Fayetteville Tennessee polluting the Elk River

Letter to Elk Valley Times 10/25/2010

2011-11-22T15:30:00.000-08:00

Dear Lucy,

TDEC does not use the word violations in the Sept 24 letter to Mike Rozar. Instead it says things like this: “The following observations, comments, and recommendations are offered for your consideration.” TDEC should go ahead and call it what it is, violations. They have a mountain of information in Columbia. A mountain of paper! While their documentation is amazing, it seems to no avail. There seems to be almost no consequence, no matter what.

To me, these look like violations. Call it a deviation from the suggested guidelines if you must…

1. Item 3a of the letter to Mr. Rozar says that “the bio solids are not to be applied if the site is flooded, frozen, or during a precipitation event.” Then it goes on to say that there are numerous areas of “severe rutting”. (These are easily seen on Google Earth or Google maps.) In addition, an early document about the suitability of the site makes the conclusion that “sludge spreading on this site will be limited to dry months due to poor drainage typical of river bottom land.” Are the three foot deep ruts not evidence of violation?

2. The letter dated Sept 24 does say in item 7 that “there were no sinkholes noted in our visit.” That is a glaring mistake. Chad Augustin, the biologist from from Water Pollution Control at the Columbia Field Office, sent Mr. Odette a 7 page report nine days earlier, on Sept 13, 2010. In the communication he attached pictures of the site and clearly labeled the sinkholes. Another document, dated January 6, 1997, states that the property has approximately six sink holes. A third letter dated January 27, 1997, which is a notice of violation sent to John Holcomb, the then manager of Water and Sewer, stated that “It appeared that the required setbacks from the property boundaries, the Elk River, the sink holes, and the public road had been observed.”

3. Item 13 in the letter to Mr. Rozar says that FPU should update the site map to show all the buffers mentioned above. I do not know that FPU has ever created a map showing the buffers. According to Mr. Augustin, “the buffer zone for spreading bio solids is not in any STP’s permit.” That is a violation.

4. Item 6 in the letter to Mr. Rozar says that bio solids may not be applied within 1000 feet of a place of assembly. The soccer families and players have been well within 1000 feet of the dumping, as has the doctor’s office, for years. That is a violation.

5. The site had underground tile pipes that discharged into a tributary. FPU has been removing the pipe this week because of the letter. Why would they be going to all of that expense if this were not a violation?

6. Why is FPU having to hire a geologist to establish the exact location of the wetlands on the property? Because nobody ever made them do it before. Go figure.

600 signatures on our petition

2011-07-29T08:13:00.001-07:00

Nov 25, Paulette McMahan, TN
I cant believe that this is happening HERE! FPU should be ashamed!

Nov 23, David McMurray, WI
I have all the confidence that this property can be transformed into an area for which your community will be proud!

Nov 22, Lance Bowers, TN
PLEASE Do Not close this trail.

Nov 22, Cole Beddingfield, TN
I am a Boy Scout and we have worked hard to make this a wonderful area for children and families to keep fit and enjoy nature.

# 64709:03, Nov 22, Cody Keele, TN

# 64608:06, Nov 22, Donna Millican, TN

# 6457:59, Nov 22, jim hamlett, TN

# 644 07:59, Nov 22, Patsy Gilliam, TN
Let's keep it going. Thanks to Kevin Freeman who volunteered to work so hard on this project. Please join me in seeing that his hard work isn't in vain. Fayetteville needs more concerned citizens and more outlets like the walking and biking trails for the public's use.

# 64306:45, Nov 22, John Fritts, GA

# 64206:20, Nov 22, Janis Williams, AL
I lived in Mulberry for 28 years, taught at LCHS for 20 years, reared my sons there, and love everything about Lincoln County. One missed opportunity years ago was to join the Conservancy for Rails and Trails. Please, don’t miss another opportunity. Please, recognize the value of green space and exercise areas, ecological balance and quality of life which these trails would support.

