Newsletter No. 278 March 16, 2008

1. OBED NEEDS and NEWS

1A. We must acquaint legislators with need for acquisition funds

Fully one-fifth of the lands within the authorized boundary of the Obed Wild & Scenic River (WSR) have no protection of any kind. This privately owned land is distributed among over 30 tracts, scattered up and down the gorges, that the government has to date failed to acquire, even though almost 32 years have elapsed since this unit of the National Park System was authorized. Anything could happen on these still privately-owned tracts: condominiums could be built on them, or oil wells could be drilled and potentially leak black goop into the rivers. If the Obed WSR is to remain the jewel that it is, these inholdings need to be purchased by the National Park Service (NPS). But to do this, the NPS needs to have funds appropriated by Congress.
Representatives of TCWP and other groups have met with Representative Lincoln Davis (in August) and with staff of Senators Corker and Alexander (in June and February, respectively) urging them to help in securing an FY2009 Land & Water Conservation Fund (LWCF) appropriation for the land purchases needed to complete our spectacular Obed Wild & Scenic River. These legislators have requested that concerned groups and individuals write them letters in support of securing this funding. We hope very much that you will write such a letter (see box below).
You may wish to use one or more of the points from the following background information.
• The Cumberland Plateau is a region that is increasingly recognized as one of the most biologically diverse and scenic in the Americas. (The Natural Resources Defense Council has designated the Plateau as an American BioGem.)
• The Obed Wild & Scenic River (WSR) was authorized in 1976. It has been almost 32(!) years since our Congress voted to secure the beautiful Obed for all to enjoy.
• The authorized boundary of the OWSR encompasses ~5,100 acres, but over 1,000 acres still have no protection of any kind, even though the land is located within the boundaries of the park.
• Most people are unaware that the Obed WSR is incomplete and highly vulnerable. They believe the Obed land has been secured.
• For most of the 30+ inholdings, there are willing sellers at appraised rates.
• Being a small unit, the Obed WSR has been overlooked within the NPS at all levels with respect to acquisition needs.
• The Obed has a growing national reputation with paddlers and climbers.
• The Cumberland Plateau has become a booming real-estate market for residential development. Additionally, resource extraction (oil, gas, coal) is a real threat in the region. Therefore, acquisition of mineral rights (as well as surface rights) is needed.
• Development of just a few (or possibly even one) of the presently private tracts in the Obed WSR could seriously degrade the entire resource, destroying its wild character, its viewshed, its outstanding scenery, its water quality, and its biological diversity.
• A relatively small expenditure of funds (an estimated $4 million) could permanently secure this resource beloved of whitewater enthusiasts, sports climbers, hikers, photographers, and nature lovers.
• Delay would greatly increase the funds required (real-estate costs in the region are escalating at a great pace).  What's worse it could cause us to lose one of the jewels of the National Park System.

1B. An Obed outing for policy makers

TCWP is planning an Obed outing for policy makers on Saturday, April 19, to acquaint our local, state, and national legislators and administrators with the beauties and recreational opportunities of the Obed Wild & Scenic River (WSR). Attendance at the event will be by invitation. Activities being planned are a raft trip or a hike. As plans mature, we may be calling on some of our members for help. Stay tuned.

1C. This year's annual cleanup, May 3

This year's Obed cleanup event will be held on the National River Cleanup Day, May 3. Rain or shine, meet at the park's Visitor Center in Wartburg at 9:00 a.m. (EDT) for travel to the Nemo and Lilly Bluff areas. All ages are welcome! After the trash pickup, NPS will provide hamburgers and hot dogs at the Visitor Center. Wear sturdy shoes and bring work gloves, hats, and bug repellant.
Be sure to check the Calendar (¶11, this NL) for another Obed event on April 12. For information on additional Obed activities, contact Joe Zagorski, Chief of Interpretation, at 423-346-8901 Ext. 24, or joseph_zagorki@nps.gov.

2. THE GREATER FROZEN HEAD

2A. Express your gratitude for major Frozen Head land additions

We strongly supported and are deeply grateful for the "Connecting the Cumberlands" partnership initiative funded by the State of Tennessee, TNC (The Nature Conservancy), and two timber management companies (Lyme Timber and Conservation Forestry LLC). This $129M project protects, to varying degrees, 127,854 acres of forested lands in the Cumberlands, creates a vital wildlife corridor, and maintains economic benefits for local communities. The component parts of this project were described in NL277 ¶1A (write to us [see bottom of p.1] if you would like to receive updated figures).
A small and exquisite fraction of this package, 10,805 acres, was purchased outright ("in fee") and added to Frozen Head State Park and Natural Area, almost doubling the acreage of this gem of our state-park system (which encompassed ~13,000 acres before that). Of the new land, 4,876 and 5,929 acres were acquired by TNC and the State, respectively (according to TNC figures). The fee area includes Bird and Love Mountains (totaling about 3,000 acres), which lie to either side of the valley as you drive into the Park, essentially flanking the entrance. TCWP has for years advocated state acquisition of these mountains. The remaining ~8,000 acres of the fee area lie between the northern edge of the "old" Park & Natural Area and the upper Emory River and stretch westward toward (but not reaching) US 27.
We are thrilled that this new, high-quality Frozen Head land, which includes the headwaters of the Emory River, has been added to the public domain and we hope that it can now receive the care and stewardship it deserves and needs through protective management. Please add your individual thanks to ours for this wonderful initiative (see action box below)
Although the acquisition of so much land in such a short timeframe is an unprecedented happening, the Tennessee Department of Environment & Conservation (TDEC) has already taken a number of important steps. In November, shortly after the acquisition package was announced, the Commissioner published the public-use policy for hunting and ATV use in the various units (summarized on the website http://state.tn.us/twra/news/emoryriver.html. For the Emory River acquisitions, this policy is as follows:
• On Love and Bird Mountains (which encompass ~3,000 acres around the entrance to Frozen Head, hunting and fishing will not be permitted.
• The remaining ~8,000 acres of the fee area, and the ~19,000 acres of the Emory easement area, are open to hunting and ATV use for individuals who are hunting with hunting licenses during a hunting season.
• ATV use for recreational purposes is not permitted on any of the Emory River properties.
TDEC, with a view to their mission of resource protection and public safety, is also in process of adding staff to Frozen Head, although approval of new positions may be relatively slow in coming. We understand that TWRA (the Tennessee Wildlife Resources Agency) has recently been engaged to supplement TDEC patrols. This is an important aspect of assuring interim protective measures during the time that it takes to develop and implement a management plan (see ¶2B, below). Interim measures should include, (a) enforcing restriction of vehicles to official roads to prevent serious damage to streams, wetlands, sensitive plant communities, and cultural resources, (b) creating a safety buffer between the "old" Park & Natural Area (plus Bird Mountain). and the area where hunting is permitted.

