tcwplogo Newsletter No. 289

January 17, 2010

 

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1. OBED AND BIG SOUTH FORK WATERSHEDS

1A.Public hearing regarding landfill proposed near the Big South Fork
[Contributed by Cindy Kendrick]

A Class-I landfill has been proposed for an Oneida site less than five stream miles upstream from the Big South Fork National River and Recreation Area (BSFNRRA). The Big South Fork is listed as Outstanding Natural Resource Waters by both Tennessee and Kentucky, and both states have antidegradation requirements. The proposed landfill would serve several counties in Tennessee and Kentucky and, according to the ARAP permit, could be used for TVA fly-ash disposal. The Tennessee Department of Environment and Conservation (TDEC) will hold a public hearing on Tuesday, February 9, at 6 p.m. EST, at the Courtroom in Oneida City Hall, concerning the state water quality permit to construct this landfill.
The currently proposed landfill would comprise the initial waste-fill area (24 acres) of a 308-acre parcel owned by Roberta Landfill Phase II, Inc. near Bear Creek. The initial facility would fill 0.82 acres of wetland, about 1,417 linear feet of perennial stream, and 506 linear feet of wet-weather conveyances. Wetland and stream mitigation would entail purchase of credits not directly benefiting the Big South Fork watershed. The public notice (for NRS 09.273; Johnny C. King, applicant) is posted at http://www.state.tn.us/environment/wpc/ppo/arap/nrs09_273.pdf.
TCWP submitted concerns about this permit, as well as the corresponding solid waste permit. The National Park Service, U.S. Fish and Wildlife Service, Tennessee Wildlife Resource Agency, and McCreary County (KY) Water District (which intakes water downstream of the proposed landfill discharge) also expressed serious concerns about the potential impacts. Our various concerns include inadequate economic and/or social justification for degrading water quality, impacts to federally and state-listed species, details of handling runoff and landfill leachate, pending federal guidance on coal ash disposal, already-elevated concentrations of heavy metals in a site monitoring well, and lack of consideration of cumulative impacts from planned future expansion of the site. NPS has requested suspension of permitting while they conduct a formal analysis.

 
WHAT YOU CAN DO: Submit comments (oral and/or written) at the hearing, or in writing within 10 days after the hearing, noting concerns about the potential impacts of the proposed landfill on the BSFNRRA. Written comments should be sent to TDEC Division of Water Pollution Control, Attn: Mike Lee, 7th Floor L&C Annex, 401 Church St, Nashville, TN 37243-1543, or e-mailed to Mike.Lee@tn.gov.

 
1B. BSF makes progress toward remediation of abandoned oil & gas wells
[Contributed by Cindy Kendrick]

In the previous newsletter (NL288 ¶1B), we explained environmental and public-safety vulnerabilities from the many abandoned and deteriorating oil- & gas-well facilities within the boundaries of the Big South Fork National River and Recreation Area (BSFNRRA). We also related the good news that the BSFNRRA has secured stimulus funding that will enable plugging of some additional abandoned oil and gas wells and reclamation of their disturbed sites.
Tom Blount, Chief Resource Manager, reported recently that final editing of the Draft Environmental Assessment (EA) was underway. He expected release of the document before the end of January. The public comment period will be only 20 days, so anyone who wishes to review and provide feedback should remain alert. We expect the draft to be posted at
http://parkplanning.nps.gov/parkHome.cfm?parkId=354. (Two historic projects are already posted there.) TCWP provided scoping comments and strongly supports this project.
Tom also reported that they are working with TDEC to finalize contracting plans for plugging eleven other abandoned oil & gas wells that were covered under a previous EA. We applaud these important steps to protect the Park's resources.

1C. NPS seeks input for updating nonfederal oil- & gas-development regulations
[Contributed by Cindy Kendrick]

[Note: Although the following initiative has nationwide application, it has special significance for the Big South Fork NRRA and Obed WSR and is therefore covered in this Section of the NL, rather than in ¶8.] The National Park Service is seeking public input to the evolution of its regulations for nonfederal oil & gas development within the boundaries of National Park System units. TCWP has particular interest in this initiative, since the Obed Wild and Scenic River and the BSFNRRA are two of only 13 NPS units within which such operations exist. While oil & gas operations must also comply with state regulations, state provisions are often primarily focused on conservation of the oil & gas resource. NPS regulations focus on protecting the parks' natural and cultural resources.
The current NPS regulations (36CFR9, called “9Bs”) are over 30 years old and have significant gaps that leave park resources vulnerable. One such gap is exemption of operations that can be accessed without crossing park-owned land, or that were covered by a valid state permit at the time the regulations became effective. These exemptions apply to over 50% of the wells in parks today.
The update process will also consider whether to modify provisions for directional drilling access to oil & gas rights within parks where surface activities occur outside park boundaries. Current regulations provide incentives to locate surface operations outside the park and thus substantially reduce potential direct impacts. However, potential indirect impacts are not addressed.
NPS also seeks to update and/or improve its operating standards, financial assurance mechanism, access fees, and enforcement mechanisms.

 
WHAT YOU CAN DO: Let NPS know that you support their efforts to better protect park resources from oil & gas operations through revised regulations. Comments are due by January 25. The Federal Register notice and instructions for commenting are available at http://edocket.access.gpo.gov/2009/E9-28248.htm.

 
1D. TCWP meets with Obed Manager Ambrose
[Contributed by Cindy Kendrick]

On December 30, several TCWP representatives were privileged to meet with Janet Ambrose, the new Unit Manager of the Obed Wild and Scenic River. Our primary objective was to express continued strong support for NPS acquisition and protection of Obed lands, including availability of some TCWP funds for “emergency” interim acquisitions, and to hear Ms. Ambrose's perspectives at this point.
Ms. Ambrose shared some good news: $84K is available now for Obed land acquisition. These funds represent partial compensation for damage to the Park from the oil-well fire in 2002 (NL247 ¶1). TCWP looks forward to seeing some acquisition action with willing sellers in the Park in the near future.

