October 3, 2003

1) TCWN Working for You! New Antidegradation Regulations Passed!
2) ACTION ALERT: Big South Fork Mussel Recovery EA Available for Comment
3) PUBLIC PARTICIPATION OPPORTUNITY: Group 2 Watershed Meetings
4) PUBLIC PARTICIPATION OPPORTUNITY: TDOT Public Meetings
5) PUBLIC PARTICIPATION OPPORTUNITY: Southern Forest Resource Assessment Public Meetings
6) EVENT: Southern Appalachian Man and the Biosphere Fall Conference
7) EVENT: Source Water Protection Workshops
8) NEWS: New EPA Rule Allows Municipalities to Pollute Water with Pesticides
9) RESOURCE: "Where Rivers Are Born" - New Report Available
10) PUBLIC NOTICE: Second Proposed Final Version of the 2002 303(d) List
11) PUBLIC NOTICE: Draft TMDLs Available
12) PUBLIC NOTICE: TDEC Mining Section NPDES Permits
13) PUBLIC NOTICE: Aquatic Resource Alteration Permit (ARAP) Notices
14) PUBLIC NOTICE: US Army Corps of Engineers Nashville District Permit Notices
15) Show Your Commitment to Protecting and Restoring Tennessee's Watersheds...Join TCWN Today!

1) TCWN Working for You! New Antidegradation Regulations Passed!
On September 23, the Water Quality Control Board approved revisions to Tennessee's Water Quality Standards (1200-4-3 and 1200-4-4). Included in these revisions are new rules to protect higher quality waters from pollution. Known as the "antidegradation statement," these new rules will require the state to conduct a thorough review of pollution-prevention alternatives whenever a permit for a new or expanded discharge is requested for a "high quality" water. In addition, this system must actively involve the public in decisions about these discharges.

"High quality" waters are those waters in the state that have exceptional water quality, recreational, scenic, or ecological values. These include many of the rivers, streams, and lakes that citizens of Tennessee cherish and enjoy. Additionally, these waters contribute significantly to the state's economy, particularly as recreational and tourism resources. The proposed antidegradation rules will protect these important waters by requiring permit applicants to prove that there is no reasonable alternative to the pollution and that there is a social or economic necessity for allowing the degradation.

This is an important step for the protection of Tennessee's higher quality waters. This would not have been possible without the dedication and hard work of numerous organizations and individuals across the state. We appreciate your support!

2) ACTION ALERT: Big South Fork Mussel Recovery EA Available for Comment
The National Park Service has released the Revised Environmental Assessment (EA) for the recovery of freshwater mussels in the free-flowing reach of the Big South Fork of the Cumberland River. The proposal is designed to stabilize and increase populations of endangered species with the ultimate goal of removing them from the endangered species list. The document has been revised based on public comments received on the August 2002 draft of the EA.

The revised EA analyzes the impacts of alternative methods of recovering mussel populations in the Big South Fork of the Cumberland River. The preferred alternative is to:
· Maintain current mussel conservation efforts
· Augment existing federally listed and non-listed mussel populations
· Reintroduce federally listed and non-listed species that were historically reported from the Big South Fork
· Monitor the progress of the project

The project is a cooperative effort between National Park Service, U. S. Fish & Wildlife Service, U.S. Geological Survey, and the States of Tennessee and Kentucky.

This document is available on the Internet at www.nps.gov/biso, or may be obtained by either calling the park Headquarters at (423) 569-9778 or by writing:
Superintendent
Big South Fork National River and Recreation Area
4564 Leatherwood Road
Oneida, Tennessee 37841
Public comments may be submitted in writing and must be postmarked or emailed to [email protected] by November 12, 2003. Questions concerning this EA may be directed to Tom Blount, Chief of Resource Management at (423) 569-2404 ext 252.

Source: National Park Service

3) PUBLIC PARTICIPATION OPPORTUNITY: Group 2 Watershed Meetings
The Tennessee Department of Environment and Conservation is using a watershed approach to address water quality. In order to provide an opportunity for the public to become involved, the approach includes a public meeting to review the draft Watershed Water Quality Management Plan for each watershed.

