After a decade of debate, Duke’s dams on the Tuck get federal approval

Duke Energy has received a new 30-year permit to operate its five hydroelectric dams in Jackson County, which could pave the way for new economic and recreational opportunities along the Tuckasegee River.

Kayaking for several days a year on the upper reaches, for instance, with the power company agreeing to open up Lake Glenville Dam for water releases into the old streambed. New hiking on a future trail below Lake Glenville Dam down to the Paradise Falls area. Nine new river-access areas — including a portage — around Cullowhee Dam near Western Carolina University.

But don’t get too excited. The work could take years to complete, easily up to a decade or more.

“There’s tremendous work involved with the implementation of the license,” said Mark Singleton, a member of the stakeholder groups and executive director of American Whitewater, a national nonprofit headquartered in Sylva that promotes river conservation, access and safety.

Duke District Manager Fred Alexander also indicated the work isn’t over.

“We’re pleased to be at this stage, not the end, but the beginning of the end,” he said.

Duke must get new permits from the Federal Energy Regulatory Commission every 30 or so years to operate the dams. The process, known as relicensing, spells out what mitigation Duke must conduct to offset the environmental impacts of the hydro network.

Debate raged for nearly 10 years over how much Duke owes Jackson County in exchange for harnessing the Tuckasegee River with numerous dams. And Ken Westmoreland, the former county manager who spearheaded the county’s long fight against Duke, said Jackson has gotten the short end of the stick.

“We felt Jackson County’s citizens were being shortchanged in the long run,” Westmoreland said. “We knew in comparable relicensing across the country, other jurisdictions received substantially more than Duke has offered, which is basically a pittance.”

Westmoreland led the county into a protracted and costly legal fight in hopes of exacting more from Duke. Since the centerpiece of Duke’s mitigation was tearing down the Dillsboro dam, that was what the fight centered on, but saving the dam wasn’t the county’s primary objective, Westmoreland said.

“It was trying to find a method to get Duke to ante up considerably more in funds over the long haul for multiple purposes — recreation, stream-bank restoration and other conservation endeavors the county was interested in,” Westmoreland said.

Duke prevailed in the end when Jackson gave up on its battle, and within weeks of that decision the power company took out the dam. Restoring free flowing river will help threatened aquatic species, improve river habitat and set the stage for a river shore park.

Enhanced recreation opportunities along the Tuckasegee could help the county’s economic big picture, too.

“Quality recreation opportunities drive economic opportunities,” Singleton said.

For instance, additional put-ins will cater more to the increasing driftboat fishing traffic being seen on sections of the Tuckasegee.

Re-licensing for dams on the Nantahala River area — these were for the Tuckasegee River watershed — are expected soon.

By Quintin Ellison & Becky Johnson

 

A Duke timeline

• 1964: A court case results in hydro projects in the U.S. being placed under the jurisdiction of the Federal Energy Regulatory Commission.

• 1980-1981: The original 25-year licenses on the hydroelectric projects on the Tuckasegee and Nantahala rivers are issued to Nantahala Power and Light.

• 1988: Duke Energy purchases Nantahala Power and Light from Alcoa, a 1,729-square-mile service area, with 14 dams on five rivers serving 11 hydroelectric generating plants.

• 1999: Duke starts a public involvement process to develop a mitigation package as part of the next relicensing process. Two stakeholder teams were formed for the Tuckasegee and Nantahala, comprised of environmentalists, paddlers, fishermen and local government leaders.

• 2003: Stakeholders agreed, although not unanimously, to a mitigation package. The centerpiece is removing the Dillsboro Dam. Jackson County is among the parties who dissent. Macon County, the town of Franklin, and Dillsboro express dissatisfaction as well.

• 2004: Jackson County begins a legal fight against Duke, appealing various aspects of the relicensing at every step of the way.

• 2007: FERC sides with Duke in saying that removing the Dillsboro Dam, built in 1927, will suffice as mitigation by restoring a section of free-flowing river, reconnecting habitat and providing river recreation.

• January 2010: Jackson County concedes it has lost the battle against Duke.

• February 2010: The dam is removed, clearing the way for new licenses to be approved and promised mitigation to get under way.

• May 2011: FERC formally approves re-licensing agreements for Duke’s hydro projects on the Tuckasegee River.

Sediment foils irrigation systems at worst possible time

For farmers who rely on the Tuckasegee River to irrigate their crops, a brutal summer heat wave and dry spell took a turn for the worst this month when too much mud in the river forced them to shut down their watering systems.

During the past three weeks, tomato farmers in the Thomas Valley near Whittier have been unable at times to run drip irrigation equipment to counter drought conditions because sediment in the Tuckasegee River was clogging their pumps.

“With the 90-degree days, it’s really critical that these farms get drip irrigation,” said William Shelton, who runs a vegetable farm in Thomas Valley. “That river’s our lifeblood when it comes to these crops. Particularly during drought.”

Tomatoes are 85 percent water. When the plants are overstressed, they will actually take water back from the fruit, ruining the crop.

Kent Cochran, who farms 20 acres of tomatoes just up the road from Shelton, doesn’t understand how the river can be full of mud when there is no rain.

“When it rains, there’s going to be mud for a day or two but that’s not really an issue,” Cochran said. “We’ve been needing the water bad these past three weeks, and sometimes we go over there and it’s clear, and other days it’s mud.”

Robbie Shelton, the Jackson County erosion control officer, has been equally perplexed. Shelton’s job includes monitoring construction sites that could dump sediment into the river.

Last week, Robbie Shelton traveled up and down the river in search of an answer to the farmers’ questions. The focus of his investigation was Duke Energy’s efforts to restore the streambed above and below the former site of the Dillsboro Dam.

