December 5, 2003 #64

1) NEWS: Tennessee Representatives Support Clean Water Act Protections
2) NEWS: Oregon Water Quality Standards Foreshadow Future Clean Water Act Rollbacks
3) ACTION ALERT: Keep Sewage Out of Our Water
4) RESOURCE: EPA Announces $4 Million Grant Program
5) RESOURCE: "Water on Tap: What You Need to Know"
6) CONFERENCE: 2004 Community Involvement Conference and Training-Denver, CO
7) NOMINATION REQUEST: TCL Conservation Achievement Awards
8) PUBLIC NOTICE: NPDES Permits
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) NEWS: Tennessee Representatives Support Clean Water Act Protections
The resistance to the administration's planned rollback of the scope of the Clean Water Act is building in Congress as a letter signed by 218 U.S. Representatives was sent to the President on Tuesday, November 25. Tennessee Representatives signing on to the letter included Jim Cooper (D-TN-5th), Lincoln Davis (D-TN-4th), Harold Ford (D-TN-9th), Bart Gordon (D-TN-6th), and John Tanner (D-TN-8th). The letter calls on the administration to stop the rulemaking and
rescind the guidance. In late October a similar letter from 25 Senators was delivered to the President.

Now, nearly half of Congress is on the record, speaking up strongly against this rollback. As the House letter says, "Reducing the scope of waters protected by the law will reverse our country's progress towards eliminating our remaining water pollution problems and undermine the significant investments we have made to improve water quality." The letter concludes, "We urge you to stop the rulemaking process, rescind the January 15 guidance memorandum, and
issue guidance that accurately reflects the Supreme Court's decision."

The signed letter is posted at www.house.gov/dingell

For additional information on this issue, visit:
Volunteers for a Clean Tennessee - www.cleantennessee.org


2) NEWS: Oregon Water Quality Standards Foreshadow Future Clean Water Act Rollbacks
On October 10th, the EPA released a proposed water quality standards rule for Oregon that foreshadows future rollbacks the agency plans for waters nationwide. The proposal would weaken the role of the Clean Water Act in restoring cooler temperatures and natural thermal regimes to rivers suffering from the devastating effects of federal dams.

By allowing federal dams to bypass the water quality standards and appeal directly to EPA (through a "Use Attainability Analysis" or UAA) the proposed rule eliminates the state's ability to regulate the quality of it's own waterways. The proposal gives federal dams precedence over the protection of endangered fish species, undermines state sovereignty, and renders the proposed temperature and dissolved oxygen content standards irrelevant.

The impact of this rule will be felt nationwide. The Oregon proposed rule is the testing ground for changes in the TMDL program EPA is considering in it's yet unpublished Watershed Rule proposal. The UAA provision in the Watershed Rule that EPA is considering would effectively render federal dams exempt from water quality standards.

If this rule goes through, it sets a dangerous precedent for future water quality standards. On November 9th 77 groups from around the country submitted a comment letter prepared by Nina Bell of Northwest Environmental Advocates calling on the incoming EPA Administrator Mike Leavitt to ensure that this rule is not implemented and stop any actions to change the TMDL program.

The letter is available on the Clean Water Network website at www.cwn.org. Go to the Water Quality Standards page and look under the Latest News.

Source: Clean Water Network


3) ACTION ALERT: Keep Sewage Out of Our Water
On November 3rd, the EPA proposed a "sewage blending" policy that would allow wastewater treatment plants to divert sewer flows during periods of heavy rains and snowmelts to bypass an important required biological treatment phase. The partially treated water would then be mixed with properly treated wastewater and poured back into rivers and streams nationwide.

This blending policy poses a serious threat to human health and the environment. Blending treated and untreated wastewater fails to remove deadly disease producing pathogens from the water. These pathogens can cause illnesses such as respiratory infections, hepatitis, and dysentery. Releasing partially treated wastewater would also lead to fish kills, beach closings, and the destruction of shellfish beds.