The first five-year watershed management cycle is complete for Group 2 Watersheds. Meeting dates for the fall of 2003 have been set to discuss watershed-specific plans, which can be viewed and downloaded at: http://www.state.tn.us/environment/wpc/watershed/wsmplans/

Forked Deer and North Fork Forked Deer
October 6, 2003
Basement, Humboldt Municipal Center, Central Highway (Hwy 45N) and Osborne Street, Humboldt
5:30 pm

Loosahatchie River
October 7, 2003
Commissioners' Meeting Room, City Hall, 10001 Hwy 70, Lakeland
6:30 pm

Caney Fork River
October 14, 2003
Sparta Civic Center, 519 East Brockman Way, (Near intersection of Hwy 80 and 74), Sparta
6:00 pm

Lower Elk River
October 16, 2003
Pulaski Recreation Center, Highway 64, (Just east of Highway 31), Pulaski
6:30 pm

Fort Loudon Lake
October 27, 2003
Cafeteria, Heritage High School, 3742 East Lamar Alexander Hwy, Maryville
6:30 pm

South Fork Holston River
October 28, 2003
Sullivan County Regional Health Department, 154 Blountville Bypass, (Near intersection of Bristol Hwy and Bluff City Hwy), Blountville
6:30 pm

Pickwick Lake and Wheeler Lake
October 30, 2003
Columbia State Community College, Lawrenceburg Campus, 1620 Springer Road, (Near the intersection with Weakley Creek Road), Lawrenceburg
6:30 pm

Upper Elk River
November 3, 2003
Circuit Courtroom, Franklin County Courthouse, Winchester
6:30 pm

Collins River
November 4, 2003
County Administration Building, 201 Locust Street, (Locust Street connects North Spring Street and North Chancery Street), McMinnville
6:30 pm

Hiwassee River
November 6, 2003
Glen Lowe Airmark Room, Sherman Hall, Tennessee Wesleyan College, 204 East College Street, Athens
6:30 pm

For more information, please contact:
David Duhl, Watershed Coordinator
Tennessee Department of Environment and Conservation
Watershed Management Section
401 Church Street
Nashville, TN 37243-1534
(615)532-0438 · e-mail: [email protected]

4) PUBLIC PARTICIPATION OPPORTUNITY: TDOT Public Meetings
TDOT is holding public meetings on transit in Tennessee in early October. These events are a vital opportunity for the citizens of Tennessee to weigh in on the future of public transportation in the state. Please let your members and partners know about these very important
meetings.

Meetings will be held at the following locations:
Tuesday, October 7
6:00 pm to 8:00 pm
Chattanooga Hamilton County Library
1001 Broad Street, Chattanooga

Wednesday, October 8
6:00 pm to 8:00 pm
Knoxville City/County Building
Main Assembly Room
400 Main Street, Knoxville

You may find additional details at the TDOT websites
http://www.tdot.state.tn.us/information-office/2003pr/09-08-2003_transit.htm and
http://www.tdot.state.tn.us/
Source: Tennessee Environmental News
5) PUBLIC PARTICIPATION OPPORTUNITY: Southern Forest Resource Assessment Public Meetings
The Tennessee Forestry Commission extends an offer of invitation to provide input to the evaluation of the Southern Forest Resource Assessment (SFRA) and how the assessment relates to forest resource issues in Tennessee. Public meetings will be held during the month of October. Participants in the public meetings will need to read the SFRA (available online), think about how it relates to Tennessee's forest resource issues, develop comments (preferably written) on the concerns and/or opportunities that are found in the Assessment, and share opinions by attending one of the following public meetings or through the Internet. The Internet site with current information about the SFRA and public input/meetings is http://www.state.tn.us/agriculture/forestry/hjr189/index.html

Tuesday, October 7
6:30 pm (central)
University of Tennessee Experiment Station
605 Airways Boulevard
Jackson, TN

Tuesday, October 14
6:30 pm (central)
Ellington Agricultural center
Edward Jones Auditorium
440 Hogan Road
Nashville, TN

Tuesday, October 21
6:30 pm (eastern)
University of Tennessee
Ellington Plant Sciences Building
Room 125
Knoxville, TN

Tuesday, October 28
6:30 pm (eastern)
Chester Frost Park
The Pavilion
2318 N. Gold Point Circle
Chattanooga, TN

The first ½ hour of the meeting will be an open house, followed by the public meeting concerning the SFRA. Individuals or organizations wanting to present comments to the Commission will be given 3 minutes to do so during the comment portion of the meeting.

