October 17, 2003

1) TCWN Working for You! TCWN Files Lawsuit Against Knoxville Utilities Board
2) PUBLIC PARTICIPATION OPPORTUNITY: Group 2 Watershed Meetings
3) EVENT: Center for Watershed Protection Watershed Planning Workshop
4) EVENT: Source Water Protection Workshops
5) EVENT: 2004 National Monitoring Conference: Building and Sustaining Successful Monitoring Programs
6) NEWS: CWA Ruling - Logging Operations Need Stormwater Permits
7) NEWS: Call for Nominations for 2004 National Wetlands Awards
8) NEWS: New Salamander from East Tennessee
9) RESOURCE: EPA Watershed Grants
10) JOB OPPORTUNITY: WWF Southeast Rivers Agriculture Position
11) PUBLIC NOTICE: NPDES Permits
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! TCWN Files Lawsuit Against Knoxville Utilities Board
On September 26, 2003, the Tennessee Clean Water Network (TCWN) filed a citizen's lawsuit against the Knoxville Utilities Board (KUB) over violations of the Clean Water Act by KUB. These violations result in the release of millions of gallons of raw, untreated sewage onto private property, greenways, parks, streets and into steams, creeks and the storm drain system serving the City of Knoxville and the Tennessee and Holston Rivers. From these illegal discharges, large quantities of harmful pollutants including fecal coliform bacteria are released.

Many of these discharges occur through Sanitary Sewer Overflows (SSOs) where raw, untreated sewage spills from the sewer system through manholes, pump stations, breaks in sewer lines, or from overflow valves. Since 1972, SSOs have been illegal and a violation of the Federal Clean Water Act.

According to the complaint filed, TCWN seeks a declaratory judgment, injunctive relief, a moratorium on additional connections to KUB's wastewater collection system, the imposition of civil penalties, and the award of costs including expert witness fee and attorney fees.

Tennessee Clean Water Network made its decision to pursue legal strategies following a settlement between KUB and the State of Tennessee in May 2003. The settlement, filed with the Tennessee Secretary of State purported to resolve KUB's violations of SSOs. However, TCWN alleges that the Agreed Order will not address hundreds of overflow, bypass, and washout violations that will continue to occur in the KUB Service Area.

2) 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/

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]

Source: Tennessee Department of Environment and Conservation

3) EVENT: Center for Watershed Protection Watershed Planning Workshop
Knoxville Convention Center
701 Henley Street
October 28 and October 29, 2003
8:30am until 5:00pm

TVA's Melton Hill Watershed Team, in partnership with the Beaver Creek Task Force and the City of Knoxville, invites you to attend a Watershed Planning Workshop taught by the Center for Watershed Protection on Tuesday, October 28, 2003 and Wednesday, October 29, 2003 from 8:30am until 5:00pm at the Knoxville Convention Center.

There is no charge for this workshop, however pre-registration is required. To register, contact Tom McDonough by e-mail at [email protected] or by telephone at 865-988-2483 by October 17th.

Source: Water Quality Forum listserve

4) 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

5) EVENT: 2004 National Monitoring Conference: Building and Sustaining Successful Monitoring Programs
Chattanooga, Tennessee - May 17-20, 2004
Explore and share the experiences, expertise, lessons learned, innovations, and strategies that strengthen and sustain both the technical and institutional elements of monitoring programs. The Chattanooga meeting will be the fourth National Monitoring Conference hosted by the National Water Quality Monitoring Council (NWQMC). Like its predecessors, the 2004 Conference will provide an outstanding opportunity to participate in technical programs and training, share successes, discuss issues, and network with our colleagues in the water monitoring community. The program will include plenary sessions, workshops, oral presentations, posters, exhibits, facilitated discussions, field trips, and informal networking opportunities. The 2004 conference will weave together five overall themes related to each element of the framework and critical to building and sustaining successful programs:
· Promoting collaborative efforts
· Exploring new and emerging methods and technologies
· Addressing changing expectations of monitoring
· Ensuring data and information comparability
· Sharing results and successes

Abstracts are currently being accepted.
The deadline for abstract submission is October 31, 2003.
Visit www.nwqmc.org for more information.

