An excellent column by Dr. Bridges that deserves to be seen again, lest we forget....
By Jack Bridges / Guest Columnist
Published Tuesday, July 28, 2009
Vincent residents curious about limestone quarries as neighbors could take a tour of Central Alabama’s limestone quarries trail. Most of it is right here in Shelby County. A quick look around would answer many questions about living alongside a quarry.
Begin the tour just east of Montevallo on Alabama Highway 25. Drive west past the limestone operations.
You can’t miss the piles of spoil and the puffs of smoke from the chimneys. Head back on 25 toward Calera. Pause or drive slowly (but watch out for the rock- hauling trucks; a sight-seer could get overrun.
Check out the chimneys and the landscape, as well as the finish on the cars parked along the way.
Go on to Calera, then take U.S. 31 north toward Birmingham. You are right in the midst of the best part of the trail. All along the way you pass quarries and crusher plants and cement plants. Watch out for the tankers carrying cement and 22- wheel dump truck trailer rigs carrying various sizes of crushed stone.
One of the trail highlights comes at Saginaw. Take a quick side trip on Shelby County 26 toward Columbiana. That will take you past the new and expanded quarry of the old Longview Lime operations.
Go slow and you can see. The company has put up fencing and a big berm along the road with shrubs and trees to hide the works. Then you cross a bridge over the quarry’s sunken road for the rock haulers, and that gives a quick view to the left of the vast old hole in the ground, evidently with pumps still running, and a very informative look at the current digging operations.
Back on U.S. 31, turn toward Birmingham. In another mile or so, you’ll come to the manufacturing end of the limestone operation at the edge of the quarry. There is a good view of the kilns and furnaces for making cement, and the loading areas and the puffing smoke stacks and the lime dust on the trees and cars.
Stay on U.S. 31 for a while. Traffic gets a bit congested, but in a growing part of Alabaster, there is another quarry plant puffing out grey lime dust.
You can end your old- fashioned Sunday drive experience by retracing the route there and heading on home. But if you make the trip, you will know better what quarries are like. And you might stop along the way and ask some folks what sort of neighbors quarries make.
Dr. Jack Bridges, who lives near Shelby, spent years living near a quarry in his youth.
We spent some time going through the newspaper archives and found that in almost every instance, these quarry and lime plants bribe their way in.
One place they didn't get their way was Montevallo, but that did not stop ADEM from permitting the proposed quarry while a lawsuit was pending. They even went so far as to say' "Even if the quarry isn't operating, we won't withdraw their permits."
If the schools in this county are in such dire need, why the hell isn't Columbiana doing more to help them? Why do they insist on sentencing these kids to living with these behemoths that pollute everything nearby, especially our children?
Google maps will show you how close the schools are to these polluters.
EPA records will show what they do.
What irony.
Friday, May 14, 2010
Thursday, May 13, 2010
Water Pirates
Quarrying Impacts on Groundwater Flow Paths
Sinkholes and the Engineering and Environmental Impacts of Karst (GSP 122)
Proceedings of 9th Multidisciplinary Conference on Sinkholes and the Engineering and Environmental Impacts of Karst
ABSTRACT
Jeffrey A. Green,1 Jeremy A. Pavlish,2 Jeanette H. Leete,3 and E. Calvin Alexander, Jr.4
1 Regional Groundwater Specialist, Minnesota Department of Natural Resources, Division of Waters, 2300 Silver Creek Road NE, Rochester, MN 55906
2 Quarry Study Hydrologist, Minnesota Department of Natural Resources, Division of Waters, 2300 Silver Creek Road NE, Rochester, MN 55906
3 Hydrogeologist Supervisor, Minnesota Department of Natural Resources, Division of Waters, 500 Lafayette Road, St. Paul, MN 55155-4032
4 Professor, Geology & Geophysics Department, University of Minnesota, 108 Pillsbury Hall, 310 Pillsbury Drive SE, Minneapolis, MN 55455
Quarrying in limestone aquifers can interfere with groundwater flow paths. Quarries can pirate karst conduit flow by physically breaking into the conduits and changing the groundwater discharge points.
Another mechanism of groundwater flow interference occurs as quarry dewatering lowers the water table changing groundwater flow directions.
Dye tracing is an effective tool to evaluate and quantify these impacts. In Minnesota, tracing investigations have been conducted at two quarries. The Big Spring quarry near Harmony, Minnesota is in the Ordovician Galena Formation. The quarry is 500 meters from Big Spring, the headwater spring of Camp Creek, a Minnesota designated trout stream.
Although the quarry is nominally above the water table, beginning about forty years ago, the quarry intercepted conduits carrying groundwater to the spring. Groundwater that formerly discharged from Big Spring now rises in the quarry then flows overland joining Camp Creek 100 meters downstream of Big Spring.
About 90 percent of the mapped groundwater basin of Big Spring is now routed through the quarry.
The Osmundson quarry is in the Devonian Lithograph City Formation at LeRoy, Minnesota. This sub-water table quarry requires seasonal dewatering at 1,000–3,000 liters/minute.
When the quarry is being dewatered, Sweets Spring, approximately 300 meters to the southeast, stops flowing. Dye tracing has verified that the quarry pirates the flow to the spring.
©2004 ASCE
But the Vincent quarry according to Rob Fowler will not effect the inflow outflow creek and it's underground paths; "Due to the time that it will take to initiate and deepen the quarry (WRQ), there will be many years before quarry pumping could possibly impact Spring Creek, if ever."
Mr. Fowler, you sir are a liar.
Sinkholes and the Engineering and Environmental Impacts of Karst (GSP 122)
Proceedings of 9th Multidisciplinary Conference on Sinkholes and the Engineering and Environmental Impacts of Karst
ABSTRACT
Jeffrey A. Green,1 Jeremy A. Pavlish,2 Jeanette H. Leete,3 and E. Calvin Alexander, Jr.4
1 Regional Groundwater Specialist, Minnesota Department of Natural Resources, Division of Waters, 2300 Silver Creek Road NE, Rochester, MN 55906
2 Quarry Study Hydrologist, Minnesota Department of Natural Resources, Division of Waters, 2300 Silver Creek Road NE, Rochester, MN 55906
3 Hydrogeologist Supervisor, Minnesota Department of Natural Resources, Division of Waters, 500 Lafayette Road, St. Paul, MN 55155-4032
4 Professor, Geology & Geophysics Department, University of Minnesota, 108 Pillsbury Hall, 310 Pillsbury Drive SE, Minneapolis, MN 55455
Quarrying in limestone aquifers can interfere with groundwater flow paths. Quarries can pirate karst conduit flow by physically breaking into the conduits and changing the groundwater discharge points.
