Watershed Update, Spring 2004

DOWN TO THE WIRE

On March 4th, Federal Judge William O’ Kelly in Gainesville, Georgia ruled in favor of the Forest Service in a lawsuit brought by the Chattooga Conservancy, Georgia Forest Watch and the Sierra Club in their attempt to stop the 115 kilovolt transmission power line proposed by Georgia Transmission Corporation (GTC) that would cross seven miles of the Chattahoochee National Forest. The North Lake Burton Transmission Line would cross 22 streams and descend to a substation on scenic Highway 76 across one of north Georgia’s most significant northern hardwood forests including old growth sugar maple, buckeye, beech and basswood.

Conservancy attorneys argued that the Forest Service had “rubberstamped” an Environmental Assessment conducted by GTC that determined that the power line was the only viable alternative to meet the needs of the North Lake Burton Area and that the effects on federal land concerning wildlife, forest habitat and scenic quality would be insignificant.

The Chattooga Conservancy had earlier presented clear testimony by prominent electrical design engineer, Dr. Robert Broadwater from Virginia Polytechnic Institute that a less benign upgrade of existing distribution power lines would easily meet the electrical needs of the community. Our lawyers also pointed out strong concerns that Georgia Department of Natural Resources fisheries biologists were very concerned about the possible “significant” effects on sensitive mountain streams as a result of line construction. Arguments were also made that the North Lake Burton Area in Rabun County would also be negatively affected by the construction of a costly transmission line that would supply ten times the electric power needed by the community.

The judge ruled that the Forest Service could not be expected to second guess GTC engineers concerning matters outside their area of expertise. He also accepted the determination by GTC’s contracted Environmental Assessment that there would be insignificant effects from the power line. The judge also dismissed the claims of negative effects to the community by the excessive size of the power line because the area was destined for development with or without the power line.

The Chattooga Conservancy believes strongly that the judge erred in his ruling in that he failed to consider that the Forest Service should have obtained, and clearly had at its disposal, a second opinion about the possible alternative to the GTC transmission line. We also feel that while the Forest Service may not be engineers they certainly should have looked closely at concerns raised by independent analyses by state biologists and concerned conservation organizations. We also reject the conclusion by Judge O’Kelly that excessive development is inevitable considering Rabun County’s current development of a Comprehensive Land Use Plan. Consequently we are urging our attorneys to appeal.

These photos of the Home Depot site were taken from the same perspective. Both were taken after heavy rains. In the more recent picture at the bottom, the stream is out of its banks and is merging with fill dirt.

SOMETHING’S FISHY AT STEKOA CREEK

The new Home Depot site on Highway 441 just outside of Clayton looks more and more like a desert every day. The landowner, Jeff Duvall, has been moving thousands of tons of dirt from one side of 441 to fill in the flood plain on the other side. The controversial site plan was approved the Army Corps of Engineers and the Natural Resources Conservation Service (NRCS). Prior to developing the Home Depot site plan, Duvall implemented a “demonstration stream bank restoration project,” which consisted mainly of reshaping and seeding the banks of the creek that runs through the development site. According to the NRCS, the stream modification mitigates the effects of runoff due to flooding, but it doesn’t take a scientist to see the flood plain fills up with Georgia red clay soup during hard rains. Though the flood plain is zoned for agricultural use, it is rumored that Duvall plans to use the space for his car dealership.

The silted stream that runs through the development is a tributary to Stekoa Creek, one of the most impaired streams in the Chattooga River watershed.. Although the Environmental Protection Agency (EPA) has Stekoa Creek listed as impaired by sedimentation, the Georgia Environmental Protection Division (EPD) doesn’t even have a “sedimentation” classification. In other words, there is not a stream in Georgia that is tested by the EPD for sediment levels. They do, however, have a “biota” classification, which means they monitor the presence of macro invertebrates. Monitoring macro invertebrates is an effective method for determining water quality, but it doesn’t necessarily reveal the cause of impairment. It’s like testing for symptoms that are common to a myriad of diseases. The EPD has Stekoa Creek listed for biota. They know something’s not right, but they won’t say what. To ignore sediment levels is a clear violation of the Clean Water Act. It’s the EPA’s responsibility to enforce state agency compliance, but so far they’ve dropped the ball.

