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The Navy vs Tundra Swans


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Time Line

June, 2000  - Navy published Notice of Intent to bring Super Hornets to the East Coast. No Outlying Landing Field is mentioned.

October, 2000 - Navy states that a new OLF will be considered to mitigate noise complaints from residents in Chesapeake and Hampton, VA living near existing OLF at Fentress Field.

August, 2002 - Navy releases draft Environmental Impact Statement (EIS) which lists Washington county as one of two preferred OLF sites. The environmental expert hired to prepare and draft the sections related to wildlife admitted to having never read the reports he cited and visiting the site only once, after the draft EIS was complete and when the birds were in the Arctic Circle.

September, 2002 - Navy changes requirement that OLF must be within 50 miles of base but refuses to re-examine sites in Virginia submitted because they are more than 50 miles from Oceana.

January, 2003 - Navy makes first visit to proposed site to evaluate birds.
July, 2003 ­ Final EIS released.

September, 2003 - Navy announces decision to locate Outlying Landing Field on 30,000 acres in Washington and Beaufort counties, North Carolina.

January, 2004 - SELC, on behalf of National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife, and Kennedy Covington, on behalf of Washington and Beaufort counties, file suit in federal district court against the Navy.

February, 2004 - Plaintiffs ask for preliminary injunction to halt all Navy action at the site of the proposed OLF until the merits of the case are heard.

April, 2004 - Judge Terrence Boyle grants preliminary injunction, ruling the conservation groups and the counties have a strong chance of prevailing in the case.

October, 2004 - Boyle rejects the Navy´s request to stay the preliminary injunction.

November, 2004 - Navy files motion to stay preliminary injunction with 4th Circuit of U.S. Court of Appeals.

January, 2005 - 4th Circuit of U.S. Court of Appeals grants the Navy´s motion to stay the preliminary injunction. Navy immediately condemns land for proposed OLF. Oral arguments on preliminary injunction scheduled for February 1, 2005.

January 19, 2005 - Plaintiffs and Navy make final oral arguments on issue of permanent injunction in U.S. District Court in front of Judge Terrence Boyle.

February 1, 2005 - Plaintiffs and Navy make oral arguments to 4th Circuit court of Appeals on issue of preliminary injunction.

February 19, 2005 - U.S. District Judge Terrence Boyle's ruled that the Navy distorted an environmental impact study to justify the construction of an airfield near a large waterfowl refuge in eastern North Carolina.

May 19, 2005 - The 4th Circuit Court of Appeals denied the Navy´s request to stay the injunction issued by a federal court.

July 20, 2005 - Hearing schedule for oral argument for Navy´s appeals on OLF case at the United States Court of Appeal for the Fourth Circuit, Richmond, Va.

September 7, 2005 - Fourth Circuit Court of Appeals rules on Audubon et al. vs Navy et al. The ruling affirms a lower court ruling that the Navy had failed to adequately address environmental issues as required by the National Environmental Policy Act. Court lifted portions of permanent injustion, allowing Navy to acquire land from willing sellers. The Navy is required to conduct more tests and research on birds and plans to conclude its supplemental environmental studies by early 2007.

December 7-8, 2005 - Navy attempts first flyovers at potential OLF sites C (Washington/Beaufort Counties) and D (Hyde County), experiencing near-misses with birds at Site C and canceling Hyde County flyovers after first run due to birds.

December 15, 2005 - U.S. District Court Judge Terrence Boyle approves the Navy's condemnation of more 11,000 acres in Hyde County. The condemnation gives the Navy four months of access -- via easements -- to sic tracts of land for study purposes.

January 10, 2006 - Navy cancels all flight tests in Hyde County, location of one alternate site for the OLF, due to concerns over bird collisions.

January 18, 2006 - Northeastern North Carolina Regional Economic Development Commission and North Carolina's Northeast Partnership, Inc. pass resolution that urges the Navy to include in the ongoing SEIS appropriate alternative sites in the Cherry Point MCAS economic region including Open Grounds Farm (Carteret County) and Oak Grove OLF and surrounding acres (Craven and Jones Counties).

May 16, 2006 -No-OLF held a "SUPPORT OUR STATE RALLY" in Raleigh, NC, with Kathy Hartkopf, Legislative Liaison for NC FreedomWorks/CSE, as master of ceremonies.  Speakers included:  Jennifer Alligood, Chairwoman No-OLF, US Rep. G.K. Butterfield, Sec. Bill Ross, NC Dept. of Envir. & Natural Resources (speaking on behalf Gov. Easley), Sen. Marc Basnight, President Pro-Tem NC Sen., Rep. Tim Spear & Rep. Arthur Williams - NC House, John Pechmann, Chairman NC Wildlife Resources Commission, Lloyd Goode, State Chairman NC Duck Unlimited, Rev. Dr. William J. Barber II, President NC NAACP, Chris Canfield, Executive Dir., Audubon NC, among others.

