A River: Nolichucky
Not just Fish
Stan Olmstead: January 26, 2017
To
know the environment of the Nolichucky River there must be some knowledge of its
physical setting. The river is 115 miles long with a watershed of 1762 square
miles. The named portion of the river starts where the Cane and Toe River come
together upstream from Poplar North Carolina, the river courses it’s way west
as it descends to White Pine Tennessee. While
the origin of the name has long been debated it’s believed to have-been derived
from the name of a Cherokee village, Na’na-tlu gun’yi or
"Spruce-Tree Place" near Jonesborough, prior to American settlement the Nolichucky was occupied by
the Cherokee with numerous villages established along the river corridor. First
contact by Europeans was possibly by Desoto’s trek across the South East and
archeology finds have located Spanish relics mixed with Cherokee artifacts from
abandoned village sites. During the 1770s European frontiersmen established the
"Nolichucky settlements" along the river, now the eastern counties of
Tennessee. Historical figures such as Daniel Boone traveled through the area
and the famed military leader and first governor of Tennessee, John Sevier, settled
near Jonesborough and for a while lived on his Nolichucky property. Near present
day Limestone Tennessee, in 1786, the frontiersman David
Crockett was born and the
site is now Davy Crockett
Birthplace State Park. The Cherokee
continued to occupy the area until Andrew Jackson forced removal on the “Trail
of Tears”.
South
of Greeneville the river enters Davy Crockett Lake held back by the Nolichucky
Dam. The dam was constructed for hydroelectric by Tennessee Electric Power Company in 1912. It was
sold to the Tennessee Valley Authority (TVA) in 1939. The TVA continued to operate the dam for
electrical power until the 1970s. Siltation within the reservoir has made continued efforts to operate hydroelectric
impractical. TVA continues to maintain it for flood control and recreation.
Much
of the pollution of the river is due to high sediment loads from agriculture
and land disturbance caused by mining the upper watershed for feldspar deposits.
Storm water run off, municipal waste treatment plants and septic tank add human
waste coliforms and chemicals. Other detrimental contaminants include livestock
manures, nitrates, nitrites, metals, radioactive material and numerous other
pollutants as we conduct our daily activities.
One
industry is the newly operational U.S. Nitrogen LLC explosive factory near Greeneville. They process ammonia, nitric acid and aqueous
ammonium nitrate for making explosives. Another authorized discharge is Nuclear
Fuels Services (NFS), in Erwin Tennessee, which enriches uranium for nuclear
submarines. NFS is allowed a number of contaminant discharges including small
amount of uranium and it has been documented that this company has had unauthorized
discharges. Presently there is a “hot spot” of radiation in the sediments of
Davy Crockett Lake. These are but two of the many authorized discharges and
polluters that cause concern, there are far more permitted discharges on the
watershed of the two states each polluting and accumulating chemicals into the
waters.
To
protect surface waters our government has legislated Environmental laws such as
the Federal Water
Pollution Control Act (Clean Water Act)
CWA, 1972, administered by the Environmental Protection Agency (EPA). This law: “is
to restore and maintain the chemical, physical, and biological integrity of the
nation's waters by preventing point and nonpoint pollution”. The CWA preamble declares that: “Our nation’s waters should be swimmable and fishable”, water discharges by industry
are authorized by the EPA but normally administered by state through the National
Pollution Discharge Elimination System (NPDES) a requirement of the CWA.
Tennessee
also has water quality law, the Tennessee Water Quality Control Act; 1979, recognizes
that: “the waters of Tennessee are the
property of the state and are held in public trust for the use of the people of
the state, it is declared as public policy that the people of Tennessee, as
beneficiaries of this trust, have a right to unpolluted waters”. In the
exercise of its public trust over the waters of the state, Tennessee has an
obligation to take all prudent steps to secure, protect, and preserve this
right. It is further declared that “the
purpose of this is to abate existing pollution of the waters of Tennessee, to
reclaim polluted waters, to prevent the future pollution of the waters, and to
plan for the future use of the waters so that the water resources of Tennessee
might be used and enjoyed to the fullest extent consistent with unpolluted
waters”.
