Dog River Watershed Management Plan December 2000
Coastal Programs Department of Conservation and Natural Resources State of Alabama Don Siegelman, Governor Dog River Watershed Management Plan
Prepared for the
Alabama Department of Conservation and Natural Resources
by Jody A. Scanlan, Agriculture Program Assistant I, and Richard K. Wallace, Extension Marine Specialist Auburn University Marine Extension and Research Center
Funding for this plan was provided in part by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Office of Ocean and Coastal Resource Management, Grant Award No. NA070Z0152. Development of this plan is partly a result of research sponsored by the Mississippi- Alabama Sea Grant Consortium and NOAA, Office of Sea Grant, Department of Commerce under Grant Award No. NA86RG0039. Dog River Watershed Management Plan
Dog River Watershed Management Plan
December 2000
3 Dog River Watershed Management Plan Acknowledgements
This plan would not have been made possible without the support and efforts of many, including the Dog River Watershed Steering Committee, listed below, who devoted their time and efforts to improve the water quality of the Dog River Watershed.
Cherie Arceneaux April Griffin Dauphin Island Sea Lab Mobile County Soil and Water Conservation District Tim Ashland City of Mobile Holly Hall Mobile Bay National Estuary Program Cathy Barnette Alabama Department of Economic and Phillip Hinesly Community Affairs Alabama Department of Conservation and Natural Resources Walter Bower Dan Lessley Les Brown Mobile Area Water and Sewer Service Grant Mattox Natural Resources Conservation Service Jim Buckalew U.S. Army Corps of Engineers David Roberts City of Mobile Casi Callaway Mobile Bay Watch Randy Shaneyfelt Alabama Department of Environmental Howard Danely Management U.S. Army Corps of Engineers Julie Shiyou-Woodard David Drickoll South Alabama Regional Planning Mobile County Soil and Water Commission Conservation District Emily Sommer Dr. Miriam Fearn grassroots, inc Dog River Clearwater Revival Sharon Yahnke Dr. Tom Fink Alabama School of Math and Science
4 Contents
Table of Tables
Table of Figures
Executive Summary
I. Introduction...... 11 A. Previous Studies...... 11 B. Purpose & Goals...... 14
II. General Description of the Watershed...... 18 A. Physical Setting...... 18 B. Climate...... 20 C. Geology/Soils...... 20 D. Historical Significance...... 24 E. Population and Land Use...... 24 F. Economic Development...... 31 G. Environmental Resources...... 31 Living Resources...... 31 Endangered and Threatened Species...... 34 Sediment Quality...... 35 Water Quality...... 35
III. General Description of Sub-basins ...... 36 Eslava Creek...... 36 Bolton Branch...... 39 Robinson Bayou...... 39 Moore Creek...... 40 Montlimar Canal...... 41 Halls Mill Creek...... 41 Rabbit Creek-Rattlesnake Bayou ...... 42 Alligator Bayou...... 42
IV. Problem Identification, Project Goals, and Solutions...... 42
V. Future Needs...... 57
VI. Conclusion...... 58
References
Appendices Tables
Table 1. Table of Acronyms...... 10 Table 2. Alabama Water Use Classifications and Standards...... 13 Table 3. Named Tributaries and Their Water Use Classifications...... 15 Table 4. Components of Population Change in The Dog River Watershed: 1994-2000...... 25 Table 5. Dog River Watershed Land Use...... 28 Figures
Figure 1. Location of the Dog River Watershed in Mobile County, Alabama...... 19 Figure 2. Digital Elevation Map...... 21 Figure 3. Ecoregions of the Dog River Watershed...... 22 Figure 4. Geology of Alabama...... 23 Figure 5. Land Development Within the Dog River Watershed...... 26 Figure 6. Land Use in the Dog River Watershed...... 29 Figure 7. Land Use Map of the Dog River Watershed...... 30 Figure 8. Hazardous and Solid Waste Sites...... 32 Figure 9. Classified Shellfish Areas ...... 33 Figure 10. Alabama Water Watch Volunteer Water Monitoring Sites...... 37 Figure 11. Subbasins of the Dog River Watershed...... 38 Figure 12. Adopted Stream Crossings...... 50 Dog River Watershed Management Plan
Executive Summary
The Alabama Department of Environmental Management conducted the initial comprehensive studies of the Dog River Watershed in 1993-94. The U.S. Army Corps of Engineers completed a Reconnaissance Study of the Watershed in 1997, which recommended management strategies, and began a 5-year scoping project in 1999. Also in 1997, the South Alabama Regional Planning Commission conducted initial stakeholder meetings to discuss management alternatives. In 1998, the Auburn University Marine Extension and Research Center was granted the task of developing a Dog River Watershed Management Plan, whose purpose is to reduce flooding and improve water quality in the Watershed while also serving as a model for action in other coastal watersheds. Stakeholders in a 1999 meeting developed ten goals for the plan. A steering committee met over the following twelve months to develop action strategies.
The Dog River Watershed drains more than 90 square miles (61003.13 acres) within the City of Mobile and Mobile County, Alabama, and flows into the northwestern portion of Mobile Bay. The Dog River is a tidally influenced system that is 8 miles long, and receives drainage from 6 subbasins (Eslava Creek, Robinson Bayou, Moore Creek, Halls Mill Creek, Rabbit Creek, and Rattlesnake Bayou) and three other major tributaries (Montlimar Canal, Bolton Branch, and Alligator Bayou). The climate is subtropical, and the average annual rainfall for Mobile County is 64 inches. Soils in the upland portion of the Watershed are primarily a sandy loam, while the lower portion of the Watershed consists of poorly drained hydric soils.
The 2000 U.S. Census Bureau reported that the population of the Dog River Watershed increased 19% since 1990. Fifty-eight percent of the Dog River Watershed has been developed, with most development stemming from suburban/residential and urban/commercial uses. There are no major point source facilities in the watershed, with 11 facilities operating under NPDES permits. All of the major tributaries have been impacted by development, which has historically occurred in the upper reaches of the Watershed. Most of this development focuses on retail and residential activities. Nearly half of the Watershed, mostly the southern and southwestern portions, lies in the jurisdiction of Mobile County, where there is no master plan, but the majority of new development is occurring.
Areas of the Dog River have been restricted for shellfishing by NOAA, due to many nonpoint sources of pollution. A 1994 ADEM survey identified diverse plant and animal communities in the Dog River Watershed, including submersed grassbeds, brackish marshes, and pine forests. Fifty-eight plant and forty-six animal species listed in the survey are considered to be endangered, threatened, or of special concern. Among the metals present in the soils of the Watershed, only lead tested above the upper threshold. The water quality of the Watershed exhibits long-term problems with fecal coliform levels, turbidity, floating solids, and elevated nutrient concentrations. Water quality for segments of Dog River and Rabbit Creek is considered impaired, and these segments are listed on the Alabama 303(d) list of impaired streams. Currently, citizen volunteers monitor 17 sites at least bi-weekly under the EPA-approved Alabama Water Watch program.
Each of the subbasins has been affected by human activity. Eslava Creek and Bolton Branch are channelized for portions of their reaches by riprap and concrete revetments. They drain older areas of commercial, urban, and residential development. Robinson Bayou drains older residential areas and has less channelization and habitat loss. The Montlimar Canal is the main tributary of Moore Creek, 8 Dog River Watershed Management Plan which drains the urban-suburban area of the northern Watershed. High turbidity and sedimentation are significant in Moore Creek. Halls Mill Creek drains a large area, including the highly developed west Mobile and the increasingly developed Mobile County, and turbidity and sedimentation are a problem. The Rabbit Creek-Rattlesnake Bayou and Alligator Bayou in the southern portion of the Watershed are the least impacted and least developed areas of the Watershed. However, development is increasing turbidity in these areas. Stakeholders have developed the following goals and action plans in order to improve the water quality in the Dog River Watershed. The management plan includes information to assist groups in implementing these action plans for the Dog River Watershed. This information makes the plan more easily adaptable for other coastal watersheds.
9 Dog River Watershed Management Plan
Table 1. Table of Acronyms
10 Dog River Watershed Management Plan
Dog River Watershed Management Plan December 2000
I. Introduction
A. Previous Studies
The Mobile County Soil and Water Conservation Service identified the Dog River Watershed (Hydrologic Map Unit Number #03160205-020) as priority watershed #3 for Mobile County in their 1998 Locally Lead Watershed Assessment. The first comprehensive work on the Dog River Watershed began in 1993 with a two-year study by the Alabama Department of Environmental Management (ADEM), reported in A Survey of the Dog River Watershed – An Overview of Land Use Practices and An Assessment of the Effects of Development on the Natural Resources of the Basin and A Survey of the Dog River Watershed – Second Year’s Findings – A Review of Ongoing Development in the Watershed and An Assessment of the Effects of Urban Non-Point Sources on the Aquatic Resources of the Basin. These surveys found that the Dog River Watershed is significantly impacted by nonpoint source pollution: sedimentation from erosion, litter from stormwater runoff, nutrient enrichment, and elevated fecal coliform levels.
In 1995, a local grassroots organization, Dog River Clearwater Revival (DRCR), was formed to address growing concerns about the issues affecting the watershed. The goal of this group is to protect and restore Dog River and its watershed.
The U.S. Army Corps of Engineers (USACE) completed a Reconnaissance Study of the Dog River Watershed in January 1997. This report reached similar conclusions as the study completed by ADEM and made management recommendations as follows:
11 Dog River Watershed Management Plan 1. Control of runoff and reduction of sediment and pollutants entering the Dog River Watershed. 2. Control runoff from cleared land and impervious areas. 3. Habitat restoration at Rabbit Creek, Alligator Bayou and Rattlesnake Bayou. 4. Initiate an Improved and Expanded Land Use Management Plan. 5. Implementation of an Educational Awareness Program.
A five-year scoping project of the Dog River Watershed was begun by the USACE in 1999.
At the same time, the South Alabama Regional Planning Commission (SARPC) recognized the concerns in the Dog River Watershed, and conducted An Investigation of Management Alternatives for the Dog River Watershed (1997). Three stakeholders meetings were held to identify management alternatives and to prioritize each. The management alternatives were identified as follows:
1. Annexation of the Watershed into the City of Mobile. 2. Enforce existing regulations. 3. Enhance existing regulations. 4. Form a Watershed Management Authority. 5. Establish a Special Area Management Plan. 6. Expand infrastructure. 7. Form a Watershed Conservation District. 8. Establish overlay zoning. After analysis, SARPC found that enforcing existing regulations and expanding infrastructure ranked highest in priority with the stakeholders. Annexation into the City ranked lowest.
In 1998, the Auburn University Marine Extension and Research Center (AUMERC), was given the task of developing a Dog River Watershed Management Plan by the Alabama Department of Conservation and Natural Resources (ADCNR) Coastal Programs. The plan is intended to foster the goals and objectives of the Alabama Coastal Area Management Program (ACAMP) and also serve as a prototype for other watersheds. In addition to developing this plan, AUMERC coordinated many outreach activities including a traveling display, the Dog River Watershed Guardians program, Storm Drain Stenciling, volunteer water quality monitoring, the Adopt-A- Stream program, and street signs designating the Watershed boundaries, in order to better educate Watershed stakeholders and gain support for the project.
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i t t g d s l l s C s e s i n u e b t A t I F d R h u u NOTE: At this time, these standards have been updated and are awaiting approval. However, u indicates that a maximum ” F. n S P R O I O ° NPS BMPs and Cahaba River Basins, For Streams, lakes and reservoirs in the Tennessee “ 8 1 2 3 Ä these changes do not affect the standards of waters Dog River Watershed. these changes do not affect Bay Watershed, 1998) Bay Watershed, Table 2. Alabama Water Use Classification and Standards. 2. Alabama Water Table ronmental Management, 1995, with some additions from the Management, 1995, with some additions from ronmental 13 Dog River Watershed Management Plan B. Purpose & Goals
The purpose of this management plan is twofold: to serve as a model for action in other coastal watersheds and, more specifically, to reduce flooding and improve water quality in the Dog River Watershed in order to meet or exceed present use classifications (Table 2) and meet the goals decided upon by the stakeholders of the Watershed. ADEM classifies the lower portion of the Watershed from its confluence with Halls Mill Creek to its mouth for use as swimming and other whole body water- contact sports. The upper portion of Dog River and the upper tributaries are classified as fish and wildlife (Table 3).
In the 1999 annual meeting held by AUMERC, stakeholders were updated on the progress of the Dog River Watershed Project and were asked to participate in the planning process. At this meeting, citizens developed ten goals for the Dog River Watershed Management Plan (see Appendix A for a list of invitees, attendees, and the minutes of this meeting). The goals of this watershed plan are:
1. Reduce loss of aquatic and riparian habitats. Conserve existing habitats by establishing greenways and other natural areas to improve wildlife habitat and water quality.
2. Promote limited home rule legislation for the Mobile County Commission for environmental issues, including planning and zoning authority.
3. Reduce nonpoint source urban stormwater runoff, including litter, and runoff from construction, industrial, and residential areas.
4. Reduce nonpoint source pollution from septic tank seepage and work with the Mobile Area Water and Sewer Service (MAWSS) to reduce sewer overflow events.
5. Encourage enforcement of existing regulations and Best Management Practices (BMPs), including larger fines for violations and increased funding for ADEM. Promote “stop work” authority for building inspectors.