BURRELL’S FORD ROAD PAVING DELAYED

Plans to pave Burrell’s Ford Road in South Carolina from Highway 107 to the Chattooga River are being re-evaluated by the Forest Service. Mike Crane, Andrew Pickens District Ranger, announced in February that changes are needed to the Environmental Assessment (EA) that served as the basis for the decision to pave the entire length of the road. Parking was not addressed in the EA, and there were no rules prohibiting certain kinds of vehicles, such as large motor homes.

The Environmental Assessment will be revised and made available for another 30 day comment period in April. Crane said that if the money is available, paving could begin in fall. Estimates to pave the length of the road in South Carolina and the campground parking lot are between $900,000 and $1 million. The road continues in Georgia after crossing the Chattooga, and connects with Highway 28. Georgia plans to pave their side of the road also, but an Environmental Assessment has not been released yet.

The Chattooga Conservancy and South Carolina Forest Watch both appealed the plans to pave Burrell’s Ford Road. The erosion problems that are affecting King Creek and other riparian areas can be solved by spot paving. Paving the entire road would greatly increase the traffic on Burrell’s Ford, turning a sensitive area into a thoroughfare. Spot paving would cost considerably less and would adequately solve the current erosion problems.

FOREST SERVICE TO ADDRESS OFF-ROAD VEHICLE PROBLEM

The U.S. Forest Service announced plans to rewrite regulations governing the use of dirt bikes, ATVs and other off-road vehicles on National Forests and Grasslands. Failure to effectively manage off-road vehicle use has caused serious problems in the National Forests. Erosion, damage to streams and wetlands, impact on wildlife habitats are all results of unmanaged off-road vehicle traffic. Thousands of miles of illegal trails spread out across most of our National Forests. Forest Service Chief Dale Bosworth calls unmanaged recreation, particularly off-road vehicle use, one of the great threats to the long term health of our National Forests.

Current regulations are not consistently enforced, due in part to an inadequate number of Forest Service law enforcement officers. The average enforcement ranger is responsible for over 461,000 acres. Off-road vehicle regulations are not strong enough or consistent from forest to forest.

In our local forests, off-road vehicle misuse has become an alarming problem. While there are 133 miles of legal trails for off-road vehicles to use in the Oconee and Chattahoochee National Forests, there are over 550 miles of illegal trails, including some in designated wilderness areas. The estimate to close, repair and revegetate those trails is $1 million.

Watch for upcoming Forest Service regulations regarding off-road vehicle use. This is an excellent opportunity to write to your local Forest Service office in support of tightening these rules. If you see signs of illegal activity in the National Forest, please report it.

LAND & WATER CONSERVATION FUND THREATENED AGAIN

The Land and Water Conservation Fund (LWCF) was enacted in 1964, and has been our nation’s principal source of funding for acquiring new recreation lands and critical habitats. The fund has always enjoyed widespread popular support, and while annual federal appropriations for the LWCF have fluctuated widely over the years (with a recent major reduction of 34% for FY 2004), the fund’s basic purpose has never been altered.

Enter HR 1517, the “Land Reinvestment Act,” introduced by Representative Sam Graves (R-MO) during the 108th Congress. The proposed legislation would radically amend the LWCF, striking “acquisition” from the Act and restricting the fund’s uses for maintenance needs only on public lands. Acquiring land to conserve habitats as well as meet our country’s huge and still growing demand for public recreation opportunities would no longer be allowed. Representative Graves just testified before the House Resources Subcommittee on National Parks, Recreation, Parks and Public Lands, and doubtless will be working to advance his misguided legislation during 2004. Please contact your legislator and express strong support for preserving the LWCF in its present capacity.