May 22, 2003

1) PUBLIC PARTICIPATION OPPORTUNITY: Public Hearing on SR-840Permits in Williamson County
2) PUBLIC PARTICIPATION OPPORTUNITY: Public Hearing on Robert Clear Coal Company Permits
3) NEWS: Thank You to TWRA for Supporting the Protection of the Clean Water Act!
4) NEWS: EPA Survey Shows Progress in Biological Assessments & Criteria
5) NEWS: Pew Oceans Report Due June 4
6) EVENT: Middle Tennessee Environmental Forum
7) EVENT: Managing Well in Hard Times Workshop - June 6
8) EVENT: 2003 Great North American Secchi Dip-In
9) PUBLIC NOTICE: NPDES Permits
10) PUBLIC NOTICE: TDEC Mining Section NPDES Permits
11) PUBLIC NOTICE: Aquatic Resource Alteration Permit (ARAP) Notices
12) PUBLIC NOTICE: US Army Corps of Engineers Nashville District Permit Notices


1) PUBLIC PARTICIPATION OPPORTUNITY: Public Hearing on SR-840 Permits in Williamson County
The Tennessee Department of Environment and Conservation, Division of Water Pollution Control will hold a public hearing on Thursday, June 5, 2003 at 6:00 P. M. CDT at Fairview High School, 2595 Fairview Blvd, Fairview, Tennessee, 37062. The purpose of the public hearing is to solicit public comments regarding an application by Tennessee Department of Transportation (TDOT) for Aquatic Resource Alteration Permits pursuant to the Tennessee Water Quality Control Act of 1977 and §401 Water Quality Certifications pursuant to the federal Clean Water Act (Permit Number NRS02.350) for the proposed construction of 6.43 miles of SR-840 from southwest of SR-100 to west of Bending Chestnut Road in Williamson County, Tennessee.

TDOT is seeking permits that would authorize stream and wetlands crossings along the proposed alignment. These crossings would include Copperas Branch, White Oak Branch, South Harpeth Creek, Kelly Creek, unnamed tributaries of the South Harpeth River and Turnbull Creek. Impacts to all waters would be in headwaters in the vicinity of the Duck/Harpeth River watershed divide.

A Joint Public Notice (P/N 02-75) was issued by the U.S. Army Corps of Engineers on November 8, 2002 concerning the proposed project. That notice can be reviewed via the internet at: http://www.orn.usace.army.mil/cof/notices/02-75.pdf

A previous public hearing was held in Williamson County on January 14, 2003. Issues that arose during the first public hearing concerning the legibility of diagrams contained in the original notice, failure to provide written notice to interested parties, and the water quality status of certain waters resulted in a decision by the division to issue, concurrently, a second Public Notice (PN#03-30) of the proposed permits and this notice for a second public hearing.

Persons wishing to comment on the proposed project are invited to deliver oral or written comment at the public hearing. The hearing officer will limit all testimony to relevant water quality issues and may limit testimony in the interest of time, however, all persons desiring to speak will be afforded an opportunity to do so. The public is also invited to submit comments in writing to the Division at the address printed below. The comments must be received by close of business on June 9, 2003. After considering all public comments, a final permit decision and a notice of the Division's determinations will be announced. The permit application and supporting documentation are available for review at the Division office during business hours at the following address:
State of Tennessee
Division of Water Pollution Control attn: Brian Canada 7th Floor, Life and Casualty Annex 401 Church Street Nashville, TN 37243-1534
Telephone # 615/532-0660

Source: http://www.state.tn.us/environment/new.php

2) PUBLIC PARTICIPATION OPPORTUNITY: Public Hearing on Robert Clear Coal Company Permits
The Division of Water Pollution Control, Mining Section, will hold a joint public hearing at:
7:00 P. M. EST
May 27, 2003
Elk Valley Elementary School
Pioneer, TN
At the hearing, the Department will receive public comments concerning the issuance of a National Pollutant Discharge Elimination System (NPDES) permit and an Aquatic Resource Alteration Permit (ARAP) to the following applicant:
Robert Clear Coal Company
P. O. Box 352
LaFollette, TN 37766
Mine Area 9
NPDES Permit TN0076376 (Draft)
ARAP M2003-05 (Draft)

