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By Casi Callaway, Mobile Baykeeper
» Along the southern part of Alabama, from the city of Semmes to the Mississippi state line, runs US-98. Unfortunately known as “Bloody 98,” the road was considered dangerously narrow. It also crossed over one end of Big Creek Lake, the primary source of drinking water for Mobile County.
In 1999, the Forestry Commission and the Mobile Area Water & Sewer Service contacted Mobile Baykeeper (then Mobile Bay Watch) about the potential impacts of a road project crossing over Mobile’s drinking water supply. At the time, we were involved in a lawsuit against Mobile Area Water & Sewer Service, but we all clearly saw the need to work together to protect our drinking water. We began writing comment letters and closely followed the issue.
In 2004, the Alabama Department of Transportation produced an environmental assessment and consequent “Finding of No Significant Impact” to advance a road improvement for US-98. The Department determined they would upgrade the road by shifting a 10-mile stretch north about a mile and a half. The new route would cross the headwater streams 13 times.
Mobile Baykeeper, the Board of Health, Mobile Area Water & Sewer Service, Forestry Commission and local citizens feared a potentially serious drop in water quality through the road construction, as well as risks from cars, trucks and hazardous materials that will travel the new road. If built improperly, construction could lead to sediments flowing into the streams causing serious problems in the drinking water supply. In addition, the eco-system would be compromised from a degraded waterway.
Sediment and clay run-off damages streams, surrounding wetlands and Big Creek Lake because it accumulates on the bottom of stream and wetland ecosystems, reaching anywhere from a few inches to a few feet. The clay and sediment smothers plants and bottom dwelling creatures that form the base of aquatic food chains. When these important food sources die out, plants and animals such as large fish and birds begin to die out as well. The result could be the devastating loss of many vital ecosystems.
Wetlands naturally help to purify and refresh water — their loss would cause water quality in Big Creek Lake to drop as well. If sediment entered the streams that feed Big Creek Lake, our drinking supply would be negatively impacted and cost the consumer more to clean it. The lake would see damage from a loss of depth because the sediment decreases the storage area for the lake. Cloudiness, or turbidity in the water, is a serious problem that must settle out or it greatly affects the equipment needed to collect the drinking water.
The last impact is from chemicals being used to ensure pathogens or other living contaminants are eliminated from our water supply. Those same chemicals — in combination with the organics in the sediments — are recognized to cause different kinds of cancer. In other words, Mobile Area Water & Sewer Service would have to change its entire treatment process.
We also were very concerned about the impacts to the drinking water supply from road dust and debris, oil, gas and other pollutants from automobiles and hazardous materials potentially spilled from tankers traveling the road in an accident. All of these pollution sources would harm our drinking water.
Throughout the discussions, Mobile Baykeeper recognized the need for a safer road but remained concerned about these potential effects on Big Creek Lake and surrounding areas. Unwilling to compromise public safety on either front, we requested that an Environmental Impact Statement be completed on the project. As the potential of the road moving through the permitting system moved forward, Mobile Area Water & Sewer Service, their forestry folks and the Board of Health contacted us again. Mobile Area Water & Sewer Service has spent the last several years working to protect the drinking water supply by acquiring land surrounding the lake and its tributaries. We knew the project was moving forward more swiftly when the Department of Transportation filed to condemn and take the service’s land. Mobile Area Water & Sewer Service was determining whether or not it was realistic to fight and we encouraged them to do so. They began meeting separately with the Department of Transportation, members of the County Commission and State Legislature to find a workable compromise.
By the end of 2004, they had found several solutions. The Department of Transportation and the county assured Mobile Area Water & Sewer Service and the Board of Health that they would protect the lake with the following safety precautions:
• No new dirt road subdivisions (this was passed as a local bill through the State Legislature);
• No new septic tanks in the Big Creek Lake watershed;
• A better designed road with storm water retention, hazardous materials catchment areas, etc., using a highly recommended and recognized engineer particularly skilled in water quality protections; and
• The development of subdivision regulations for the County.
Mobile Baykeeper was excluded from these discussions mainly because we remained steadfast in our demand for an environmental impact study. When we met with all the parties shortly before Christmas 2004, we were informed that these new regulations would be withdrawn if we continued pressing for the study.
We felt strongly about an environmental impact study because we saw it as a way to make permanent these regulation and legislative changes. Their refusal to do a study was so strong that Mobile Baykeeper, in conjunction with Alabama Rivers Alliance and Southern Environmental Law Center, decided to sue on behalf of citizens of Mobile County based on violations of the National Environment Policy Act.
The Department of Transportation and Mobile Baykeeper began working on a settlement out of court very quickly. After a year of negotiations, the Department agreed to do two environmental studies that would include immediate and long-term impacts of the project, particularly a review of the secondary and cumulative growth expected from the road and a study of the impacts that such growth would cause. The new measures to protect Big Creek Lake were included in the studies along with a limit on the number of access points on the road and some of the alternative designs that would keep hazardous material from getting into the lake.
Furthermore, the Department of Transportation pledged to create a “working group” that would be composed of citizens and government leaders as a means of opening communication to avoid future lawsuits. Mobile Baykeeper was to make recommendations to the Metropolitan Planning Organization — which coordinates the use of federal funding for transportation projects — and the Alabama Department of Transportation with ways we felt they could avoid future problems. The Department of Transportation also pledged to protect the drinking water resource and environment in future road projects. Mobile Baykeeper, Alabama Rivers Alliance and Southern Environmental Law Center were pleased with the results. We believed that catastrophe had been avoided and that protections were firmly in place to protect the overall quality of life in Mobile County through safer transportation and continued protection of our drinking water.
