Newsletter No. 287 September 13, 2009

1. OBED AND BIG SOUTH FORK

Just before this NL went to the printer, TCWP representatives were able to take advantage of a last-minute opening in Congressman Lincoln Davis's schedule and met with him to press the case for funding Obed land acquisition. Congressman Davis was aware of the vulnerability of the Obed's pristine river gorge to development, and said that he would work with fellow Representative Salazar (brother of Secretary of Interior Salazar) to highlight this need to the Department of Interior and the National Park Service. Additionally, he has named a couple of staffers, notable Field Representative John Robbins, to shepherd this effort through legislative avenues.  It is encouraging that Congressman Davis has taken this on, even though he cautioned “I can't make any promises, but I will try to help with this. It could take a few years.”
The Morgan County Tourism Commission has passed a resolution supporting land acquisition to complete the Obed WSR. This is strong support from the local area.

Janet Ambrose, long-time NPS staffer who is currently working as Interpreter at Indiana Dunes National Lakeshore (near Chicago), will become the new Unit Manager of the Obed Wild & Scenic River. Ms. Ambrose is originally from Memphis, has lived there and elsewhere in Tennessee, attended William & Mary and David Lipscomb, and has worked at Natchez Trace and at Shiloh.
She will assume her position at the Obed on September 27 (Phone: 865-346-4666). Thrilled with her new assignment, she has already bought a house in Wartburg and is anxious to start. Those of us who attend the TCWP Annual Meeting on October 17 (see ¶6B, this NL) will have the pleasure of meeting Ms. Ambrose, who plans to make a few remarks to introduce herself.

Streams in the Big South Fork watershed have been classified “impaired” because of siltation associated with abandoned mining, silviculture, and channelization.  These streams exhibit a marked loss of biological integrity.  Under the federal Clean Water Act, the state must issue TMDLs (Total Maximum Daily Loads) to determine the allowable pollutant load that the water can assimilate.
TCWP provided technical comments on the level at which these TMDLs should be determined, suggesting a more stringent application of data from reference streams.   Further, we recommended that a comprehensive sediment-monitoring program for BSF streams be established to document whether the TMDLs do indeed result in the considerable reductions in sediment loading that is called for.  A periodic review process should be set up, and if data from the monitoring program indicate that sediment loadings are not sufficiently reduced, then TMDLs should be reduced.

The city of Crossville, which has a historical and current concern with its future water-supply needs, is located at the head of the Obed watershed.  For this reason, the city's (and county's) water-supply planning has long been of interest to TCWP, inasmuch as the damming of major Obed tributaries has been proposed on several occasions.
Recently (according to the Crossville Chronicle of July 31), the Crossville City Council approved a resolution to take water from Lake Tansi by eminent domain.  The City Attorney is to file a petition for condemnation in order to acquire “the water, property, and other rights  . . . of Lake Tansi.” The city plans to pipe the water to the Meadow Park Lake, which is already used as a source for city water. Lake Tansi is a long-existing impoundment of Daddy's Creek, one of the two largest tributaries of the Obed River.

Of 16 rare, threatened, and endangered plant species that have to date been recorded in the Obed River system, 9 are found on “alluvial bars,” small islands that have been deposited by the river system. The highest, driest areas of these bars support drought-resistant grasses and low shrubs, such as the federally threatened Cumberland rosemary. Flood-resistant shrubs, such as the threatened Virginia spiraea, grow in lower areas, where the bars meet the water. The rare plant communities of the alluvial bars depend on natural cycles of flood and drought.
The rare habitats of the alluvial bars, which have become established over tens of thousands of years, are vulnerable to human interferences. Most potentially harmful are actions that change the balance of flood and drought, e.g., upstream impoundments. Pollutants introduced by upstream developments are another palpable threat.

Obed outdoor outfitters opened shop in July at 728 Main Street in Wartburg, just 0.2 miles from the Wild & Scenic River visitor center.  The store carries kayaks, canoes, and paddling supplies, as well as hiking, climbing, and camping equipment & supplies. Soon, they will provide shuttle service. For more details, see ¶7, this NL (Resources).