# 641 06:20, Nov 22, Merrill Meadows, TN

# 64006:18, Nov 22, Judy Reed, TN

# 639 06:17, Nov 22, jean hewitt, TN

# 638 05:39, Nov 22, Linda Williams, TN
I have personally used these trails and they are a wonderful asset to Fayettevillians. The area needs to be cleaned up.

Nov 21, Alison Callahan, AL
Kudos to Kevin Freeman and his band of volunteers in preserving greenspace at Don Davidson Park. One would think that an alternate site for sludge dumping could be found that would be better suited and allow the public to enjoy the beauty of the Elk River and the surrounding landscape.

# 62608:07, Nov 21, Nancy Glass, TN
Let's keep a good thing going and keep adding to it!

# 62506:27, Nov 21, James Koskey, TN

# 62305:07, Nov 21, Joseph Queen, TN

# 62219:25, Nov 20, Kurt Page, TN

# 62119:14, Nov 20, Thomas Clevenger, TN

# 61918:25, Nov 20, John Taylor, TN
The most appropriate action is to clean up the site and open it to the public.

Nov 19, Alpha Stone, UT
Utah has a lot of trails and outdoor recreation. It draws many visitors from all over the world. Helps the economy of the entire state.

# 606 19:49, Nov 19, Todd Thuss, TN
Nobody is eating the dirt, just hiking on it. Use some common sense, guys. We all need these trails.

# 601 12:14, Nov 19, Shoman Wright, TN
I understand both side of this issue! It appears that FPU has not broken any laws, but does it have a conscience when it comes to the health of the Elk River and the message that it would be sending to the "Troubled Youth" that worked so hard and learned so much, by creating the park, this past Summer?!?!?!?

Nov 17, Rebecca Holbrook, TN
Step up and lead the way to a cleaner aproach to waste management!

# 561 10:39, Nov 17, Jennifer Taylor, TN
I run on this trail and it is SAD it is closing down. It is Beautiful and my kids worked on the trail too. A LOT OF HARD WORK!!!!

Bill Newman, TN
The former mayor's country home sits in the middle of the previously used site for the same purpose that the land around the trail was used for.Am I missing something?

# 52317:10, Nov 16, jeanne self, TN

# 520 15:56, Nov 16, Name not displayed, TN
Surely sludge should not be dumped in a flood plain!

Nov 16, Richard Walker, TN
Don't mess up the path do the river

# 505 11:54, Nov 16, Celeste Deutsch, TN
It's not rocket science, if you have nice places for people to use, people will come to use them! It's a win/win for everyone.

Nov 15, MICHAEL GULLEY, TN
FAYETTEVILLE HAS A HARD ENOUGH TIME ATTRACTING PEOPLE SO WE NEED ALL THE ATTRACTIONS WE CAN GET.

08:14, Nov 15, Katie Jenkins, TN
These trails are the only nice public place in the city of Fayetteville to walk, run, and take my dog. It is a shame that the full length of them cannot be enjoyed because of this dumping!

# 105 07:07, Nov 15, Keith Killebrew, TN
It is time to stop the madness and do the right thing for this limited and seemingly shrinking vital resource. Fayetteville-Lincoln County needs this and more greenspaces. It astounds me what businesses and taxpaying citizens are thinking.

# 104 06:57, Nov 15, Monica Harthun, TN
Looks like the "foot dragging" is being done. We want these trails reopened NOW! Its time for a Progressive Lincoln COunty,Tn

Nov 15, Emily Fannon, TN
It must stop...the dumping, the trail must be re-opened, let your voice be heard...stand up for what is right our children and our future depend on it...don't let the big boys dictate our environment, demand to be heard!

# 99 06:42, Nov 15, Melissa McGee, TN
These trails are important to alot of youth here in Lincoln County! Everyone enjoys the races put on at the trails. Re-open our trails, please!!!!!

