Opportunities for Public Input on Fort Halifax Dam Fisheries Restoration Plans and/or Dam Licensing Decisions.

Since 1987, there have been:

·              5 Formal Environmental Assessments.

·              At least 12 public hearings/meetings hosted by state/federal agencies.

·              At least 8 solicitations by state/federal agencies for written comments.            

Conclusion of each Assessment:  Effective, permanent upstream and downstream passage for alewife, Atlantic salmon, and shad is needed at the Fort Halifax Project. 

Implementation Date:  Prior to 1998 Kennebec River Comprehensive Settlement Agreement, May 1, 1999 was agreed upon date for passage.  After Agreement, deadline extended to May 1, 2003.  

________________________________________________________________________

January 22, 1987   Kennebec Hydro Developers Group (including CMP) and State of Maine sign Settlement Agreement (KHDG Agreement) establishing deadline of May 1, 1999 for permanent upstream fish passage at Fort Halifax Dam.

Public Process:     See March, 1991 EA, below. 

March, 1991            FERC issues Environmental Assessment on Anadromous Fish Restoration in the Kennebec River.

Public Process:     Public notification and comment per FERC’s rules.  Note:  License amendments issued after this document was finalized established the date for permanent upstream fish passage at the Fort Halifax at May 1, 1999.[1]   

February 1993   Maine State Planning Office, in cooperation with Departments of Inland Fisheries, Marine Resources, and Conservation, issues Kennebec River Resource Management Plan, establishing plans for anadromous and inland fisheries management in Kennebec River.

Public Process:     Extensive drafting and redrafting by multiple state agencies.  Four “informal” hearings on a draft held in Skowhegan and Augusta in October 1991.  Formal public hearings held in Bingham, August 26, 1992 and Augusta, August 27, 1992.  Public and town comments solicited.  Deadline for comments was extended from September 25 until November 2, 1992 “at the request of representatives of municipalities between Augusta and Waterville.” 

June 18, 1994          FERC issues “Notice of Intent To Prepare An Environmental Impact Statement And Conduct Public Scoping Meetings” for the Fort Halifax Dam and ten other dams in the Kennebec Basin.

Public Process:     Comments, Protests, or Motions to Intervene invited.  Multiple parties submit comments and motions. 

July 13/14 1994   FERC holds scoping meetings in Augusta to identify issues to be analyzed during processing of licenses for multiple Kennebec and Sebasticook River Dams.

Public Process:     Multiple parties submit comments and motions 

November, 1995.      FERC issues Draft Environmental Impact Statement, Kennebec River Basin, Maine.

Public Process:     Mailed to all “interested parties” (19 pages of addresses, including Winslow Selectmen and town manager).  Recipients invited to file comments for consideration in the preparation of the Final EIS.  Forty-six parties file written comments, including towns of Skowhegan and Madison, Cities of Augusta and Hallowell, and Waterville Conservation Commission.  More than half of the comments from agencies, NGO’s, dam owners, and towns focused on issues other than Edwards Dam, including extensive comments on issues at the Fort Halifax Dam.

Public Meetings on DEIS held February 13 and 14, 1996, in Bingham and Augusta.  One hundred and twenty people attended these meetings; 55 presented testimony.  According to FERC, 49% of commentors commented on issues other than Edwards Dam. 

July, 1997                FERC issues Final Environmental Impact Statement, Kennebec River Basin, Maine.

Public Process:     Document mailed to all “interested parties” (19 pages of addresses, including Winslow Selectmen and town manager).  FERC responded to all comments provided on Draft EIS, and modified the EIS, including major changes in staff recommendations, to address many of the issues raised. 

Novmeber 26, 1997   FERC issues new license to CMP for Fort Halifax Project, calling for permanent upstream fish passage to be provided on or before May 1, 1999.

Public Process:     CMP requests stay of fish passage order and rehearing.  Refuses to accept new license. 

May 27, 1998          Multiple parties submit Lower Kennebec River Comprehensive Settlement Accord to FERC.  Changes date for permanent upstream fish passage at Fort Halifax to May 1, 2003, requires that passage be via a fishlift.[2]  CMP requests language allowing dam removal.

Public Process:     See below. 

June 10, 1998          FERC issues public notice of proposed license amendments to implement Settlement Accord.

Public Process:      Public comment period established, deadline July 15, 1998.  Comments received from multiple parties. 

Sept. 18, 1998          Following close of comment period, and after reviewing all comments, FERC issues order approving Settlement Accord, amending Fort Halifax and other licenses. 

June 19, 2002       FPL submits Application for License Surrender/Partial Dam Breach. 

July 2, 2002          FERC issues Notice of Application for License Surrender.

Public Process:        Comments, Protests, or Motions to Intervene invited.  Period extends to August 5, 2002.  Multiple parties submit comments and motions. 

October 22, 2002            FERC sends FPL first additional information request. 

November 7, 2002            Scoping Meeting to identify of issues to be analyzed during processing of permit.

Public Process:              2 public hearings held; nearly 100 attendees, over 50 oral comments.  Extensive written comments submitted during subsequent comment period.

 November 20, 2002    FERC sends FPL second additional information request.

 January 7, 2003            FERC issues Draft Environmental Assessment of FPL Dam Breach Proposal.

Public Process:              Written comments solicited.  Comments received from dozens of interested parties. 

 May 8, 2003               FERC issues Final  Environmental Assessment of FPL Dam Breach Proposal.

Public Process:              Written comments solicited.  Comments received from dozens of interested parties. 

 October 16, 2003            FERC holds “Technical Meeting” on Canavac Fish Pump.

Public Process:              Public invited, and multiple parties comment.  Transcript of Meeting runs to 86 pages.

 January 23, 2004            FERC issues Surrender Order.

Public Process:              Requests for rehearing filed by Town of Winslow and Save Our Sebasticook.

 May 6, 2004               FERC denies request for rehearing.

Public Process:              Save Our Sebasticook appeals to Federal District Court.

 



[1] Date later amended to May 1, 2003, following signing of 1998 Kennebec River Comprehensive Settlement Accord.

[2] This requirement is consistent with positions taken by Maine DMR, US FWS, and other parties for nearly a decade, and with DMR requests at similar projects in Maine (e.g. Cataract Fishlift on Saco River, proposed interim fishlift at Lockwood.)

Get the facts on the dam.

TU/Kennebec Coalition Filings at FERC  Regarding Fort Halifax Dam

Summary of FERC and ACOE related activity during 2004 Pertaining to the Fort Halifax Project No. 2552-065

ORDER DENYING REHEARING AND STAY

(issued May 6 2004)

Expected Impacts to Ice Regime on Sebasticook and Kennebec RiversResulting from Breaching of Ft. Halifax Dam

Home  TU Chapters  Officers    Friends  Ft. Halifax Dam  News Letter  Photo Gallery