If you have questions or concerns about the public meetings, please contact Kay Fermann with the Division of Forestry at 615-837-5437 or [email protected]

Source: Tennessee Forestry Commission

6) EVENT: Southern Appalachian Man and the Biosphere Fall Conference
November 4, 5, 6, 2003
Renaissance Hotel, Asheville, NC

The SAMAB Fall Conference brings together professionals and concerned citizens from across the region in a forum that facilitates the learning, networking, and brainstorming needed to address the most pressing issues in our region, from air quality to invasive species to planning for growth. The conference also features agency and community actions to address these challenges.

Sessions in this year's conference include:
--Facing the Threat of the Hemlock Woolly Adelgid
--Managing Growth Around Protected Areas
--Air Quality Improvement for the Great Smoky Mountains National Park: Hiker Health, Air Quality and Traffic Congestion
--Air Quality: Understanding the Issues
--Protecting and Restoring Southern Appalachian Streams and Rivers
--Mapping and GIS for Planning and Protection
--Dealing With Invasive Plants and Insects
--Environmental Monitoring by Communities and Citizens: The Public's Role in Research and Management
--Traversing the Landscape - Highway Critter Crossings, Hiking Trails
--Ecosystem Restoration
--Appalachian Heritage as an Economic Opportunity

For preliminary program, more information, and to register for the SAMAB conference, visit http://www.samab.org/Conf/Conf03/conf03.html, or e-mail [email protected]

Special conference room rates at Renaissance Hotel are available through October 3, 2003. Mention SAMAB when requesting reservations.

Source: SAMAB

7) EVENT: Source Water Protection Workshops
EPA Region 4 and Tennessee Division of Water Supply are hosting two workshops entitled "Source Water Protection: Best Management Practices and Other Measures for Protecting Drinking Water Supplies." The day-long workshops will take place on October 28 in Murfreesboro and October 30 in Knoxville.

Course Description: The 1996 Safe Drinking Water Act Amendments called for assessing drinking water sources and encouraging protection of drinking water supplies. To design and implement an effective local source water protection program, local entities need information on specific protective measures that are available to prevent contamination of their drinking water supplies. This training course provides training materials on the concepts and components of source water assessment and protection, along with best management practices (BMPs) and other preventive measures for about a dozen different sources of contamination that threaten source water.

Instructor: EPA Contractor, The Cadmus Group, Inc.

Continuing Education Credits Available

Locations:
Fleming Training Center Knox County Health Department
Auditorium Auditorium
2022 Blanton Avenue 140 Dameron Avenue
Murfreesboro, TN 37129 Knoxville, TN 37917
(615) 898-8090 (865) 215-5001

For additional information, contact:
Thomas A. Moss, P. G.
Source Water Protection Coordinator
Manager, Ground Water Management Section
TN Division of Water Supply
401 Church Street, 6th Floor
Nashville, TN 37243-1539
615 532 0191

Source: TN Division of Water Supply

8) NEWS: New EPA Rule Allows Municipalities to Pollute Water with Pesticides
On July 11, EPA issued a guidance exempting the application of pesticides directly in US waters or aerial spraying of pesticides that will deposit in US waters from the protection of the Clean Water Act (CWA). This guidance is meant to undo the decision handed down from the United States Court of Appeals for the Ninth Circuit in California in the case of "Headwaters, Inc. v. Talent Irrigation District," which held that the spraying of chemical pesticides must meet both the regulatory requirements of the CWA and the Federal Insecticide Fungicide Rodenticide Act (FIFRA). By holding that both the CWA and FIFRA apply to pesticide use, the court gave consideration to both the health of citizens and our country's aquatic and semi-aquatic ecosystems. This decision further recognized that FIFRA alone is insufficient to protect U.S. waters from harm caused by pesticides.

To Submit Comments to EPA (deadline is October 14, 2003) and for more information visit: www.beyondpesticides.org/main.html or contact Josh Klein at the Clean Water Network: [email protected] or at (202) 289-2421.