2B. Planning for management
[Contributed by Sandra Goss]

We applaud the State for creating a Planning Team to devise a Management Agreement for the land purchased in fee as part of the Connecting the Cumberlands project. See ¶2A, above, for the extent and location of these “fee lands.” TCWP Executive Director Sandra K. Goss is on the Planning Team, along with David Reister from the Cumberland Trail Conference, Morgan County native Joni Lovegrove (Director of the Friends of the Cumberland Trail, and founding member of the Emory River Watershed Association), and three men -- Mike Monroe, Doug Garrett, and Phil Davis – who represent the Morgan County hunting community. The group met, for the first time, on March 10 with TDEC Asst. Commissioner Mike Carlton, Frozen Head Superintendent David Engebretsen, a number of TDEC staffers, and Alex Wyss of TNC.
Creation of the Planning Team is an important element in a reasoned, open, and transparent process. The state plans to activate a web page before the end of March that will enable the public to comment on the uses of the Emory fee lands. Check TCWP's web site (www.tcwp.org) for the link. The Planning Team will work with the Commissioner's announced public-use policy for hunting and ATV use (see ¶2A, above). Over the next several months, they will develop an agreement, which will then be the subject of public meetings and additional comment.

2C. Frozen Head State Natural Area Volunteer Trail Days

You can help maintain or repair the beautiful trails of Frozen Head State Natural Area by participating in one or more of the monthly Volunteer Trail Days. For the rest of this year, they are as follows.
April 5, May 17, Jun 21, Jul 19, Aug 23, Sep 20, Oct 18, Nov 15, Dec 6
Trails Day participants meet at 9 a.m. at the visitor center. Specific trails to be worked will be announced the day of. The work day ends at 3 p.m. Please wear sturdy hiking boots, bring a good pair of work gloves, daypack with lunch and water. Dress appropriately for weather conditions of the day. For further information, please contact the Park Office at 423-346-3318.

3. OTHER CUMBERLANDS ISSUES

3A. Efforts to halt destructive rock mining on the Cumberland Trail.
[Information provided by Sarah Francisco, SELC]

The problem
Over the past 10 years, the State of Tennessee has been developing the Justin P. Wilson Cumberland Trail State Park, which will eventually run 300 miles across the Cumberland Plateau, from Cumberland Gap to Signal Point near Chattanooga. Last year, a company that owns subsurface mining rights to the Deep Creek Gorge section of the Park used earth-movers to scrape up and remove sandstone rocks from the surface for sale to builders and landscapers (dimension stone). The extraction stripped trees and other vegetation from a mountainside and buried about 100 yards of the trail. The scenes of destruction are sickening, and the erosion will, additionally, result in water-quality degradation off-site. When the state sued, the Hamilton County Court ruled that the company's action was legally within its mining rights. To try to stop rock mining on parklands, two actions are now under way: (a) in the courts, and (b) in the legislature.
Lawsuit to reverse the court decision
In October, the state appealed the decision of the Hamilton County Chancery Court to the Tennessee Court of Appeal; their brief was due February 18. The mining company has 30 days to respond, and oral arguments will probably be heard 3-4 months after that response. In the meantime, a number of groups, including the Cumberland Trail Conference and TCWP, have taken steps to file an amicus curiae (Friends of the Court) brief in support of the state. Additional groups are welcome to co-sign.
Legislation
If the Hamilton County Court decision is allowed to stand, not only the Cumberland Trail, but other parklands will be at risk of destruction. In approaching the problem from the legislative angle, it becomes important how to define “mineral rights.” Three bills currently before the General Assembly differ chiefly in that regard. The state (TDEC) is backing the bill with the broadest inclusion (limestone, dimension stone, marble, chert, sand, and gravel), and TCWP is putting its support behind that bill as well. It is SB.4198 (Kyle)/HB.4198 (Odom), the TN Non-Coal Surface Mining Law. This provides “for regulation and control of surface mining so as to minimize the injurious effects of such mining, including soil erosion, stream pollution and contaminated water.” It also “revises permitting and bond requirements for operators engaging in surface mining. …”

3B. State will buy cave at head of Sequatchie

Several months ago, the Tennessee Parks & Greenways Foundation (TPGF) succeeded in acquiring a magnificent property around the head of the Sequatchie River (NL277 ¶4A). The Sequatchie comes gushing out of the ground in a couple of springs at the head of its beautiful valley. One of these springs issues from the base of the massive entrance to a cave whose limestone walls are decorated with ~1,000-year old images made by people of the mound-building Mississippian Era. The state of Tennessee will now buy (for $2.1M) and preserve the cave and the 385 acres of land surrounding the springs.
The TCWP Service Committee is working to arrange a summer outing to the area, probably for July. We are grateful to TPGF for taking the initial actions for preserving this resource, and to Gov. Bredesen's administration for adding it to the public domain and assuring its preservation.