The EPA is accepting comments on the proposed blending policy until January 9th. Take action today and tell the EPA to protect human health and the environment by withdrawing this proposal. To take action, visit http://amriversaction.ctsg.com/ctt.asp?u=11408&l=10771

Source: American Rivers


4) RESOURCE: EPA Announces $4 Million Grant Program
A $4 million grant program to assess wadeable rivers and streams has been announced. Pre-proposals for the awards are due Dec. 19, 2003. EPA expects to award between 20 and 40 cooperative agreements ranging in value from $50,000 to $500,000 (the larger awards to go to applicants representing multiple states). Applicants may include states, tribes, and other organizations eligible for Clean Water Act section 104(b)(3) funding, such as interstate commissions and associations, universities, municipalities, and non-profit organizations. Participants will conduct monitoring at sites identified by EPA under a randomized design and will be asked to use specific monitoring protocols for their sampling. The Request for Pre-proposals, along with supplemental material, is available on EPA's website at: http://www.epa.gov/owow/monitoring/rfp/index.html. For more information, contact Susan Holdsworth at (202) 566-1187

Source: EPA


5) RESOURCE: "Water on Tap: What You Need to Know"
EPA's Office of Water has released "Water on Tap: What You Need to Know," an updated report which provides the general public with practical information about drinking water. It is written in plain language and is in great demand by students, teachers, concerned citizens, water professionals, and anyone who is interested in drinking water issues. Hard copies can be obtained from the Office of Water Resources Center or by calling the Safe Drinking Water Hotline at 1-800-426-4791. For more information, please contact Harriet Hubbard at (202) 564-4621.

Source: EPA


6) CONFERENCE: 2004 Community Involvement Conference and Training - Denver, CO
The 2004 Community Involvement Conference and Training sponsored by the U.S. Environmental Protection Agency, and chaired by the Office of Water, will be in Denver, Colorado, June 15-18, 2004. In its 7th year, this conference has proven itself to be an excellent opportunity to share lessons learned and to establish and monitor EPA's standards for community involvement. It's a great event for representatives of federal agencies, states, local governments, NGOs and private practitioners of citizen engagement to showcase their successes, compare notes about best practices, and network, network, network. The conference covers the entire scope of public participation, community involvement, partnership building, and outreach and education related to all aspects of environmental protection. The Call for Presenters is now available and all proposals are due by December 19, 2003. To learn more, please go to http://www.epancic.org/2004.

Source: EPA


7) NOMINATION REQUEST: TCL Conservation Achievement Awards
Each year the Tennessee Conservation League presents Conservation Achievement Awards to those Tennesseans making outstanding contributions to natural resource conservation during the past year. The program gives Tennesseans an opportunity to honor individuals and organizations
whose achievements in the conservation of Tennessee's bountiful natural resources are deserving of statewide recognition.

In order to make sure the most deserving candidate receives the respective award, TCL is seeking nominations from individuals and organizations across the state. Any Tennessee citizen, organization or industry is eligible for an award. Nominees or those submitting the nominations do not need to be members of the League, but accomplishments must have been completed in 2003 in the state of Tennessee.

The Awards will be presented at the League's Annual Awards Banquet. The banquet will be held during League's 58h Annual Meeting on Saturday March 20, 2004 at 7 p.m. at the Montgomery Bell State Park Resort in Dickson, Tennessee. The deadline for submitting nominations is January 1, 2004. Award winners will be notified by March 1, 2004.

For additional information on how to submit nominations, please contact TCL at (615) 353-1133.

Source: Tennessee Conservation League


8) PUBLIC NOTICE: NPDES Permits
TDEC has posted the following draft environmental permits to solicit comments and information necessary to evaluate the potential impact of the proposed activities on human health and the environment. Submit comments by mail to TDEC, Division of Water Pollution Control, 6th Floor, L&C Tower, 401 Church St., Nashville, TN 37243, Attn: Public Notice Coordinator; by fax at (615) 532-0503; or by email at [email protected] Comments must be received by DECEMBER 15, 2003.

