Kentucky Environmental and Public Protection Cabinet

Volume 18 Number 2Spring 2007

Land, Air & Water is publishedquarterly by the Environmental and PublicProtection Cabinet with state and federalfunds. Subscription to this publication isfree. Write the Office of Communications

and Public Outreach, 5th Floor, CapitalPlaza Tower, Frankfort, KY 40601 or phone502-564-5525 to have your name added to

the mailing list. Address changes anddeletions also should be sent to this office or

faxed to 502-564-3354.

The Environmental and Public Protection Cabinet does not discriminate on the basis ofrace, color, national origin, sex, age, sexual orientation, gender identity, religion, disability,ancestry and veteran’s status and provides, on request, reasonable accommodations includingauxiliary aids and services necessary to afford an individual with a disability an equal opportu-nity to participate in all services, programs and activities. To request materials in an alternativeformat, contact the Office of Communications and Public Outreach, 5th Floor, Capital PlazaTower, Frankfort, KY 40601 or call 502-564-5525. Hearing- and speech-impaired persons cancontact the agency by using the Kentucky Relay Service, a toll-free telecommunication devicefor the deaf (TDD). For voice to TDD, call 800-648-6057. For TDD to voice, call 800-648-6056.

Printed on recycled paper with state and federal funds

Agency CoordinatorsMartin Bess, Mary Jean Eddins,Rosetta Fackler, Allison Fleck,

Gwen Holt, Leslie Isaman, Linda Potter,Elizabeth Robb, Eva Smith-Carroll,

Rose Marie Wilmoth and Chuck Wolfe

State of KentuckyErnie Fletcher, Governor

EditorDesign and Production

Cynthia Schafer

Environmental andPublic Protection Cabinet

Teresa J. Hill, Secretary

Department for EnvironmentalProtection

Cheryl Taylor, Commissioner

Department for Natural ResourcesSusan Carole Bush, Commissioner

Department of Public ProtectionTimothy LeDonne, Commissioner

Department of LaborPhilip Anderson, Commissioner

My fellow Kentuckians:

Firmly believing that a healthy economy goes hand in hand with ahealthy environment, our administration is committed to protecting andimproving Kentucky’s land, air and water.

But state government can’t do it alone. It is essential for our citizens– corporate citizens as well as individual Kentuckians – to play an activerole.

Through our Excellence in Environmental Leadership program – KYEXCEL, for short – a host of companies, organizations and privatecitizens have voluntarily committed to undertake projects that willbenefit our environment.

KY EXCEL, which is administered by the Division of ComplianceAssistance in our Department for Environmental Protection, currentlyhas 76 members. They are carrying out projects in such areas as conser-vation, education, energy efficiency, mentoring and technical assistance,public health, restoration and waste reduction.

I had the pleasure recently of welcoming a new member,Catlettsburg Refining LLC, a subsidiary of Marathon Petroleum Co.,LLC, into the KY EXCEL program. Read about that and learn moreabout the program in this issue of Land Air & Water (See CatlettsburgRefining honored for environmental commitments on Page 3).

I also invite you to explore the KY EXCEL program, and considerbecoming a member by visiting www.dca.ky.gov/kyexcel. Or you maycall the Division of Compliance Assistance at 800-926-8111.

Together, we can protect our environment and grow our economy.

Sincerely,

A message from Governor Ernie Fletcher

Visit Land, Air & Water magazine on the World Wide Webat http://www.eppc.ky.gov/educationoutreach/law/

Online

what’s inside

Printed by Post PrintingLexington, Kentucky

Spring 2007Volume 18 Number 2

featureson the cover

Virginia Iris (Iris Virginica) photographedin Franklin County by Ellis Laudermilk,Kentucky State Nature PreservesCommission.

contentsA message from Governor Ernie Fletcher ............................. Inside front coverMine safety is no accident ............................................................................... 1Catlettsburg Refining honored for environmental commitments .................... 3Conservation districts putting tobacco funds on the ground ........................... 4Conservation easements .................................................................................. 5A healthy Kentucky; free health screenings result from legal action .............. 7Members EXCEL on Earth Day...................................................................... 8Water Quality report provides tool for tackling pollution ............................. 11EPA authorizes Kentucky’s Asbestos-in-Schools Program ........................... 12State councils emphasize importance of forestland ...................................... 12Old landfills get upgrades ............................................................................. 14Task force sets sights on funding to “conserve Kentucky” ........................... 15Online license renewal available ................................................................... 16AML fee program reauthorized at last .......................................................... 17New DOW section helps public water systems reach full capacity .............. 18TMDLs lead the way in improving Kentucky waters ................................... 19Awards .......................................................................................................... 20In the spotlight: Kentucky’s rare species and communities ........... Back cover

2State agencies are working to prevent the

spread of Hemlock woolly adelgid.

Nature’s Finest

Hemlocks at risk

13Three new license plates will helpprotect natural areas in Kentucky.

9-10

13

2

6

Lake Cumberland repairs9-10State agencies are providing a united response

to challenges created by dam repairs.

Know the rules for proper disposal ofhouseboat sewage on Kentucky’s

lakes and rivers.

6 Discharge or no discharge,that is the question

Land, Air & Water 1

Working undergroundin darkness,surrounded by large,

moving mining equipment andoften times working incramped conditions, onecareless mistake can be deadly.Even on the surface, a forgot-ten brake, an inadequate berm,a careless misstep can change alife forever.

The Division of SafetyAnalysis, Training andCertification assistsKentucky’s miners by creatingan environment where issuesof safety awareness becomethe backbone of daily workroutine.

Operating under theumbrella of the Office of MineSafety and Licensing (OMSL)and directed by Franklin Reed,it is the only division of itskind in the nation. Theagency’s safety analysts andtrainers strive to ensure thatKentucky miners have thetraining necessary to do theirjobs safely.

The primary responsibility

of a safety analyst is to preventmine accidents and fatalities byobserving and evaluating thework habits of individualminers. Each time a safetyanalyst enters a mine, heconfers with the foreman aboutmine conditions and workpractices of the employees. Atthe same time, the analystprovides on-the-job counselingto the individual miner andassists in correcting any unsafeor potentially hazardousactions. Studies have shownthat performing this type of on-the-job safety analysis signifi-cantly reduces accidents andfatalities in underground and

Mine safetyis no accidentBy Linda PotterDepartment for Natural Resources

TOP: An electrical worker in anunderground mine.BOTTOM: The mine safetyanalyst conducts a job safetyanalysis on each miner andobserves the equipment operatorsthrough at least one completecycle. Here miners are operatinga double roof bolting machine.Photographs provided by OMSL

Continued on Page 7

surface mines.Another role of the

division is that of training andcertification. Experiencedmining specialists conductprofessional-level minertraining and develop innova-tive programs leading tocertification. An average of13,000 students receiveinstruction and/or testing in800 courses annually. Certifi-cation is provided to thoseminers who master the mate-rial.

The following miningcourses are provided in each ofthe six district offices:

• 24-Hour InexperiencedSurface Miner

• 40-Hour InexperiencedUnderground Miner

• Underground and SurfaceForeman

• Initial MET (mineemergency technician)

• Annual Retraining forSurface and UndergroundMiner

• CPR• Electrical• Shot Firer/Conventional

and Solid BlastingAnother critical compo-

nent in reducing accidents andfatalities is the mine foreman.When the mine foremenperform their jobs in a safemanner, they lead by setting agood example for the miners.

Dedicated to minesafety, this one-of-

a-kind divisionstrives to educateminers on ways toeliminate accidents

and fatalities.

Land, Air & Water

L

2

ittle, white, cottony tufts on evergreen branches conjure upimages of holiday decorations, but unfortunately this is thedescription of an invasive insect pest in Kentucky’s forests.Adelges tsugae, more commonly called Hemlock woolly adelgid(HWA), was first discovered in Harlan County, Ky., last spring.Since the initial discovery, it has also been found in Bell andLetcher counties. To date, 11 infestations with multiple sites havebeen located on private and state forestproperty, the Cumberland Gap NationalPark, Pine Mountain State Resort Parkand Blanton Forest State Nature Pre-serve.

This insect was introduced intoVirginia in the 1950s and has sincespread to 18 states. In Kentucky, it onlyattacks eastern hemlock. Easternhemlock is the only shade-tolerantevergreen that grows in the forests ofeastern Kentucky. States where HWA hasbeen for more than 10 years are reportingan 80-percent-plus mortality rate ofhemlock. Unfortunately, there is not another evergreen in themountains that can take the place of the hemlock.

Eastern hemlock grows on moist soils and is typically foundin the creek drains of south eastern and eastern Kentucky.Hemlock has many ecological associations where it is found.Some beneficial aspects include moderating water temperature inmountain streams, increasing the numbers of stream macroinvertebrates, providing wildlife habitat and acidifying the soil in

which acid-loving wildflowers and plants grow. The loss ofhemlock will gradually change the ecology of the eastern Ken-tucky forests.

“We are very concerned about this pest,” said KentuckyDivision of Forestry Director Leah MacSwords. “Hemlock treesplay an important role for wildlife and ecological diversity.”