3C. Species wealth on the Cumberland Plateau
[From talk by Michael Hodge, Interpretive Ranger at Frozen Head]

It's no wonder the Cumberland Plateau has been designated an American (not just North-American) BioGem. Here is a recent estimate of the number of certain groups of species on the Plateau.
• Vascular plants 2,886
• Frogs 16
• Salamanders 24
• Birds 300+
Great habitat for migratory species. Highest concentration in the geographic range of the Cerulean Warbler, whose overall numbers have declined by 70%.
• Mammals ? (my notes failed me)
Includes some re-introduced species, such as elk, river otter, black bear.
• Fish 231
• Crayfish 40
• Mussels ~20
Of special significance is the existence of numerous caves, especially in the broken-up western escarpment of the Plateau. The cave fauna is very rich – isopods, insects, arachnids, salamanders, bats (including the endangered Indiana Bat).

4. ATTEMPTS TO HALT COAL-MINING DAMAGES

4A. Scenic Vistas Protection bill seeks to stop mountaintop removal

An unconventional, imaginative, and hopefully far-reaching bill is making its way through the General Assembly. Even if only partially enacted, it would have a major beneficial effect on surface coal mining in Tennessee. This bill, SB.3822 (Finney R.)/HB.3348 McDonald, the Scenic Vistas Protection Act, has three major provisions.
1. It requires a new EIS. The Comprehensive Permitting EIS from the mid-1980s has never been updated. Not long ago, OSM rejected Gov. Bredesen's request to do so. The old EIS did not use modern scientific methods and did not contemplate contemporary mining methods such as mountaintop removal or cross-ridge mining. Part (a) of the bill provides that “no permit shall be issued or renewed … for any surface coal mining operation until a new programmatic EIS addressing direct and indirect site specific and cumulative impacts is completed and … published in the Federal Register … “
2. OSM is in process of amending its 100 ft Stream Buffer Zone so as to make it optional (NL276 ¶2). SB.3822/HB.3348 establishes a 300 ft. riparian buffer zone. Thus, Part (b)(1) prohibits the issuance of permits for “[s]urface coal operations, or resulting waste, fill, or in-stream treatment within … 300 feet of any water of the state,” except for “operations to improve the quality of streams previously disturbed by mining;”
3. Part (b)(2) prohibits any “surface coal mining operations to alter or disturb any ridge line above 2,000 feet above sea level …”
This bill has the strong support of members of the faith-based community through a church organization called LEAF. The state will not oppose it. As expected, the coal industry (Knoxville-based National Coal Corp.) is vigorously fighting the bill, claiming (as on previous occasions) that it would take away private landholders' constitutional rights.

4B.Seeking to abolish a mining-related policy that endangers species survival in our rivers

In 1996, the US Fish & Wildlife Service (FWS) issued a “biological opinion” that no coal-mining operation anywhere in the USA would ever harm threatened or endangered species, listed then or in the future, on the assumption that the requirements of the 1977 Surface Mining Control & Reclamation Act (SMCRA) provide sufficient protection. This bizarre opinion was formulated at the request of the Office of Surface Mining (OSM), which was anxious to be absolved from consulting with FWS before issuing permits for surface-mining operations. Increasingly, these have involved mountaintop removal, which buries entire streams (and we all know what that does to aquatic species!).
On January 15 of this year, three national conservation groups (NPCA, WWF, the Center for Biological Diversity) and the Tennessee Wildlife Resources Agency (TWRA) filed a petition with the FWS and OSM, seeking to overturn the 1996 biological opinion. All groups are represented by the Southern Environmental Law Center (SELC). The Tennessee Department of Environment and Conservation (TDEC) has written to FWS in support of the Petition.
Although the “opinion” applies nationwide, this petition specifically focuses on the Clinch and Powell Rivers and the Big South Fork Cumberland (BSF), all of which have been hard hit by surface coal mining and particularly mountaintop removal. The three rivers are part of the Tennessee and the Cumberland River systems, which host the greatest variety of aquatic species on the continent. Within the past 10 years, however, there have been significant declines in aquatic populations in these rivers, particularly in segments that are close to active mining. For example, in the BSF, on whose New River stem there are 15 active coalmine operations, 22 of 91 fish and mussel species are at risk of extinction, with 7 of them being federally listed. The Clinch River, with 38 active coalmines in its upper watershed, has the highest number of globally imperiled and vulnerable freshwater species in the U.S.
The petition requests FWS to revoke its 1996 opinion. Once this is done, OSM, as required by law, will need to seek an assessment for each mining proposal of the impacts to at-risk species in the affected watershed. At this time, when OSM's proposed changes to the “stream buffer zone” rule threaten to gut the protections of SMCRA (NL276 ¶2), it is especially critical to void FWS's 1996 biological opinion, which never did have a scientific or legal basis.

5. TENNESSEE RIVERS

5A. The Hiwassee River is loaded with mercury: send Olin a message
[From information provided by Suzanne Wisdom, Oceana]

Oceana, a not-for-profit organization that campaigns to protect and restore the world's oceans, has focused on a mercury advisory for the Hiwassee River. According to the EPA, Olin Chemical Company, at Charleston, Tennessee, emits 1200 lbs of mercury per year into the river. This amount makes Olin the #1 polluter of mercury in the state and #8 nationwide. Altogether, Tennessee is 15th in the country among states having high mercury emissions.
Olin's chlor-alkali plant uses outdated mercury-cell technology to produce chlorine. Mercury, a harmful byproduct of the process, can build up in commercial and recreational fish. In fact, the Tennessee Department of Environment and Conservation has issued a fish-consumption advisory for the portion of the Hiwassee River where the Olin plant is located and has listed it as an impaired waterway due to mercury contamination. Over 90% of chlorine produced in the USA is made in plants that have either never used mercury or have switched to mercury-free technology. It is time for mercury-cell chlorine production, a technology developed in 1894, to be abandoned in favor of modern, mercury-free methods.