6. Promote and encourage land clearing requirements and land use planning.
7. Pursue the development of a watershed management authority.
14 Dog River Watershed Management Plan e t 5 5 a 0 0 D 0 0 2 2 L , , 5 5 D r r M e e b b T l m m a e e t t n i p p F e e S S L 5 5 D 0 0 e 0 0 M t 2 2 T a , , t D 1 1 f a e e r n n D u u J J s e , m e c t m t r e r i n t u o s e s t o n y s m S / o s f p t f r d o n l o e n a t e n a t a v u , u r l e w s l d r e n o t e a d P s w b n a r e a w l u s - - - - c i s s s t n n i i n n n e e d d a / / e e g g t t g g y y r m n n o x x r o e e i h o o c t a i d m m a p d d n n h h p e e a c c a m i i v v g I d r r l l r H n n n o o p a e s O e s d n e a n f i o e l h i s t d s l i * a i U F c d / i r W e f g g g g i e n t n n n n s d i i i i g e a s i n f i a s m m m m a l l W s d m m m m h C a l i i i i i s n i w w w w U W F S S S S y r a t u b i r T h a t y i r m w a a o t r t b e u e c a l 3 b v n i i 6 r A e 1 R T u l m f y g o n o w r o F D H c l l i h Table 3. Named Tributaries and Their Water Use Classifications and Their Water 3. Named Tributaries Table t i M s w s e l l e l i c a m n n i H e r k s u u u h e a l t f o o e i b f r k - n y w e b o a h h C t t c e u e l B r r u l c S i o o r o n m C t n o e a t M m t h i u e k t a l r b s f e u l t m g b l i n e s o l o a a l o r r p A R M F u H C C n i r s e a v i B R g o D * Water bodies that are not assigned a use classification considered as Fish and Wildlife * Water (ADEM Administrative Code (335-6-11-.01(5))). 15
Dog River Watershed Management Plan
(ADEM Administrative Code (335-6-11-.01(5))). Code Administrative (ADEM * Water * Wildlife and Fish as considered are classification use a assigned not are that bodies B a s i n H B R M o a a o l l t t l o t s o l r e n e M s B n C i a S l r r l k a u e C n e b e c - r k B b h e a e a s k y i o n u S S C B E W M B D M p p a a r r r h i o e r a a a s m l i i k n n n n t n i s p n T t c h c c k g B l a g e h h r o i e m o g r i C r u b y o l e s a r B t u u o B e e r t C n r n a e r a d C a r k a n y n r n c e a c h e l h k S e c o n T d r i b C u r t e a e r k y S S U U U U U U U U U U w w n n n n n n n n n n i i a a a a a a a a a a C m m s s s s s s s s s s W l m m s s s s s s s s s s a i i i i i i i i i i s a g g g g g g g g g g i i s n n t n n n n n n n n n n e i g g f e e e e e e e e e e r i d d d d d d d d d d c U a * * * * * * * * * * t s i e o n I m p a i r m e n t P o l l u t a n t S o u r c e D r a f D t a T t M e D L F i n a l T M D L D a t e
16 Dog River Watershed Management Plan e t a D L D M T l a n i F L D e M t T a t D f a r D e c r u o S t n a t u l l o P t n e m r i a p m I n o e i s t * * * * * a U c d d d d d i r e e e e e f g i e n n n n n t n s i g g g g g a s i i i i i a s s s s s m l W s s s s s m C a a a a a i n n n n n w U U U U U S y r a t u b i r T h c n a y r r k n B a e o t e t k u l r c b o i o C r h B c i c T d t b n o s b a o e a r W B W R n i s u a o b y k - a k e b e B e u r e S n r C o C s a n h v i c a b l r o s e R E P n i s a B * Water bodies that are not assigned a use classification considered as Fish and Wildlife * Water (ADEM Administrative Code (335-6-11-.01(5))). 17 Dog River Watershed Management Plan 8. Encourage the enforcement of speed control and “no wake” zones for watercraft to reduce stream bank erosion in smaller tributaries.
9. Implement a public outreach and awareness program, including K-12 education, involving the concepts of watershed responsibilities and “environmentally friendly” development.
10. Coordinate and partner with other agencies, including the Mobile Bay National Estuary Program (MBNEP), USACE, and ADEM, to achieve the objectives and strategies described.
These stakeholder-directed strategies will be met through specific plans to be developed by stakeholder representatives. These plans will be discussed later.
II. General Description of the Watershed
A. Physical Setting
The Dog River Watershed drains more than 90 square miles (61003.13 acres) within the City of Mobile, and Mobile County, Alabama, and flows into the northwestern portion of Mobile Bay (Figure 1) (South Alabama Regional Planning Commission, 2000). Approximately 56% of the watershed is contained within the city limits; the remaining 44% is within Mobile County jurisdiction. The system is urban and confined, with poor water circulation (ADEM, 1994; USACE, 1997). Periods of low flow are attributed to the drainage of Wragg Swamp in the 1950s and 1960s for development. Significant portions of the flow from the headwaters of Eslava Creek, at that time, were diverted south to form Montlimar Canal, which, in turn was routed to Moore Creek. This transfer removed a substantial portion of the original headwater flow into upper Dog River and moved it to lower Dog River, contributing to increased flushing time (ADEM, 1994).
Dog River is a tidally affected stream that is 8 miles long, with a width ranging from 300 to 2300 feet, and depths up to 7 feet. The river receives drainage from six sub- basins (Eslava Creek, Robinson Bayou, Moore Creek, Halls Mill Creek, Rabbit Creek, and Rattlesnake Bayou) and three other major tributaries (Montlimar Canal, Bolton Branch, and Alligator Bayou). Rattlesnake Bayou is totally within the jurisdiction of Mobile County (ADEM, 1994; USACE, 1997).
18 Dog River Watershed Management Plan .html Courtesy of Joe Duke, Department .usouthal.edu/geography/fearn/480page/dogriver www Figure 1. Location of the Dog River Watershed in Mobile County, Alabama. in Mobile County, 1. Location of the Dog River Watershed Figure Geology and Geography, University of South Alabama, Geology and Geography,
19 Dog River Watershed Management Plan B. Climate
Climate of the Dog River Watershed is greatly influenced by the subtropical Ocean and the Gulf of Mexico (United States Geological Survey). In winter, polar air and precipitation resulting from frontal systems and cyclonic development in the Gulf, dominate area weather (USACE, 1997; USGS). In summer, weather is dominated by tropical maritime air, and thunderstorms and occasional tropical cyclones, including tropical storms and hurricanes, produce precipitation (USACE, 1997; USGS).
In the spring, a strong frontal system moves into coastal Alabama every five to seven days from Texas and the plain states. The average daily temperatures in Mobile County range from 81° in July to 52° in January (SARPC, 1994). The average rainfall for Mobile is 64 inches, and, in the summer months (June-August), a thunderstorm occurs on a nearly daily basis (ADEM, 1994; SARPC, 1994). Storms normally occur in the afternoon and early evening, and are commonly confined to areas of one square mile or less. These storms can potentially produce heavy rainfall and strong winds, and smaller storms have been known to produce over one inch of rain in less than one hour (ADEM, 1994).
In the late summer to early fall, drier, calmer weather dominates coastal Alabama (O’Neil and Mettee, 1982; ADEM, 1994). Precipitation is light to moderate and spread over a wider area (ADEM, 1994).
C. Geology/Soils
Mobile County is located in the southwest corner of Alabama, in the coastal plain region of the state, in the Southeastern Plains and Southern Coastal Plains ecoregions, and is characterized by nearly level land from the Gulf of Mexico rising to low rolling hills in the northern portion of the County (EPA, 1996) (Figures 2, 3, &4). The soils of the County contain a layer that is low in organic material (SARPC, 1994). Soils of the upland portion of the Dog River Watershed are primarily a sandy loam that the Natural Resources Conservation Services (NRCS) identifies as the Troup-Heidel- Bama and the Notcher-Saucier-Malbis units. The Troup-Heidel-Bama unit constitutes 30-35% of the watershed, encompassing the western portion of the Dog River Watershed, including Moore and Halls Mill creeks. The Notcher-Saucier-Malbis unit occurs in the southwestern part of the watershed, in the upper part of Rabbit Creek and Rattlesnake Bayou, and constitutes 10% of the watershed (ADEM, 1994).
20 Dog River Watershed Management Plan
21 Dog River Watershed Management Plan
22 Dog River Watershed Management Plan
Figure 4. Geology of Alabama. Geological Survey of Alabama
23 Dog River Watershed Management Plan The lower portion of the Dog River Watershed consists of poorly drained hydric soils that the NRCS identifies as Bayou-Escambia-Harleston or Urban land-Smithton- Benndale. The Bayou-Escambia-Harleston unit constitutes 25% of the Dog River Watershed, including lower Dog River, Moore Creek, Halls Mill Creek, Rabbit Creek, and Rattlesnake Bayou. The remaining 30-35% of the watershed consists of the Urban land-Smithton-Benndale unit (ADEM, 1994). In general, the sediments in the deeper waters of Dog River and the deeper, tidally influenced streams of the Watershed include aluminum-rich clays mixed with silt and fine sand. Near the mouth of the River, and in the tidally influenced reaches of the streams, sediments are more coarse-grained with less clay and more sand. The portions of the tributaries that have not been channelized tend to vary between silty sand and mud, depending on stream morphology (USACE, 1985; ADEM, 1991; ADEM, 1994).
D. Historical Significance
As mitigation for its 1988 construction of a new bridge at the mouth of Dog River, the Alabama Department of Transportation (ALDOT) funded an archaeological excavation by the University of South Alabama at the southern shore of Dog River at its confluence with Mobile Bay. It was found that this site was both historically and archaeologically important.
It was discovered that the Dog River area was inhabited beginning in the prehistoric era. Stone tools dating from 6000-3000 BC and ceramics dating from 1200-500 BC were discovered at the site. The first settlement at the site was a warehouse established by D’Iberville in 1702, and from 1711 until 1763, a village of Chato Indians occupied the area. For nearly a century, beginning in the 1720’s, a plantation owned by the family of Charles Rochon, occupied the site. A brickyard occupied the site from 1819 until 1831, and a sawmill was established in the 1830’s. The area remained unpopulated from the Civil War until a drawbridge was constructed in the early 1930’s (University of South Alabama, 2000).
E. Population and Land Use
According to the U.S. census, the population in the Dog River Basin rose 12% in a 10-year period, from 116,000 in 1980 to 130,000 in 1990. For the same period, the total population rise in Mobile County was 3.7%. By 1994, the population of the Dog River Watershed was 144,926. By 2000, the population in the basin had risen to
24 Dog River Watershed Management Plan
Table 4. Components of Population Change in the Dog River Watershed: 1994-2000. SARPC, April 2000.
Number Percent Change
1994 Population 144,926
Total Births 1,623
Total Deaths 792
Natural Increase 831 +0.60%
2000 Population 154,708
Migration 8,851 +6%
Net Increase 9,782 +6.60%
25 Dog River Watershed Management Plan Developed Undevelop 58% Figure 5. Land Development Within the Dog River Watershed River Dog the Within Development Land 5. Figure 42%
26 Dog River Watershed Management Plan 154,708, an increase of 6.6% since 1994 and 19% since 1990. Of this increase, natural population increase accounted for 0.6%, and the remaining 6% population rise occurred through migration into the Watershed (SARPC, 2000) (Table 4). Though 42% (25389.01 acres) of the Dog River Watershed remain undeveloped, all of the major tributaries are affected by human use, according to EPA Better Assessment Science Integrating Point and Nonpoint Sources (BASINS) data from 1996 interpreted by SARPC (Figure 5). Thirty-seven percent (22571.11 acres) of the Watershed is used for suburban/residential uses, 16% (9586.18 acres) for Urban/ Commercial and Service uses, including transportation, communications, utilities, nurseries and orchards, 4% (2294.87 acres) is cropland and pasture, and 2% (1121.96 acres) is used for strip mining and industrial purposes (Table 5; Figures 6 & 7).
Development historically occurred in the upper portion of the watershed, around Eslava Creek. This development was initially residential and light commercial (restaurants, retail stores), but has grown to include apartment complexes, subdivisions, and large commercial developments (office parks, shopping malls). Most of the shoreline of Dog River has been developed with single unit homes, restaurants, and apartment complexes. In the lower portion of the watershed, the shoreline of Dog River has been developed for marinas and other docking facilities, and this area, as well as the western tributaries, has primarily residential development, with some significant recreational facilities (golf courses, ballparks) (Friend, et. al., 1982; ADEM, 1994). Increasingly, new development in the Dog River Watershed is occurring mainly in the western upland portion (SARPC, 1981; Friend, et. al., 1982; ADEM, 1994). Only Rabbit Creek, Rattlesnake Bayou, and Alligator Bayou are relatively undeveloped; however, development is starting to occur near these areas, including various commercial sites, warehouses along U.S. Highway 90, and an industrial park between Hamilton Boulevard and Rangeline Road.
