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  1. #1
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    somerset corps meeting

    Anyone go? Family medical reasons kept me home

  2. #2
    HURRICANEBOB Guest
    Yea, I did.

    The Corps of Engineers presented a well thought out opening presentation briefed by the Nashville Corps District Commander. In the brief, they showed:

    1. A matrix that showed what the original intent was the US Congress provided funds for dams and lakes as we know them. Example, Cumberland and Wolfe Creek originally authorized by Congress for flood control and for hydroelectric power. Years later congress authorized funds to support local recreation including fishing.
    2. Security is an issue at the dams. Remember 9/11? Who would have thought a terrorist would have taken a plane into a tower. Corps noted it's not the overriding concern, but also that an attack on a major dam could have disasterous results for all down stream Wolfe Creek Dam to Nashville.
    3. Safety was a focal point. Corps noted Title 33 of the Code of Federal Regulations that Congress approved into law required the Corps to establish restricted areas above and below dams. Corps in Nashville has not done that, and is now getting into complinace with federal law, given safety concerns, given security concerns, and given one other key concern. Folks that don't play by the rules and fish in dangerous water, even after they ignore signs, fail to wear life jackets, and ignore the warning lights, and horns, and sirens, when injured still tend to file lawsuits against the Corps. If the Corps fails to do as Congress required them to do, then they may be held liable if an angler gets hurt in an area that should have been restricted. And that means the govt may pay a big lawsuit, and that means us taxpayers will pay for it with our tax dollars.

    KY had KDFWR Director there, state representative staff members, and representatives of US Congressional State Representatives. In general, their arguments were that the restrictions imposed would hurt the economy and deny recreation/fishing. They noted they opposed the federal govt looking our for individuals safety by restricting access when the number actually killed was statistically low. While they questioned Corps numbers of incidents, that could not, when asked provide their own documented records of incidents. The KDFWR had about 12-15 KDFWR law enforcement officers there, and KDFWR noted that if the areas were left open, they would be on site to get the violators under control, rather than restricting the area. I wondered why KDFWR, who said they were concerned about public safety, decided to take that many officers off the beat protecting people to have a show of force at a meeting. Priorities? I think they showed the Corps they could make promises, and were will to take officers out of their duties to do what they said they would do.

    KDFWR, state reps, and congressional reps all noted economic impacts, exaggerated the impacts, and yet could not provide the corps with a copy of any actually written analytical study they did to prove their point. Yet all those same folks wanted the Corps to do a study to figure out their point of view and the state's impacts. My oppinion, state and local govts have to prove their point of economic impacts before a congressional mandated law can be avoided by the Corps of Engineers. Documnet your complaint to make it more valid and stand a better chance of having a valid study recognized.

    Last part was questions and answer period. Most questions and concerns had to do with impacts to local guides that fish in these area. Biggest point was a often repeated request to reduce the restricted area from 500 feet below Wolfe to 250. Corps said they would propose that, but did not have the authority to decide it at the meeting. So more to come on that.

    KDFWR and state reps questioned Corps statistics on life lost below the dam. Given the deaths of KY citizens occurred in their jurisdiction, they, the KY reps, could not provide conclusive documented evidence that the corps statistics were wrong. Again, KY, if its your jurisdiction to police, and to save lifes here, you really ought to have a set of statistics and records of the lifes that were lost here.

    Overall the meeting was civil, some pointed questions, and all concerns raised were responded to. There were no commitments made at the meeting, as the intent was to share information, and to get input from those concerned first hand.

    Corps will start putting up barriers to restricted areas Mar-Apr this year, with first priority of effort to dams with locks, then large dams, then small dams. Wolfe Creek Dam will probably not see the barriers until May-June this year.

    Grand total I'd say 50-60 anglers showed up. The Coprs had 7-8 military and civilian folks there, KDFWR about 12-15, and about 6 reps from KY State and US Congress reps.

    Last point: The Corps has NOT BANNED FISHING. They have restricted boat access and made the point that fishing from the shoreline into the restricted areas is still just fine. And boating up to the restricted area limit and casting in is still fine.