Another mechanism of groundwater flow interference occurs as quarry dewatering lowers the water table changing groundwater flow directions.
Dye tracing is an effective tool to evaluate and quantify these impacts. In Minnesota, tracing investigations have been conducted at two quarries. The Big Spring quarry near Harmony, Minnesota is in the Ordovician Galena Formation. The quarry is 500 meters from Big Spring, the headwater spring of Camp Creek, a Minnesota designated trout stream.
Although the quarry is nominally above the water table, beginning about forty years ago, the quarry intercepted conduits carrying groundwater to the spring. Groundwater that formerly discharged from Big Spring now rises in the quarry then flows overland joining Camp Creek 100 meters downstream of Big Spring.
About 90 percent of the mapped groundwater basin of Big Spring is now routed through the quarry.
The Osmundson quarry is in the Devonian Lithograph City Formation at LeRoy, Minnesota. This sub-water table quarry requires seasonal dewatering at 1,000–3,000 liters/minute.
When the quarry is being dewatered, Sweets Spring, approximately 300 meters to the southeast, stops flowing. Dye tracing has verified that the quarry pirates the flow to the spring.
©2004 ASCE
But the Vincent quarry according to Rob Fowler will not effect the inflow outflow creek and it's underground paths; "Due to the time that it will take to initiate and deepen the quarry (WRQ), there will be many years before quarry pumping could possibly impact Spring Creek, if ever."
Mr. Fowler, you sir are a liar.
Tuesday, May 11, 2010
Guy McCullough of Stephen Bradley & Associates and the Uniontown, Alabama Coal Ash Crisis
As we have quoted in the heading of this blog: "A man is known by the company he keeps"
We are continually astonished that wherever major environmental assaults are happening in this state, Mr. Bradley's name (and now his partner as PR man for Perry Uniontown Ventures) seems to always be a part of it.
In the blog entry "Why does one lobbyist hire a lobbying firm to lobby for them" we raised the question of why the Jones Group, LLC, a minority owned and run lobbying firm from Montgomery has Stephen Bradley & Associates (which includes Mr. McCullough) as their client? Perhaps this coal ash disposal issue has the answer; the Jones Group also lobbies for Perry Uniontown Ventures the owners of the site.
So now we have another question for this lobbying group that crows about their "championing for minority cause and rights"; Why are you helping to kill and sicken the residents of Uniontown and destroying the environment when the ones who are suffering the most are minority residents?
I think we know the answer to that one. It is about what it is always about, the money.
Bradley & Associates could not get influence with the black leaders of the community. So, they hire a minority firm to get a foothold into communities that they "need assistance" with.
Environmental injustice and environmental racism at it's worst once again. Mr. Bradley already did this to another black community, Emelle, now it was Guy's turn and we would be willing to bet they had conversations about it.
ADEM is in on the act too. Par for the course with them as history has shown us with that corrupt department with far too much power.
Everybody who gets rich off of these reprehensible acts never has to live in the communities they destroy.
Now with the landfill owners being threatened with massive litigation, they file for bankruptcy which stops any new litigation against them. Guy McCullough is leading the charge and running interference for the company. We wish him no success in that endeavor.
This is Perry County's problem courtesy of the Perry County Herald:
(notice how much he sounds like Bradley in what we have heard about the quarry proposed for Vincent)
PRESS RELEASE from LANDFILL OWNERS:
FOR IMMEDIATE RELEASE January 25, 2010
CONTACT: Guy McCullough (205) 933-6676
Perry Uniontown Ventures I, LLC
And Perry County Associates, LLC
Petition Court to Reorganize
MOBILE, AL — The owners of Arrowhead Landfill, near Uniontown in Perry County, Alabama, have filed a voluntary petition with the U.S. Bankruptcy Court for the Southern District of Alabama to reorganize under Chapter 11 of the U.S. Bankruptcy Code.
Jeffery J. Hartley, bankruptcy counsel for Perry Uniontown Ventures I, LLC (PUV) said today’s court filing was brought about when landfill operators Phillips and Jordan, Inc. and Phill-Con Services, LLC withheld monies they have received from the Tennessee Valley Authority (TVA) under a $95 million contract for the disposal of coal ash at the landfill owned by PUV. The two companies operate the landfill under an agency agreement with PUV.
“Given Phillips and Jordan’s refusal to turn over monies to ownership, to
make payments they had agreed to make, or to provide a proper
accounting of the funds, PUV had no choice but to petition the court to seek Chapter 11 bankruptcy protection while it reorganizes,” Mr. Hartley said.
Mr. Hartley said Phillips and Jordan has received more than sufficient funds
from the TVA contract to allow for the payment of ordinary expenses of the
facility, such as wages, taxes, county fees, insurance and payments on the
facility’s debt.
The Arrowhead Landfill, regarded as the most advanced of its kind in the
eastern U.S., will continue to operate safely and effectively, without
interruption, while the bankruptcy proceeding moves forward, Mr. Hartley
said.
The Arrowhead Landfill is a 976.5-acre Subtitle D landfill, located 75 miles
west of Montgomery, Alabama. When TVA and EPA chose Arrowhead over
25 other sites, they cited—in part—the fact that “Arrowhead meets or
exceeds the most stringent protective disposal standards for municipal
solid waste landfills.”
The landfill was completed on time and on budget and landed the TVA
contract in the first year of real operations during tough economic
conditions. The facility has enjoyed a record of operational safety and
success throughout its history.
Arrowhead is served directly by the Norfolk Southern rail line. TVA and
EPA have each recognized that Arrowhead’s unique access to fast track
rail transport reduces the level of traffic congestion, air impact, and road
repair necessary to safely dispose of the coal ash.