This proposed coal surface and auger mine, coal storage facility, and load-out area would discharge treated wastewater and storm water into Dan Branch tributary, Lick Fork tributaries, Botts Hollow tributary, Capuchin Creek, Drew Branch, Granny Barnes Branch, Incline Hollow, Jeffers Hollow, Jeffers Hollow tributary, Little Elk Creek, and Little Elk Creek tributary in Campbell and Scott Counties. The Division of Water Pollution Control, Mining Section, advertised its tentative decision to issue the NPDES permit in Public Notice M2003-06, dated March 31, 2003.

The draft ARAP covers proposed projects associated with the coal mining operation. The company proposes watershed restoration activities designed to decrease sediment loads to downstream reaches and to restore surface drainage patterns within the permit area. The ARAP was advertised on PN M2003-05, dated March 17, 2003.

Written testimony will be accepted through the hearing date and for ten days thereafter. Interested persons may obtain additional information, a copy of the draft permit, and inspect and copy forms at the Division of Water Pollution Control office located at 2700 Middlebrook Pike, Suite 220, Knoxville, TN 37921. Phone (865) 594-6035.

Source: http://www.state.tn.us/environment/new.php

3) NEWS: Thank You to TWRA for Supporting the Protection of the Clean Water Act!
Of the 37 states whose environmental and natural resource agencies submitted comments on the advanced notice of proposed rulemaking, agencies from 35 states (14 with Republican governors) spoke out against weakening the Clean Water Act, including Tennessee.

Tennessee Wildlife Resources Agency submitted comments that included the following:
"At a minimum, we advocate that isolated wetlands and non-navigable streams be afforded protection comparable to that traditionally afforded under the Federal Clean Water Act."
"Fifty-seven percent of the rivers in Tennessee are considered non-navigable water. Because of the coarse scale of the stream coverage this is a conservative estimate of non-navigable waters."

TCWN congratulates the State for taking a strong stand against attempts to weaken the Clean Water Act. The guidance issued by the Bush Administration would remove protections from many small streams, ponds, and wetlands that appear to be disconnected from major rivers and lakes. These waterbodies perform critically important functions, including storing floodwater, filtering pollution, replenishing groundwater, and providing habitat for birds, fish, and other wildlife. These waterbodies are often connected through the groundwater to other lakes, to rivers, and to drinking water wells.

Source: Clean Water Network listserve

4) NEWS: EPA Survey Shows Progress in Biological Assessments & Criteria
According to U.S. EPA's Water News, a recent survey shows progress in biological assessments & criteria. All states, and several tribes and territories, now have biological assessment programs for streams and small rivers, and most are using biological assessments to determine if they have attained aquatic life uses. Twenty-nine States and tribes have narrative biocriteria for streams and small rivers in their water quality standards, and 27 states and tribes have numeric biocriteria for their narrative standards. Many more states and tribes are developing biological criteria programs. Given this progress, about 475 thousand miles of streams and small rivers across the country were assessed in 2001 using biological sampling of fish, invertebrates and algal communities.

This significant progress was revealed in a recent survey conducted by the Office of Water and Office of Environmental Information, Summary of Biological Assessment Programs and Biocriteria Development for States, Tribes, Territories, and Interstate Commissions: Streams and Wadeable Rivers (EPA-822-R-02-048). With this major progress on streams and small rivers, states, tribes and territories can begin to focus on developing biocriteria for other waterbodies (lakes, reservoirs, wetlands and estuaries) for which EPA has developed methods and guidance. You can find the survey and more information on the Internet at
http://www.epa.gov/bioindicators/html/program_summary.html.