HWA is a small 1/32-inch-long aphid-like insect that feeds

By Tim McClureDivision of Forestry

Insect continues to pose threatto hemlocks

TOP LEFT: Kentucky Division ofForestry ranger Lem Johnsonapplies insecticidal soap to hemlocksin Harlan County in 2006.ABOVE: In February, Marty Bray(left) and Bob Wachs inspect ahemlock during the “insect hunt”where volunteers surveyed targetedareas for HWA.Photo by Alice Mandt, KSNPCLEFT: HWA on the underside of ahemlock branch.Photos provided by the Divisionof Forestry

Continued on Page 16

Land, Air & Water 3

Catlettsburg Refining LLC, a subsidiary ofMarathon Petroleum Co., LLC, was honored inJanuary for its commitment to improving the state’senvironment during a ceremony at the company’sfacility. Governor Ernie Fletcher presented thecompany with its certificate as a master member ofKY EXCEL, the environmental leadership programestablished by the Kentucky Department forEnvironmental Protection. The program offers anonregulatory approach that allows the departmentto work cooperatively with Kentucky’s citizens torecognize and reward voluntary efforts that improveKentucky’s environment. Members conduct one ormore environmental projects each year, dependingon the participant’s membership level.

“Catlettsburg Refining is to be commended notonly for taking extra steps to improve Kentucky’senvironment but also for serving as a role model for

other companies,” saidGovernor Fletcher. “Therefinery is working to meetour energy needs and isalso providing stewardshipfor our environment. Thisis one of the ways in whichwe build strong communi-

ties with healthy citizens.”Catlettsburg Refining’s voluntary projects include a series of

ongoing environmental improvements at the facility. It pledged toreplace underground piping and equipment to reduce the risk ofgroundwater contamination, relocate its cumene (a petroleumproduction by-product) truck-loading area to reduce air emissionsand fire risks, and purchase an infrared thermal imaging camera todetect escaping organic vapors that could impact air quality. Itsfourth voluntary commitment is to maintain the Savage BranchWildlife Reserve Corporate Lands for Learning Program. Thewildlife reserve, owned by the facility, consists of 350 acres andis used as an outdoor classroom by 16 schools in the Tri-Statearea of Kentucky, Ohio and West Virginia.

“As a Responsible Care® Co., we work together to continu-ously improve our health, safety and environmental performance,and to communicate with stakeholders about our refinery productsand processes,” said Larry Echelberger, Marathon Petroleum Co.LLC senior vice president. “Receiving the KY EXCEL award,which recognizes environmental efforts, is a special honor. TheCatlettsburg refinery employees are committed to demonstratingwe are worthy of this honor.”

To learn more about KY EXCEL, visit www.dca.ky.govor call 800-926-8111.

Catlettsburg Refining honoredfor environmental commitmentsBy Lisa BarkerDivision of Compliance Assistance

Governor Fletcher greets Catlettsburg Refining employees during a KY EXCELmembership ceremony at the facility. Photo by Creative Services

KY EXCEL encouragesindividuals, organizationsand businesses to completevoluntary projects thatimprove Kentucky’senvironment.

[ ] Toyota Motor Manufacturing Kentucky (TMMK), GeorgetownAhlstrom Engine Filtration LLC, MadisonvilleToyota Logistics Services, GeorgetownToyota Motor Sales, USA Inc., HebronMarathon Petroleum Co. LLC, Catlettsburg Refining, CatlettsburgBlue Grass Army Depot, RichmondKentucky American Water, LexingtonISP CHEMICALS Inc., Calvert CitySwedish Match North America Inc., OwensboroAGC Automotive Americas, ElizabethtownLexmark International Inc., LexingtonAmerican Commercial Lines, Louisville

New KY EXCEL members as of February 2007Master members

Partner members

Leader membersThe J.M. Smucker Co., LexingtonWestlake Vinyl Corporation, Calvert CityLexington-Fayette Urban County Government, LexingtonNorthern Kentucky Water District, Fort ThomasMubea Inc., 6800 Industrial Road, FlorenceMubea Inc., 8252 Dixie Highway, FlorenceMubea Inc., 8212 Dixie Highway, FlorenceMubea Inc., 8224 Dixie Highway, FlorenceJohnson Controls Inc. – FoaMech Facility, GeorgetownDelta Air Lines Inc. – CVG Station, Hebron

Altuglas International, a Division of Arkema Inc., LouisvilleGallatin Steel Co., GhentMcCammish Manufacturing, Columbia Division, ColumbiaCentral Kentucky Fiber Resources LLC, LexingtonAdditional KY EXCEL members listed on Page 8

Land, Air & Water4

Conservation districts continue towork side-by-side with the Governor’sOffice of Agricultural Policy and the 120-county agriculture development councilsto deliver Phase I Tobacco SettlementFunds throughout the state. Thesecouncils, along with the conservationdistricts, play a significant role in estab-lishing processes and model programsdesigned to help farmers—particularlytobacco farmers—diversify and lessentheir dependency on tobacco, whileincorporating sound conservation practicesthat protect the water and other naturalresources.

In fiscal 2005-06, according to theGovernor’s Office of Agricultural Policy,conservation districts administered modelprograms in 87 counties. The programs,which totaled $4,711,354, addressedspecific needs of farmers, while alsobenefiting the environment. A fewexamples of county model programs are:

• Forage Improvement and Utiliza-tion Program—improves pastures,improves and maintains vegetative coversand riparian areas preventing erosion andminimizes animal waste nutrients, sedi-ment and other pollutants into watersupplies.

• Fallen Animal Program—addressesdead animal disposal and associated costs,aesthetics, odors, health risks and possiblewater pollution.

• Shared Equipment Program—provides conservation and other special-ized equipment to help farmers install bestmanagement and other conservationpractices.

• Other projects include FarmLivestock Fencing Improvement; CattleGenetics Improvement; Hay, Straw andCommodity Storage; On-farm Water

Enhancement; Agricultural Diversification;Technology; Dairy and Swine Diversifica-tion; Cattle Handling Facilities and othercounty-specific projects.

The General Assembly also estab-lished and allocated funding of an Envi-ronmental Stewardship Program from thetobacco settlement funds. The Division ofConservation receives millions of dollarsin cost-share assistance funds that can beused to help agricultural producers complywith state agricultural water quality lawsand other environmental complianceprograms.

These funds are allocated throughconservation districts, utilizing theKentucky Soil Erosion and Water QualityCost Share Program. For more informationabout the state cost share program visithttp://www.conservation.ky.gov/.

“Conservation district supervisors areto be commended for cooperating with theGovernor’s Office of Agricultural Policy,the county agricultural development

councils and Kentucky’s farmers,” saidSteve Coleman, director of the Division ofConservation. “Thanks to this cooperationand hard work, Phase I funds are being puton the ground where they can do the mostgood.”

Conservation districts puttingtobacco funds on the groundBy Curtis KirkDivision of Conservation

Kentucky families continue to make the adjustment from tobacco production to investments in other agricultural-based incomes. Through help from their local conservation districts, farmers are finding new

ways to recover that lost tobacco revenue and increase their assets, whilehelping protect the environment.

Forage improvement and utilization, and on-farm water enhancement best managementpractices improve a farmer’s ability tomanage his pastures and increase production.Farmers can utilize existing water supplies(streams and ponds) by piping water toalternative watering systems, such as thefountain or watering tank (below). Byexcluding livestock from streams and ponds,a farmer can minimize animal wastenutrients, sediment and other pollutants fromentering water supplies.Division of Conservation photos

Land, Air & Water 5

Drink up and recycle

On Aug. 3, 2006, Congress approved a tremendous expansion of the federalconservation tax incentive for conservation easement donations. On Aug. 17 thepresident signed into law the Pension Protection Act of 2006. This new law

allows for substantial tax benefits if a conservation easement is donated to a qualifiedorganization for conservation purposes between Jan. 1, 2006, and Dec. 31, 2007. Thenew law:

• Raises the deduction a landowner can take for donating a conservation easementfrom 30 percent of their income in any year to 50 percent.

• Allows qualifying farmers and ranchers to deduct up to 100 percent of theirincome.

• Extends the carry-forward period for a donor to take tax deductions for a volun-tary conservation agreement from five to 15 years.

Many people aren’t familiar with conservation easements. A conservation easementis a legal agreement between a landowner and a nonprofit land trust or governmentagency that permanently limits uses of the land in order to protect important conserva-tion values. It allows the landowner to continue to own and use the land, as well as sellit or pass it on to heirs.

Under a conservation easement, a landowner gives up some of the rights associatedwith the land. The provisions under the agreement can vary widely depending on thenatural resource or historic feature being protected. An agreement to protect rarewildlife habitat might prohibit any development, while another might allow continuedfarming and the building of additional agricultural structures.

For example, Ron Scott, land protection specialist with the Kentucky State NaturePreserves Commission, says, “The commission would consider holding an easement butonly if it was protecting ecologically significant land.”

Tony Wheatley, staff assistant with the Kentucky Department of Fish and WildlifeResources, says his agency would consider holding an easement as long as the propertyowner was willing to have the property open to year-round hunting and fishing.

Protecting valuable acres of wildlife habitat and open spaceConservation easementsBy Mary Jean EddinsKentucky Heritage Land Conservation

Currently, the Kentucky Department ofParks is actively seeking donated conser-vation easements along the Pine MountainTrail State Park in Bell, Harlan, Letcherand Pike counties.