1E. ERWA engages in restoration projects in Emory River Watershed
[Information from Sandra Goss]

The Emory River Watershed Association (ERWA) is engaged in “restoring, maintaining, and safeguarding the water quality of the Emory River watershed and its resources.” Two projects recently completed are on Flat Fork Creek and Hornyhead Branch. A restoration plan for Crooked Fork Creek is now in the works, based upon a large planning grant. Among ERWA'S past efforts are projects on Crab Orchard Creek, Kids In The Creek programs, Discovery Fests, tree plantings, mine-land restoration, and private-land pasture restorations.
Some of these past efforts will be celebrated at an ERWA meeting on February 2. There will also be a featured speaker, elections (officer & board), discussions of the open executive-director position, refreshments, favors, and door prizes. For details see the Calendar (¶11, below).

 

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2. TENNESSEE LEGISLATURE

2A. The legislative session has started. Get involved!

Currently, the legislature is still in Special Session (that started 1/12/10). The beginning of the General Session and committee work is, however imminent. This is the second half of the 106th General Assembly of the State of Tennessee. Some of the bills that got launched in the first half (2009) are still alive; others are being added. TCWP will keep informed on pertinent important legislative initiatives and will strive to transmit this information to individual members in a timely fashion so they can communicate with key legislators.
To this end, you can do several things to help.

  • Look for pertinent information in TCWP Newsletters.
  • Between NLs, watch our website (www.tcwp.org) for special alerts.
  • Sign up for TCWP's e-mail alerts (contact our executive director at Sandra@sandrakgoss.com, or call 865-522-3809).
  • Visit the website of Tennessee Conservation Voters (TCV), of which TCWP is a member organization. This site, www.tnconservationvoters.org, carries weekly bill summaries and key recommended actions.
  • Attend the monthly Breakfasts for Legislators, sponsored by the League of Women Voters (see Calendar in ¶11, this NL).
  • Join us for Conservation Day on the Hill, February 23 (see ¶2B, below).

    2B. Join “Conservation Day on the Hill”!
    [Contributed by Sandra Goss]

    On Tuesday, February 23, TCWP will join other groups to visit our state legislators to acquaint them with our support for the natural environment. Sandra Goss writes: “I dream of a busload of 40 folks riding down there, starting early in the morning, arriving in Nashville, participating in the day's activities, leaving Nashville mid afternoon, stopping for supper, and getting home around 8:30 p.m. A deluxe motor coach with bathroom, wi-fi, and laptop plugs will carry us down there for $20/person, if we get 40 folks. We could stop and pick up Roane Countians, Crossvillians and Cookevillians.
    “If your time does not permit, and you still want to help wave the environmental flag to the State Legislators, we are accepting contributions to allow us to offer “scholarships” to students and others who otherwise can't afford to go. Payment, or your solemn oath over the phone to pay, must be received by February 11.”

     
    WHAT YOU CAN DO:For more information, or to make your reservation, call Sandra at 865-522-3809, or e-mail Sandra@sandrakgoss.com

     
    2C. Efforts to resurrect state land-acquisition funds

    “Forever Green Tennessee” is the name of the campaign to resurrect state funds dedicated to the acquisition of lands and waters for their protection. These funds, amounting to ~$20 million per year, came from a small addition to the Real Estate Transfer Tax (NL287 ¶2C; NL288 ¶2A); but in 2009, as well as in 2008 and 2003, the General Assembly used them for the purpose of balancing Tennessee's ailing general budget.
    Restoration of the funds dedicated to land acquisition is at the top of 5 priorities that the TCV (Tennessee Conservation Voters) Legislative Policy Council has identified for this session. Within the conservation community, the campaign is being coordinated by Kathleen Williams, president and executive director of the Tennessee Parks and Greenways Foundation, who will speak about “Forever Green Tennessee” at the AFORR Annual Meeting (¶9D, this NL).
    Ms. Williams points out that tourism is the second largest industry in Tennessee, employing 181,000 people and contributing $13.4 billion to our economy and $1 billion to our local sales tax revenues. The state land acquisition funds are needed to save incredible scenic attractions that are at risk, such as Rocky Fork, bluffs at Scott's Gulf, Cummins Falls, the big trees at Virgin Falls, the big trees at Warner Parks, Mississippi River Bluffs, the Fiery Gizzard Trail, segments of the Cumberland Trail, Short Mountain, and more.
    The lost land-acquisition funds represent only .07% of Tennessee's $29 billion budget but could accomplish miracles of preservation. Tennessee is the seventh worst state in America in the rate at which forests and farms are destroyed by roads and other developments. We lose 80,000 acres per year. Shamefully, we are 50th nationwide in environmental spending.

     

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    3. OTHER STATE ISSUES

    3A. OSM and EPA strengthen regulation of mountaintop removal coal mining

    One of the Bush Administrations parting shots into the heart of environmental regulations was the December-2008 lethal modification of the Stream Buffer Zone (SBZ) rule (NL283 ¶2A). This modification made it possible for rocks and rubble blasted from mountaintops to end up in streams and creeks.
    In November, OSM (the federal Office of Surface Mining in the Dept. of he Interior) published an advance notice of proposed rulemaking regarding the protection of streams from the impacts of surface coal mining operations. The notice requested comments on alternatives for revising the current regulations, including the Bush SBZ rule (www.regulations.gov, ID: OSM-2009-0009). In addition to working on revisions of rules, OSM has also proposed immediate Oversight Improvement Actions. Strengthened oversight will apply to state surface coal mining programs as well as to direct federal enforcement (as is the case in Tennessee, which does not have a state program).
    In addition to OSM, EPA is taking actions. In September, EPA announced that it would block all mountaintop-removal permits until it completes a more thorough environmental review of each project. The announcement affects 79 proposed projects scattered through Appalachia.
    An article authored by 12 scientists from 4 states in the journal Science (1/8/10) finds that the damage to forests and aquatic resources from mountaintop mining is pervasive and irreversible; reclamation does not work.