Aug. 30, 2006 – SELC send letter to Navy regarding Endangered Red Wolves identified at Navy’s proposed OLF sites

Oct. 25, 2006 – SELC Press Release: Environmentalists, Navy reach settlement on air space near proposed Outlying Landing Field

Dec. 7, 2006 – No-OLF Press Release: The US Fish and Wildlife Service has reported a record number of Snow Geese and Tundra Swans at the Pocosin Lakes National Wildlife Refuge (NWR), located just a few miles from the United States Navy’s proposed site for an outlying landing field (OLF).

Feb. 23, 2007 - Draft Supplemental Environmental Impact Statement (SEIS) released by US Navy

Feb. 23, 2007 - Gov. Easley says congress needs to withhold funding of OLF project until Navy considers suitable alternative

Feb. 23, 2007 - Rep. Butterfield - "I'm certainly disappointed with the decision, and I'm deeply concerned that the Navy continues to resist fulfilling its obligations to engage in a clear, full, fair and objective process carried out in the light of day."

Feb. 23, 2007 - Rep. Price -The Navy has apparently continued to brush off numerous concerns about the damage that its chosen location could do to North Carolina's Pocosin Lakes National Wildlife Refuge, and continues to downplay the severe risk the birds native to the area could pose to Navy and Marine Corps aircraft using the OLF.

Feb. 23, 2007 - State Sen. Basnight - I implore you to instruct the Navy to halt this futile exercise and work with the people of North Carolina toward an acceptable solution for all.

Feb. 27, 2007 - State Rep. Williams - Please do everything you can to remove the funding for this OLF, and remind the Navy who they really work for.

Feb. 28, 2007 - State Rep. Spear - I urge Congress to withhold funding for this project as submitted and to direct the Navy to construct an alternative facility elsewhere

March 16, 2007 - ‘Under no circumstances should this chemical be used in proximity to tundra swans, snow geese or any other migratory waterfowl,’ said Wes Seegars, chairman of the state Wildlife Resources Commission, in his letter to our congressional delegation.

March 16, 2007 - Gov. Mike Easley today sent a letter to state environment, public health, business and agricultural leaders and organizations warning of the danger posed by an illegal pesticide that the U.S. Navy proposes for control of birds at the Pocosin Lake National Wildlife Refuge near where the Navy wants to build an outlying landing field.

March 19, 2007 - Dale Hall, Director of U.S. Fish & Wildlife Service, at an OLF public hearing in NC, stated "..we are concerned that the conclusions the Navy has drawn are more definitive than the data can support."

March 21, 2007 - NC Agriculture Commissioner Steve Troxler today sent a letter to U.S. Navy Secretary Donald Winter urging him to consider alternative sites for the proposed outlying land field in North Carolina.

March 28, 2007 - Washington DC - Congressman David Price (NC-04) urged the Navy to come back to the drawing board with North Carolina officials to find an alternative site for the Outlying Landing Field.

March 30, 2007 - In a letter today to Secretary of the Navy Donald Winter, Third District Representative Walter B. Jones (R-NC) asked the Navy to reconsider its preference to locate an Outlying Landing Field (OLF) at Site C in Washington County, North Carolina, citing concerns that Site C poses significant risks to pilots, planes, wildlife and taxpayers.

April 4, 2007 – Rep. Robin Haynes, member of Arm Service Committee, writes a letter to the Secretary of the Navy Donald Winter, quote from letter, "I strongly urge the Navy to look at alternative Outlying Landing Field sited in North Carolina, where there would be less potential aviation safety issues and severe impact on wildlife."

April 9, 2007 - Senator Richard Burr in a letter to Secretary of the Navy Donald Winter, rejects Site C as the Navy's preferred location.

April 16, 2007 – Rep. Brad Miller, In a letter to the Donald Winter, Secretary of the Navy, stated “I believe strongly that it is premature for the Navy to proceed with plans to construct the OLF at Site C until a thorough review of all available locations in the state are considered.”

April 16, 2007 – Rep. Brad Miller wrote a letter to The Honorable Chet Edwards, Chair U.S. House of Representatives Committee on Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, “I request that you withhold funding for the OLF Site C from the House’s FY 2008 Military Construction, Veterans Affairs, and Related Agencies Appropriations bill.”

April 17, 2007 – Senator Elizabeth Dole wrote a letter to the Sec. of the Navy Donald Winter, “...the Navy must withdraw its recommendation for an OLF in Washington County, and focus on operationally viable sites in North Carolina where environmental and other problems are very limited, and where residents are more receptive to such a facility and its potential for long-term economic development. I will oppose funding for an OLF in Washington County, as well as other potential sites that fail to meet these standards.”

