NEXT MEETING OCTOBER 13th

September, 2009

THE “WATER WARS”

CONTINUE AND GEORGIA

LOSES A BATTLE ! In 2003, a water-sharing agreement was made with the Army Corps of Engineers that would have allowed Georgia to take far more water from Lanier for its‟ drinking supply over the coming decades. The deal would have allowed Georgia‟s withdrawals to increase from about 13 percent of the lake‟s capacity to about When U. S. District Judge Paul Magnuson began 22 percent. and Florida were not unraveling 19 years of litigation between Alabama, participants in that agreement and the latest court Georgia and Florida, he complained that this decision ruled that unilateral agreement void since it “protracted battle over three state‟s claim to water did not consider the impact of the water withdrawals flowing from a reservoir near Atlanta has been taking on Alabama and Georgia. Without congressional place in „never-never‟ land.” Magnuson also criticized approval within three years the lake would return to the Corps of Engineers for its part in the delays. He 1970‟s levels, allowing only the cities of Gainesville ruled in early July that Atlanta municipalities must stop and Buford to take water. withdrawing water from Lake Lanier reservoir within three years unless they can get approval from NOW WHAT??? Congress. This war over water rights has been going Georgia governor Sonny Perdue, who has been an on for over two decades between Georgia, Alabama uncooperative negotiator over the last six years, has and Florida, and negotiations between the three state caused hard feelings between him and Alabama governors have been unsuccessful. Judge Magnuson Governor Bob Riley and Governor Charlie Crist of indicated in his ruling that Lake Lanier was built for Florida. Just after the ruling he made his feelings clear hydroelectric power, and providing water to Georgia and made a strong stand against successful was not an authorized use. He also stated that a negotiations publically. In addition, he plans to appeal lengthy historical record of testimony before Congress the judge‟s order later this year, which would prolong and the Corps of Engineers‟ documents which were negotiations significantly, as well as increase the used, established that serving the water needs for hundreds of millions of dollars already spent in this Atlanta was only an „incidental‟ purpose for the lake. disagreement. There are rumors that he has He noted that Georgia officials argued as much, to unilaterally approached the Corps of Engineers again avoid having to pay for part of the project when the for federal assistance. He has stated to the press, reservoir was built in the 1950‟s. that “he would fight to the death” for Georgia‟s water rights. Perhaps he meant until the end of his second and last term in 2011…. THE WAR GOES ON!

Logan Martin Lake Protection Association DEDICATED TO GUARDING LOGAN MARTIN LAKE WATER QUALITY AND QUANTITY

Board of Directors Board of Directors continued… A Publication by Johnny Beavers,256-268-0855* Logan Martin Lake Rudy Davidson, 256-268-2844 Protection Association [email protected] [email protected]

President, Ann Moore Jim Bentley, 205-587-5280 Dick Franke, 256-268-1445

[email protected] [email protected] Vice President, Johnny Beavers

Donn Brascho, 205-525-0051 Secretary, Debbie Kitchin Don Greer, 205-525-4651 * [email protected] [email protected]

Treasurer, Bill Hays Debbie Cearley, 205-338-5353 Bill Hays, 205-338-2449 * [email protected] Member at Large for [email protected] Executive Committee, Don Greer Dana Hopper, 205-884-8894 * * * * * * [email protected] Committee Chairpersons Lake Cleanup Bud Kitchin, 205-763-0098 Bud Kitchin, 205-763-0098 Water Quality [email protected] [email protected] Isabella Trussell, 205-884-4169 [email protected] Program & Publicity Debbie Cearley, 205-338-5353 Debbie Kitchin, 205-763-0098* Don Greer, 205-525-4651 [email protected] [email protected] [email protected]

Newsletter Education Ann Moore, 205-763-2113* Ann Moore, 205-763-2113 Adult - Ann Moore, 205-763-2113 [email protected] [email protected] [email protected] Randy Smith, 205-369-0006 Youth – Ted Seay, 338-1963 Al Read, 205-338-9515 [email protected] [email protected] [email protected] Donn Brascho, 205-525-0051 [email protected] Water Festival Mike Riley, 205-525-5309 Dianne DeShazer, 205-884-4705 [email protected] Membership [email protected] Carol Wheelock, 205-563-9510 Dana Hopper, 205-884-8894 [email protected] Ted Seay, 338-1963 [email protected] [email protected]

Hospitality Website Al & Dot Read, 205-338-9515 Ann Moore, 205-763-2113 Andy Smith, 205-814-1113 [email protected] [email protected] [email protected]

