Here in Watauga County we are lucky to have relatively clean rivers and a public that is well connected with the health of the local environment. In order to support continued generations of residents who act as good stewards for the High Country and beyond, we must educate students about threats to our local environment and ensure that they feel pride and ownership of the world around them.

The Upper Watauga River Keeper has helped with school water-based programs at Hardin Park Middle School and Watauga High School this fall. At Hardin Park, science teach Alan Felker invited me to speak with each of his 7th grade science classes about the many rolls of a riverkeeper. Our discussion ranged from local river cleanups to litigation against major polluters in Kentucky. I was impressed with the quality of both questions and answers I heard from many of the students. I met up with the students later in the week to assist with Mr. Felker’s aquatics lab on the New River. Students were game to get in the chilly fall water in order to measure water velocity and turbidity, and look for macroinvertebrates used as indicators of biological condition. I hope to see many of these same students for a Watauga cleanup in the spring.

On October 19th, I helped with one of several presentations focusing on marine mammals, climate change, pollution and our connection to those issues here in Watauga County. The North Carolina Museum of Natural Science and the North Carolina Fort Fisher Aquarium, through a grant from NOAA, brought in a geodome presentation that highlighted different marine mammals and threats to them resulting from global warming and plastic pollutants. Lisa Doty, the Watauga County Recycling Coordinator, and I presented a local perspective on recycling and reducing consumption in Watauga County, and the ways our efforts can impact the ocean environment.

I was pleased to find that at least one student in each group knew that plastics are made from fossil fuels, which are non-renewable resources. The students were surprised to learn that Watauga County does not have an operational landfill, so our garbage must be shipped to Lenoir. This means that not only is our waste management more costly, but it also uses more fossil fuel: an average of 8 tractor trailer loads of garbage are sent to Lenoir every day, which costs roughly $1.3 million per year. In contrast, as recycling technology has improved, the demand for recycled plastic has increased: other companies pay Watauga County for recycled plastics and recycling creates 14,000 jobs North Carolina.

We tried to impress upon students some simple every-day things they could do to help curb the influx of waste into our waterways and oceans. Two of the easiest changes that create a large and lasting impact are reducing your use of plastic water bottles and plastic grocery bags. According to the Earth Policy Institute, 1,500 plastic water bottles end up as garbage every second. Additionally, plastic grocery bags are more costly to produce from recycled material than from virgin oil. So when your Watauga High School students turn down that store-bought water in favor of a reusable container or tell you there will be no trip to the store without reusable bags, commend them for doing their part to create a healthier planet!

October 7th and 8th, 2011

Watauga County, NC - Do you have outdated or unused prescription drugs, over the counter medications, syringes or other medical supplies? Drop them off at the sponsored take-back centers this October. Any prescription or over the counter drugs will be accepted, no questions asked.

Across Watauga County drugs will be collected on Saturday October 8th, from 10:00am to 2:00pm, in conjunction with Hazardous Household Waste Collection Day. Two new take-back locations have been added in Beaverdam and Beech Mountain, bringing the total number of locations in Watauga County to seven. Take-back locations will be available at the Beaverdam Volunteer Fire Department on Bethel Road, Beech Mountain Town Hall, Foscoe Fire Department, and the three Food Lion stores in Watauga County: the Highway 321 store in Boone, the Highway 421 Deep Gap store, and the Blowing Rock store.

ASU will hold its take-back on October 7th, from 11:00am to 2:00pm in the Plemmons Student Union building.

On Oct. 3, 2009, a broad coalition of community partners came together to create the first ever prescription drug take-back day in the High Country. The event was a huge success, and collections have been held twice per year since then, once in the fall and once in the spring. In total the past four collections have safely disposed of over half a million pills and 60 gallons of liquid medication, making this one of the most successful drug take back programs in the state. Organizers hope to continue this success and collect even more drugs this fall.

The disposal of prescription drugs has long been a dilemma, and many medicine cabinets contain unused or outdated medications. Among teenagers, the fastest growing illegal drug use is the abuse of prescription drugs. The most common method of obtaining prescription drugs is by raiding the medicine cabinet of a friend or family, then consuming the pills or selling them.