The coal ash disposed of at Arrowhead has been reclaimed from a spill that
occurred on December 22, 2008 at the TVA’s Kingston Fossil Plant in
Roane County, Tennessee. It is transported directly from Kingston to
Arrowhead via a fast track of the Norfolk Southern rail way in specially
protected and sealed rail cars. More than 1,000,000 tons of ash have been
safely disposed of to date.
The state-of-the-art Arrowhead Landfill, which operates as a public-private
partnership, has resulted in an unprecedented economic boost for Perry
County, Alabama.
County Commissioner Albert Turner, Jr. has testified before Congress that
the resulting windfall has “transformed one of the poorest counties per
capita in Alabama to one of the more affluent counties in Alabama.”
Mr. Hartley said he expects PUV to quickly restructure the company for
long-term profitability and growth.
“The Arrowhead Landfill has all of the elements necessary to pay its
obligations, to be profitable and to ensure the safe disposal of coal ash
from the Kingston Plant. We are, therefore, confident that both PUV and
Arrowhead will be solid businesses going forward. In the meantime,
however, the facility will continue to operate safely and with the
extraordinary standard of excellence established throughout the facility’s life,” Mr. Hartley said.
"Safety, extraordinary standard of excellence, meets or exceeds the most stringent protective disposal standards for municipal solid waste landfills, unprecedented economic boost...etc"
Unbelievable they can even use those words to describe what that dump has really done to Uniontown residents, but so familiar that type language is to Vincent residents....
Unbelievable they can even use those words to describe what that dump has really done to Uniontown residents, but so familiar that type language is to Vincent residents....
Now for the real story:
Let's start with a quote from Artur Davis, a man who wants to be the next Governor of Alabama:
Let's start with a quote from Artur Davis, a man who wants to be the next Governor of Alabama:
U.S. Rep. Artur Davis says he sympathizes with both the revenue-starved local officials and the coal industry.
“I am more than sympathetic that the storage of industrial waste is a job source in high unemployment counties like Perry and that the county will benefit from tax revenues generated by this storage,” Davis says.
“I am also mindful that the storage violates no current state or federal law,
and that a reclassification of coal ash as hazardous could pose significant burdens on coal-reliant industries.”
It's okay if they get sick as long as they have jobs and the big offenders don't get hit in their bottom lines Mr. Davis? Pick a side and get off the fence sir. Your job as an elected official is to represent your people faithfully, not the big donors to your campaign coffers that do not have the people's interests in mind.
That is very similar to what one of the proponents of the quarry in Vincent said about the Old Alabama Plating Company at Hwys. 60 & 231, that caused so many residents and even animals to get cancer; "It was a terrible place to work, but at least they had jobs."
The EPA spent 14,000,000.00 cleaning that mess up. But much like the Uniontown situation, ADEM did nothing to enforce compliance, neither did EPA Region 4.
From Radioaudio.net Thursday, April 8, 2010
That is very similar to what one of the proponents of the quarry in Vincent said about the Old Alabama Plating Company at Hwys. 60 & 231, that caused so many residents and even animals to get cancer; "It was a terrible place to work, but at least they had jobs."
The EPA spent 14,000,000.00 cleaning that mess up. But much like the Uniontown situation, ADEM did nothing to enforce compliance, neither did EPA Region 4.
From Radioaudio.net Thursday, April 8, 2010
FOR IMMEDIATE RELEASE
Victims of toxic coal ash travel to D.C. on Monday, will make case for pending regulation with office of Obama “regulatory czar” Cass Sunstein
Frustrated residents being ignored, will urge White House officials to declare coal ash hazardous and stop holding up public health protections
Cleveland, Ohio, April 8 – Residents from Alabama, Oklahoma, and Ohio will meet with staff of the White House Office of Information of Regulatory Affairs (OIRA) on Monday to discuss the pending regulations on coal ash. Tim Tanksley, Elisa Young, and John Wathen, represent three of seven individuals from communities across the country who joined together this week in a letter to President Obama’s “regulatory czar” Cass Sunstein, inviting him to meet about the proposed protections on coal ash.
All seven individuals had already sent personal letters to Sunstein, recounting their experiences with coal ash pollution in their communities, and asking him to come see for himself how it has poisoned drinking water, endangered people’s health, and caused home values to plummet. They say they have not yet received replies to their invitation for a visit.
"Coal ash is a dangerous substance that hurts individuals and devastates communities," said Rachael Belz of Ohio Citizen Action. "Since Mr. Sunstein did not respond to the invitations from the neighbors of the coal ash facilities, we will take our case directly to his office in Washington.”
While in town, the group would also like to meet with other congressional and regulatory leaders about regulating toxic coal ash.
Coal ash, an unregulated hazardous byproduct of burning coal, has been dumped into communities across America, contaminating groundwater and drinking water with toxic metals including arsenic, mercury, lead and boron.
Last October, the Environmental Protection Agency proposed new rules to regulate coal ash disposal, but the new protections have been stalled for over five months at the White House Office of Information and Regulatory Affairs, the office charged with reviewing them for the President, which Sunstein runs. Since his office received the proposed regulations on Oct. 16, 2009, Sunstein's staff has met with representatives of the coal and fly ash industries more than 20 times.
Sunstein has not made any public trips to see the real-life effects of coal ash on communities across America, despite the citizens’ requests.
The invitation to meet came from residents of Alabama, Indiana, New Mexico, Ohio, Oklahoma, Pennsylvania, and Tennessee. “Are you really hearing the whole story about coal ash?” the seven citizens asked in a letter to Sunstein on Monday. “From those of us who deal with coal ash in our daily lives, we do not think you are.”
Below are a few excerpts from the individual letters that citizens sent to Sunstein. Full text of the meeting request, and the previous letters inviting him to their home towns, are available on the Ohio Citizen Action website.
* Tim Tanksley, of Bokoshe, Oklahoma, wrote: “The fly ash is in our air and in our water; it is flowing into our creeks, streams, and eventually into the Arkansas River. Among the 20 households nearest the pit, there are at least 14 people with cancer.”* John Wathen, of Uniontown Alabama, the community that has been receiving toxic coal ash from the cleanup of the 1.1 billion-gallon spill in December 2008 in Harriman, Tenn., wrote: "Trucks unload the ash within 200 feet away from people’s homes. They are also intentionally washing it off train cars and trucks into a stream... The landfill was pumping this toxic leachate over roads and down into public ditches at night.” John can also describe how some residents hang rags soaked in Pine-Sol in their windows just so that they can avoid the smell and get to sleep at night.* Elisa Young, of Meigs County, Ohio wrote: "They have lined our kids’ running tracks with power plant waste, filled in roads with it along the Ohio River causing huge fish kills, and even made cattle feeders out of it.”
