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]
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.”
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.
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.
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.)
TU/Kennebec Coalition Filings at FERC Regarding Fort Halifax Dam
ORDER DENYING REHEARING AND STAY
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