5B. Pigeon River Update
[Contributed by Sandra Goss]

A number of groups -- Clean Water Expected in East TN (CWEET), the historical Dead Pigeon River Council, Clean Water for NC, and Warren Wilson College -- recently sponsored a River Rally in Canton, North Carolina, to bring attention to the degraded quality of the Pigeon River downstream from the Evergreen Packaging paper mill in NC. The company's wastewater permit has expired, and the renewal application is expected to be released for public comment any day, probably before our next Newsletter.

5C. East Fork Obey continues to get TCWP attention

The East Fork Obey forms one of the longest, most pristine river gorges in the Eastern United States, but in recent years it has been the subject to intense development pressures of various kinds. Last September, TCWP, with a grant from the World Wildlife Fund, organized a day-long meeting in Jamestown to heighten area residents' awareness of the threats to the watershed and to empower them with information that would enable them to interact with various agencies concerning water degradation (NL276 ¶1C).
As part of the follow-up, efforts are now under way to place four informative articles in media of the Overton and Fentress counties area, and to hold related informational public meetings. These counties include the primary watershed the East Fork Obey. Look for more details in a future Newsletter.

5D. Lists of most polluted waters and of high-quality streams
[Information from TCWN]

The Division of Water Quality Control has released the State's 303(d) list -- the most impaired and polluted waters in the state. It may be viewed at www.state.tn.us/environment/wpc/publications/#303d06. For streams at the other end of the spectrum, the list of known High Quality Streams (or portions thereof) in Tennessee can be viewed at www.state.tn.us/environment/wpc/publications/hqwlist.pdf.
The highest category, Outstanding National Resource Waters (ONRW, or Tier 1) is followed by Tier-2 streams. For the latter group, degradation may not be authorized unless there is no reasonable alternative to the activity that is being proposed, or the degradation is in the public's economic or social interest. Some high-quality streams that have not yet been evaluated may be missing from the Tier-2 list.
Questions about any of the lists, or about Tennessee's antidegradation policy, can be directed to Greg Denton, 615-532-0699, or gregory.denton@state.tn.us

5E. Tennessee Center of Excellence for Watershed Management
[Extracted from article on the EPA website]

On 2/25, the University of Tennessee's Institute for a Secure and Sustainable Environment (ISSE) jointly with the Cumberland River Compact (CRC) were recognized as the Center of Excellence for Watershed Management in Tennessee. This is only the second Center of Excellence to be designated in the Southeast, and the first one that involves a partnership between a university and a non-governmental organization.
Through the Center of Excellence Program, EPA affirms its commitment to determine what actions are needed to protect or restore impacted waterways throughout Tennessee. The Center of Excellence Program is a tool that will allow ISSE and CRC to partner with organizations that have a stake in watershed management and to pool resources more effectively to improve Tennessee waters. The Center will also be able to connect graduate students and additional resources directly to watersheds where on-the-ground work is being done.

6. OTHER TENNESSEE NEWS

6A. Yet another major threat to the regulation of our water quality, SB.4119/HB.4185

The Limited Resource Waters Bill SB.4119 (Southerland)/HB.4185 (McCord) is a very bad clone of last year's disastrous “ditch” bill (NL277 ¶3A). "Limited resource waters" are defined as ephemeral bodies of water that flow primarily in response to rainfall, for which groundwater is not a significant source, and that do not support a significant indigenous population of native fish or aquatic life under the Water Quality Control Act. This bill would not only lift protection from about half of the streams in Tennessee, it would lead to the destruction of adjacent land and scenic areas. A significant portion of ephemeral streams rest in mountainous areas with seasonal flows unable to support aquatic life due to the terrain, but these areas have great worth as recreational, natural, and scenic areas to both residents and tourists.
By exempting “ephemeral bodies” of water from protective requirements, any developer, landowner, or industry can cover up, pipe, pollute, and destroy approximately 30,000 miles of headwater streams with no regard to downstream effects.

6B. EIS contract for Corridor K to be let by end of April
[Contributed by Sandra Goss]

According to a March 4 article in the Cleveland Banner, TDoT plans to sign a contract for a new EIS for Corridor-K road construction (NL277 ¶3E) by the end of April. Corridor K traverses the Cherokee National Forest. The article reports that the new study can be completed within 36 months, concurrently with the engineering and design work for the road. TCWP is asking those interested to contact Sandra at 865-522-3809 or Sandra@sandrakgoss.com if they are willing to participate in an ad-hoc analysis group that will address the notion of simultaneous EIS and engineering/design work.

6C. Conservation items in Gov. Bredesen's FY 2008/09 budget

Fully half of the “Resource and Regulation” portion of the state's budget ($406.4 M total) is apportioned to Environment & Conservation ($202.6 M). The FY 09 “Improvements” include the following:
·Heritage Conservation Trust Fund, $ 10 M
·Lands Acquisition Fund, $ 4.9 M
·Wetlands Acquisition Fund, $ 4.9 M
·Water Resource Management, $ 2 M
For a year when money is very tight, these sums are not bad!

6D. Cherokee Forest Voices' activities
[Information from Sandra Goss]

The Cherokee is Tennessee's only national forest. TCWP Executive Director Sandra Goss and President Jimmy Groton recently attended the annual meeting of Cherokee Forest Voices (CFV), of which TCWP is a member and supporter. They wrote an extensive report which may be requested from Sandra (Sandra@sandrakgoss.com). Among the numerous forest-management issues in which CFV is actively involved are: designation of Old Growth, forest health, trail work, ORV problems, non-native invasive species, and restoration projects involving monoculture from past management, fire-adapted ecosystems, riparian habitat, rare communities, water quality, etc.
CFV is a membership organization and welcomes volunteers and members to help with monitoring the forest. For more information contact Executive Director Catherine Murray at 423-929-8163 or mtncat7@earthlink.net.

