The Wilmington District of the US Army Corps of Engineers began the reconnaissance study for the new channel in the Cape Fear River in mid-2009. NoPort Southport has learned that the portion of the study that determines whether there is a “Federal interest” in the project, called the “section 905(b) analysis,” has been completed and has been sent to the South Atlantic Division for approval, which is expected in May.

          The section 905(b) analysis has not been released, even after request by Congressman Mike McIntyre.  A draft dated February 2010 has been supplied to an agency of the State of North Carolina, where it became subject to the North Carolina Public Records law.  NoPort Southport has discovered that draft, and it is posted here.  It is an awful piece of work.

               Wilmington District section 905(b) report, draft dated February 2010.  

               Critical Review of the Wilmington District section 905(b) report draft. Revised 

           The Wilmington District Analysis includes benefits that cannot be counted according to law, section 904 of the Water Resources Development Act of 1986.  NoPort Southport has filed a complaint with the Inspector General of the Corps of Engineers about that.  The District's report also recommends channel turns not complying with Corps of Engineers standards.  NoPort Southport has requested the Division Commander of the South Atlantic Division to reject the District's report.  Letter dated April 22, 2010.

           NoPort Southport had previously arranged for preparation of a report of the issues that would properly be examined in a study pursuant to section 905(b) of the Water Resources Development Act of 1986.   The first draft is posted here.  We invite comparison with the Wilmington District section 905(b) report.

Economic and Environmental Issues (summary)

Economic and Environmental Issues (full report--7.6MB)

         Using the Freedom of Information Act, NoPort Southport has obtained these comment letters from Federal and North Carolina agencies:

US Environmental Protection Agency

US Fish and Wildlife Service

US Marine Fisheries Service

North Carolina Department of Cultural Resources

North Carolina Department of Environment and Natural Resources Division of Coastal Management

North Carolina Department of Environment and Natural Resources Marine Fisheries Division

North Carolina Wildlife Resources Commission

Coastal Water Watch and Partners for Peace

          An important issue in the reconnaissance study is the ability of large vessels to navigate the turn in the channel at Southport.  This report shows that a channel with turns conforming to Corps of Engineers design criteria cannot be fit in the Cape Fear River.

A Look at the Channel Turns in the Cape Fear River

          Using the Freedom of Information Act, NoPort Southport has obtained this report of a ship simulator study conducted prior to the dredging of the channel to its present depth in 2000-2004.  The study shows that even the vessels using the channel now cannot navigate that turn without leaving the marked channel.

Ship Simulator Study

The Public Participation Issue

         The reconnaissance study is being conducted in secret. The Wilmington District has provided on its Web site an address for comments, and solicited comments from Federal and State of North Carolina environmental agencies (with a due date of November 20, 2009), but provided no information on which to comment. The District has advised that no response to such comments would be provided.

          Upon request by NoPort Southport for access to the study, such as participation in meetings and an opportunity to comment on drafts, such access was denied and continues to be denied.

        The Wilmington District has advised that the report will not be disclosed in any form until it has been approved by the South Atlantic Division. There will be no opportunity for public scrutiny or scrutiny by other Federal or State agencies. Upon such Division approval the report would be final, and would represent the position of the Corps of Engineers. Comment would then be futile.

          With the report and its conclusions so fixed, Congress and the sponsoring State agency would be asked to appropriate several million dollars for a full feasibility study. The first opportunity for public participation in that study would not come until the release of the draft environmental impact statement, many years into the study.

          Draft decision documents are subject to an exemption from the Freedom of Information Act, and cannot be discovered by legal proceedings. NoPort Southport asked Congressman Mike McIntyre to obtain the release of the reconnaissance study before it became final, and opportunity to comment remained. Mr. McIntyre, by letter of January 14, 2010, so requested the Wilmington District to make the report available to the public.

          The Wilmington District denied the Congressman’s request. By letter of January 22, 2010, the Wilmington District confirmed that the study would be withheld from public view until after approval of the South Atlantic Division was received.

          In response to a query by the Associated Press, Congressman McIntyre issued this statement on February 17, 2010.

          NoPort Southport has prepared a memorandum on the need for transparency in the development of these decisions, citing a Presidential directive and Corps of Engineers regulations. Only a transparent process can give the public confidence in the integrity of the decision. Secrecy breeds suspicion, and we are suspicious.