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Posts Tagged ‘dillsboro dam’

U.S. Court of Appeals says Dillsboro Dam can go

Tuesday, December 22nd, 2009

DILLSBORO–The U.S. Court of Appeals upheld on Tuesday the Federal Energy Regulatory Commission ruling that the Dillsboro Dam should be removed.

From an Asheville Citizen-Times staff report:

The court today denied Jackson County’s petition for review of FERC’s July 2007 order allowing Duke Energy to remove the historic dam.

Read more here, from Lynn Hotaling at the Sylva Herald.

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OPINION: Cullowhee outfitter Kornegay says why Dillsboro dam should go

Thursday, December 10th, 2009

CULLOWHEE–When outfitter Burt Kornegay, owner of Slickrock Expeditions, got an email from a friend inviting him to a save-the-Dillsboro-Dam shindig, he fired off a pithy response. Naturally, it was immediately shared all around the interwebs, where by complete happenstance it filtered all the way down to me.

Here it is, with his permission:

First, the note from his friend:

Yo, read all about it….

Saturday night there is a benefit in support of saving the Dillsboro Dam. So, all you anti-establishment, anti-Duke Power people come on down and catch the 7:30 set of singer-songwriter Barbara Duncan. If you’ve not heard her, you owe it to yourself to check this out and to have a few beers in the process, not to mention to support a good cause. So, let’s make Sat. eve. a party night and fill up Guadalupe (that also serves great food).

Hope to see you there …

Then, Burt’s response:

Hey, Partner, Hold on there!

Why do you say that fighting to keep the Dillsboro dam is “a good cause”?  Because doing so spites bad ole Duke?  Let’s not forget that the dam plugs up and drowns the Tuckaseegee River, halting the travel of river creatures and backing up an unnatural mile-long trough of deadwater behind it. Also, from a human perspective now, the dam stands in the way of creating a real, honest-to-goodness “river park” in Dillsboro.  By honest-to-goodness river park, I mean a park with a river that actually flows, like at East LaPorte (probably the most popular public place in our county).  A real river park would make a pleasurable place for all of us to go, and it would be good for businesses in Dillsboro too.  Hundreds of old concrete plugs like the Dillsboro dam are coming down all across the US,  cheered on by river-loving and civic-minded people just like yourself, and I say, Right On!

As for your rebel claim that it is “anti-establishment” to fight for the dam, because doing so is anti-Duke, I say, wasn’t the dam built by the county’s moneyed “establishment” in the first place, back when other segments of the local “establishment” were as busy as beavers gnawing out railroad lines, felling the virgin forest, and turning the Tuckaseegee into flowing mud?  I mean, what could be more “establishment” than a dam?  (Well, perhaps a skyscraper or aircraft carrier.)  And what could be more “establishment” than to align yourself with the likes of county manager Ken “Dam or Die” Westmoreland, who doesn’t mind taxing us to the tune of more than a quarter-million-$ to pay lawyers, in his attempts to do  .  . . what?  Why, to milk still more $ from Duke! When it comes to the Dillsboro dam, the “anti-” lies in taking it down.

Kornegay’s longtime Jackson County business has been the focus of some media features lately. Here and here from the Smoky Mountain News, for example. The Sylva Herald has also written him up (you can search that story at their paid archives, here).

Recent news from the legal struggle over the dam from the Sylva Herald here (link will expire in one week), and from the Smoky Mountain News here.

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Sylva radio: FERC order slams Jackson County

Friday, December 4th, 2009

SYLVA–Sylva’s WRGC radio has obtained a copy of a Federal Energy Regulatory Commission document released yesterday that re-states the agency’s belief that Jackson County leadership is in the wrong in its attempts to condemn the Dillsboro Dam.

WRGC reporter Eric Moore quotes from the document:

“An attempt by a state or subdivision of a state to condemn project lands, works, or facilities in order to build a park is clearly preempted [by the Federal Power Act]. The county’s effort to undercut the Commission’s exclusive jurisdiction and to circumvent the Congressionally-mandated judicial review process in order to overturn our orders through state court proceedings is inappropriate.”

View WRGC’s report here.

