Our Latest Victory is a BIG ONE,
Read about it in the Tidewater Review: (reprinted by permission*)
Feb 27, 2008 issue
City pushes reservoir financing
By FRANCES HUBBARD
Tidewater Review Staff Writer
KING WILLIAM — Having the floodgates closed on its land acquisition process late last year has not halted Newport News’ plans.
The city seemed to be taken off guard in November of 2007 after the Board of Supervisors voted against using revenue bonds to fund the land acquisition process, threatening legal action and claiming that the county did not fulfill its “essential obligations.”
Now, a new proposed financing agreement has some skeptics saying the city is simply trying to float around the issues, again.
“This proposal looks like it’s been enacted in good faith,” King William resident Garrie Rouse said. “On the surface it looks good but really it’s just changing who we owe money to – $20 million to VRA or $20 million to Newport News.”
The board reviewed the proposed Interim Project Financing Agreement Monday night in closed session. Randy Hildebrandt, Newport News City Manager, had planned to present the agreement to Newport News City Council last night but after receiving several changes to the agreement from the county Tuesday morning, he said the council would take no action at this time.
“It’s modeled after a similar agreement in 1999 after the city had to suspend the land acquisition process because of the federal permitting process,” Hildebrandt.
The Board of Supervisors chose last year not to use $20 million worth of revenue bonds to purchase land for the reservoir because it believed the project still had too many uncertainties. Board members stated they didn’t want to be left with the property and then no way to pay back the loan if the project fell through.
The city claimed in a letter to the county threatening legal action dated December 4, 2007 that any delay would have serious financial impacts.
The city claims in the proposed financing agreement that based on discussions with the county both parties agree that an interim agreement is the best way to keep the land acquisition process on schedule.
The original agreement states that the county will purchase the 3,000 acres in over 100 parcels needed for the reservoir pool and be reimbursed immediately by the city. The properties will remain in the county’s name and lease payments on the land will be suspended during this time.
“This allows the county to have more time to decide how to fund the land acquisitions,” Hildebrandt said. “We are asking them to do that by the time the project’s state permit is renewed because by that time we will be moving towards construction.”
Which means, the county must reimburse the city for the land before 2012 when the State Water Control Board is set to review the project and decide whether or not to renew its Virginia Water Protection permit. The county will then have to decide which financing method, such as the one denied late last year, to use.
“We’re in a sense, kind of their banker for the time being,” Hildebrandt said.
The county did not want to comment on the proposed agreement at this time. “The county and the city have been talking,” County Administrator Frank Pleva said. “The board hasn’t approved anything yet. Any comment at this time would be premature.”
The county was asked to fund the purchase of the property based on the PDA signed on November 13, 1990. The previous Board of Supervisors that signed the contract 17 years ago obligated future boards to live up to the terms of the agreement.
Opponents of the reservoir applauded the county’s decision in November, seeing no reason to move forward with the funding at this time.
Newport News has spent millions of dollars battling opponents of the reservoir, which it believes will satisfy the future water needs of the Peninsula. The city received its state permit in August 2004 and its federal permit in July 2005 after previous denials from both agencies.
The site for the reservoir pool is located near Cohoke Creek, between Routes 30, 626, and 633. A dam will run along West Rose Garden Road, parts of which will be rerouted.
Construction on the project was expected to begin in 2012
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*Courtesy the Tidewater Review. The Tidewater Review is a newspaper in West Point, Virginia and has been in publication for 118 years, covering the counties of King William, King & Queen, New Kent, and the Town of West Point.
Supes sink reservoir bonds for the time
City asked to stop land acquisitions
By FRANCES HUBBARD
Staff Writer
Tidewater Review 11/21/2007
KING WILLIAM — Supervisors decided last week to hold off on using $20 million worth of revenue bonds to purchase land for the reservoir project, pleasing opponents who still believe the water source is unmerited.
“We're very pleased King William took the right step,” said Glen Besa, Regional Director of the Sierra Club Appalachian Region. “The reason this project has had so many difficulties is that it has no merit. The water is not needed, the project is destructive, and it's time for Newport News to reevaluate its position.”
One day prior to the deadline, the Board of Supervisors voted unanimously to not join a fall pooled-bond program during a special called meeting after having tabled action on the decision twice in the past two months. The board had previously stated it believed its best option for financing the real property for the King William Reservoir project to lease to Newport News was through a pooled revenue bond, which would include $10 million this fall and $10 million some time next year.
“There were just too many uncertainties in the project,” said Supervisor Eugene Rivara, who made the motion to not get into the pool right now. “We also agreed to draft a letter to Waterworks respectfully requesting them to cease the acquisition of property until all permits are in hand.”
Newport News has worked to acquire pieces of the 3,000 acres in over 100 parcels of land needed for the King William Reservoir pool on and off for the past few years. The city acquired 10 parcels in 1999, but had to put the process on hold because of permitting issues.
The Board of Supervisors was asked to fund the purchase of the property based on the King William Reservoir Project Development Agreement (PDA) signed on November 13, 1990. The previous board that signed 17 years ago obligated future boards to live up to the terms of the agreement.
