October 31, 2003

1) TCWN Working for You! New Poll Reveals Tennesseans' Environmental Concerns
2) ACTION ALERT: Act Now to Protect Tennessee's Rivers & Wetlands
3) ACTION ALERT: Defend Clean Water Standards
4) PUBLIC PARTICIPATION OPPORTUNITY: Group 2 Watershed Meetings
5) NEWS: EPA Biologist Resigns in Protest of Wetlands Study
6) NEWS: EPA Won't Regulate Dioxins in Sewage Fertilizer
7) NEWS: EPA Publishes New Guidelines for the National Nonpoint Source Program
8) RESOURCE: Funding for Habitat Restoration Projects: A Citizen's Guide
9) PUBLIC NOTICE: TDEC Mining Section NPDES Permits
10) PUBLIC NOTICE: Aquatic Resource Alteration Permit (ARAP) Notices
11) PUBLIC NOTICE: US Army Corps of Engineers Nashville District Permit Notices
12) Show Your Commitment to Protecting and Restoring Tennessee's Watersheds...Join TCWN Today!

1) TCWN Working for You! New Poll Reveals Tennesseans' Environmental Concerns
Tennesseans strongly support stringent environmental laws and regulations to protect clean air and clean water, according to a new poll released on October 28 by Tennessee Clean Water Network, Tennessee Environmental Council, American Rivers, and National Parks Conservation Association. The groups are calling on Tennessee's political leaders to protect these environmental priorities.

According to the survey, protecting the state's water emerged as a top environmental concern for Tennesseans. More than 70 percent of survey participants said they were "very concerned" about water pollution, and 67.5 percent of the respondents indicated that "protecting sources of drinking water" was a top environmental concern. More than 81 percent of the respondents believe that the Clean Water Act should protect all of the state's lakes, rivers, and streams.

In January of this year, the Bush administration directed federal agencies to cease enforcing Clean Water Act protections on millions of acres of aquatic habitat, and it is now contemplating legal interpretations that would further weaken the Clean Water Act. Conservationists are calling on Senators Frist and Alexander to oppose administration actions to weaken the Clean Water Act and support a bill before Congress that would restore Clean Water Act protections.

Full survey results, as well as additional information on how Tennesseans can take action on these issues, are available at www.cleantennessee.org

2) ACTION ALERT: Act Now to Protect Tennessee's Rivers & Wetlands
Tell Senators Frist and Alexander that you join the vast majority of Tennesseans who care about clean water. Send a message today urging Senators Frist and Alexander to oppose efforts to weaken the Clean Water Act, efforts that could make it easier for polluters to do their dirty work.

The Clean Water Act is designed to make all waters fishable and swimmable by keeping pollution out of our lakes, rivers, and wetlands. Last January, the Bush administration directed federal agencies to cease enforcing clean water protections on millions of acres of aquatic habitat. And the administration is now considering limiting clean water protections even further.

These actions fly in the face of the views of most Tennesseans. In a recent poll conducted by the University of Tennessee, 70% of Tennesseans surveyed said that they are "very concerned" about water pollution and 81% said that "all of Tennessee's lakes, rivers, and streams should be protected by the Clean Water Act."

Act today! Let Senators Frist and Alexander know that you expect them to stand up to polluters and protect clean water in Tennessee and nationwide.

Visit www.tcwn.org for a sample letter and contact information for Senator Alexander and Senator Frist.

3) ACTION ALERT: Defend Clean Water Standards
Starting in Oregon, the Bush Administration has proposed changes to the Clean Water Act that would make it easier for polluters to harm water quality in our nation's rivers and streams. The Environmental Protection Agency (EPA) has published a proposed new plan for Oregon's water quality standards that will gut requirements that polluters clean up their act. Under the proposed plan, the federal government prevents the public and state government from making important decisions about how clean their rivers and streams should be. The rule could also allow federal dams to pollute rivers by exempting them from current requirements under the Clean Water Act.

Your help is needed to keep the Bush Administration from moving ahead with this "dirty watersheds" plan for Oregon and the nation. With 30 years of work under the Clean Water Act, we have been making great progress in cleaning up our rivers and streams in Oregon and around the nation. Don't allow the Bush Administration to take this step backward; support continued strong protection for clean water.

Send a letter to the EPA and urge them not to weaken the Clean Water Act. Take action today at: http://amriversaction.ctsg.com/ctt.asp?u=11408&l=7324

Source: American Rivers

4) 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/

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]

Source: Tennessee Department of Environment and Conservation

5) NEWS: EPA Biologist Resigns in Protest of Wetlands Study
A U.S. Environmental Protection Agency (EPA) biologist has resigned in protest of the agency's acceptance of a controversial study that concludes wetlands discharge more pollutants than they absorb, according to a statement released Wednesday by Public Employees for Environmental Responsibility (PEER). The EPA's approval of the study gives developers credit for improving water quality by replacing natural wetlands with golf courses and other developments, PEER says.