For more information about conserva-tion easements and the Pension ProtectionAct of 2006, contact the Land TrustAlliance, a national organization thatlobbied for these tax changes, atwww.lta.org. If you are interested indonating an easement, it is important toremember that an agency will only acceptdonations if it fits the agency’s missionand purposes. In Kentucky, severalgovernment agencies willing to holdconservation easements are the KentuckyState Nature Preserves Commission,Department of Parks, Department of Fishand Wildlife Resources and the WildRivers program in the Division of Water.Statewide, the Kentucky Chapter of theNature Conservancy will hold conserva-tion easements as will the KentuckyNatural Lands Trust. For a comprehensivelist of state and local land trust entitiescontact the Land Trust Alliance.

The law:

Qualifying dates:

Pension Protection Actof 2006

Jan. 1, 2006, throughDec. 31, 2007

What is it?Extends significant taxbenefits to landowners andfarmers for the donation ofconservation easements.

Globally rare Braun’s rockcress (Arabisperstellata), listed as endangered by the U.S.Fish and Wildlife Service, is protected by aperpetual conservation easement covering 112acres in central Kentucky. The easement wasdonated by a private landowner to theKentucky State Nature Preserves Commis-sion. Photograph by Marc Evans, KSNPC

Land, Air & Water6

Kentucky’s miles ofstreams and rivers andacres of lakes cover

great stretches of the state.They offer many recreationalopportunities from fishing toswimming, skiing, parasailing,scuba diving or just glidingthrough the waters.

While boaters enjoy thefreedom from everydayconcerns, they don’t alwaysthink of their watercraft as asource of pollution. However,any watercraft equipped with atoilet produces wastewatercontaining dangerous bacteriaand organic material.

Improper disposal ofhuman waste during boatingmakes water unsuitable forrecreation and can causesevere human health problems.

Federal laws govern thedischarge of sewage from

vessels, and all states arerequired to be in compliance.Across the nation, bodies ofwater are designated as either“discharge” waters or “no-discharge” waters. On no-discharge waters it is illegal todischarge wastewater from awatercraft, whether treated ornot. On no-discharge waters,watercraft with toilets musthave holding tanks that can bepumped out at pumpoutstations located at mostmarinas.

On discharge bodies ofwater, vessels outfitted withtoilets must have marine

sanitation devices, commonlycalled MSDs.

Most houseboats areequipped with MSDs, whichconsist of a toilet connected toa device that receives, treats,retains or discharges sewage.There are three types of MSDsfor houseboats, and all arebuilt and certified to meetCoast Guard standards.

Type I MSDs treat thesewage with disinfectantchemicals and other meansbefore it is discharged. Thetreated discharge must meethealth standards for bacteriacontent and must not show anyvisible floating solids.

Type II MSDs are alsotreatment devices but meet ahigher level of sewagetreatment than do Type IMSDs. Because Type II is

Houseboats, watercraftconsider wastewater dischargesduring summer fun in the sun

Hundreds ofrecreational

watercraft will belaunched on

Kentucky’s lakesand rivers come the

first signs ofspring.

Know the rules ofthe water beforeyou drop anchor.

By Maleva ChamberlainFormer Division of Water employee

LEFT: A family enjoys a day ofrelaxation on Lake Cumberland.CENTER: Improper disposal ofwaste can cause waters to beunsuitable for swimming.BELOW: Lake Cumberland isconsidered one of the finestfishing and boating areas in theeastern United States.Photos provided bywww.kentuckytourism.com

Barren River Lake, BuckhornLake, Carr Fork Lake, CaveRun Lake, Dale Hollow Lake,Dewey Lake, Fishtrap Lake,Grayson Lake, Green RiverLake, Lake Beshear, LakeMalone, Laurel River Lake,Nolin River Lake, Rough RiverLake, Taylorsville Lake,Paintsville Lake and YatesvilleLake.

No-discharge waters inKentucky:

Discharge waters:Navigable rivers, Lake Barkley,Lake Cumberland and KentuckyLake.

Continued on Page 18

Land, Air & Water 7

Asthma. Cancer. Diabetes. High blood pressure. HIV. These are some of the diseasesand health conditions that thousands of residents of Louisville’s west end will be tested forat free health screenings beginning later this year. The initiative may very well save lives.

The health screenings are one of the positive results of a 2005 legal settlement betweenthe Kentucky Environmental and Public Protection Cabinet (EPPC), the U.S. EnvironmentalProtection Agency and the U.S. Department of Justice with the Louisville and JeffersonCounty Metropolitan Sewer District (MSD) on sewage overflows. The settlement requiresMSD to take corrective actions to bring the system into compliance with water qualitystandards and to perform “supplemental environmental projects” under state supervision.

One project is to provide free health screenings for residents of the “Rubbertown” areaof west Louisville, which is adjacent to the city’s industrialized area. The settlementagreement calls for $1.2 million to be available for the program.

“The Rubbertown screening process is a first step toward improving the health ofresidents in this area,” Governor Ernie Fletcher said during a March 7 press briefing inLouisville. “The intent of the screening is to provide early detection, treatment and preven-

tion, and to bring about real resultsthat create a healthy community.” Dr. Adewale Troutman, directorof the Louisville Metro Department ofPublic Health and Wellness, said thehealth screening process will involve adiverse group of people and organiza-tions interested in promoting detec-tion, treatment and prevention ofdisease. “With this initiative, we have achance to screen for and identifycertain chronic illnesses, educate thepublic about issues of importance totheir health, and get them into the

health and health-care delivery system if they have no current source of care,” said Troutman.

The local health department will be responsible for counseling and

follow-up care through existing resources or associated programs. A resident who does nothave a doctor or health insurance will be referred to the Louisville Primary Care Associa-tion, which includes the University of Louisville Primary Care Center/University Physicians'Associates, Family Health Centers Inc., Park DuValle Community Health Center Inc. andthe Department of Public Health.

Arnita Gadson, executive director of the West Jefferson County Community TaskForce, commended MSD, EPPC and the health department for the screening process.

“Even though the health screenings come from unfortunate events, I’m glad that anopportunity has been presented to look at the health issues of residents in the Rubbertownarea and develop a baseline for further study. With this project, we can begin to build afoundation for the development of a database for more in-depth study,” Gadson said.

Approximately 30,000 residents of Rubbertown, including children, are eligible for thescreenings. MSD’s plan will eliminate more than 4 billion gallons of storm water runoffand untreated sewage from entering the Ohio River each year.

Mine safetyis no accidentContinued from Page 1

This happens only when foremen havebeen properly trained and insist thatsafe work habits and procedures arefollowed. To that end, the division hasrecently revamped its training forunderground mine foremen (MFT).Successful completion of this programwill result in more knowledgeable andeffective frontline supervisors whoseleadership will have a positive effect onthose miners under their supervision.

MFT classroom instruction isoffered in all district offices and byseveral private instructors. The coursethoroughly covers the following topics:pre-shift examination, substance abuse,Kentucky mining law, gases, proper useof explosives, fires and explosions,electricity, mine ventilation, first aidand CPR, and general mining. In aneffort to provide maximum accessibil-ity to this crucial information, the entirecourse can be downloaded from theOMSL Web site at http://www.omsl.ky.gov.

Since mine foremen play such apivotal role in mine safety, the divisionhas also created the Foreman’s Ad-vanced Continuing Education(F.A.C.E.) program. Mine safetyanalysts conduct this program with theforeman during each visit to a surfaceor underground mine. Analysts teach,advise and assist the foreman in areaswhere he appears to be deficient.Questions are asked along the way todetermine the foreman’s knowledge ofmining law.

Director Reed often speaks withminers during OMSL classes andfervently closes with this directive:“Safety – It’s not your right to choosethe safe way. It’s your responsibility.”

By conducting on-the-job safetyanalysis and performing quality minertraining, miners will work safer andreduce the chance of debilitating injury.The division will continue its steadfastefforts to protect the coal industry’snumber one resource—the miner.

A healthy KentuckyFree health screenings result from legal actionBy Ricki GardenhireOffice of Communications and Public Outreach

Dr. Adewale Troutman (left) and Governor ErnieFletcher explained the significance of the healthscreenings as a first step in improving the health ofRubbertown area residents. Creative Services photo

Land, Air & Water8

Earth Day provides each of us with an opportunity to investtime and energy into activities that help preserve and enhanceKentucky’s environment. This year several KY EXCEL memberswere involved in a number of exciting and innovative Earth Dayactivities. KY EXCEL members can be found doing things tobenefit the environment from the business perspective. Theyparticipate in community outreach activities that improve theenvironment and encourage their employees and others to do thesame.

The Division of Compliance Assistance (DCA) would like toshare some of the Earth Day activities that KY EXCEL membersperformed.

• Catlettsburg Refining LLC—Catlettsburg Refining andNeal Plant, Marathon Domestic LLC employees and theirfamilies participated in a Highway Cleanup Earth Day activity,cleaning four to five miles of roadways along U.S. Hwy. 23 inKentucky and River Road in West Virginia.

• Kentucky American Water—Kentucky American Watersponsored and participated in Reforest the Bluegrass and ArborDay at the Arboretum in Lexington. Additionally, they were thetitle sponsor for Downtown Sweepstakes, an event to pick uplitter as part of the Great American Cleanup.