06:27, Nov 15, Anita Lawson, TN
we need to do whatever it takes to protect our natural resourses that we have been so blessed with, and keep them for the enjoyment of all of Fayetteville, and Lincoln County

16:40, Nov 14, Bonnie Breckenridge, CA
It's past time to pay attention to our environment and make industries and governments responsible for toxic waste. Please clean up the site and put it to good use for recreation.

, Nov 14, Kathy Shook Brown, TN
This trail should be enjoyed today, tomorrow and by future generations.

# 41

10:48, Nov 14, Susie Compton, TN
Fayetteville is located in such a beautiful area, and this could be such a great project....it's hard to understand why this shouldn't be done!

# 36

08:50, Nov 14, Tina Freeman, TN
Folks this is an amazing trail system which weaves in and out of the treeline running along beside the beautiful Elk River! Where else in Fayetteville/Lincoln County can you go on public property to hike, bike, or walk and be this close to the river (which feels like it's miles away from the city when in fact it's not)? In this day and age many more people are concerned about health and wellness..... these trails are an amazing escape to satisfy both physical exercise as well as mental (stress relief). Please tell everyone you know about our trails and help us reopen them!

21:27, Nov 13, Arden Humphrey, TN
Please do consider re-opening the trails. Surely an arrangement can be made with FPU to clean up the area from the past sludge dumping. The presence and use of these trails show that Fayetteville-Lincoln County is a place that cares about recreation for families.

15:27, Nov 13, cynthia plunkett, TN

# 29

14:21, Nov 13, Linda Gentle, TN

# 28

12:39, Nov 13, Pat Hallum, TN

# 26

10:10, Nov 13, Elsie West, TN

# 25

10:02, Nov 13, Julie Pilzer, TN

# 24

06:35, Nov 13, Sam Gates, TN
From part of the statement Mrs Ralston was allowwed to read by lameduck Shelton at the last Board meetingon the 9th, it appears Mrs Ralston has science in her corner with evidence to stand on. It is real easy for FPU's Dye to ignore the problem, which seems to be used all to offen in Fayetteville and Lincoln county.

# 23

06:24, Nov 13, Patricia Brown, TN
After what we Americans have learned over the past 40 years about toxic environments, how can this be? Many volunteers put in long hours to make this dream of safe, beautiful trails possible.

# 22

05:49, Nov 13, Rachel M. Harwell, TN

# 21

19:30, Nov 12, Toni Locke, TN
Many river communities have made beautiful scenic parks near their rivers. That FPU uses city-owned riverfront property for a sludge dump is criminal. Four of my grandchildren now live in Fayetteville. I hope the new nature trails are safe for them before they have children of their own!

# 20

16:57, Nov 12, Jack Bice, AL

# 19

16:52, Nov 12, Holly Jenkins, GA
Since I have been attending Berry College running has been an important part of my university life; however, when I would come home there were few trails or places to run. After much hard work and dedication, the trails were opened and provided a scenic place to continue running when I came home. Please, do not let this valuable property and its potential benefits go to waste simply because of past mistakes! It isn't too late to take action and create change!

# 18

15:22, Nov 12, Jessi Higginbotham, TN
Proper waste management should be a priority of all cities, counties, and towns in this country. This is not just about the environment it is about our health and safety.

# 1715:03, Nov 12, Todd Jenkins, TN
I believe that FPU, the city of Fayetteville, and all its citizens would best be served by a comprehensive look at waste management that considers, not just financial costs, but environmental impact and other considerations as well.

# 1514:11, Nov 12, Teresa Brown, TN
My kids played ball in the Don Davidson Park. Many times I drive by and see flood water all the way to the highway. The sludge does not just stay in the place it is sprayed. Why close the trails if the sludge is so safe?

07:50, Nov 12, Linda Holland, TN
Volunteers have been gracious enough to give their time and money to this cause. If FPU can find a place to "dump sludge" that is appropriate, why not!