    3B. Public Input Needed to Protect the Pigeon River
    [Contributed by Sandra Goss]

    The North Carolina Division of Water Quality has released its draft wastewater discharge permit for Blue Ridge Paper Products for public review until Tuesday, January 26th, the date of a public hearing in Waynesville, NC. The permit, which has been delayed for three years beyond the expiration date of the 2001 permit, involves Narrative Standards, which address issues other than specific pollutant chemicals and turbidity. The permit and additional informative material may be viewed at http://portal.ncdenr.org/web/wq/swp/ps/npdes/calendar/-/journal_content/56_INSTANCE_x3Sw/38364/387141.
    One distinct result of the operation of Blue Ridge's mill (formerly, the Champion Paper Mill) is colored water. This continues well below the state line into Tennessee. North Carolina regulators need to continue ongoing efforts to reduce the color in the water.
    An official public meeting that will include staff of the Tennessee Division of Water Pollution Control, Tennessee state and federal legislators, Cocke County officials, and staff of the North Carolina Division of Water Quality will take place at Cocke County High School in Newport, TN, on Monday, January 25 at 5 pm. The official public hearing will be held at the Tuscola High School in Waynesville, NC, on January 26 at 6 pm.

     
    WHAT YOU CAN DO: Urge NC regulators to continue ongoing efforts to reduce the color effluent. Send your comments no later than January 26, or bring them with you to the public meeting in Newport (Jan. 25) or hearing in Waynesville (Jan.26). Be sure to reference PERMIT NUMBER NC0000272 for Blue Ridge Paper Products and send to Ms. Dina Sprinkle, NC Division of Water Quality/ NPDES Unit, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617; or e-mail dina.sprinkle@ncdenr.gov and sergei.chernikov@ncdenr.gov and paul.estill.davis@tn.gov.

     
    3C. Tennessee delegation in the Congress will lose two veterans

    Sadly, Tennessee is losing one of its environmentally-inclined Congressmen. Rep. Bart Gordon (D-TN6) announced on Dec. 14 that he would not be a candidate in the fall. First elected in 1984 to the House seat Al Gore, Jr. gave up when he ran for the Senate, Gordon won re-election easily (by 74% of the vote) in 2008, and will have served 13 terms by the time he retires. His 15 counties range east from Nashville to the Cumberland Plateau. He has been an effective chairman of the House Committee on Science and Technology and has, among other things, supported House climate-change legislation with its cap-and-trade feature.
    Also retiring is Rep John Tanner (D-TN8) who represents an area west of Nashville and north of Memphis. He will have served 11 terms. Gordon's LCV (League of Conservation Voters) score was 100% in 2009, 85% in 2008, and 65% lifetime (as of 2008). Tanner's corresponding scores were 64%, 85%% and 43%.

    3D. New “Watchable Wildlife” website
    [Information from Scott Somershoe, State Ornithologist, TWRA]

    The new website of Tennessee´s Watchable Wildlife, www.tnwatchablewildlife.org, was developed by the Tennessee Wildlife Resources Agency (TWRA) in partnership with the Tennessee Wildlife Resources Foundation. It features a wide range of information on wildlife, mostly birds at this point, and on wildlife watching in Tennessee.
    Information on Tennessee birds can be easily searched by a number of attributes, and each species has a profile. Descriptions of more than 170 places to watch Tennessee wildlife have been developed with information about habitat, wildlife to observe, detailed directions and interactive maps, and more.
    You will be able to find out how the Watchable Wildlife Endowment Fund is being used for the conservation of Tennessee´s rare and endangered wildlife. The Fund, established by the Tennessee General Assembly in 1994, is funded almost exclusively through sales of the Watchable Wildlife (“Bluebird”) license plate, the only specialty license plate dedicated solely to the conservation of nongame and endangered wildlife. The 200,000th bluebird license plate was purchased in 2009, building the Watchable Wildlife Endowment Fund's value to $5.3 million. The accumulated interest in the Fund has now totaled more than $1 million and has been used to fund research and monitoring of Tennessee's rare and endangered wildlife, to establish wildlife viewing sites across the state, to purchase land in strategic places, to support wildlife festivals, and for many other projects. The new website has a “Donate Now” option. The website will be regularly updated with timely information on wildlife activities occurring across the state, new places to watch wildlife, information on animal groups other than birds, and additional new features. The website also features a blog and has links to join Facebook or to join forum discussions at NING.com.

     

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    4. SMOKIES: FIRST INSTALLMENT IN THE N. SHORE ROAD SETTLEMENT
    [Information from Ted Snyder]

    Thanks to the efforts of Rep. Heath Shuler (D-NC), Congress in mid-December passed appropriations for the first installment of a payment to Swain County, NC. This payment is part of the monetary settlement with Swain County in lieu of construction of the North Shore Road (NSR) in the Great Smoky Mountains National Park. After a decades-long struggle by conservation groups to defeat the proposal for that destructive road, the alternative finally came in sight when the National Park Service (NPS) in October 2007 declared the Monetary Settlement to be its preferred Alternative – the alternative also supported by Swain County and the State of North Carolina (NL276 ¶5A). Two years, however, went by before the monetary settlement became more than an intention stated on paper.
    The appropriation enacted last month as part of the Defense Appropriations Bill is for a total of $12.8 million. It is composed of two parts: $6.8 million of the unexpended funds appropriated in 2000 for the 2001 Transportation Department budget, and $6 million appropriated for the 2008 Department of the Interior budget. The unexpended Transportation Funds were “for construction of, and improvements to, North Shore Road in Swain County, NC, $6,800,000, [which] is hereby permanently rescinded.”
    Of the $12.8 million, $4 M was released as soon as the bill was signed into law; and $8.8 M is to be released 120 days after the settlement agreement [“that supersedes the agreement of July 30, 1943 related to the construction of North Shore Road”] is reached. These funds represent a great step forward. As Rep. Shuler stated, “A fair and final settlement will provide Swain County with money to invest in job creation, school improvements, and other initiatives to boost the local economy.” It will also enhance the chances for wilderness designation of (according to NPS) “one of the largest land tracts in the eastern United States that is not impacted by or easily accessible from modern roads.”

     
    WHAT YOU CAN DO: Express your thanks to Rep. Shuler (contact information on p.2) for his tireless and effective support of the Monetary Settlement in lieu of the NSR. Send a copy of your letter to the editor of NC papers.