Finance Wetlands Project Randy Smith, 205-369-0006 Bill Hays, 205-338-2449 Dick Franke, 256-268-1445 [email protected] [email protected] [email protected] Isabella Trussell, 205-884-4169 Sam Smith, 205-525-1664 Governmental Affairs [email protected] [email protected] Rudy Davidson, 256-268-2884 Mike Riley, 205-525-5309 [email protected] [email protected] Isabella Trussell, 205-884-4169 [email protected] Strategic Planning Committee Support Don Greer, 205-525-4651 Carol Wheelock, 205-563-9510 [email protected] [email protected]

Coosa Group Alliance

2009 Renew Our Rivers LMLPA Photos a presentation for school groups which we believe P resident’s Message... will be welcomed. We will continue the education of our youth by granting awards to school science Hello lake friends! In case you missed the July teachers who devise the best water related meeting, the Board of Directors elected new officers. environmental project. We‟ll also continue to keep Donn Brascho realized that his “retirement” had you advised about any changes in laws or lake evolved into a full-time job as an oncology issues which may arise. consultant, limiting the amount of time he could Please send me an email at serve as president. He resigned in July, much to our [email protected] or call me at 205-763-2113 dismay and asked if I would give the position a try. about any issues you would like for us to work on, or Until that time I was serving the office of secretary of committees (page 2) with which you would like to be the LMLPA, which gave me considerable happiness involved. High on our list of goals is to have an and pride. With the other officer‟s encouragement „active‟ Board and more member involvement on our Donn Brascho and Debbie Kitchin agreeing to take over my work committees. as secretary, I accepted. Johnny Beavers, Megan and Bud Kitchin Be sure to read the Minutes of the July meeting, To give you some personal background info about especially the highlighted sections... informative me: my husband, Mike and I speaker! Located in the newsletter is also additional moved from Birmingham to information that Matt Bowden researched, for our home in Lincoln on questions asked by our members at the meeting. Choccolocco Creek in 1983. Our next meeting will be on Tuesday, The “I-20”daily trip to Southern October 13th at 6 PM at the Pell City Civic Progress in Birmingham Center. began as a leisurely drive, but by 2001, it became a

nightmare with delays of 2 to 9 Enjoy your late summer on hours ....remember when the cattle truck overturned at Eden on a stormy day? Try that with a six year- Logan Martin Lake! old! Soon after that I needed retirement. I loved being at home working in the yard but after doing the „corporate thing‟, I really wanted to work toward making our lake a better place, by pursuing my concerns. The PCB issue in Choccolocco quickly Ann Moore made me aware that the lovely spot we chose for President, Logan Martin Lake Protection Association Question for Rob Coyne, APC : What are the retirement and beyond might be threatened, as we specific guidelines about styrofoam use in floating are a lake family and love fishing, boating, skiing, piers and what are the deadlines? swimming, entertaining and most of all relaxing. Did Per guidelines, “with regard to the construction PROTECT YOUR PROPERTY this affect Logan Martin Lake‟s popularity as a lovely of and remodeling of floating structures, flotation spot to live and play? And could I make a small A great majority of our 500+ shall be encased of good quality and manufactured difference? memb er enrollment comes from Logan for marine use which will not become water-logged We joined LMLPA in 2003 and soon after I Martin property owners. We are striving or sink when punctured. All bead foam material joined the Board. I noticed that we needed to to protect the value of lake property being replaced shall be removed from the reservoir become more „tech savvy‟ after everyone was through water monitoring, safety training, and properly disposed of.” Deadline for removal Rusty and Sandra Jessup, scrambling to get the word out about a special spring cleanup and education. from lake is January, 2010. Cliff Early meeting with an important legal issue. So, we now Water Waves is printed three times Riverside Fire and Rescue have a current membership list (in-house) and annually to keep LMLPA members hopefully we‟ll soon have everyone‟s email address informed of our progress. for newsletter mailings, meeting notices, etc. (Be sure and check the next newsletter to be sure we Dues Pay For:  Water Quality Testing have yours!) Then Donn Brascho asked if I would  Water Quantity Monitor create a „user-friendly‟ presentation that anyone ing  Boating Safety could use for speaking to groups about what we do.  Swimmer Safety We now have two types of presentations Visit New Website:  Lake Cleanup The current Board of Directors will explore new  Water Education $25 Annually www.lmlpa.org areas of interest; most current is a „wetlands project‟  Citizen Advisory Per Family which will be especially educational. We also will Group or Business continue to follow the “Water Wars” and how our Representation water level may be affected. We also want to create

2009 Renew Our Rivers LMLPA Photos

Donn Brascho

Johnny Beavers, Megan and Bud Kitchin

Question for Rob Coyne, APC : What are the specific guidelines about styrofoam use in floating piers and what are the deadlines? Per guidelines, “with regard to the construction of and remodeling of floating structures, flotation shall be encased of good quality and manufactured for marine use which will not become water-logged or sink when punctured. All bead foam material being replaced shall be removed from the reservoir and properly disposed of.” Deadline for removal Rusty and Sandra Jessup, from lake is January, 2010. Cliff Early Riverside Fire and Rescue