The report was financed by a group of local developers in Southwest Florida. It concludes that wetlands generate pollution and recommends that developers be allowed to avoid federal wetlands restrictions by allowing a few cattle to graze in the wetland so it can classified as "improved pasture."

The agency's acceptance of the report was too much for Bruce Boler, a former state water quality specialist to take - he resigned after three years with the EPA. In his resignation statement, Boler cited the stance taken by the EPA Regional Administrator Jimmie Palmer that the agency "would not oppose state positions, so if a state had no water quality problems with a project then neither would EPA." The state of Florida has already signed off on the controversial wetlands report.
"Ultimately, the politics in southwest Florida have proven to be stronger than the science," Boler wrote in his resignation letter.

Source: Environment News Service

6) NEWS: EPA Won't Regulate Dioxins in Sewage Fertilizer
The Environmental Protection Agency said recently it will not regulate dioxins in sewage sludge applied as fertilizer to U.S. crops because the use of the sludge does not harm humans or the environment. Dioxins, suspected of causing cancer, are a group of highly toxic compounds such as PCBs left over from combustion and manufacturing practices. Sewage sludge is the byproduct of treatment processes that purify wastewater before it is released into local waterways. After studying the issue for five years, the EPA said in a statement it determined "that dioxins from this source do not pose a significant risk to human health or the environment."

Green groups and consumer organizations have fought against allowing treated sewage to be used as fertilizer, complaining that the policy stinks. The EPA said the people who would theoretically be at the most risk were the farm families who apply sewage sludge as a fertilizer to their crops and animal feed and then consume their own crops and meat products over their entire lifetimes. Under these circumstance, EPA said its analysis showed that only 0.003 new case of cancer per farm family could be expected each year, or only 0.22 new case per family over a span of 70 years.
The EPA said data from 2001 found that dioxins levels in treated sewage sludge have declined since the agency's last survey in 1988. This downward trend is expected to continue as regulatory controls are placed on additional sources of dioxins in the environment, particularly on some combustion practices, according to EPA.
Source: Environmental News Network

7) NEWS: EPA Publishes New Guidelines for the National Nonpoint Source Program
EPA has published new guidelines for the National Nonpoint Source (NPS) Program implemented under section 319 of the Clean Water Act. These guidelines completely replace all previous NPS grants guidances, guidelines beginning in fiscal year 2004. The guidelines focus approximately one-half of section 319 dollars on the remediation of impaired waters through the development of total maximum daily loads (TMDLs), and the development and implementation of watershed-based plans. These plans provide an analytical framework for assessing the sources of water pollution; estimating the amount of pollutant reduction needed to achieve water quality standards; identifying the management measures whose implementation will enable those reductions to be achieved; and identifying financial and regulatory tools, as appropriate, that will enable the watershed plan's goals to be achieved. These guidelines were published in the Federal Register on Oct. 23, 2003 and are posted on EPA's NPS web site at: http://www.epa.gov/owow/nps/.

Source: EPA Office of Water

8) RESOURCE: Funding for Habitat Restoration Projects: A Citizen's Guide
The funding guide provides a quick, comprehensive and accessible review of the often hidden federal funds that may be used to implement on-the-ground habitat restoration projects. Its design and layout provide users with easy access to critical information about funding, eligibility and program contacts. This online, searchable database of federal funding opportunities for
on-the-ground restoration projects, of which the current year's edition is always available in printable PDF format here, is updated annually.

http://restoration.nos.noaa.gov/htmls/resources/funding.html

Source: River Network

9) 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 NOVEMBER 19, 2003

Individual NPDES Permits

Non-Coal Proposed Reissuance

Applicant APAC-Mississippi, Inc.
Facility Crump Gravel Pit
NPDES Permit Number TN0070751
County Hardin
Street Address Highway 64 West
City Crump
Zip 38327
Description of Activity Construction sand and gravel mining and processing Receiving Stream
Unnamed tributary to Gattis Creek
Effluent Description Treated wastewater and storm water
Facility Latitude 35º 13' 00?
Facility Longitude 88º 19' 28?
Permit Writer MSM

Non-Coal Proposed Modifications and Reissuances

Applicant Hinkle Contracting Corporation
Facility Jellico Stone Quarry
NPDES Permit Number TN0055140
County Campbell
Street Address 2698 Highway 25 W
City Jellico
Zip 37762
Description of Activity Limestone mining and processing
Receiving Stream Clear Fork River
Effluent Description Treated wastewater and storm water
Facility Latitude 36º 34' 40?
Facility Longitude 84º 04' 50?
Permit Writer MSM

Applicant Martin Marietta Materials, Inc.
Facility Whites Creek Pike Quarry
NPDES Permit Number TN0057452
County Davidson
Street Address 2819 Whites Creek Pike
City Nashville
Zip 37207-3708
Description of Activity Limestone quarry and processing facility
Receiving Stream Ewing Creek
Effluent Description Treated wastewater and storm water
Facility Latitude 36º 13' 30?
Facility Longitude 86º 48' 17?
Permit Writer CTH

