Watershed Update,
Summer 2008

Milestone Reached in Chattooga Headwaters Controversy

Alternative 4 directs boaters to put in shortly above a river-wide log jam.August 18th was the deadline for submitting comments on the Forest Service's pre-decisional Environmental Assessment (draft EA) for the Management of Recreation Use on the Upper Chattooga River. Unfortunately-after 4 years of study and spending over $2 million of taxpayer's money-the Forest Service's lengthy EA is based on inconsistent logic and, in places, contradictory statements, and ultimately sacrifices the "Outstandingly Remarkable Values" of the Chattooga Cliffs reach of the Upper Chattooga River.

Here are the facts: the Forest Service selected Alternative 4 as the "preferred alternative," which would designate a new access point into one of the last remote sections in the entire Chattooga River corridor to allow boating from the County Line Road in North Carolina down to Burrells Ford. Boaters would then have take out at Burrells Ford (above the most desirable whitewater stretch in the upper Chattooga). Boating would be allowed only from December 1st to March 1st, and boater numbers would be limited to 4 groups of 6 boaters per day.

Ironically, this preferred alternative proposes to limit encounters to preserve the "wilderness experience" and to limit resource damage by not designating new trails in the Chattooga Cliffs reach of the river, yet goes on to propose designating the County Line Road as a new trail to a put-in for boating. This runs counter to Alternative 4's objectives, as it would lead to more encounters and inevitably result in increased use and greater potential for resource damage in the most biologically sensitive area in the Chattooga River headwaters. Alternative 4 would also direct boaters to a river stretch where perilous "strainers" abound, a dangerous situation that is predicted to worsen.

The Chattooga Conservancy continues to support an alternative that would protect the outstandingly remarkable values of the Chattooga River headwaters and allow whitewater boating, with sufficient limitations (and strict enforcement), from the Bull Pen Bridge all the way to the Highway 28 Bridge. It's not too late to call for a fair and reasonable plan to allow paddling in the Chattooga headwaters. A new alternative can be developed that will protect the outstandingly remarkable values of the headwaters and allow whitewater boating with adequate limitations. For more information, please visit our website and read the "Director's Page" in this issue of the Quarterly.

Progress on the Horizon for Stekoa Creek

Clayton City Council passed a resolution by unanimous vote on August 12, 2008, to issue a Request For Proposals (RFP) addressing the dire need to fix the city's sewage collection system (the main source of pollution into Stekoa Creek, and the Chattooga River downstream of the Stekoa confluence). City officials agreed to work with the Stekoa Watershed Task Force to draft this RFP, with the objectives of: a) soliciting proposals for engaging qualified engineering firm(s) to assimilate and evaluate all of the existing information about Clayton's sewage system; and, b) complete a comprehensive study of the state of the entire sewer system, to also include a projected cost for formulating short and long term plans (i.e., a prioritized schedule) for fixing the sewage system's leaks.

The Chattooga Conservancy made the presentation to the Clayton City Council requesting the resolution to move forward with this RFP on behalf of the "Fix Sewer System" group of the "Stekoa Watershed Task Force." This task force came about as a result of the Chattooga Conservancy initiating a meeting in November 2007 to convene the Environmental Protection Agency, the Georgia Environmental Protection Division, Rabun County and City of Clayton officials, and local stakeholders to strategize about improving water quality in Stekoa Creek. Council and the mayor approved the resolution to go forward with a RFP largely due to assurances that help would be forthcoming from the Stekoa Watershed Task Force to execute the next steps, which are: 1) producing a draft RFP; and, 2) assembling the funding mechanisms to pay for the work components and deliverables of the RFP. This has great potential for advancing work to clean up Stekoa Creek, because a comprehensive prioritized engineering plan for upgrading Clayton's sewage collection system will provide the essential foundation from which to secure and earmark funding to accomplish this formidable task.

Georgia Water Plan

After a disappointing 2008 legislative session for water issues in the Georgia Statehouse, the Chattooga Conservancy now urges citizens to continue lobbying their statehouse representatives to protect water quality, rivers, and future water supply. The statehouse session ended with approval for a statewide water plan that has no mandatory requirements for water conservation and efficiency; regional water planning districts that are drawn up along political jurisdictions instead of watershed boundaries; and, no protection for downstream communities against interbasin water transfers. This summer's exceptional drought only underscores the urgent need for pressuring Georgia legislators to apply statutory fixes to the outstanding problems in the state's water plan. Add to this mix the recent state budget shortfalls that have caused the suspension of $40 million for water supply projects-all the more need to focus on water conservation and efficiency!