Visit New Website: www.lmlpa.org Jan and Sam Smith Don Greer

Deona Wood and Randy Randy Smith Smith Dot Read and Cliff Early

Bud Kitchin and Jace Brascho

NEWEST FISH CONSUMPTION ADVISORY 2009 RENEW OUR RIVERS The Alabama Department of Logan Martin Lake Cleanup Public Health has released the Bud Kitchin, Chairman of the 2009 LMLPA lake 2009 fish consumption cleanup reported that even though the lake water advisories. The results are level was higher, we had a great turnout from our based on collected samples of specific fish species volunteers. This year also was the largest response from bodies of water in Alabama in 2008. The from our pontoon boat owners who gave their time Alabama Department of Public Health reviews the and boats to assist in samples for specific contaminants in the fish which removing trash from could give rise to adverse health effects with human isolated areas. consummation. Thirty different contaminants were Bud said that we analyzed in each species. These include PCBs, had over 450 pesticides including DDT, and heavy metals volunteers who worked including arsenic, cadmium, mercury and selenium, the seven areas along all of which have been identified as possible serious the shorelines in St. health hazards if ingested by humans. None of the Clair and Talladega counties. A new Collection Site new locations were in Talladega or St. Clair was added this year at the Yacht Club. Everyone counties, but several locations that have been listed was pleased with this area. Sam Smith worked previously remained on the list. diligently to canvass the area and make everyone For advisories, a meal is defined as six ounces of aware of the new location. Special thanks to all of cooked fish or eight ounces of raw fish. Women of the marinas who donated their areas for collection childbearing age and children under 15 should not sites, Clear Creek Marina, Poor House Branch consume any of the fish listed under the limited Marina, Riverside Marina, Woods Surfside Marina, consumption advisory. Yacht Club and especially to Lakeside Landing for Revised advisories for the Logan Martin Lake area not only donating areas for a dumpster but also for are as follows: the picnic and music areas. We could not participate All of Choccolocco Creek from south of Oxford to in this project without their help! Logan Martin Lake: The sponsors for the LMLPA cleanup were - Fish from the vicinity of County Road 399 bridge FOX6, , Golden Flake®, Senior in Talladega are contaminated with PCBs - no Living®, Royal Foods, Carter‟s BBQ, Interstate ingestion. Brands, Pepsi, Reddyice, Veolia, BSA Troops 199 - Spotted bass from the creek because of high and 210, Cub Scout Den 522, Alabama Marine levels of mercury - limit to one meal per month. Police, Birmingham Ski Club, Lincoln Kiwanis Club, - The between Neely and the PCHS, LHS and CHS Key Clubs. We could Henry Dam and Riverside - not have a picnic without our special food service consumption of over one volunteers, led by Al and Dot Read and Chef Gene pound should be limited due to PCB Richardson. Special thanks to the Cities of Lincoln, concerns. Pell City and Riverside. They designated the week - Striped bass in the Coosa River between of the cleanup to a city recognized event. Riverside and Logan Martin Dam - no ingestion The 2009 cleanup ended with a total of 9.92 at all because of unacceptable PCB levels. tons of trash removed from the shores of Logan - Striped bass caught between Logan Martin Dam Martin Lake. As usual, there was a lot of fun and Lay Dam - no ingestion at all because of involved in this event reported from all areas. at unacceptable PCB levels. Clear Creek, one of the volunteers fell out of a boat. - In the upper Lay Reservoir two miles And at Lakeside Landing several people had ideas downstream of Logan Martin Dam and one half about how to move the dumpster after it fell off the mile downstream from the Kelly Creek-Coosa ramp and became stuck. River confluence – limited consumption of The dates for the 2010 cleanup have been spotted bass and no consumption of striped th rd set for March 27 to April 3 . LMLPA dates begin bass. on Saturday this year as many Site Captains These advisories are offered as guidelines to reported complaints about the move to Monday. individuals who wish to eat fish they catch in local Bud said that we would distribute bags on Saturday, waters. No regulations ban the consumption of any th the 27 and the dumpsters would be in place of the fish caught, nor is there risk of an acute toxic th beginning on Monday, March 29 . We will also episode from human consumption. distribute bags and shirts on Saturday; the event Further details are available at concluding with a picnic with free food and music! http://www.adph.org/tox/index.asp?ID=1360 CAG-CD to Meet in Pell City, Hear been conditionally approved by EPA, and discussions are underway to resolve Update on Choccolocco outstanding issues so that the remainder of the plan can be implemented. The next bi-monthly meeting of CAG-CD (Community Advisory Group for the Consent  Negotiations with United States Geological Decree) will be held at the Pell City Civic Center on Survey (USGS) and United States Army Corps Monday, Sept. 21 at 5:30 p.m. At that time, the of Engineers (USACE) are underway to conduct general membership of LMLPA, as well as the public the sediment toxicity testing component of at large, will have the opportunity to attend the Phase 2 FSP. proceedings and take part. The usual agenda for the open-to-the-public portion of the CAG-CD meeting  Solutia completed data validation for Phase 2 includes updates on activities of environmental FSP: 1) Floodplain soil sampling, 2) Human cleanup contractors for Solutia, and monitoring and Health Risk Assessment sediment sampling at review activities of the local EPA staff. Their reports fish collection sites, and 3) Initial sediment address activities carried out along the