7. TVA: WATTS BAR PLAN and other matters

7A. Final Watts Bar Plan may incorporate some TCWP suggestions
[Contributed by Sandra Goss]

In December, TCWP commented in considerable detail on the Draft Watts Bar Reservoir Land Management Plan. Our analysis of parcel allocations under the two action Alternatives showed that almost two-thirds of the difference (in terms of acreage) resided at and around the site of the former Clinch River Breeder Reactor in the Oak Ridge Reservation (NL275 ¶4A). For that site, TCWP, along with Advocates for the Oak Ridge Reservation (AFORR), proposed an amalgamated approach, i.e., an array of zone allocations that differed from either of the Alternatives. The details, with a map, were outlined in an insert to NL275 and thus made available to TCWP members and others to use for their comments on the Draft EIS.
In addition to submitting this proposal as part of our organizational comments, we sent separate letters to TVA's VP of Economic Development, John Bradley, and to TVA Board member Susan Williams. This was a new, more intense approach to voicing our concerns. Susan Williams and staff toured the site (NL276 ¶6), having viewed the map that detailed our recommendations.
Recently, TCWP President and Vice-President Jimmy Groton and Frank Hensley, along with Executive Director Sandra K. Goss, met with TVA Project Manager Erin Prichard to discuss the Watts Bar Land Management Plan, specifically the Breeder Reactor Site. It appears that in TVA's Preferred Alternative, the major portion of the site (approx. 758 acres of a total 1,195) will now be allocated to zone 2, namely, TVA Project Operations. In the coming year, TVA is planning to conduct a study to determine whether the site would be useful for a power generating facility.
Further, as we requested, TVA is proposing to add 110 acres of riparian land along the river to Zone 3 (Sensitive Resource Management). With this 110 acres and the previously approved 62 acres of riparian land, the entire 4.3 miles of shoreline will be preserved. In addition the Grassy Cove Habitat (265 acres) is allocated Zone 3, making a total of 437 acres allocated to Sensitive Resource Management. The US Fish and Wildlife Service has asked TVA to do formal consultation for the endangered mussels that are located along the banks of the Breeder Site. TVA staff is in the process of preparing a biological assessment that USFWS will review and comment on. The entire process could take up to 4 months.
All final decisions on the Watts Bar Plan's zone allocations will be made by the TVA Board. After the EIS is released, probably this summer, there will be a 30-day public-comment period before the Board makes a decision at its subsequent meeting.

7B. TVA encouraging energy conservation by customers

It's been a rough year for electric-power demands (and therefore for greenhouse gases released into the atmosphere). In August, TVA met 13 all-time summer records for electric-power demand, and in January two all-time winter records. In late January, the agency made available a free energy efficiency kit for those of its power customers who take a home energy audit on the web site www.energyright.com. (Or, you may request a copy of the audit from your local power distributor.)
Those who complete the audit will receive a personalized energy-profile report that lists specific actions they can take to reduce energy consumption. They'll also receive a kit including a How to Save brochure, two compact fluorescent light bulbs, a filter whistle that warns when the heating/cooling system filter is clogged, and several other small devices.

7C. TVA's renewable-energy program deemed insufficient

For several years now, TVA has conducted its Green Power Switch program through which customers can voluntarily add to their monthly bills a payment for electricity generated by renewable resources. There are now 13,000 participants in the Program, but less that 1% of TVA's electric capacity comes from renewable sources. These include wind power from the 18-turbine facility on Buffalo Mountain, some small solar-power sites scattered through the 7-state service area, and methane from a Memphis wastewater treatment plant
During a TVA-sponsored hearing of experts in early March, some thought that the utility should be able to meet 20% of its power demand from renewable sources by 2020, while others felt that only half that proportion was realistic. All agreed that an aggressive energy-conservation and -efficiency program needed to be combined with the use of renewable energy sources.

7D. North Carolina has sued TVA over emissions from coal-fired plants

Emissions from the Bull Run and Kingston coal-fired power plants (in Anderson and Roane County, respectively) are carried across the Smoky Mountains and into Western North Carolina. In 2006, the state sued TVA, alleging that this air pollution adversely affects the health and well-being of resident of that region, which, among other things, as the state's highest incidence of asthma. The plaintiff is asking the court to order TVA to reduce emissions to levels comparable with those generated by NC's 14 coal-fired power plants.
TVA's motion to dismiss the case was rejected in February, and the trial will begin in July in Asheville. TVA is also facing an air-pollution suit against its coal-fired Colbert power plant in northwestern Alabama (NL275 ¶4B).

8. NATIONAL NEWS

8A. The badly needed Clean Water Restoration Act is supported by Gov. Bredesen
[Partially based on a New York Times editorial of March 7]

In a 2006 decision (Rapanos vs. U.S.), the Supreme Court seriously narrowed the scope of the 1972 Clean Water Act. Splitting the difference in a 4:4 tie concerning what types of waters were protected by the Act, Justice Kennedy held that remote wetlands and isolated streams deserved protection only if regulators could show a “significant nexus” — a physical or biological connection — to a navigable body of water somewhere downstream. Justice Kennedy's test has now effectively become the law of the land, with unfortunate results (NL273 ¶7B). Predictably, industries have used the Kennedy opinion as a legal shield, claiming that they are only polluting isolated waters. Meanwhile, regulators are wasting time and money on efforts to determine whether a water body is “significantly” connected to a navigable one downstream. The dangerous Limited Resource Waters bill currently before the Tennessee legislature (¶6A, this NL) exhibits much kinship with that Supreme Court decision.
HR.2421/S.1870, the Clean Water Restoration Act, is currently before the Congress. Tennessee's Governor Bredesen wrote a strong letter in support of the bill to our Senators, saying: “By cutting back on the scope of the waters protected under federal law, the Court has jeopardized the clear intent of the Clean Water Act -- to ensure that every community in the nation has access to clean, safe water.” He also notes the uncertainty and confusion caused by the Court's decision and points out that the bill would address these problems “with a simple, straightforward fix. … [It] neither adds new jurisdictional waters nor alters the permitting process, but rather restores Clean Water Act protections to those that existed for decades before the recent Supreme Court decisions.”