Source: Clean Water Network

9) RESOURCE: "Where Rivers Are Born" - New Report Available
"Where Rivers Are Born: The Scientific Imperative for Defending Small Streams and Wetlands."
With the future federal protection of small streams and wetlands in question, the Sierra Club and American Rivers asked eleven scientists to summarize the available scientific literature on the services wetlands and small streams provide society and the consequences of degrading these waters. The report is available online at:
http://www.sierraclub.org/cleanwater/reports_factsheets/defending_streams.pdf

Source: Sierra Club

10) PUBLIC NOTICE: Second Proposed Final Version of the 2002 303(d) List
The Tennessee Department of Environment and Conservation, Division of Water Pollution Control, has issued a second proposed final version of the 2002 303(d) List. The development of the List is required by the federal Clean Water Act as amended in 1987 and provides information on the surface waters not fully supporting designated uses due to the violation of narrative and/or numeric water quality standards. The 303(d) List identifies waters suitable for total maximum daily load (TMDL) and thermal load calculations. TMDLs are developed to define the levels of pollution control that would be needed for protection or restoration of public health, aquatic life, and recreation. The priority ranking reflects the uses to be made of such waters, the severity
of pollution, and the feasibility of control strategies. The previous version of the proposed final 303(d) List was released in September 2002 following an extensive public review. Revisions based on additional review and comments provided by EPA's regional staff in Atlanta have been made. The 2002 303(d) List will not be considered final until it has been formally approved by EPA. The revised 303(d) List, plus responses to EPA comments, may be downloaded from the
Department's home page at www.state.tn.us/environment

For further information contact [email protected] or write to the following address:
Tennessee Department of Environment and Conservation
Division of Water Pollution Control
6th Floor, L & C Annex
401 Church Street
Nashville, Tennessee 37243-1534

Source: http://www.state.tn.us/environment/wpc/wpcppo/

11) PUBLIC NOTICE: Draft TMDLs Available
September 19, 2003 - DRAFT TMDL for fecal coliform in the Upper Elk River Watershed
For additional information, visit http://www.state.tn.us/environment/wpc/tmdl/upper_elk.php

September 19, 2003 - DRAFT TMDL for fecal coliform in the Lower Elk River Watershed
For additional information, visit http://www.state.tn.us/environment/wpc/tmdl/lower_elk.php

September 18, 2003 - Proposed TMDL for ammonia toxicity & organic enrichment/low dissolved oxygen in Eagle Creek
For additional information, visit http://www.state.tn.us/environment/wpc/tmdl/toxeaglecreek.php

Source: http://www.state.tn.us/environment/wpc/wpcppo/

12) PUBLIC NOTICE: TDEC Mining Section NPDES Permits
TDEC Mining Section has posted the following proposals to issue, reissue, deny or terminate National Pollutant Discharge Elimination System (NPDES) permits as listed below. These permits authorize and regulate discharges of treated wastewater and/or storm water from mining and processing facilities, including access roads and haul roads located within the affected areas. Send comments to TDEC Mining Section, Attn: Public Notice Coordinator, 2700 Middlebrook Pike, Suite 220, Knoxville, TN 37921 by OCTOBER 24, 2003

Individual NPDES Permits

Non-Coal Proposed Reissuance

Applicant: 3D Rock Company
Facility: Mine 001
NPDES Permit Number: TN0072087
County: Perry
Street Address: Highway 412 West
City: Linden
Zip: 37906
Description of Activity: Chert gravel mining
Receiving Stream: Cypress Creek
Effluent description: Treated wastewater and storm water

Non-Coal Proposed Modifications

Applicant: H. C. Spinks Clay Company, Inc.
Facility: Mine 10 - Black Charm
NPDES Permit Number: TN0030465
County: Henry
Street Address: Goldston Springs Road
City: Puryear
Zip: 38251
Description of Activity: Ball clay mining
Receiving Stream: Dry tributary of North Fork Obion River
Effluent description: Treated wastewater and storm water

Applicant: Vulcan Construction Materials, LP
Facility: Wilson County Quarry
NPDES Permit Number: TN0070998
County: Wilson
Street Address: 2041 Murfreesboro Road
City: Lebanon
Zip: 37087-5322
Description of Activity: Limestone quarry and processing facility
Receiving Stream: Unnamed tributaries of Sinking Creek
Effluent description: Treated wastewater and storm water