“From a law enforcement perspective, one of our most important jobs is to work diligently and proactively to prevent drug abuse,” said Watauga County Sherriff Len D. Hagaman. “By hosting an amnesty day that allows the public to turn in any kind of unused or unwanted medications, hopefully, we will keep those drugs off the street and out of the hands of children.”

Another problem with outdated or unused prescription drugs is that people dispose of them improperly by flushing them down the toilet. If their home is connected to a local wastewater treatment facility, then the drugs wind up in either the Watauga River or New River.

“A recent investigation by the Associated Press found a whole host of pharmaceuticals-including antibiotics, pain medication, anti-depressants, sex hormones, heart and blood pressure medicine-in the drinking water supplies of more than 40 million Americans,” said Donna Lisenby, Watauga Riverkeeper.

ASU biology and chemistry students and faculty have conducted environmental tests to determine the effects of estrogenic compounds (including estrogen pharmaceuticals, plasticizers, and many alkylphenol surfactants used in detergents, cleaners, and emulsifiers) on male fish populations in the South Fork of the New River.

The results indicated that 60 to 66 percent of two species of male fish below the WWTP effluent are being feminized; tests with rainbow trout have yet to be conducted.

“Although preliminary tests have shown that pharmaceutical estrogens in the river just below the WWTP are right at levels known to cause feminization, it is unlikely that these levels persist very far downstream,” said Dr. Shea Tuberty, of ASU’s biology department. “Any attempt to reduce the quantity of pharmaceuticals in water is a significant step towards environmental conservation.”

Community members reached out to law enforcement officials from the Drug Enforcement Administration, the State Bureau of Investigation, the Sheriff’s Department as well as the Boone, Blowing Rock and Seven Devils Police Departments. The river conservationists and law enforcement community united to fight the problem of prescription drug misuse.

“It has been an amazing testament to the collaborative spirit of our community to see how enthusiastically people have united to help host Operation Medicine Cabinet,” said Wendy Patoprsty, Watauga County Extension Agent. “We have over 30 community partners, including, Helen M. Clabough Charitable Foundation, MountainKeepers, Watauga River Conservation Partners, Towns, and police departments of, Boone, Blowing Rock and Seven Devils, the Ashe and Watauga County Sheriff’s Office, the State Bureau of Investigation, the Drug Enforcement Administration, Safe Kids North Carolina, Boone Drug, Watauga County Recycling/Solid Waste Department, Watauga Riverkeeper, Appalachian Voices, Food Lion, CVS, the Grandfather Mountain Highland Games, Trophy Water Guide Service, Rotary Club of Blowing Rock, The National Committee for the New River, MPrints, NC Cooperative Extension Service, Precision Printing, the Smoky Mountain Center and Appalachian State University just to name a few,” she continued.

“On behalf of all our partners, we are pleased to offer this opportunity to our citizens to safely dispose of unused or unwanted medications properly, and we hope you will come see us on Saturday, October 8th, and be a part of the community effort to save the rivers and kids from drugs,” said Watauga County Recycling Coordinator Lisa Doty.

To find out more about the event visit DrugTakeBackDay.com

A big thanks goes out to all those who helped make the Watauga River a cleaner, more beautiful place to swim, fish, and boat.

On Saturday, September 10th, the Upper Watauga Riverkeeper helped to complete a cleanup of the Watauga River, as part of the nationwide river cleanup day. Wendy Patoprsty and staff from the Watauga County Cooperative Extension organized the event and several ASU professors recruited student volunteers.

A total of 114 volunteers removed 3,740 pounds of trash from the Watauga along Highway 105 between Foscoe and Boone, and along Highway 321. The total weight collected last fall was 1,940 pounds. Let’s hope this indicates that this year’s volunteers did an even better job of finding trash and removing hard-to-access objects, and not that more people have been discarding trash in the river.

I was privileged to take a group of Appalachian State freshman down to the Guy Ford bridge, off Highway 321. I was able to con about 13 students into joining me at the bridge with sincere promises that the area around Guy Ford bridge “wasn’t that bad.” Little did I know, some campers had half-burned camping equipment and left it with broken glass and other trash just downstream of the bridge. After the campsite was cleaned, students hiked up and down the river. The best finds were by volunteers who swam through the river, which had calmed after Tuesday’s rain, and dove to find tires, lumber and even a large road construction sign.

