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The Mattaponi River

Issue:
The proposed development of a large-scale reservoir and water distribution system presents significant environmental impacts to local fisheries, wetland ecosystems, and disrupts a Native American tribe.

Background:
The City of Newport News, VA is seeking permission from governmental authorities to construct a dam and reservoir (the King William Reservoir) on Cohoke Creek in King William County. In order to fill the reservoir, water will be withdrawn from the Mattaponi River and sent to the reservoir on Cohoke Creek. The City of Newport News will then withdraw the water from the reservoir as needed.

Cohoke Creek and the Mattaponi River provides significant resources to Chesapeake Bay. Estimates suggest that the development of the reservoir alone will flood approximately 400 acres of forested wetlands-areas that are critical for wildlife habitat as well as provide clean water to the Bay. The Mattaponi River is known for the role it plays in the recovery of the American Shad. Studies suggest that the Mattaponi River is the most important shad spawning ground in the state and removing water from the Mattaponi River to fill and replenish the reservoir is expected to reduce the ability of American Shad to survive, especially in their early life stages. In addition to environmental effects, the proposed project will have a cultural impact to the Mattaponi Indian Reservation-one of the oldest tribal sovereign governments in the country. American shad has always been at the center of the Mattaponi tribe's culture.

Presently, the project has received approval by the U.S. Army Corps of Engineers (ACE) and the State of Virginia to permit the construction of the dam and reservoir. However, the State Permits are currently being contested in court. In November 2005, the ACE issued a Federal Clean Water Act permit (under Section 404) to allow for the filling of the wetlands.

RtE Position:
At the urging of Sugar Hill recording artist Scott Miller, RtE contacted the Alliance to Save the Mattaponi to offer assistance. RtE had previously submitted comments to the VMRC supporting the position of the Alliance to Save the Mattaponi and requesting that the VMRC deny the permit. It is our position that both the federal and state permits are seriously deficient and warrant a reexamination by the regulatory bodies.

WHAT CAN I DO TO HELP????

Challenge the Federal Permit

Due to the numerous deficiencies in the Federal Clean Water Act Permit, we anticipate that the federal permit will be challenged by a coalition of environmental groups. Join with RtE and others in opposing the King William Reservoir by asking the ACE to reverse its decision to grant the federal Clean Water Act permit by writing to:

Brigadier General William T. Grisoli
U.S. Army Corps of Engineers – North Atlantic Division
Fort Hamilton Military Community, Building 302
Brooklyn, NY 11252

Please make the following points:
• The quality of the 806 acres of wetlands to be constructed and/or enhanced will not be sufficient to replace the important ecological value of the 400+ acres of mature, forested wetlands to be eliminated by this project;
• The permit was issued without a final, detailed wetlands mitigation plan and without standards as to what will qualify as “successful restoration”;
• The frequency of the wetland monitoring plan required by the permit (9 times over a 20 year period) is insufficient; The Mattaponi is home to one of the largest populations of Sensitive Joint Vetch, a federally protected threatened plant species. The health and number of these plants is documented to be massively inconsistent each year on the Mattaponi. Testing only 9 years out of 20 will not provide adequate scientific data to determine the health of this threatened species.
• The Final Detailed Mitigation Plan will not require that replacement wetlands be in the Mattaponi River watershed;
• The stream restoration plan, which only requires monitoring for a five-year period is insufficient to ensure the viability of the ecosystem.
• The permit will allow for the application of chemicals to the waterway to fight mollusks that might impede operations without seeking a formal permit modification. The operator only needs to modify the Operational Plan, which will not provide the public adequate notice and opportunity to comment. This is in violation of the federal Clean Water Act.

Challenge the State Permit!

The City of Newport News has requested to modify the Virginia Water Protection (VWP) permit for the reservoir. Join with RtE and others in opposing the King William Reservoir by writing to the VWP:

Catherine Harold
Virginia Water Protection Permit Program Manager
Virginia Department of Environmental Quality
629 East Main St., 9th Floor
Richmond, VA 23219

Please make the following points:

• The VWP permit needs to be made consistent with the permit issued by the Virginia Marine Resources Commission (VMRC).
• The State Water Control Board needs to consider and impose performance standards relating to salinity, ecological monitoring and wetlands mitigation.
• The Wetlands Mitigation Plan is inadequate and does not currently contain properties that are available for mitigation.
• The State Water Control Board needs to re-assess the viability fo the reservoir in light of the pumping hiatus and water withdrawal restrictions imposed by the VMRC and the ACE.

Links:

RtE-Mattaponi May 12, 2004 Comment Letter
Rock the Earth letter of May 11, 2004 to the Virginia Marine Resources Commission, commenting on the proposed action.

RtE-Mattaponi Fact Sheet (PDF)
A Mattaponi River Project Fact Sheet prepared by Rock the Earth

http://www.baylink.org/Mattaponi/
Mattaponi Indian Tribe information

http://www.savethemattaponi.org/
Save the Mattaponi Website

http://www.itsyourenvironment.net/alliance/indexx.html
Alliance to Save the Mattaponi Homepage

http://www.kwreservoir.com/
King William Reservoir Project Homepage

http://www.mpra.org/
Mattaponi and Pamunkey Rivers Association Homepage

http://www.nad.usace.army.mil/kwr/King-William-Reservoir.htm
U.S. Army Corps of Engineers North Atlantic Division King William Reservoir Decision

http://www.mrc.state.va.us/
Virginia Marine Resources Commission
 
 
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