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Source: Knoxvillebiz.com - It's OK for a flag to flutter in the wind, but not the fabric in a silt fence.  If you see a building site where the silt fences are sagging or rippling in the wind, you can bet they are not doing their job as a barrier against soil erosion. They need to be taut, said Ruth Anne Hanahan, education and outreach coordinator with the Water Quality Forum.  Her organization is teaming with the Knox County Stormwater Management Division on a program to educate building subcontractors on the importance of maintaining erosion control measures at construction sites.  Members of the water quality group, county officials and AmeriCorps Volunteers gathered Friday at a building site in West Arden subdivision off George Williams Road to guide workers through a tutorial on silt fences and other soil erosion barriers.  Bob Mohney, president of Saddlebrook, the subdivision's developer, said his company wants to stay in the forefront on "green" building methods and wants contractors working on Saddlebrook projects to meet the same standards.  "Green building includes more than just the actual building of the home," Mohney said. "It includes the environment and impact on the environment, and obviously soil and sediment control is very important in East Tennessee, and we want to be a leader in it."  When he found out about the Water Quality Forum program, he invited those involved to lead a two-hour session for subcontractors in West Arden. Posters were mounted on easels to show proper and improper ways of installing silt fences, storm-water drain barriers, erosion control blankets and other erosion control features. Viewers could lift a flap to reveal which photos showed the correct methods. Instructions were in English and Spanish because of the many Spanish-speaking workers employed by subcontractors.  The idea is that Saddlebrook employees have been drilled on the proper methods, but workers for a plumbing company or electrical company, for example, would not always know about silt fences or "eels," which are long sandbag-like barriers used to protect storm drains from sediment runoff.  "All our employees have been trained in new standards of silt control, but subcontractors are on the site more than anybody else," Mohney said. "We've tried to express to them how important this is, but they need to understand why we are doing it, how we are doing it and how important it is to protect our communities when they are in here through sediment control."

Mark Leach, director of construction for Saddlebrook, said a subcontractor otherwise might inadvertently cause problems.  "Say you've got a delivery guy with a truckload of trusses. If he doesn't know that silt fence is there for a reason - 'OK, I'll just back over it and dump my stuff on top of it,' " Leach said.  The hope is that subcontractors will avoid doing such things, plus be educated to spot and report erosion problems they see on job sites, he said. The scope of Saddlebrook's operations makes this important, he said.  "With 14 active subdivisions (under construction), there would be about 1,000 people there on a good work day," he said.  Hanahan said some of the impetus for the program came from Knox County. Parci Gibson, with the Stormwater Management Division, said getting better adherence to erosion control standards at construction sites can help the county better meet state and federal mandates to protect rivers and streams. Saddlebrook is the second developer that the county and the Water Quality Forum has worked with to educate its contractors, Hanahan said. The first sessions were held at two different subdivision sites under construction by Worley Builders Inc., she said.

The Department of Commerce has selected the city of Merrill to regulate erosion control, sediment control and stormwater management for commercial buildings within the municipality.  Under the agent delegation agreement, Darin Pagel, the city's building inspector, will be responsible for regulating erosion and sediment control at public buildings and places of employment for Merrill.

Under threat of court action, Kevin Guay has come to an agreement with the state over the need to stop sediment-filled water from running off his property into the city's drinking water supply.  In Merrimack County Superior Court yesterday, attorneys for Guay and for the state agreed to a preliminary injunction that requires Guay to take "any and all legally available measures necessary" to ensure that water with sediment does not leave his property.   "We're all going to cooperate to get it done," said Guay's attorney, Brandon Giuda.  Guay had been building a single-family home on his property at 30 Villanova Drive. The Department of Environmental Services last week obtained a temporary order that stopped Guay from continuing construction because of concerns over pollution. The state said that water laden with sediment was making its way from his property to Penacook Lake, the city's drinking water supply.  At a hearing yesterday before Judge David Sullivan, Assistant Attorney General Allen Brooks said the temporary restraining order was put in place because of concerns that last week's rain would cause more runoff. He brought photos taken last week showing brown water running down Guay's property. "What happened was what we alleged would happen: significant water quality violations," Brooks said.