entire length sampling in the three ecological risk of the area discovered to be contaminated with assessment reference locations. PCBs released at the Anniston Monsanto Plant over many years. The agenda also includes a time for Background Information the public to ask questions. Investigating the degree of contamination along Update the lengths of Snow and Choccolocco Creeks is not Understandably, up to this time, primary a brief process. Choccolocco Creek may well be one attention has been given to the areas nearest to the of the longest creeks in North America, extending plant where both concentrations of contaminants some 40+ miles from the headwaters east of D- and population impact are highest. However, the Arnaudville to its confluence with Logan Martin Lake entire path of potential contamination stretches from southwest of Lincoln. This particular section to be the street ditches near the Monsanto Plant to the tested is designated as Operable Unit 4 (OU-4) and end-reaches of Choccolocco Creek near Jackson will start up in Snow Creek and end near Jackson Shoals, and is divided into four Operable Units (OU). Shoals. Included would be not only the sediments, The CAG-CD Board of Directors has representation but also soils in the creek banks and backwaters from LMLPA due to our interest and concern for OU- within the 100-year floodplain. 4, the area from the end of Snow Creek down the The OU-4 Phase 1 scope of work involves Choccolocco. Both Solutia (previously Monsanto) ecological surveys, and sampling of sediments, and EPA will report on activities and findings in OU- surface water, and floodplain soils, along with an 4. Therefore, this upcoming CAG-CD Meeting will be updated land use study and a fish consumption an opportunity for LMLPA members and the public study. The consultants for Solutia identified three to hear, comment, and ask questions. Ecologically Differentiable Reaches (EDRs) to the As of the end of July, the status of OU-4 studies study area and conducted assessments of biological included: organisms in key aquatic and land-based habitats for each EDR. The ecological survey will include  Fish consumption survey activities as part of the macro-invertebrates, birds, small mammals, reptiles Phase 1 Field Sampling Plan (FSP) were still and amphibians, fish and mollusks. This data will be underway; however, the “intercept” portion of reviewed to determine if concentrations in the fat the survey (i.e. e. stop boaters and approach cells require further sampling. Sediment sampling creek bank fishermen to ask about their catches will be done in seven sediment transects in the and fish consumption habits) was completed in backwater area of the Choccolocco-Snow Creek June. The Fish Consumption Study is confluence, about 160 samples in all from 28 scheduled to be completed in August or locations. Surface water sampling will be done in September 2009. each of two branches of Choccolocco Creek in backwater areas and in the main stem of the creed  Meetings between Solutia and EPA Contractor, downstream of Snow Creek confluence at Avatar Environmental, had taken place to reach Friendship Bridge Road. Tests will be aimed at a final plan for OU-4‟s Human Health Risk PCBs for the most part, and the resulting data will Assessment, the portion dealing with evaluation be used to plan Phase 2 sampling. About 6000 of potential exposure pathways. acres of floodplain area will be segmented into 8 sections along the length of Choccolocco, and then  The Phase 2 Field Sampling Plan (FSP) had NEWEST FISH CONSUMPTION ADVISORY 2009 RENEW OUR RIVERS those subdivided into 23 smaller areas where Alabama Water Watch samples will be taken in zones of 500 feet from the he Alabama Department of T Logan Martin Lake Cleanup creek bank, and then every 500 feet to the edge of Training in Pell City Public Health has released the Bud Kitchin, Chairman of the 2009 LMLPA lake the 100-year floodplain. With one sample per 5 2009 fish consumption cleanup reported that even though the lake water acres and at select depth intervals, the total number Debbie Cearley certified advisories. The results are level was higher, we had a great turnout from our could be at least 227 samples from 150 locations. AWW Trainer and LMLPA Board based on collected samples of specific fish species volunteers. This year also was the largest response The Land Use Survey will be updated to see if the member, presented a chemistry from bodies of water in Alabama in 2008. The from our pontoon boat owners who gave their time presently assumed 46% forest and 42% agricultural water monitoring training session for interested Alabama Department of Public Health reviews the and boats to assist in use, with less than 5% being residential and LMLPA members and others on August 22. As you samples for specific contaminants in the fish which removing trash from commercial, is still valid. This will help in scoping know, AWW trains all of our monitors who do the could give rise to adverse health effects with human isolated areas. the human health risk assessment. monthly testing for LMLPA. The AWW program has consummation. Thirty different contaminants were Bud said that we The Fish Consumption Study is probably of been approved by the EPA. Our monitoring analyzed in each species. These include PCBs, had over 450 most interest to nearby residents. Previously, program covers Logan Martin Lake and its pesticides including DDT, and heavy metals volunteers who worked available data on fish consumption was limited to tributaries. We had four people “out of our area” that including arsenic, cadmium, mercury and selenium, the seven areas along state and federal generic angler data. So, this travelled to Pell City so they could learn to monitor all of which have been identified as possible serious the shorelines in St. primary study objective is to develop site specific on their water bodies. After the day-long training