There are no major industrial facilities or municipal wastewater treatment plants in the Dog River Watershed at this time. The City of Mobile formerly operated a municipal wastewater treatment plant that discharged into Eslava Creek, but that operation has been converted into a sewage lift station. Section 301 of the Clean Water Act regulates discharges to waters of the United States through permits issued under the National Pollutant Discharge Elimination System (NPDES) permitting program. The NPDES permits require treatment of the pollutants to a degree that will comply with established water quality standards (United States Environmental Protection Agency, 1999). Currently, eleven businesses in the Dog River Watershed operate under a NPDES permit (see Appendix B). These include a marina and boat works on Dog
27 Dog River Watershed Management Plan
Table 5. Dog River Watershed Land Use. SARPC, April 2000. (from EPA BASINS data.)
Land Use Acres
Suburban/Residential 22571.11
Forest Land 22280.76
Urban/Commercial and Service 9586.18 (includes Transportation, Communication, and Utilities Cropland and Pasture 2294.87
Waterways (Bays, Estuaries, Streams, 1917.24 Canals, and Reservoirs) Wetlands 1191.01
Industrial 784.32
Strip Mines 377.64
Total 61003.13
28 Dog River Watershed Management Plan Forest Land Suburban/Reside Urban/Commercia Cropland Pastu & Waterways Wetlands Industrial Mines Strip 16% 4% 3% 2% 1% 1% 37% Figure 6. Land Use in the Dog River Watershed Figure 6. Land Use in the Dog River 36%
29 Dog River Watershed Management Plan
30 Dog River Watershed Management Plan River, a bulk industrial gasses transfer company near Alligator Bayou, an air courier service, a soft drink bottling plant, a trucking service, two auto bumper plating works, three other manufacturing companies, and the Mobile Transit Authority. The auto bumper facilities are permitted to discharge process wastewater into Dog River Watershed tributaries. All others are permitted for the discharge of boiler blowdown and stormwater drainage and/or non-contact cooling water (ADEM, 1994). A gravel and sand mining facility formerly operated along Halls Mill Creek, but this facility has been closed for some time, and is currently being converted to small business facilities. There are, however, 154 sites with permits to discharge hazardous and solid wastes in the Watershed, according to the 1996 BASINS data from the EPA (Figure 8).
Forty-four percent of the Dog River Watershed, mostly the southern and southwestern portions, is in Mobile County jurisdiction. There is no master plan for the county; however, the City of Mobile Master Plan, adopted in 1995, extends 5 miles beyond city limits if there is no other incorporated municipality. There is little in the Master Plan directed at Dog River and its tributaries. The Plan proposes that undeveloped portions of the watershed at Rabbit Creek and Alligator Bayou not currently utilized for residence or commerce be designated for heavy industrial use. However, as these areas are in county jurisdiction, this proposal is only a recommendation for county policy (USACE, 1997).
F. Economic Development
Economic development in the Dog River Watershed focuses mainly on retail and residential activities: malls, shopping centers, office parks, sporting facilities, boat- related facilities, condominium and apartment complexes, and subdivisions for single- family dwellings. New development is occurring mainly in the southern and western portions of the watershed, more and more into county jurisdiction.
G. Environmental Resources
Living Resources
Areas of the Dog River have been closed to shellfishing by NOAA, as seen in Figure 9, due to many nonpoint sources of pollution, including stream-borne contaminants, urban runoff, waste-water treatment, combined sewer overflows, and potentially from industry and boating (EPA, 1996). A 1994 ADEM Watershed survey identified diverse plant and animal communities in the Dog River Watershed. These diverse
31 Dog River Watershed Management Plan
32 Dog River Watershed Management Plan
33 Dog River Watershed Management Plan include submersed grassbeds, brackish marshes in the tidally influenced tributaries, and pine forests in the uplands and headwaters (see Appendix C).
Endangered and Threatened Species Fifty-eight plants in Mobile County, mostly of bog and wetland habitats, are considered to be endangered, threatened, or of special concern (U.S. Department of the Interior, 1975; Freeman, et. al., 1979; O’Neil and Mettee, 1982; ADEM, 1994).
Forty-six animal species whose habitat is said to include the Dog River Watershed are listed as endangered, threatened, or of special concern. Five of these are crawfish, six are fish, four are amphibians, nine are reptiles, and twenty-two are birds, of which ten are resident species. Five mammals are threatened or of special concern (ADEM, 1994). In addition, the 1998 Locally Lead Watershed Assessment, by the Mobile County Soil and Water Conservation District, identified three underpopulated wildlife groups: deer, quail, and turkey.
Two of the five species of crawfish, Cambarellus diminutus and Procamberus evermanni, have been collected in the Watershed. One of the fish, the pigmy killifish (Leptolucania omnatta) is likely to occur in the Watershed. All four amphibians are known to inhabit the Dog River Watershed, though the flatwoods salamander (Ambystoma cingulatum) and the dusky gopher frog (Rana areaolata sevosa) have not been observed since 1922. The river frog (Rana heckscheri) and the greater siren (Siren lacerata) inhabit Mobile County. All nine reptile species identified may inhabit the Watershed: the gopher tortoise (Gopherus polyphemus), indigo snake (Drumarchen corias couperi), eastern diamondback rattlesnake (Crotalus adamanteus), black pine snake (Pituophis melanoleucus), pine woods snake (Rhadinea flavilata), Alabama red-bellied turtle (Pseudomys alabamensis), Florida green water snake (Nerodia cyclopion floridiana), Florida soft-shell turtle (Trionyx ferox), and the American alligator (Alligator mississippiensis), though this species has made a recovery in the Dog River Watershed area (ADEM, 1994).
Among the birds listed are the brown pelican (Pelacanus occidentalis), whose populations have also recovered within this area, bald eagle (Haliaeetus leucocephalus), swallow-tailed kite (Elanoides forficatus), sharp-shinned hawk (Accipiter striatus), Cooper’s hawk (Accipter cooperi), and red-shouldered hawk (Buteo lineatus). Of the five mammals listed, three, the Florida yellow bat (Lasiurus floridanus), the southeastern myotis (Myotis austroriparius austroriparius), and the
34 Dog River Watershed Management Plan Bayou grey squirrel (Sciurus carolinensis fulignosus) are the most likely to occur in the Dog River Watershed (ADEM, 1994).
Sediment Quality
A 1997 reconnaissance study of the Dog River Watershed by the USACE determined that the sediments of Robinson Bayou and the upper half of Dog River contain cadmium levels higher than the range to be expected in natural sediments. The entire Watershed contains elevated copper levels. However, the level of cadmium is below the level of concern, and the concentration of copper is not considered to be toxic to aquatic life.
All but one site in the basin sampled in the above study exceeded the lower threshold (35ppm) for lead, and two sites were measured above the upper threshold (110 ppm) with values at 114 ppm and 142 ppm. If persistent in sediments, lead levels exceeding the upper threshold value have been found to be harmful to amphipods (ADEM, 1994).
Water Quality
ADEM classifies the lower portion of the Dog River Watershed from its confluence with Halls Mill Creek to its mouth for use as swimming and other whole body water- contact sports. The upper portion of Dog River and the upper tributaries are given fish and wildlife classification.
The Dog River Watershed exhibits long-term problems with fecal coliform bacteria levels, turbidity, floating solids, and elevated nutrient concentrations. All of the problems are exacerbated after storm events. Also, there is a history of fish kills in Dog River. These occur in the late summer-early fall during natural periods of low dissolved oxygen and low flow that is intensified due to the drainage of Wragg Swamp and re-routing of the headwaters of Eslava Creek, contributing to increased flushing time, and therefore increasing hypoxia (ADEM, 1994).
Section 303(d) of the Clean Water Act of 1972 requires states to identify waters that do not meet their assigned water-use classifications and to establish priority to these bodies. After this list is completed and submitted to the EPA for approval, each state is required to develop total maximum daily loads (TMDLs) that are necessary to achieve the classifications. A TMDL is the sum of the allowable loads of a single
35 Dog River Watershed Management Plan pollutant from all contributing point and non-point sources. The calculation must include a margin of safety to ensure that the waterbody can be used for the purposes designated by the State (EPA, 1991). Two segments of the Dog River Watershed are included on the 1998 Section 303(d) List for Alabama submitted to the EPA by ADEM (Table 2). Three miles of Rabbit Creek, from Alabama Highway 163 to its confluence with Dog River, whose use is classified as fish and wildlife, is listed for organic enrichment/dissolved oxygen problems and for pathogens, caused by urban runoff/storm sewers, and onsite wastewater systems (septic tanks). Four miles of Dog River upstream from its mouth at Mobile Bay, classified as fish and wildlife and swimming, is listed for non-attainment of its use classifications due to pH and organic enrichment/dissolved oxygen due to land development, urban runoff/storm sewers, and onsite wastewater systems. The draft TMDL date for both Rabbit Creek and Dog River is June 1, 2005 and the final date is September 5, 2005 (EPA, 1999; ADEM, 1999).
Currently citizen volunteers with the Dog River Clearwater Revival (DRCR), under the Alabama Water Watch program, monitor 19 sites in the Watershed at least bi- weekly (Figure 10). Citizens monitor water temperature, pH, dissolved oxygen, turbidity, alkalinity, and hardness. E. coli monitoring is being conducted at 5 sites. Volunteers are certified according to the EPA-approved Alabama Water Watch Quality Assurance/Quality Control Plan for both basic and bacteriological parameters.
III. General Description of Sub-basins
Eslava Creek
The Eslava Creek area is urban, with numerous storm drains and culverts leading to the extensively channelized creek (Figure 11). The highly developed area contains large impervious expanses, though the remaining natural vegetation is of a mixed pine- oak forest (ADEM, 1994).
The lower portion of Eslava Creek is channelized, but with more naturally vegetated banks. The development in this area is mostly residential or small retail commercial, and is considered to be of older construction, being built prior to 1960.
The upper portion of the Creek has riprap or concrete revetment banks. This region of Eslava Creek once contained extensive wetlands known as Wragg Swamp, but was drained in the 1950’s and 1960’s for construction of real estate and of Interstate 65.
36 Dog River Watershed Management Plan
Figure 10. Alabama Water Watch Volunteer Water Monitoring Sites (from Alabama Water Watch)
37 Dog River Watershed Management Plan
Figure 11. Subbasins of the Dog River Watershed. Courtesy of Heather Boone, Department of Geology and Geography, University of South Alabama.
38 Dog River Watershed Management Plan Development in this area is newer than that of the lower Eslava, and consists of shopping malls, office parks, a baseball park, restaurants, motels, and multiple unit residential dwellings.
Due to the urbanization of the Eslava area and its accompanying high traffic, the Creek receives large amounts of trash through numerous storm drains leading to it. Eslava Creek tends to be littered with urban street refuse, litter, lawn clippings, and other solid waste. Extensive patches of very fine particulate matter (“scum”) have also been observed. Other observed problems include nutrient enrichment and elevated fecal coliform counts. During low flow conditions, Eslava Creek typically becomes vertically stratified with a hypoxic bottom layer (ADEM, 1994). Alabama Water Watch volunteer monitoring data shows periods during 2000 of extremely low levels of dissolved oxygen, as low as 0.7 mg/L, or 7% saturation.
Bolton Branch
Bolton Branch is a small stream that joins Eslava Creek to form Dog River. Its upper portion is extensively channelized with riprap and concrete revetments, but it follows a more natural stream course in its lower portion. The Bolton Branch area is developed with older commercial and urban residential construction, with many storm drains and culverts. Only small areas of property remain undeveloped.
Bolton Branch exhibited both elevated fecal coliform and Total Kjeldahl Nitrogen (TKN) levels in the 1994 ADEM study, and is hypoxic in low flow situations. Water clarity and suspended solids have been minimally impacted by land use and stormwater runoff. Bolton Branch is a tidally influenced stream, and, because of this, shows signs of stratification due to a bottom salt wedge (ADEM, 1994).
Robinson Bayou
Robinson Bayou empties directly into Dog River and has a somewhat unaltered channel and drainage. This area has older, primarily residential development, with churches, schools, small shopping centers, and extensive shoreline development in the form of single-unit dwellings. Though most of the homes have either a pier, boat slip, or boat house, most of these structures are built into the stream banks and involved minimal filling of historic wetlands. Most of the waterfront property is vegetated and appears to have little impact on stormwater runoff (ADEM, 1994).
39 Dog River Watershed Management Plan This area has experienced only minor losses of wetlands and bottom habitat. Water clarity and nutrient concentrations showed no sign of degradation related to development in the 1994 ADEM study; however, the area shows elevated levels of fecal coliform and other enteric wastes.
Moore Creek
The Moore Creek basin is a suburban area with residential communities, schools, shopping centers, several light commercial parks, three golf courses, and is undergoing newer, more active development. The Creek is an outfall of a canal system draining a large area of western Mobile, including a portion of the former Wragg Swamp. Its main tributary is the Montlimar Canal.
The upper portion of Moore Creek reaches into the extensively developed Cottage Hill area of Mobile. This area consists of numerous densely populated residential neighborhoods, shopping centers, schools, restaurants, and other developments associated with large impervious surfaces. This stretch of Moore Creek has been subjected to extensive alterations for floodplain control, including bank stabilization, channelization, and culverts. Major reaches have been re-routed and enlarged, grade control structures built, and stream intersections armored. The soils in this area are in the Troup-Heidel-Bama unit, which are sandy loams highly prone to erosion. This creates turbidity and siltation problems in both the upper and lower sections of the Creek.