    In my own opinion, the Corps was professional, informative, willing to listen, and willing to discuss. By contrast, the KY State reps, and representatives, came off more antagonistically, made accusations they failed to support with fact, displayed emotion, but did not come prepared to offer documented evidence of either bad incident statistics, or come prepared with documented written reports of actual economic impacts. The fisherman and boaters that made comments, actually did far more by raising a concern, then offereing suggestions as to how the Corps and local fisherman could meet in the middle, and still increase safety while reducing fishing impacts. It was an angler, not a state KDFWR or state rep, that offered the 250 foot limit vs the 500 foot limit that the Corps is considering.
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  3. #3
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    Thanks Hurricanebob. Thats is my favorite fishing hole right against the dam. We(usually4-6) go there alot. We take a c6amper, stay at kendall, buy gas, food, minnows from little store up the road. We eat at state park and little shack by the dam. Six of us can spend a couple THOUSAND down t spent onabout localhere in a week. If we do this 3 times ayear thats 6 grand spent on local economy. If they close off access to the dam we will go elsewhere. What an impact for afew fishermen. But again the government rules us not. us ruling the ..government

  4. #4
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    Thanks for the report on the meeting. Sounds to me like the folks, especially the local officials were not as prepared for the meeting there as the folks were at the first meeting here at Lake Barkley with stats on economic impact. At the meeting here there were many local business owners as well as anglers and the businesses had plenty of stats of economic impact and they were not exaggerated. Too bad the turnout there was such low numbers. As for the report on what the Corps presented...sounds like the same canned slide show they had here...also sounds like they were more prepared there than here if they had that many of their folks there....when they were here they only had the Nashville Corps Commander (LTC) and three staff...the three staff members they brought here from Nashville had no imput to the meeting because they had obviously not prepared to meet any resistance...basically the Corps was not here to take input, they were here to tell us what they were going to do. The way the regulation the Corps is citing as the reason they are going to restrict the areas has wording that allows for a compromise...but the Corps conveniently left out that wording in the regulation they presented at the meeting here in their presentation...which tells me they do not want compromise.
    Last edited by Dave Stewart; 01-26-2013 at 06:54 AM.

  5. #5
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    If the Corps are required to do this by Federal law they don't have a choice in the matter. It sounds like it would take an act of Congress to change the regulations. Good luck getting those jokers to do something. With that being said I can certainly understand their concern about protecting tax payer assets from terrorist attacks as well as protecting the lives of everyone below the dams. The only other way to protect the dams besides the barriers and restrictions would be having armed Officers on duty at all times inspecting boats that are approaching the areas in question. If there were paid Officers in the areas 24/7 the cost would certainly more than offset any economic benefits there would be.

    The same congressional act restricted government owned areas all around the nation after 9/11. A good example would be Port Canaveral, Fl. With the Space Center, Patrick AFB, cruise ship terminals and a nuclear submarine base all located within a relatively small area the government showed no mercy to fisherman, boaters or the general public in the restrictions that were put in place. Hundreds of fisherman and recreational boaters were met and detained by Coast Guard sailors armed with .50 caliber machine guns when they got to close. Most of regulations are still in place today and the armed CG sailors are still there too.

  6. #6
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    Well done Bob. Very well.

    Sent from my smartphone using Forum Runner Mobile App

  7. #7
    HURRICANEBOB Guest

    Local news coverage of the meeting

    January 25, 2013

    Fishermen, officials unhappy with restricted water access
    Corps of Engineers calling waters around Wolf Creek Dam ‘hazardous’; public hearing held at The Center
    by Bill Mardis
    Commonwealth Journal The Commonwealth Journal Fri Jan 25, 2013, 06:32 PM EST

    Somerset —

    A crowd of fishermen mingled among politicians and public officials Thursday night in the theater at The Center for Rural Development to express dis-pleasure about restricting access in what the U.S. Army Corps of Engineers calls hazardous waters immediately upstream and downstream at Wolf Creek Dam.
    Calling the proposed 500-foot restricted area in the tailwater at Wolf Creek Dam one of the top five fishing spots in Kentucky, they pleaded for compromise. They promised political pressure to make the Corps back down. They wondered why the Corps is informing the public now after the restrictions are already being put in place. They complained because the meeting was in Somerset instead of Russell Springs where the dam is located.Newly elected State Sen. Chris Girdler expressed his opposition. Danielle Smoot, communications director for Congressman Hal Rogers, said the congressman has received about 100 calls on the issue during the past two weeks. A representative from Gov. Steve Beshear’s office requested information about research done that was basis for the regulations. A delegation from Kentucky Fish and Wildlife Resources was present.
    Girdler called the restrictions a “job killer.” He said “ ... fishing here means jobs here. This is more than a safety concern. This is a job concern.”
    Smoot said Congressman Rogers plans to discuss the issue with Lt. Col. James A. DeLapp, commander of the Nashville District, U.S. Army Corps of Engineers. DeLapp was at the meeting Thursday night, explaining the regulations and fielding questions from passionate and unhappy fishermen.
    Apparently the restrictions are a done deal. DeLapp said since 2009 there have been three fatalities, one serious injury and 10 near misses/rescues in hazardous waters downstream from Corps-operated dams. He said the Corps has paid hundreds of thousands of dollars in out-of-court settlements for these mishaps.DeLapp emphasized the Corps is simply following regulations enacted during the 1990s; regulations the Nashville District up to now has not put in place.
    The commander said he wanted to dispel rumors, one making the rounds that the Corps is banning all fishing. The restricted areas will be small areas compared to the entire tailwater below the dams on federal property. Fishing and boating will still be allowed in these non-restricted areas, Delapp said. The Corps continues to allow bank fishing in all areas that were previously approved, including areas adjacent to some restricted areas.
    All forms of water access within the restricted areas will be prohibited including boating, swimming and wading.
    The restrictions are in place or being put in place at all Corps-operated dams. Restricted areas at Wolf Creek Dam will be 500 feet from the dam in the tailwater and 500 feet on the upstream side of the dam. DeLapp said the regulations will be in place no later than June.