health hazards if ingested by humans. None of the Clair and Talladega counties. A new Collection Site information on use of Choccolocco Creek as a session involving lots of information and hands-on new locations were in Talladega or St. Clair was added this year at the Yacht Club. Everyone source of consumable fish. To obtain this experience, LMLPA welcomes two new water counties, but several locations that have been listed was pleased with this area. Sam Smith worked information the consultants performed “intercept monitors: Dave Foote and Mike Sumners. LMLPA previously remained on the list. diligently to canvass the area and make everyone surveys” (that is, approach fisherman in boats and especially appreciates the assistance of Helen For advisories, a meal is defined as six ounces of aware of the new location. Special thanks to all of on the banks and ask for information on their Lankford, a dedicated LMLPA monitor, in the cooked fish or eight ounces of raw fish. Women of the marinas who donated their areas for collection catches, do they eat their catch, etc) and make afternoon hands-on portion of the training. childbearing age and children under 15 should not sites, Clear Creek Marina, Poor House Branch contact with shoreline land owners. This yields a If you are interested in joining our LMLPA consume any of the fish listed under the limited Marina, Riverside Marina, Woods Surfside Marina, “probabilistic” risk assessment, more accurate than monitoring group or would like more information, consumption advisory. Yacht Club and especially to Lakeside Landing for defaulting to government statistics. All of these contact Isabella Trussell at (205) 884-4169 or Revised advisories for the Logan Martin Lake area not only donating areas for a dumpster but also for results will be used to define a more detailed and [email protected] subject: water monitor. LMLPA are as follows: the picnic and music areas. We could not participate focused Phase 2 scope of investigation. always needs more monitors. All of Choccolocco Creek from south of Oxford to in this project without their help! Logan Martin Lake: The sponsors for the LMLPA cleanup were Richard (Dick) Franke, MSEM, P.E. - Fish from the vicinity of County Road 399 bridge State of the Lake Address Oct. 13 FOX6, Alabama Power, Golden Flake®, Senior Member, LMLPA Board of Directors in Talladega are contaminated with PCBs - no oin us on TUESDAY, Oct. 13 at 6:00 p.m. at the Living®, Royal Foods, Carter’s BBQ, Interstate J ingestion. Brands, Pepsi, Reddyice, Veolia, BSA Troops 199 Pell City Civic Center to find out what our water - Spotted bass from the creek because of high and 210, Cub Scout Den 522, Alabama Marine monitoring results reveal about Lake Logan Martin. levels of mercury - limit to one meal per month. Police, Birmingham Ski Club, Lincoln Kiwanis Club, Dr. Bill Deutsch, Program Director of Alabama - The Coosa River between Neely Question to Matt Bowden on July and the PCHS, LHS and CHS Key Clubs. We could th... Water Watch, will present the State of the Lake Henry Dam and Riverside - 16 What impact will the Coosa Valley Water not have a picnic without our special food service address using our LMLPA monitoring results and consumption of catfish over one Supply District project have on Logan Martin volunteers, led by Al and Dot Read and Chef Gene ADEM (Alabama Department pound should be limited due to PCB water levels? Richardson. Special thanks to the Cities of Lincoln, of Environmental concerns. Drinking water withdrawals from Logan Pell City and Riverside. They designated the week Management) data. - Striped bass in the Coosa River between Martin in connection with this project will have of the cleanup to a city recognized event. LMLPA has been using Riverside and Logan Martin Dam - no ingestion no readily noticeable impacts on day-to-day The 2009 cleanup ended with a total of 9.92 AWW protocols to monitor Logan Martin Lake and at all because of unacceptable PCB levels. lake levels, even at the maximum withdrawal tons of trash removed from the shores of Logan its tributaries since 1996. With that amount of data, - Striped bass caught between Logan Martin Dam of 8mgd, which is not projected to occur until Martin Lake. As usual, there was a lot of fun we will be able to see some of the water chemistry and Lay Dam - no ingestion at all because of 2033. While the day-to-day impacts on lake involved in this event reported from all areas. at trends in Lake Logan Martin. We have trained more unacceptable PCB levels. levels will likely go un-noticed by the public, Clear Creek, one of the volunteers fell out of a boat. than 100 people to monitor in those 13 years. - In the upper Lay Reservoir two miles there is an actual impact on Alabama Power. And at Lakeside Landing several people had ideas Currently, we have 31 active monitors and active downstream of Logan Martin Dam and one half The real and measurable impact is that the about how to move the dumpster after it fell off the bacteriological monitors on 14 sites. mile downstream from the Kelly Creek-Coosa water withdrawn from storage in the lake is no ramp and became stuck. River confluence – limited consumption of longer available for hydropower production. The dates for the 2010 cleanup have been spotted bass and no consumption of striped th rd To recover the impacts of this withdrawal, set for March 27 to April 3 . LMLPA dates begin bass. Alabama Power will receive compensation on Saturday this year as many Site Captains These advisories are offered as guidelines to from the Coosa Valley Water Supply District reported complaints about the move to Monday. Special recognition and a huge “thank you” go individuals who wish to eat fish they catch in local for any lost energy and reduction in storage. Bud said that we would distribute bags on Saturday, to Cindy Goodgame, Bob DeShazer, Don Greer, waters. No regulations ban the consumption of any th the 