# 4

07:31, Nov 12, Cindy Howell, TN
Having a child who spent 21 days in Vanderbilt Children's Hospital 2 years ago and suffering ill effects of E-Coli that resulted in HUS and kidney failure, I have to stand behind anyone willing to fight to make our environment safe. Surely there is a better place for such dumping of sludge. I have walked the trails in the past and it was a very rewarding way to experience God's creation.

Trails for Kids Closed

2011-01-30T11:18:00.000-08:00

Trails for Kids Closed

2011-01-24T20:25:00.000-08:00

Thanks to those of you who showed up at the recreation board meeting, the recreation board said they could do nothing since FPU leases the property, funny only a year ago they voted unanimously to build these trails and FPU leased the same property then, now the trails are finished and the recreation board doesn't want them reopened. Looks like our community will have to travel to Winchester, Lewisburg, Tullahoma, and Huntsville to enjoy nature or hike on a greenway.

A Grandmother plea

2010-12-30T10:53:00.000-08:00

I guess I am a little shocked that it took so many years for the City of
Fayetteville to think about the possible health hazard that may be caused by
FPU continuing to use the BioSolid field. Everyone knows it is in a flood
plain and the area floods every year spreading all the pollutants into the
river and over the adjacent ball fields. The ball fields have been in use
for many years by many families and the addition of the bike and walking
trails and other attractions next to the river were a wonderful addition. I
know this poses a problem for the city, but I truly believe the BioSolid
field should not be in a flood plain and poses a health hazard to the
community. Why would the Trails for Kids be in danger more than the ball
fields? If you leave the ball fields open, please leave the Trails for Kids
open as well.

A Grandmother who has seen this 120acre wetland polluted for 20+ years!

TDEC denies permit for sludge field, City closes 4 miles of Trails for Kids anyway!

2010-12-28T11:03:00.000-08:00

TDEC denied Fayetteville Public Utilities their permit to apply sludge December 13 in a letter and e-mail, still the next day the City of Fayetteville and FPU acted prematurely and closed the Elk River Trail and Blue Bird Trail, 4 miles of trails built by volunteers and approved by the city of Fayetteville and FPU in October 2009. Why the Alderman couldn't wait to hear what TDEC would decide is obvious. FPU runs the city of Fayetteville, telling FPU NO has never been an option, thank God TDEC did! The City did not close these trails, FPU did, to hide what they have done and would have continued to do if not for TDEC finally closing the sludge field.

Boulder Darter, American Bittern, Mussels, snails, Bats

2010-12-12T08:56:00.000-08:00

The most wide-ranging environmental law in the United States, the Endangered Species Act (ESA) was instituted in 1973 to "protect imperiled species from extinction as a consequence of economic growth and development and inadequate conservation." Wetlands and Floodplains are home to endangered species, why would any reasonable person want to pollute these treasured resources?

Endangered Species

2010-12-07T04:26:00.000-08:00

All of these species are endanged and live on or near the 120 acre sludge field! Caves along the river are homes to these bats, there are caves within 1/4 mile of this property. The Boulder darter range is from Fayetteville to Alabama on the Elk River.

Lincoln County

Gray bat - Myotis grisescens (E)
Indiana bat - Myotis sodalis (E)
Boulder darter - Etheostoma wapiti (E)
Shiny pigtoe - Fusconaia edgariana (=Fusconaia cor)(E)
Fine-rayed pigtoe - Fusconaia cuneolus (E)
Tuberculed-blossom pearly mussel - Epioblasma torulosa torulosa (E)(h)
Cumberland monkeyface pearly mussel - Quadrula intermedia (E)
Birdwing pearly mussel - Conradilla caelata (=Lemiox rimosus) (E)
Yellow-blossom pearly mussel - Epioblasma florentina florentina (E)(h)
Cracking pearly mussel - Hemistena lata (E)
Slabside pearly mussel - Lexingtonia dolabelloides (C)
Tan riffleshell - Epioblasma walkeri (E)(h)
Slackwater darter - Etheostoma boschungi (T)
Turgid blossom pearly mussel - Epioblasma turgidula (E)(h)

be the Change

Fayetteville Sludge Invades Nature Trail

2010-12-03T17:08:00.000-08:00

Fayetteville Sludge Invades Nature Trail

Biosolids regulations should at least be

2010-12-03T10:51:00.000-08:00

The Clean Water Act required that this regulation protect public health and the environment from any reasonably anticipated adverse effects of pollutants and pathogens in biosolids.