The lower half of Moore Creek is much less densely populated and has mostly single- unit residences. Waterfront development in this area has not resulted in significant loss to wetland habitat. The soils in this portion of the Creek are of the Bayou-Escambia- Harleston unit, dark humic soils that drain poorly, but are less prone to erosion (ADEM, 1994).
High turbidity and Total Suspended Solids (TSS) values during the 1994 study by ADEM indicate runoff and erosion in the Creek, and numerous deposits, or “bars”, of reddish silt have been observed along the bank and in the shallows. A significant amount of swamp and freshwater marsh along the middle to lower portion of the Creek has been lost due to channelization and storm drainage construction. Moore Creek also consistently exhibits high concentrations of nitrogenous materials and fecal coliform levels which exceed standards for the Creek’s fish and wildlife use classification (ADEM, 1994).
40 Dog River Watershed Management Plan Montlimar Canal
The Montlimar Wragg Swamp Drainage Canal is an urban drainage canal, channelized throughout with concrete revetments and riprap. The Michael Boulevard Canal is its main tributary. It was constructed to assist in the drainage of Wragg Swamp and now serves as a main course of stormwater drainage for a highly developed area. The drainage area is nearly completely developed, and includes a residential neighborhood, several large apartment complexes, shopping centers, office complexes, two golf courses, and an extensive commercial area of warehouses. Montlimar Canal discharges into Moore Creek on the southwestern side of Mobile. The Canal’s Urban land-Smithton-Benndale soils offer poor drainage.
There is little natural plant community along the Canal’s banks, and the loss of wetlands has been almost complete. Montlimar Canal exhibits accumulation of trash and debris, high turbidity, nutrient enrichment, high fecal coliform levels, and exceedingly high nitrate levels (ADEM, 1994).
Halls Mill Creek
The largest tributary in the Dog River Watershed, Halls Mill Creek drains a large area of highly developed west Mobile, and is within Mobile City limits for a large portion of its length. The Creek’s course is relatively unaltered, and its tributary system includes Second Creek, Milkhouse Creek, and Spring Creek. Upper Halls Mill Creek follows a somewhat natural stream course with mostly vegetated banks, and bank stabilizations limited to bridge crossings. This portion of Halls Mill Creek drains hilly west Mobile, in the erosion-prone area that is undergoing the most active development in the Watershed (ADEM, 1994). The lower portion of Halls Mill Creek is a very developed residential area that shows extensive shoreline alteration from bulkheads, piers, and boatslips, most of which appear to have involved the dredging, filling, and draining of wetlands. The Bayou-Escambia-Harleston soils in this portion of the Creek are less erosion-prone, but are poorly drained.
The waters of Halls Mill Creek show high turbidity and siltation, particularly in the upper portion of the Creek. The middle section shows numerous reddish sandy-silty sand bars and silt deposits. Significant inputs of enteric bacterial contamination enter the basin from upstream sources (ADEM, 1994).
41 Dog River Watershed Management Plan Rabbit Creek-Rattlesnake Bayou
The Rabbit Creek and Rattlesnake Bayou areas show the least amount of streambed alteration and channelization, as well as the least amount of development and other impervious coverage in the Dog River Watershed. The waterfront area is extensively developed for residential purposes along Rabbit Creek to the east of Rangeline Road and along the navigable extent of Rattlesnake Bayou. Most residents have bulkheads, piers, boathouses, and/or a dock or boatslip. Such modifications have lead to apparent losses of submerged aquatic vegetation (SAV) and brackish marsh (ADEM, 1994).
Though the area is mostly residential, there is a light commerce park of warehouses, truck transport terminals, and fabrication shops. Three minor industrial facilities operate under NPDES permits in the subwatershed, as previously described. A paint and surface coating manufacturer discharges stormwater drainage from a solvent storage area into Rabbit Creek, and an auto bumper manufacturer discharges treated process wastewater into Rattlesnake Bayou. Also, a soft drink bottling plant operates in the Rabbit Creek sub-basin (ADEM, 1994; EPA, 1999).
Alligator Bayou
Alligator Bayou is the smallest, most southern tributary of the Dog River Watershed, situated in the lowlands near Mobile Bay. Development has been primarily residential, with commercial and light industrial development, including recreational facilities (golf course, ballparks, etc.), shopping centers, schools, businesses, and a major nursery, as well as several marinas are located in the immediate vicinity.
IV. Problem Identification, Project Goals, and Solutions
In its 1997 study of the Dog River Watershed, the USACE noted publicly identified issues and concerns in the basin during an interagency and public involvement seminar held in April 1996. Many of these same problems, as well as additional concerns, were identified by stakeholders in the 1999 meeting facilitated by AUMERC. In response to these problems, stakeholders determined the above-mentioned goals for this Management Plan, and a steering committee developed Action Plans to alleviate these problems. Each Action Plan describes steps to be taken to accomplish the goal and involved parties. Additionally, resources are identified which could be useful in implementing action plans. These items are designated by ò.
42 Dog River Watershed Management Plan Problem: Loss of Habitat
A change of natural hydraulics (slopes, texture of the receiving surface), population density, increased commercialization, previous filling of wetland areas and boating traffic including the use of personal watercraft were all cited as potential causes of habitat loss by the USACE (1997). Habitat loss was also cited as a major concern in the stakeholders and steering committee meetings facilitated by AUMERC in 1999- 2000. Causes of these losses continue to be channelization of creeks, boat and personal watercraft traffic, increased development, and filling of wetlands. Practices mitigating the filling or draining of wetlands within the Watershed are also a major concern to stakeholders. Recently developers are choosing to mitigate outside of the Dog River Watershed (i.e. purchasing mitigation bank credits), instead of on- or off- site mitigation within the Watershed, thus contributing to a net loss of wetlands in the Dog River Watershed.
Goal: Reduce loss of aquatic and riparian habitats. Conserve existing habitats by establishing greenways and other natural areas to improve wildlife habitat and water quality.
Action Plans:
1. Monitor USACE permit applications for bulkheading, wetland filling, hydrological modification, and dredging permits in the Watershed.
ò Permits have been monitored and provided to DRCR for comment by AUMERC since the inception of the Dog River Watershed Project in 1998. This practice should be continued and, if feasible, permits should be mapped on GIS.
2. Public education on benefits (economic, social, and environmental) of riparian zones and impacts of bulkheading.
3. Identify available land for open areas. Completed August 2000
ò Private individuals owning 10 acres or more of land have been identified by the University of South Alabama as suitable for conservation easements, greenways, or other open space uses. Also, owners of large wetland tracts have been identified by ADCNR Coastal Programs through their Special Wetland Acquisition and Management Partnership/Plan (SWAMP) (See Appendix D).
43 Dog River Watershed Management Plan 4. Public education on incentives and other benefits through conservation easements for protection of private lands and identify appropriate organization(s) to manage easements. Utilize existing programs to provide cost share to landowners for habitat restoration activities.
þ Produce a target mailing to large landowners (DRCR, grassroots, inc, AUMURC)
ò Descriptions: Open Space – Open space development creates fewer impervious surfaces and reduces the need to clear and grade large areas of land. Often used for recreation, stormwater management, and/or conservation, land preserved in a natural state needs little maintenance and improves water quality through stormwater reduction and treatment. Greenways - Linear parks or open spaces that provide natural areas for walking, hiking, or bicycling. Conservation Easement – This is a tool that may be used by a landowner to ensure their land remains undeveloped. According to Tammy L. Shaw of the Mississippi- Alabama Sea Grant Legal Program, in a letter to AUMERC dated March 29, 2000, a conservation easement is provided for in the Alabama Code (Sections 35- 18-1 and 35-18-6) and is a legal agreement between a landowner and a holding body (government body, or charitable corporation, association, or trust) which imposes limitations (restrictions) on the uses, or property rights, of all, or a portion of, a parcel of land. These restrictions may include relinquishing the right to develop, improve, or modify the property, or any building on it, in order to retain and protect natural, scenic, or recreational resources, open space use, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological, or cultural aspects of the property. However, the landowner retains the right to sell, gift, or transfer ownership of the property, to reside on the property, develop portions excluded from the easement, and any subsurface mineral rights. Because some, but not all, property rights are transferred, a conservation easement is known as a transfer of limited rights between the landowner and the holder, who is given the right to enforce the easement. In addition, a third party may be given enforcement rights, and this party may be a government body, or charitable corporation, association, or trust. However, typically the landowner remains responsible for maintenance of the tract of land, or a monetary donation is made to the maintaining body (Potter-Witter and Leighty, 1998; Sea Grant, March 2000).
44 Dog River Watershed Management Plan In return, the landowner may receive federal income and inheritance tax benefits, including reduced or avoided inheritance taxes on the property after the landowner’s death, a federal income tax deduction on the gift of the development rights, and lower property tax assessments. The transfer of development rights of property can substantially lower inheritance or estate taxes by reducing land value. In some cases, the estate value may be lowered below the minimum taxable estate, therefor avoiding federal estate taxes. If the easement qualifies under Section 170(h) of the Federal Internal Revenue Code “Qualified Conservation Contributions”, the landowner may deduct up to 30% of his or her adjusted gross income each year for six years (Potter-Witter and Leighty, 1998). Alabama state income tax benefits only occur under the Forever Wild Land Trust program (see below).
Alabama law requires the purpose of a conservation easement to be for maintaining land in a natural scenic, or open space condition for wildlife habitat, for agricultural, recreational, or open space use, or for conserving buildings or other aspects of historic, archaeological, paleontological, or cultural value. Any property that possesses one or more of these values is potentially eligible to be a conservation easement (Sea Grant, March 2000). In order to create a conservation easement, first an appropriate holder must be identified. The Alabama Department of Conservation and Natural Resources is eligible to be a holder for the easement (see Appendix H for contact information). Land may be put into conservation easement for perpetuity, or for any time specifically stated in the agreement. However, federal income tax benefits apply only to perpetual easements. Landowners should consult with a financial advisor and attorney who are experienced in dealing with conservation easements, so that maximum tax benefits are obtained (Potter-Witter and Leighty, 1998; Sea Grant, March 2000).
Forever Wild Land Trust Program – Created by an amendment to the Alabama Constitution, this program allows the State to acquire lands for preservation and protection. State income tax benefits accrue in the amount of twice the ordinary deduction in a conservation easement given to the program. If the State is to maintain the parcel, a cash donation must be made in the amount of 15% of the value of the easement.
45 Dog River Watershed Management Plan Retained Life Estate - Another option for a landowner to protect a piece of land is through the transfer of title through a retained life estate. The property is donated to a charitable organization but the original owner can use the land as usual for a lifetime and perhaps the lifetimes of other members of the immediate family. The original owners retain a “life estate” and the interest given to the charitable organization is called the “remainder interest.” For tax purposes, the deduction available for such a contribution is decreased by the value of the life estate retained by the donor.
ò See Land Development and Resource Protection Ordinances for Local Governments in the Alabama Coastal Area (ACAMP, 2000) for model open space ordinance language and examples of open space ordinances from around the country.
ò Several cost-share incentive programs are available through government agencies to encourage citizen participation in habitat restoration and conservation:
Conservation Reserve Program (CRP) This program reduces sedimentation, improves water quality, and establishes wildlife habitat by encouraging farmers to convert sensitive land to vegetated areas through cost sharing. Contact: USDA, NRCS
Environmental Quality Incentives Program (EQIP) EQIP provides fifty percent of funding to farmers and ranchers who agree to five or ten year contracts. Soil, water and natural resources concerns are addressed through a site conservation plan detailing land management practices. Contact: USDA, NRCS
Wetlands Reserve Program (WRP) A voluntary program to restore wetlands that have previously been drained and converted to agricultural uses, participating landowners can enter into conservation easements permanently or for thirty years, or into cost-share restoration agreements with no easements. A landowner receives payment up to the agricultural value of the land and 100% of restoration costs. A thirty- year easement receives 75% of both land value and restoration costs.
46 Dog River Watershed Management Plan Restoration cost-share agreements are for ten years and provide for 75% of restoration costs. In each case, the landowner continues to control access to their land. Contact: USDA, NRCS
Wildlife Habitat Incentives Program (WHIP) WHIP provides cost-share incentives to develop fish and wildlife habitat on private lands, granted that participants agree to implement a wildlife habitat development plan for a minimum of ten years. Contact: USDA, NRCS
Partners for Fish and Wildlife Program Formerly known as the Partners for Wildlife program, this program offers technical and financial assistance to landowners to restore wetlands and other fish and wildlife habitats by reestablishing native vegetation and ecological communities. The landowner agrees to maintain the restoration project for a minimum of ten years, in exchange for technical advice and funding. Contact: U.S. Fish and Wildlife Service
USACE Section 206: Aquatic Ecosystem Restoration Provides for the restoration and protection of aquatic ecosystems if the project will improve the environment and is in the public interest. Contact: USACE
USACE Section 204: Ecosystem Restoration Projects in connection with dredging Provides for protection, restoration, and creation of aquatic and wetland habitats in connection with construction and maintenance dredging of an authorized project. Contact: USACE
5. Establish a plan for public access to greenways. Completed - City of Mobile Tricentennial Committee
6. Discourage mitigation practices that would contribute to a net loss of wetland habitat for the Dog River Watershed. Identify areas within the watershed that are possible sites for a mitigation bank. Promote mitigation practices that occur within the watershed.