Meanwhile, the state water plan is moving forward as follows: The Georgia Environmental Protection Division (EPD) issued a call for nominations of members to the regional water planning districts. Each district group will create their region's "water development and conservation plan," beginning in the spring of 2009. The EPD will also develop a "water conservation and implementation plan," but the agency's board only has to consider this plan-adherence is not mandatory. Citizens can provide input on this plan during two comment periods from Sept. 8 to Oct. 8, and Nov. 14 to Dec. 15, 2008. In addition, the EPD has started evaluating the state's flood control dams (350 altogether) for their potential conversion to water supply reservoirs. To date, 20 of these structures have been identified as having a "relatively high potential for yield," which includes the option of pumping from a nearby water body to fill the reservoir. Interestingly, just about all 20 of the potential new reservoir sites are north/northeast (uphill) of Atlanta.

I-3 Request for Proposals Expected Soon

The Request for Proposals (RFP) for the study of the proposed Interstate 3 may be issued as soon as October 2008. It is crucial that legislators near and in the Chattooga River watershed be urged to oppose construction of this unnecessary, fiscally irresponsible, and environmentally devastating interstate highway. Please act now to contact your county councils and Members of Congress by way of calls, faxes and email, and ask them to oppose construction of I-3, whose route would most likely cut through or near the Chattooga watershed. Our tax dollars are needed for so many other worthy uses! Ask your representatives to write a letter stating their opposition to the Third Infantry Division Highway (I-3) that is proposed to run through/near their district. Correspondence should go to Mary Peters, Secretary of Transportation, with another copy to Thomas Madison, Director of the Federal Highway Administration. Ask all legislators to also write their letter of opposition to be attached to the RFP. Citizens represented by Sen. Lindsey Graham and Rep. Gresham Barrett are especially in need of contacting these legislators (see Spring 2008 Chattooga Quarterly, "I-3 Now Targeting South Carolina") to urge their opposition to I-3. To send an e-mail and get more contact information, go to www.congress.org.

Public Land Woes: Yet Another Round

Roadless Rule, On Again Off Again In mid-August, Wyoming District Court Judge Brimmer re-issued his 2003 injunction against the 2001 "Roadless Area Conservation Rule," which was promulgated in the last days of the Clinton Administration. However, Brimmer's ruling contradicts California Magistrate Court Judge LaPorte's 2006 injunction against the Bush Administration's "State Petition Rule," that had sought to supercede the 2001 Roadless Rule. Now, Bush Administration attorneys have filed motions in both California and Wyoming requesting that the two judges lift their conflicting injunctions, saying that they have put the Forest Service in an "untenable position" of having to follow one injunction to comply with the Roadless Rule, while also following another setting aside the rule. Judge Brimmer's recent decision is expected to be appealed in the 10th Circuit Court, while an appeal of Judge LaPorte's 2006 decision is ready for argument in the 9th Circuit Court. If the two circuit courts reach different conclusions, the issue will be headed to the Supreme Court to resolve the conflicting injunctions that are directed at the management of 58.5 million acres of roadless public land in the United States.

Fire Costs All Regional Foresters recently received a letter from Forest Service Chief Gail Kimbell outlining specific measures for the agency to implement to deal with the financial shortfall caused by this year's intense fire season. For FY 2008, total wildfire suppression costs are projected to reach $1.6 billion, exceeding budgeted amounts by $400 million.
Persistent lack of funds for basic services on our public land is seen here at the Bull Sluice parking lot. The cost-saving measures cited include deferring: non-emergency contracts, non-critical projects and travel, no funding for land acquisition, forest legacy projects, or other agreements that would use FYO8 funds; and, using "prudent cost-saving judgment" when managing staffing. It's likely that the Forest Service will have to make even further cuts to all their programs to offset fire costs, in which case they may only be able to cover basic payroll expenses.

Nearly every national forest and Forest Service program will see significant impacts from this latest round of budget shortfalls. In the Chattooga River watershed, signs of this continuing lack of resources for basic services is easily visible and includes the unsanitary build up of trash at many popular destination sites.