Source: Clean Water Network listserve

5) NEWS: Pew Oceans Report Due June 4
The Pew Oceans Commission, an independent group conducting research on U.S. oceans and ocean policies (and a TOP Partner), has announced the release of their long-awaited final report. The report, to be released June 4, discusses the state of the nation's oceans, reviews U.S. ocean policy, and provides recommendations on how to restore, protect, and govern marine resources in U.S. waters. The Commission has already released reports on coastal sprawl, marine pollution, marine aquaculture, introduced species, and fisheries. These reports are all available on the Commission's website, www.pewoceans.org.

Source: The Ocean Project listserve

6) EVENT: Middle Tennessee Environmental Forum
The next Middle Tennessee Regional Environmental Forum will be June 10, 2003, 5-7 pm, in the auditorium of the Nashville Public Library (main/downtown branch). Sign-in/refreshments will begin at 5:00 pm in the foyer outside the library auditorium, with the formal part of the meeting agenda starting at 5:30 sharp. Please mark your calendars now and plan to attend!

This second Forum gathering will focus on the two issues that received the most votes at our first meeting (March 6) in response to the question, "What are the Most Important Environmental Issues In Middle Tennessee" - namely, "Sprawl" (aka, Growth/Development); and Water Quality. Specifically, we want to examine the relationship between these two issues. The meeting will begin with two short (15-20 minute) informative presentations that will look at both the scope of these two issues in Middle Tennessee and how they are related, as well as some possible strategies/solutions. This will be followed by a facilitated panel discussion and interactive Q&A session with all participants. Both the presenters and panelists will represent a wide range of expertise in pertinent areas including water quality/watershed management, growth/development, and regional planning.

A detailed agenda is still being developed and will follow shortly; for now, mark your calendars for June 10, and feel free to invite anyone else you know who might be interested in these issues and/or in participating in the Forum. If you have any questions or comments, please contact:
Charles Jobe
Environmental Coordinator
Nashville Environmental Assistance Center (N-EAC)
Tennessee Department of Environment and Conservation (TDEC)
615.687.7074
Fax: 615.687.7072
Toll Free: 1-888-891-8332
[email protected]
www.tdec.net

7) EVENT: Managing Well in Hard Times Workshop - June 6
The Institute for Conservation Leadership and the Environmental Support Center will offer a "Managing Well in Hard Times" workshop in Atlanta on Friday, June 6th from 9:30 to 4:00 at Southface Energy Institute in Atlanta, with Baird Straughan. DEADLINE FOR REGISTRATION: MONDAY, MAY 26TH

Is the current economy - and the political climate - getting your organization down? Do you have more work than ever on your issues, but fewer resources? Are you struggling to make your budget, or facing the need to make substantial cutbacks? Faced with these obstacles many leaders tend to lower their heads and push forward, but there's also a great deal to be gained by stepping back a second, assessing the situation, and making sure you've really considered all your options.
Here at the Institute for Conservation Leadership and the Environmental Support Center, we have researched how environmental and conservation nonprofits are confronting the current situation, or have done so in the past. When groups face hard choices necessitated by the political and economic climate, the choices they make and the way they implement them really defines that organization for the coming years. Doing it right will make a terrific difference to your group, to the broader movement, and to the work on your issues.

The "Managing in Hard Times" workshop will help you:
1. Assess your financial situation. Choose the information that you should be tracking, and identify key indicators to tell you whether you need to make major changes right away.
2. Explore options that other organizations have used to strengthen programs or cut costs.
3. If you need to make major changes, choose how you want to involve your board and staff, make decisions, inform stakeholders, and move forward.
4. Put your own situation in the context of what's happening in the whole movement, and consider how we can respond collaboratively despite funding cutbacks.
5. Develop your own action plan for next steps once you get back to the office.

This workshop is intended for executive directors, staff, and board members of environmental and conservation organizations. You are strongly encouraged to bring a team of participants from your organization.
Cost: $30/participant. Includes lunch.

