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Wednesday, 06 May 2009 16:12

Jackson reluctant to turn over Duke dredging permits

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An attorney for Duke Energy gave Jackson County commissioners a “friendly reminder” this week to stop dragging their feet on turning over permits that will pave the way for the demolition of the Dillsboro Dam.

Before Duke can tear down the dam, it must dredge sediment backlogged behind it. Jackson County, which has been at loggerheads with Duke for several years over dam removal, has resisted issuing the permits.

Duke Energy went to court over the issue and won a ruling by Judge Laura Bridges that forces the county to provide the permits, despite appeals over dam removal that are still in play at the federal and state level. Jackson County feared that releasing the permits would hurt its chances in the pending appeals.

Despite the court order, Jackson County has continued to put up resistance. The county agreed to issue a permit, but only with a disclaimer that the county wouldn’t be liable if anything went wrong during dam removal, be it environmental or human safety. Other conditions involved safety parameters.

Duke refused to accept the permit with the disclaimers and conditions and has accused the county of violating the court order. Duke Attorney Molly McIntosh gave the county a last chance to comply this week before going back to the courts.

“I have tried, I think today is the third time I tried, to get the permits without conditions,” McIntosh told the commissioners at their meeting Monday night (May 4). “Mrs. Cable told me she was told to hold the permits until after tonight’s meeting. The order doesn’t say anything about conditions on the permits. If we don’t get the permits we are going to have to move for contempt in violation of the order.”

Commissioners discussed the permit issue in closed session Monday night. The following morning, the county issued the permits without any conditions, but emphasized it was for sediment dredging only.

The commissioners have been split in recent months over their continued opposition to Duke. Commissioner Tom Massie and William Shelton advocate throwing in the towel on the fight, but remain in the minority.

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