DEQ-CFW_00070649

CPLock & Dam Legislation [Fwd: [Fwd: [Fwd: [Fwd: Proposed Leg...
V
Subject: CF Lock & Dam Legislation [Fwd: [Fwd: [Fwd: [Fwd: Proposed Legislation- Cape Fear River Locks &
Dams]]]]
From: jeff manning <[e-mail]>
Date: Thu, 26 Apr 2007 13:01:25 -0400
To: "[e-mail]" <[e-mail]>
FYI
Subject: [Fwd: [Fwd: [Fwd: Proposed Legislation- Cape Fear River Locks & Dams]]]
From: Alan Clark <[e-mail]>
Date: Thu, 26 Apr 2007 12:17:26 -0400
To: Paul Rawls <[e-mail]>
CC: Coleen Sullins <[e-mail]>, jeffmanning <[e-mail]>, Peter Caldwell
<[e-mail]>, Narayan Rajbhandari <[e-mail]>, Nora Deamer
<[e-mail]>, Darlene Kucken <[e-mail]>, Patricia Hughes
<Patricia. Hughes@ncmail. net>
FYI. Interesting proposal. Thanks Pat.
Alan
------- Original Message--------
Subject:[Fwd: [Fwd: Proposed Legislation- Cape Fear River Locks & Dams]]
Date:Thu, 26 Apr 2007 11:35:54 -0400
From:Patricia Hughes <Patricia.Hughes(�ncmail.net>
To:Rich Gannon <Rich.Gannon(a?ncmail.net>, Alan Clark <[e-mail]>
FYI.......
Patricia Hughes
Interim Coastal Nonpoint Source Program Coordinator
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(Phone) 919 733 5083, ext. 567
(FAX) 919 715 5637
Subject: [Fwd: Proposed Legislation- Cape Fear River Locks & Dams]
From: Mike Street <[e-mail]>
Date: Mon, 23 Apr 2007 09:51:45 -0400
To: "Dr. B. J. Copeland" <[e-mail]>, "Dr. Barbara Garrity -Blake" <[e-mail]>, "Dr. Charles
Peterson" <[e-mail]>, "Dr. Courtney Hackney" <[e-mail]>, 'Emory, Bob"
<[e-mail]>, Tom Ellis <[e-mail]>
CC: Anne Deaton <[e-mail]>, Bennett Wynne <[e-mail]>, Bill Diuguid
<[e-mail]>, Dean Carpenter <[e-mail]>, Jeanne Hardy
<[e-mail]>, Jeff Schaffer <[e-mail]>, Jess Hawkins <[e-mail]>, Jimmy
Johnson <[e-mail]>, Katy West <[e-mail]>, Maria Tripp
<[e-mail]>, Maximilian Merrill <[e-mail]>, Mike Lopazanski
<[e-mail]>, Pat Hughes <[e-mail]>, Patti Fowler <[e-mail]>,
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CF Lock & Dam Legislation [Fwd: [Fwd: [Fwd: [Fwd: Proposed Leg...
Rob Breeding <[e-mail]>, "Sandra M. Williams" <[e-mail]>, Scott Chappell
<[e-mail]>, Steve Everhart <[e-mail]>, Steve Underwood
<[e-mail]>, Tom Reeder <[e-mail]>
This bill should be of interest. The CHPP Team discussed this issue last week as part of the upcoming 2007-09 CHPP Implementation
Plan. It will likely be controversial. I will provide a copy of the bill to the MFC Habitat & Water Quality Committee.
Street
------- Original Message--------
Subject:Proposed Legislation- Cape Fear River Locks & Dams
Date:Fri, 20 Apr 2007 20:51:50 -0500
From:James W. Kornegay <kornegayjw@_mchsi.com
To:Ashley, Keith <ashleykw a,intrstar.net>, Brownell, Prescott <prescott.brownell(a,noaa.gov>, Bryson, Buzz
<buzz.bryson@..pgnmail.com>, Cox David <[e-mail]>, Curry, Bob
<robert.curry(cLncwildlife.org>, Deaton, Shannon L.<shannon.deatonpnewildlife.org>, Ellis, John
<john [e-mail]>, Harris, Fred <fred.harris a ncwildlife.org>, Hightower, Joe <jhncsu(c)unity.ncsu.edu>,
Laney, Wilson <wilson laneypfws.gov>, Nelson Kent <kent.nelson(a)ncwildlife.org>, Rachels, Tom
<rachelsrt(a,earthlink.net>, Rohde, Fritz <Fritz.Rohde a,ncmail.net>, Street, Mike <Mike.Streetpncmail.net>,
Taylor, David <David.L.Taylor@,ncmail.net>, Thomas, Chad <thomascd(a,adelphia.net>, Van Horn Scott
<Scott.vanhornPncwildlife.org>, Waters Christian <watersetpearthlink.net>, Winslow, Sara
<Sara.Winslow@,,ncmail.net>, Wynne Bennett <wynnemb(a)suddenlink.net>,'Steve Everhart'
<steve. everhart(cUncwildlife. org>
This bill was filed on April 18. Looks like there is push to keep the Locks & Dams in place
forever.