2. TENNESSEE NEWS

A recent land acquisition will add 4012 acres of the Fern Lake watershed to Cumberland Gap National Historical Park. This watershed, which straddles the TN-KY state line, can easily be viewed from Pinnacle Overlook, one of the park's popular visitor spots. Fern Lake itself is the water supply of Middlesboro, KY. The Trust for Public Lands was instrumental in this land acquisition, which was supported by LWCF (Land & Water Conservation Fund) money.
There is some interesting history back of this happy ending. In the mid-1990s, Apollo Fuels Coal Co. was planning to stripmine the entire watershed, which was, at the time, adjacent to, but outside, the park boundary. The City of Middlesboro, made aware of the threat to its water supply, joined NPCA (National Parks Conservation Association) in filing a Lands Unsuitable for Mining Petition (LUMP) under the 1977 Surface Mining law. The TN petition was granted in 1996, and the KY petition resulted in conditions being imposed that made mining unprofitable. Preservation of the area then became so wildly popular locally that Sen. McConnell (R-KY) and Rep. Hal Rogers (R-KY) introduced legislation to add the area to the park to protect it permanently.
The current land acquisition involves the mountainsides surrounding the lake, but the lake itself and a small area around it are still in the hands of a private owner. Hopefully, further negotiations will result in the acquisition of this remaining property also. We are grateful to NPCA for initiating the chain of events that led to this significant addition to a beautiful park.

Tennessee's Senator Lamar Alexander recently became the lead Republican sponsor of the Appalachia Restoration Act, which would amend the Clean Water Act to prevent the dumping of "excess spoil" from mountaintop mining into streams and rivers. In a letter to a TCWP member, he recently wrote: “Coal is an essential part of our energy future, but it is not necessary to destroy our mountaintops in order to have enough coal to meet our needs. Millions of tourists spend tens of millions of dollars in Tennessee every year to enjoy the natural beauty of our mountains - a beauty that, for me, and I believe for most Tennesseans, makes us proud to live here.”
While this bill does not prohibit mountaintop-removal mining, it should contribute to making it less prevalent, and to limiting some of its damages. The fact that Sen. Alexander is a prominent member of the Senate Committee on Environment and Public Works lends special significance to his bill.

For the past 23 years (except for interruptions – see below), Tennessee has had funding dedicated to the acquisition of lands and waters for their protection. The money came from a small addition to the Real Estate Transfer Tax, most recently $0.08 per $100 of assessed value, each time real estate changed hands. This generally amounted to ~$20 million per year, divided among four Funds, (roughly in the ratio of 4:2:2:2): Wetlands, State Parks Acquisition, Local Parks & Recreation (which requires a 50% match from local governments), and Agricultural Conservation (which helps implement Best Management Practices that prevent stream pollution). Not only is the money available to protect resources identified at the state level to be ecologically or scenically significant, but it can be used as the state match for certain federal Land & Water Conservation Fund projects. Frequently, too, it has leveraged contributions from organizations or philanthropies.
Sadly, all these opportunities and capabilities were lost when the General assembly in 2008 appropriated this designated funding (derived from the small addition to the Real Estate Transfer Tax) for the purpose of balancing Tennessee's general budget. The designated funds are supposed to be reinstated in 2010, but there is the very real danger that they might get targeted once again for balancing the budget. This is the worst time to be unable to protect valuable lands and waters. Tennessee is worse than 43 other states in the rate at which forests and farms are being destroyed (we lose 80,000 acres each year), and we are 50th in environmental spending.

On July 17, Gov. Bredesen announced that Tennessee would receive $77 million in stimulus money for drinking water and clean-water projects disbursed through the State Revolving Fund. This Fund provides low-interest loans to local communities that want to upgrade drinking-water and sewage facilities. Some additional money is available for green infrastructure projects.

The Tennessee Exotic Pest Plant Council, which has been staging invasive plant-removal projects across the state, plans to pursue a Joint Legislative Resolution in the 2010 General Assembly, and is lining up support of legislators. -- The Council has announced its Second Annual Invasive Weed Awareness Week in Tennessee for February 22-26, 2010 (corresponding to the 11th National Week). TCWP plans to sponsor an appropriate event dring this timeframe.