“We do have all our permits in hand so we don't need to wait,” said Newport News Waterworks Project Manager Ron Harris.
At the public hearing held in September, several citizens raised concerns over the unknown urgency of the financial move and questioned the stability of the project, suggesting that King William County would wind up stuck with thousands of acres of property and no way to pay back a loan if the land is purchased now.
Speakers at the public hearing mentioned how the project is currently involved in multiple legal battles and is expected to receive a full review by the State Water Control Board in 2012, at which time the state agency could revoke the project's permit for construction.
“We didn't see a reason to purchase property for the reservoir so early in the permitting process,” said Supervisor Frank Adams.
Citizens were hoping the board would choose to use a general obligation bond, which needs approval from voters through a referendum, instead of the revenue bonds, which do not need voter approval and were surprised by its decision to hold off completely last week.
“No one can answer the question what would happen to all that land if the project is not approved,” Besa said. “It was very prudent of King William not to buy that land at this time.”
Newport News has spent millions of dollars battling opponents of the reservoir, which it believes will satisfy the future water needs of the Peninsula. The city received its state permit in August 2004 and its federal permit in July 2005 after previous denials from both agencies.
The site for the reservoir pool is located near Cohoke Creek, between Routes 30, 626, and 633. A dam will run along West Rose Garden Road, parts of which will be rerouted. Construction on the project was expected to begin in 2012.
“You've got to believe. We just have to believe against all odds we are going to win,” Besa said. |
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Courtesy the Tidewater Review. The Tidewater Review is a newspaper in West Point, Virginia and has been in publication for 118 years, covering the counties of King William, King & Queen, New Kent, and the Town of West Point.
Wednesday, Nov 14, 2007 - 12:08 AM
King William won't seek bond money for reservoir
http://www.inrich.com/cva/ric/news.apx.-content-articles-RTD-2007-11-14-0180.html
Or Click Here
Oct 23, 2007 Reservoir bond measure tabled
King William board decides to wait until after election to act
Read about it online at the Richmond Times Dispatch:
http://www.inrich.com/content/cva/ric/news.apx.-content-articles-RTD-2007-10-23-0091.html
Or Click Here
KING WILLIAM RESERVOIR PROJECT - FINANCING OF REAL PROPERTY ACQUISITION (click here for more information)
Oct 6 , 2007 - Action Alert (PDF Version)
Don’t let Newport News Suspend Our Democracy in King William County
- Call your King William Supervisors Today! (names & phone #s)
- Attend the Board of Supervisors meeting October 22 at 7 PM at King William County Administrative Bldg, 180 Horse Landing Road (talking points)
- Attend upcoming candidate forums and ask the candidates where the stand on the King William Reservoir and what they plan to do about it. (talking points)
Walk in the parade with The Alliance to Save the Mattaponi
At the West Point Crab Carnival!
October 6, 2007, parade starts @ 1:30, line-up on Kirby St. @ 1:00
View/Print/Distribute our Flyer (pdf)
This is the 11th year that the Alliance has walked in the parade at the Crab Carnival to oppose the proposed King William Reservoir.
This year we have 20 shad fish windsocks on bamboo poles, a 50 ft. Save the Mattaponi banner that takes 8 people to handle, numerous hand-made signs and our old 10 foot banner to carry in the parade. So come down and show your support for stopping the Reservoir and walk with us!
Each year we have also set up a booth to keep the public informed. You can find our booth towards the corner of 10th and Main Sts., close to the Episcopal Church.
We will be selling T-shirts and letting people know the latest actions they can take to help continue the fight against the Reservoir.
Don’t let Newport News steal the Mattaponi River!
For more information about the Westpoint Crab Carnival and events scheduled click here .
Don’t let Newport News Suspend Our Democracy in King William County
9/25/07 Update: We had some great success speaking out against this bond issue and postponed the vote at least one month and perhaps permanently. Thanks to all that came out and spoke and showed their support for King William County, Their People, Their Lands and Their Water.
9/25/07 Richmond Times Dispatch Article
9/26/07 Tidewater Review - Reservoir funding not urgent, citizens say
Click Images below to enlarge and read, or for faster loading text version, click here.
Courtesy the Tidewater Review. The Tidewater Review is a newspaper in West Point, Virginia and has been in publication for 118 years, covering the counties of King William, King & Queen, New Kent, and the Town of West Point.
The Alliance to Save the Mattaponi is an all volunteer grass routes organization dedicated to Saving the Mattaponi River by Stopping the King William Reservoir.
Alliance is an independent organization representing over 1300 citizens, families, organizations, and businesses who have contributed to our fight to protect the Mattaponi River from the King William Reservoir. We will continue to act cooperatively as well as independently with several regional, national, and international environmental organizations, land owners, farmers, corporations, legal teams, civic organizations, and Native American tribes dedicated to the common goal of stopping The proposed King William Reservoir.