47 Dog River Watershed Management Plan þ Mitigation in upstream riparian banks would be acceptable in coastal wetlands, provided a site cannot otherwise avoid or minimize wetland impacts, and cannot mitigate in a comparable downstream site.
Goal: Promote and encourage land clearing control and land use planning.
Action Plans: 1. Assist the Mobile Planning Department with updating its zoning regulations as needed and requested. þ Provide workshops on effects of urbanization and better site design through ADCNR, DISL, and the statewide Nonpoint Education for Municipal Officials (NEMO) program. ò Certified presenters statewide provide NEMO workshops. See Appendix H for contact information.
2. Work with the City of Mobile to find incentives to encourage redevelopment and discourage sprawl.
ò Jefferson County, Alabama requires development bonds for BMP implementation. ò Florida requires impact fees for sprawl activities.
Toolbox:
ò Description: Overlay Zoning – Imposes additional zoning requirements within a designated area in addition to a municipality’s zoning code. Overlay zoning allows for protection and management of development in environmentally sensitive areas without the requirement of amending existing zoning districts. ò See Appendix E for a model of watershed performance overlay zone regulations from High Point, North Carolina including a Transfer of Development Rights Ordinance from Sarasota, Florida, which allows the transfer of development rights in order to direct development to designated areas while protecting other areas from development. ò See Land Development and Resource Protection Ordinances for Local Governments in the Alabama Coastal Area (ACAMP, 2000).
48 Dog River Watershed Management Plan Goal: Encourage the enforcement of speed control and “no wake” zones for watercraft to reduce stream bank erosion in smaller tributaries.
Action Plans: 1. Work towards installation of “No Wake” signage along smaller tributaries. 2. Cooperate with the Alabama Marine Police to incorporate information into the boaters’ license manual and/or develop a brochure to be distributed with boat registrations.
Problem: Nonpoint Source Pollution
This problem can be broken into three smaller problems that are addressed by a number project goals:
Improper Solid Waste/Debris Disposal
Improper solid waste disposal and illegal dumping were identified as being a continual urban and rural problem that contributes to the degradation of the environment of the Dog River Basin. After heavy rainstorms, Dog River is flooded with litter washing from storm drains and paved areas. Negative human behavior, public apathy, lack of sufficient public receptacles, poor maintenance and lack of enforcement of established laws and regulations were cited as causes (USACE, 1997).
As with habitat loss, litter continues to be a major problem within the Watershed, and the causes remain similar to those stated above. Since the time of the USACE study, the City of Mobile has hired a litter abatement coordinator to resolve some of these litter problems. Keep Mobile Beautiful also recently opened a recycling center and plans to open another in the future. As part of its efforts to promote stakeholder awareness and involvement, AUMERC coordinates Adopt-A-Stream efforts in the Watershed under the program by Alabama People Against A Littered State (PALS). Nine streams within the Watershed have been adopted and cleanups occur at least bi- monthly (Figure 12). Public response to these actions has been strong, but public apathy continues to be a problem.
Sedimentation and Poor Sediment Quality It was theorized that increased urban development, bank erosion, lack of enforcement of existing city and county ordinances regarding best management practices, channelization, poorly maintained dirt roads and loss of fringing wetlands are potential
49 Dog River Watershed Management Plan
Figure 12. Adopted Stream Crossings
50 Dog River Watershed Management Plan causes of increased sedimentation. Malfunctioning and poorly maintained septic tanks, sewer line failure, industrial wastes, the existence of heavy metal contamination in sediments (cause unknown) and uncontrolled runoff contribute to poor sediment quality (USACE, 1997). In its 1994 report, ADEM found that vehicle exhaust, stormwater runoff, and marine paints could cause sediment contamination. It is also possible that contamination could be transported through aerial deposition.
Poor Water Quality
Faulty septic systems, direct discharge (both legal and illegal), loss of wetlands, increased development including golf courses, urban non-organic gardening, use of pesticides, increased runoff, lack of riparian vegetation, the improper maintenance of boats, jet skis, and marinas also contribute to the degradation of water quality of the basin (USACE, 1997).
Goal: Reduce nonpoint source urban stormwater runoff, including litter, and runoff from construction, industrial, and residential areas.
Action Plans: 1. Adapt Baldwin County’s “Greener By the Yard” publication for the Dog River Watershed and distribute to residents and other appropriate institutions. 2. Coordinate with the City of Mobile and Keep Mobile Beautiful to implement litter initiatives.
Toolbox: ò See Land Development and Resource Protection Ordinances for Local Governments in the Alabama Coastal Area (ACAMP, 2000) for model language for ordinances for aquatic buffers, erosion and sediment control, post-construction controls, and stormwater control operation and maintenance. Also included are examples of ordinances from around the country currently in effect.
51 Dog River Watershed Management Plan Goal: Encourage enforcement of existing regulations and Best Management Practices, including larger fines for violations and increased funding for the Alabama Department of Environmental Management. Promote “stop work” authority for building inspectors.
Action Plans: 1. Encourage the use of BMPs by citizens and developers through public outreach programs. þ Utilize AUMERC’s Dog River Watershed Guardians program to promote self- awareness of BMPs through positive reinforcement of BMP usage. þ Provide Better Site Design and NEMO workshops.
2. Promote a city ordinance to cover enforcement of BMPs, etc. not covered by other agencies. þ Conduct a workshop involving the City of Mobile, Mobile County, ADEM, FWS, USACE, Marine Police, and other enforcement agencies, to encourage communication of the regulations and enforcement powers of each body. Toolbox: ò See Land Development and Resource Protection Ordinances for Local Governments in the Alabama Coastal Area (ACAMP, 2000).
Goal: Reduce nonpoint source pollution from septic tank seepage and work with the Mobile Area Water and Sewer Service to reduce sewer overflow events.
Action Plans: 1. Encourage solutions through education and incentives.
þ Cooperate with the MAWSS lateral rehabilitation program (beginning in 2000).
þ Provide workshops for food services on appropriate grease trap size for water use volumes and other available best management practices for these establishments. ò See Appendix F. BMP’s for food service providers.
þ Implement a public education project informing citizens on proper disposal of grease, and of sewer line lateral awareness. (MAWSS, AUMERC)
þ Provide workshops for marinas and publicity for pumpout program. (ADCNR, DISL, AUMERC)
52 Dog River Watershed Management Plan 2. Educate homeowners and businesses on proper septic tank installation, operation and maintenance, use of septic tank filters, and advantages of alternative OSDS.
þ Identify septic tank owners through survey similar to one coordinated by the MBNEP and Baldwin County Public Health Department.
þ Provide a target mailing of educational materials, including Mobile County Department of Public Health publications, on preventive maintenance (MCDPH, AUMERC)
þ Publicize MAWSS financing of connection fees.
þ Identify and publicize funding sources for those who cannot afford sewer connection fees
Toolbox: ò See Land Development and Resource Protection Ordinances for Local Governments in the Alabama Coastal Area (ACAMP, 2000) for model language for ordinances concerning illicit discharges, and working examples.
Flooding The 1997 USACE study also indicated that isolated flooding is a problem in the Watershed, caused by habitat loss, stormwater runoff, and construction in the floodplain. It is expected that as other nonpoint source and habitat loss problems are addressed, flooding will be alleviated.
In addition to those problems that were identified in the 1997 USACE study, stakeholders have identified the following as problems for the Dog River Watershed.
Problem: Lack of Planning and Zoning for Mobile County
At this time, the Mobile County Commission is limited in their actions, as they do not have home rule. This lack of authority and resulting lack of structural controls has proven to be detrimental to the habitat and water quality of the Dog River Watershed. However, it has been recognized by the Steering Committee, that the Alabama Legislature provides for subdivision and zoning
53 Dog River Watershed Management Plan within large counties such as Mobile. Therefore, the following goal was revised by the Steering Committee to cooperate with both the City and County to work within their existing structure in educating public officials as to the need for better planning and zoning.
Goal: Promote limited home rule legislation for Mobile County for environmental issues, including planning and zoning authority.
Action Plans:
1. Educate Mobile Planning Commission to the effects of urbanization and the importance of proper site design. þ Target planning commissioners with an effects of urbanization and better site design workshop. Follow with NEMO workshops as needed. (ADCNR, DISL, AUMERC) þ Provide workshops for citizens and municipal officials.
2. Educate the public on the importance of planning and zoning. þ Implement programs including, but not limited to, murals on buildings and posters on city park kiosks. þ Cooperate with the Mobile Press Register’s planned series on sprawl and proper development.
Goal: Pursue the development of a watershed management authority or watershed conservancy district.
Action Plan: At this time, no group is interested in forming such a body. If such time should arise, it would be feasible for that group to use this management plan as a work outline; however, until such time, existing groups and agencies should work together to implement and update these action strategies. Toolbox: ò Descriptions: Watershed Management Authority – Enabled by the Alabama State Legislature in 1991, a Watershed Management Authority is a unit of state government whose purpose is to develop and execute plans and programs relating to conservation of water, water usage, flood prevention and control, water pollution control, wildlife habitat protection, agricultural and timber land
54 Dog River Watershed Management Plan protection, erosion prevention and control, floodwater and sediment damages. An Authority must encompass at least 50 square miles within a defined watershed, and may include more than one watershed. At least 25 residents must petition the board of supervisors of the Soil and Water Conservation District, who then determines feasibility. If the petition is approved, the board then determines the number of board of directors and appoints a board of directors, who serve a term of 2-4 years. The board of supervisors then determines whether future board members shall be appointed or elected. Powers of a Watershed Management Authority include: - Existence as a state body, - Acquire, lease, and sell land, - Construct, operate, and maintain structures, - Borrow money, - Sue and be sued, - Tax-exempt status, - Accept gifts, donations, and contributions, - Employ employees, who are then state employees, - Use of the state Attorney General, - Have a seal, - Have perpetual succession, - Issue bonds. At any time, the board of directors may file discontinuance. For more information, see Appendix G Section 1. Code of Alabama 1975 Title 9 Chapter 10A.Watershed Management Authorities. At this time, only one Watershed Management Authority exists, the Choctawhatchee, Pea, and Yellow Rivers Watershed Management Authority. See Appendix H for contact information.
Watershed Conservancy District – A Watershed Conservancy District is a division of the Soil and Water Conservation District. The purpose of a District is to develop and execute plans and programs relating to the conservation of water, water usage, flood prevention and control, erosion prevention and control, floodwater and sediment damages. At least 25 landowners within a Soil and Water Conservation District may petition the board of supervisors of the Soil and Water Conservation District, who then determines feasibility. A referendum is the held within the proposed district. All landowners within the District vote on a board of directors (5 members serving a 4-year term). The powers of a Watershed Conservancy District include: - Acquire, lease, and sell lands,
55 Dog River Watershed Management Plan - Construct, operate, and maintain structures, - Borrow money, - Sue and be sued, - Tax-exempt status, - Accept donations, gifts, and contributions, - Employ employees, - Issue bonds. After five years, 25 or more landowners in the District may petition for the district to be discontinued. The matter then goes to a referendum. If discontinued, the county commission would then serve in the same capacity as the board of supervisors. For more information, see Appendix G Section 2. Code of Alabama 1975 Title 9 Chapter 8 Article 3. Watershed Conservancy Districts. At this time, one Watershed Conservancy District exists in Alabama, the Flint Creek Conservancy District. See Appendix H for contact information.
Problem: Lack of Stakeholder Education and Involvement
No watershed management project can be successful without the support of the citizens of the watershed. Citizens of the Dog River Watershed as a whole have been historically apathetic to environmental conditions. This has been due, in part to a lack of public information and education about these issues. An integral part in improving conditions in the Dog River Watershed will be continuing efforts to educate the public.
Goal: Implement a public outreach and awareness program, including K-12 education, involving the concepts of watershed responsibilities and “environmentally friendly” development.
Action Plans:
1. Investigate coordination with the Mobile County Public School System to distribute informational packets to all science teachers on an annual basis. 2. Investigate coordination with the Mobile County Public School System to develop a permanent display and/or program on the Watershed at the Environmental Studies Center, expanding on the already existing Project Making Aquatic Connections (MAC), funded by Mississippi-Alabama Sea
56 Dog River Watershed Management Plan Grant, or adapting the Baldwin County Master Environmental Educator program. 3. Continue the Storm Drain Stenciling program in coordination with the MBNEP. 4. Continue the Dog River Watershed Guardians Program. 5. Continue community watershed seminars in conjunction with DRCR. 6. Continue public speaking engagements, printed material distribution, and traveling display. 7. Continue support of the Adopt-A-Stream program (Alabama PALS). 8. Continue support of Alabama Water Watch citizen water quality monitoring. 9. Continue with Dog River zone at Luscher (Navco) Park for Alabama Coastal Cleanup. 10. Distribute informational brochures to public libraries and boating supply stores. 11. Coordinate with the City of Mobile and other partners to label stream crossings in the Watershed and to install “You Are In the Dog River Watershed” signage. 12. Increase the installation of “You Are Entering the Dog River Watershed” signage. 13. Investigate feasibility of developing “You Are In the Dog River Watershed” billboards. 14. Coordinate with other agencies to develop and distribute informational postcards to watershed residents. Completed September 2000– AUMERC & MAWSS. 15. Continue other public relations and media activities.