     
     

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    5. TVA ISSUES

    5A. Final Watts Bar Plan approved

    On 11/18/09, the TVA Board approved the Watts Bar Reservoir Land Management Plan. The road to this approval has been a long one indeed. Revision of the previous Plan (dated 1988) got under way 6 years ago (NL255 ¶7A), and was published as a Draft in May 2005. Subsequently, work was suspended until the TVA Board had adopted a land policy. This occurred In November 2006, after which TVA began revising the Plan/EIS to bring alternatives in line with this new policy. The revision was published as a Draft EIS (DEIS) in August 2007 (thoroughly analyzed by us in NL275 ¶4A and insert). TVA received about 250 comments and released its Final EIS (FEIS) in February 2009 (NL284 ¶4A).
    TCWP had considerable input at various stages in the process, and much of the final product is in line with our written submissions and meetings with TVA staff (NL278 ¶7A; NL284 ¶4A). Allocations for certain parcels that we had singled out in our comments on the DEIS, supporting TVA's proposed designations, remained the same in the FEIS. In addition, TVA accepted most of the detailed comments submitted by TCWP and AFORR concerning the former Breeder Reactor site (NL284 ¶4A).
    At the Breeder site, an area of about 1187 acres, TVA had originally proposed to zone 1042 acres (88%) for industrial development, leaving only about 145 acres and about ¾ miles of shoreline under some sort of protection. After tireless input from TCWP and AFORR, and subsequent site visits by a TVA team, allocations were changed for the Final EIS as follows: 749 acres for TVA-project operations and 438 acres for Habitat Protection or Sensitive Resource Management zoning. The protected zones include a 4.2 mile-long riparian strip along the shoreline, a great improvement over the proposed ¾ mile.

    5B. Energy-efficiency researcher nominated to TVA Board

    In September, Pres. Obama nominated Neil McBride and Barbara Haskew for two of the four vacant slots on the 9-member TVA Board (NL287 ¶4A, NL288 ¶4A). A third slot is to be filled by the reappointment of Bill Sansom -- a prominent Republican supported by Sen. Alexander – who chaired the TVA Board from 2006 until February 2009, and whose term on the Board expired in December. Pres. Obama's final nominee, announced in mid-December, is Marilyn A. Brown. Dr. Brown, until recently on the staff of ORNL and now Professor of Energy Policy at the Georgia Institute of Technology, is an expert on energy efficiency.
    Among Prof. Brown's >200 publications is the book “Energy and American Society: Thirteen Myths.” At ORNL, she co-led the report “Scenarios for a Clean Energy Future,” an engineering-economic analysis of low-carbon energy options. In 2006, she helped launch the Southeast Energy Efficiency Alliance, and she is a member of the National Commission on Energy Policy. Brown was a participant in the work of the UN's Intergovernmental Panel on Climate Change (IPCC), which shared the 2007 Nobel Peace Price with Vice President Al Gore, Jr.
    Prof. Brown's nomination, like those of Pres. Obama's earlier nominees (McBride, Haskew, and Sansom), must be confirmed by the US Senate. Another vacancy on the Board will occur in May 2010.

     
    WHAT YOU CAN DO:Contact Senators Alexander and Corker (addresses on p.2), and urge them to support the confirmation of these highly qualified nominees.

     
     

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    6. THE CHEROKEE and other NATIONAL FORESTS

    6A. 0RV-caused damage to be reduced
    [Information from Cherokee Forest Voices, 11/8/09]

    Lands in the headwaters of the Tellico River that are located in the Nantahala National Forest (NC) drain into the Cherokee National Forest (TN). An ORV (off-road vehicle) trail system in that area has for some time caused severe damage in the Upper Tellico watershed, one of the last remaining strongholds for native brook trout, a species in decline (NL285 ¶7A). Following pressure from Cherokee Forest Voices and other groups, the US Forest Service announced that it is permanently closing the Upper Tellico ORV trail system.

    6B. Right-sizing the National Forest road system
    [Information from the Wilderness Soc.]

    The National Forest system has way too many roads (360,000 miles official and 60,000 miles unofficial), the equivalent of 17 trips around the Earth at the equator. These roads significantly stress water quality, ecosystems, and forest health. It could cost taxpayers up to $10 billion to repair this road network.
    Over the past three years, Congress has appropriated $180 million under the Legacy Roads and Trail Remediation Initiative to restore watersheds by decommissioning unnecessary national forest roads and by performing critical maintenance on needed roads. The FY2010 appropriation includes $100 Million for this program, a major increase.
    To effectively use Legacy Roads funding, however, it must be determined which roads are needed and which are not. With this in mind, Congress, in the fall, required the Forest Service (USFS) to submit a report outlining how the agency would reduce its road system to a sustainable level, i.e. how it would right-size the National Forest road system. The report was due Dec. 30 but had not yet been submitted by Dec. 11.

     

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    7. ADDRESSING CLIMATE CHANGE

    7A. A strong climate bill must be passed by the Senate
    [Based on information from NPCA]

    The House passed its climate bill in June (NL286 ¶8A), but the Senate has lagged behind, being bogged down in Health Care legislation. Finally, on November 5, a bill emerged from the Senate Environment and Public Works Committee. Named the Clean Jobs and American Power Act, the bill would cut greenhouse gasses (GHG) by setting a price on carbon pollution through a "cap and trade" program. The aim is to reduce GHG emissions by 17% over the next decade, and by 80% by the year 2050.
    This is the bare minimum to avert disaster. A study recently published in the journal Science reports that the current level of carbon dioxide (CO2) in the atmosphere (390 ppm) is higher today than at any time in the past 2.1 million (or more) years, and that the CO2 concentration is rising by around 2 ppm each year (www.sciencedaily.com/releases/2009/06/090618143950.htm). Major melts that are already in progress of Arctic, Antarctic, and Greenland ice sheets and of glaciers worldwide are likely to cause serious regional water shortages and significant sea-level rises, both of which would lead to population shifts that result in critical social and geo-political disruptions. Even slight changes in the climate may trigger abrupt threats to ecosystems that are not easily reversible, such as insect outbreaks, wildfire, and forest dieback. Yields of agricultural crops, too, are likely to be affected in a major and irreversible way.
    There is wide scientific consensus that we must prevent an average temperature rise greater than 2°C (= ~4°F) above pre-industrial levels. This is the threshold above which serious, irreversible impacts would occur. These would include (among many others) the full disintegration of the Greenland ice sheet, with resultant sea-level rises of more than 20 ft, and extinction of as many as 1/3 of the world's animal and plant species, the number being exacerbated by human alterations that have occurred in their environment. If 2°C does not sound like much, consider that the temperature difference between the last major Ice Age and the present is only 5°C.
    While limitation of GHG emissions to stop global warming is clearly the most important reason for passing climate-change legislation without any more delay, it is not the only one. The USA is rapidly falling behind in the global competition for clean-energy technology – design and manufacture. Setting a price on carbon pollution will enable us to compete and win the race for our clean energy future. In the process, we will reinvigorate our economy and create millions of new jobs. There will also be important health benefits from reducing GHG emissions. The Congressional Budget Office has estimated the cost of the legislation to be $173 per year for a family of four.