The collection from our site alone filled the back of a pickup truck.

I hope the volunteers who were new to the area took ownership and pride in their contribution and will return to enjoy the river in its spruced up state. When you are down at the river, keep in mind the awesome service the new students contributed to our community.

Other group leaders included: Barbara Michel of ASU Walker School of Business, Dick Hearn, Joan Hearn, and Teresa Buckwalter from the Watauga River Partners, Travis Small and Andi Cochran of Appalachian Geographical Society, Jaimie McGirt, and Andy Hill. Thanks goes out to GDS disposal service, Watauga County Sanitation, and Watauga County Maintenance for help with trash and recyclable disposal.

Check out the Watauga County Cooperative Extension blog for more information.

The hearing against the Kentucky Energy and Environment Cabinet, and ICG and Frasure Creek coal companies wrapped up last Friday. Appalachian Voices, Kentuckians for the Commonwealth, Kentucky Riverkeeper, and Waterkeeper Alliance intervened in the settlement between the Cabinet and the coal companies, arguing the settlement was not fair, reasonable or in the public interest. Appalachian Voices has identified more than 20,000 Clean Water Act (CWA) violations committed by the two companies between 2008 and 2009. Additional violations have been identified in 2011, but are the subject of a separate Notice of Intent to sue. Under the CWA, the violations could result in fines of more than $740 million dollars. The Cabinet originally fined the two companies a total of $1.25 million, but negotiated a consent judgment of $660,000 — $310,000 for Frasure Creek and $350,000 for ICG. These fines represent less than 1% of the total possible fines.

Wednesday, the first day of the hearing, began with opening statements, in which our attorney, Mary Cromer, argued the Cabinet’s fines were insufficient and did not account for the financial benefit gained by the companies through inaccurate reporting. The types of violations identified by Appalachian Voices included repeating data in reports from different quarters, and exceeding pollution limits. State employees, Jeff Cummins, Assistant Director of the Division of Environmental Protection, and R. Bruce Scott, Commissioner of Environmental Protection, were questioned to determine how violations were identified and counted, as well as how fines were assessed. Cabinet attorneys objected to many of the questions regarding the Cabinet’s deliberative process. Judge Shepherd, a former Cabinet Secretary, rejected most of the objections, stating that an understanding of the process was necessary to determine whether fines were adequate, and would probably help the Cabinet’s case.

The Cabinet employees reported that they did not know the total number of pollution discharges held between the two coal companies. Mark Cleland, Environmental Control Manager, attributed some of the violations to transcription and administrative errors. Recognizing the implications of inaccurate discharge monitoring reports (DMRs), Judge Shepherd later asked Scott, without accurate data, “how will the cabinet ever determine if there is a water pollution violation?”

On Thursday, the opposing counsel requested summary judgment from Judge Shepherd, but the judge declined. Tom Gabbard, manager of the Cabinet’s Compliance and Technical Assistance branch, was called as a witness. Gabbard testified to inspections of three sediment ponds. Gabbard reported high conductivity readings, as well as red-orange precipitate, indicative of acid-mine drainage, extending as far as 300 feet down a stream exiting one of the ponds. While the Cabinet’s settlement does require corrective action plans, Gabbard stated that, besides remedial action, the plans do not require anything further than what is already required under existing law.

Eric Chance, of Appalachian Voices, testified that he calculated $31,000 per month saved by Frasure Creek and $10,000 saved by ICG through the use of non-certified, and therefore less expensive, labs. Patrick Garrity, the state’s Drinking Water Laboratory Certification Officer, testified the previous day to the inadequacies of one of the labs used by the coal companies. He cited a lack of record keeping, failure to use proper quality control procedures, and disorganized equipment in the lab. The opposing counsel challenged Chance’s data interpretation. When asked by Frasure Creek attorney Jack Bender if he had included the instances of repeating data in his graphs, he replied, “It was not our priority to correct your DMRs.”

