Current Info: 

 

Sun Jan 23 2007- Waterfront Development Proposes Closing the Towhead Channel.

It has been learned that WDC has now officially proposed closing The Towhead Channel that runs  between Towhead Island and The Harbor. This is in response to USCG objections to the planned marina at Riverpark Place. WDC has now proposed 100+ additional floating docks spaces along the Towhead Channel bank in its review request to the U S Coast Guard. This proposal was first presented to The Corps late last year by Nugent Sand. At the time, it was vehemently opposed by U of L, WDC, and The developers. (see Oct 3 200 - Island Dock Plan Has Some Worried )

This astonishing turn of events completely reverses WDC's well publicized opposition to the Nugent proposal. At the time, safety, congestion, and negative effects on recreational interests, especially the U of L Rowing Team were cited. Since public safety has never been known to deter WDC from their goals and rumor has it that Nugent's possession  of Towhead Island is being threatened by the same condemnation/annexation technique Louisville Metro employed to "buy" The Big Four Bridge, this  reversal is not surprising. It seems WDC will say anything to advance its proprietary agenda, even if it presents a clear and irrefutable danger to the public. 

Instead of enhancing navigational safety as currently presented by Louisville Metro, this proposal would do exactly the opposite. Closing this channel will restrict access one of the very few lower pool safe havens available to Ohio River boaters in the event of sudden turns in the weather or mechanical failure. It also closes the only protected route to and from Waterfront Park that does not conflict with the commercial navigation channel. Sailing vessels will be effectively barred from the channel altogether as their deeper draft excludes most from entering through the shallows at the eastern end near Beargrass Creek.

If this proposal is allowed, all vessels visiting downtown will be forced to either cross the commercial sailing line twice, cruise perilously close to the barge fleet and shoals of Towhead Island, or unlawfully cross the channel at a very shallow angle at the critical "point of no return" where commercial tows are committed to their downriver approach to the McAlpine locks. Instead of creating separation as intended, the loss of the existing alternate route will actually increase conflict between recreational vessels and commercial traffic.  This situation will be even more egregious at night when many boaters are known to cruise the area to visit the shore side restaurants or leave events on the waterfront. 

Another  byproduct of this insanity would be that In addition to the safety risks posed to the boating community, the U of L Rowing Team would also suffer. Closing the channel altogether will  increase conflict between the rowers and other recreational vessels to an much higher and even more unacceptable level as the original WDC proposals. (see our USACE Comment and Additional Comments )  As Coach Ruggier said in the Oct 3 article, "It would kill all recreation in that area… It would render the channel useless for our purpose." This is what WDC now supports. 

Coach Ruggieri's vocal opposition of the Nugent proposal was obviously orchestrated. As a result, the University of Louisville has also been inadvertently dragged into the special interests mud of incompetent WDC Marine asset management. The developers have once again used a group of well meaning citizens to advance their goals and then abandoned them. The University of Louisville now joins The Louisville Harbor Association, The Louisville Rowing Club, and The Butchertown Neighborhood as casualties of governmental greed.  As with all of the recent WDC marine infrastructure proposals, there are other serious conflicts with the public interest.

As defined by The Rivers and Harbors Act, The Towhead Channel is a navigable public waterway and not under the jurisdiction of WDC or the City of Louisville. It can only be closed by  an affirmative act of Congress, or by The Secretary of The Army upon recommendation by the Chief of Engineers USACE. This is  rarely done and requires clear public benefit and a high degree of engineering justification. In this case, as with all of the related proposals to date, none exists. This alone calls into question the legality of selling deeded slips within the Towhead Channel... i.e. those at the lower end of the proposed marina that have already been "sold". This same legislation also prohibits the alteration of existing harbor lines within a breakwater "unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same". This effectively bars the USACE Louisville District from unilaterally authorizing the proposed marina at Riverpark Place. The public, especially the boating community, continues to be victimized by unlawful WDC policies and actions. 

Despite legal prohibitions and repeated calls from concerned citizens, the boating community, and the United Stated Coast Guard,  WDC has successfully lobbied various regulatory agencies, including the KY Division of Water, MSD, and the USACE Louisville District,  to ignore local, state, and federal regulations that encourage public hearings on this initiative. We believe WDC will continue to block any public hearings meant to address safety, operational, ethical, and legal issues presented by their incompetent wetlands and marine asset management strategies.