27 and the dumpsters would be in place and Robbie Ostberg, who have been monitoring of the fish caught, nor is there risk of an acute toxic th beginning on Monday, March 29 . We will also monthly since 1996 and to Rodney Martin who has episode from human consumption. distribute bags and shirts on Saturday; the event been monitoring monthly since 1997… a job well Further details are available at concluding with a picnic with free food and music! done! http://www.adph.org/tox/index.asp?ID=1360 Logan Martin Lake Protection Association The dumpsters would be available Monday through rd Annual Meeting Saturday with the picnic on Saturday the 3 , July 16, 2009 culminating the end of the 2010 cleanup. Johnny Beavers, vice president opened the Don Greer announced the nominations for new meeting in the absence of Donn Brascho by directors. He read the list and reported that all welcoming the large group. He announced that Matt directors had agreed to remain and two more were Bowden, Vice President of Environmental Affairs added, Mike Riley and Debbie Kitchin. He asked for with Alabama Power Company would be the any further nominations or changes to the list from speaker for the evening after the committee the floor; none being made, there was a motion to concluded their reports. approve the list as read; the motion was seconded Ann Moore, secretary read the Minutes from the and the Board of Directors for 2009-2010 were February 19, 2009 meeting and a motion was made approved as read. The list is attached to these and seconded to approve the Minutes as read. She Minutes for record. then reported that at the last Executive Committee Johnny Beavers introduced Isabella Trussell, meeting, Donn Brascho resigned as president. She Chairman of the Water Quality Committee. She read his letter of resignation which is attached to discussed the report as distributed earlier, these minutes for record. Carol Wheelock was not explaining the rationale for turning down requests present and Moore reported for the Membership for routine individual residence testing. She said the Committee that there are 546 paid members. bacteriological monitoring results showed that Pell Reporting for the Education Committee, she City WWTP overflows occur when there is heavy reminded everyone that a presentation was rainfall or significant rain on already saturated available for groups and could be changed to fit ground, and that everyone should rely on their time, audience or topic. She reported that a common sense and avoid known overflow points newsletter would be published late summer. such as Dye Creek and Fishing Creek and Bill Hays read the Financial Report, reporting immediately downstream of them, for a few days that there is currently a total balance in savings and before body contact. She reported that the lift checking of $35,847.98, much more than we have station work had been completed at the Civic Center had in the past. After motions were made to so there shouldn‟t be overflows at Blue Spring. approve and then seconded, the Financial Report There were no overflows at Fishing Creek in June and July but there was overflow at the WWTP site at was approved. Johnny Beavers reported that since th th the funds are now available for additional projects, Dye Creek on June 16 and 17 . She said that the Water Quality Committee has submitted a although we currently have enough bacteriological proposal for a wetlands project. Isabella Trussell is monitors, we desperately need more basic contacting the essential parties for discussions. He chemistry monitors. Our monitors are trained by also said that if approved, the project will be an Debbie Cearley one of our members, who excellent educational exhibit for the public. He then volunteered to be trained by Alabama Water Watch as an AWA Trainer. The next training session reported that letters would be mailed in September nd to the science teachers in St. Clair and Talladega would be August 22 . Trussell reported that the next LMLPA meeting counties for consideration of grants to be awarded th early next year. would be on Tuesday, October 13 at the Civic Bud Kitchin, Chairman of the Lake Cleanup Center at 6 PM. Dr. Bill Deutsch, Program Director Committee reported that the 2009 lake cleanup was of Alabama Water Watch and other AWW staff will a big success. There was a good response from present a “State of the Lake” address, using the pontoon boat owners and Jace Brascho was LMLPA volunteer monitor data that we have been recognized for his excellent job in locating sites to collecting since 1996. be cleaned, large items to be removed and sunken Dick Franke was introduced and he reported boats. He reported that there was a total of ten tons status of the wetlands education/ stream restoration of trash and tires removed from the lake. Bud project. He explained where the proposed location reported that we could not have accomplished the would be at Pell City Park, and said that the project cleanup without our sponsors and volunteers and was educational, with a walkway and signage about thanked the Yacht Club for volunteering their area the value of wetlands; that Eve Brantley, of the AU as a new Collection Site. The dates for next year‟s Watershed Project Association, an Alabama cleanup are March 27th through April 3rd moving the cooperative would be actively involved. We need initial distribution date from Monday to the Saturday the support and participation of Pell City and the before, making it more convenient for volunteers mayor, along with that of Alabama Power. He said who work on Monday. plans were to get a 404 permit which would 1) avoid modification of land berms, 2) restrict invasive plants and 3) protect the beaver applications were filed with the Federal Energy dams. He said this project is not a „done deal‟ but a Regulatory Commission (“FERC”) in 2005 and 95% „work in progress.‟ of the Stakeholders concurred with the proposed