8B. Biofuels: a scientific look at the harm from land-use changes
[Information from the NY Times of 2/8 and 1/15/08]

Most people and politicians (especially those from corn-producing states) have been comfortable in the thought that biofuels could give us energy independence as well as reducing greenhouse gas (GHG) emissions. Others (including the TCWP Newsletter – NL276/8G, NL275/6C, NL274/8C, NL273/8F, 272/7B) have been quite cautious on the subject. Now, for the first time, two scientific studies take a detailed, comprehensive look at the GHG emissions resulting from the conversion of huge amounts of natural land to cropland to support biofuels development. The two studies, by T. Searchinger et al. and by J. Fargione et al., were published in Science in mid-February.
The productions of almost all biofuels has resulted – directly or indirectly -- in new lands being cleared, either for fuel or food. When natural ecosystems are converted to croplands, GHG emissions are increased by two circumstances: (a) the areas are burned and plowed with gas- or diesel-powered machinery (putting CO2 into the atmosphere), and (b) the surface is deprived of the forests or grasslands that normally provide natural “sponges” for the absorption of carbon emissions. Growing the fuel crops also requires fertilizers manufactureswith GHG-producing fuels, and it consumes huge amounts of water. Previous analyses have generally left out the factors of land-use change. Biofuels have been dressed up as the silver bullet, and biofuels production has been heavily subsidized, both in Europe and in North America. On February 8, ten of the USA's most eminent ecologists and environmental biologists sent a letter to Pres. Bush and Speaker Nancy Pelosi urging a reform in biofuels policies.
Biofuels can still play a beneficial role if better sustainability criteria are used, and the U.N. Energy Program has created a panel to analyze the problem. Thus, sugar cane grown in Brazil takes little energy to grow and to convert into fuel. Attention should also be devoted to developing biofuels that do not require cropping, such as those from agricultural waste products.
The European Union is considering a ban on the importation of fuels derived from crops grown on certain kids of land, including forests, wetlands, or grasslands. Palm-oil development has already led to the destruction of many millions of acres that had provided habitat for orangutans and other endangered wildlife.

8C. Environmental Scorecard

Once again the non-partisan League of Conservation Voters has published its annual ratings of Congress on environmental issues. The Scorecard represents the consensus of experts from about 20 respected organizations who select the votes on which Members of Congress are graded. These votes pertain to the most important issues of the year, and they are of a type that presents legislators with a real choice. The scores for members of the Senate and House were calculated on the basis of 15 and 20 votes, respectively.
In 2007, Congress finally began moving toward a clean energy future, and there was real progress on some other environmental issues as well. This was largely due to the new leadership in both Houses, and to many new members who were elected in 2006. For 5 and 6 key committees, respectively, in Senate and House, it is interesting to compare the ratings of the 2007 chairpersons with those of the ranking members, who had chaired the respective committees the year before. Average ratings are as follows:

	Chairperson	Ranking member
Senate	83	11
House	78	5

Similarly, for the leadership of the two bodies:

	Majority (Dems.)	Minority (Repubs).
Senate	91	7
House	87	2

It is also interesting to look at the scores of the three Senators who are currently in contention for the presidency. In doing so, it must be noted that, in the computation of averages, LCV counts absence for a vote the same as an anti-environmental vote. Of necessity, campaigning often entails absences, especially in 2007.

	2007	2006	Lifetime
Clinton	73	89	87
Obama	67	96	86
McCain	0	41	24

In 2007, McCain was absent for every one of the 15 key votes, while Clinton and Obama were absent for only 4 each.
Finally, here are the scores for the Tennessee delegation.

Name	Distr.	2007	2006	Lifetime
SENATE
Alexander	--	33	19	16
Corker	--	27	--	27
HOUSE
Davis, D	1-R	10	--	10
Duncan	2-R	10	3	14
Wamp	3-R	10	7	10
Davis, L	4-D	75	37	54
Cooper	5-D	80	80	74
Gordon	6-D	80	67	64
Blackburn	7-R	5	3	2
Tanner	8-D	70	47	41
Cohen	9-D	95	--	95

8D. Energy corridors threaten public lands
[Information from Wilderness Soc. Newsletter]

The Bush Administration is proposing ~6,000 miles of corridors, ranging up to 5 miles in width, for pipelines and power lines running through nearly three million acres of public lands. These would connect existing and proposed coal-fired power plants. The activity is seen as a frantic end-of-Administration attempt to lock in a “smokestack program” before transitions to renewable energy can take place. One 3,500ft–wide corridor would cut a 20-mile swath through the southern portion of Utah's magnificent Grand Staircase-Escalante National Monument.
Public hearings have been completed on the draft plan, and the final plan is expected by the end of the year.

9. OAK RIDGE AND NEARBY

9A. North Ridge Trail Ready for Visitors
[Contributed by Sandra Edwards]

IThe 7.5-mile North Ridge Trail, developed by TCWP about four decades ago and now part of the Oak Ridge Greenways system, is ready for new users. Signs at each of the entrances have been erected, and information about the trail, its length and difficulty, can be accessed at http://www.orrecparks.org/.
The trail, which was designated a National and a State Recreation Trail in 1973, has many accesses, and one can hike a little distance or the entire way. Pets are welcome (on the leash).  TCWP's Trail Steward Susan Donnelly commented, “We're lucky to have the North Ridge Trail, where you can leave the city behind and enjoy a woodland experience in a matter of minutes.” The trail is located within the city's extensive northern greenbelt. Donnelly, an ultra runner, has stewarded the trail for the past several years. “I ask hikers to let me know about downed trees and other problems through the trail-condition report on the TCWP website, http://www.tcwp.org/northridgetrail.shtml.
There are 13 access points to the 7.5 mile trail, which has many additional miles of side trails. The main entrances are Endicott Ln; Outer Dr at Georgia Ave and Delaware Ave; Orchard Ln; Walker Ln; Wedgewood Rd; Illinois Ave at W. Outer Dr; W. Outer Dr (west of #852). TCWP, which developed the trail has maintained it for the past 4 decades. The City of Oak Ridge Recreation and Parks Department also helps with major maintenance chores such as clearing downed trees.
A hike and workday are planned for National Trails Day, Saturday, June 7. Everyone is welcome to attend. Details will be announced later.