Non-Coal Proposed Transfer of Ownerships

Applicant: Mossy Creek Mining, LLC
Facility: Cumberland Mine
NPDES Permit Number: TN0064289
County: Smith
Street Address: Meyers Bottom Road
City: Carthage
Zip: 37030
Description of Activity: Sphalerite (zinc) ore mining
Receiving Stream: Cumberland River and unnamed tributary to Cumberland River
Effluent description: Treated wastewater and storm water

Applicant: Mossy Creek Mining, LLC
Facility: Elmwood Mine
NPDES Permit Number: TN0004227
County: Smith
Street Address: Helms Bend Road
City: Elmwood
Zip: 38560
Description of Activity: Sphalerite (zinc) ore mining
Receiving Stream: Caney Fork River
Effluent description: Treated wastewater and storm water

Applicant: Mossy Creek Mining, LLC
Facility: Gordonsville Mine and Mill
NPDES Permit Number: TN0029360
County: Smith
Street Address: JMZ Drive
City: Gordonsville
Zip: 38563
Description of Activity: Sphalerite (zinc) ore mining and milling
Receiving Stream: Caney Fork River and unnamed tributary to Caney Fork River
Effluent description: Treated wastewater and storm water

Coal Proposed Issuance

Applicant: Sequatchie Valley Coal Corporation
Facility: Main Area
NPDES Permit Number: TN0079162
County: Sequatchie
Street Address: Highway 8, SVC Road
City: Dunlap
Zip: 37327
Description of Activity: Reclaimed surface coal mine
Receiving Stream: Big He Creek, Little He Creek, He Creek and Dry Creek
Effluent description: Treated wastewater and storm water

Coal Proposed Reissuance

Applicant: Kopper-Glo Fuels, Inc.
Facility: Deep Mine 3
NPDES Permit Number: TN0053431
County: Claiborne
Street Address: Rock Creek Road
City: Clairfield
Zip: 37715
Description of Activity: Underground coal mine
Receiving Stream: Rock Creek
Effluent description: Treated wastewater and storm water

Coal Proposed Modification and Reissuance

Applicant: Tennessee Consolidated Coal Company
Facility: Mine 79
NPDES Permit Number: TN0053741
County: Sequatchie
Street Address: Daus Mountain Road
City: Whitwell
Zip: 37397
Description of Activity: Reclaimed underground coal mine
Receiving Stream: Unnamed tributary to Stone Coalbank Creek
Effluent description: Treated wastewater and storm water

Coal Proposed Terminations

Applicant: Rich Resources, Inc.
Facility: Area 1
NPDES Permit Number: TN0065722
County: Campbell
Street Address: Oswego County Road
City: Northwest of Oswego
Zip: 38025
Description of Activity: Reclaimed surface coal mine with Phase III bond release from OSM
Receiving Stream: Fall Branch
Effluent description: Treated wastewater and storm water

Applicant: Sequatchie Valley Coal Corporation
Facility: SVC Mine 2 Complex
NPDES Permit Number: TN0071889
County: Sequatchie
Street Address: Highway 8, SVC Road
City: Dunlap
Zip: 37327
Description of Activity: Reclaimed surface coal mine now permitted under TN0079162
Receiving Stream: Big He Creek and Little He Creek
Effluent description: Treated wastewater and storm water

Applicant: Sequatchie Valley Coal Corporation
Facility: SVC Mine 3 Complex
NPDES Permit Number: TN0072192
County: Sequatchie
Street Address: Highway 8, SVC Road
City: Dunlap
Zip: 37327
Description of Activity: Reclaimed surface coal mine now permitted under TN0079162
Receiving Stream: Big He Creek and Dry Creek
Effluent description: Treated wastewater and storm water