     
    WHAT YOU CAN DO:Without delay, urge both your Senators to support a strong climate and energy bill. Addresses on p. 2.

     
    7B. Needed: climate legislation to protect natural resources
    [Based on information from NPCA]

    Climate change is predicted to have enormous impacts on our natural landscapes, including parks and public lands. With that in mind, several organizations had worked on getting up to 5% of the cap-and-trade revenue in the Senate bill (see ¶7A, above) designated for restoring ecosystems and helping them withstand the increase in droughts, wildfires, floods, and invasive species linked to climate change. The bill that emerged from committee would invest 1% of the revenue generated from the sale of GHG-emissions permits in the protection of air, water, land, and wildlife.
    A separate bill has now been launched to address this problem. The Natural Resources Climate Adaptation Act, introduced by Sen. Jeff Bingaman (D-NM) and co-sponsored by Senators Baucus (D-MT), Whitehouse (D-RI), and Tom Udall (D-NM), aims to safeguard America's natural resources, including our national parks, from the effects of climate change. The bill is similar to natural-resource-protection language in the cap-and-trade bill (¶7A, above), but lacks a dedicated source of funding.

    7C. EPA finding enables it to regulate CO2 emissions; Congress must not prevent its use

    On December 7, the Environmental Protection Agency (EPA) issued a legal finding that “greenhouse gases threaten the public health and welfare of the American people.” The finding was predicated on an April-2007 Supreme Court decision (NL273 ¶8B), which found CO2 to be a pollutant that EPA had authority to regulate under the Clean Air Act. During the Bush Administration, however, the Agency had delayed and obstructed progress. Now, in addition to issuing the finding, the new EPA has already proposed a rule that focuses action on the biggest sources of global-warming pollution -- namely the ones that emit more than 25,000 tons of CO2 emissions annually.
    Because EPA's declaration of Dec. 7, known as an “endangerment finding,” is a precondition for regulatory action, it has inspired the US Chamber of Commerce to rail against “top-down, command-and-control” regulation. In a concrete attack on the endangerment finding, Sen. Lisa Murkowski (R-AK) has introduced an amendment to the debt ceiling bill (H.J. Res. 45) which would bar the EPA from regulating CO2 as a pollutant under the Clean Air Act. According the The Washington Post (1/11/10), last month Murkowski ranked as the top congressional recipient of donations from electric utilities; and the amendment was drafted by two lobbyists.

     
    WHAT YOU CAN DO:(1) Urge both your Senators (addresses on p. 2) to oppose the Murkowski amendment.. (2) Thank EPA Administrator Lisa Jackson (1200 Pennsylvania Ave NW, D.C. 20460).

     
     

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    8. OTHER NATIONAL ISSUES

    8A. Funding increases for NPS and EPA
    [Information from NPCA]

    In our latest Newsletter, we reported on the good increases in the FY 2010 Interior Appropriations bill signed by Pres. Obama on October 30 (NL288 ¶5B). Among the several recipients of Interior Appropriations is the National Park Service. NPS received $2.7 billion -- roughly $218 million above the FY 2009 funding level. The NPS portion of the Land and Water Conservation Fund -- for purchase of critical lands for conservation and public recreation -- received $126.26 million. This is an increase of $61 million over last year's level. NPS Operations received roughly $130 million above last year's funding level, which fulfills the President's pledge to increase park operations $100 million above inflation. NPS is now better able to hire more rangers, fill out the authorized boundaries of many parks, enhance its ability to address the impacts of climate change on our national parks, and preserve nationally-significant ecosystems.
    [Information from Clean Water Network]
    Another agency of great interest funded through the Interior Appropriation is the Environmental Protection Agency (EPA). For FY 2010, EPA received $10.3 billion, $2.7 billion more than in FY 2009. Some water-related funding highlights include: $3.6 billion to help communities improve their drinking water and wastewater systems and a total of $641 million to clean up and protect "Great Waters" (Great Lakes, Chesapeake Bay, etc). Funding also includes $157 million for direct grants to communities

    8B. Balancing renewable-energy development and land conservation
    [Based on information published by The Wilderness Society]

    The utility-scale production of solar power requires large areas covered with photovoltaic cells or focusing mirrors. Wind power must be generated by huge wind turbines. All of these have obvious aesthetic and ecological impacts on the areas in which they are located, and many of those areas are likely to be on public lands. Of the present “dirty” -- greenhouse gas (GHG)-producing -- energy sources (oil, gas, and coal), nearly one-third come from public lands and waters, primarily those managed by the Bureau of Land Management (BLM).
    In the hoped-for shift from dirty to clean energy, the Obama Administration is making an effort to minimize the environmental impacts. BLM and DOE have released preliminary “Solar Energy Study Area" maps for a number of states (AZ, CA, CO, NV, NM, UT). One objective is to cluster many of the preliminary solar energy study areas near existing power lines and away from ecologically sensitive lands. Conservation groups are being asked for their input.
    BLM is working on a Programmatic EIS (PEIS) for solar energy development that aims to protect sensitive lands by guiding utility-scale projects to appropriate locations, including already-disturbed lands. There is some concern that PEIS deadlines imposed through another program will not allow enough time for BLM to evaluate the huge projects. This other program, designed by the Treasury Department, is a very large tax credit for renewable-energy developers who break ground by December 2010. This could very well lead to a “gold rush.” Evaluations by BLM will still be site-specific.

