(Click links in text to launch referenced documents)
June 14, 2006 -- The West Virginia Department of Enviornmental Protection has issued a summary response to all the comments it received on the Finding of No Significant Impact (FONSI) WVDEP has issued for the proposed Pocahontas County wastewater treatment facility.
The FONSI response directly addresses at least three major concerns raised by WVTU in our comments, and modifications are being made to the plan to:
Install cooling mechanisms to ensure that heated effluent will not harm trout populations
Include an operation/maintenance budget of more than $840,000 as part of the project plan
Move the proposed outfall to ensure that the spring system of Big Spring Fork is not disrupted
DEP refutes claims made by WVTU and other groups that it did not faithfully follow NEPA requirements for environmental review. DEP also refuses to complete a more in-depth assessment of alternative locations as requested in our comment letters.
State Council is currently reviewing our options and whether to appeal the DEP ruling.
April 7, 2006 -- WVCTU's official comments on the FONSI (see below) are now complete and available here. Included in our comments are the latest report from Downstream Strategies which describes several areas of concern regarding the manner in which public participation guidelines appear to have been circumvented. Our formal comments will also include the Feb. 19 Downstream Strategies report detailing environmental concerns, specifically involving effluent temperatures and contamination releases.
Individual TU members and chapters are encouraged to submit comments on the FONSI prior to the April 12 deadline. See the March 21, 2006 update below for instructions on how and where to submit your own comments.
March 21, 2006 -- 
FONSI Available Online #FNSI-WV-234 (including Environmental Assessment) is now available for viewing or download on wvtu.org. Click the PDF icon or file name to view the document in your browser (opens in a new browser window), or right-click and select "Save Target As" to download to your computer. This is a large file (approximately 3.6 megabytes), so a broadband or high-speed internet connection is recommended.
A 30-day public comment period on the FONSI/EA is now in effect and will expire on April 12, 2006. Comments should be substantive (rather than general letters of objection) and should refer specifically to findings in the FONSI/EA document. WVTU's official comments will be posted on wvtu.org as soon as they are available. Individual members are welcome to comment as they see fit. Comments should be submitted to:
Mike Johnson, P.E.
West Virginia Department of Evnironmental Protection
Division of Water and Waste Management
Clean Water State Revolving Fund Program
601 57th Street
Charleston, WV 25304
March 17, 2006 -- On March 13, 2006, The West Virginia Department of Environmental Protection has issued a FONSI (Finding of No Significant Impact) on the proposed Pocahontas County regional wastewater treatment facility. There is a 30-day public comment period in effect. WVTU and the other environmental groups described in the March 12 update (below) are working with our consultant, Downstream Strategies, LLC, to draft comments.
Copies of the Environmental Assemssment on which the FONSI was based are available at the DEP office in Charleston (FONSI# FNSI-WV-234 / Project Environmental Assessment #SRF NO. C-544415).
March 12 , 2006 -- WVTU is working ensure that a proposed wastewater treatment facility proposed for the upper Elk River watershed in Pocahontas County is built to the strictest standards possible to protect the watershed's wild and native trout populations. With with financial assitance from WVTU member chapters as well as the Youghigheney Chapter (MD) and Bluegrass Chapter (KY), and with cooperation from the Elk Headwaters Watershed Association, Friends of the Elk, the WV Outdoor Sportsmen's Association and Snowshoe Resort, WVTU has hired Downstream Strategies, LLC, to assist us in evaluating and responding to issues regarding the proposed facillity.
The proposed plant is now awaiting a draft National Pollution Discharge Elimination System (NPDES) permit from the West Virginia Department of Environmental Protection. We are currently working with the other conservation groups to ensure that public participation regulations are observed, and we are seeking a full Environmental Impact Study (EIS) rather than the less-stringent Finding of No Significant Impact (FONSI) that the WVDEP is proposing to issue.
The cooperating organizations and Downstream Strategies have compiled a report which was submitted to WVDEP on Feb. 22 enumerating specific concerns with water quality, effluent temperatures and other issues. We are also seeking further information on the karst geology underlying the proposed site for the plant because of concerns that the location could potentially damage the complex spring system which feeds one of the upper Elk's primary tributaries, Big Spring Fork. In addition, we are seeking assistance and legal advice from TU National.
Documents related to this ongoing effort are available for download below. Questions should be directed to Joe Webb, WVCTU Secretary, at joewebb@wvtu.org.
The draft NPDES permit can be tracked on the WVDEP website under permit number WV0105775.
Document List
(links open in a new browser window; OR, right-click and select "Save Target File As" to download to your computer)
Submitted to WVDEP:
4/6/06 - Comment letter on FONSI (formal submission pending)
4/6/06 - Downstream Streategies report on FONSI public participation and NEPA requirements shortfalls.
2/22/06 - Downstream Strategies report on environmental issues submitted to WVDEP and the WestVirginia Public Service Commission (261 Kb PDF file)
2/22/06 - Letter to WVDEP submitted with Downstream Strategies report (560 Kb Word file)
Submitted to WVPSC:
10/3/05 - Letter to WVPSC stating original conditional support of the facility (555 Kb Word file)
11/11/05 - Letter to WVPSC withdrawing conditional support of the facility (555 Kb Word file)
1/17/06 - Letter to WVPSC outlining concerns prior to issuance of Certificate of Necessity and Convenience (527 Kb Word file)
Miscellaneous/Supporting Documents:
12/12/05 - Report submitted on Karst concerns by DEP geologist George Dasher (6.1 MB PDF file)
1/4/05 - DEP Memo answering Dasher Trip Report concerns (985 Kb PDF file)
1/27/06 - Thrasher Engineering Report on environmental concerns
2/10/06 - Downstream Strategies report on collected data from wastewater treatment plants that discharge into WV trout streams (56 Kb Excel file)
2/10/06 - Downstream Strategies report on collected data from Snowshoe wastewater treatment facilities