measures. A new 50 year license was requested Johnny Beavers based on the level of the capital investment introduced Matt proposed. The Coosa River Mitigation and Bowden of Alabama Power Enhancement Measures contained higher winter Company (APC) as the pool elevations, which was the primary issue for lake speaker for the evening. Matt stakeholders. This would allow increased introduced Rob recreational access with added winter water levels of Coyne and explained what he does with the two feet at Logan Martin, three feet at Weiss and two shoreline management of Logan Martin Lake. feel higher at Henry. The Department of Beginning his presentation, he announced the topics Conservation enhancements included funding for an of discussion for the evening: Water Wars, Alabama Aquatic Diversity Center, a wildlife habitat, Relicensing, Current Status at Logan Martin, Aquatic and a fishery habitat. Additional measures on the Weeds and Mosquito Control, and Renew Our Coosa River were: Turbine aeration systems at Rivers. Weiss, Henry and Logan Martin; recreational facility He explained that there were two separate cases enhancements at 58 sites, including nine on Logan pending in the Water Wars. The Apalachicola- Martin; commitment for future evaluation of possible Chattahoochee-Flint (“ACF”)before District Judge environmental flow releases below Henry and Logan Magnuson in Jacksonville, Florida and another, the Martin after turbine aeration systems were installed; Alabama-Coosa-Tallapoosa (“ACT”) pending before continuation of Jordan environmental and Judge Bowdre in Birmingham. The ACF case is recreational flow regime with commitment for comprised of various separate claims filed in AL, FL additional evaluation after turbine upgrade of one and GA with numerous parties to the ACF case but unit. that Judge Magnuson has prior experience in similar The Shoreline Management Plan included water disputes involving the Missouri River. He comprehensive measures to preserve undeveloped explained the Alabama, Florida and Georgia claims, land as well as increased shoreline protection and reporting that there were two phases: Phase I: enhancement. The Plan also called for identification Whether the Corps‟ operations of Lake Lanier in and protection of sensitive lands such as support of metro Atlanta water supply and recreation archaeological resources, wetlands and T & E is consistent with the congressionally authorized species and habitat. A Best Management plan for purposes of the lake and, Phase II: Endangered public education to outline practices for vegetation Species Act issues. He said summary judgment is management, water quality and property expected at any time, then Phase II briefing will be development was proposed. The Permitting scheduled in the future after Phase I is resolved. program would include enhancements, such as The ACT case was originally brought by riprap placement in front of new seawalls and also a Alabama against the Corps in 1990 challenging the policy on styrofoam use. Corps‟ reservoir operations in both the ACF and Implementation of most of the proposed ACT River Basins. The case was stayed for many mitigation and enhancement measures are tied to years during the ACT/ACF compact negotiations but the issuance of the new licenses, which expired in was reactivated in 2005 after the ACT and ACF 2007. The initial EA was issued by FERC on April 6, compacts were dissolved; the ACF portion of the 2009 and the final EA should be issued sometime in case was transferred to Jacksonville, Florida. August. Bowden said they hoped to have a new Bowden explained as with the ACF case, the ACT license for Coosa by early or mid 2010. He case has numerous parties involved. Alabama explained that the implementation of rule curve parties‟ primary claim is that the Corps‟ operation of changes, allowing Logan Martin an additional two Lake Allatoona in Georgia is inconsistent with feet to the winter pool level was contingent on FERC congressionally authorized purposes and Judge approval. FERC approved the water level changes Bowdre will likely schedule the summary judgment but the Corps of Engineers ruled that they won‟t briefing sometime this fall. consider approval until the master plan manuals are The Coosa Projects Relicensing process was approved. Realistically this could take another three explained in detail by Matt Bowden. He said the years. process began in 2000 and that everything had been Bowden explained that last year