New river releases and public access areas are now set happen on the Tuckasegee River and its forks following a decade of studies, negotiations, lawsuits, and agency deliberation. Earlier this week the Federal Energy Regulatory Commission (FERC) issued new federal hydropower licenses for dams on the East and West Forks of the Tuckasegee River in western North Carolina.
We are pleased to announce that Duke Energy recently received their new state water quality certificates for their dams on the Tuckasegee and Nantahala rivers. These certificates were the final remaining documents that the Federal Energy Regulatory Commission needs to issue new federal licenses for the dams. The dams are expected to be licensed before the end of 2010.
Yesterday, Superior Court Judge Zoro J. Guice Jr. rejected all remaining legal challenges against Duke Energy's efforts to remove Dillsboro Dam on the Tuckasegee River. It is extremely likely that the ruling is the final decision on the fate of Dillsboro Dam, and that removal will begin within a month. This ruling marks a major milestone in the restoration of the Tuckasegee River.
Earlier this week Jackson County, NC county Commissioners decided to attempt a takeover of Dillsboro Dam on the Tuckaseegee River using their power of eminent domain, also known as condemnation. It remains unclear if they can legally accomplish this feat, however it is almost certain that this development will delay the restoration activities planned all along the Tuckaseegee River.
The media has recently reported that one of the counties opposed to the removal of Dillsboro Dam,
Macon County, has backed out of the lawsuit over the issue. In addition, Duke Power has filed a
lawsuit themselves against Jackson County over their failure to issue Duke permits needed for
removing sediment from behind the dam. Both actions are consistent with the ongoing trend
towards removing Dillsboro Dam, and starting new releases in the Tuckasegee and Nantahala
rivers.
Recreational releases on the Upper Nantahala and West Fork of the Tuckasegee are currently being
held up by a local County's opposition to removing Dillsboro Dam on the Tuckasegee River.
As resolution nears, opposition to releases on the West Fork of the Tuck is
heating up. Regardless, it appears that 2010 may be the year that sweeping river
restoration initiatives occur on the Tuckasegee River. We have posted a West Fork video to
remind paddlers why this project is so important.