• Lexington-Fayette Urban County Government(LFUCG)—LFUCG gave away free mulch to Fayette Countyresidents at the Lexington Recycling Center, held an electron-ics recycling event for Fayette residents, offered a free trashdisposal day at the Bluegrass Waste Alliance Transfer Station,picked up trash in public areas as part of the Keep AmericaBeautiful Great American Cleanup and planted tree seedlingsalong stream banks as part of Reforest the Bluegrass at TownBranch Trail.

• Lexmark International—For more than a decade,Lexmark has provided an Earth Day fair for its employees atits Lexington campus. This year's celebration featuredrecognition for Lexmark's acceptance as a master member inKY EXCEL. The event included hybrid and alternative-fuelcars, performance of the play, "Walden: The Ballad ofThoreau," presentation and raptor show by the SouthwesternHigh School Conservation Club and a 5K run/walk.

• Gallatin Steel Company—This steel manufacturerhosted a scrap recycling day, where residents from surround-ing counties could bring miscellaneous metals.

• The Earth Angels and Community Hearth Inc.—Thisnonprofit hosted a festival at the Garrard County fairgrounds,showcasing fashions created from recycled materials, animalsfor adoption, vendors with Earth-friendly products andpractices, and an environmental education hall with displayson global warming, solar panels and more.

• American Cave Conservation Association—This HartCounty member sponsored a cave restoration project, which

focused on the protection of karst resources, especially sensitivehabitats and critical water supplies. Volunteers received lunch andtours of Hidden River Cave and the American Cave Museum.

• Eastern Kentucky PRIDE—PRIDE hosted an annualspring cleanup for the 38-county regional area they serve.Volunteers cleaned up illegal dumps, roadsides and waterways.

• Toyota Motor Manufacturer Kentucky (TMMK)—TMMKexhibited an environmental time line that showcased its history ofenvironmental accomplishments, hosted an art day at its on-sitechildcare center, gave away tree seedlings, planted a tree at alocal school and showcased an environmental exhibit at theLouisville Zoo’s Earth Day event.

• The Green and Tradewater Rivers Basin Team—The teamremoved trash and debris from the banks and stream channel ofBacon Creek in Hart County.

If you would like to participate in voluntary activities toimprove Kentucky’s environment, contact DCA at 800-926-8111.There are a number of ways to get involved, and you may evenqualify for membership in KY EXCEL. KY EXCEL is open toany individual, organization, community or business that wishesto improve and protect Kentucky’s environment in ways thatextend beyond Kentucky’s environmental requirements.

MembersBy Lisa BarkerDivision of Compliance Assistance

Advocate membersKentucky Pollution Prevention Center, LouisvilleBluegrass PRIDE, LexingtonStrodes Creek Conservancy, WinchesterAhmad H. Malkawi, LexingtonKenya Stump, LexingtonDeer Park Neighborhood Association, LouisvilleSouthwestern High School Conservation Club and Raptor Center, SomersetAssociated General Contractors of Kentucky, FrankfortEastern Kentucky PRIDE, SomersetHyatt Regency Lexington, LexingtonMountain Association for Community Economic Development Inc., BereaKinderCare Learning Center #300418, LouisvilleHumana Incorporated, LouisvilleEngineering Consulting Services Inc., LexingtonKentucky Solar Living LLC, RichmondMount Saint Joseph Conference and Retreat Center, Maple MountTom and Debbie Griswold residence, NicholasvilleECO-CELL, LouisvilleEarthSafe, MackvilleKentucky Water and Wastewater Operators’ Association, FrankfortMicrobac Laboratories Inc., LouisvilleThe Earth Angels and Community Hearth Inc., LancasterAmerican Cave Conservation Association, Horse CaveRejeana Thompson, SadievilleValley View Arabians, SadievilleWyatt, Tarrant & Combs LLP, LexingtonChestnut Committee of the Kentucky Nut Growers Association, FrankfortCreekside at Andover Homeowners Association, Lexington

KY EXCEL members Continued from Page 3

on Earth DayEXCEL

Land, Air & Water 9

Governor Ernie Fletcher has made the Lake Cumberland/Wolf Creek Dam project a priority of his administrationand is working to address critical issues of public health

and safety, as well as potential economic repercussions related todrastic reductions in the lake’s level.

“There is no doubt about the urgency of proceeding with theWolf Creek Dam repairs,” said Governor Fletcher. “We aredetermined to preserve the great quality of life in the LakeCumberland region while placing the highest importance onpublic health and safety. We obviously face some immediatechallenges and inconvenience, but the benefits of making thisstructure safe will be felt for generations to come.”

In view of the complexities surrounding these issues,Governor Fletcher appointed an executive director of interagencyservices for the Lake Cumberland region. Hilda Legg, ofSomerset, has a vast background in coordinating projects at thestate and federal levels. Her office in Somerset will serve to linkcitizens and communities of the Lake Cumberland region withstate government offices that can provide information andassistance.

The U.S. Army Corps of Engineers in late January announcedplans to lower the water level in Lake Cumberland to reduce

LakeBy Allison FleckDivision of Water

pressure on Wolf Creek Dam, which the agency deemed at highrisk of failure. As of Feb. 23, the water level had reached 680feet above sea level, which is 10 feet below normal winter pool.The Corps of Engineers plans to maintain that lower level throughnext summer. Normal summer pool level is 723 feet above sealevel.

The repair project involves filling the porous limestone withgrout, a runny concrete material, and building a thick under-ground wall inside the dam’s earthen embankment to replace asmaller wall built in the 1970s. The new wall will be as much as75 feet deeper than the original wall.

Built between 1936 and 1952, Wolf Creek Dam and LakeCumberland have provided flood control, hydropower, watersupply and water quality benefits for the Cumberland Riversystem and surrounding region. The lake is also a popularrecreation area, drawing about 4.7 million visitors a year. Tourismhas a $150 million economic impact on the four-county areasurrounding Lake Cumberland.

With the dam repairs expected to take as long as seven years,many are worried about the viability of the lake as a recreationdestination while stakeholders have concerns about their financialfutures. Yet even with its reduced surface area, Lake Cumberland

challengesat

meeting

Land, Air & Water10

State agencies are providing aunited response to challengesof dam’s structural integrity.

is the third-largest lake in Kentucky and one of the largest east ofthe Mississippi River. At 680 feet, say tourism officials, there isplenty of water in this large, deep lake to entice boaters andanglers.

Communities that depend on Lake Cumberland as a watersupply source are also concerned. More than 203,000 peopledepend on Lake Cumberland for drinking water, sanitary sewerand fire protection. With the lake at 680 feet above sea level, theseven water systems producing clean water and the 13 purchasingsystems in the lake area are in good shape. With the possibilitythat the Corps will lower the lake even further, these watersystems are taking measures to ensure their water withdrawalcapabilities.

“The seven producing water systems are being proactive andare working on alternative plans,” said Dr. David Morgan,director of the Kentucky Division of Water. “One system plans tofloat barges to pump water back to the plant intake. Another isslowly floating its intake into deeper water. Plant extensions andrelocations are also under consideration. We at the division areworking with these water systems to expedite permitting andapprovals for the modifications.”

Pipe extensions are also being considered at the John

Sherman Cooper Power Station, which provides electricity to200,000 homes and depends on lake waters for cooling its coal-fired generators.

The Governor’s Office for Local Development is workingwith local governments and plant operators to identify availablefunds and prepare funding requests. The Corps of Engineers willuse $2 million in federal money to extend some boat ramps andwiden parking areas. The Kentucky Commerce Cabinet is alsoworking with boat ramp and marina owners to keep the lakewaters accessible to boaters and fishermen.

Response to the issues at Wolf Creek Dam must include thepossibility of dam failure. Engineers with the Division of Water’sDam Safety program and personnel from Kentucky EmergencyManagement continue to work with downstream counties todevelop emergency action plans and establish membership in theNational Flood Insurance Program.

OPPOSITE PAGE: The Wolf Creek Damis undergoing a repair project that willstrengthen the floodwall.Photos provided by Department of Education

THIS PAGE: Lake Cumberland’s waterlevel is currently 680 feet above sea level,which is 10 feet below normal winter pool.Photos provided by Department of Education andDepartment of Fish and Wildlife ResourcesCumberland

Hilda Legg is executive director of the Governor’s Office ofInteragency Services for the Lake Cumberland Region, 807Monticello St., Somerset, KY 42501. Telephone: 606-677-6125

Land, Air & Water 11

A two-volume report completed inlate 2006 by the Division of Water (DOW)on the quality of water in the streams,lakes and reservoirs of all major riverbasins of the commonwealth will be usedto develop strategies to improve thosewaterways.

The document fulfills Clean Water Actrequirements to assess and report currentwater quality conditions to the U.S.Environmental Protection Agency everytwo years (Section 305[b]) and report onthe number of impaired waters needingdevelopment of Total Maximum DailyLoads (Section 303[d]).

The report offers a statewide numberof Kentucky waterways that are “im-paired,” meaning their water quality doesnot support the uses for which they aredesignated. The number of impairedstreams is greater than in previous reportsbecause more water was assessed, said Dr.David Morgan, DOW director.

