<< Back 5/1/02 Turn up the heat for the Little T SMN Earlier this month, the North Carolina Division of Water Quality turned down the requests of nearly 130 citizens who took the time to personally convey their pleas to the state to act now and protect the Little Tennessee River’s biological integrity. In addition to all those letters, citizens turned out by the dozens at public hearings to express the same unified interest in having the Little Tennessee River (below Lake Emory Dam) protected. Their concerns were spurred in part by the dwindling numbers of aquatic species turning up in biologists’ surveys. Many of these species, like the Appalachian elktoe, Littlewing pearlymussel, (both federally-listed endangered mussel species) and the Spotfin chub (a federally-listed threatened fish species) are found in few other places east of the Mississippi. As a result, biologists have labeled the Little Tennessee River the number one conservation priority in North Carolina. Why did DWQ choose not to take immediate action to address concerns over the health of this special river? The agency’s official response was provided in the final draft of the DWQ Little Tennessee River Basinwide Water Quality Plan. In it, DWQ explains that it has too few staff and too many doubts. It questions, for example, whether polluted discharges into the river will have a negative effect on endangered species. The agency states that it “does not have direct evidence correlating point-source discharges (which are in compliance with NPDES permits) with degradation of these endangered species. DWQ rules require that limits be established for permitted discharges in North Carolina which protect aquatic life in the receiving waters.” So DWQ claims it can’t prove polluted discharge will harm endangered species. The agency does, however, acknowledge that too much sediment is a bad thing. It nevertheless declined to act to reduce sediment loads at this time “because a process (involving other agencies and public input) has not yet been developed for implementing the Rule for protecting federally threatened and endangered species.” The “Rule” referred to is a regulation adopted two years ago that requires the agency to develop site-specific management strategies to protect the water quality conditions required to sustain endangered aquatic species. In accordance with the rule’s mandate, citizens have been demanding that DWQ take action to prevent polluted discharges into the river and minimize sediment-laden stormwater from choking the waterway and burying its bottom-dwelling inhabitants. To DWQ’s credit, it has not punted altogether. Instead, it has committed to meeting with biologists from the U.S. Fish & Wildlife Service, the N.C. Wildlife Resources Commission, and others to move forward with development of management strategies for the Little Tennessee River. As with any government-sponsored process, the danger lies in the time it will take for three agencies and other interested parties to work out the details of a protection strategy for the Little Tennessee. Fortunately, biologists with both the U.S. Fish & Wildlife Service and N.C. Wildlife Resources Commission agree that immediate action is needed to save the river, and that polluted discharges and stormwater are its biggest threats. The challenge is to educate DWQ staff about the sensitivity of the species that live there. Macon County officials are already convinced, and we applaud them for currently considering steps to protect the river and its corridor for future generations of Maconites. Equally admirable are the unfailing efforts of the many citizens who have joined together to force the state to obey its legal mandate to adopt strategies for the river’s protection. To all the letter writers and citizens who have voiced their concerns, I say “job well done!” We’ve got their attention, and a commitment to move forward during these times of scarce state resources. A total win, though, would have been a decision by DWQ to move forward today to enact the rules needed to keep prospective polluters out of the river and sediment out of stormwater. We now need to keep the pressure on and turn up the heat. DWQ needs to know that we expect the agency to make good on its promises and act immediately to begin this process. The bottom line is that fish don’t recognize political boundaries, the Little Tennessee River needs a unified protection strategy now, and DWQ has a mandate to act. Laura P. Jones Southern Environmental Law Center Chapel Hill ljones@selcnc.org www.southernenvironment.org