Ohio Citizen Action is 80,000 Ohioans who have joined together to prevent pollution. Non-profit and non-partisan, Ohio Citizen Action was founded in 1975. The organization’s website and more information about toxic coal ash can be found at http://www.ohiocitizen.org
Who else is profiting from Uniontown disaster ADEM:(also from the Perry County Herald)
What's the Deal with ADEM?
It's no secret: Perry County Commission has made around $1,000,000 in the months since coal ash shipments began coming to the Uniontown landfill facility. When all 3,000,000 or so tons of coal ash have been dredged from the Emory River in Tennessee and trucked to the local landfill, the county's general fund will see about $3,000,000 in extra revenue.
When confronted with concerns about the potential environmental impact of the coal ash on Perry County, commissioners have reminded citizens of this cash infusion's potential benefit to county finances. Testifying before Congress in December, Commissioner Albert Turner went as far as to say the host county fee has transformed Perry County from one of the poorest counties in Alabama to one of the wealthiest.
Alabama's Department of Environmental Management, though, hasn't been quite as vocal about a similar arrangement between that organization and landfill owners throughout the state. During Alabama's 2008 legislative session, the legislature passed a law requiring all municipal solid waste landfills to pay $1.00 to ADEM for each ton of solid waste disposed in Alabama landfills. That fee is part of the state's Recyclable Materials Management Act, which purports to fund community-based recycling programs throughout the state, along with providing operating funds to ADEM.
The state regulatory agency approved the coal ash deal in mid-2009, and began receiving payments shortly thereafter. Like Perry County Commission, ADEM has now made about $1,000,000 off of coal ash being dumped in Perry County, and stands to make at least $2,000,000 more.
Scott Hughes, an ADEM spokesman, said the money "allows [ADEM] to provide recycling grants to communities, to provide funds to clean up illegal dumps, and it provides funding for ADEM's Solid Waste division."
Hughes noted that county governments have always been allowed to charge a per-ton fee to landfills operating within their county, but the new law allows ADEM to benefit from the businesses as well. In addition to the per-ton fee ADEM now collects, it brings in revenue by granting permits to landfill operators, permits which have to be renewed every five years.
Some in the conservation movement, however, are uneasy about the financial relationship between ADEM and such businesses.
In a video statement last year, Robert F. Kennedy Jr. of the National Waterkeeper Alliance said the failure of state government, particularly of ADEM, was "the number one problem in the state of Alabama." He went on to call ADEM "one of the worst environmental agencies in the United States."
Kennedy said ADEM was a prime example of a "captive agency," that is, a government agency that has become indebted to the very groups it is supposed to police, with "the biggest polluters in the state dictating policy."
Hurricane Creekkeeper John Wathen has advocated for Perry County citizens who say their quality of life has suffered due to the landfill, particularly the coal ash being disposed of there. He echoed Kennedy's feelings on the matter.
"This is just one more symptom of how ADEM has failed the entire state," Wathen said Tuesday. "I would like to ask ADEM one thing. I would like to know why the people in Swan Pond, Tennessee [where the Emory River disaster occurred] are more important than the people in Perry County, Alabama."
He has criticized ADEM for being slow to respond to citizen complaints of illegal activity at the Uniontown landfill. In particular, Wathen says he is concerned about the allegation that landfill owners, faced with an overabundance of landfill leachate after recent heavy rains, have been illegally pumping the sludge onto the ground on undeveloped parts of the landfill property. Wathen took photos he said proved those allegations and submitted them to ADEM, calling on them to investigate. When, nearly a month later, investigators visited the site, they returned with a report of no violations.
In an email to the federal Environmental Protection Agency's director Lisa Jackson, Wathen says the leachate discharges have contaminated residential property near the landfill and deprived the public of the use of parts Chilatchee Creek, whose headwaters he says have also been contaminated by the leachate pumping.
"It is my opinion that ADEM intentionally delayed the inspection," Wathen told Jackson, "to allow PCA-Arrowhead personnel to install the new silt fencing photographed by ADEM inspector Janna McIndoe." Wathen is referring to fencing installed in ditches on the landfill property to stop solid particle flow but allow water to pass through. "To me," he continued, "It seems very suspicious that after 18 days delay, new fences were photographed by ADEM and in every photo prior there are no such fences, old or new."
ADEM's report on the complaint chalks the complaints up to landfill operators pumping storm water off the site.
"It is anything but storm-water being intentionally pumped into the roadside ditches," Wathen told Jackson. "It is in my opinion an intentional and illicit discharge of toxic mater from an ADEM permitted site. I was there and saw, sampled, smelled, and photographed this material when there had been no rain." He said he ran tests on the liquid and found higher than acceptable levels of arsenic and other contaminants. The pumping, according to residents living near the landfill, happens late at night to avoid detection.
Wathen says he is also concerned about a deficit in the landfill's assurance bond. This bond, which landfill owners are required pay into throughout the life of a landfill, exists to provide funds to safely maintain and reclaim a landfill site once it closes. According to ADEM's website, PCA owes over $1.6 million in assurance bond payments. The agency had been allowing PCA to make only partial payments on the bond. ADEM's estimated cost of reclamation of the landfill site for the purpose of the assurance bond is $3.5 million.
Friends of Hurricane Creek, of which Wathen is a member, is one of 14 environmental agencies across the state petitioning EPA to take over ADEM's regulatory authority in the state. They submitted a petition to EPA last month claiming ADEM was incapable of enforcing water pollution regulations.
At that time, Wathen said his and other groups had been "very diligent" in documenting pollution violations throughout the state, and the agency had made "no effort to enforce even the most basic regulations."
ADEM is allowing only partial payments on the bond, someone ask Marsh Acker of the Vincent Zoning Board if he is listening since this is an issue he keeps spouting off about in reference to the proposed WRQ Vincent Hills quarry.
