Dec. 02, 2004
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Volume 79, No. 36


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Alliance to present environmental study results during next week's Duke relicensing sessions

By Lynn Hotaling

A regional environmental organization will release results from a recent shoreline study during a series of public hearings scheduled for next week in Sylva.

Western North Carolina Alliance will present findings from its Lake Glenville Shoreline Study during sessions conducted by the Federal Energy Regulatory Commission on Wednesday and Thursday, Dec. 8 and 9.

The hearings, part of the federal process for the relicensing of Duke Power's hydroelectric projects on the East and West Forks of the Tuckaseigee River, will be at the Justice Center.

The East Fork/Dillsboro agency meeting will be Wednesday, Dec. 8, from 2 until 4 p.m. in Courtroom 2, with the West Fork agency meeting at the same time and place on the following day, Thursday, Dec. 9.

The public meeting for East Fork and Dillsboro will be Wednesday, Dec. 8, from 6 to 9 p.m. in Courtroom 2 at the Justice Center, with the West Fork public meeting scheduled on the following evening at the same time and place.

The WNCA study, conducted by Western Carolina University biology professor Dan Pittillo with statistical support from ecologist Ben Prater of the Southern Appalachian Biodiversity Project, looked at the loss of native plants and habitat associated with development on property adjacent to the buffer strip owned by Duke Power on its 27.8 miles of shoreline around Lake Glenville. The "buffer strip" is defined as 10 elevational feet above the high water mark for the lake. This habitat is recognized as an ecologically sensitive area by both Duke Power, in its 2003 revised Shoreline Management Guidelines, and by conservationists.

"Habitat conservation is an important environmental issue in the federal relicensing of dams. Human activity on shorelines can impact water quality, erosion, wetlands, fish and wildlife habitat, recreational opportunities, aesthetics, and filtration of man-made toxins," said Roger Turner, relicensing coordinator for WNCA.

Duke Power's Nantahala Area District Manager Fred Alexander said Tuesday that Duke representatives had only seen a portion of the study and could not comment until they see the entire document.

The National Environmental Protection Act requires FERC to consider the cumulative impacts of Duke's policies not only on its shorelines but downstream from its projects.

The biologic and environmental value of a restoration of the impaired 50 percent of the Lake Glenville shoreline is estimated to be more than $226 million. A 1992 study by the Natural Resources Law Center titled "America's Waters: A New Era of Sustainability" states that most research pays little attention to the true cost or value of ecosystem resources that include ecological integrity and diversity.

"Many water projects have been developed over time to provide human and economic benefits, but without accounting for the impacts and losses in water quality, biodiversity, wetlands, riparian and habitat area, to name a few resources that lack true market value," the report said.

The study could have regional and national implications in relicensing processes, said Jody Flemming, WNCA executive director.

"Federal hydropower licensing should reflect the full economic and environmental cost of producing power, and revenues should be used to assist in financing water conservation and ecosystem protection and restoration," Flemming said. "Part of FERC's relicensing mandate under the Federal Power Act is to treat non-power values of rivers equally with power generation. This study takes a giant step in determining those values."

The study reveals a significant loss of native vegetative cover, especially in the shrub layer, which is primary in the prevention of erosion. The number of shrubs in the disturbed areas has dropped by 82 percent, while the number of trees has been reduced by 42 percent. This loss means that the shoreline's ability to anchor the soil and filter out pollution is seriously compromised, according to the study.

WNCA relicensing associate and member Bill Lyons blames some of the plant loss on the power company and said Duke is not enforcing its own guidelines.

"Loss of native vegetative cover has been a direct result of the tacit cooperation of Duke Power and the adjacent land owners," Lyons said. "The adjacent owners were directly responsible for the removal of the vegetation, while Duke Power, in failing to actively protect the buffer strip and enforce its Shoreline Management Guidelines, facilitated and expedited the destruction of the protective vegetative cover and habitat."

Duke's Alexander disagrees.

"That's absolutely untrue," he said Tuesday. "Our Shoreline Management Guidelines went into effect July 1, 2003, and are being vigorously enforced."

As proof of that fact, Alexander said Duke has had a full-time person patrolling the lakeshores since that time and has started legal proceedings in several instances regarding both vegetation and encroachment issues.

Pittillo's principal concern is the protection of plant species.

"We live in a region that comprises some of the richest species diversity in the northern hemisphere. I hope this study will serve to resolve potential conflicts between ecological protection of resources and the human impacts," Pittillo said.

"This study shows that the shrub layer has been removed from the buffer strip adjacent to developed sites and that trees are often dying or have been cut for a better view by property owners. The areas where woody vegetation has been removed within the zone of power company ownership are generally mowed and planted in non-native lawn grasses or other exotic plants, thereby further compromising the filtering action," Pittillo said.

FERC personnel are currently reviewing applications for new licenses for Duke Power's East Fork and West Fork hydroelectric projects and an application for the surrender of the Dillsboro Hydroelectric Project.

Duke filed applications using the traditional licensing process for new major licenses for the East and West forks' hydroelectric projects, all located in Jackson County on the Tuckaseigee River and its tributaries, in January 2004. The power company filed an application for the surrender of the Dillsboro Hydroelectric Project, also located on the Tuckaseigee, in June of this year.

Pursuant to NEPA, FERC officials intend to prepare a single environmental assessment for the three Tuckaseigee River projects and will use the environmental assessment to determine whether, and under what conditions, to issue licenses (East and West forks) and grant a surrender (Dillsboro).

Toward that end, FERC staff will conduct afternoon scoping meetings, which will focus on the resource agency, tribal and non-governmental organization concerns, and evening scoping meetings to hear public input on all the Jackson County projects.


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