    8C. How much designated Wilderness do we have?
    [Information from www.wilderness.org]

    The National Wilderness Preservation System (NWPS), established by the Wilderness Act of 1964, presently contains 662 wilderness areas, totaling 109 million acres (on a total of 623 million acres of public lands). This is less that 5% of the entire United States; as much as 200 million additional acres of federal public lands may be suitable for Wilderness.
    On 3/30/09 President Obama signed the Omnibus Public Land Management Act of 2009 (NL283 ¶7A; NL285 ¶9B). This law designated 52 new wilderness areas and added acreage to 26 existing areas, a total addition to the NWPS of over 2 million acres.

     

    redrule

    9. THE OAK RIDGE AREA

    9A. Oak Ridge Cedar Barren fence replaced
    [Contributed by Jimmy Groton]

    We received an early Christmas present from the City of Oak Ridge in November when the Oak Ridge Parks and Recreation Department replaced the split-rail, cedar fence along the edge of the Cedar Barren on Fairbanks Road. The fence had deteriorated over the years and had become ineffective as a protective barrier between the road and the natural area. The city provided both people and materials to replace the fence. The new fence looks beautiful. We are especially grateful to Parks and Recreation Director Josh Collins and his staff who helped with the project, and they deserve your thanks.

    9B. Area 4 to be preserved
    [Contributed by Frank Hensley]

    Advocates for the Oak Ridge Reservation (AFORR) and TCWP have been working for more than 9 years to preserve Area 4 of Horizon Center. This tract of land is composed of about 52 acres and includes 1½ miles of the primitive road that is now the North Boundary Greenway. The main tract (approximately 40 acres) is separated from Horizon Center by East Fork Poplar Creek; it is flanked on three sides by the East Fork Poplar Creek Natural Area and on the west side by the Black Oak Ridge Conservation Easement (BORCE). Approaching this main tract from the south, the North Boundary Greenway crosses three bridges over Bear Creek. All 1½ miles of the North Boundary Greenway that lie between Route 58 and East Fork Poplar Creek are part of the gift from CROET (~9 acres). The details of the management of the road have not yet been finalized. The North Boundary Greenway is used by hikers, birdwatchers, and bicyclists.
    Late last year the Community Reuse Organization of East Tennessee (CROET) said they would consider the possibility of donating this tract of land to AFORR or to an organization that would preserve it in perpetuity. The preliminary plan is for the tract of land to be transferred to Tennessee Parks and Greenways Foundation, which will, in turn, transfer it to the Tennessee Wildlife Resource Agency (TWRA). TWRA will manage this land for conservation and recreation as they are doing with the BORCE.
    This is a very important tract of land. When the transfer is approved, CROET should be thanked for their gift.

    9C. DOE proposal for lands in the west end of the ORR (including ED-3) presents a reasonable compromise
    [Contributed by Frank Hensley and Ellen Smith]

    For several years TCWP and AFORR have been concerned with the possible development of ED-3. ED-3 included land on the North side of Bear Creek Road, land on the South side of Route 58 and land on both sides of Blair Road -- a total of about 550 acres. A DOE proposal in late 2008 added 170 acres on Bear Creek Road for mixed-use development.
    Recently, however, the acreage considered for possible development has decreased considerably. In a Habitat Assessment (HA) for ED-3 released in October 2009, DOE considers only 219 acres for transfer. Virtually all of this (217 acres) lies on the South side of route 58, between Flannagan Road (the new haul road) and just west of the K-25 visitor overlook. Most of ED-3 is a forested system that is recovering from past intensive use. (The remaining two acres are located on the NE corner of Route 58 and Blair Road.)
    Subsequently, DOE released a Draft Environmental Assessment (EA) for “The Transfer of Land and Facilities within the East Tennessee Technology Park and Surrounding Area, Oak Ridge, TN”. This document addresses the use of 5,000 acres of land in the west end of the Oak Ridge Reservation, of which 1,800 acres (mostly K-25 buildings, but also including the 219 acres of Parcel ED-3 – see above) are identified for possible transfer to CROET for mixed-use development. The EA is available electronically at http://www.oakridge.doe.gov/External/LinkClick.aspx?fileticket=5E1sej5MBxo%3d&tabid=325&mid=1118.
    The balance of the 5,000 acres (land not eligible for transfer) contains the following: 1,500 acres included in the Black Oak Ridge Conservation Easement (BORCE), 50 acres for DOE operations, and 1,650 acres classified as Non-Development Land and retained by DOE. This Non-Development Land encompasses many of the areas mentioned in the beginning paragraph of this article, and will be used for a buffer zone, wildlife management, forestry, and environmental research and monitoring.
    AFORR and TCWP members have reviewed the EA, and especially the land assignments made from the ~5,000 acres. They consider that the proposed transfer of 219 acres of ED-3, which is largely previously disturbed land, is a reasonable compromise between development and conservation.

     
    WHAT YOU CAN DO: Anyone wishing to comment on the EA must do so by January 29. Contact Susan Cange, at US DOE Oak Ridge Office (NS-50), P.O. Box 2001 Oak Ridge, TN 37831; Fax 865-241-3314; e-mail cangesm@oro.doe.gov.

     
    9D. AFORR meeting to feature “Forever Green Tennessee” advocate
    [Contributed by Frank Hensley]

    The Annual Meeting of Advocates For the Oak Ridge Reservation (AFORR) will be held on January 28 (details in the last paragraph). It will feature Kathleen Williams, leader of the “Forever Green Tennessee” campaign to resurrect state funds that are dedicated to the acquisition of lands and waters for their protection (see ¶2C, this NL).
    Kathleen Williams has served as president and executive director of the Tennessee Parks and Greenways Foundation since it's inception in 1997. At TPGF, she launched "State Park connections" -- a small-grants program that has awarded more than 164 grants totaling $267,704 to other organizations. Her work through the Foundation has preserved over 10,000 acres of beautiful natural resources in Tennessee. This work has earned TPGF and Ms. Williams a number of awards.
    Prior to her work at TPGF, Kathleen was the director of the Tennessee Greenways Program for The Conservation Fund from 1995-1998. In this capacity she initiated greenway projects across the state and developed the Governor's Bicentennial Greenways. Prior to that, Kathleen successfully lobbied for the "State and Local Parks and Recreation Partnership Act of 1991", which resulted in more than $15 million per year for state parks. forests, city and county parks, wetlands, and cleaner water. As a result of this 1991 funding bill, >240,000 acres have been set aside in Tennessee for land conservation.
    The AFORR meeting on Thursday, January 28 at 7:00 PM will be held in the Midtown Community Center (Wildcat Den), 102 Robertsville Road. This is on the NE corner of the Oak Ridge Turnpike at traffic light #11. The public is invited.