April 30, 2007 - Congressman David Price, Brad Miller, Mel Watt, Bob Etheridge, Mike McIntyre, Heath Shuler joined Butterfield in signing a letter to House Appropriators asking that as part of the FY 2008 Military Construction Appropriations bill, the Secretary of the Navy would be directed to examine alternatives sites.

May 2, 2007 - On the heels of a meeting with Navy Secretary Donald Winter regarding the proposed Outlying Landing Field, Congressmen G. K. Butterfield and David Price have requested an extended 45 days period beyond the current May 9, 2007 deadline for alternative sites to be investigated.

May 9, 2007 – Comment Period ended on the Navy’s Draft Supplemental Environmental Impact Study (DSEIS).

May 9, 2007 - Congressmen G. K. Butterfield and David Price today applauded legislative language included in the national defense authorization bill that bars the Navy from building an outlying landing field at a site in North Carolina's Washington and Beaufort counties. The language, included in the National Defense Authorization Act of 2007, specifically repeals the authorization of funds and future funds for an outlying landing field (OLF) at the site in Washington and Beaufort counties.

May 17, 2007 - Washington DC - The US House passed the FY 2008 National Defense Authorization Act, by a 397 to 27 vote, repealing the authorization to construct an outlying landing field (OLF) at the site identified by the Navy in Washington and Beaufort counties at Site C in North Carolina.

May 24, 2007 – Washington, DC - the US Senate Armed Service Committee passed the FY 2008 National Defense Authorization Bill, repealing the $10.06 million requested by the Navy for the construction of an outlying landing field (OLF) in North Carolina. No funding will be made available for any of the five potential OLF locations that have been selected.

June 3, 2007 - Charlotte, North Carolina, the Executive and Central Meeting of the North Carolina Republican Party passed a resolution in opposition to the location of an Outlying Landing Field in northeastern North Carolina.

June 15, 2007 - Washington, DC - the House of Representatives passed by a vote of 409 - 2 that none of the funds in shall be used for any activity related to the construction of an Outlying Landing Field in Washington County, North Carolina.

On June 6, 2007 - Washington, DC - the committee of Construction and Veterans Affairs Appropriations Bill voted to block the funds for OLF in Washington Co. where it was moved to house floor. Both North Carolina Congressmen Butterfield and Price succeeded to include the prohibition of the funds in the bill.

October 2, 2007 - Washington, DC - the United States Senate passed the Defense Authorization Bill that omitted the Navy’s funding request of 10.6 million dollars for an outlying landing field (OLF) in Washington and Beaufort Counties.

December 12, 2007 - Washington, D.C. - U.S. House of Representatives passes Defense Authoriation bill for 2008 by a 370 to 49 vote, closing the door to the Navy for any funding for Site C.

December 14, 2007 - Washington, D.C. - U.S. Senate Passes Defense Authoriaton bill for 2008.

December 29, 2007 – President Bush used a pocket veto to shelve the 2008 National Defense Authorization Act, which includes a section that eliminates funding for the Navy’s proposed outlying landing field in Washington County.

January 16, 2008 – The House again approved the FY 2008 National Defense Authorization bill, taking the first step toward overriding President Bush’s veto.

January 22, 2008 – The Navy announced it is abandoning its plans to build an outlying landing field in Washington and Beaufort counties, along with Craven, Bertie, Hyde, and Perquimans counties in North Carolina. The Navy will consider two new sites in NC – Sandbanks in Gates County and Hales Lake in Camden/Currituck counties – and three in Va. – Cabin Point, Mason, and Dory.

BASH Expert Letter - Ronald L. Merritt Ron Merritt's letter to Sec. of Navy warning the Navy that the bird avoidance study was flawed and that site C is a poor choice of sites. BASH Expert Letter - Jeffrey Short Jeffrey J. Short, Colonel (ret.) USAFR -25 years of BASH expert - letter to Deputy Ass. Sec. of Navy - In 25 years I cannot recall a worse place to situate an airfield for jet training. NC Gov. Easley Committee Report Sum. N C Governor Mike Easley recognizes the need for an OLF (Outlying Landing Field) Study Committee. Draft Report of Gov. OLF Study Committee NC Governor 's OLF Study Committee Draft Report relaesed May 21, 2004 Highlights of Judge Boyle's Order Highlights of U.S. District Court Judge Terrence Boyle's Order Granting a Permanent Injunction Against the Navy - February 18, 2005 Depart. Of The Navy - Admiral Natter's letter Admiral Robert J. Natter, Commander In Chief U.S. Atlantic Fleet - October 30, 2000,  It is precisely because of community concerns over jet noise that we are ...