Goal: Coordinate and partner with other agencies, including the Mobile Bay National Estuary Program, the Corps of Engineers, and ADEM, to achieve the objectives and strategies described.
V. Future Needs
In order to insure the success of this plan, future funding sources will be necessary to complete the projects listed above, particularly action items concerning workshops and other public outreach and education activities.
Additionally, this plan must be revised every five years at a minimum, so that progress can be gauged and reported to the watershed stakeholders, and that goals and action plans be assessed.
57 Dog River Watershed Management Plan VI. Conclusion
The residents, business owners, agencies, and local governments of the Dog River Watershed have given their time and efforts to organize the strategies necessary to improve the water quality of the Dog River, and with it, the quality of life of its water- shed. These efforts will continue in order to implement the action plans presented in this document, as well as update and revise strategies as needed.
58 Dog River Watershed Management Plan References
Alabama Coastal Area Management Program. Land Development and Resource Protection Ordinances for Local Governments in the Alabama Coastal Area. Alabama Department of Conservation and Natural Resources Coastal Programs, Daphne,AL. September 2000.
Alabama Department of Environmental Management. 1998 Section 303(d) List for Alabama.
Alabama Department of Environmental Management. A Survey of the Dog River Watershed: An Overview of Land Use Practices and an Assessment of Effects of Development on the Natural Resources of the Basin. ADEM Coastal Programs Office, Mobile, AL. May, 1994.
Alabama Department of Environmental Management Coastal Program. A Survey of the Dog River Watershed: Second Year’s Findings: A Review of Ongoing Development in the Basin and an Assessment of the Effects of Urban Non-Point Sources on Aquatic Resources in the Basin. ADEM Coastal Program Office, Mobile, AL. November 1995.
Alabama Department of Environmental Management. A Sediment Chemistry Baseline Study of Coastal Alabama. G. Halcomb, ed. ADEM Coastal Program Office, Mobile, AL. 1991.
Freeman, J.D., A.S. Causey, J.W. Short and R.R. Hayes. Endangered, Threatened and Special Concern Plants of Alabama. J. Ala. Acad. Sci. 50(1): 1-26. 1979.
Friend, John H., M. Lyon, N.N. Garrett, J.L. Borom, J. Ferguson, and G.D. Lloyd. Alabama Coastal Region Ecological Characterization. Volume 3: A Socioeconomic Study. U.S. Fish and Wildlife Service, Office of Biological Services, Washington, D.C. FWS/OBS- 82/41. 1982.
O’Neil, P.E., and M.F. Mettee. Alabama Coastal Region Ecological Characterization. Volume 2: A Synthesis of Environmental Data. U.S. Fish and Wildlife Service, Office of Biological Services, Washington, D.C. FWS/OBS-82/42. 1982.
Potter-Witter, Karen and Leighton Leighty. “Reduce Your Taxes with Conservation Easements”, http://wildfire.for.msu.edu/extdocs/easemnt.htm, 1998.
Shaw, Tammy L. Personal correspondence. Mississippi-Alabama Sea Grant Legal Program, March 29, 2000.
South Alabama Regional Planning Commission. Dog River Watershed Land Use. SARPC, Mobile, AL. April 2000.
59 Dog River Watershed Management Plan
South Alabama Regional Planning Commission. Preliminary Estimates of Population Changes by Area in Mobile County. SARPC, Mobile, AL. 1981.
South Alabama Regional Planning Commission. Water Systems Planning Report: Mobile County, Alabama. SARPC, Mobile, AL. June 1994.
South Alabama Regional Planning Commission. An Investigation of Management Alternatives for the Dog River Watershed Mobile County and City, Alabama. SARPC, Mobile, AL. October 1997.
U. S. Army Corps of Engineers. Draft: Reconnaissance Study Report, Dog River, Alabama. U.S. Army Corps of Engineers, Mobile District. January 31, 1997.
U.S. Army Corps of Engineers. Baseline Data Collection, Environmental Monitoring Program, Theodore Ship Channel and Barge Channel Extension, Mobile Bay, AL. U.S. Army Corps of Engineers, Mobile District, Mobile, AL. DACWO-78-C-0010. 1985.
U.S. Department of the Interior. Threatened or Endangered Flora or Fauna: Review of Status of Vascular Plants. Federal Register 40:27825-27924. 1975.
U.S. Environmental Protection Agency. Guidance for Water Quality-based Decisions: The TMDL Process. EPA 440/4-91-001. Assessment and Watershed Protection Division: Washington, D.C., April 1991.
U.S. Environmental Protection Agency. Better Assessment Science Integrating Point and Nonpoint Sources (BASINS), version 2.0. Office of Water: Washington, D.C., September 1996.
U.S. Geological Survey. National Water Summary 1988-89 – Floods and Droughts: State Summaries: Alabama. U.S. Geological Survey – Supply Paper 2375.
University of South Alabama Center for Archaeological Studies’ Old Mobile Archaeology website. http://www.southalabama.edu/archaeology/old_mobile/dog- river_bridge.htm, March 28, 2000.
60 Dog River Watershed Management Plan
Appendices Dog River Watershed Management Plan
Appendix A.
September 1999 Stakeholders Meeting: Minutes, Invitees, and Attendees Dog River Watershed Management Plan
Dog River Watershed Stakeholders Meeting September 23, 1999 Minutes
Attendance A list of attendees is attached.
Welcoming Comments and Overview
Dr. Richard Wallace of the Auburn University Marine Extension and Research Center (AUMERC) welcomed attendees and acknowledged the other sponsors of the meeting, the Alabama Department of Economic and Community Affairs Coastal Zone Management Program and the South Alabama Regional Planning Commission (SARPC). He then gave an overview of the meeting agenda and stated the purpose of the meeting: To define general goals for the Dog River Watershed Management Plan and to establish a Steering Committee to further implement these goals.
Dr. Wallace then introduced Jody Scanlan, also of AUMERC, and Ms. Scanlan discussed the project background, beginning with the study of the Watershed by ADEM in 1994, which identified the following problems in the Watershed: lack of public awareness, habitat loss, water quality, litter, polluted runoff, erosion and sedimentation, and flooding. Ms. Scanlan also discussed the series of stakeholders meetings held by SARPC in 1997 that concluded enforcement of existing regulations and expanding existing infrastructure to be the management alternatives given top priority by the stakeholders.
Ms. Scanlan explained the objective of the meeting was to set broad goals for the Dog River Watershed Plan and to construct a steering committee that will explore action plans to meet these goals. She then presented examples of goals from the Perdido Basin and Weeks Bay Management Plans as well as recommendations made by the Corps of Engineers during their 1997 Reconnaissance Study of the Watershed.
At that point, attendees were asked to join the breakout groups to discuss these topics. The following is a summary of the goals identified by the breakout groups: 1. Reduce loss of aquatic and riparian habitats. Conserve existing habitats by establishing greenways and other natural areas to improve wildlife habitat and water quality. 2. Promote limited home rule legislation for Mobile County for environmental issues, including planning and zoning authority. 3. Reduce nonpoint source urban stormwater runoff, including litter, and runoff from construction, industrial, and residential areas. Dog River Watershed Management Plan 4. Reduce nonpoint source pollution from septic tank seepage and work with the Mobile Area Water and Sewer Service to reduce sewer overflow events. 5. Encourage enforcement of existing regulations and Best Management Practices, including larger fines for violations and increased funding for the Alabama Department of Environmental Management. Promote “stop work” authority for building inspectors. 6. Promote and encourage land clearing control and land use planning. 7. Pursue the development of a watershed management authority. 8. Encourage the enforcement of speed control and “no wake” zones for watercraft to reduce stream bank erosion in smaller tributaries. 9. Implement a public outreach and awareness program, including K-12 education, involving the concepts of watershed responsibilities and “environmentally friendly” development. 10. Coordinate and partner with other agencies, including the Mobile Bay National Estuary Program, the Corps of Engineers, and ADEM, to achieve the objectives and strategies described.
Following the summary of the breakout groups, the meeting was adjourned. Dog River Watershed Management Plan
Appendix B.
Facilities within the Dog River Watershed Operating Under an NPDES Permit (from the Environmental Protection Agency website www.epa.gov, 1999) Dog River Watershed Management Plan Facility Name: Dog River Marina and Boat Works EPA Facility ID: ALD982123879 NPDES Permit: AL0064874 Location: 5004 Dauphin Island Pkwy Mobile, AL SIC code: 3732 SIC description: Boatbuilding and repairing Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00400 pH 1 00980 Iron Total Recoverable 1 01094 Zinc Total Recoverable 1 01102 Tin, Total (As Sn) 1 01104 Aluminum, Total Recoverable 1 01114 Lead Total Recoverable 1 01119 Copper Total Recoverable 1 03582 Oil And Grease 1 50050 Flow, In Conduit Or Thru Treatment Plant 1 81017 Chemical Oxygen Demand(COD) 1 Dog River Watershed Management Plan
Facility Name: Grand Bumper & Wheels Inc. EPA Facility ID: ALD008214090 Superfund Site ID: 0400155 NPDES Permit: ALG120036 Location: 1654 Navco Rd Mobile, AL SIC code: 3471 SIC description: Plating and polishing
Chemicals Released to Surface Water
Chromium 5lbs/yr Nickel 5lbs/yr
Water Discharge Permit Information (PCS)
This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00400 pH 1 00530 Solids, Total Suspended 1 00600 Nitrogen, Total (As N) 1 00680 Carbon, Total Organic (TOC) 1 00720 Cyanide, Total (As CN) 1 00951 Fluoride, Total (As F) 1 00978 Arsenic, Total Recoverable 1 01009 Barium Total Recoverable 1 01074 Nickel Total Recoverable 1 01079 Silver Total Recoverable 1 01092 Zinc, Total (As Zn) 1 01104 Aluminum, Total Recoverable 1 01113 Cadmium Total Recoverable 1 01114 Lead Total Recoverable 1 01118 Chromium Total Recoverable 1 01119 Copper Total Recoverable 1 03582 Oil And Grease 1 50050 Flow, In Conduit Or Thru Treatment Plant 1 71900 Mercury, Total(As Hg) 1 78223 Total Toxic Organics (TTO) (40CFR413) 1 Dog River Watershed Management Plan Facility Name: Federal Express Corporation EPA Facility ID: ALD983168204 NPDES Permit: ALG140488 Location: 840 Lakeside Dr Mobile, AL SIC code: 4513 SIC description: Air courier services Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00400 pH 2 00530 Solids, Total Suspended 2 00660 Phosphate, Ortho (As PO4) 1 00665 Phosphorus, Total (As P) 1 01114 Lead Total Recoverable 1 03582 Oil And Grease 2 30383 Benzene, Ethylbenzenetoluene, Xylene Combn 1 34696 Naphthalene 1 50050 Flow, In Conduit Or Thru Treatment Plant 2 Dog River Watershed Management Plan
Facility Name: Coca-Cola Bottling Co. Consolidated EPA Facility ID: ALD982094062 NPDES Permit: ALG150057 Location: 5300 Coca Cola Rd Mobile, AL SIC code: 2086 SIC description: Bottled and canned soft drinks Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00011 Temperature, Water Deg. Fahrenheit 1 00310 BOD, 5-Day (20 Deg. C) 3 00400 pH 4 00530 Solids, Total Suspended 3 00625 Nitrogen, Kjeldahl Total (As N) 3 00630 Nitrite Plus Nitrate Total 1 Det. (As N) 3 00665 Phosphorus, Total (As P) 3 03582 Oil And Grease 3 50050 Flow, In Conduit Or Thru Treatment Plant 4 50060 Chlorine, Total Residual 1 Dog River Watershed Management Plan Facility Name: Quality Bumpers Of Mobile LLC EPA Facility ID: ALD055608012 NPDES Permit: ALG120302 Location: 5561 Todd Acres Drive Mobile, AL SIC code: 3471 SIC description: Plating and polishing Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below: PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00400 pH 1 00530 Solids, Total Suspended 1 00600 Nitrogen, Total (As N) 1 00680 Carbon, Tot Organic (TOC) 1 00720 Cyanide, Total (As CN) 1 00951 Fluoride, Total (As F) 1 00978 Arsenic, Total Recoverable 1 01009 Barium, Total Recoverable 1 01074 Nickel Total Recoverable 1 01079 Silver Total Recoverable 1 01092 Zinc, Total (As Zn) 1 01104 Aluminum, Total Recoverable 1 01113 Cadmium Total Recoverable 1 01114 Lead Total Recoverable 1 01118 Chromium Total Recoverable 1 01119 Copper Total Recoverable 1 03582 Oil And Grease 1 50050 Flow, In Conduit Or Thru Treatment Plant 1 71900 Mercury, Total (As Hg) 1 78223 Total Toxic Organics (TTO) (40CFR413) 1 Dog River Watershed Management Plan
Facility Name: Allwaste Services Of Mobile Inc EPA Facility ID: AL0002066108 NPDES Permit: ALG140597 Location: 4531 Hamilton Blvd Mobile, AL SIC code: 4213 SIC description: Trucking, except local Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00400 pH 1 00530 Solids, Total Suspended 1 00665 Phosphorus, Total (As P) 1 01114 Lead Total Recoverable 1 03582 Oil And Grease 1 30383 Benzene, Ethylbenzenetoluene, Xylene Combn 1 34696 Naphthalene 1 50050 Flow, In Conduit Or Thru Treatment Plant 1 Dog River Watershed Management Plan Facility Name: Praxair Inc EPA Facility ID: ALD980559835 NPDES Permit: AL0027715 Location: 4077 Hamilton Boulevard Theodore, AL SIC code: 2813 SIC description: Industrial gases Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00011 Temperature, Water Deg. Fahrenheit 1 00400 pH 1 00530 Solids, Total Suspended 1 00550 Oil And Grease (Soxhlet Extr.) Tot. 1 01042 Copper, Total (As Cu) 1 50050 Flow, In Conduit Or Thru Treatment Plant 1 50060 Chlorine, Total Residual 1 Dog River Watershed Management Plan
Facility Name: Taylor-Wharton Cryogenics EPA Facility ID: ALD085774875 NPDES Permit: AL0026247 Location: 4075 Hamilton Blvd Theodore, AL SIC code: 3443 SIC description: Fabricated plate work (boiler shop) Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00530 Solids, Total Suspended 1 00550 Oil And Grease (Soxhlet Extr.) Tot. 1 00680 Carbon, Tot Organic (TOC) 1 50050 Flow, In Conduit Or Thru Treatment Plant 1 50060 Chlorine, Total Residual 1 Dog River Watershed Management Plan Facility Name: Mobile Transit Authority EPA Facility ID: ALD119728046 NPDES Permit: ALG140110 Location: 1224 S Beltline Hwy Mobile, AL SIC code: 4111 SIC description: Local and suburban transit
Water Discharge Permit Information (PCS)
This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00400 pH 3 00530 Solids, Total Suspended 3 00660 Phosphate, Ortho (As PO4) 2 00665 Phosphorus, Total (As P) 1 01114 Lead Total Recoverable 1 03582 Oil And Grease 3 30383 Benzene, Ethylbenzenetoluene, Xylene Combn 1 34696 Naphthalene 1 50050 Flow, In Conduit Or Thru Treatment Plant 3 Dog River Watershed Management Plan
Facility Name: Gaf Building Materials Corp EPA Facility ID: ALD084367960 NPDES Permit: AL0003506 Location: 2400 Emogene Street Mobile, AL SIC code: 2952 SIC description: Asphalt felts and coatings Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00011 Temperature, Water Deg. Fahrenheit 3 00550 Oil And Grease (Soxhlet Extr.) Tot. 5 50050 Flow, In Conduit Or Thru Treatment Plant 5 Dog River Watershed Management Plan Facility Name: Mobile Paint Mfg. Co. Inc EPA Facility ID: ALD008163115 NPDES Permit: ALG170010 Location: 4775 Hamilton Blvd. Theodore, AL SIC code: 2851 SIC description: Paints, varnishes, lacquers, enamels, and allied products Water Discharge Permit Information (PCS) This facility has permits to discharge the following chemical/substances through the points (pipes) listed in the table below:
PARAMETER CODE PARAMETER DESCRIPTION NUMBER OF DISCHARGE POINTS 00400 pH 1 03582 Oil And Grease 1 30383 Benzene, Ethylbenzenetoluene, Xylene Combn 1 50050 Flow, In Conduit Or Thru Treatment Plant 1 Dog River Watershed Management Plan
Appendix C.