To register, complete the following form and send it with your check to:
Institute for Conservation Leadership
6930 Carroll Ave., Suite 420
Takoma Park, MD 20912
You may also pay by credit card by calling us at 301-270-2900.

Number of people attending: x $30 =
Name of people attending and their role in the organization:
Name of organization:
Name of organization's contact person:
Contact person's phone and e-mail:
What would you most like to learn or accomplish at the "Managing Well in Hard Times" workshop?
Please note dietary restrictions of anyone attending from your organization:

Source: Institute for Conservation Leadership

8) EVENT: 2003 Great North American Secchi Dip-In
July is Lakes Appreciation Month and also the time for the Annual Secchi Dip-In. The Dip-In needs your help. We are trying to find new volunteers and new programs that are willing to participate in the Dip-In this year and in future years. If you are a member of a monitoring program, whether it is volunteer or professional, and have not participated in the past, why not participate this year? If your program has not participated in the past, why not contact your coordinator and urge them to enroll?

It's open to anyone who monitors water
It's a good way to publicize a monitoring program
Volunteers love it
You will be contributing to one of the largest all-volunteer water quality monitoring efforts in the world
The data you contribute will be even more useful to you when it can be compared to data gathered by other programs in your area.

Since 1994, Dip-In volunteers have collected more than 27,000 data points from lakes, streams, estuaries, and oceans. It is all accomplished through the cooperation of volunteer and professional water monitoring programs. Volunteers provide us with a set of data, and we provide programs with an event that can be used to give volunteers a sense of national and international purpose. The Dip-In event can be used to publicize a program's efforts; it's a ready-made media event. Why not invite your governor to participate at your Dip-In?

For our part, we continue to make the Dip-In useful to programs. We accept data from all sorts of turbidity instruments, not only Secchi disks, and last year we added temperature and pH. We encourage stream and estuary programs to participate. All nine years of Dip-In data are now available to anyone on our website. We list your program at our site and will be happy to advertise your volunteer events. We continue to add more volunteer methods to our methods section and are more than happy to post contributions or links by others. If you are having trouble with data archiving, we accept data all-year long, which you can retrieve
27,864 Bits of Data
8,290 Volunteers
6,293 Waterbodies
368 Programs

You can see the latest on the Secchi Dip-In at http://dipin.kent.edu
You can see if your program is participating at http://dipin.kent.edu/participate.asp
If you are a program coordinator, you can enroll a program at http://dipin.kent.edu.
For additional information, contact:
Bob Carlson
Professor, Biological Sciences Phone: 330 672 3992
Kent State University Fax: 330 672 3713
Kent OH 44242 E-mail: [email protected]

9) 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 JUNE 16, 2003.

Individual NPDES Permits
Proposed New Issuances
Applicant name ORNL - Spallation Neutron Source Facility (SNS)
Permit number TN0077895 Permit Writer LCBu EAC Knoxville
Major discharger No
Location ORNL, Melton Valley Road
County Anderson
City Oak Ridge
Zip
Description of activity NAICS 57171, Research
Effluent description Cooling tower blowdown, storm water
Receiving stream White Oak Creek, mile 4.2
Facility latitude 35.940277 Facility longitude -84.300833