As
mentioned above an aspect of the CWA is the NPDES which the EPA or State
provide authority for point source discharge approval. It is these
authorizations that are based on the “solution to pollution is dilution”. In
Tennessee it is the Department of Conservation and Environment (TDEC) and their
Water Quality Division. The Water Quality Division works in unison with EPA to
assure waters are not being polluted.
The
“rub” comes to water quality over-sight in the allowances of pollutions. In
Tennessee the rule is referred to it as “de
minimis”. This has been the standard for a long time, dilute it enough and
the pollution isn’t a problem. It is said in Tennessee, “if the water is polluted you
can’t pollute but if it is unpolluted you can pollute”. Water
quality by the state with guidance by the EPA requires anti-degradation to prevent pollution
to occur. However state law has a caveat that discharge pollutants can occur if:
“important economic or social development
in the area in which the waters are located would be beneficial”. Another rule but complicated is the 7Q10 rule,
in short a statistical reference of a stream at a low flow for 7 consecutive
days in a 10-year recurrence period. This rule is connected with pollution in a
diluted manner by de minimus. In
association with the 7Q10 rule it states that if there is less than 5% impact
and does not show a quantitative or cumulative impact then the pollution is
allowed with standards set for specific chemicals by the EPA. Another rule set
by the CWA are mixing zones; at the point of discharge the polluter can have a
higher concentration of pollutant than allowed for de minimus as it will be mixed with the river waters soon and
fulfill the dilution requirement.
The
Tennessee Valley Authority (TVA), 1933, is the major land owner of the
water way and has been charged by Congress with improving navigation, controlling floods, providing for the proper use
of marginal lands, providing for industrial development, and providing power at
rates as low as is feasible, all for the general purpose of fostering the physical,
economic, and social development of the Tennessee Valley region. TVA’s public
lands are the sites of power generating system and arteries for delivering
power. Many of the region’s parks, recreation areas, and wildlife refuges
important for the region’s quality of life are on lands TVA made available. TVA
public lands often have been the catalyst for economic development that
supports these activities. Over the years TVA has transferred some of this land
to other public agencies as with the Tennessee Wildlife Resources Agency
(TWRA). TVA is responsible for the control and use of the Tennessee River and
its tributaries and the development and use of the resources in the Tennessee Valley.
TVA reservoir properties have been used for public parks, industrial development,
commercial recreation, residential development, tourism, and forest and
wildlife management areas. Although TVA is a dominant agency of the Nolichucky
River other agencies include the National Forest Service on the headwaters and
State and local parks and wildlife refuges on the middle and lower sections of
the river. Governmental
agencies are not the only organizations that work for the health of the river, a
myriad of private conservation groups such as the Sierra Club, Tennessee Clean
Water Network and others provide valuable protection often political and/or
legal.
Recreation
on the river includes, tubing, fishing, boating, and more. A study of the river
quickly shows aquatic health concerns and that we could be doing better to
protect the Nolichucky. The Cherokee people lived and flourished on the banks
of the river for centuries directly taking waters for their daily activities.
We take waters from the river but are not able to drink that water until it is
purified. The Nolichucky is fouled with
our waste, trash, sediments, chemicals, water impoundments and oxygen depletion
and all have altered aquatic life, resulting in species loss or decline. Davy
Crockett Lake just a century old is of little value now but impossible to
remove as the contaminations and sediments if released would fill in Douglas
Lake and the down stream river system. We have failed in our effort to protect
what is vital for safe and clean waters and have stolen a civil right of our
citizens to enjoy and prosper with clean water. Industry, jobs and money take
president and we should reverse this action. We count on our government
agencies like the EPA and TDEC to administer the water wisely but business influenced
legislators and executives cater to the money handlers and allow more pollution
than is healthy for the surface waters and the life it nurtures. The CWA and
TWQCA need revision to assure the users of our waters pay the price for clean
water instead of the citizens. This legislative
responsibility would provide the environmental, social and economic justice a
river as beautiful as the Nolichucky deserves.
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