“This should not be interpreted as adeclining trend in water quality, but ratheras a reflection of increased monitoring,”said Morgan. “Under the watershedapproach, increased screening is nowoccurring in some regions of the state thatpreviously had not been monitored to thisdegree. For example, the report reflects thefirst intensive watershed sampling in theBig Sandy River Basin.”

The division initiated a five-yearrotating watershed management approachin 1997 to evaluate pollutant sources,problems and solutions. Given the fact thatwater does not obey political boundaries,

the watershed approach allows the state tomanage pollution on a priority basis.

Impaired waters total 5,163 miles on910 stream segments and more than98,300 acres on 45 lakes and reservoirs infive basin management units acrossKentucky. Primary causes of impairmentare sedimentation, bacteria, habitat

alterations and nutrients. The reportindicates the majority of issues associatedwith impairment arise from nonpointsource pollution, which refers to pollutionthat runs off the land rather than from aspecific source, such as a pipe.

“Contaminants such as motor oil,grease, fertilizer and sediment are washed

Water qualityreport providestool for tacklingpollutionBy Allison FleckDivision of Water

into our waterways by rain or meltingsnow rather than from any single identifi-able source,” said Tom VanArsdall,manager of the Water Quality Branch,which produced the report. “As Kentuckycontinues to grow, these and other sourcesof impairment are likely to increase. Thisreport is an excellent tool for identifyingproblem areas, developing treatmentprograms and implementing pollutionprevention measures.”

The Division of Water is already inthe process of developing a series ofcalculations for allowable amounts ofpollutants for the impaired waters. Thesecalculations are known as Total MaximumDaily Loads (TMDLs). Approximately1,600 TMDLs are needed for impairedsegments.

Several TMDLs are being developedfor DOW by outside parties, including theOhio River Valley Water SanitationCommission, state universities, consultantsand municipalities. The EPA is alsoassisting the state with TMDL develop-ment. (See TMDLs lead the way inimproving Kentucky waters on Page 19.)

Public comment on Volume 2 of thereport (list of impaired waters) endedFeb. 26.

Danielle Rogers, with the Kentucky Divisionof Water, measures stream discharge (theamount of water flowing through a plane inthe water per unit time) on Hardwick Creekin Powell County. Division of Water photo

Dr. David Morgan

“Under the watershedapproach, increasedscreening is nowoccurring in someregions of the statethat previously hadnot been monitored tothis degree. Forexample, the reportreflects the first inten-sive watershed sam-pling in the Big SandyRiver Basin.”

Land, Air & Water12

Kentucky is blessed with 11.9 million acres of forestland.Eighty-nine percent of the forestland is privately owned. Forest-land contributes significantly to the local and state economy; itprovides thousands of forest products and wildlife habitat as wellas an abundance of recreational opportunities. It also helps toensure a plentiful and safe supply of drinking water.

There are more than 423,000 forest landowners in Kentucky.The majority of them own in excess of 10 acres. Surveys indicatethat many of these landowners are unaware of the value andimportance of their forestland.

In an effort to broaden their awareness, an initiative driven bythe University of Kentucky Cooperative Extension Service, theKentucky Division of Forestry and the Kentucky WoodlandOwners’ Association is helping communities establish localforestry councils. These forestry councils are locally drivengrassroots organizations that provide a platform for discussingand debating forestry issues. They make forestry issues locallyrelevant and help provide a voice for the hundreds of thousands ofKentucky landowners.

“Local forestry organizations give woodland owners anopportunity to learn more about their woodlands and the thingsthat can and should be done,” said Dr. James T. “Jim” Corum, oneof the founders of the Harlan County Forestry Association. “Thesuccess of local organizations is a precursor to achieving policy

State councils emphasize importance of forestlandBy Gwen HoltDivision of Forestry

In January, the U.S. EnvironmentalProtection Agency (EPA) granted authorityto the Kentucky Division for Air Quality(DAQ) to oversee compliance with federalasbestos-in-schools requirements. EPA’saction is based on the DAQ’s demonstra-tion that Kentucky’s Asbestos-in-SchoolsProgram is as effective as the federalprogram administered by EPA.

Asbestos is a naturally occurringmineral fiber that can be added to a varietyof building products, such as insulation andfire retardants. In good condition, asbestosmaterials do not pose any hazards tobuilding occupants. However, in poorcondition the materials can release fibersinto the air through disturbance or deterio-ration. Over time, breathing the fibers cancause health hazards such as asbestosis andlung cancer.

In 1986, the federal Asbestos Hazard

EPA authorizes Kentucky’s Asbestos-in-Schools ProgramBy Parker MooreDivision for Air Quality

Emergency Response Act (AHERA) wassigned into law and required all schools tosafely manage asbestos materials in schoolbuildings. AHERA called for all kindergar-ten through 12th-grade public and privateschools to have their buildings surveyedfor asbestos materials by state-accreditedprofessionals and to have the surveyfindings described in asbestos manage-ment plans. Each school’s plan mustinclude a strategy for maintaining or safelyremoving the identified materials.

The principal guidance of AHERA isto manage asbestos materials safely “inplace.” This means teaching people torecognize asbestos-containing materialsand actively manage them. Removingasbestos is not always necessary if thematerials are still intact and in goodcondition.

“The law requires schools to

document all asbestos materials and tomake parents, teachers and buildingoccupants aware of it too,” said JohnLyons, director of the Division for AirQuality. “The waiver gives Kentuckyprimary authority to oversee the law andmoves the federal agency (EPA) into thebackground.”

The DAQ’s role in this process is toreview asbestos management plans forKentucky’s 4,000 school buildings, visitthe schools to verify the plans’ contentsand make sure that schools are sticking totheir strategies for managing the asbestosmaterials in a safe manner.

The EPA’s approval—called a waiversince the federal agency is waiving itsauthority and turning authority over to thestate to monitor compliance with theasbestos-in-schools requirements—became effective Jan. 23, 2007.

Members of theHarlan County

Forestry Councilmet recently to

discuss localforestry issues.Photo submitted

changes and priority changes at the governmental level that needto happen. These forestry organizations give landowners themeans to bring about these changes when one person could not.”

Typical members are landowners, forest industry representa-tives, local county and city officials and anyone interested inforestry issues. Topics addressed at these meetings includeforestland taxation, forest management options, timber value andsales, and the development of local markets.

Several communities have established councils and manyothers are in the planning stage. Counties with active councils areFleming, Harlan and Henry. Cumberland, Bell and Whitleycounties are in the early stages of council formation.

If you would like to establish a council in your community,contact your local county extension agent or the KentuckyDivision of Forestry at 502-564-4496.

Land, Air & Water 13

Aluminumfacts

Land, Air & Water subscribers might recall that the Ken-tucky Heritage Land Conservation Fund Board (KHLCFB)has been contemplating changing the designs of Kentucky

nature license plates. Currently, the three choices are the cardinal,bobcat and viceroy butterfly.

During the past nine months, the board has solicited designsand public comment about potential replacements. The boardwas pleased with the designs and suggestions submitted by thepublic, although it was difficult to select a favorite.

To help in the decision making process, the Environmentaland Public Protection Cabinet set up a state-of-the art votingmachine at last summer’s Kentucky State Fair so that fairgoerscould choose their favorite design. Eight newly proposeddesigns, as well as the three current ones, were on display. Thepublic could also make their favorite selection over the Internet.

Finally after months ofdeliberations, board membersvoted and selected three newdesigns. Consequently, thesedesigns, which feature ahummingbird, dragonflies andCumberland Falls, were alsothe most popular designs atthe state fair and throughInternet voting. The new“Nature’s Finest” platesshould be available in January2008.

The board is excited about the new designs and, overthe next several months, will be working with the artistsand 3M, the company that manufactures the sheeting that isused to produce the license plates.

“We are hopeful that the new designs will provepopular with Kentucky drivers,” said Frank Fitzpatrick,chair of the marketing and awareness subcommittee of theKHLCFB. “The extra $10 goes to fund an extremelyimportant land conservation program in Kentucky. I wouldlike to strongly encourage the public to purchase one ofthese plates.”

The board wants to thank everyone who submitted adesign or suggestion. The public response was impressive and isindicative of the popularity of the nature license plate program.

The nature license plates cost an extra $10, and that moneyis used to purchase and manage selected natural areas and

Three new plates will helpprotect selected naturalareas and wildland habitatacross Kentucky. It onlycosts you an extra $10.By Mary Jean EddinsKentucky Heritage Land Conservation

wildlife habitats across Kentucky. Approximately $1 millionis generated annually from the sale of nature license plates. Kentucky loses 130 acres daily to development, and thepurchase of a nature license plate ensures that a portion ofKentucky’s natural heritage is left intact for future genera-tions to enjoy.

For informationabout the KentuckyHeritage Land Conser-vation Fund Board or thenature license plateprogram, contact MaryJean Eddins atmary.eddins@ky.govor 502-573-3080.

nature’sfinest

TOP TO BOTTOM: Dragonflies, a hummingbird and CumberlandFalls are featured on the upcoming nature license plates that will beavailable for purchase in January 2008.License plate renderings provided by Creative Services

Land, Air & Water14

Two old, closed landfills inLeitchfield illustrate the environ-mental and financial problems that

“historic” landfills can present to localofficials.