Applicant Rogers Group, Inc.
Facility Rutherford County Quarry
NPDES Permit Number TN0066150
County Rutherford
Street Address 5920 Burnt Knob Road
City Murfreesboro
Zip 37130
Description of Activity Limestone quarry and processing facility
Receiving Stream Stewart Creek
Effluent Description Treated wastewater and storm water
Facility Latitude 35º 52' 50?
Facility Longitude 86º 32' 00?
Permit Writer MSM

Non-Coal Proposed Transfers of Ownership

Applicant TVM/TSW, LLC (formerly permitted by Tennessee Valley Marble, Inc.)
Facility Andies Quarry
NPDES Permit Number TN0072869
County Loudon
Street Address Kimbrell Road
City Greenback
Zip 37742
Description of Activity Marble quarry and processing facility
Receiving Stream Unnamed tributary of Gallagher Creek
Effluent Description Treated wastewater and storm water
Facility Latitude 35º 41' 54?
Facility Longitude 84º 11' 25?
Permit Writer CTH

Applicant TVM/TSW, LLC (formerly permitted by Tennessee Valley Marble, Inc.)
Facility Endsley Quarry
NPDES Permit Number TN0072125
County Blount
Street Address Endsley Quarry Lane
City Friendsville
Zip 37737
Description of Activity Marble quarry and processing facility
Receiving Stream Unnamed tributary of Gallagher Creek
Effluent Description Treated wastewater and storm water
Facility Latitude 35º 45' 10?
Facility Longitude 84º 07' 48?
Permit Writer CTH

Applicant TVM/TSW, LLC (formerly permitted by Tennessee Valley Marble, Inc.)
Facility Lambert Quarry
NPDES Permit Number TN0072061
County Blount
Street Address Dunlap Hollow Road
City Friendsville
Zip 37737
Description of Activity Marble quarry and processing facility
Receiving Stream Unnamed tributary of Gallagher Creek
Effluent Description Treated wastewater and storm water
Facility Latitude 35º 44' 45?
Facility Longitude 84º 08' 21?
Permit Writer CTH

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

10) 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 23, 2003
NRS03.224
Herbert McCartney, proposed relocation of 700 linear feet of Sinking Creek to facilitate development of the property for retail outlets fronting Hwy 231, in Lebanon, Wilson County, Tennessee

NRS03.295
The Ensworth School, proposed relocation of 700 feet of Vaughn Creek at Hwy 100, Williamson County, Tennessee

NRS03.314
U.S. Fence, Inc., proposed relocation of an unnamed tributary of Whitehorn Creek to create a new stream 1,450 feet long, Bulls Gap, Hawkins County, Tennessee

NRS03.332
TDOT, proposed construction of 46 ft. box bridge and new approaches which involves 375 ft. of stream relocation, unnamed tributaries of South Forked Deer River, SR-88, Crockett County, Tennessee

NRS03.346
TDOT, proposed construction of 1.126 miles of SR-72 with multiple crossings of unnamed tributaries to the Tennessee River and one wetland impact, Loudon County, Tennessee
Source: http://www.tennessee.gov/environment/wpc/wpcppo/arap/
11) 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.
03-85 - Expires 11/29/2003, Carter Timber and Land Development, Inc., Proposed Riprap Bank Stabilization, Tennessee River at Mile 191.5, Left Bank, Kentucky Lake, Hardin County, Tennessee.
03-86 - Expires 11/27/2003, Harbor Crest Homeowners Association, Inc., Proposed Community Dock, Excavation, and Bank Stabilization, Mile 38.0 Right Bank, French Broad River, Douglas Lake, Jefferson County, Tennessee
03-84 - Expires 11/22/2003, Interstate Development Company, Proposed Adjacent Wetland Fill and Stream Fill of an Unnamed Tributary of Whitetop Creek Mile 0.5, Right Bank, Beaver Creek Mile 5.2, Left Bank, Sullivan County, Tennessee
03-83 - Expires 11/27/2003, Beals Landing Homeowners Association, Proposed Bank Stabilization, Tennessee River Mile 605.5R, Fort Loudoun Lake, Loudon County, Tennessee
03-79 - Expires 11/20/2003, Knox County Department of Engineering, Proposed Wetland Fill and Meadow Creek Channel Relocations Associated with Ball Camp Pike Improvements, Meadow Creek, Knox County, Tennessee
03-82 - Expires 11/20/2003, City of Hartselle, Proposed 150' Pipe Culvert Placement, Unnamed Tributary Mile 1.2 Opposite Village Branch, Opposite Tennessee River Mile 310.0L, Morgan County, Alabama.
03-80 - Expires 11/10/2003, Bells Acres Homeowner's Association, Proposed Private Covered Floating Boat Slips at Elk River Mile 158.0, Left Bank, Tims Ford Lake, Franklin County, Tennessee.
Source: http://www.orn.usace.army.mil/cof/notices.htm

12) 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 your 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