Proposed Reissuances
Applicant name Freightliner of Knoxville, Inc.
Permit number TN0075957 Permit Writer PRM EAC Knoxville
Major discharger No
Location 1413 Everett Road
County Knox
City Knoxville
Zip 37932
Description of activity sales and service center for freightliner trucks
Effluent description non-contact cooling water from Outfall 001
Receiving stream unnamed tributary to Grable Branch to Hickory Creek to the Clinch River
Facility latitude 36.645833 Facility longitude -84.229167
Applicant name Crompton Corporation
Permit number TN0068527 Permit Writer SEF EAC Memphis
Major discharger No
Location 1231 Pope Street
County Shelby
City Memphis
Zip 38108
Description of activity manufacturer of fatty acids, glycerine, esters, food emulsifiers, and related
products
Effluent description storm water runoff from Outfalls SW1, SW2, SW3, SW4, SW5 and SW9
Receiving stream Workhouse Bayou
Facility latitude 35.166667 Facility longitude -89.962500
Applicant name Standard Construction Co.
Permit number TN0060755 Permit Writer PRM EAC Memphis
Major discharger No
Location 7400 Raleigh-LaGrange Road
County Shelby
City Cordova
Zip 38018
Description of activity Asphalt Paving Mixtures and Blocks
Effluent description
Receiving stream unnamed tributary at mile 3.1 to Fletcher Creek at mile 2.7
Facility latitude 35.145833 Facility longitude -89.813333
Applicant name Hallsdale-Powell Raccoon Valley STP
Permit number TN0059323 Permit Writer WDM EAC Knoxville
Major discharger No
Location Diggs Gap Road
County Knox
City Knoxville
Zip 37928
Description of activity Activated sludge biological treatment preceded by screening and followed by
post aeration , chlorination and disc filtration
Effluent description treated domestic wastewater from Outfall 001
Receiving stream Bull Run Creek Mile 12.6
Facility latitude 36.099722 Facility longitude -84.022500
Applicant name Cleveland Utilities Water Treatment Plant
Permit number TN0004642 Permit Writer SEF EAC Chattanooga
Major discharger No
Location 481 Dry Valley Road NE
County Bradley
City Cleveland
Zip 37320
Description of activity Drinking water treatment plant
Effluent description treated drinking water that does not meet turbidity limits from Outfall 001
Receiving stream wet weather conveyance at mile 0.53 to Little Chatata Creek at mile 1.6
Facility latitude 35.219167 Facility longitude -84.791111
Applicant name K.T.G. (USA) LP
Permit number TN0001198 Permit Writer PRM EAC Memphis
Major discharger No
Location 400 Mahannah Avenue
County Shelby
City Memphis
Zip 38107
Description of activity Paper Mills
Effluent description noncontact cooling water through Outfall 001
Receiving stream Wolf River lagoon at Marble Bayou Pump Station
Facility latitude 35.186111 Facility longitude -90.041667

Applicant name E. I. DuPont De Nemours & Co., Inc. - Memphis
Permit number TN0001091 Permit Writer VMJ EAC Memphis
Major discharger Yes
Location 2571 Fite Road
County Shelby
City Memphis
Zip 38127
Description of activity Manufacturer of various inorganic chemicals, organic chemicals, and acrylic
sheeting.
Effluent description treated process wastewater and nonprocess wastewater from Outfall 001, and
storm water from Outfalls SW1, and SW3-S15
Receiving stream Loosahatchie River at mile 11.8 (all Outfalls)
Facility latitude 35.262000 Facility longitude -89.979999

Proposed Terminations
Applicant name Central School
Permit number TN0023779 Permit Writer HVA EAC Memphis
Major discharger No
Location 10425 Highway # 76
County Fayette
City Somerville
Zip 38068
Description of activity lagoon system (exempt from 503)
Effluent description treated domestic wastewater from Outfall 001
Receiving stream unnamed tributary at mile 3.2 to Bennetts Creek at mile 1.2
Facility latitude 35.208611 Facility longitude -89.352555

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

10) 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 JUNE 9, 2003

Non-Coal Proposed Reissuances
ASARCO, Inc., Tennessee Mines Division, 2421 Old Andrew Johnson Highway, Strawberry Plains, TN 37871-3507. Coy Mine, NPDES Permit TN0001732. This existing underground zinc mine, located at latitude 36_7_23, longitude 83_28_43, discharges treated wastewater and storm water to Mossy Creek in Jefferson County. Biomonitoring language has been revised.