If something of this magnitude can happen to Uniontown, what chance do we stand in Vincent if this quarry gets in and sinkholes start opening up under the large, pressurized Colonial pipeline, the gas lines, the RR that carries toxic chemicals through downtown Vincent everyday?
We make the evening news and national papers and the Vincent and Shelby County officials can explain it away saying that "at least we had jobs and revenue for the county and community" just like all involved with the tragedy in Uniontown seem to be doing.
Including Artur Davis which we expected much more from. Think about his words to the Uniontown residents come election day.
We make the evening news and national papers and the Vincent and Shelby County officials can explain it away saying that "at least we had jobs and revenue for the county and community" just like all involved with the tragedy in Uniontown seem to be doing.
Including Artur Davis which we expected much more from. Think about his words to the Uniontown residents come election day.
Bradley Byrne is being bought by Stephen Bradley, along with his unsavory lobbying friends like Geddie and all the PACs they are both involved in.
(Might help explain why only his election material has been in the Vincent officials papers at CC meetings. Mr Bradley made sure they were put there.)
We have elected these officials in Vincent to represent us, the people. They have been anything but representative people's government and taken Bradley, Fowler and WRQs side against us at every turn for the promise of money, with no regard to the credible concerns we have. The Perry County Commission president Albert Turner, Jr. has done exactly the same thing to the citizens of Perry County with coal ash from the TVA Kingston Spill.
ADEM and EPA Region 4 condone these egregious actions of environmental injustice because they are profit machines for state coffers.
This is why people need to be so well informed about what is going on around them in other communities, not just in their own backyards. The same clique of bad actors are usually involved in controversial environmental issues all over the state. We need to really examine candidates before we cast our votes and not take the responsibility lightly, especially in the land of cotton, quarries, corruption and coal ash.
Monday, May 10, 2010
Transfer of Bacteria-Contaminated Particles in a Karst Aquifer: Evolution of Contaminated Materials from a Sinkhole to a Spring
Proceedings of 9th Multidisciplinary Conference, 2003, on Sinkholes and the Engineering and Environmental Impacts of Karst
Abstract
The transport of particle-associated bacteria during rain events in karst waters has been investigated.
In this aim, we studied the correlations between water turbidity and enumerations of sessile and planktonic bacteria. We monitored physico-chemical, i.e., turbidity, conductivity, size and nature of the transported particles, and bacteriological properties of waters since their infiltration on a karst plateau to their discharge at a karstic spring.
Results show a decrease of the concentration of sessile bacteria at the sinkhole for high turbidities. This phenomenon might be explained by the arrival of lower contaminated material.
On the other hand, the amount of sessile bacteria is not modified at the spring whatever the turbidity values.
These data highlight that slightly contaminated larger particles are not recovered, whereas small-size particles which exhibited a higher bacterial contamination are directly transferred (i.e., not affected by intra-karstic deposition) through the aquifer.
Our study confirms the storage/resuspension function of karst aquifers that was previously advanced by Massei et al. Moreover, we show a decrease of the concentration of planktonic bacteria after transport through the system whereas no reduction of the sessile population occurred.
The present data confirm that a high turbidity obviously reflects a bad sanitary quality of water but also demonstrate that low turbidity values do not systematically exclude a risk of contamination by sessile organisms.
These results and the present data point out the role of biofilms as potential environmental sources for water-borne infections and confirm that karst terrain, by its nature, is highly vulnerable to bacterial contamination.
Definitions:
Turbidity---Turbidity is a measure of the degree to which the water looses its transparency due to the presence of suspended particulates. Murky is high turbidity.
Sessile---Bacteria anchored or fixed to a surface.
Planktonic---Bacteria that are suspended or growing in a fluid environment as opposed to those attached to a surface (sessile)
Biofilms---slimy films of bacteria, other microbes and organic materials that cover underwater surfaces and act as a medium for pathogens to grow. These are sometimes called scums when they appear on surface water.
So what this means in layman's terms is just because the water is clear that does not mean it's "clean." Heavy rainfall is going to add to the process of contamination when the sinkholes they say will not happen, do happen.
Our underground terrain is very sensitive to any fluctuations by its sheer nature, and an assault from this quarry this bodes no good for our water quality.
A call to the EPA in Atlanta revealed that Spring Creek, one of the quarry discharge sites has never been tested. Since the creek is inflow and outflow wouldn't it be helpful to know what's there now? I suppose not if you don't want the public to know you are going to be discharging into something that may already be at risk. The converse is also true; they will be pulling that water towards them as they excavate and the COD widens. If the water in Spring Creek is already compromised they will pull it through the entire aquifer.
(Fowler tells us; "Vincent's water won't be affected and Spring Creek probably won't be at risk until later, if it is ever affected." If that's true why are they discussing alternate water supplies? Ms. Goddard has in her latest recommendations to the VPC that "Vincent will have to pay for a water treatment facility to be built." That is big money and big money every year to maintain it. She ought to know; SC sued Calera over this very issue not to long ago, when the had to start getting their drinking water from the quarries.)
The situation becomes even worse if you look at the water testing for this area. Since 2006 is the last year ADEM has on record we will use that one:
National average: 420
Wilton Water Works (Vincent): 69
15% of the national average...that's comforting isn't it?
If they are charged with any testing of the water.....
Harpersville's testing for that year was even worse, (63 tests) even though the results showed the presence of Alpha Particles which are a result of radioactive mining wastes in their drinking water. We all know where that comes from, BARD member Alabama Power.
WRQ is going to use septic tanks at the site. Indeed, there are already a great number of septic tanks adjacent to the property. If one of those were to rupture from subsidence, sinkholes and/or blasting, which would be difficult to ascertain because they are below ground, the contents would be quickly absorbed in the aquifer.
Another presentation at this conference states monitoring does not always pick up the smaller bacteria levels present in the water.
The community has no choice but to rely on WRQ to do proper monitoring and reporting. As deceptive as they have been to date, there is no precedent for them to be truthful about contamination occurring to our groundwater.
Shelby County has a failure of federal proportions (34 page Fed. audit link to right) which has already been discussed, and the lack of testing is outlined in the NY Times "Toxic waters" report linked to on the right. (Vincent is under the Wilton Water System in the report, not Vincent Water System which is also listed).