Giuda said Guay had instituted pollution controls and had been working with a state wetlands bureau employee to resolve the issue.  Looking at pictures provided by both the state and by Guay, Sullivan said it was obvious that Guay did have some controls. "I see one," he said. "It's ineffective, but there is a fence for erosion control."  But when Giuda argued that there was only so much Guay could do in light of the large construction site and heavy snow, Sullivan disagreed.  "There is something you can do," Sullivan said. "You just don't do it in the middle of the spring."  Ultimately, both sides agreed to the injunction after some changes in language. The injunction forbids Guay to alter the land, other than to stabilize the property. It states that Guay must hire a certified professional installer for erosion and sediment control products or a state-approved engineer to oversee the stabilization measures and to prepare a plan to permanently stabilize the property. Guay must also hire a certified wetlands scientist to prepare a plan to restore the area. The injunction will not prejudice the court in any future hearings.

Giuda said Guay has already hired an erosion professional and an engineer. He brought in pictures that showed attempts Guay has made to stop pollution, including areas that were seeded and hayed, retaining ponds, erosion control blankets, hydraullic mulch, straw wattles and multiple levels of a silt fence.  "He's been working the last month trying to contain this," Giuda told the Monitor. "But with the volume of snow, it just got away."  Sullivan said he hoped the two sides could resolve the issue and dismiss the lawsuit. If not, he said he would schedule another hearing.  Brooks said the state cannot ask for specific penalties, but the maximum penalty allowed by statute is $10,000 a day for each violation. The state says Guay is violating the state wetlands act and the water pollution act.  Guay paid a $30,000 fine in 2005 after similar complaints about the lack of erosion controls on his property.

Source- News8 (KFMB - San Diego, CA): State water inspectors have cited a housing contractor hired by Camp Pendleton for polluting Oceanside Harbor. It's the second time this year that runoff from a Camp Pendleton project has caused health concerns.  A few months ago, city workers started noticing brown silt flowing into the harbor. State inspectors say it's coming from a Camp Pendleton housing project upstream.  "We have here one of the outfalls that is pretty much hidden behind the support column here," said State Water Quality Inspector Tony Felix.  For several months, that storm drain has been hiding a big secret, one that Felix discovered because of the images snapped during last winter's heavy rains.  "I was able to work my way upstream from the point of discharge," continued Felix.

The photos show silty runoff draining into Oceanside Harbor.  Felix says the mess was coming from a nearby housing construction project on Camp Pendleton property.  Felix took photos showing a water collection basin that he says Overflowed into the storm water drain.  Felix then issued a water pollution violation notice on April 14 against Hunt Building Company, which is a housing contractor hired by the military.  "Their basin was sized for half inch. According to recent rain reports we've had 2.3 inches, which is way over the capacity of the basin. That's why we had discharges of sediment laden water from the site," noted Felix.

The state ordered Hunt Building Company to submit an action plan by May 16, detailing why the runoff happened and how it will be prevented in the future. If they don't comply, they could face thousands of dollars in fines.  "We have to take preserving water quality very seriously especially in cities like San Diego not only for the military, but to everybody," explained Felix.  News 8 spoke with boaters who say they want to make sure Oceanside Harbor stays clean.  "I didn't know it was coming from Camp Pendleton up the hill. I thought it was just the red tide," said John Heizer.  "The water has been brown. We were wondering why. We really don't know," Rob Stewart commented.  "If that is where it is coming from, they should be held to higher standards I think," continued Erin Stewart.

Hunt Building Company is the same firm that caused concerns for parents earlier this year at North Terrace Elementary School in Oceanside.  A hunt subcontractor was operating a concrete crushing yard next to the school, when toxic runoff water flooded a playground.  After News 8 exposed the problem, Hunt moved the concrete crushing yard to another location on Camp Pendleton.  They also planted fresh, green grass at the site to keep runoff away from the school.  And as far as the Oceanside Harbor runoff problem, Hunt Building Company says they're working with state inspectors.  In a written statement, a spokesperson said:  "We strongly believe that the methods we use to control stormwater and sediment from our activities are effective and designed to fully comply with legal requirements that protect the environment."

Late this afternoon, Camp Pendleton issued a statement saying Hunt Building Company is responsible for complying with all environmental laws associated with the project.