Recent news from the legal struggle over the dam from the Sylva Herald here (link will expire in one week).

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OPINION: Sylva Herald on dam lawyers

Friday, December 4th, 2009

SYLVA–Editorially, the Sylva Herald newspaper has been openly disdainful of the Jackson County Commissioners’ ongoing battle with Duke Energy over the fate of the century-old Dillsboro Dam.

It editorializes on the subject this week. Here’s an excerpt:

Recently we taxpayers have been asked to bear quite a burden for our county’s leaders. First they forced through revaluation right before the housing market crashed. Now we’re paying taxes based on land values that are much inflated over current market value. They then turned around and instituted a pay study by the Mercer Group that resulted in major raises for several county employees. The amount of some of those raises nearly equals the average yearly salary for Jackson County residents. Yet the taxpayers haven’t gotten a single “thank you” for footing the bill.

The editorial is available here for a short while, then afterwards at the Herald’s paid archive.

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Duke seeks to thwart Dillsboro Dam condemnation

Tuesday, December 1st, 2009

DILLSBORO–Duke Energy on Monday asked appeals court judge Zoro Guice to block Jackson County’s efforts to condemn the 96-year-old Dillsboro Dam.

Duke Energy seeks to remove the dam to mitigate other hydro electric projects in the region, as part of a settlement reached over five years ago.

Jackson County commissioners feel the county was shortchanged in the settlement, and want to keep the dam and build a park nearby.

Read more from Jon Ostendorf at the Asheville Citizen-Times.

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Jackson greenways take a step forward with property purchase

Friday, October 9th, 2009

CULLOWHEE-Organizers and supporters of Jackson County’s ambitious greenways project celebrated a milestone October 5, when the county board of commissioners voted to purchase a 1.4-acre plot of land near Cullowhee for $39,580.

The plot is the first purchased by the county to augment an existing sewage right-of-way that follows the Tuckasegee River between Cullowhee and Sylva. Organizers envision the Cullowhee-to-Sylva segment as a core element of a larger plan to hook individual greenways segments together to create an alternate transportation system for the county.

Commissioners tabled action on the purchase of an piece of property adjacent to the one they purchased.

County greenways project manager Emily Elders says the purchase is significant.

“It’s the first property purchased specifically for greenways in Jackson County after nearly ten years of hard work by our volunteers,” she said. “Hopefully, with future donated conservation easements, other successful negotiations and grant funding, we’ll be able to put a project on the ground soon that will demonstrate the wellness, transportation and recreation benefits of greenways for the whole county.”

Three newspapers are covering Jackson County’s greenways progress: the Smoky Mountain News, The Sylva Herald and the Cashiers Crossroads Chronicle.

The Chronicle is primarily concerned with the several Cashiers-area elements of the greenways plan, so it didn’t weigh in on Monday’s vote, but the Herald and News both did. Bibeka Shrestha’s story for the News emphasized the commissioner’s decision not to purchase the adjacent property, noting that if they had, the first mile of the 4.5 mile stretch would’ve been in county hands. The Herald, which has recently taken county commissioners to task for what it considers profligate spending on county payroll and the Dillsboro Dam fight, emphasized the property’s price tag.

Read the Smoky Mountain News piece here.

Read the Sylva Herald piece here. (Archives=$)

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Jackson Co. vs. Duke Energy over Dillsboro Dam

Tuesday, June 16th, 2009

Our previous posts:

Micro-hydro power
How small dams fit the big picture
Spring court ruling against County
Lost falls of the Tuckasegee

More stories:

Asheville Citizen-Times: Confidential Duke mediation settlement offer made public ($)
Sylva Herald editorial ($)
Sylva Herald rundown of original settlement details ($)
Asheville Citizen-Times ($)
Smoky Mountain News
Smoky Mountain News editorial
Sylva Herald ($)
American Whitewater

DILLSBORO–Two months ago, the courtroom slap-fight between Jackson County and Duke Power over the fate of the Dillsboro Dam seemed to have descended nearly to the level of farce.