9B. Public review of Knoxville/Knox County Plan is under way

The final draft of the Knoxville-Knox County Comprehensive Park, Recreation and Greenways Plan is now available for public review and comment. You may download a PDF of the draft plan at http://archive.knoxmpc.org/plans/parks/kkccprgp_draft_jan08.pdf

10. TCWP NEWS

10A. Upcoming activities
[For additional information on any of the listed events, contact TCWP Executive Director Sandra K. Goss at 865-522-3809, or at Sandra@sandrakgoss.com]

Conserving the native fishes of the southern Appalachians – Thursday, April 3
[Contributed by Carol Grametbauer]
The rare and beautiful native fishes of the southern Appalachians, the threats they face, and the work that is being done to conserve them will be the subject of TCWP's next quarterly membership meeting. A presentation by John Tullock, outreach director for Conservation Fisheries (CFI) in Knoxville, will feature still images and video of fish from streams and rivers throughout our region, and will explain the work of this Knoxville-based, nonprofit organization dedicated to the preservation of aquatic biodiversity.
CFI propagates the region's rarest fishes, with the goal of restoring populations that have been eliminated because of pollution or habitat destruction. The organization also monitors the status of populations of rare fishes throughout the Southeast, using non-invasive monitoring techniques. CFI received the National Fisheries and Habitat Conservation Award from the U.S. Fish and Wildlife Service in 2007 and Tennessee Clean Water Network's River Champions Award in 2006.
John Tullock has served on CFI's board of directors since the group was incorporated in 1993, and has been an advocate for aquatic conservation since college.  He holds a master's degree in zoology from the University of Tennessee. Tullock has written 13 books on aquarium keeping, including Natural Reef Aquariums, which is in its 5th printing.
The April 3 talk will start at 7 p.m. in the Craft Room of the Oak Ridge Civic Center.
Removal of invasive exotics from Oak Ridge Greenway – Saturday, April 12
The Greenway behind the Oak Ridge Garden Apartments (now named Rolling Hill Apartments) is one of the best wildflower trails in the county. You can take advantage of the flower-viewing opportunity while helping us banish garlic mustard, a very invasive exotic that threatens to overtake this beautiful woodland, pushing out native plants.
Volunteers should meet at 9:00 a.m. in the parking lot behind the apartment building at the top of West Vanderbilt Avenue. Wear sturdy shoes and weather-appropriate clothes. Bring a digging spike or similar tool if you own one.
Bird-watching hike at Frozen Head – Saturday, May 31
Chuck Estes will lead a ~4-mile hike with plenty of bird-watching opportunities. Meet at 8 a.m. (EDT) at the gate for the jeep trail at the end of the campground. We will hike the jeep trail for about 2 miles to the first gap (gaining about 1,000 feet), looking for warblers and especially the Cerulean Warbler. Frozen Head is prime nesting territory for the Cerulean Warbler, which loves the canopy of the high elevation mountains of the Cumberland Plateau. This hike will provide an excellent opportunity to see this bird. We will return down the jeep trail. Bring plenty of water and a lunch snack. Wear sturdy shoes. Total trip time will be about 5-6 hours.

10B. Use your new Political Guide

In a special mailing a few weeks ago, we sent you the 2008 Political Guide. While it superficially resembles the 2007 Guide, it contains many important updates for which we are most grateful to Carol Grametbauer.
Please store the 2008 Guide in a safe and accessible spot and use it often. There are numerous suggested actions in this current Newsletter for which you'll need the Guide.

10C. Ambassadors for TCWP needed for three Earth Day events
[Contributed by Sandra Goss]

Help will be needed for the following three events, held on successive Saturdays in April:
• Earth Day at Bissell Park, Oak Ridge, 4/12
• Discover Fest, Wartburg, 4/19
• EarthFest, Pellissippi State Main Campus, 4/26
TCWP will be participating in all three of these Earth Day events, and we have an urgent need for ambassadors to staff our booth for two-hour shifts. Ambassadors will be provided a brief, effective orientation about the display and handouts. This is a perfect job for those who enjoy meeting people, feel passionate about planet protection, and are able to get to the event. For more information call Sandra at 865-522-3809 or e-mail Sandra@sandrakgoss.com.
Starts of available shifts (2 hours each).
April 12: 3:00 pm (includes breakdown)
April 19: 9:00 (includes set-up), 11:00, 1:00, 3:00
April 26: 11:00, 1:00, 3:00, 5:00 (includes breakdown at 7 p.m.)

10C. Ambassadors for TCWP needed for three Earth Day events
[Contributed by Sandra Goss]

Help will be needed for the following three events, held on successive Saturdays in April:
• Earth Day at Bissell Park, Oak Ridge, 4/12
• Discover Fest, Wartburg, 4/19
• EarthFest, Pellissippi State Main Campus, 4/26
TCWP will be participating in all three of these Earth Day events, and we have an urgent need for ambassadors to staff our booth for two-hour shifts. Ambassadors will be provided a brief, effective orientation about the display and handouts. This is a perfect job for those who enjoy meeting people, feel passionate about planet protection, and are able to get to the event. For more information call Sandra at 865-522-3809 or e-mail Sandra@sandrakgoss.com.
Starts of available shifts (2 hours each).
April 12: 3:00 pm (includes breakdown)
April 19: 9:00 (includes set-up), 11:00, 1:00, 3:00
April 26: 11:00, 1:00, 3:00, 5:00 (includes breakdown at 7 p.m.)

10D. Other volunteer opportunities

We do need volunteers badly for numerous specific tasks, some quite small. Please refer to NL277 ¶8A. If you've lost it, contact Sandra Goss at 865-522-3809, or at Sandra@sandrakgoss.com].