The old Leitchfield Landfill, usedfrom the mid-1950s as an open dump andthrough the late 1970s as the city landfill,is located on top of caves connected tonearby springs. The second site, the oldLeitchfield Landfill at Millwood, was inuse from the early 1980s through 1992.The Millwood landfill is in a remotelocation, and leachate that was beingcollected and stored could not be pumpedto the wastewater collection system in anaffordable manner. Consequently, the cityhad to spend $16,000 a year to haul andtreat leachate off-site. Leachate is waterthat collects contaminants as it seepsthrough the landfill.

These two Grayson County landfillswere among sites recently upgraded withmoney from the Kentucky Pride Fundcreated by the 2002 General Assemblyunder House Bill 174. Environmentalremediation work at old landfills is aimedat protecting human health and theenvironment—a top priority of theEnvironmental and Public ProtectionCabinet (EPPC) and the Fletcher adminis-tration, said EPPC Secretary Teresa J. Hill.

“The city of Leitchfield is extremelygrateful and fortunate to receive benefit ofHB 174 funding to improve conditions atold landfill sites…without HB 174resources, the city would be dealing withthese waste management and environmen-tal issues without an end in sight,” saidDarrell Harrell, Leitchfield’s director ofpublic works.

At the old Leitchfield Landfill, wastewas consolidated, the landfill cover wasupgraded to limit water contact and astorm drainage control system wasconstructed. The project cost $2.9 million.

“Now, a large part of this 100-acresite can be considered for beneficial use bythe city and potentially by the state. Wherewaste used to be, we can now consider acity park, a roadway or simply greenspace. This HB 174 process with theDivision of Waste Management (DWM)has had a tremendously positive impact onour community that will be enjoyed by allfuture generations,” said Harrell.

A new leachate treatment system was

constructed at Millwood, including aholding lagoon and constructed wetlandsto treat leachate. The landfill improve-ments cost $650,000. The city is construct-ing a small arms firing range at this site foradditional benefit to the community.

Other current projects under theKentucky Pride Program are:

• Old Floyd County Landfill—morethan $3 million in environmentalremediation work was done including abarrier-type cap that prevents the entry ofrainwater and minimizes leachate, surfacewater drainage, a leachate collection andpumping system and a sewer line to thecity of Martin wastewater treatment plant.

• Old Cynthiana Landfill/HarrisonCounty—a $1.2-million system to treatleachate on-site was constructed. Previ-ously the city paid $60,000 a year to haveleachate hauled off-site and treated.

• Old Manchester Landfill/ClayCounty—construction of a wetland to treatleachate should be finished this summer atan estimated cost of $5 million. Inaddition, waste was consolidated so itcovers a smaller area and drainageimprovements were made.

• Old Perry County Landfill—worktotaling $3.7 million should be completedby summer including regrading the landfillcap, barrier upgrade of the east area cap,some waste relocation, drainage featuresand a leachate drain and pumping system.

• Old Harlan County Landfill—around $3.2 million in environmentalremediation work was done includingoverall site stormwater and erosion controlimprovements, slope stabilization, con-struction of a barrier-type cap and aleachate collection and treatment systemincluding a lagoon and wetland cells.

• Scott County landfills—more than$2.3 million in work was completed undera memorandum of agreement between theEPPC and the city of Georgetown with thestate providing $1.86 million. Improve-ments include consolidating waste andinstalling a leachate collection systemconnected to a wastewater treatment plant.Construction was completed at Briar HillLandfill last year. The city contracted out$1.2 million in cleanup activities andlandfill capping work.

• Old Campbellsville Landfill/TaylorCounty—the $9-million project includedrelocating waste found off-site, wintercover placement, constructing a drain todivert spring water away from the landfilland a leachate collection and pumpingsystem. Construction on the next phasewill begin this spring, and completion isexpected in October including constructionof a barrier-type cap, soil cover, landfillgas headers and vents, groundwatermonitoring wells, wildlife pond, accessroads and final seeding and installation ofa security fence.

For more information, contact theDWM’s Solid Waste Branch at 502-564-6716.

Old landfillsget upgradesBy Eva Smith-CarrollDivision of Waste Management

This aerial photo of Leitchfield Landfillshows the constructed wetland treatment cellsin the center of the photo. Division of WasteManagement photo

Land, Air & Water 15

It is estimated that Kentucky loses 130acres of land to development each day. Thattype of loss is not sustainable and directlyimpacts the quality of life for all Kentuckians.In comparison to the seven surrounding states,Kentucky has protected the smallest percent-age of its land.

With those thoughts in mind, the LandStewardship and Conservation Task Force metfor the first time in January. Created duringthe 2006 legislative session, the task force wasdirected to study the commonwealth’s strategyfor the protection of natural areas, farmlands,habitats and forests, and produce recommenda-tions for a comprehensive land stewardshipand conservation program, to be called the‘Conserve Kentucky’ program.

“Kentucky is such a wonderful place tolive, work and visit because of the variouslandscapes of forests and fields,” said Dr.

William H. Martin, chair of theKentucky Heritage LandConservation Fund Board andtask force member. “Thesenatural, productive featurestranslate into billions of dollarsthat support our valuableagricultural and forest econo-mies while providing for high-quality recreation and tourism.”

At the meeting, reportswere presented by the KentuckyConservation Committee, theKentucky Department of Fishand Wildlife Resources, theKentucky Division of Forestry,the Kentucky Heritage LandConservation Fund, the Ken-tucky PACE (Purchase ofAgricultural ConservationEasements) Program and theKentucky State Nature Pre-serves Commission.

The general consensuswas the challenge in securingsufficient long-term funding tomeet the missions of eachprogram, which compete withother health and human serviceprograms for a finite number of

Task force sets sights on fundingto “conserve Kentucky”By Mary Jean EddinsKentucky Heritage Land Conservation

dollars. Often, conservation programs are onthe losing end of the equation. However, it isimportant to remember that conservationprograms do have tangible, measurable benefits.Air and water quality are directly impacted byland conservation practices.

“We need to be aggressive about conserv-ing and protecting these natural resources, notonly for their economic values but because weshould be good stewards of these lands andwildlife that are a part of our natural heritageand that contribute to the quality of life that isKentucky,” said Martin.

There are also key economic factors thatneed to be considered. Jon Gassett, commis-sioner of the Kentucky Department of Fish andWildlife Resources, and J.T. Miller, commis-sioner of the Kentucky Department of Parks,noted the importance of conserving Kentucky’sunique landscape because of the tourism impact.

Eric Gracey, with the Division of Forestry,said that Kentucky ranks third in the nation inhardwood production, and the forest industryhas an $8.7 billion impact to the state’seconomy and accounts for one out of ninemanufacturing jobs.

“We are losing roughly 70,000 acres offorestland every year. We can’t continue downthis path without economic, environmental andsocial impacts,” Gracey said.

Unfortunately over the past decade,Kentucky has lost 700,000 forested acres. SteveColeman, in discussing the PACE program, saidfarmland provides more than 70 percent of thehabitat for America’s wildlife, and the loss offarmland puts biological diversity at great risk.

“Among the considerations of the taskforce will be identification of substantial,sustained support and funding for programs thatwill assure that this stewardship is maintainedfor current and future generations,” said Martin.

It will take innovative thinking, buthopefully long-term funding sources forconservation can be identified. The task forcehas until June 30, 2007, to issue a report, alongwith recommendations and any proposedlegislation to the Legislative Research Commis-sion (LRC). For more information contactHank Marks or Katie Carney at the LRCat 502-564-8100.

“We need to be aggressiveabout conserving andprotecting these naturalresources, not only fortheir economic values butbecause we should begood stewards of theselands and wildlife that area part of our naturalheritage and that contrib-ute to the quality of lifethat is Kentucky.”

William H. Martin

Land, Air & Water16

by removing tree sap. It is the starchcontent of the sap that the HWA wants.This loss of starch minimizes or negatestree growth over a period of years until thetree dies. This is one of a very few insectsthat is active in the winter. The best time tosurvey for HWA is in the winter when thewhite cottony masses are visible on theundersides of the branches.

Since HWA infestation was recentlyfound in Blanton Forest and five otherstate nature preserves in Bell, Letcher andHarlan counties, the Kentucky StateNature Preserves Commission held an‘insect hunt’ in February, where volunteerssurveyed three drainages in the WattsCreek watershed.

The volunteers were given a shorttraining session on the survey process andhow to locate infested branches. The dayresulted in two of the three drainagesturning up positive for HWA. The thirddrainage is a more isolated area of BlantonForest. Blanton Forest State NaturePreserve protects the largest old-growthforest in Kentucky and is one of the largestin the eastern United States.

“Though it is unfortunate that theadelgid was found in Blanton Forest, nowthat stewards know, further steps may betaken to protect the unique forest,” saidLuke Dodd of the University of Kentucky

Department of Entomology and volunteerfor the day.

HWA has two generations per year,which leads to rapid population buildup.Infested trees may die in four to 10 yearsafter initial infestation if left untreated.There are chemical treatments available,but the most effective treatment usingimidacloprid is expensive. The cost of thischemical alone is about 70 cents perdiameter inch of tree. Besides the cost,treating the trees is a logistical problem ashemlock is usually found on the steepslopes of the eastern forests.