In the final day of the hearing, Bruce Scott was called as a witness for a second time, this time in defense of the Cabinet. He testified to the Cabinet’s efforts in addressing the violations of ICG and Frasure Creek, but claimed that the suit was interfering in the ability of the Cabinet to pursue other environmental problems within the state. Nevertheless, Scott also admitted that Appalachian Voices identified violations that had not been noticed by the Cabinet. Furthermore, the Cabinet has only investigated and fined the three coal companies original identified by Appalachian Voices as having violated the CWA. The coal companies each called a witness to assert that the problems were merely a result of substandard lab work and that the companies had quit using the offending lab, S & S Monitoring. ICG has recently hired a new company, East Kentucky Water Monitoring, to collect water samples. The company was founded and operated by the same employees who previously worked at S & S Monitoring.

At the end of the hearing, all parties agreed to submit post-trial findings and conclusions within 30 days, in place of oral closing statements. Judge Shepherd strongly urged all parties to attempt to settle through a second round of mediation. Judge Shepherd stated that he foresees “difficult and novel issues that are likely to keep the problem in litigation for a long time.”

Appalachian Voices is willing to consider a second round of mediation, provided the other parties come to the table in good faith. Any settlement reached must assure that these companies stop polluting Kentucky’s waterways. Barring successful mediation, we look forward to continuing with this precedent-setting litigation. Setting new legal precedents in clean water act litigation is something that makes Waterkeepers very happy. Regardless of the future outcome, we have already succeeded in achieving record-setting Clean Water Act fines against coal companies in Kentucky and changing the way they have to do environmental compliance.

Additional coverage of the hearing can be found in the following news articles:

Wall Street Journal
Courier-Journal
The Lexington Herald-Leader
The Independent: article 1, article 2, article 3

Coal plants = #1 source of mercury into our air. Bonding with water and falling from the air, mercury deposits in our lakes, rivers, streams, and other water bodies that provide drinking water, fish, recreation and ecological habitats. Read here & learn about mercury’s toxic effects. Right now, you can take a stand to reduce mercury emissions from coal plants across the country.

Click here to take action.

This past March, the EPA submitted stronger regulation standards for mercury, acid gases, and other toxic air pollutant emissions from power plants. Through July 5th, 2011, you can send a public comment to EPA Administrator Jackson in support of this progressive measure. There will be public hearings in Chicago (May 24), Philadelphia (May 24), and Atlanta (May 26). Comments can come in the form of letters, emails, or videos to be shown at public hearings.

A local example of mercury’s far reaching toxicity is Watauga Lake in Tennessee. As shown in the video below, Watauga Lake is a pristine, high elevation mountain lake with no direct pollution sources. Yet, the lake is listed under the Tennessee Department of Environment and Conservation’s precautionary fish advisory due to high mercury levels in fish tissue. Women who are nursing or pregnant and young children are advised not to eat these fish so as to reduce the risk of developmental and neurological deficiencies in children.

Clean air and water are human rights that must be protected from coal industry pollution. Your comment will only take a few minutes, but can help prevent years of environmental destruction from air toxins.

Voice your support for stronger EPA regulation of mercury and other air toxins HERE.

Watch this short video of Donna Lisenby testing two Appalachian streams below an surface coal mine site in Eastern Kentucky. One stream runs clear and the other is turbid, murky, and sediment-choked. The upcoming Appalachian Water Watch program will empower and equip the citizens of Central Appalachia to test the public waters below coal mines. This citizen enforcement of the Clean Water Act is vital due to the incompetence of state regulatory agencies and mine testing facilities when it comes to surface mining discharge reporting.

Yesterday we announced our intent to sue Nally and Hamilton Enterprises for more than 12,000 violations of the clean water act at more than a dozen of its strip mines in Eastern Kentucky. Click here for more information on that action.

Later in the day we noticed something odd about their website, it was gone. In its place was a slideshow of mostly green reclamation sites and by this morning even that was gone. Click here to see if they have anything on their site now. Luckily we acted quickly and were able to capture their old website, so we thought we would share it here. However, one big question still remains, why are they trying to hide? Any ideas? We look forward to your comments.

Click to enlarge images, then click again to make them full size:

Home Page

Locations

Blasting

Awards

Photo Gallery

There was one more page, under the History tab but this page just repeated the text on the homepage, so just go to the homepage.

See James Bruggers’ article on this amazing disappearing website.