Federal regulations require that state regulations be at least as stringent as the Part 503 Rule. The underlying premise of both the federal and state regulations is that biosolids should be used in a manner that limits risks to human health and the environment.

Land application of biosolids involves some risks, which are addressed through federal and state regulatory programs. Pollutants and pathogens are added to soil with organic matter and nutrients. Human and animal health, soil quality, plant growth, and water quality could be adversely affected if land application is not conducted in an agronomically and environmentally sound manner.

Site suitability

Federal, state, and local regulations, ordinances or guidelines place limits on land application based on site physical characteristics that influence land application management practices. These include topography; soil permeability, infiltration, and drainage patterns; depth to groundwater; and proximity to surface water.

Potentially unsuitable areas for biosolids application include:

• areas bordered by ponds, lakes, rivers, and streams without appropriate buffer zones

• wetlands and marshes

• steep areas with sharp relief

• undesirable geology (karst, fractured bedrock) if not covered by a sufficiently thick layer of soil

• undesirable soil conditions (rocky, shallow)

• areas of historical or archeological significance

• other environmentally sensitive areas, such as floodplains

http://www.mawaterquality.org/capacity_building/mid-atlantic%20nutrient%20management%20handbook/chapter10.pdf

Land Application Sites were selected to avoid streams and riparian areas. In addition, the vast majority of

trees present on the application sites form the border of each site and are of the mature hardwood variety

and do not typically produce loose bark or exfoliate. For the most part, trees are allowed to grow

undisturbed. Trees that die are allowed to remain in place or where they fall and are only removed if they

happen to fall over an site access roadway. Accordingly, DOE staff concludes that the activity would be

unlikely to adversely affect the endangered Indiana bat. The reasons for our conclusion are:

• the rarity of the Indiana bat species on the ORR;

• the land application sites are not located in designated floodplains;

• the absence of streams present on the application sites, reducing the likelihood of foraging

habitat;

• the absence or rarity of exfoliating tree stands that are present or serve as the borders to

application sites, reducing the likelihood of roosting habitat;

• the non-disturbance of existing tree stands by the current operations (e.g., lack of tree removal

operations), reducing the likelihood of roosting disturbance if the Indiana bat is present;

July 2002

J-14

• the established buffer zone of 500 feet around existing bodies of water on the application sites

prohibiting the application of biosolids, reducing the likelihood of direct or indirect contact with

biosolids being applied if the Indiana bat is present; and

• the rigorous radionuclide monitoring program in place and the extremely low to non-detectable

levels of radionuclides found in application site soils (Table 1.3) and vegetation (Table 1.4),

reducing the likelihood of accumulation of radionuclides within insects that consume vegetation

that represent a food source for the Indiana bat.

http://nepa.energy.gov/nepa_documents/ea/EA1356/appendixJ.pdf

http://sludgefield.blogspot.com/

FPU gets Clean Bill of Health LOL!

2010-11-25T06:52:00.000-08:00

And I guess there is no standing water on the property or two foot ruts from the FPU's Gator spreading biosolids in a wetland and on flooded fields!

Fayetteville Sludge Invades Nature Trail

2010-11-22T20:51:00.000-08:00

Fayetteville Sludge Invades Nature Trail

Water covers Beardon Mill 2

2010-11-10T18:26:00.000-08:00

Water covers Beardon Mill

2010-11-10T18:06:00.000-08:00

10 acres cleared to hide the 3 foot deep ruts from applying biosolids while the ground was saturated!

Sludge being applied... Wrong!

2010-09-29T20:21:00.000-07:00

Water coming out of the sludge field

2010-09-29T20:03:00.000-07:00