    Fishermen, officials unhappy with restricted water access » Local News » Commonwealth Journal

  8. #8
    HURRICANEBOB Guest
    [QUOTE=DaveStewart;507099] The way the regulation the Corps is citing as the reason they are going to restrict the areas has wording that allows for a compromise...QUOTE]

    Dave, I put the text of the reg below. I don't know the corps has to compromise on it. They come up with the restricted area based on the highest and worst conditions, and they have to include the views of the sources. But they don't have to compromise the level of safety the restricted area will provide based on local comments only. Now on the other hand, if the local comments, and corps analysis, agree that what the corps first recomended is excessive, and can be reduced and still provide safety, then the corps can site that and reduce the size of the restricted area. Example: Can the discharge be modified to reduce the area of hazardous waters downstream?

    Here's a link to the exact specs, look in appendix AA and AB. EP 1130-2-520 (29 November 1996)

    And I agree, to folks can read the same thing and come away with 2 considered and different opinions. I repect yours.


    ER 1130-2-520
    29 Nov 96
    10-1
    CHAPTER 10 - RESTRICTED AREAS FOR HAZARDOUS WATERS AT DAMS AND
    OTHER CIVIL WORKS STRUCTURES
    10-1. Purpose. This chapter establishes the policy on restricted areas upstream and downstream
    of certain project structures, and establishes standard criteria for determining the extent of these
    restricted areas.
    10-2. Policy. It is the policy of the Corps of Engineers that:
    a. Restricted areas prohibiting public access shall be established for the hazardous waters
    immediately upstream and downstream of all Corps-owned locks and dams, flood control dams,
    multi-purpose dams, re-regulation structures, and any other structures with similar hazards to
    boating or visitor safety.
    b. The extent of each restricted area shall be based on hydraulic criteria and operational
    considerations. The minimum size of a restricted area is fixed by the hydraulic line and a buffer
    zone beyond the line as specified in Chapter 10 of EP 1130-2-520, and in accordance with the
    following criteria:
    (1) Upstream restricted areas must be sized (including necessary buffer zones) to allow a
    boater to reach shore before being carried by currents into the dam or intake area, or to allow a
    reasonable expectation of rescue in the event of a boating accident or motor failure.
    (2) Downstream restricted areas must be sized (including necessary buffer zones) to
    prevent a boat that is without power or a swimmer from being drawn into the dam or discharge
    areas. The restricted zones must encompass areas containing turbulent waters caused by the
    operation of the project that creates significant risk of swamping or capsizing small boat that are
    either underway, moored, or adrift.
    c. Restricted area boundaries shall ordinarily be established based on high flow condition,
    not variable with fluctuating flows, intermittent discharges, or seasonal variations.
    d. Approval authority for defining boundaries of restricted areas is delegated to MSC
    commanders who may redelegate the authority to district commanders.
    e. The District Commander will appoint an interdisciplinary team from Safety,
    Hydraulics, and Operations to evaluate all applicable sites and to recommend restricted area
    boundaries and associated control measures. The team will consult with the person in charge at
    each site, other Corps representatives, and other Federal, state, and local agencies (where
    necessary) who may have significant interest or input in the matter. The team will document its
    findings, including the calculation of the hydraulic line, operational considerations and views
    ER 1130-2-520
    29 Nov 96
    from other sources. The approving authority will sign the boundary determination.
    10-2

  9. #9
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    Bob....I did not say the Corps has to compromise...only that their regulation allows room for compromise ....which to me they have not shown any indication they have any intention to doing so without being forced to do so by the courts.

    It was pointed out to the Commander when he was here by many local and state officials that they had not followed their own regulation in contacting them about this matter.

    As far as terrorist concerns: The vulnerable part of a TVA dam is the earthen part....not the superstructure itself. If there are locks they are vulnerable. The locks are not being restricted. So citing security reasons for doing this does not hold water.

