Agenda - 04-12-2005-10a - Laserfiche WebLink

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Mr. Richard Hamilton Ms. Jean B. Manuele March 24, 2005 Page 2 By letter dated that same day, the Wildlife Resource Commission's Interagency Wildlife Coordination Chief, Mr. Frank Barick, wrote to OWASA: "We are pleased to advise that the terms specified in your letter of September 4, 1980 will in our opinion satisfy requirements of the Federal Fish and Wildlife Coordinating Act as they relate to mitigation of loss of fish and wildlife habitat resulting from construction of the proposed 480- acre Cane Creek Reservoir in Orange County. By copy of this letter we aze notifying the US Carps of Engineers so that they may be apprised of this development in their consideration of the issuance of the required 404 Pernut." The U.S. Army Corps of Engineers issued its 404 Permit to OWASA on July 28, 1981, including the condition that: "The fish and wildlife mitigation plan outline (sic) in OWASA's letter of 4 September 1980 be implemented to the satisfaction of the N.C. Wildlife Resources Commission." OWASA in fact did acquire and has reserved the 490-acre Tract for wildlife mitigation, and has allowed no other uses of that property. It is preserved as an entirely natural habitat for wildlife, in ful] compliance with OWASA's obligation to provide habitat to replace that flooded by the Reservoir. Further, since completion of the Cane Creek Reservoir in 1991, OWASA has allowed public fishing on the Reservoir during the months of April through October. (The Reservoir is closed for the cold weather season from mid-November through mid- March.) Because OWASA was unaware of any season for game that might be hunted on the Reservoir from April through October, and because hunting and fishing activities at the same time and at the same location would offer substantial public safety risks, OWASA has not allowed any public hunting on the Reservoir. Instead, the Reservoir has been managed as a wildlife preserve area for ducks and geese and as a public fishing resource. We believe that these activities fully comply with OWASA's duties to mitigate the lass of habitat for wildlife displaced by the Cane Creek Reservoir. OWASA notes that it acquired and has preserved and used the Reservoir and Mitigation Tract as described above for more than twenty yeazs without further inquiry, request, or notice, or any apparent interest, by the Wildlife Resources Commission (WRC). OWASA believed, and continues to assert that it has complied in good faith with the terms of the 404 Permit,