ADEMs failures are also historic and chronic and have also been discussed on this blog. The NY Times report requested, but was denied by ADEM, for more recent test results after 2006 which is noted on the individual water systems reports.
We suspect nothing has changed and increased water testing and remedies were not applied even after most systems knew they had problems with contaminants over the health limit, but under the legal limit.
There is the rub: under the legal limit. Do as little as possible if involves the public health. Public health is not a profit center.
We don't fix anything that we don't have to by law, doesn't matter that it is a health risk, the legal determining levels say otherwise.
Expect the same lax attitude with the quarry.
What chemicals will be in the explosives? Isn't it impossible to state that fuel oil, lubricating oils and other associated chemicals will not reach the groundwater? WRQ has not said what other chemicals are associated with quarrying, as usual they say nothing negative. Unless it something that calls them into question on something or someone who disagrees with them.
They think no one is really paying attention and informing themselves of real issues since it is so "late in the game".
We assure you gentleman, using that term generously, someone is paying attention.
Will Mr. Wood and Mr. Fowler will acknowledge these geologists concerns and scientific investigations that have proven the sensitivity of Karst aquifers? How about Ms. Goddard who is busily planning "wildflowers" in place of the 2 berms that would have protected the River Loop people to some extent?
Perhaps they need a little help by being hit in the face with it.
***Tomorrow: The Lord is willin' but he doesn't have anything to do with why the creek won't rise....
Abstract
The transport of particle-associated bacteria during rain events in karst waters has been investigated.
In this aim, we studied the correlations between water turbidity and enumerations of sessile and planktonic bacteria. We monitored physico-chemical, i.e., turbidity, conductivity, size and nature of the transported particles, and bacteriological properties of waters since their infiltration on a karst plateau to their discharge at a karstic spring.
Results show a decrease of the concentration of sessile bacteria at the sinkhole for high turbidities. This phenomenon might be explained by the arrival of lower contaminated material.
On the other hand, the amount of sessile bacteria is not modified at the spring whatever the turbidity values.
These data highlight that slightly contaminated larger particles are not recovered, whereas small-size particles which exhibited a higher bacterial contamination are directly transferred (i.e., not affected by intra-karstic deposition) through the aquifer.
Our study confirms the storage/resuspension function of karst aquifers that was previously advanced by Massei et al. Moreover, we show a decrease of the concentration of planktonic bacteria after transport through the system whereas no reduction of the sessile population occurred.
The present data confirm that a high turbidity obviously reflects a bad sanitary quality of water but also demonstrate that low turbidity values do not systematically exclude a risk of contamination by sessile organisms.
These results and the present data point out the role of biofilms as potential environmental sources for water-borne infections and confirm that karst terrain, by its nature, is highly vulnerable to bacterial contamination.
Definitions:
Turbidity---Turbidity is a measure of the degree to which the water looses its transparency due to the presence of suspended particulates. Murky is high turbidity.
Sessile---Bacteria anchored or fixed to a surface.
Planktonic---Bacteria that are suspended or growing in a fluid environment as opposed to those attached to a surface (sessile)
Biofilms---slimy films of bacteria, other microbes and organic materials that cover underwater surfaces and act as a medium for pathogens to grow. These are sometimes called scums when they appear on surface water.
So what this means in layman's terms is just because the water is clear that does not mean it's "clean." Heavy rainfall is going to add to the process of contamination when the sinkholes they say will not happen, do happen.
Our underground terrain is very sensitive to any fluctuations by its sheer nature, and an assault from this quarry this bodes no good for our water quality.
A call to the EPA in Atlanta revealed that Spring Creek, one of the quarry discharge sites has never been tested. Since the creek is inflow and outflow wouldn't it be helpful to know what's there now? I suppose not if you don't want the public to know you are going to be discharging into something that may already be at risk. The converse is also true; they will be pulling that water towards them as they excavate and the COD widens. If the water in Spring Creek is already compromised they will pull it through the entire aquifer.
(Fowler tells us; "Vincent's water won't be affected and Spring Creek probably won't be at risk until later, if it is ever affected." If that's true why are they discussing alternate water supplies? Ms. Goddard has in her latest recommendations to the VPC that "Vincent will have to pay for a water treatment facility to be built." That is big money and big money every year to maintain it. She ought to know; SC sued Calera over this very issue not to long ago, when the had to start getting their drinking water from the quarries.)
The situation becomes even worse if you look at the water testing for this area. Since 2006 is the last year ADEM has on record we will use that one:
National average: 420
Wilton Water Works (Vincent): 69
15% of the national average...that's comforting isn't it?
If they are charged with any testing of the water.....
Harpersville's testing for that year was even worse, (63 tests) even though the results showed the presence of Alpha Particles which are a result of radioactive mining wastes in their drinking water. We all know where that comes from, BARD member Alabama Power.
WRQ is going to use septic tanks at the site. Indeed, there are already a great number of septic tanks adjacent to the property. If one of those were to rupture from subsidence, sinkholes and/or blasting, which would be difficult to ascertain because they are below ground, the contents would be quickly absorbed in the aquifer.
Another presentation at this conference states monitoring does not always pick up the smaller bacteria levels present in the water.
The community has no choice but to rely on WRQ to do proper monitoring and reporting. As deceptive as they have been to date, there is no precedent for them to be truthful about contamination occurring to our groundwater.
Shelby County has a failure of federal proportions (34 page Fed. audit link to right) which has already been discussed, and the lack of testing is outlined in the NY Times "Toxic waters" report linked to on the right. (Vincent is under the Wilton Water System in the report, not Vincent Water System which is also listed).
ADEMs failures are also historic and chronic and have also been discussed on this blog. The NY Times report requested, but was denied by ADEM, for more recent test results after 2006 which is noted on the individual water systems reports.
We suspect nothing has changed and increased water testing and remedies were not applied even after most systems knew they had problems with contaminants over the health limit, but under the legal limit.
There is the rub: under the legal limit. Do as little as possible if involves the public health. Public health is not a profit center.
We don't fix anything that we don't have to by law, doesn't matter that it is a health risk, the legal determining levels say otherwise.
Expect the same lax attitude with the quarry.