For the past 18 years, the Tennessee office of the US Fish and Wildlife Service was supervised by Lee Barclay, who tirelessly and sensitively worked to protect Tennessee's biological resources. Among his volunteer activities was long-term service to the Alliance for the Cumberlands (NL286 ¶3B). Barclay retired in June, and Mary Janning has taken the leadership of Tennessee's USFWS office. We look forward to working with her.

3. THE CHEROKEE and other NATIONAL FORESTS

Tennessee Wild, an ad hoc coalition of groups, is continuing its efforts to develop public support for legislation that will set aside some of the most special areas of the southern Cherokee National Forest as Wilderness. The coalition is expanding educational activities for members of the public and for the Congressional leaders that represent the area. Additions are proposed for the existing Big Frog, Little Frog, Upper Bald River, and Slickrock/Citico Wildernesses – a total of ~17,800 acres. Currently, only ~10% of the total Cherokee NF are designated Wilderness. Tennessee Wild has recently opened a web site, http://tnwild.org/. A number of outreach efforts are in the works, including Wilderness Designation Ambassadors who visit targeted venues such as Farmers Markets, to garner signatures of support. Training is provided.

The portion of Corridor K currently being assessed is primarily within Polk County, and includes areas along SR 40 (US 64) from west of the Ocoee River to SR 68 near Ducktown. Planning by TDoT (The Tenn. Dept of Transportation) is anticipated to continue through mid-year 2010. TCWP Executive Director Sandra Goss is a member of the Corridor K Citizens Resource Team, a group of stakeholders convened by TDoT (NL284 ¶5C).
A 2008 feasibility study by the Appalachian Regional Commission (ARC) places much emphasis on highway development in Corridor K as a key to economic development. In comments submitted mid-August on the Corridor K proposal, TCWP endorsed the alternative of improving the existing road instead of cutting a new and potentially destructive route through the Cherokee National Forest. This alternative is also the most fiscally prudent one. TCWP's comments took issue with the ARC's view of a modern highway system as the key to economic development. The role of new roads in economic prosperity has been repeatedly called into question in recent years. Other measures, such as assistance for improving educational resources or tourism development, are likely to bring more benefits to the area.

As a presidential candidate, Barack Obama promised to uphold and defend the 2001 Roadless Rule promulgated by the Clinton administration. Two months ago, the Obama administration announced a one-year interim directive barring Forest Supervisors (except those in Idaho) from approving any road construction projects or timber sales in inventoried roadless areas. The personal consent of Agriculture Secretary Vilsack would be required to authorize any such project. This one-year review period was needed to assess the situation, which is complicated by pending lawsuits.
In early August, the Ninth Circuit Court of Appeals, in a unanimous opinion, ruled that the emasculated roadless policy put forth by the Bush administration (leaving designations up to states) was illegal. The court reinstated the original 2001 Roadless Rule throughout the country, except for Alaska's Tongass National Forest (which the Bush Administration, in 2003, exempted from the Rule) and Idaho (which issued a rule, exempting the state's forests -- 16% of the nation's -- from the federal Rule).
Both as a senator and a candidate for the White House, Obama supported the 2001 Roadless Rule. Commenting on the Appeals Court decision, an Administration spokesman said: "The Obama administration supports conservation of roadless areas in our national forests, and this decision today reaffirms the protection of these resources." Another good sign: Sec. Vilsack has promised to join the appeal against Wyoming district-court rulings that threw out the Roadless Rule.
Additional actions by the Administration are needed. Chief among these is encompassing the Tongass National Forest and Idaho's 9.3 million acres of inventoried roadless areas in the protection of the Rule.