Source: Mother Earth News - A "well-behaved" brook can produce energy; water for crops, livestock, or and fish for food and re- creation. people; creation. A degraded one, on the other hand, detracts from the appearance of its surround ings and-during and just after a flood-can endanger life and property, as well as ab sconding with chunks of irreplaceable soil.

Floods and massive soil erosion naturally bring to mind another virtue of a wellmannered stream: its ability to carry excess water off the land in an orderly fashion. A stream, however, isn't the only thing that can perform that function. There's that human invention known as a ditch. Far too often, when a stream fails to dispose of its load of water efficiently, we tend to think of it as a malfunctioning ditch. We even discipline rowdy streams into monotonous canals through the process called channelization: straightening and deepening the streambed and removing all obstructions to flow.  This often "works" in controlling the flooding and erosion control-if you don't care about fish, wildlife, aesthetics, or recreation, and if you can justify dumping your problem on people downstream.

You can stop streams from flooding or changing course over the years without resorting to heroic engineering feats. You can also prevent changes in course and water level from occurring so abruptly that the carrying capacity of the land-for everything from wildlife to agriculture to housing-is reduced with each rain.

State Gazette (TN) - Efforts are underway -- again -- to make the West Tennessee Tributaries Project more environmentally friendly.  The old flood control project focused on channelizing the rivers. Waterways were straightened, made deeper and essentially turned into glorified drainage ditches.

The old WTTP was high-maintenance, but it worked. In fact it worked so well that it drained wetlands along the rivers. That led to a lawsuit that brought the project to a halt more than three decades ago.  A governor's task force was appointed in 1992 to reformulate the WTTP. The group developed a mission plan that called for restoring the natural river meanders and removing floodplain obstructions, such as levees, ponds lined with geomembranes wherever possible. Everyone agreed to the concept, but political wrangling prevented its implementation.  The U.S. Army Corps of Engineers attempted to establish pilot projects testing those ideas on the Obion and Forked Deer Rivers have been thwarted either by politics or by economics. Last year, the Corps and the West Tennessee River Basin Authority worked together to find a suitable spot for a pilot project. They analyzed nine locations, but none qualified through the Corps' benefit-cost ratio -- at least not under the existing project.  Basin Authority Executive Director David Salyers said all of the potential pilot projects were located on the Obion River, the only place where work can begin until the Corps buys more mitigation land. None of those locations had enough flood-linked timber and crop damage to meet the benefit-cost ratio, he said.

Close to a decade ago, the Environmental Protection Agency began cracking down on the stormwater runoff coming from large construction sites in larger cities around the country.  The first cities handled in Kansas included Wichita, Kansas City and Topeka. Now, it's Dodge City's turn. And, whatever eventually gets passed will have a major effect on local developers and contractors.  Doug Danaher, regional manager of stormwater services of Wilson and Company out of Kansas City, Mo., presented the Dodge City Commission on Monday with a basic outline of what the city's ordinance would require of potential developers in the area.

The city, which is required by both the EPA and the Kansas Department of Health and Environment to pass an ordinance monitoring stormwater runoff, will have to tailor-make the local guidelines.  The first step in drafting the ordinance, identifying illicit discharge of pollutants into the storm sewage system, went without any major problems, Danaher said.  However, the city is now required to develop a program to reduce stormwater pollution from construction sites as well as businesses and residents.

The ordinance, which is still in early draft form, would require the city to monitor the amount of washout, chemicals, detergents and whatever non-water materials get washed down the drains.  "The EPA basically wants everyone to know what goes through the stormwater sewage goes into the river," Danaher said.  Similarly, contractors in the area would also have to provide proper prevention for erosion and sediment control (no dirt and dust into the air or neighboring properties), design guidelines, standard specifications and a streamlined administrative process.  Joe Finley, director of engineering services, said the finalized ordinance would offer extremely specific guidelines for local contractors, outlining from start to finish what they would have to do to meet federal and state guidelines using erosion control products and sediment control products.