Biocontrol is thought to be the best,long-term solution to managing HWA.Presently, three species of predator beetleshave been released in other states and areshowing promise. However, they cannotstem the rapid advancement of HWA,which is usually transported by birds.Initial infestations must be treated withchemicals until the pest population is highenough to sustain a predator beetlepopulation.

Once released, predator beetles takeseveral years to build up sufficientnumbers to keep HWA in check. The goalof biocontrol is not to eliminate HWA butto keep the population below harmfullevels.

During the winter months of 2006-07,

Insect continues to pose threat to hemlocksContinued from Page 2

The Division of Compliance Assistance (DCA) is nowoffering a new service to more than 3,000 certified wastewaterand drinking water operators throughout the commonwealth. InFebruary, the Operator Certification Program began offeringonline renewal of operator certificates with payment by credit ordebit card. This online license renewal is a pilot project to testthe viability of credit card payments to the Department forEnvironmental Protection. The goal is to achieve successfulcredit and debit card payments online so that this service can beexpanded to other programs within the department.

The online renewal service uses the department’s e-SearchWeb portal. Operators may review information regarding theirlicense on this site. If a licensee has completed the requiredcontinuing education hours, they will be given the option to renewtheir license and pay for the renewal by credit or debit card.

Online license renewal availableBy Lisa ButlerDivision of Compliance Assistance

the Kentucky Division of Forestrysurveyed almost 20,000 acres of stateforest property in Kentucky Ridge andKentenia state forests, both located withinthe HWA-infested area. Survey resultsindicate a light-to-moderate infestation oneast-facing slopes that receive morningsun. Chemical treatments are planned andwill be carried out where logisticallypractical early this year.

Stopping the spread of HWA is not apractical goal; however, continuedmonitoring of the spread and chemicaltreatment will be conducted until HWApopulations reach levels when predatorbeetles can be introduced.

Keep in mind that all treatments andpotential beetle releases will be onpublicly owned land, and it is hoped thatthe hemlock mortality rate can be keptbelow the 80 percent level. Unfortunately,there are no treatments planned onprivately held land due to the cost. With-out fiscal incentives to private landownersthe mortality rate on private land willexceed 80 percent.

The future of eastern hemlock as acomponent of the eastern Kentucky forestsis in doubt. It is possible that one of therichest and most biologically diverseforests on Earth could suffer a greatdefeat.

DCA believes this program is a win-win situation foroperators and the Operator Certification Program. This systemwill provide operators with greater convenience in renewing theirlicense every two years. It will not sacrifice the program’sregulatory requirement that wastewater and drinking wateroperators complete continuing education hours prior to licenserenewal.

Operators will not have to submit renewal forms. Walletcards will be mailed to operators, and program records will beupdated electronically. The service is expected to substantiallyreduce the work hours currently spent by division staff in process-ing renewal applications and payments.

For more information regarding this program contact LisaButler, Operator Certification Program, Division of ComplianceAssistance at 800-926-8111.

Land, Air & Water 17

The fall of 2004 was filled withuncertainty for the Division of AbandonedMine Lands (AML). The authority tocollect reclamation fees from coaloperators was set to expire on Sept. 30,2004, after being in effect for 25 years.The future of the AML program wasdefinitely in jeopardy. Finally, on Dec. 9,2006, the U.S. Congress passed compre-hensive legislation reauthorizing the AMLprogram under the Surface Mining Controland Reclamation Act of 1977, andPresident Bush signed the bill into law onDec. 20, 2006.

The AML program is vital to citizensresiding in Kentucky’s coalfields, since itis the only program that offers relief fromthe health and safety dangers created bycoal mining operations prior to 1982.High-priority reclamation problemsaddressed by AML funding includeunreclaimed and unstable highwalls,landslides, open mine portals, streampollution and flooding due to streamschoked with sediment and mine refuse.

The new legislation extends federalAML fee collection authority to 2021.With Kentucky’s $325 million in high-priority reclamation projects in the federalinventory, this is good news indeed. Onceimplemented, the new changes in federallaw will substantially increase AMLfunding to states and Native Americantribes so that they can continue their focuson projects that benefit public health andsafety. Kentucky expects to receiveapproximately $30 million the first year ofthe new legislation. The increasedfunding should be available by July 2008,and that amount should increase in futureyears.

Notable changes made by the 2006amendments include:

• Over the next 15 years, coalcompanies will continue to pay reclama-tion fees, but these fees will be reduced 10percent for fiscal years 2008 through2012. This new structure assesses 13.5cents per ton for underground mined coal

and 31.5 cents per ton on surface minedcoal. Fees drop an additional 10 percentfor the remaining 10 years until 2021.

• Unappropriated state share balancesaccumulated prior to the 2006 legislationwill be paid out to states and tribes over aperiod of several years on top of theincreased regular grant funding. In thepast, Congress failed to appropriate all thefunds collected by the AML fee, resultingin an unappropriated balance of $1.6billion in the AML Trust Fund. Kentucky’sshare of that balance is roughly $120million. These balances will be returned tothe states for AML projects.

• Distribution of AML funds willoccur annually outside the congressionalappropriation process. Funds collected inone fiscal year will be automaticallydistributed the following year.

• The Acid Mine Drainage AbatementSet-Aside allotment has been increasedfrom 10 percent to 30 percent of the grant,which will allow Kentucky AML to workon crucial water quality projects.

• The 30 percent cap on water supplyprojects was lifted. Previously, a statecould devote no more than 30 percent of

its annual grant to water supply projects inareas where past mining contaminatedgroundwater wells. Kentucky AML hasalways used its maximum allotment to runwater lines to provide an alternative watersource for citizens affected by watercontamination. This translates into morewaterlines for communities in remoteregions of the state.

• The AML priority system, used forproject selection, is redefined by eliminat-ing low-priority designations and expendi-tures for the “general welfare.” Thedefinition of a high-priority AML site(presenting extreme danger to publichealth and safety) is also expanded toinclude former low-priority areas adjacentto a high-priority site. This will increasethe scope of projects and benefit theenvironment surrounding a high-prioritysite.

After much congressional testimonyand several years of relentless efforts toobtain reauthorization, the Kentucky AMLProgram is happy with the outcome.

“I am very pleased; this is as good aswe could have done,” said SteveHohmann, the AML program director.

The changes will result in dramaticand far-reaching effects to the AMLprogram. The AML states, tribes andfederal Office of Surface Mining areworking cooperatively to ensure a smoothimplementation of the 2006 amendmentsin a way that benefits the citizens of thenation’s coalfields.

AML fee programreauthorized at lastBy Linda PotterDepartment for Natural Resources

The AMLbuilt

retainingwalls

(upperright) to

protectsurround-ing homes

and theBelfryHigh

School(lower left)

from alandslide.AML photo

Land, Air & Water18

larger than Type I and generally has higher-power requirements, Type IIs are usuallyinstalled in larger recreational boats.

Type III MSDs are certified to a no-discharge standard. These devices includerecirculators, incinerators and holding tanks. Holding tanks are by far the most commonkind of Type III MSD found on recreational boats. Sewage is stored until it can bepumped out at a facility on shore. It is cheaper to operate and best for the environment.

A new type of houseboat known as a “floating home” is beginning to find its way tosome Kentucky lakes. These structures occupy a permanent berth and have no means ofself-propulsion, though they can be moved to another area by a tug boat. The floatingfoundation platforms are engineered to allow construction to meet local building codes.

They are also connected through a floating bridge to all utilities and services,including water, sewage, electricity, gas, telephone and cable television. Floating homemarinas are privately owned and usually charge homeowners monthly berthagefees.

Houseboats, watercraft consider wastewaterdischarges during summer fun in the sunContinued from Page 6

Few things are more important thansafe drinking water. That’s why theDrinking Water Branch of the Division ofWater (DOW) has added a new section tohelp public water systems operate in themost efficient manner possible.

The Capacity Development Sectionwas created to help the division meetrequirements of the Safe Drinking WaterAct (SDWA) as reauthorized by Congressin 1996. One provision establishes aDrinking Water State Revolving Fund tofinance infrastructure improvements ofpublic water systems.

In order to receive the full benefit ofthe fund, states are required to establishcapacity development programs thatassure public water systems have thetechnical, managerial and financial abilityto meet state and federal requirements.While the Drinking Water Branch hasprovided capacity overview since 1996,the new section will allow DOW toconsistently evaluate the technical andmanagerial components required underSDWA for existing as well as new publicwater systems, said Donna Marlin,manager of the Drinking Water Branch.

“Basically the federal governmentwants assurance that these water systemsoperate in the most efficient mannerpossible with the resources they have,”said Marlin.

The section, staffed by seven, willmonitor approximately 580 public watersystems currently operating in the state.Some of the data for their evaluationscome from the sanitary surveys per-formed every three years as required byfederal law. Other sources includecompliance data, engineering reports,enforcement history, water availability,Public Service Commission reports andoperator certifications. The section alsooversees sanction reviews, federalenvironmental reviews and prioritizationand evaluation of the Drinking WaterState Revolving Fund loan projects andU.S. Environmental Protection Agency

New DOW section helps public watersystems reach full capacityBy Allison FleckDivision of Water

(EPA) congressional grants.Failure to adequately assess capacity

development of public water systemscould result in withholding of funds byEPA.