4. TVA ISSUES

There are four vacancies on the 9-member TVA Board, including two that had never been filled during the Bush Administration. On September 11, President Obama announced his nominees to fill two of the available slots: Tennesseans Neil McBride and Barbara Haskew.
McBride, who served on the TCWP Board of Directors for 5 years (1990 through 1994), has a long history of active and effective public service and environmental involvement, too extensive to cover fully in this article. In the 1970s, he helped establish he East Tennessee Research Corporation (ETRC), a public-interest law firm that provided legal representation to several local community organizations and to the grassroots environmental group Save Our Cumberland Mountains (SOCM). During that time, also, he founded the TVA Public Participation Project to bring transparency to TVA actions. His work on ETRC was followed by a leadership position in Rural Legal Services (now the Legal Aid Society of Middle Tennessee and the Cumberlands) and by prominent involvement with other foundations and organizations, including the Tennessee Clean Water Network and the Southern Alliance for Clean Energy.
Despite this record of being critical of many of TVA's environmental and energy policies, McBride believes in the purpose of the TVA Act and the mission of the agency. He strongly feels that TVA has an unmet potential to lead in the development of sound regional and national environmental policies and that it can be a national model for effective energy production, conservation, and distribution policies. Barbara Haskew, a distinguished professor of economics at Middle Tennessee State University has served as MTSU vice president and provost, and as dean of the College of Business. She also worked for eight years as manager of TVA's rate staff.
The nominations have to be confirmed by the Senate.

Currently, the Tennessee Valley Authority is engaged in the scoping process for its new Integrated Resource Plan. The next step, the Draft EIS is expected in early 2010. David Reister (Sierra Club) and Stephen Smith (Southern Alliance for Clean Energy) were invited to serve on an external stakeholder advisory group of 15 members representing industry, government, power distribution, and environment. They will provide input on issues, priorities, and objectives to be considered in the EIS process. The pertinent website is www.tva.gov/irp.
In scoping comments submitted mid-August, TCWP urged TVA to give particular emphasis to the natural-resource protection component of its mission and to ensure that this is adequately funded. Timely awareness of environmental risks, and a “fix it now” policy can avoid much greater ultimate costs, as illustrated by the recent coal-ash disaster at Kingston.
With regard to strategies that affect electric power generation, TVA should give particular attention to power conservation, efficiency of use, and demand/time pricing. TVA should work to educate consumers of all kinds (industrial, commercial, residential) about these easy ways to reduce demand.
TVA has stated that the broad goals of the integrated resource policy involve climate-change mitigation, air-quality improvement, water-resource protection and improvement, waste minimization, sustainable land use, and natural resource management. The specifics that emerge in the draft EIS will be of major interest to us.

5. OAK RIDGE RESERVATION

DOE's Final Draft Report concluded that gains from the Black Oak Ridge Conservation Easement (BORCE) on DOE's Oak Ridge Reservation sufficiently compensated for the damages to Watts Bar Reservoir from DOE-generated contamination (mostly PCBs and mercury) (NL286 ¶10A). TCWP submitted comments that take issue with the report's conclusion.
On the one hand, the loss side has been undervalued. One of the largest losses suffered by the citizens of the state results from the public perception of the impaired water quality. The resulting reluctance (or outright refusal) of people on the Cumberland Plateau to use Watts Bar as a water source has been well documented in various water-supply studies for Cumberland County. It is disingenuous to classify this loss as unmeasurable. The Plateau population has rejected Watts Bar as a water source time and again, citing legacy chemicals from the activities of DOE and its predecessor agencies. As a result, the Plateau water-supply issues will probably be solved in more expensive, more environmentally damaging ways.
On the other side of the comparison, the gains have been overstated. DOE's payments to TWRA ($20,500 annually for management of the easement, and $16,000 annually in maintenance and operations services) lack an inflation clause, making it likely that BORCE management and services will become inadequate. Further, DOE retains the right (for reasons of security) to re-claim full ownership of BORCE, to limit access, and to diminish the area's natural qualities through activities such as the widening of roads; all of these rights decrease or abolish the value of the conservation easement. Alternative compensation should be established for such eventualities.

6. TCWP NEWS

The 2009 Nominating Committee presents nominations for the 2010 TCWP Board and Nominating Committee. The list, including short bios), may be found in a brochure enclosed with this Newsletter, and will be voted on at our Oct. 17 Annual Meeting (¶6B, below), where nominations from the floor will also be entertained.