Mayor Kent Smoll said he was concerned that the financial impact of temporary seeding to prevent dust and erosion, along with silt fences, straw wattles and other required efforts, would frustrate local contractors.  "I just see this as another contractor battle," Smoll said. "But I guess it's one we can't get around."  Finley said it should be economically feasible for many contractors to meet the guidelines, and it would just be a matter of how ingenious the workers could be.  For example, to prevent dust and erosion of exposed land during a long-term construction project, Finley said a cheap alternative like rye grass could be planted to keep the topsoil in place while the project was finished.  Most of the guidelines would apply to any development larger than one acre.

By Don Crosby for The Confederate
West Grey residents may never know what the municipality’s share of the cost of erosion control measures on the North Saugeen River near the Neustadt sewage lagoons. Mayor Kevin Eccles said on Thursday an agreement reached between the Ministry of the Environment (MOE) and West Grey a couple of weeks ago resulted in West Grey withdrawing its appeal to the Environmental Review Tribunal to a work order by the MOE in September 2006 and the ministry lifting its work order was done to save both sides the cost of a lengthy hearing and ensure the project moves forward on time. However the agreement contains a confidentiality clause that prevents the parties from revealing the details of the financial settlement. "There's a confidentiality agreement between the parties . . .which includes ourselves, the municipality and the Environmental Review Tribunal. We can't get into the details of that at this time without the agreement of the other parties," said John Steele media spokesperson for the MOE during an interview on Tuesday from his home. "I had a brief email conversation with the lawyer from the ministry and she pointed out there was some confidentiality agreement . . . and that it was signed by the three parties,” Mr. Steele said. The determination of the final cost sharing agreement has yet to be determined and that won’t take place until the project is completed. “Then we will be able to determine what the municipality will be responsible for and what the province has covered off,” Mayor Eccles said. “That’s when the project manager will probably be able to give you a definite answer on what cost can be allocated to COMRIF (Canada Ontario Rural Infrastructure Fund) and what costs are ineligible which the municipality will have to pick up. Land purchases, legal costs are the responsibility of the proponent of the project and aren’t eligible for COMRIF funding, Mayor Eccles added. "There is a cost sharing agreement but the exact details of that cost sharing agreement is being be kept confidential,” said Mr. Steele who promised to look further into the details of a financial settlement Mayor Eccles said the confidentiality clause was at the insistence of the MOE and West Grey is not in position to waive the confidentiality agreement. “The West Grey council and the provincial government through the MOE have come to an agreement that the council is comfortable on going forward with,” said Mayor Eccles who reiterated that there will not be a public statement detailing the cost sharing agreement at the end of the project. “You may have to do some fact finding work on this one,” he said. “There’s more to say but I can’t say anything else at this point in time. I would like to say more but there is restrictions on it. I will honor that part of the agreement,” the mayor said. The dispute centers around who is responsible to protect the lagoons from further erosion by the South Saugeen River. The government has long argued that the party affected by the erosion must pay for the repairs. MOE spokesperson Phil Bye told council in 2006 that erosion control is the responsibility of the owner when it takes place on private or municipal property. West Grey has argued that it’s not the sewage lagoons that are encroaching on the river, but the provincially owned waterway that is threatening municipal sewage lagoons. In March 2007 West Grey received two thirds of the funding for the erosion control project under COMRIF toward the estimated $2.4 million cost of the erosion control project. It’s the municipality’s $796,000 share that West Grey has refused to pay for in the past. Mayor Eccles said West Grey ratepayers will have to trust that their elected officials are working to get the best deal on their behalf.

The Question: The James River and six of its tributaries, including Blackwater Creek, Ivy Creek and Tomahawk Creek, have been identified as impaired waterways by the U.S. Environmental Protection Agency. The Blackwater Creek Watershed specifically has been stressed by development due to increased erosion and stormwater runoff, according to a 2006 study undertaken by Lynchburg College and partnering agencies.  Local ordinances designed to limit the impact of development have been put in place by the city. Programs such as the combined-sewer overflow work have also been pursued to improve the health of the area’s waterways.  Explain whether you do or do not feel the city has taken sufficient steps to protect local streams and rivers. If you do, explain why you feel current measures are adequate and further action is unnecessary. If you do not, explain why you feel city policies are insufficient and specify what additional action should be taken.  If you're knowlegable on the products, please discuss erosion control and sediment control process and the erosion control products available to help protect our waterways.