Duke Energy, which holds a monopoly on electricity production in this area and has many hydroelectric projects here, wants to tear down the dam as part of an enormous licensing agreement, reached years ago. Jackson County’s Commissioners long ago decided that the county didn’t get enough of a cash settlement in the agreement, and that the dam, which is more or less the centerpiece of the little town of Dillsboro, should stay.

Jackson County, with the firepower of the Federal Energy Regulatory Commission, Duke Energy, half the environmentalists and a growing segment of the population arrayed against it, seemed to be pouring tens of thousands of dollars down a questionable hole in lean economic times.

As the court hearings droned on, local reporters tried to take accurate notes while dreaming of things they’d rather be doing — like driving bamboo shoots under their fingernails.

Then, things took an interesting turn.

After being forced in court to release the necessary permits for Duke to begin dredging silt from behind the dam, and as court-ordered mediation efforts were winding up, Jackson County quietly paid a consulting firm almost $20,000 to design a large river park and riverwalk along both banks of the Tuckaseegee above, at and below the dam location.

The commissioners now say they’ll use eminent domain to take the dam from Duke Energy. The eminent domain possibiliy has been mentioned before, but there are only certain circumstances that are grounds for eminent domain under North Carolina law. Public recreation is one of them.

The Sylva Herald newspaper editor Lynn Hotaling points out in this blog post, though, that the original agreement terms call for the land alongside the river to be turned over to the town of Dillsboro to be used for public recreation. Dillsboro has since relinquished its rights to that property to the county. The upshot is that if the county condemns the land, it’ll pay Duke fair market value, but if Duke removes the dam, the power company will give the county the land for free.

The Sylva Herald has taken an open editorial stance against the county’s legal efforts.

Meanwhile, Duke has announced that it will accelerate its efforts to remove the dam, and will accomplish as much as possible before condemnation proceedings interfere.

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Micro-hydro power

Friday, June 5th, 2009

REGIONAL–I posted recently about small hydro vs. big hydro, particularly in relation to the Dillsboro Dam controversy.

No surprise then that a short blurb about micro hydro caught our attention; micro hydro has to do with using very small watercourses — backyard streams for example — to create electricity for a small area.

I first saw such an operation about eight years ago, when Balsam Mountain Preserve installed a waterwheel-driven generator to supply power to a campground it built near Cabin Flats, south of Balsam Gap. I don’t know whether the Balsam generator is still in use — it struck me as a novelty — although I’ve included a picture or two here.

Meanwhile, the blurb I refer to is a workshop planned for July at Appalachian State University. It’s one of ten or so such workshops to be held this year at the school in Boone.

Read about them here.

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Small dams and the big picture: Orion Magazine on how small hydro does — and doesn’t — work

Tuesday, May 5th, 2009

DILLSBORO–I find the Dillsboro Dam controversy a little boggling, and I’m not alone.

It isn’t the fundamentals of the argument between Duke Energy and supporters of keeping the dam that are hard to grasp — although Duke’s relicensing agreement is complex — but more particularly how the Dillsboro situation fits in to the much larger picture of “big” hydroelectric power versus “little” hydro, and how the two are influenced by our insatiable hunger for energy.

I admit a general mistrust of Duke. I also admit that from an environmental standpoint, I’ve long fallen into the less-dams-the-better camp, but without doing much homework on the subject. My friends who have done their homework are more-or-less split over the Dillsboro Dam issue. And therein lies the boggle.

Along comes the invaluable Orion Magazine, with an article in its May/June issue that is well-written well-researched and about time — at least for those of us who are trying to figure Dillsboro out.

A few excerpts from Ginger Strand’s piece The Poetry of Power:

Few things are as beautiful as falling water. That beauty has been making power for thousands of years—first mechanically, with waterwheels, and then electrically, with turbines and generators. Generator, from the Latin generare, to produce, is a misleading word. No device can produce energy; it must convert it from something else. The burning of coal converts millions of years’ worth of stored sunlight into heat. A hydroelectric plant converts the kinetic energy of falling water into electricity.