Shelton took pictures during the first week of July that showed the river was clear above the dam and increasingly turbid below.

“The Tuck upstream of the dam is clear. It’s downstream that it’s muddy,” Shelton said.

Shelton said during the drought, the river was increasingly muddy as it moved downstream towards Barker’s Creek.

“The closer you get to Thomas Valley the dingier it gets,” Shelton said. “It’s a progression. I’ve tried to find a source, and there’s not been one that’s been found.”

Nate Darnell, who works an 8-acre tomato field in Thomas Valley as part of his North Face Farm, has tried to bring some levity to an otherwise worrisome situation.

“As a farmer, I have to deal with a lot of runoff regulations, and it strikes me as ironic that the upstream runoff from development is causing us the problems now,” Darnell said

The restoration of the stream bank at the former Dillsboro Dam site is monitored daily by personnel from Duke Energy in accordance with the Clean Water Act and overseen by the N.C. Division of Water Quality.

Duke has been monitoring turbidity below its work zone. It has not exceeded state standards. In fact it has been well below them, according to Duke spokesperson Jason Walls.

“The turbidity and the sediment in the river are coming in from other places,” Walls said. “We feel confident that our operations aren’t increasing the levels of sediment.”

If the dam site isn’t causing the sediment, then what is?

That’s the question Cochran and Darnell are asking. Darnell has observed that on dry days the river gets turbid in the middle of the day.

“It was coming on down here about midday, anywhere between 11 a.m. and 1 p.m.,” Darnell said. “I really can’t give you a good reason, but I could speculate.”

So far this summer, Darnell estimates he has lost between one and three tomatoes from each of his plants. By the end of the season, those losses could add up to $25,000 in lost crops.

Darnell said farmers are constantly dealing with loss, whether from drought or insects or crows, but having the cause be the river that is the valley’s lifeblood is mystifying.

“The river’s not always going to be clear, but we really shouldn’t have to fight it during drought,” Darnell said.

Land sales challenge basis for vested rights, some argue

When the 3,500-acre Legasus development won exemptions from Jackson County’s development regulations two years ago, it raised the hackles of residents in the Tuckasegee community who claimed the hard-fought growth protections they ardently supported had failed when needed the most.

Now the disgruntled residents have raised the rallying cry again, this time contending that the mega development should be stripped of its vested rights after selling off portions of the land, whether through foreclosure or a voluntary move to raise cash and pay off debt.

“There are so many questions that have come up recently with foreclosures and land sales that totally change the dynamics of what the county granted Legasus vested rights for,” said Thomas Crowe, a member of the United Neighbors of Tuckaseigee.

Vested rights are an exemption intended to protect developers caught mid-stream by new ordinances. When Jackson’s new ordinances came along two years ago, Legasus argued they’d already spent a great deal designing a master plan and marketing the development to prospective buyers and should be allowed to proceed. Jackson County ultimately awarded vested rights to every developer that applied for them.

The Legasus development once called for 1,800 lots on 3,500 acres between Tuckasegee and Glenville spanning five separate tracts. With lot sales falling short of expectations, the company has had to sell off portions — including part of the proposed golf course. It is unclear whether new property owners will join forces with Legasus to carry out the existing development plan or will do their own thing.

“The question arises exactly what kind of rights do the new owners have? Can they come in under the auspices of the vested rights granted to Legasus initially?” Crowe asked. “We want to be on the front end of this new situation.”

A community forum on the issue of vested rights will be held at 7 p.m. Tuesday, Sept. 2, and will aim to answer these questions. Attorney DJ Gerken with the Southern Environmental Law Center will give a presentation and lead the discussion. The forum has been organized by the Western North Carolina Alliance and the United Neighbors of Tuckasegee.

“Those of us in the community as well as the county political leaders need to come up to speed on the whole issue of vested rights because of all the high-end developments here in Jackson County and in particular the Legasus development,” Crowe said.

Tuckasegee quarry permit denied

By Jennifer Garlesky • Staff Writer

Tuckasegee community members are at ease now that the state Department of Environment and Natural Resources denied a quarry permit to Carolina Boulder and Stone.

Decision expected soon on quarry permit

By Jennifer Garlesky • Staff Writer

Tuckasegee community members will learn next week if a rock quarry gets state approval to be placed in their neighborhood.

Swain leaders tout river access, horse ring upgrades

Not that many years ago, anglers and boaters wanting to gain access to the Tuckasegee River in Swain County essentially had to bushwhack their way to the water.

River group considers car removal from Tuck

A fledgling effort now under way could lead to the cleanup of junked cars lining the banks of the Tuckasegee River.

Quarry opponents urge state to deny permit

By Sarah Kucharski • Staff Writer

About 200 concerned citizens packed into a Jackson County courtroom to show their opposition to a proposed rock quarry to be located in the Tuckasegee community.

State mining specialists from the N.C. Department of Natural Resources heard from 25 speakers at the hearing, each one detailing their reasons for wanting the state to deny the rock quarry its application for an operating permit.

Quarry opponents speak out at public hearing

By Sarah Kucharski • Staff Writer

 

About two hundred concerned citizens packed into a Jackson County courtroom Tuesday night to show their opposition to a proposed rock quarry to be located in the Tuckasegee community.

Quarry opponents get county support

By Sarah Kucharski • Staff Writer

The grassroots group United Neighbors of Tuckasegee celebrated another victory in the battle to keep a rock quarry from locating in its community when county commissioners passed a resolution Thursday night (Aug. 17) imploring state officials not to issue a permit to quarry operators.

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