What chemicals will be in the explosives? Isn't it impossible to state that fuel oil, lubricating oils and other associated chemicals will not reach the groundwater? WRQ has not said what other chemicals are associated with quarrying, as usual they say nothing negative. Unless it something that calls them into question on something or someone who disagrees with them.
They think no one is really paying attention and informing themselves of real issues since it is so "late in the game".
We assure you gentleman, using that term generously, someone is paying attention.
Will Mr. Wood and Mr. Fowler will acknowledge these geologists concerns and scientific investigations that have proven the sensitivity of Karst aquifers? How about Ms. Goddard who is busily planning "wildflowers" in place of the 2 berms that would have protected the River Loop people to some extent?
Perhaps they need a little help by being hit in the face with it.
***Tomorrow: The Lord is willin' but he doesn't have anything to do with why the creek won't rise....
Sunday, May 9, 2010
Remediation of a Sinkhole Induced by Quarrying
By Thomas J. Abkemeier, M.ASCE and Richard W. Stephenson, F.ASCE
(the following was from a yearly 2003 conference by the American Society of Civil Engineers)
On the morning of April 28, 1997, a sinkhole developed beneath a Burlington Northern Santa Fe Railway track. The sinkhole caused the derailment of 22 railroad cars, spilling diesel fuel from the engines that ignited, resulting in a fire and injuries to railroad personnel.
Railroad personnel filled the sinkhole with about 500 cubic yards of rock fill, and traffic resumed while a subsurface study was carried out. The study resulted in a grouting program where 40 to 50 cubic yards of grout were injected into the subsurface.
In August of 1999, the track subsided again. A second investigation conducted in October 1999, involved a tomographic imaging survey to define weaker zones beneath the track that may have contributed to the August ground movement. A much more extensive grouting program followed this study in April 2000. A total of 2746 cubic feet of neat cement/fly ash grout and 162 cubic feet of sand-cement/fly ash grout were injected into the underlying bedrock.
In July of 2000 another and larger subsidence occurred, and a second tomographic imaging survey was conducted.
In April of 2002, the sinkhole reactivated and continuing movement occurred over a period of weeks. About this time, a large volume of sand-laden water was reported entering the adjacent quarry. A third grouting program was conducted and involved injection of cement, chemical, and hot asphalt grouts. The grouting appears to have arrested both the subsidence as well as the inflow of water into the quarry.
Note how many times it reactivated and failed to be repaired properly. Did it continue to fail because someone was trying to save money on the repair? This is common as sinkhole remediation is quite costly.
Alabama Power has so much trouble with this at the nearby dam that they have built a cement facility right there.
There has been no discussion about sinkholes occurring under the rail lines here in Vincent, because WRQ claims there won't be any sinkholes. They are in direct opposition with many noted geologists including the USGS about what massive dewatering does in a Karst terrain as a result of mining.
Highly toxic chemicals travel right through downtown every day on this rail line.
The consequences of a sinkhole developing under our rail line could have disastrous results. No one has even mentioned it, so if it does happen they have no plan to address it. That is quite alarming.
White Rock keeps telling the community that sinkholes are not a concern and disputes John Newton's geological study of the Dry Valley area of Shelby County as outdated. Robert Wood, WRQ "geologist" in a March 16, 2010 memorandum to the Vincent Planning Commission, even goes so far as to say Mr. Newton "never determined how many of the sinkholes within his study would have occurred anyway had there been no mining." He also says; "The geology and hydrogeology of Dry Valley is very different than the Vincent area."
Those are (to use the term Mr. Fowler is so fond of) "bold faced lies" and he knows it. He is deliberately misleading the officials and Shelby County and should be fired immediately as he has lost all credibility as a professional.
From one of several of Mr. Newton's geological surveys in Shelby County, "Case History No 911" page 246:
"Dewatering or the continuous withdrawal of large quantities of water from carbonate rocks by wells, quarries and mines in numerous areas in Alabama is associated with extremely active sinkhole development. Numerous collapses in these areas contrast sharply with their lack of occurrence elsewhere."
Geologic description of the Dry Valley area same case study page 245:
"The terrain used to illustrate sinkhole development is a youthful basin underlain by carbonate rocks such as limestone and dolomite. The basin contains a perennial or near perennial stream (Spring Creek is one of ours here in Vincent near the quarry site). This particular terrain is used because it is very similar to that of 10 active areas of sinkhole development in Alabama that have been examined by the author. Factors related to the development of sinkholes that have been observed in these areas are generally applicable to other carbonate terrains."
Consulting the geologic maps for mineral deposits show what deposits in the Vincent area that WRQ is after and they have said it themselves in their documents:
Limestone and Dolmite.
This terrain in Vincent is also described exactly as in the sentence above as a "youthful terrain overlain by carbonate rocks such as limestone and dolomite."
Mr. Wood would have us believe that the geology of Shelby County Karst is completely different depending on where the Karst is in the county. He also goes on to say that in the Dry Valley area multiple quarries created a dewatered zone between their sites and they were discharging water across each others cones of groundwater depression and dewatered zones.
What he is attempting to say to explain away the increased sinkhole activity is called impoundment. It is the overburden of water which results in collapse. This occurs most commonly as a result of heavy rainfall not quarrying disharging. What he does not say is:
(From Environmental Hydrogeology 1997:
"Collapses resulting from the draining of impoundments in cones of depression are not uncommon."
(In the forward of the book: "This book contains information obtained from authentic and highly regarded sources"
He attempts to blame collapse on sheer water volume and weight, while EH clearly states it is the draining of the water that most often causes the collapse.
It is still a dewatering issue that causes the increased, frequent subsidence. Heavy rainfall and drought conditions are known natural variables in sinkhole formation in Karst terrain and not disputed as such.
But, if Mr. Wood wants to use discharging as a cause then we need to ask how his claim will effect the surrounding land in Vincent. We won't need several quarries discharging water as this one will be pulling massive amounts based on what he has said about the amounts WRQ will be withdrawing from the ground. They will have to put the excess amount somewhere won't they?
So, it seems he has put himself in a box with his own statement.
Mr. Newton does not mention this "cross watering and discharging" as the main cause of man induced sinkholes once in any of his studies, nor do others mention it in subsequent studies. What they all say is dewatering from wells, mining and quarrying are the culprit for increased, rapid forming sinkholes. If what Mr. Wood suggests was indeed the case, it would have been prominently stated as a part of the numerous studies done on the area would it not?