Source: http://www.state.tn.us/environment/wpc/wpcppo/mining/

13) PUBLIC NOTICE: Aquatic Resource Alteration Permit (ARAP) Notices
The following is a list of Public Notices from TDEC of permitting decisions, public hearings, and rulemaking activities. Public comment and participation are encouraged on all of these issues. Comments must be received within 30 days of the date that the notice is posted. Comments on any issue are welcome at any time and may be made by sending e-mail to [email protected]
October 2, 2003
NRS03.223 Fullen Dock & Warehouse, proposed navigation maintenance dredging; Mississippi River mile 740.3 left descending bank, in Memphis, Shelby County
NRS03.264 Nestlé Waters North America, Inc., proposed withdrawal of spring water, Bennett Hill Spring, tributary to Salt Lick Creek, Red Boiling Springs, Macon County
NRS03.293 Town of Kingston Springs, proposed weir and water withdrawal for recreational park irrigation; Kingston Springs Branch, Cheatham County
NRS03.304 TDOT SR 15 (US 64) proposed permanent wetlands fill, 4.06 acres in Franklin County
NRS03.315 TDOT SR 78 proposed replacement of the bridge and approaches of SR-78 over Lewis Creek in Dyer County
NRS03.319 TDOT SR 210 proposed replacement of the bridge and approaches of SR-210 over Pond Creek in Dyer County
NRS03.322 TDOT SR 205 proposed box culvert construction to replace bridge and approaches over unnamed tributary to Big Creek, in Shelby County
NRS03.330 TDOT; proposed permanent wetlands fill, 0.13 acres associated with the widening of the access road to Celina High School in Clay County
September 19, 2003
NRS03.023 Public Hearing for Cumberland Yacht Harbor , Construction of a commercial marina at Mill Creek, Davidson County Tennessee
NRS03.174 Keyquest, LLC, Relocation of approximately 770' of an unnamed tributary of Little Pigeon River, Sevier County, Tennessee
Source: http://www.tennessee.gov/environment/wpc/wpcppo/arap/
14) PUBLIC NOTICE: US Army Corps of Engineers Nashville District Permit Notices
The following is a list of Public Notices issued by the US Army Corps of Engineers Nashville District for work in waters of the United States. The notices listed are for applications currently under review. All work is proposed unless otherwise noted. If you wish to obtain a copy of a particular notice, you can contact our office at (615) 369-7500 or by mail and we will be happy to forward it to you. Be sure to include the Public Notice Number with your request.
U.S. Army Engineer District, Nashville
Corps of Engineers
Attention: Regulatory Branch
3701 Bell Road
Nashville, Tennessee 37214
Notice No.
03-77 - Expires 10/6/2003, City of Kingsport, TN, Proposed Submerged Sewerline Extensions and Improvements Crossing Straight Branch at Various Locations Between Mile 1.4 to 3.4, Opposite South Fork Holston River Mile 7.9, Left Bank, Sullivan County, Tennessee
03-62 - Expires 10/20/2003, SPECIAL PUBLIC NOTICE, Proposed Reissuance Regional Permit for Tennessee Valley Authority Clean Water Initiative Program, Waters of the US in the Tennessee River Basin within the regulatory boundaries of the Nashville District, excluding those waters located within the State of Mississippi
03-73 - Expires 10/6/2003, Word and Boggus Contracting, Inc., Proposed Land Excavation of a 33-Acre Harbor within Lindsey Hollow, Adjacent to Guntersville Lake between Tennessee River Miles 358.0 and 359.0, Guntersville, AL
Source: http://www.orn.usace.army.mil/cof/notices.htm

15) Show Your Commitment to Protecting and Restoring Tennessee's Watersheds...Join TCWN Today!
We are pleased to announce that TCWN has received a challenge grant from the McKnight Foundation for the implementation of our Statewide Enforcement Campaign. The campaign is designed to provide citizens with knowledge about critical enforcement issues and address chronic violators of state and federal water regulations. McKnight has pledged to match dollar-for-dollar funding raised from current members that increase the amount of their last donation, as well as funds raised from new memberships.

We would like to thank our members that made contributions in response to our latest appeal letter announcing the McKnight challenge grant. Your generosity enables us to advocate with great strength on behalf of our watersheds.

Please consider joining TCWN or increasing you donation above previous gifts, by doing so your dollars will go twice as far. Thank you for your commitment to protect, restore, and enhance Tennessee's waters.

You may mail contributions to TCWN at P.O. Box 1521, Knoxville, TN 37901 or through our website - www.tcwn.org