Mike Gillette, Ward I
“The City has recently taken great strides in environmental protection, including the commitment to build two new LEED certified buildings, but there is more that we must do. We need to maintain high standards of erosion and sediment control during construction. We need to move ahead with the ordinance that I initiated regarding high-impact big-box developments by setting higher standards for on-site stormwater management. We also need to evaluate undeveloped areas in the City to make sure that we properly manage our green space and resource conservation land. Concern for the environment should be routine.”

Jim Martin, Ward I
“Lynchburg has taken steps to properly protect our streams and rivers. Additional measures could hurt our economic progress with little or no benefit to the environment. Considering cost to our citizens associated with the combined sewer overflow project, more of which should be paid by the state since it benefits the entire state not just Lynchburg, also the costs of other regulations to developers and ultimately purchasers of property, it seems clear Lynchburg is in line with best water protection practices. We can’t continue piling on costs making little or no contribution to the quality of water or the environment.”

Tom Shahady, Ward I
“As primary author of the 2006 study I provided evidence our city has never taken protection of Blackwater Creek Watershed seriously. State law has 19 minimum erosion and sedimentation standards enforced by the city that developers haphazardly follow with minimal consequence. DEQ and COE developed good stream mitigation programs most developers avoid that would funnel money for stream restoration to our beleaguered watershed. City code requires maintenance reports for stormwater management ponds that are not enforced. Development after development after development passes through city council without proper scrutiny for environmental impact. I won’t let this continue if elected to council.”

Ceasor Johnson, Ward II
“Lynchburg is one of the top 25 places to live. One of the reasons is because of our trails and parks system. We have miles of green space in the city of Lynchburg that protects many of our streams and tributaries. I was employed by the USDA-Natural Resources Conservation Service prior to being elected to city council and know first hand that the city helped fund erosion and sediment control efforts from the Head Waters Conservation district who monitored erosion concerns on construction sites. Can we do more, certainly? I am confident that the efforts we currently employ are sufficient.”

David Johnston, Ward II
“This is one of those issues where we do not need new sweeping legislation. As stated, there are already local ordinances in addition to the untold number of EPA regulations to address these concerns. We just have to make sure there is proper enforcement. Once again, this is an area where we are better to examine each situation on an individual basis.”

Jeff Helgeson, Ward III
“The city has not taken sufficient steps to adequately protect our water. The stormwater ordinance was passed in 2007 which should help improve the effects of future development. The issue appears to be with the selective enforcement of the current rules, and not with need for new laws. At our February 26th Council meeting, I called for a review of our enforcement procedures because of the developments of Cornerstone and the town-homes on Leesville Road. There were rules and requirements in place regarding things such as grading, dust, and run-off that were not being enforced.”

Nat Marshall, Ward III
“The City has taken positive steps towards protecting our streams and rivers but much more can be done. The CSO Project continues to make slow, steady progress. College Lake, nestled alongside Lynchburg College and the only lake in the city, is still filling with sediment. Lynchburg College has taken a proactive approach, teaming with the Army Corps of Engineers to find a solution. The City needs to remain vigilant with any new development to ensure that standards are being met or exceeded and that we minimize any potential negative impact from run off.”

Turner Perrow, Ward IV
“The policies are in place, and now it is a matter of enforcement and action. Local efforts have considerably improved water quality; however, much work remains along the James River and in our older neighborhoods. As an engineer, I designed and constructed CSO projects and can see the improvements to our waterways. In addition, I helped write the City’s erosion & sediment control products ordinance. These are smart growth policies minimizing the adverse impacts on our environment and improving our quality of life. Join us at a Town Meeting, April 27th, at Mountain Frost Creamery, Wyndhurst from 12:30 to 2:30pm! 

Marie Waller, Ward IV
“Lynchburg has spent millions on the Combined Sewer Overflow project, limited by the amount of taxes it can charge city residents, the money it can get from the state, and the amount of sewer construction the city can stand. On this problem I believe the city is doing all it can. Regarding stormwater runoff, it may well be that stricter measures and stronger enforcement are needed in the city, but we also must look to Bedford and Campbell Counties for similar action, since both Ivy Creek and Tomahawk Creek originate in those counties and are major tributaries to Blackwater Creek.”