Source: River Network

6) NEWS: CWA Ruling - Logging Operations Need Stormwater Permits
Late Tuesday, a federal court ruled that logging companies are no different than anyone else and must abide by the federal Clean Water Act. The judge found that logging companies are required to get permits for pollution emitted from "ditches, culverts, channels, and gullies". The ruling is the first in the nation to apply the Clean Water Act to this type of logging pollution.
The opinion by Judge Marilyn Hall Patel gives the go-ahead for the Environmental Protection Information Center (EPIC), represented by Earthjustice, to proceed with its case against the Pacific Lumber Company. This suit targets years of devastating pollution in Bear Creek, a tributary of the Eel River in Humboldt County California.
Pollution caused by logging operations is extremely common. The federal EPA and state of California have found that 85% of the northern California rivers and streams, including Bear Creek and the Eel River, are severely polluted by logging. The devastating effects of logging pollution on aquatic habitat are the primary cause of reduced coho salmon and steelhead populations, which now require federal protection.
The lawsuit charges that Pacific Lumber Company is discharging massive amounts of pollution through ditches, channels, and other "point sources" without necessary pollution control permits. Under the CWA, it is illegal to discharge pollution into the waters of the United States from "discrete conveyance points" without permits.
The case number is No. C 01-2821 MHP.
Additional information and photographs of Bear Creek are available on EPIC's website at: www.wildcalifornia.org/projects/cleanwateract
Source: Earthjustice
7) NEWS: Call for Nominations for 2004 National Wetlands Awards
Each year the environmental community comes together to honor individuals who have dedicated their time and energy to protecting our nation's precious wetlands. The 2004 Awards will be given in six new categories: Education and Outreach; Science Research; Conservation and Restoration; Landowner Stewardship; State, Tribal, and Local Program Development; and Wetland Community Leader.

The National Wetlands Awards Program honors individuals from across the country who have demonstrated extraordinary effort, innovation, and excellence through programs or projects at the regional, state, or local level. Program co-sponsors - the Environmental Law Institute, U.S. Environmental Protection Agency, U.S.D.A. Forest Service, U.S. Fish and Wildlife Service, NOAA Fisheries, and Natural Resources Conservation Service - believe that rewarding these efforts helps ensure that future generations will have quality wetlands, biological diversity, and clean water.

Nomination forms for the 2004 National Wetlands Awards Program are now available. To download the nomination form, please visit http://www.eli.org. The deadline for submitting nominations is December 15, 2003. Organizations and federal employees are not eligible.

For more information or questions about the National Wetlands Awards Program, please e-mail [email protected], or contact Erica Pencak at 202-939-3822.

Source: Clean Water Network listserve

8) NEWS: New Salamander from East Tennessee
Herpetologists Jennifer A. Anderson and Stephen G. Tilley, Smith College, Northampton, Massachusetts, recently discovered and formally described as new to science a salamander from the Cumberland Plateau of eastern Tennessee. Their article, entitled "Systematics of the Desmognathus ochrophaeus Complex in the Cumberland Plateau of Tennessee" appeared in the Fall 2003 issue of Herpetological Monographs. Dubbed the Cumberland Dusky Salamander, this small amphibian was given the scientific names Desmognathus abditus. The species name "abditus," meaning hidden, concealed, or secret, was used because for so long it had remained hidden from science in the heavily-populated eastern United States. See color image at http://www.cnah.org/detail.asp?id=1238.

Source: SAMAB News Briefs

9) RESOURCE: EPA Watershed Grants
To further preserve and restore the country's waterways, the Bush dministration is calling on the nation's governors and tribal leaders to apply for the second round of EPA's watershed grants. This Watershed Initiative was first proposed by President Bush in his 2003 budget to protect waterways across the country. In May 2003, EPA announced the first round of nearly $15 million in grants to 20 watershed organizations selected as part of this new Watershed Initiative. The president has asked Congress for a $21 million appropriation for grants to support community-based approaches and activities to help local water resources.

Nominations by the country's governors and tribal leaders for the second year of grants competition will be due to EPA on or before Jan. 15, 2004. The Agency will then evaluate and rank each submission based on a set of criteria outlined in today's notice. Final selections of the
watershed grantees will be announced next spring.

For additional information, visit http://www.epa.gov/owow/watershed/initiative/

Source: River Network

10) JOB OPPORTUNITY: WWF Southeast Rivers Agriculture Position
World Wildlife Fund seeks a Program Officer for its Southeast Rivers and Streams Program. This position will work on agricultural issues, primarily implementing parts of the Farm Bill in WWF Priority Watersheds program. This position will initiate implementation of on-the-ground conservation initiatives with landowners, and support the Program's other ecoregion conservation projects, fundraising activities, policy, networking and communications strategies working with WWF-Partners, stakeholders, and national, regional and state organizations.