     

    redrule

    10. TCWP NEWS

    10A. A Note from the Executive Director
    [Contributed by Sandra Goss]

    For the past several weeks, TCWP has been preparing for a successful 2010. Among our chief concerns for the year are:

  • Obed Wild and Scenic River land acquisition.
  • Corridor-K Project
  • The State Legislature Protection of the yet-to-be-acquired 1,000 acres within the congressionally authorized park boundaries continues to be a top priority for TCWP (see also ¶1D, this NL). Along with several sister organizations, we're relentlessly working to educate our Senators and Congressman Davis (in whose district the Obed lies) about the vulnerability to development of this wild river.
    Many organizations are working to increase the Land & Water Conservation Fund appropriation, which was virtually decimated in the previous administration. I'm optimistic that current leadership will increase the LWCF, which is the No. 1 source for Obed land acquisition funding
     
    The Corridor K Citizens Resource Team (of which I'm a member) will hold its final meeting later this month. A Transportation Planning Report will be released soon, and this document will determine whether an Environmental Impact Statement is to be issued. It's virtually certain that an EIS will be done, and TCWP, along with other groups, will be analyzing the options and informing you about them.
     
    Finally, the State Legislature. Regular readers will readily recall the 2009 Legislative session with the proposed water bills that would have had highly deleterious effects on Tennessee's waters. Over the past several weeks, representatives from many groups across the state have met, in person or over the phone, to discuss the upcoming session and the issues that are likely to need our attention.
    The November Sustainable Tennessee Conference, with more than 125 attendees, developed a strong, multi-faceted agenda that enumerates the tops issues of concern. For more information on this, visit www.tectn.org.
    TCWP along with the State, Knoxville/Knox County, and Oak Ridge Leagues of Women Voters, and other organizations sponsored “Communicating with Your Legislator” workshops in November to foster a greater understanding of citizens' role in the lawmaking process. These were well received, and constitute a building block in stronger relations with the League of Women Voters and others. Success lies in developing the largest “choir” possible to “sing” about the importance of our water, air, and habitat.
    TCWP and other groups will work throughout the session to stay aware of threatening or positive legislation, and will communicate the particulars to you (see ¶2A, this NL). Please, if you haven't already, sign up for our e-mail alerts (contact me at Sandra@sandrakgoss.com). It is particularly helpful for constituents of key legislators to make their own senator and/or representative aware of people's concerns.
    Another way to participate is to join us on Tuesday, February 23 for Conservation Day on the Hill. This is a day for those of us who enjoy pure drinking water, clean air, and protected habitats to show ourselves to the State Legislators. Participants will be provided with advance tips on how to help maximize our presence, information on issues of interest, and an identifying lapel sticker. One does not have to endorse or talk about the suggested issues of interest. For particulars, see ¶2B, this NL.
     
    At this writing, we've raised $23,255 from our Year End Appeal. To all our supporters I extend humble thanks and a hurrah for TCWP. We are a fine organization with the most decent people around. Thank you for your help in the past, and for considering the pleas we make in future. None of our work is possible without you.

    10B. Upcoming activities
    [Contributed by Carol Grametbauer]

    Whites Creek Trail workday – Saturday, January 23
    TCWP will sponsor the annual trail cleanup at Whites Creek in Rhea County as part of its ongoing stewardship of this TVA Small Wild Area. The trail loops onto land previously owned by Bowater, and (thanks to the generous support of our members) purchased by TCWP several years ago.
    Participants should wear sturdy shoes and bring work gloves, loppers, and small bow saws or folding saws. Some tools will be available at the event. It is also a good idea to bring water, snacks, and/or a lunch. We will meet for carpooling at the NOAA laboratory in Oak Ridge (456 S. Illinois Avenue, near the intersection with Lafayette Drive); we plan to leave Oak Ridge at 9 a.m. EST. Those who prefer to drive separately can join the crew at the trailhead at 10 a.m. EST. We expect to spend three to four hours at the site, but participants can come and go as they wish.
    If the weather is too ugly (excessive rain or snow and ice) we will reschedule for another Saturday. Call Jimmy Groton at 865-805-9908, or send email to groton87@comcast.net.
    Program on Invasive Pest Plants – Thursday, Feb. 25
    Many introduced plant species are harmless, but some—such as mimosa, autumn olive, bush honeysuckles, and others—may naturalize and become invasive, causing damage to native plant communities. Harry Quarles of the Oak Ridge National Laboratory's Environmental Sciences Division, who has had experience with exotic invasive species on the Department of Energy's Oak Ridge Reservation, will present an informational program on invasive pest plants and their management. His talk is scheduled for 7 p.m. on February 25, in the Craft Room at the Oak Ridge Civic Center.
    Alley Ford Cumberland Trail workday – Saturday, February 27
    A day of trail work and hiking will take place on the 2.5-mile section of the Cumberland Trail between Nemo Picnic Area and Alley Ford at the Obed Wild and Scenic River that TCWP adopted in 1998. Participants should wear sturdy shoes or boots and bring work gloves, loppers, small bow saws or folding saws, shovels and grubbing tools, as well as a lunch and plenty of water. Some tools will be available at the event. Participants can meet for carpooling at the NOAA building in Oak Ridge (456 S. Illinois Avenue, near the intersection with Lafayette Drive) in time to leave Oak Ridge at 9 a.m., or can join the crew at Nemo Picnic Area or Rock Creek Campground at 10 a.m. We expect to return to the trailhead by around 3 p.m..
    Spring Cedar Barren cleanup – Saturday, March 6
    We will conduct our spring exotic invasive plant removal at the Oak Ridge Cedar Barren on March 6. Located next to Jefferson Middle School in Oak Ridge, this Barren is a joint project of the City of Oak Ridge, State Natural Areas Division, and TCWP. One of a few cedar barrens in East Tennessee, the area is subject to invasion by Chinese lespedeza, leather leaf ligustrum (Japanese privet), autumn olive, mimosa, Nepal grass, multiflora rose, and woody plants that threaten the system¹s prairie grasses. Our efforts will help to eliminate the invasives and other shade-producing plants that prevent the prairie grasses from getting needed sun.
    Volunteers should meet in the Jefferson Middle School Parking lot at 9 a.m., with sturdy shoes, loppers, gloves, and water. The work session will conclude at noon.
    Frozen Head State Park Wildflower Hike - Saturday, March 27
    Think spring! Tennessee State Naturalist Randy Hedgepeth will lead a hike at Frozen Head State Park, one of the best places in East Tennessee to see spring wildflowers. Save the date, and watch for details in the March newsletter.
    Additional information on all TCWP activities may be obtained from TCWP Executive Director Sandra K. Goss at Sandra@sandrakgoss.com or at 865-522-3809.