(snip)

There’s just something about a dam. Dave Brower fought to obstruct them. Edward Abbey dreamed of exploding them. Derrick Jensen dreams of exploding them still. John McPhee wrote that for environmentalists, the Devil’s world is ringed with moats of oil and DDT, but its absolute epicenter holds a dam. The treacherous wizard Saruman in The Lord of the Rings powers his evil orc factory with a dammed river. “Free the river!” cry the Ents: big explosion, triumph of good. Nothing says eco-warrior like killing a dam.

(snip)

John Seebach, director of American Rivers’s Hydropower Reform Initiative:

“The footprint of all these little dams adds up and chokes up a watershed,” he says. “A big plant provides a lot more power.” That extra capacity means big plants are more profitable. And more profit means they can afford to mitigate the harm they do to the river with measures like fish hatcheries and smelt barging.

He concedes that, done right, small hydro plants can preserve riparian habitat and provide for fish passage. But for John, “done right” is the hitch. Doing it right requires money, and John just isn’t sure the economics add up. As projects get smaller, their price per kilowatt-hour ramps up. Private producers and communities may like the idea of small hydro, but as costs increase, John worries they’ll be tempted to relax environmental standards. That temptation might only grow as more and more states institute renewable portfolio standards—minimum percentages of power that utilities must generate with renewables.

Cost is a highly rational way to make decisions. Big dams may not be ideal, but they’re efficient. Small dams do less harm, but their economic benefits may not outweigh the harm they do. One thing this assumes, of course, is that there’s no relationship between our centralized power grid and our profligate use of power. But it isn’t easy to connect the action of running your microwave to the burning of a hunk of coal two counties away.

(snip)

Lori Barg, principal of Community Hydro, a small hydro consulting firm:

Lori talks a lot about “distributed power”: generating power at thousands of small sites, in a variety of renewable ways, rather than at huge centralized plants. Such a system would not only favor low-impact, greener power, but it would be less “brittle,” meaning less subject to cascading failures when one big plant goes down. It would reduce transmission losses, too, because the shorter the distance power has to travel, the less is lost in the process.

“We’re losing one or two times as much power as we’re using in the end,” Lori says. “If you want to start looking at the economics, is a kilowatt-hour generated in Boston the same as a kilowatt-hour generated in Peterborough, when you have so many losses along the way? It’s like having a leaky bucket.”

Read the whole piece here.

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Judge rules in favor of Duke Energy against Jackson County

Friday, April 3rd, 2009

The Issue

Duke Energy, as part of a complex hydroelectric re-licensing settlement, wants to remove the aging Dillsboro Dam to mitigate its use of public waters elsewhere in the region. Jackson County argues that Duke hasn’t given up enough in the settlement, that the dam could be used to produce energy locally, and that it has historic significance.

The five-year-old dust-up has made for strange allies, with clean water concerns falling on both sides of the issue, with paddler-oriented environmentalists siding with Duke, and with Lake Glenville homeowners taking sides with the county

UPDATE 4.03.09: Judge Laura Bridges ruled in favor of Duke Power in the judgment outlined below, and ordered Jackson County to issue the relevant permits. The county has appealed.

UPDATE 4.04.09: Ruling available at Sylva Herald blog here.

SYLVA–Attorneys representing Duke Energy and Jackson County met in superior court Monday, March 16, seeking a partial summary judgment in the ongoing dispute over the fate of the century-old Dillsboro Dam (map it).

Dillsboro Dam

Dillsboro Dam

The hearing took place before Judge Laura Bridges, who by her own admission has some studying to do about the five-year-old conflict. Judge Marlene Hyatt, who is familiar with the case, recently retired.

Monday’s hearing was centered on Jackson County’s refusal to grant permits for Duke to begin dredging sediment from behind the dam in preparation for demolition — something the Federal Energy Regulatory Commission has asked it to do. Jackson County has refused to grant the permits until other facets of pending litigation are cleared up, contending that its own suits against Duke are so intertwined with the dam’s removal that they must be decided before removal can go forward. Duke argues that FERC’s ruling supersedes the rights of the county to deny permitting.

Judge Bridges heard the argument, and said that she’d rule in a week or so, as soon as she waded through the history of the case.

Read an account of Judge Bridges’ decision from Lynn Hotaling at the Sylva Herald

Read an account of earlier proceedings here, from Justin Goble at the Sylva Herald.

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