Requirements:
A Master's degree in natural resource management or related field and at least 3-5 years experience in program management or natural resource management as well as an understanding of conservation issues in the southeastern United States. This position will be located at WWF-US's Tennessee office in Nashville.

AA/EOE Women and minorities are encouraged to apply. Please send cover letter, resume and salary expectation by email to [email protected], by fax to (202) 293-9211 or by mail to World Wildlife Fund, Human Resources Dept. #24036, 1250 24th Street, NW, Washington, DC 20037. For more info: www.worldwildlife.org. NO TELEPHONE INQUIRIES PLEASE.

Source: World Wildlife Fund

11) 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 OCTOBER 28, 2003.

Individual NPDES Permits
Proposed New Issuances

Applicant Foothills Pointe Owners Association, Inc.
Permit TN0062316 Permit Writer HVA EAC Name Knoxville
Major Discharger No
Locatio Southshore Drive, Greenback, TN 37742
Count Loudon
City Greenback
Zip 37742
Description of Wetlands
Effluent treated domestic wastewater from Outfall 001
Receiving Tellico Reservoir (Little Tennessee River) at mile 13.4
Facility 35.658888 Facility -84.240555
Proposed Reissuances
Applicant Winchester STP
Permit TN0021857 Permit Writer PRM EAC Name Columbia
Major Discharger Yes
Locatio 448 Utility Drive, Winchester, TN 37398
Count Franklin
City Winchester
Zip 37398
Description of Treatment of municipal sewage
Effluent treated domestic wastewater from Outfall 001
Receiving Elk River 153.8
Facility 35.204167 Facility -86.155556
Applicant Dyersburg STP
Permit TN0023477 Permit Writer MTS EAC Name Jackson
Major Discharger Yes
Locatio 435 Hwy 51 Bypass South
Count Dyer
City Dyersburg
Zip 38025
Description of Treatment of municipal sewage
Effluent treated municipal wastewater from Outfall 001
Receiving North Fork Forked Deer River at mile 2.8
Facility 36.029166 Facility -89.418055
Applicant Southwest School
Permit TN0023787 Permit Writer HVA EAC Name Memphis
Major Discharger No
Locatio 8095 Highway 194
Count Fayette
City Macon
Zip 38048
Description of Lagoon
Effluent treated domestic wastewater from Outfall 001
Receiving An unnamed tributary at mile 0.8 which enters Shaws Creek at mile 13.1
Facility 35.144444 Facility -89.489444
Applicant Lost Sea Inc-Sweetwater
Permit TN0055514 Permit Writer HVA EAC Name Knoxville
Major Discharger No
Locatio Route 2, Lost Sea Pike
Count Monroe
City Sweetwater
Zip 37874
Description of Activated sludge
Effluent treated domestic wastewater from Outfall 001
Receiving Mile 1.2 of an unnamed tributary which enters Fork Creek at mile 20.0
Facility 35.543055 Facility -87.509166
Applicant Greenback School
Permit TN0062243 Permit Writer HVA EAC Name Knoxville
Major Discharger No
Locatio 400 Chilhowee Avenue
Count Loudon
City Greenback
Zip 37742
Description of Activated sludge
Effluent treated domestic wastewater from Outfall 001
Receiving An unnamed triubutary at mile 1.3 to Baker Creek at mile 5.9
Facility 35.658611 Facility -84.176111
Applicant Lanier Elementary School
Permit TN0062391 Permit Writer HVA EAC Name Knoxville
Major Discharger No
Locatio Route 2, 100 Country Club road
Count Blount
City Maryville
Zip 37692
Description of Activated sludge
Effluent treated domestic wastewater from Outfall 001
Receiving Nine mile Creek at mile 13.9
Facility 36.234722 Facility -82.329167
Proposed Terminations
Applicant Piper Farm Products, Inc.
Permit TN0000701 Permit Writer PRM EAC Name Memphis
Major Discharger No
Locatio 719 Piper Street
Count Shelby
City Collierville
Zip 38017
Description of Rolling, Drawing, and Extruding of Nonferrous Metals, Except Copper and Aluminum
Effluent non-process wastewater from Outfall 001
Receiving unnamed tributary to Wolf River
Facility 35.047222 Facility -89.683333

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

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 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/

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
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.

03-80 - 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.

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

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