oad with three or more residences on it became a state maintained road. Is that not the case? I think the white water center is a great addition to our city and I am ashamed of the residents trying to create havoc for the center instead of allowing them to finish the project and ask them to move forward in getting the development entrance opend as soon as possible. My philosophy hear is 'Can't we all just get along." I am ashamed of the reisdnets greed is asking for money. I feel they would be much better off in asking the center to just maintain the road and take resposibilty for their traffic. Just my two cents worth.
there was no way that park was going to be ready on the 15, if you really won't to see a screw up go to E. Blvd. 4 lanes down to 2, who comes up with these ideas, trust me i wonder sometimes.Mark go look at East Blvd, big story
Jonathan L. Hawfield :
After spending many days of my youth on Hawfield Rd. , I can attest that the portion of the private drive aka 'road' is indeed "PRIVATE". It has been such since before I was first able to ride a bicycle on it. I can also attest to the gates that adorn said 'road' proudly and silently guarding the residents "PRIVACY".
I stand with the residents. They have a distinct "RIGHT" to defend their "PRIVATE" property as they see fit. Don't complain when Charlotte decides to build a waterpark or some other government sponsored failure in your backyard if you disagree.
I offer the residents a solution that will serve to teach the liberal government plunder types. Build a toll booth at the entrance to your "PRIVATE" driveway aka 'road'.
Best Regards,
Jonathan L. Hawfield