“The EPA will withhold funds fromany state unless that state is developingand implementing a strategy to assistpublic water systems with this issue,”said Marlin. “The amount of a state’sallotment that can be withheld is 20percent for each fiscal year. This amountcan be significant.”

For example, based on revolvingfund allotments in Kentucky for fiscalyear 2005, EPA would have withheld

A marker designatesthe site of a new water

tank in LetcherCounty that will be

built with moniesfrom the Drinking

Water State RevolvingFund.

Division of Water photo

$2,017,760. Add to this the growingdemand for treated water, and the needfor the new Capacity DevelopmentSection becomes crystal clear, saidLeslie Carr, chief of the CapacityDevelopment Section.

“Every community water system hasto meet the same water quality standardsusing approved treatment processes andchemicals, regardless of size or age ofthe plant or the number of customersserved,” said Carr. “This section willallow us to take a more proactiveapproach to helping water systems staywithin their capacities while complyingwith state and federal requirements.”

Land, Air & Water 19

TMDLs lead the way in improvingKentucky watersBy Andrea FredenburgDivision of Water

Jessica Schuster (left) and Andrea Fredenburg, of the Division of Water, measure and record streamvelocity on Elkhorn Creek in Fayette County. Stream velocity is the speed at which the water is passing acertain point per unit time. Division of Water photo

How is the health ofyour lake or stream?Clean enough for

swimming? Wading? Shouldyou stay in the boat? Shouldyou drink the water or eat thefish? If the water is impaired,what’s the reason?

Staff at the KentuckyDivision of Water (DOW),puzzle over such questionsevery day.

The Clean Water Actrequires Kentucky and otherstates to submit a list of surfacewaters—rivers, lakes andstreams—that fail to meet statewater quality standards fordesignated uses, such asrecreation, drinking water, fishconsumption and aquatic life,that require a TMDL.

TMDL—short for TotalMaximum Daily Load—refersto the maximum amount of apollutant, regardless of thesource, that a lake or streamcan assimilate to meet waterquality standards for its“designated uses.”

The goal of the TMDLprogram is to provide technicaland scientific documentationthat identifies the causes ofimpairment and a strategy forrestoring the health of thosewaters.

Bodies of water frequentlyhave multiple uses but some-times have limited suitability.The local creek, for example,might be suitable for boatingbut not for swimming.

Once an impaired waterhas been identified, the state isusually required to establish aTMDL for each pollutant.(TMDLs are not required forpollution or permit noncompli-ance issues.) The TMDLaddresses reductions of apollutant that are needed tomeet water quality standardsand allocates those reductionsamong the watershed’s “pointsources”—readily identifiablesources such as waste treat-

ment facilities and dischargepipes—and the more nebulous“nonpoint sources” such asrunoff from farm land, citystreets and lawns.

The TMDL Section or adesignated agency ultimatelydisseminates findings in areport that must undergo apublic comment period and beapproved by the Environmen-tal Protection Agency. Onceapproved, the report evolvesinto an implementationstrategy including publicinvolvement, activitiessuggested to reduce pollution,timeliness for actions taken,funding resources and designa-tion of responsibilities. Therequired schedule for comple-tion of a TMDL is 13 to 15years from initial listing.

DOW has committed tomonitoring 100 waterbody/

pollutant combinations peryear through 2010, at whichtime resources will be re-evaluated. It is an ambitiousgoal that can only be accom-plished with the help of otherpublic and private agenciesand generous volunteers.

Local universities, undermemorandum of agreementwith the DOW, will monitorstreams and develop TMDLreports. Murray State Univer-sity will collect stream data inthe Clarks River Watershed inthe Tennessee River Basin;Western Kentucky Universitywill work in the Panther Creekand Long Falls Creek water-sheds in the Green RiverBasin; the University ofKentucky will work in theElkhorn Creek and EagleCreek watersheds in theKentucky River Basin; and

Eastern Kentucky Universitywill collect data only in theRight Fork of Beaver Creekin the Big Sandy Basin.

The Division of Wateralso is grateful for theassistance provided by localgovernments, citizen groupsand other state and federalagencies that collect dataunder the approved QualityAssurance Project Plan.

“We have to worktogether to reach the goal ofreturning Kentucky’s im-paired streams and lakes tofull support of their desig-nated uses,” said TomVanArsdall, manager of theWater Quality Branch. “TheTMDL process provides aneffective mechanism forplanning, collaboration anddedication of resourcestoward that critical goal.”

Land, Air & Water20

AwardsIn recognition of a lifetime of

achievements, Dr. William “Bill” Martinwas presented with the 2006 BiologicalDiversity Protection Award by theKentucky State Nature Preserves Commis-sion in December.

Dr. William H. Martin III has devotedhis professional career and a great deal ofhis personal life to protecting biologicaldiversity and natural lands. While we havebeen fortunate that most of his work hastaken place in Kentucky, he has beeninvolved in biodiversity protectionthroughout the southeastern United States,extending even to the Jiangsu Province ofChina.

Since 1969 he has been a professor ofbiology at Eastern Kentucky University(EKU). By the time he retired from EKUin 2005 he was director of the Division ofNatural Areas Program. He was instru-mental in the protection of Lilley CornettWoods, serving as its research coordinator

The Kentucky State Nature Preserves Commission (KSNPC)presented Harold Kelley, of Glasgow, with the 2006 VolunteerSteward Award in December.

Since 2000, Harold has been the volunteer preserve monitorat Brigadoon State Nature Preserve. His job duties includeroaming the ridges and hollows of Brigadoon, walking the trailsand monitoring the historic buildings, and reporting conditions heobserves. He is an avid photographer, and Brigadoon has becomethe subject of many stunning photographs. One of Harold’sphotographs forms the background of the preserve’s entrancesign.

Harold has embraced Brigadoon State Nature Preserve,watching it and tending it as if it were his own. Harold hasreported on trail conditions, illegal horseback riding and ATVactivity, and illegal hunting and deer feeders. He keeps thestewardship staff updated on public use, and the condition of thehistoric Renfro buildings and surrounding yard. As if this weren’tenough, Harold continues to keep watch for that perfect flower,tree, spider web, water flow or combination of colors and textureswith which to make his next award-wining photograph. Harold’s

Martin receives Biological Diversity Protection Award

from 1977-2005. His research andteaching interests have been com-prised of forests and grasslands of thesouthern Appalachians and Midwest.He has taught and mentored countlessstudents in his 36-year tenure at EKUand published at least 21 edited orrefereed books and papers.

Martin took temporary leavefrom EKU to serve as the commis-sioner of the Department for NaturalResources from 1992 to 1998. Hewas co-chair of the 1995 KentuckyBiodiversity Task Force, leading a teamthat developed and successfully worked topass the 1998 Kentucky Forest Conserva-tion Act.

In 2005 Martin served as chair of theKentucky Conservation Committee, whichbegan a project to persuade the KentuckyGeneral Assembly to increase the amountof funding dedicated to conservation ofland, particularly natural areas and

farmland conservation. Those efforts arestill underway. Martin currently serves aschair of the Kentucky Heritage LandConservation Fund Board and has beenserving in that capacity since its inceptionin 1994. During his tenure, more than $31million has been awarded to purchase morethan 27,000 acres statewide. Martin hasdescribed this position as one of the mostrewarding he has ever held.

By Don DottKentucky State Nature Preserves Commission

Volunteer steward is Harold KelleyBy Lane LinnenkohlKentucky State Nature Preserves Commission

feelings forBrigadoon run sodeep that hedecided to make itthe setting for hiswedding last year.

Volunteers arean integral part tothe monitoring andmanagement ofKSNPC’s naturepreserves system.With so manynature preservesthroughout the state and so few staff to tend them, KSNPC isforced to rely on and trust volunteers for assistance. SinceHarold’s first day, he has been there - ready on short notice torespond or assist in any way that is needed. Harold has earned theKSNPC’s trust over and over again, which is why he is therecipient of this award.

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Armored Rocksnail (Lithasia armigera)

In the spotlight: Kentucky’s rare species and communities

Kentucky State Nature Preserves Commission Status: Special concernU.S. Fish and Wildlife Service Status: NoneGeneral Description: A thick-shelled species with prominent knobs on theshell, about 1.25 inches in height.Habitat: Medium to large rivers on rocky substrates.Range: Ohio River system.Reason for Protection Status: Although not currently under federal protec-tion, loss of populations due to habitat degradation and loss are of mountingconcern to resource managers.

Northern harrier (Circus cyaneus)Kentucky State Nature Preserves Commission Status: ThreatenedU.S. Fish and Wildlife Service Status: NoneGeneral Description: A medium-sized hawk with long wings and tail; whiterump; male gray above and white below with black wing tips; female and youngbrownish.Habitat: Year-round in open grasslands and agricultural land; nests on theground. Prior to European settlement, occurred on native prairies; today occursmost frequently in open grassy fields and other habitats that mimic nativegrasslands.Range: Circumboreal; occurring throughout much of North America.Reason for Protection Status: Species is at the southern limit of its breedingrange in Kentucky; native habitat is all but gone, but this raptor nests in limitednumbers in extensive artificial grassland areas that mimic the native prairie.