Individual NPDES Permits
Proposed Terminations
Applicant name Saddles Steakhouse
Permit number TN0074845 Permit Writer HVA EAC Memphis
Major discharger No
Location 3165 Forest Hill Irene Road
County Shelby
City Memphis
Zip 38125
Description of activity Grease trap, septic tank, anaerobic holding tank, sand bed and chlorination
Effluent description treated domestic wastewater from Outfall 001
Receiving stream unnamed tributary at mile 2.6 to Nonconnah Creek at mile 19.7
Facility latitude 35.067500 Facility longitude -89.761111

Applicant name Hanafee Bros. Sawmill Co., Inc.
Permit number TN0074471 Permit Writer ELS EAC Jackson
Major discharger No
Location 520 East Harper St
County Obion
City Troy
Zip 38260
Description of activity Timber Products Processing
Effluent description log spraying wastewater through Outfall 001
Receiving stream Troy Creek at mile 6.2 to Davidson Creek at mile 2.9
Facility latitude 36.338333 Facility longitude -89.163056

Applicant name Storey Sawmill & Lumber Co., Inc.
Permit number TN0073326 Permit Writer ELS EAC Jackson
Major discharger No
Location 306 Bright Street
County Obion
City Troy
Zip 38260
Description of activity Logging
Effluent description log spraying wastewater
Receiving stream Troy Creek at mile 6.2, Davisoon Creek at mile 2.9 and Obion River 68.9
Facility latitude 36.340833 Facility longitude -89.161944

Applicant name Nova School
Permit number TN0023264 Permit Writer HVA EAC Jackson
Major discharger No
Location 248 Bedford White Road
County Madison
City Jackson
Zip 38305
Description of activity Extended aeration
Effluent description treated domestic wastewater from Outfall 001
Receiving stream unnamed tributary at mile 0.5 to Johnson Creek at mile 4.4
Facility latitude 35.685833 Facility longitude -88.755555

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


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 DECEMBER 30, 2003

Individual NPDES Permits

Non-Coal Proposed Reissuances

Applicant: Camden Gravel Company
Facility: Camden Gravel Pit
NPDES Permit Number: TN0069078
County: Benton
Street Address: Highway 70 Bypass
City: Dyersburg
Zip: 38025-0527
Description of Activity: Chert gravel mine
Receiving Stream: Ammon Creek
Effluent Description: Treated wastewater and stormwater
Permit Writer: JPJ

Applicant: Columbia Rock Products Corporation
Facility: Plant and Mine 1
NPDES Permit Number: TN0004171
County: Maury
Street Address: Off Highway 31 South
City: Columbia
Zip: 38402
Description of Activity: Underground limestone mine and surface processing unit
Receiving Stream: Rutherford Creek
Effluent Description: Treated wastewater and storm water
Permit Writer: JPJ

Applicant: J. R. Hayes Construction Company, Inc.
Facility: Mine 2
NPDES Permit Number: TN0070785
County: Henry
Street Address: 2525 Highway 79 South
City: Paris
Zip: 38242-0908
Description of Activity: Surface gravel mine and processing
Receiving Stream: South Fork Eagle Creek
Effluent Description: Treated wastewater and storm water
Permit Writer: JPJ

Applicant: J. R. Hayes Construction Company, Inc.
Facility: Mine 3
NPDES Permit Number: TN0068985
County: Henry
Street Address: 2525 Highway 79 South
City: Paris
Zip: 38242-0908
Description of Activity: Surface gravel mine and processing
Receiving Stream: Beaverdam Creek
Effluent Description: Treated wastewater and storm water
Permit Writer: JPJ

Applicant: Loyston Road Quarry
Facility: Loyston Road Quarry
NPDES Permit Number: TN0072150
County: Union
Street Address: 569 Loyston Road
City: Maynardville
Zip: 37807-2201
Description of Activity: Limestone quarry and processing facility
Receiving Stream: Unnamed tributary of Bull Run Creek
Effluent Description: Treated wastewater and storm water
Permit Writer: CTH

Non-Coal Proposed Modifications and Reissuances

Applicant: Rinker Materials South Central, Inc.
Facility: Tri-Cities Airport Quarry
NPDES Permit Number: TN0027588
County: Sullivan
Street Address: 5736 Centenary Road
City: Blountville
Zip: 37617
Description of Activity: Limestone mining and processing with asphalt plants owned by another entity
Receiving Stream: Unnamed tributaries of the South Fork of the Holston River
Effluent Description: Treated wastewater and storm water
Permit Writer: JPJ