Floral and Faunal Species of the Dog River Watershed
From Alabama Department of Environmental Management, 1994 Dog River Watershed Management Plan Floral species of the Dog River Watershed
Uplands
Longleaf pine Pinus palustrus Southern red oak Quercus falcata Laurel oak Quercus hemispherica Dogwood Cornus florida Southern magnolia Magnolia grandiflora Persimmon Diospyros virginiana Winged sumac Rhus copallina Sparkleberry Vaccinium arboreum Blueberry Vaccinium elliotti Huckleberry Gaylussicia dumosa Foxglove Agalinis spp. Milkweed Asclepias spp. Sandhill lupine Lupinus diffusus Goldenrod Solidage spp. Panic grasses Panicum spp. Broomsedges Andropogon spp. Windmill grass Gymnopogon ambiguus Slash pine Pinus elliottii Saw palmetto Serenoa repens St. John’s wort Hypericum fasciculatum Wax myrtle Myrica cerifera Pitcher plants Sarricenia spp. Sundew Drosera spp. Butterworts Pinguicula spp. Black titi Cliftonia monophylla Orchid species Pogonia ophioglossoides Habenaria spp. Spiranthes spp. Groundsel tree Baccharis halimifolia Marsh elder Iva frutescens Yaupon Ilex vomitoria
Wetlands
Sedges Cyperus spp. Grasses Panicum spp. Reed Phragmites australis Wild rice Zizania aquatica Alligator weed Alternanthera philoxeriodes Broad-leaved arrowhead Sagittaria latifolia Cattails Typha spp. Swamp tupelo Nyssa sylvatica Dog River Watershed Management Plan
Red maple Acer rubrum spp. Sweet gum Liquidamber styraciflua Bald cypress Taxodium distichum Wax myrtle Myrica cerifera Yaupon Ilex vomitoria Green briar Smilax spp. Muscadine Vitas rotundifolia Pepper bush Clethera alnifolia Bulrush Scirpus spp. Sawgrass Cladium jamaicense Wildmillet Echinochloa cusgalli Torpedo grass Panicum repens Giant cordgrass Spartina cynosuroides Spike grass Distichlis spicata Black needlerush Juncus roemerianus
Submerged Grassbeds
Water nymph Najas guadalupensis Coontail Ceratophyllum demersum Pondweed Potemogeton spp. Tapegrass Vallisneria americana White waterlily Nymphaea odonata Floating heart Nymphoides aquatica Bladderwort Utricularia spp. Dog River Watershed Management Plan Faunal species of the DRW
Invertebrates (from ADEM, 1995)
Hydrozoa Hydra americana Oligochaeta Ilyodrilus templetoni Limnodrilus claparedianus Limnodrilus cervix Spirosperma ferox Branchiura sowerby Polychaeta Amphectis gunneri Hobsonia florida Laeonereis culveri Neanthes micromma Mediomatus ambeseta Streblospio benedicti Polydora cornuta Parandalia americana Hirudinea Placobdella ornata Insecta Coelotanypus scapularis Chironomus stageri Clinotanypus pinguis Cryptochironomus fulvus Glyptotendipes meridionalis Procladius bellus Dicrotendipes neomodestus Bezzia/Probezzia spp. Caenis diminuta Amphipoda Corophium louisianum Grandierellia bonnieroides Gammarus mucronatus Dog River Watershed Management Plan
Myscidacea Bowmanella floridana Pelecypoda Rangia cuneata Mulinia ponchartrainensis
Fish
Redear sunfish Lepomis microlophus Bluegill Lepomis macrochirus Orange-spotted sunfish Lepomis punctatus Longear sunfish Lepomis megalotis Green sunfish Lepomis cyanellus Black crappie Pomoxis nigromaculatus White crappie Pomoxis annularis Catfish Ictalurus spp. Largemouth bass Micropterus salmoides Southern flounder Paralichthys lethostigma Striped mullet Mugil cephalus shiners Notropis spp. Sheepshead minnow Cyprinodon variegatus topminnows and killifishes Fundulus spp. Tidewater silverside Menidia beryllinna
Reptiles and Amphibians
toads Bufo spp. tree frogs Hyla spp. Bullfrog Rana catsebeiana Cricket frog Acris spp. salamanders Ambystoma spp. Pseudotriton spp. skinks Eumeces spp. Green anole Anolis carolinensis carolinensis Gulf Coast box turtle Terrapene carolina major Mississippi diamondback terrapin Malaclemys terrapin pileata Snapping turtle Chelydra serpentina serpentina Gopher tortoise Gopherus polyphemus Cooters Pseudemys spp. Grey rat snake Elaphe obsoleta spiloides Southern black racer Coluber constrictor priapus Copperhead Agkistrodon contorix contorix water snakes Nerodia spp. Pigmy rattlesnake Sistrurus miliarius Canebrake rattlesnake Crotalus horridus Diamondback rattlesnake Crotalus adamantus American alligator Alligator mississipiensis Dog River Watershed Management Plan Birds
Permanent resident species
Red-tailed hawk Buteo jamaicensis Balck vulture Coragyps atratus Turkey vulture Cathartes aura Bobwhite Colinus virginianus Turkey Meleagris gallopavo American woodcock Philohela minor Mourning dove Zenaida macroura Chuck-will’s-widow Camprimulgus carolinensis Screech owl Otus asio Barred owl Strix varia Carolina chickadee Parus carolinensis Carolina wren Thyrothorus ludovicianus Mockingbird Mimus polyglottus Brown thrasher Toxostoma rufum Red-winged blackbird Agelaius phoeniceus Cardinal Cardinalis cardinalis Rufus sided towhee Pipilo erythrophthalmus Killdeer Charadrius vociferus Snowy plover Charadrius alexandrinus Foster’s tern Sterna forsteri Laughing gull Larus atracilla Black skimmer Rynchops niger Brown pelican Pelacanus occidenalis Great blue heron Ardea herodias Snowy egrat Egretta thula Black-crowned night heron Nycticorax nycticorax Clapper rail Rallus longiostris
Winter resident species
Yellow bellied sapsucker Sphyrapicus varius Scissortailed flycatcher Muscivora forficata Eastern phoebe Sayornis phoebe Bewick’s wren Thryomanes bewicki House wren Troglodytes aedon Winter wren Troglodytes troglodytes Robin Turdus migratorius Sharp-tailed sparrow Ammospiza caudacuta Evening grosbeak Hesperiphona vespertina Whip-poor-will Caprimulgus vociferus Common loon Gavia immer Horned grebe Podiceps auritus Double-crested cormorant Phalacrocorax auritus Dog River Watershed Management Plan
Hooded merganser Lophodytes cucullatus Common merganser Mergus merganser Pintail Anas acuta Green-winged teal Anas crecca Mallard Anas platyrhinchos American coot Fulica americana Semipalmated plover Charadrius semipalmatus Caspian tern Hydroporgne caspia Bonaparte’s gull Larus philadelphia White pelican Pelacanus erythrorhynchos Marsh hawk Circus cyaneus
Summer resident species
Cattle egret Bubulcus ibis Common nighthawk Chordiles minor Chimney swift Chaetura pelagica Acadian flycatcher Empidonax virescens Great-crested flycatcher Myiarchus crinitus Barn swallow Hirundo rustica Purple martin Progne subis Wood thrush Hylocichla mustelina Swainson’s warbler Limnothlypis swainsonii Prothonotory warbler Protonotaria citrea Summer tanager Piranga rubra Green heron Butroides virescens Little blue heron Florida caerula Louisiana heron Hydranassa tricolor Least bittern Ixobruchus exilis Yellow-crowned night heron Nyctanassa violacea Osprey Pandian haliaetus Least tern Sterna albafrons Royal tern Thalasseus maximus Sandwich tern Thalasseus sandvicenis
Migrant species
warblers Dendroica spp. flycatchers Empidonax spp. Cliff swallow Petrochelidon pryrronota Blue grosbeak Guiraca caerulea Bobolink Dolichonyx orzivorus Ruby-throated hummingbird Archilochus colubris American bittern Botalurus letigenosus Perigrine falcon Falco perigrinus Canada goose Branta canadensis Blue goose Chen caerulescens Dog River Watershed Management Plan
Black rail Lateralis jamaicensis Spotted sandpiper Actitis macularia Stilt sandpiper Micropalama himantopus Black tern Childonias niger Roseate tern Sterna dougalli
Mammals
Opposum Didelphis marsupialis pigra Eastern cottontail rabbit Sylvilagus floridanus mallurus Grey squirrel Sciurus carolinensis carolinensis Striped skunk Spilogale putorius putorius Raccoon Procyon lotor varius Swamp rabbit Sylvilagus aquaticus littoralis Beaver Castor canadensis carolinensis Louisiana muskrat Ondatra zibethicus rivalicius River otter Lutra canadensis canadensis Mink Mustella vison mink White-tailed deer Odocoileus virginianus Bobcat Lynx rufus floridanus Grey fox Urocyon cinereoargenteus floridanus Florida black bear* Ursus americanus floridanus Red wolf * Canis niger Florida panther* Felis concolor coryl Nine-banded armadillo+ Dasypus novemcinctus mexicanus Black rat+ Rattus rattus Norway rat+ Rattus norvegicus House mouse+ Mus musculus brevirostris Nutria+ Myocastor coypus bonariensis Bottlenose dolphin Tursiops truncatus Spotted dolphin Stenella plagiodon Florida manatee Trichetus manatus latirostris
* Once common, these species are very rarely observed in the DRW + Exotic introduced species Dog River Watershed Management Plan
Appendix D.
Identification of Landowners of Ten or More Acres (compiled by Kim Marchant, Department of Geography, Geology, and Meteorology, University of South Alabama, 2000)
Special Wetland Acquisition & Management Partnership/Plan (SWAMP) Dog River Watershed Management Plan
Appendix E.
Model Ordinance: Watershed Overlay Zoning District High Point, NC Dog River Watershed Management Plan
Appendix F.
Best Management Practices for Food Service Providers
From: Fats, Oils, and Grease Best Management Practices Manual: Information, Pollution Prevention, and Compliance Information for Publicly-Owned Treatment Plants, Oregon Association of Clean Water Agencies, www.oracwa.org Dog River Watershed Management Plan
Appendix G.