The Mattaponi River is the most pristine fresh water tidal river left in Virginia. It is the home of huge fresh water tidal wetlands and is the most important shad spawning ground in the state. The river and the Cohoke Creek valley are threatened by a massive reservoir by Newport News, a city 60 miles away. The reservoir would destroy 400 acres of wetlands – the greatest destruction in the eastern US since the adoption of the Clean Water Act in 1972. It would remove up to 75 million gallons of water per day from the Mattaponi River, impound 12.2 billion gallons, and flood over 1500 acres of the Cohoke valley. It would interrupt 21 miles of free-flowing streams, drown 1,526 acres of wildlife habitat, disturb 1,089 acres of upland habitat, destroy a federally protected 17-nest great blue heron rookery, likely impact bald eagles, impact federally protected sensitive joint-vetch plant colonies and small whorled begonia plants, increase river salinity, cause erosion, impact submerged vegetation, and cause losses to already collapsed and hopefully recovering populations of shad, river herring, and eels. We believe the reservoir violates a 1677 treaty with local Native American Tribes which has protected their culture for 330 years.
For over a decade, Alliance has been to all public meetings, and opposed all state and federal permits needed for the reservoir. We, together with our allies, have been represented by the dedicated legal staff at Southern Environmental Law Center in both Virginia and soon, federal courts. Alliance, and our fellow organizations, have achieved victories with the Army Corps of Engineers, the Virginia Marine Resources Commission, and the Water Control Board. We intend to stop the reservoir. Help us help the river. Send money. Come to the hearings. Write letters to newspapers.
Thomas C. Rubino Alliance to Save the Mattaponi
August 1, 2007 - Great News (Reprinted by permission):
Tribe can sue EPA
By FRANCES HUBBARD
Tidewater Review Staff Write
KING WILLIAM – A judge recently ruled that the Mattaponi Indian Tribe can move forward in its case against the Environmental Protection Agency (EPA) for not stepping in and revoking Newport News’ federal permit to build the reservoir.
“The judge said we could in fact sue the EPA for acting arbitrarily and capriciously by failing to veto the city’s permit,” said Emma Garrison, an attorney representing the tribe.
Last week, the tribe filed an amendment to its original complaint to include the EPA. Garrison said the filing was a part of an ongoing lawsuit in the federal court in Washington D.C. that was initially filed by three environmental groups against the Army Corps of Engineers last year.
The tribe and the environmentalist groups argue that the Army Corps violated the Clean Water Act and the National Environmental Policy Act by issuing a permit for the King William Reservoir in late 2005. Garrison said since the EPA has the right to veto the permit, they are also in violation of both acts.
“Our argument is that this project so clearly violates the Clean Water Act and adversely affects the environment that the EPA should have invoked its veto,” Garrison said.
On May 20, 2007, Judge Henry H. Kennedy, Jr. issued an order denying the United States’ motion to dismiss EPA as a defendant and allowing the tribe and environmental groups to sue EPA for its failure to use its authority under the Clean Water Act, Garrison explained. The judge subsequently denied the EPA’s motion to reconsider and ordered the tribe to amend its complaint consistent with the court’s ruling.
“Last week’s filing is in response to the Court’s order,” Garrison said. “The substantive briefing of the case will begin this fall and the parties are currently working together to decide on a schedule.”
Earlier this year, the tribe reached a settlement agreement in the amount of $650,000 in a related lawsuit, which was pending in the Norfolk division of the Virginia Circuit Court against the City of Newport News and alleged violations of state law and the Treaty at Middle Plantation of 1677.
“The Tribe has no intention of settling the federal lawsuit, however, and its opposition to the King William Reservoir remains strong,” Garrison assured. “The Tribe chose to enter into a settlement agreement with the City of Newport News because, as the case approached trial, it became an increasing distraction for the Chief and Tribal Council and was a significant drain on the tribe’s time and resources.”
The state lawsuit also involved claims that the reservoir would violate the 1677 Treaty at Middle Plantation.
“The Treaty belongs to all of Virginia’s Indian Tribes, not just the Mattaponi, and the Mattaponi Tribe was uneasy about risking an adverse decision that would affect other tribes,” Garrison said.
Attorneys will submit briefs to the federal court in the fall on the case against the Corps and EPA. Garrison expects oral arguments to take place some time next year.
Courtesy the Tidewater Review. The Tidewater Review is a newspaper in West Point, Virginia and has been in publication for 118 years, covering the counties of King William, King & Queen, New Kent, and the Town of West Point.
Our Latest Victory
On September 6, 2006, the State Water Control Board, denied the City of Newport News a five year extension of its Virginia Water Protection permit. This critical denial now compels Newport News to re-apply for this VWP permit in 2007. As a result, Newport News must demonstrate the need for the reservoir and prove that it is minimizing environmental impacts. In 2007, we have a real opportunity to finally defeat the King William Reservoir. The effort will be considerable, the expenses for qualified studies will be considerable as well.
Help Stop the King William Reservoir
This river cannot protect itself. To fund the effort to Stop the Reservoir in 2007, Alliance to Save the Mattaponi has launched a major campaign to raise $100,000 in both 2006 and again in 2007. Our all volunteer organization needs funds for legal expenses and scientific studies. We are seeking small donations which are critical to success, but for this final effort we are seeking larger private and corporate donations as well. For more details on this effort or to contribute, please click here! |