Applicant: TVM/TSW, LLC
Facility: Endsley Quarry
NPDES Permit Number: TN0072125
County: Blount
Street Address: 428 Endsley Quarry Lane
City: Friendsville
Zip: 37737-2817
Description of Activity: Marble quarry and processing facility
Receiving Stream: Unnamed tributary of Gallagher Creek
Effluent Description: Treated wastewater and storm water
Permit Writer: CTH

Non-Coal Proposed Modification

Applicant: Silvara Stone Company, LLC
Facility: Processing Facility
NPDES Permit Number: TN0072753
County: Cumberland
Street Address: 309 County Seat Road
City: Crossville
Zip: 38555
Description of Activity: Stone processing/preparation plant
Receiving Stream: Onemile Creek
Effluent Description: Treated wastewater and storm water
Permit Writer: JPJ

Coal Proposed Reissuance

Applicant: Gatliff Coal Company
Facility: Tackett Creek Area 14
NPDES Permit Number: TN0071838
County: Campbell and Claiborne
Street Address: White Oak/Duff Road
City: Duff
Zip: 37729
Description of Activity: Coal surface mine
Receiving Stream: Tackett Creek and Little Tackett Creek
Effluent Description: Treated wastewater and storm water
Permit Writer: MRR

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]

November 25, 2003

NRS03-347
TDOT Widening of Interstate 24 From SR840 to SR96 Rutherford County, TDOT#75001-1178-44

November 18, 2003

NRS03-278
Nashville District Corps of Engineers, proposed mussel relocation experiment; Tennessee River in Hardin County.

PH03-010
City of Franklin, announcement of December 18 public hearing regarding city's proposal to increase withdrawal from Harpeth River.

NRS03-367
TDOT, SR-205 Emergency Stream Bank Restoration, Unnamed tributary of Grays Creek, Shelby County.
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.
03-93
Expires 1/5/2004, Ponderosa Property Owners Association, Proposed Hydraulic Dredging of Private Marina and In-lake Disposal of Dredged Material into GeoTextile Tubing for Ecosystem Creation at Hog Creek Embayment, Tennessee River Mile 121.9, Left Bank, Kentucky Lake, Decatur County, TN

03-91
Expires 1/5/2004, Calvert City Terminal, LLC (Southern Coal Handling), Proposed Additional Fleeting at Two Locations for the Calvert City Terminal: (1) Tennessee River Mile (TRM) 14.5, left bank, (Atofina Chemicals Site - empty barge fleeting); and (2) TRM 12.6 to 13.7, right bank, (Morrisroe Site - loaded and empty barge fleeting), Marshall County, Kentucky

03-58
Expires 1/1/2004, Lowe's Company, Inc., Proposed Fill and Encapsulation of an Unnamed Tributary to Little Tennessee River Mile 17.8, Left Bank (Tellico Lake), Monroe County, Tennessee

03-92
Expires 12/19/2003, Waste Industries, Inc., Proposed Wetland Fill Associated with a Development of a Regional Subtitle D Solid Waste Landfill at the upper reach of Dry Fork Creek, a Tributary of Cane Creek, and Tributaries of Samples Fork Branch, a Tributary to Rocky River, Van Buren County, Tennessee

03-90
Expires 12/22/2003, Tennessee Department of Transportation, Proposed Channel Relocation and Culvert Construction for State Route 15 (U.S. 64) Improvements at Various Unnamed Tributaries to Flat Gap Creek, a tributary to Tennessee River Mile 168.2R, Hardin County, Tennessee

03-66
Expires 12/11/2003, Southern Services Landfill, Waste Management, Inc. of Tennessee, Proposed 1.25-acre wetland fill and fill associated with the relocation of 2242 linear feet of an unnamed intermittent tributary at Cumberland River Mile 181.0, Right Bank, Cheatham Lake, Davidson County, Tennessee.

03-89
Expires 12/14/2003, Kentucky Department of Fish and Wildlife, Proposed Fill Associated with Fishing Jetty, Little River Mile 3.0, Left Bank, Lake Barkley, Tract 2814, Trigg County, Kentucky.
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