Section 1. Code of Alabama 1975 Title 9 Chapter 10A. Watershed Management Authorities.
Section 2. Code of Alabama 1975 Title 9 Chapter 8 Article 3.Watershed Conservancy Districts. Dog River Watershed Management Plan Article 3 Watershed Conservancy Districts. Section 9-8-50 Definitions. For the purpose of this article, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning: (1) Watershed conservancy district or watershed district. A subdistrict of a soil and water conservation district which constitutes a governmental subdivision of this state and a public body, corporate and politic, organized in accordance with the provisions of this article for the purposes, with the powers and subject to the restrictions set forth in this article. (2) Director. One of the members of the governing body of a watershed conservancy district. (3) Board of directors. The governing body of a watershed conservancy district. (4) Supervisor. A supervisor of a soil and water conservation district in which a watershed conservancy district is situated. (5) Board of supervisors. The governing body of the soil and water conservation district in which a watershed conservancy district is situated or, if the watershed conservancy district is situated in more than one soil and water conservation district, the joint governing bodies of such districts. (6) Landowner or owner of land. Any person, firm or corporation who shall hold legal or equitable title to any land lying within a watershed conservancy district organized or proposed to be organized under this article; (7) Due notice. Notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation is available, by posting notice in at least three public places in each county lying in whole or in part within the designated area. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
Section 9-8-51 Creation authorized. Subdistricts of a soil and water conservation district, as defined by the laws of this state, may be formed in any watershed area in such soil and water conservation district for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, erosion prevention and control of erosion, floodwater and sediment damages. Such subdistricts shall be known as watershed conservancy districts.
Section 9-8-52 Lands which may be embraced in districts. The land area embraced in any watershed conservancy district must be contiguous and must lie within a well-defined watershed. The area shall not include lands not included within a soil and water conservation district or lands embraced within another watershed conservancy district. Such districts may embrace lands lying in one or more soil and water conservation districts. Dog River Watershed Management Plan
Section 9-8-53 Petition for formation of district:Generally. When 25 or more landowners within a proposed watershed conservancy district or, if less than 50 landowners are involved, a majority of the landowners in such proposed district desire to form a watershed conservancy district, they shall file a petition with the board of supervisors of the soil and water conservation district. Such petition shall define the boundaries of the proposed watershed conservancy district, the number of acres of land involved, reasons for requesting creation of such district, the proposed name for such watershed conservancy district and other information pertinent to such proposal.
Section 9-8-54 Petition for formation of district: Where proposed district lies in more than one soil and water conservation district. If the proposed watershed conservancy district lies in more than one soil and water conservation district, the petition may be presented to the board of supervisors of any one of such soil and water conservation districts, and the supervisors of all such districts shall act as a joint board of supervisors in the formation and supervision of such a watershed conservancy district.
Section 9-8-55 Hearing upon petition; denial or approval of petition. (a) Within 30 days after such petition has been filed with the board of supervisors, it shall cause due notice to be given of a proposed hearing upon the practicability and feasibility of creating such water conservancy district. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion, provided the land area involved still meets the requirements of section 9-8-52. (b) If it appears upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After final hearing, if the board of supervisors determines upon the facts presented at the hearing and upon other available information that there is need in the interest of the public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and shall define, by metes and bounds or by other satisfactory description, the boundaries of the district. (c) If the board determines after the hearing that it is not feasible for such district to function in the territory considered, it shall make and record the determination and shall deny the petition.
Section 9-8-56 Referendum upon creation of district:Notice of referendum; appointment of polling superintendent, etc. After the board of supervisors has made and recorded a determination that there is need in the interest of the public health, safety and welfare for creation of the proposed watershed conservancy district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon such districts in section 9-8-61 is administratively practicable and feasible. To assist the board of supervisors in this determination the board shall, within a reasonable time after entry of the finding that there is need for Dog River Watershed Management Plan the organization of the district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district and to cause due notice of such referendum to be given. Such notice shall state the date of holding the referendum, the hours of opening and closing the polls and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers giving equal representation to the proponents and opponents of the question involved.
Section 9-8-57 Referendum upon creation of district:Contents of ballot; qualifications of voters; voting procedure. The question to be voted on shall be submitted by ballots upon which appear the words:
“For creation of:Watershed Conservancy District”
“Against creation of:Watershed Conservancy District”
A square shall follow each proposition. The ballot shall also contain a direction to insert an “X” mark in the square following one or the other of the propositions as the voter may favor or oppose creation of the district. The ballot shall set forth the boundaries of the proposed district as determined by the board of supervisors. Only owners of lands lying within the boundaries of the territory, as determined by the board, shall be eligible to vote in the referendum. Qualified voters may vote by absentee ballot in such referendum under rules and regulations prescribed by the board of supervisors.
Section 9-8-58 Referendum upon creation of district:Counting, etc., of votes; certification, recordation and filing of results. The votes shall be counted by the election officers at the close of the polls, and report of the results, along with the ballots, shall be delivered to the polling superintendent, who shall certify the results to the board of supervisors. If a majority of the votes cast favor creation of the district, the board of supervisors shall certify such results to the judge of probate of the county or counties involved. Upon proper recording of such action, such watershed conservancy district shall be duly created. After recording, the certification shall be filed with the state soil and water conservation committee.
Section 9-8-59 Board of directors:Composition; qualifications, election and terms of office of members; vacancies; officers; quorum; prior elections, etc., ratified, etc. (a) Within 30 days after a watershed conservancy district is created under the provisions of this article, the board of supervisors shall cause an election, after due notice has been given, to be held therein for the election of a board of directors of such watershed conservancy district. All owners of lands lying within the district shall be eligible to vote in such election, and only such landowners shall be eligible to vote. The board of directors shall be composed of five members, whose terms of office shall be four years. A director shall hold office until his successor has been elected and has qualified. Such board of directors shall, under the supervision of the board of supervisors, be the governing body of the watershed conservancy district. Successors to the first elected directors shall likewise be elected for terms of four years at an election conducted, after due notice has been given, by the supervisors at least one month prior to the expiration of the term of office of the incumbent directors. Vacancies occurring before the expiration of a term shall be Dog River Watershed Management Plan filled for the remainder of the unexpired term by appointment by the remaining members of the board of directors, with the approval of the board of supervisors. (b) If the territory embraced within a watershed conservancy district lies within more than one soil and water conservation district, each of said additional districts with a minority of the land involved in the watershed district shall be entitled to elect three additional directors. (c) The board of directors shall annually elect from its membership a chairman, secretary and treasurer. The treasurer shall execute an official bond for the faithful performance of the duties of his office to be approved by the board of directors, except that no bond shall be required until such time as the district possesses funds. Such bond shall be executed with at least three solvent personal sureties whose solvency must exceed the amount of the bond or by a surety company authorized to do business in this state and shall be in an amount determined by the board of directors. If the treasurer is required to execute a surety company bond, the premium on the bond shall be paid by the board of directors. A majority of the board of directors shall constitute a quorum, and the concurrence of a majority in any matter within their authority shall be required for its determination. (d) Each person desiring to be a director of a watershed conservancy district shall file not later than five days prior to the date set for an election a nominating petition with the board of supervisors, signed by 25 or more landowners within the watershed conservancy district of the county involved or, if less than 50 landowners are involved, a majority of such landowners. If the candidates nominated do not exceed the positions available, they shall be declared elected by the board of supervisors, and the board of supervisors shall publish the results of such election. No person shall be eligible to be a director of a watershed conservancy district unless he is a landowner in the district in which he seeks election. (e) All elections or appointments of directors of watershed conservancy district heretofore made are hereby ratified, affirmed and validated, and the actions taken by any directors as members of their respective boards and within the scope of their authority are hereby ratified, affirmed and validated.
Section 9-8-60 Board of directors:Compensation. Members of the board of directors shall receive no salaries but may be reimbursed for actual and necessary expenditures incurred in the performance of their duties, upon approval by the board of supervisors.
Section 9-8-61 Board of directors:Powers and duties generally. Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to: (1) Acquire, by purchase, gift, grant, bequest or devise, or through condemnation proceedings held in the manner provided by chapter 1 of Title 18 of this Code, such lands or rights-of-way as are necessary for the exercise of any authorized function of the district; (2) Construct, improve, operate and maintain such structures as may be necessary for the exercise of any authorized function of the district; (3) Borrow such money as is necessary for the purpose of acquiring rights-of-way and establishing, constructing, reconstructing, repairing, enlarging and maintaining such structures and improvements as are required by the district in the performance of its functions, and issue, negotiate and sell its bonds as provided in section 9-8-62; provided, that all contracts made and all bonds issued by a watershed conservancy Dog River Watershed Management Plan
district under the provisions of this article shall be solely and exclusively obligations of the district and shall not be an obligation or debt of the state of Alabama or any county or municipality therein; (4) Sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes provided for by this article; (5) Make and execute contracts and other instruments necessary and convenient to the exercise of its powers; (6) Sue and be sued in the name of the district; (7) Cooperate with or act as agent for the United States or any of its agencies or the state of Alabama or any of its agencies or any county or municipality in connection with the acquisition, construction, operation or administration of any project within the boundaries of the district; (8) Accept donations, gifts and contributions in money, services, materials or otherwise from the United States or its agencies or from the state of Alabama or its agencies or from any county or municipality or from any individual and use or expend such moneys, services, materials or other such contributions in carrying out the provisions of this article; and (9) Subject to the approval of the board of supervisors of the soil and water conservation district, employ such employees as the board may determine and fix their compensation, qualifications and duties and delegate to the chairman of the board or any member or employee of the board such powers and duties as it may deem proper.
Section 9-8-62 Issuance of bonds. (a) Bonds authorized by section 9-8-61 shall not be issued until proposed by order or resolution of the board of directors specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued and the rate of interest they are to bear. A copy of the order or resolution shall be certified to the board of supervisors. (b) The board of supervisors shall conduct a hearing on such proposal after giving due notice of such hearing. If it appears that the proposal is within the scope and purpose of this article and meets all other requirements of the law, the proposal shall be submitted to the landowners of the watershed conservancy district by referendum under supervision of the board of supervisors. (c) The provisions of sections 9-8-56 through 9-8-58 as to notice, qualifications of voters, absentee voting and manner of holding referendum elections in organizing a watershed conservancy district shall apply to the referendum held under this section. If two thirds of the landowners voting favor the proposal, such bonds may be issued.
Section 9-8-63 Addition of lands to districts. (a) Any one or more owners of land may petition the board of supervisors to have their lands added to a watershed conservancy district. Such petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved and other information pertinent to such proposal. When the boundary described embraces lands of others than the petitioners, the petition shall so state and shall be signed by 25 or more of the landowners in the territory described if 50 or more such owners are involved, or by a majority if less than 50 landowners are involved. (b) Within 30 days after such petition is filed, the board shall cause due notice to be given of a hearing on such petition. All interested parties shall have a right to attend such hearing and be heard. The Dog River Watershed Management Plan board shall determine whether the lands described in the petition or any portion thereof shall be included in the district. If all the landowners in the territory involved are not petitioners, a referendum shall be held within such territory as provided in sections 9-8-56 through 9-8-58 before making a final determination. If it is determined that such land should be added, this fact shall be certified by the board of supervisors to the judge of probate of the county or counties involved. After recording, the certification shall be filed with the state soil and water conservation committee.
Section 9-8-64 Detachment of lands from districts. The owner or owners of lands which have not been, are not and cannot be benefited by their inclusion in the watershed conservancy district may petition the board of supervisors to have such lands detached. The petition shall describe such lands and state the reasons why they should be detached. A hearing shall be held within 30 days after the petition is received. Due notice of such hearing shall be given at least 10 days before the hearing. If it is determined by the board of supervisors that such lands shall be detached, such determination shall be certified to the judge of probate of each county in which any portion of such lands lie. After recording, the certification shall be filed with the state soil and water conservation committee.
Section 9-8-65 Discontinuance. (a) At any time after five years from the organization of a watershed conservancy district, 25 or more landowners within a district or, if less than 50 landowners are involved, a majority of the landowners in such district may file a petition with the board of supervisors praying that the existence of the district be discontinued. The petition shall state the reasons for discontinuance and that all obligations of the district have been met. (b) After giving notice, the board of supervisors may conduct such hearings on the petition as may be necessary to assist it in making a determination. (c) Within 60 days after the petition is filed, a referendum shall be held and conducted under the supervision of the board of supervisors in the same manner as a referendum is required to be held and conducted under the provisions of sections 9-8-56 through 9-8-58. No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate it or its result if due notice of the referendum has been given as provided in subsection (b) of this section. (d) If a majority of the votes cast in such referendum favor the discontinuance of the district and it is found that all the obligations have been met, the board of supervisors shall make a determination that the watershed conservancy district shall be discontinued. A copy of the determination shall be certified to the judge of probate of the county or counties involved for recording. After recording, the certification shall be filed with the state soil and water conservation committee.
Section 9-8-66 Supervision of district when soil and water conservation district discontinued. If any supervising soil and water conservation district is discontinued, the county commission of the county or counties involved shall serve in the same supervising capacity over the watershed conservancy district as the board of supervisors. Dog River Watershed Management Plan
Appendix H.
Program Contacts and Matrix