Recently appointed Big South Fork NRRA Superintendent Stennis Young will be the guest speaker at this year's annual meeting, to be held at Big South Fork. The presentation will include updates on the oil- and gas-well capping program and on land acquisition efforts. Additionally, Superintendent Young will introduce the new Obed Unit Manager, and will show a short series of heretofore unseen clips from the National Parks program by Ken Burns, which will be aired on PBS later this month.
Coffee and breakfast snacks will be available at 9:30 a.m., with the program beginning at 10. We'll conclude with a brief business session, followed by a catered lunch. In the early afternoon, a moderate and an easy hike will be offered for those who are interested. Check the brochure enclosed with this Newsletter, or our www.tcwp.org website, for directions to the meeting location, carpooling plans, more information about the hikes, and registration details.
The last time we held our Annual Meeting at the Big South Fork was September 1988. Anyone who still has NL 166 might find it fascinating to read the account of that meeting (¶9).

A workshop on when and how to communicate effectively with one's legislators will be conducted in November, both in Knoxville and in Oak Ridge. The Knoxville workshop is scheduled for Monday, November 16 at 5:30 p.m.; the Oak Ridge workshop will be conducted Tuesday, November 17 in the Social Room at the Oak Ridge Civic Center, starting at 9:30 a.m.
The workshops will be led by Stewart Clifton, lobbyist for Tennessee Conservation Voters, Tennessee League of Women Voters, and other non-profit organizations. They are designed for people with an interest in furthering sound legislation during the 2010 session of the Tennessee General Assemblt. Basic aspects of working with state legislators will be covered.
For more information, call or write Sandra at Sandra@sandrakgoss.com or 865-522-3809, or visit www.tcwp.org.

National Public Lands Day cleanup -- Saturday, September 26
Once again this year we'll observe National Public Lands Day by spending a morning removing invasive exotic plants at the TVA Small Wild Area at Worthington Cemetery on the east side of Oak Ridge. Our annual efforts in this area are helping to eradicate wisteria from the cemetery, and privet and other invasive exotics from the SWA.
The cleanup will begin at 9 a.m. and conclude around noon with a pizza lunch. Participants should wear sturdy shoes and gloves, and bring loppers or shears if possible. Tools will also be available at the worksite.
Oak Ridge Cedar Barren cleanup -- Saturday, November 7
The Oak Ridge Cedar Barren will again be the site of exotic invasive plant removal as we conduct our fall cleanup. 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, leatherleaf ligustrum (Japanese privet), autumn olive, mimosa, Nepal grass, multiflora rose, and woody plants that threaten the system¹s prairie grasses. Our efforts 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.
TCWP Holiday Party – Thursday, December 10
Save the date! Jenny Freeman and Bill Allen will once again open their lovely home to TCWP members and friends to celebrate the holidays. This annual affair has become the highlight of many holiday calendars. Look for more details in the next newsletter.
Sandhill Crane Outing - Hiwassee Wildlife Refuge – Saturday, December 12
The Hiwassee Refuge is a favorite spot each fall for more than 50,000 migrating sandhill cranes that make the Refuge their stop on the way from nesting grounds in the north to wintering spots in Florida and Georgia. We're planning a trip to the viewing site in hopes of getting some magnificent views of these large and beautiful birds. Watch for details in the November 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.

Jean Bangham, Carol Grametbauer, Frank Hensley, Charlie Klabunde, and Dick Raridon helped with newsletter folding and stuffing. Carol Grametbauer got news of TCWP activities into Cumberland News, the monthly electronic newsletter of the Alliance for the Cumberlands. Steve and Annie Scarborough provided a warm welcome and gracious hospitality for the August Whites Creek outing, as did Mary Lynn Dobson. Thanks and thanks to outing organizer and leader Larry Pounds, who provided his customary botany lesson. Finally, a salute to Jimmy Groton, Cindy Kendrick, Charlie Klabunde, Pat Mulholland, and Lee Russell for collaborating on a very well written TCWP comment on TMDL limits for the Big South Fork watershed (¶1C, this NL)
. And many thanks to Hal Smith, who provided his laptop so Lee Russell could write part of this Newsletter in the hospital (not sick; only under observation for new medication, and receiving a pacemaker).