Construction soon began on the new section of US-98 and with that, our progress came tumbling down. In September 2007, inspections by Press Register reporters discovered that the designs and safeguards that the Department of Transportation legally agreed to undertake either failed or were never implemented at all. The most basic run-off controls were absent (i.e. silt fences, hay bales, etc). All along the new road, erosion was out of control and dirt was running freely into streams and wetlands.
We discovered that even “standard practice controls” were not implemented, much less the ones specified in the settlement. For example, the settlement called for 26 million pounds of rock to line drainage ditches. These ditches would catch the flow of water, dirt and sediment, and hold the runoff in retention ponds rather than letting the mud run unchecked into streams. Instead of rock, the department chose to line the ditches with an inexpensive plastic material. The plastic was easily torn and ineffective at directing the flow of mud away, allowing it to flow into streams. The contractors also broke a “17.5-acre rule,” a standard rule designed to control erosion and prevent runoff that allows only 17.5 acres of land to be exposed at once. The contractors, with special permission from the Department, exposed 143 acres at one time.
Violations of everything Baykeeper fought to protect were obvious. Many steep grades running downhill into water systems had no erosion control. The Escatawpa River, once deemed “probably the finest undeveloped [pristine] blackwater stream in the nation” by federal officials, had a 2-inch layer of red clay on top of its normally clean white sand riverbed, with deposits reaching 7 miles away from the construction site. At the junction between the Escatawpa and Scarbo Creek, the normally clear Scarbo had turned the color of chocolate milk. Scarbo Creek, another important source for Big Creek Lake, had no runoff controls at its banks where construction crossed directly over it. Red clay hills ran straight down into the creek, depositing a large amount of clay to its waters. It actually appeared that the Department was using Scarbo to drain the worksite — the very same creek that Baykeeper fought to protect from any runoff whatsoever.
The Department had blatantly violated the terms of the settlement and had little, if any, concern for the environment and Mobile’s water supply. Although aware of their shortcomings, they continued building with total disregard for the people of Mobile. Twice they reported that the few runoff controls they had constructed were “overwhelmed” by rainfall, yet did nothing to add more controls to prevent the problem from happening again. The Alabama Department of Environmental Management, claiming to inspect the site regularly, found no problems despite repeated calls from residents living on or near the construction site. In several of their reports, these areas were listed as “E,” meaning they were not even evaluated. Only one time prior to the newspaper’s stories did an inspector record that on-site erosion, off-site erosion, sedimentation and the discharge of water quality needed improvement. Both the Department of Transportation and Department of Environmental Management said they were unaware of problems as large as the runoff at Scarbo Creek and Escatawpa even after articles depicting the problems were published in the Press-Register. When shown photographs of the site, including ones that documented more than two feet of clay deposited in wetlands, they had no comment.
After continued pressure by the Press-Register, Baykeeper and the public, the Department was ready to admit their errors in construction and judgment. On Nov. 4, 2007, Mobile was given an official apology by Joe McInnes, director of the Alabama Department of Transportation, who acknowledged that large amounts of sediments had fouled up creeks and wetlands, with unknown consequences to Big Creek Lake. The Department pledged to add nine erosion control employees, along with transferring control of the project to the Montgomery main office. It promised to clean up the damage caused by unchecked erosion, offering to detail a plan defining how they would go about doing so. They also pledged that if water bills rose, the Department would cover the difference so consumers would not pay the price for their mistakes.
Mobile Baykeeper’s members and the citizens of Mobile were pleased to hear the Department accept responsibility. Though the credibility of both the Alabama departments of Transportation and Environmental Management had been incredibly damaged, efforts to restore the environment were welcomed. The Department of Environmental Management has neglected to come forward with any message regarding their failure to ensure environmental safety on the project and that continues to send a message that it is not effective at enforcing the permits they grant.
Unfortunately, mere days after the apology was issued, mud continued to flow into the Escatawpa and Scarbo Creek. Heavy machinery continued to be used along streams without any runoff controls; runoff protections were even found heaped on top of a hill instead of installed. The Press-Register reported that they visited the site and found evidence that heavy machinery had been used in a creek, a major violation of the environmental laws. Moreover, when reporters appeared, construction workers ceased working and did not continue until the reporters had left. Thus, mud and runoff continued to damage the surrounding streams and wetlands, making its way into Big Creek Lake and causing untold damage. The Department of Transportation had, once again, failed to live up to its word. The agency’s credibility took another hit. More importantly, the environment and our quality of life were being endangered again with no end in sight.
Other than the loss of support in the realm of public opinion, the only “punishment” the Department of Transportation has received is a measly $75,000 fine for violations to the Alabama Water Pollution Control Act by the Department of Environmental Management. Mobile Baykeeper believes this course of action to be greatly flawed. The fine is insufficient in ensuring that violations will not occur again (the fine is a mere .18 percent of the project’s total budget).
Mobile Baykeeper has fought to protect our drinking water from all possible dangers. Our motto is “Clean Water, Clean Air, Healthy People” and we believe that the water we must most protect is our drinking water. Healthy people must have clean water — the two are inextricably linked. When the quality of our drinking water goes down, the quality of life inevitably goes down as well.
We believe that widening US-98 was necessary — the highway was simply too dangerous. We fought not to stop its construction but to ensure that it was built in the safest location and safest manner with regards to Big Creek Lake. The Alabama departments of Transportation and Environmental Management broke legal agreements and our trust when they failed to protect the lake. We are ready and willing to take all necessary steps to protect our drinking water so that our quality of life remains clean and safe. w
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Along Black Creek Lake, culverts were installed during road construction of US-98.. |