Rogers Group, Inc., P. O. Box 25250, Nashville, TN 37202-5250. Oliver Springs Sand Quarry, NPDES Permit TN0025704. This existing construction sand mine and processing facility, located at latitude 36_00_00, longitude 84_24_40, discharges treated wastewater and storm water to an unnamed tributary to Massengill Spring Creek in Roane County. The operator has requrested renewal of the NPDES permit under the present "Approved" plans and has certified that there will be no changes to the wastewater and storm water treatment system and permitted acreage.

Rogers Group, Inc., P. O. Box 25250, Nashville, TN 37202-5250. Pottsville Quarry, NPDES Permit TN0066630. This existing limestone quarry and processing facility with an asphalt concrete plant, located at latitude 35_37_30, longitude 86_48_29, discharges treated wastewater and storm water to an unnamed tributary to the Duck River and to karst topography in Marshall County.

Coal Proposed Reissuance
Appolo Fuels, Inc., P.O. Box 1727, Middlesboro, KY 40965. Tackett Creek Surface Mine, NPDES Permit TN0071986, SMCRA Permit 3015. This existing coal surface mine, located at latitude 36_32_43, longitude 83_49_17, discharges treated wastewater and storm water to unnamed tributaries to Tackett Creek in Claiborne County.

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

11) 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]

May 2, 2003

NRS02.445 US Forest Service, road reconstruction, Paint Creek, Greene County, Tennessee

NRS03.108 Tennessee Valley Authority, clamshell-dredging at coal barge un-loader and plant intake channel; Johnsonville Fossil Plant (JOF), Tennessee River, Kentucky Reservoir; Humphreys County, Tennessee
May 15, 2003
NRS03.082 Mr. Timothy Gupton, impoundment of perennial stream, Hansard Mill Branch, Knox County, Tennessee
NRS03.083 Colonial Pipeline Company, pipeline segments replacement, project will cross approximately 155 jurisdictional waters of the State. The waters vary from wet-weather conveyance to perennial. Hamilton, Bradley, McMinn, Loudon, and Knox Counties, Tennessee.
NRS03.116 TDOT, bridge construction, Unnamed tributary to Spring Creek, Weakley County, Tennessee.
NRS03.143 City of Mount Juliet, gravity sewer line construction, Cedar Creek, Wilson County, Tennessee.
NRS03.145 TDOT, Widening of Interstate 40 from Interstate 24 to Donelson Pike, wetland impact, stream impacts, bridge over Mill Creek, Davidson County TN
Source: http://www.tennessee.gov/environment/wpc/wpcppo/arap/
12) 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.

03-43 - Expires 6/8/2003, Ronald H. Dean, Dean Construction, Proposed Community Dock Facilities, Fishing Pier, and Boat Launching Ramp, Mile 1.8 to 2.4L, South Chickamauga Creek, Opposite Mile 468.2L, Tennessee River, Nickajack Lake, Hamilton County, TN

03-41 - Expires 5/19/2003, Limestone County Commission, Proposed Public Boat Ramp, Lucy's Branch Embayment, Opposite Tennessee River Mile 287.0R, Wheeler Lake, Limestone County, AL

03-39 - Expires 6/2/2003, Cumberland Yacht Harbor, Proposed Excavation for Recessed Commercial Marina, Mill Creek Mile 0.2, Opposite Cumberland River Mile 194.5L, Cheatham Lake, Davidson County, TN

03-36 - Expires5/24/2003, Neal G. Clement, MD, Existing Mechanized Land Clearing, Wetland Fill and Proposed Wetland Restoration Plan, Adjacent to Sinking creek within Harding Bottoms, Tennessee River Mile 245.8R, Lauderdale County, AL

03-37 - Expires 5/21/2003, Mr. Ed Loy, Jr., Proposed Channel Dredging and Riprap, Little Turkey Creek Mile 1.9R, Opposite Tennessee River Mile 616.5R, Fort Loudon Lake, Knox County, TN

03-35 - Expires 5/19/2003, Kentucky Transportation Cabinet, Proposed Overpass, Sinking Creek, Somerset, Pulaski County, KY

Source: http://www.orn.usace.army.mil/cof/notices.htm