Bettie Levy, Ph.D. (Classics), a great lover of mountains and forests, was for decades a steadfast supporter of TCWP's goals and actions. Only a few years ago, her financial support helped us develop the new signs for the 11 accesses to Oak Ridge's long North Ridge Trail, which was developed and is being maintained by TCWP. She died in June at the age of 92.
Marion Oates, who died in July at 72, helped TCWP in its early days to set up membership records (she worked as data processor for the City of Oak Ridge). As active member, she took a special interest in our efforts on behalf of the Smokies. Recently, Marion donated a conservation easement on her 510-acre property on Bluff Mountain in Sevier County to the Foothills Land Conservancy for perpetual protection.
Charlie Mead, Ph.D., retired from his job as biochemist at ORNL'S Biology Division, moved to Watts Bar Lake south of Rockwood, and became a woodworker, heavily involved in the craft-show business. Charlie often alerted us to inappropriate proposals involving lands around the Whites Creek embayment of Watts Bar Reservoir. He died in June at 76.

Don't forget the Brewers' Jam, coming up Saturday, October 24 from 1:00—7:00 at the World's Fair Park. Tickets can be purchased online at www.KnoxvilleBrewersjam.com. General admission is $37.00 and designated driver's admission fee is $15.00. There will be no tickets at the gate. Last year's Brewers' Jam sold out two weeks before the event, so purchase your tickets now

Program by Pat Parr, ORNL Natural Resources Manager – Thursday, July 30
About 20 people came to hear Pat Parr speak about some of the special natural resources of the Department of Energy's Oak Ridge Reservation, the 35,000 acres of farmlands and forest acquired by the federal government more than 60 years ago for the Manhattan Project. Pat described what's being done to manage the ORR's resources, and why the community should be proud of them.
TCWP/Tennessee Native Plant Society Whites Creek outing – Saturday, August 22
A group of 21 TCWP and TNPS members enjoyed beautiful late-summer weather for this outing to see cobble bar plant species along Whites Creek, followed by a visit to a nearby cedar glade. At Whites Creek, we looked at a ground-cover-forming goldenrod that doesn't seem to fit well with any described species. We saw three Liatris species: small-headed blazing star on the cobble bar, and both rough blazing star and scaly blazing star at the cedar glade. Also at the cedar glade, we saw prairie goldenrod (Solidago ptarmicoides), which looks like an aster and is quite rare in Tennessee.

7. CALENDAR; RESOURCES

• Sept. 20, deadline for comments to OSM about proposed coal-ash dump in the Obed watershed (see back page).
• Sept. 18-20, 3rd Annual Tennessee Watershed Summit at Storybook Farm near Normandy, Bedford County. Visit info@tennesseewatersheds.org.
• September 26, National Public Lands Day cleanup, 9 a.m., Worthington Cemetery (see ¶6D, this NL).
• October 17, TCWP Annual Meeting, 10 a.m., Big South Fork (see ¶6B, this NL).
• November 7, Oak Ridge Cedar Barren cleanup, 9 a.m. (see ¶6D, this NL).
• Nov. 12, Foothills Land Conservancy's Fall Conservation Celebration, Dancing Bear Lodge, Townsend. Visit www.foothillsland.org.
• November 16, “Communicating with Your Legislators” workshop, Knoxville (see ¶6C, this NL).
• November 17, “Communicating with Your Legislators” workshop, Social Room, Oak Ridge Civic Center (see ¶6C, this NL).
• Nov. 17-19, SAMAB Fall Conference on how climate change will affect our region. Crown Plaza Resort, Asheville, NC. Visit www.samab.org.
• December 10, TCWP holiday party, home of Jenny Freeman and Bill Allen, Oak Ridge (see ¶6D, this NL).
• December 12, Sandhill Crane Outing – Hiwassee Wildlife Refuge (see ¶6D, this NL).

• Repower Tennessee is opening an office in Nashville (1700 Hayes Street, Nashville 37203) with Field Organizers Christian Lund and Eric Jones. They need volunteers to build local support for a clean energy economy in Tennessee. Learn more at http://www.repoweramerica.org/page/s/volunteer.
• New Obed Outfitters in Wartburg (see ¶1F, this NL) are open daily, except Sundays and Mondays. Their hours are: T-F, 10-6; Saturday, 9-7, with open times to be adjusted according to paddling season. Phone, 423-319-7224; e-mail, bud@obedoutfitters.com. In addition to paddling-, hiking-, and climbing-related products, they will provide shuttle services and secure parking while you're on the river.