  10. #10
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    Quote Originally Posted by DaveStewart View Post

    As far as terrorist concerns: The vulnerable part of a TVA dam is the earthen part....not the superstructure itself. If there are locks they are vulnerable. The locks are not being restricted. So citing security reasons for doing this does not hold water.
    Agreed...I never understood an authority citing anything about terrorists and safety for dams or waters sources. If some group wants to destroy a structure or contaminate a water source then a sign or in some cases a fence will not do a thing. I guess they are trying to cover their tail by saying they did everything possible to prevent an attack?!?!?
    Signs and fences will stop law abiding folks but that's it....

    After 911 our local private lake (owned by Kentucky water) put a "safe zone" at the dam on the lake side. The barrier was a rope with volleyballs tied to it so the rope would stay afloat. All that did was keep members from fishing up to the dam...if someone wanted to do damage they wouldn't hesitate because of a sign or barrier. I guess the fear wore off because now we do not have a barrier.

  11. #11
    HURRICANEBOB Guest
    Terrorism and Security Issues Facing the
    Water Infrastructure Sector
    http://www.fas.org/irp/crs/RS21026.pdf

    Hydroelectric dams are attractive terrorist targets because of
    the potential for dramatic effects of the destruction of a major dam, the potential for downstream
    damage and casualties from flooding, and the potential for impacts on the overall electric power
    grid from the loss of generating capacity. Disruption of the facility without inflicting actual damage can
    be intended to interfere with facility operations and the overall operation of the interconnected
    power grid.

    http://info.publicintelligence.net/DHS-Dams-PI.pdf

    Small earthen dams are a vulnerable target as they have less security and and are primarily privately owned. But attack on a small earthen dam on creates effects in a locl are unlikely to effect the power grid. Currently, there are nearly 80,000 dams in the national inventory, most of which are privately owned. Less than 3 percent of those dams are owned by the Federal Government.

    U.S. DAMS: IS SECURITY SEEPING THROUGH THE CRACKS | Government Security content from American City & County

    • Buffer Zone Protection Plans (BZPPs): BZPPs identify
    and recommend security measures and local law
    enforcement coordination for the area surrounding a
    facility, making it more difficult for a potential attacker
    to conduct surveillance or to plan or launch an attack on
    Dams Sector facilities.
    http://www.dhs.gov/xlibrary/assets/nipp_dams.pdf

    TVA dams provide 6%, Corps of Engineers Dams 24% of the power genreated by hydroelectic dams.
    http://viktorvoksanaev.narod.ru/DHS-Dams-CV.pdf

  12. #12
    HURRICANEBOB Guest
    Quote Originally Posted by DJD View Post
    Agreed...I never understood an authority citing anything about terrorists and safety for dams or waters sources. If some group wants to destroy a structure or contaminate a water source then a sign or in some cases a fence will not do a thing. I guess they are trying to cover their tail by saying they did everything possible to prevent an attack?!?!?
    Signs and fences will stop law abiding folks but that's it....

    After 911 our local private lake (owned by Kentucky water) put a "safe zone" at the dam on the lake side. The barrier was a rope with volleyballs tied to it so the rope would stay afloat. All that did was keep members from fishing up to the dam...if someone wanted to do damage they wouldn't hesitate because of a sign or barrier. I guess the fear wore off because now we do not have a barrier.
    If you can't prevent it completely, you can atleast do those things that make it "more difficult".
    I hang a lock on my shed door. It makes it more difficult for the casual passerby who might want my mower. Can the lock be cut, door forced off, shed cut thru the side, or the whole shed yanked off its base and drug away by a diesel 4X4? Yep.......but those things are not easy and so that little rusty lock serves its purpose of reducing some part of the risk.

    Just casue you can't fix it all, don't mean you stop fixing what you can.

    Seat belts and airbags don't save everyone. Parachutes don't either, and insurance doesn't mean your house won't burn down. Locks don't stop all criminals, they stop the lazy one's so I can focus on the other bad guys. JMHO. Ya do what ya can with what you got or can afford.

    http://viktorvoksanaev.narod.ru/DHS-Dams-CV.pdf
    Exhibit 2 Site-Related Vulnerabilities
    Site-related vulnerabilities are conditions or situations existing at a particular site or
    facility that could be exploited by a terrorist or terrorist group to do economic, physical,
    or bodily harm or to disable or disrupt facility operations or other critical infrastructures.
    Access and Access Control
    1 Facilities typically experience large numbers of visitors due to associated waterbased
    recreation and, in some cases, the facility’s status as a tourist attraction.
    2 Facilities are typically accessible by road and larger facilities often have a road along
    the top, allowing possible vehicle-based attack. Vehicle barriers may not be in place.
    3 Facilities are typically accessible by water, allowing possible boat-based attack.
    4 Access to key assets such as control rooms, powerhouses and transmission
    equipment is generally controlled through gates, doors and fences; some of these
    barriers may need to be upgraded.
    5 Critical assets such as control areas may be close to the perimeter fence, allowing for
    a successful attack from outside the fence line.

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