H
1
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
HOUSE BILL 1813
Short Title: State Take Cape Fear Locks/Dams 1, 2, and 3.
Sponsors: Representative Dickson.
Referred to: Ways and Means, if favorable, Appropriations.
April 19, 2007
A BILL TO BE ENTITLED
(Public)
AN ACT TO ALLOW THE STATE TO ACQUIRE LOCKS AND DAMS 1, 2, AND 3 ON
THE CAPE FEAR RIVER FROM THE UNITED STATES.
Whereas, locks and dams #1, #2, and #3 on the Cape Fear River were constructed by
the United States in the period from 1915 to 1935; and
Whereas, it is understood that the Congress some time ago authorized a mission for
the Army Corps of Engineers related to the locks and dams in Bladen County that hinged on
maintaining commerce through the locks on the Cape Fear River; and there has been no
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commercial traffic on the Cape Fear River in about twelve years, and there may be no federal
role in the maintenance of the locks and dams #2 and #3; and
Whereas, the Army Corps of Engineers is engaged in planning and implementing
extensive work in the Wilmington Harbor area. The work has and will involve dredging,
blasting, facility relocation, and related activities. In order to be allowed to do the work, the
Army Corps of Engineers is working through a commitment to the U.S. Fish and Wildlife
Service that involves mitigation activities to compensate for the projected negative
environmental impacts on wildlife habitat and other environmental features in the harbor area
as a result of the Corps' work to improve the harbor for commerce; and
Whereas, as part of the mitigation negotiated, the U.S. Army Corps of Engineers has
committed to construction of a fish passage option (not yet completely defined) for Lock and
Dam #1 (just upriver from the Wilmington Harbor area in Bladen County) and the "study" of
fish passage options and other issues related to Lock and Dam #2 and the Huske Lock. and
Dam #3 (both also in Bladen County); and
Whereas, leaving I ock and Dana #1 in place with a rock arch rapids structure
would also protect the water sup�aIN_intakes for the City of Wilmington and the Lower
Cape Fear Water and Sewer Authority; and
Whereas, there is concern upriver in Bladen, Cumberland, and Harnett Counties
(and to a lesser degree, Sampson, Lee, Chatham, and Moore Counties) that the Army Corps of
Engineers is only committed to "study" the second and the third lock and dam complexes. An
implication of the Army Corps of Engineers' "study" commitment is that there is currently no
funding for any specific recommended activity for locks and dams #2 and 93 that might
become identified by the negotiated study. A more basic concern is that there could possibly be
no definitive plan or action recommended to leave the locks and dams #2 and #3 in place in the
mentioned study; and
Whereas, the nature of the concerns in Bladen, Cumberland, Harnett, and other
counties touches on at least three points: (i) a rock arch rapids "fish ladder" on only Lock and
Dam #1 does not allow migrating fish to get past locks and dams #2 or #3; (ii) absence of
locks and dams #2 and #3 jeopardizes existing and/or potential water supply intakes
above those two locks and dams; and (iii) absence of loc s and dams #2 and #3 would
lower_the river iise water quality
in the middle and lower su basins of the Cape Fear River; and
Whereas, preliminary legislative steps are being initiated to create an opportunity for
a smooth transition of ownership of the locks, dams, and adjoining property from the Army
Corps of Engineers to the State of North Carolina, subject to the resolution of these and some
other questions regarding the condition of the lock and dam complexes. Such a step would
allow for the maximum utilization of the transportation benefit represented by the lacks
(` ?) and the recreational benefit created by a river managed by the dams; and
Whereas, there is a proposed water supply intake behind Lock and Dam #2
that would serve Smithfield Packing. There are existing water supple intakes behind
Lack and Dam #3 serving DuPont Works and the Cite of Fayetteville, and it is critical
that these and other future water supply intakes be protected for the significant human
populations in the region; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. The State of North Carolina may accept from the United States locks
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and dams #1, #2, and #3 on the Cape Fear River, along with all adjacent lands currently owned
by the United States, after the three locks and dams have been properly refurbished and the
rock arch rapids fish ladders have been successfully constructed.
SECTION 2. The Council of State shall allocate the property to the Department of
Transportation, the Department of Environment and Natural Resources, or such other State
department as deemed appropriate by the Council of State during a successful transfer
arrangement with the United States.
SECTION 3. This act is effective when it becomes law.
Michael W. Street <Mike.Street(,)ncmail.net>
Chief, Habitat Protection Section
NC Dept. of Environment & Natural Resaources
Division of Marine Fisheries
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