    10C. Recent events
    [Contributed by Carol Grametbauer]

    TCWP Holiday Party – December 10
    A congenial crowd and delicious food were the highlights of our annual holiday party, held at the Oak Ridge home of Jenny Freeman and Bill Allen. TCWP members and guests turned out to renew old friendships and to meet some new friends. Many thanks to Jenny and Bill for hosting us at their beautifully decorated and warm home on a frigid evening!
    Sandhill Crane Outing - Hiwassee Wildlife Refuge – December 12
    About 30 people gathered on a cold day for an outing to the Hiwassee Wildlife Refuge, to see some of the migrating sandhill cranes that stop there each fall enroute to wintering spots in Florida and Georgia. The group saw about 100 cranes, along with snow geese, great blue herons, several species of ducks, and two bald eagles. Thanks to TCWP member Ken Dubke for his help with the arrangements for this trip.

    10D. Help fund TCWP without spending a dime!
    [Contributed by Cindy Kendrick]

    TCWP sells Kroger Gift Certificates and Gift Cards that can be used to purchase virtually anything at Kroger: groceries, toiletries, prescriptions and over-the-counter drugs, gas, postage stamps, phone cards, and gift cards for a wide variety of restaurants and retailers. How can this be? Kroger generously allows TCWP to buy the cards and certificates at 5% discount! We sell them to you at face value, and you can use them for your regular purchases at Kroger. Members' purchases earned TCWP $500 in each of the past three years! Please contact Sandra Goss at 865-522-3809 or sandra@sandrakgoss.com for more information or to request your Kroger cards. You can also purchase the cards at any TCWP event. Please help painlessly fund TCWP's vital work!

     

    redrule

    11. CALENDAR; RESOURCES

    •• CALENDAR (deadlines and events)
    (For details, check the referenced NL item; or contact Sandra Goss, 865-522-3809, or Sandra@sandrakgoss.com)
    • January 23, Whites Creek Trail workday (see ¶10B, this NL).
    • January 25, 7:30 a.m., Breakfast with our legislators, sponsored by LWV. Oak Ridge Civic Center, Social Room.
    • January 25, Comment deadline for NPS oil & gas regulations (see ¶1C, this NL).
    • January 25 and 26, Public meetings on Pigeon River pollution (see ¶3B, this NL).
    • January 28, Kathleen Williams speaks at AFORR meeting (see ¶9D, this NL).
    • January 29, Comment deadline for DOE landtransfer (see ¶9C, this NL).
    • February 2, 6:00 p.m., Wartburg. ERWA meeting at Morgan County School Board office on Flat Fork Road. Speaker: Greg Babbit, the Tennessee Stream Mitigation Program project manager of the Flat Fork restoration. Additional information in ¶1E, this NL.
    • February 3, 7:00 p.m., “The Future of Water,” Maude Barlow, Canadian author and activist, speaks on the growing national and international water crisis. Toyota Auditorium, Howard Baker Jr. Center, Knoxville. ? Free.
    • February 9, hearing on landfill in BSFNRRA watershed; comment deadline, Feb. 19 (see ¶1A, this NL).
    • February 22, 7:30 a.m., Breakfast with our legislators, sponsored by LWV. Oak Ridge Civic Center, Social Room.
    • February 23, Conservation Day on the Hill, Nashville (see ¶2B, this NL).
    • February 25, Harry Quarles presentation on “Invasive Pest Plants in the Home Setting” (see ¶10B, this NL).
    • February 27, Alley Ford Cumberland Trail workday (see ¶10B, this NL).
    • March 6, Cedar Barren cleanup (see ¶10B, this NL).
    • March 27, Frozen Head State Park Wildflower Hike (see ¶10B, this NL).
    • March 29, 7:30 a.m., Breakfast with our legislators, sponsored by LWV. Oak Ridge Civic Center, Social Room.
    •• RESOURCES
    • The DVD “Mountain Top Removal,” shown on PBS stations on March 23, 2009, won the 2008 Reel Current award, presented by Al Gore at the Nashville Film Festival. The DVD can be purchased online at www.hawriverfilms.com/id10.html, using your credit card or paypal account; the $21.50 price includes shipping worldwide. If you have any problems with your paypal order, contact info@hawriverfilms.com, or 919-218-5792.
    • Coal's assault on Human Health,” a report by Physicians for Social Responsibility (http://www.psr.org/) takes a new look at the damaging impacts of coal on the human body, specifically on the respiratory, cardiovascular, and nervous systems. Coal combustion releases mercury, particulate matter, nitrogen oxides, sulfur dioxide, and dozens of other substances known to be hazardous to human health. The report looks at the cumulative harm inflicted by those pollutants. It also considers coal's contribution to the health effects of global warming. The report is available at  (pdf)
    • ”Water Utility Conservation Practices” is the title of OWCA's January fact sheet. Numerous Level-1, -2, and -3 practices are described. For info, call 931-484-9033.
    • An adult education course on wind and solar power systems is being offered, free of charge, by the Morgan County Career and Technical Center, at 123 Flat Fork Rd, Wartburg. Registration and the first class will be on January 12 at 6:30pm EST, with an additional 12 weekly sessions to follow at weekly intervals. For more information, contact Ronnie Trout, 423-346-6285 or 423-539-3463.

    redrule

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