10E. Report on selected past activities

Trail maintenance work day in the Whites Creek SWA, January 26
[Contributed by Jimmy Groton]
On Saturday, January 26, TCWP joined TVA's Natural Heritage Resources staff and Watts Bar-Clinch Watershed Team for a trail maintenance work day at TVA's Whites Creek Small Wild Area (SWA) in Rhea County. TCWP organized approximately 23 volunteers, including 16 members of Cub Scout Troop 153 from Westel who just happened to be in the parking lot for a short day hike. The scouts and troop leaders were good sports and helped ferry equipment and supplies up the trail to help build a small footbridge. During the outing, participants mapped the trail with a GPS unit, cleared downed trees, and built a footbridge to ease crossing of a gully.  TCWP has partnered with TVA since 1984 to enhance and protect natural resources at Whites Creek SWA and other places throughout east Tennessee as part of TCWP's ongoing stewardship efforts.
We plan to hold another informal work day later in the winter or early spring when the weather is warm enough to paint but hopefully before the leaves are on the trees. Chores remaining are blazing the trail to mark the path clearly for hikers and marking the western boundary of the TCWP land.
Cedar Barren workday, March 8
Despite the fact that this event was “canceled” by e-mail, due to predictions of major snowfalls (which did not materialize) and strong, icy winds (which did), about 15 people showed up and worked bravely in the cold weather. Thank you!

10F. TCWP members in the news

• TCWP Board member Patrick Mulholland is the lead author of a SCIENCE article on the critical role that small streams (down to 1 meter across) play in removing harmful nitrogen pollution from watersheds. These streams need to remain open and buffered from development (Source: SCIENCE, 3/11/08; AP story of 3/13). Let that be a lesson for those in federal and state governments whose actions have potentially huge impacts on small streams (see, e.g., NL277 ¶3A; ¶8A, this NL).
• Former executive director and faithful TCWP Service Committee member Linda La Forest has opened the Norris Animal Hospital (494-5501) on Andersonville Highway. She also owns a veterinary housecall practice servicing Oak Ridge and surroundings. (Source: The Oak Ridger, 3/4/08)

11. JOB OPENINGS; CALENDAR; RESOURCES

•• JOB OPENING
NPS Internship.
The National Park Service's Southeast Exotic Plant Management Team is looking for dedicated interns. The Team seeks to reduce the threat of invasive, non-native vegetation to sensitive resources. Interns receive a weekly stipend, per diem pay for travel expenses, and a possible AmeriCorps Education Award. Some housing assistance may be available. Health insurance is provided. For more information, contact Nancy Fraley at 828-296-0850, ext. 100, or Toby Obenauer at 828-674-8524.

•• CALENDAR
(For details, check the referenced NL item; or contact Sandra Goss, 865-522-3809, Sandra@sandrakgoss.com
• March 27-29, Southeast Land Trust Conference, Montreat, NC. Visit www.lta.org/training, or e-mail training@lta.org.
• March 29, Norris River Bluff Small Wild Area, annual spring wildflower walk. Guided walks start at 10 a.m. and at 1 p.m. The moderately difficult trail is a 3.4 mile loop. For further info, call Michael Scott at 865-426-7461.
• March 31, LWV's Breakfast with the Legislators, 7:30 a.m., Oak Ridge Civic Center Social Room.
• April 3, Oak Ridge, TCWP program on Conservation Fisheries (see ¶10A, this NL).
• April 3-4, Green Business Summit, Nashville, Lipscomb University. The summit will provide entrepreneurs, business people and trade professionals opportunities to learn about the rapidly growing field of green business. Keynote addresses, workshops, and mini-seminars. For more information, visit: http://sustainability.lipscomb.edu/page.asp?SID=193&Page=5658.
• April 5, Norris River Bluff Small Wild Area, annual spring wildflower walk. Same as March 29.
• April 10-12, Energy and Responsibility Conference, Knoxville, Hilton Hotel. This conference invites ethicists, legal theorists, energy policy makers, energy enterprises, and environmental activists to engage in a conversation about ethics and responsibility in the contested terrain of energy and the environment. Conference schedule, keynote speakers, and on-line registration are available at http://isse.utk.edu/energy_and_responsibility/
• April 12, Oak Ridge, TCWP's Garlic Mustard Pull,Wildflower Greenway (see ¶10A, this NL).
• April 12, Obed Wildflower Hike, 10:00-11:30 a.m. (EDT), led by renowned local naturalist Kris Light. Meet in the Lilly Bluff Overlook parking lot.
• April 12, Oak Ridge Earth Day celebration at Bissell Park, noon-5:00 p.m. (see ¶10C, this NL).
• April 19, Invitation-only Obed Raft or Hike Outing for Policy Makers and Influencers (see ¶1B, this NL).
• April 19, Discover Fest, Wartburg, 10:00 till dusk (see ¶10C, this NL).
• April 19, Oak Ridge Reservation old growth forest outing, 1:30 p.m. Contact Larry Pounds at POUNDSL471@aol.com, or 865-816-3576.
• April 26—EarthFest, Pellissippi State, 11:00-7:00 (see ¶10C, this NL).
• April 28, LWV's Breakfast with the Legislators, 7:30 a.m., Oak Ridge Civic Center Social Room.
• May 3, Obed Cleanup Day (see ¶1C, this NL).
• May 31, Frozen Head, TCWP's bird-watching hike (see ¶10A, this NL).
• June 7, TCWP's North Ridge Trail Outing (details later, see ¶9A, this NL).

•• RESOURCES
• TVA has made available several aids to energy conservation. See ¶7B, this NL.
• Co-op America's 2008 National Green Pages provides a guide to shopping for ecofriendly, socially responsible products – foods, cosmetics, household items, building materials, etc. All listings include a Web address for easy online shopping. (Co-op America paperback, 264 pp., $9.95).v • CRC Press offers a variety of books on environmental planning and management, on environmental policy and law, and on sustainable development. Visit www.crcpress.com.