Ltg. Robert L. Van Antwerp Commander & Chief of Engineers 441 G Street NW Washington, D.C. 20314-1000
Mike D. McDaniel, Ph.D. Secretary La. Dept. of Environmental Quality P. O. Box 4301 Baton Rouge, LA 70821-4301
Jerome Zeringue Terrebonne Levee and Conservation Dist. 220-A Clendenning Road Houma, LA 70363
Col. Richard Wagenaar New Orleans District Commander U. S. Army Corps of Engineers P. O. Box 60267 New Orleans, LA 70160-0267
Stephen L. Johnson, Adm. U.S. Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Ave., N.W. Washington, D.C. 20460
Johnny B. Bradberry, Secretary La. Dept. of Transportation & Development 1201 Capitol Access Road P. O. Box 94245 Baton Rouge, LA 70804
Dear Gentlepersons:
Please be advised I represent SOWL whose Louisiana members will be adversely impacted by above captioned project. This is notice of intent to sue under the Clean Water Act, Administrative Procedures Act, Endangered Species Act, Equal Access to Justice Act and also under the Louisiana Public Trust Doctrine for following reasons:
SOWL joins with the objections to the “Leaky Levee” Morganza proposal as stated by the Louisiana Coastal Area (LCA) Program Science Board Report. December 13-14, 2006 and as submitted to the Program Management Team, January 5, 2007.
SOWL quotes:
“1. There are large uncertainties about the effects of leaky levees on enclosed tidal wetlands, including the degree of interference with water-level variations, vertical soil accretion and migration of fishery species; entrapment of saline waters if overtopped or breached and fresh waters from storm water runoff; and other water quality issues. Although they were designated to stabilize vertical fluctuations of water level, marsh management schemes have often had deleterious effects on wetland sustainability, fishery habitat value and entrapment of saline or fresh water.
2. Cases where a large portion of the estuaries basin is enclosed by a leaky levee (e.g., the Barataria Basin) are more problematic than where small areas of wetlands are so enclosed because of the technical and practical challenges of managing large volumes of water exchange.
3. The compensation of diminution of sediments subsidies from the marine side by river diversion into the upper basins, as envisioned in the State Master Plan, is an intriguing but untested concept.
4. Strong state laws and policies would be required to present development of low-lying areas protected by leaky levees. Otherwise, expanded development in subsiding polder would just bring more disasters.
5. Despite the existence of leaky levees, for example along portions of the Morganza-to-Gulf alignment, surprisingly little scientific information is available on their effects on tidal exchange, sheet and subsurface flow, water-level fluctuation, wetland soil and plan dynamics, water quality, and ingress and egress by fishery species. Evaluation of these effects through field research, monitoring, and modeling should be a very high priority.
6. In some regions the leaky levees have alignments that take into account physical processes and long-term evolution of the landscape. In others, the alignments appear to be determined primarily for human infrastructure or political reasons. Where leaky levees are adopted, the alignments should be based on assessment of how the landscape will evolve around the new obstructions.”
Finally SOWL repeats the objections to the “Leaky Levee” Morganza Proposal as stated in the letter dated march 13, 2007 signed by sixteen (16) leading coastal scientists-engineers to Gov. Blanco and Lt. Gen. Carl Strock and attached hereto as Exhibit “A”.
Sincerely,
Cc: Alberto R. G Gonzales – United States Attorney General
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