Watershed Update, Winter 2004

Scores of earth-moving machines are tearing down a big hill on the east side of Clayton’s highway 441 to be used as “fill” on the west side, in Stekoa Creek’s flood plain.

STEKOA CREEK GETS DUMPED ON—AGAIN

In case anyone missed the pictures coming from the Mars “Spirit” rover, take a trip down highway 441 south of Clayton, Georgia to the new Duvall/Home Depot site. This unearthly scene is being created by scores of earth-moving machines, which are essentially tearing down a big hill on the east side of the highway to be used as “fill” on the west side, in Stekoa Creek’s flood plain. Stekoa is a major tributary to the Chattooga River, and it is on the Environmental Protection Agency’s list of impaired waters. The federal Clean Water Act mandated that Georgia must have a plan to clean up impaired streams, and Stekoa was listed as being impaired from the effects of excessive amounts of both sediment and fecal coliform. But a recent Total Maximum Daily Load (TMDL) “implementation plan” that is supposed to reduce the creek’s sediment load by 70% is being used by the state to argue that Stekoa Creek will soon be “un-impaired.” Consequently, the Georgia Environmental Protection Division has decided to give the go ahead to large ground disturbing activities around Stekoa Creek. These TMDL implementation plans are with almost no substance, and certainly offer no assurance that the intent of the Clean Water Act is being met. The sad reality is that Stekoa Creek is in worse shape than ever, and tremendous amounts of sediment have been dumped in the creek just in the past couple of years. A lawsuit is sure to follow.

NEW NATIONAL FOREST PLANS SOON TO BE RELEASED

The new Forest Plans for the Chattooga watershed’s Chattahoochee and Sumter National Forests will be released for public consumption soon. We anticipate these forest plans will be unchanged from the drafts, which emphasize logging, road construction and commercial development—including mineral extraction, oil and gas drilling—instead of watershed and forest protection. In the Sumter National Forest, timber-cutting quotas would be doubled, and increased in the Chattahoochee National Forest as well. The Forest Service appears poised to ignore overwhelming public input for more protection of water quality, old growth trees, roadless areas, recreation opportunities, and forest ecosystems. Why? The present political climate that’s being fueled by aggressive Bush Administration policies is the reason. What can you do? Plenty. Go on the record against the problems with the new Forest Plans (contact the Conservancy office for guidance, if needed). Participate in public land issues, and “hold the line” for protection of our irreplaceable resources housed there. Be active in your community for any number of environmental causes. Support and engage in “green” commerce. Vote for politicians who are sincere in their support for environmental protections. We have a long way to go…so don’t give up.

LATEST POWERLINE BUZZ

Final arguments in Chattooga Conservancy v. the U. S. Forest Service were heard on December 22, 2003, by Judge William O’Kelly in Federal Court in Gainesville, Georgia. Larry Sanders from the Turner Environmental Law Clinic at Emory University was the lead attorney for the Conservancy, Georgia Forest Watch, the Sierra Club and several individuals from Rabun County (plaintiffs in the case). Sanders argued that the Forest Service had not met the requirements of the National Environmental Policy Act, which clearly directs the Forest Service to examine all reasonable alternatives to a power line planned by Georgia Transmission Corporation that would cross 8 miles of the Chattahoochee National Forest in north Georgia, including old growth forest and a multitude of trout streams. Sanders argued effectively that there were other less intrusive options such as an electrical distribution system upgrade, which would meet the electric needs of the community without crossing sensitive Forest Service lands. Co-counsel in the case with Sanders were Bob Denham from Powell, Goldstein, Frazer & Murphy LLP, and Steve Novak from Wildlaw. Judge O’Kelly has scheduled his ruling for late January/early February; his decision will put to rest a 3-year campaign by the Conservancy.

Meanwhile, there is work in progress in the 2004 Georgia General Assembly to quash citizens’ opposition to the power companies totally unbridled right of eminent domain. The burgeoning grassroots movement to reign in utilities arguably started in Rabun County with the case cited above, and continues to grow (an umbrella group is known as HOPE of Georgia) as more and more citizens fight property condemnation and intrusive power line projects. The new General Assembly bill is HB 373, and it would offer no relief to citizens seeking due protection of their property rights, and meaningful oversight of power companies. We urge Georgia residents to contact their statehouse senators and representatives and ask them to vote in opposition to HB 373.

WILDERNESS VALUES MAY BE STEAMROLLED

The South Carolina stretch of the Burrell’s Ford road is slated for paving, according to recent paperwork from the Forest Service’s Andrew Pickens Ranger District. But wait: wouldn’t paving this road contradict the Forest Service’s responsibility under the Wild & Scenic Rivers Act to preserve and protect the wilderness values that brought the Chattooga its Wild & Scenic status back in 1974? Readers may know the Burrell’s Ford road, a 10-mile long gravel thoroughfare that crosses the Chattooga River in the heart of the watershed, in between the Ellicott Rock Wilderness Area and the Rock Gorge Roadless Area. Some might even know that back when the Chattooga was evaluated for Wild & Scenic eligibility, the study group recommended that the Burrell’s Ford road be closed to preserve the wildness of the area, and the bridge crossing over the Chattooga removed. Now, institutional amnesia is rife within the Forest Service and with mounting pressures to develop wild areas, the Burrell’s Ford paving proposal has been approved by Forest Service decision-makers in SC, with the dubious justification being erosion control. Meanwhile, the Tallulah Ranger District is also considering a paving project for the Georgia portion of the road. It’s easy to predict that replacing gravel with smooth blacktop for the entire length of this winding, isolated road would then draw a multitude of cars, dirt bikes and motorcycles speeding through the area, with the noise—especially from motorcycles—reverberating far and wide. Clearly, the quiet solitude of this unique area, which encompasses portions of the Chattooga River, the Ellicott Rock Wilderness Area and the Rock Gorge Roadless Area, would be harmed. In partnership with the Southern Environmental Law Center and SC Forest Watch, the Chattooga Conservancy is filing an appeal against the Burrell’s Ford Road paving decision in SC.

GEORGIA WATER RIGHTS

The expected showdown over water issues in the 2004 Georgia General Assembly may be defused by a new, low-key bill that could place the whole controversy in the hands of the Department of Natural Resources. Last year’s heated statehouse battles were over pivotal issues such as the buying and selling of water withdrawal permits. Now, Governor Perdue and key state legislators have crafted an uncontentious bill to launch Georgia’s first statewide water management plan, and estimates are that the plan could be in the works for three years. Specific water policies such as the buying and selling of water rights and intra-basin water transfers are expected to be the subject of future legislation.

HORSE TRAIL SPECIALIST TO TEACH CLINIC

The Chattooga Conservancy is hosting a horse trail clinic on February 21st at 9:30am at our office. The instructor will be Mike Ritter, horse trail specialist with Gainesville College and the Georgia Department of Natural Resources. The session will cover the latest advances in trail design, construction and maintenance. Participants will learn how to avoid erosion, user conflicts, and impact problems through proper trail design. The session will give participants a good working knowledge of what causes trails to erode through water and soil relationships. The focus of the class is to teach long-term sustainability and ease of maintenance on horse trails. The one-day clinic will consist of class room time with a power point presentation, and a half-day of field work to emphasize the hands on practicality of what was discussed in the class room. For more information and to sign up, please contact the Chattooga Conservancy office at 706-782-6097.