APC received open to the public. There were approximately 100 variances from FERC and the Corps to fill Logan stakeholder groups and 300 issues. The Martin and Weiss early this year over concerns for a continuing drought. Logan Martin remains at summer pool but APC is receiving less than normal releases from Corps‟ reservoirs in Georgia, which are almost full. APC is developing a comprehensive drought operation plan for Wetlands Education Project consideration by state and federal agencies. The Corps failed to agree with the plan as written in 2007 Fourteen people, including Mayor Bill Hereford, so, APC listened and included suggested joined LMLPA members Joseph Barra, Dick enhancements; plans are to team with the State and Franke, Mike Riley and Isabella Trussell to submit a comprehensive plan to follow in case of discuss the possibilities and constraints of drought, to FERC for approval. establishing a permanent wetlands education APC monitors aquatic vegetation and Bowden project at Lakeside Park. LMLPA is enthusiastic reported that vegetation is usually minimal because about this project and seeks LMLPA volunteer most shorelines are exposed during the annual assistance. Currently, there is a need for drawdown, thereby exposing vegetation to freezing volunteers with an interest in research, most of temperatures during the winter months, and it rarely which can be done via the internet. If you would survives from one season to the next. The only like to volunteer, contact Dick Franke at (256) species which are occasionally problematic include 268-1445 [email protected] subject: wetlands the emergent plants, alligator weed and volunteer or Isabella Trussell at (205)884-4169 waterprimrose or [email protected] subject: wetlands volunteer. Bowden then addressed the issue of mosquito Mark Tow, Jason Carlee, and Cliff Young control by APC. He said that areas known to be of Alabama Power Company educated the group productive mosquito habitat are treated during the about the need for mosquito control as it affects early spring to control the larvae. Stations are set up around the reservoirs to monitor mosquito production through the year but he says that more than 90% of complaints involve mosquitoes that breed in standing public health within Lakeside Park water or containers outside the reservoir. and the need to have removal access to any Bowden wrapped up his informative presentation invasive aquatic plants that have found their way by reporting that the Logan Martin Lake Cleanup had into the wetlands or adjoining creek. Rob over 450 volunteers and cleaned out 9.92 tons of Coyne, also of APC, introduced Dennis man-made waste and trash. He said that on April Trammell, who is the new Shoreline Manager for 28, 2009, Renew Our Rivers (“ROR”) volunteers Logan Martin and Neely Henry lakes. Eve from Alabama Mississippi and Georgia reached a Brantley of Auburn University‟s Dept. of milestone for removal of ten million pounds. Agronomy and Soils came at the request of Answering questions from the group, Bowden LMLPA to offer guidance as we pursue this said that APC had been working with LMLPA project. LMLPA was certainly appreciative of the members on the wetland project discussions. He presence of Bubba Edge and Elliot Jacobik of said APC had two concerns, both concerning APC Pell City Parks and Recreation, who will help access to the area for control of exotic vegetation safeguard the City‟s interests. Other attendees and mosquito control. Bud Kitchin asked where the were Lee Ann Clark of the Alabama Extension Alabama Aquatic Diversity Center would be located and Bowden said at the Marion Fishery area. Ron Vaughan asked if there was a law concerning abandoned boats and Bowden said that he was not aware, but that there was a fine for dumping trash System, Sarah Butterworth, into the APC right-of-ways. Vaughan said that Middle Coosa Watershed Project Coordinator LMLPA should push for a law on abandoning boats through the St. Clair –Etowah Soil and Water in the lake area. Conservation District, Rod Goode, District Johnny Beavers thanked Matt Bowden and Rob Conservationist with the Natural Resources Coyne for their presentation. He said that there was Conservation Service, Jess Roberts of Auburn a Board Meeting in ten minutes to elect new officers University, and Mike Jones, of Alabama and encouraged any of the group to stay Department of Environmental Management. and attend. The meeting was adjourned.

Ann Moore, Secretary