One other geologist calls it like it is:
"The problem is the solution----stop dewatering."
Mr. Wood is attempting to discredit any other geologist besides himself and buffaloing the officials with "high brow" language he knows is designed to deceive.
The lengths WRQ and their hired guns will go to is astounding and reckless.
They will not get away with this rest assured. Exposure is coming.
***Tomorrow the post will address how sensitive Karst terrains are for groundwater pollution addressed by the ASCE conference.
WRQ is lying about this issue too and it will be proven courtesy of the ASCE.
(the following was from a yearly 2003 conference by the American Society of Civil Engineers)
On the morning of April 28, 1997, a sinkhole developed beneath a Burlington Northern Santa Fe Railway track. The sinkhole caused the derailment of 22 railroad cars, spilling diesel fuel from the engines that ignited, resulting in a fire and injuries to railroad personnel.
Railroad personnel filled the sinkhole with about 500 cubic yards of rock fill, and traffic resumed while a subsurface study was carried out. The study resulted in a grouting program where 40 to 50 cubic yards of grout were injected into the subsurface.
In August of 1999, the track subsided again. A second investigation conducted in October 1999, involved a tomographic imaging survey to define weaker zones beneath the track that may have contributed to the August ground movement. A much more extensive grouting program followed this study in April 2000. A total of 2746 cubic feet of neat cement/fly ash grout and 162 cubic feet of sand-cement/fly ash grout were injected into the underlying bedrock.
In July of 2000 another and larger subsidence occurred, and a second tomographic imaging survey was conducted.
In April of 2002, the sinkhole reactivated and continuing movement occurred over a period of weeks. About this time, a large volume of sand-laden water was reported entering the adjacent quarry. A third grouting program was conducted and involved injection of cement, chemical, and hot asphalt grouts. The grouting appears to have arrested both the subsidence as well as the inflow of water into the quarry.
Note how many times it reactivated and failed to be repaired properly. Did it continue to fail because someone was trying to save money on the repair? This is common as sinkhole remediation is quite costly.
Alabama Power has so much trouble with this at the nearby dam that they have built a cement facility right there.
There has been no discussion about sinkholes occurring under the rail lines here in Vincent, because WRQ claims there won't be any sinkholes. They are in direct opposition with many noted geologists including the USGS about what massive dewatering does in a Karst terrain as a result of mining.
Highly toxic chemicals travel right through downtown every day on this rail line.
The consequences of a sinkhole developing under our rail line could have disastrous results. No one has even mentioned it, so if it does happen they have no plan to address it. That is quite alarming.
White Rock keeps telling the community that sinkholes are not a concern and disputes John Newton's geological study of the Dry Valley area of Shelby County as outdated. Robert Wood, WRQ "geologist" in a March 16, 2010 memorandum to the Vincent Planning Commission, even goes so far as to say Mr. Newton "never determined how many of the sinkholes within his study would have occurred anyway had there been no mining." He also says; "The geology and hydrogeology of Dry Valley is very different than the Vincent area."
Those are (to use the term Mr. Fowler is so fond of) "bold faced lies" and he knows it. He is deliberately misleading the officials and Shelby County and should be fired immediately as he has lost all credibility as a professional.
From one of several of Mr. Newton's geological surveys in Shelby County, "Case History No 911" page 246:
"Dewatering or the continuous withdrawal of large quantities of water from carbonate rocks by wells, quarries and mines in numerous areas in Alabama is associated with extremely active sinkhole development. Numerous collapses in these areas contrast sharply with their lack of occurrence elsewhere."
Geologic description of the Dry Valley area same case study page 245:
"The terrain used to illustrate sinkhole development is a youthful basin underlain by carbonate rocks such as limestone and dolomite. The basin contains a perennial or near perennial stream (Spring Creek is one of ours here in Vincent near the quarry site). This particular terrain is used because it is very similar to that of 10 active areas of sinkhole development in Alabama that have been examined by the author. Factors related to the development of sinkholes that have been observed in these areas are generally applicable to other carbonate terrains."
Consulting the geologic maps for mineral deposits show what deposits in the Vincent area that WRQ is after and they have said it themselves in their documents:
Limestone and Dolmite.
This terrain in Vincent is also described exactly as in the sentence above as a "youthful terrain overlain by carbonate rocks such as limestone and dolomite."
Mr. Wood would have us believe that the geology of Shelby County Karst is completely different depending on where the Karst is in the county. He also goes on to say that in the Dry Valley area multiple quarries created a dewatered zone between their sites and they were discharging water across each others cones of groundwater depression and dewatered zones.
What he is attempting to say to explain away the increased sinkhole activity is called impoundment. It is the overburden of water which results in collapse. This occurs most commonly as a result of heavy rainfall not quarrying disharging. What he does not say is:
(From Environmental Hydrogeology 1997:
"Collapses resulting from the draining of impoundments in cones of depression are not uncommon."
(In the forward of the book: "This book contains information obtained from authentic and highly regarded sources"
He attempts to blame collapse on sheer water volume and weight, while EH clearly states it is the draining of the water that most often causes the collapse.
It is still a dewatering issue that causes the increased, frequent subsidence. Heavy rainfall and drought conditions are known natural variables in sinkhole formation in Karst terrain and not disputed as such.
But, if Mr. Wood wants to use discharging as a cause then we need to ask how his claim will effect the surrounding land in Vincent. We won't need several quarries discharging water as this one will be pulling massive amounts based on what he has said about the amounts WRQ will be withdrawing from the ground. They will have to put the excess amount somewhere won't they?
So, it seems he has put himself in a box with his own statement.
Mr. Newton does not mention this "cross watering and discharging" as the main cause of man induced sinkholes once in any of his studies, nor do others mention it in subsequent studies. What they all say is dewatering from wells, mining and quarrying are the culprit for increased, rapid forming sinkholes. If what Mr. Wood suggests was indeed the case, it would have been prominently stated as a part of the numerous studies done on the area would it not?
One other geologist calls it like it is:
"The problem is the solution----stop dewatering."
Mr. Wood is attempting to discredit any other geologist besides himself and buffaloing the officials with "high brow" language he knows is designed to deceive.
The lengths WRQ and their hired guns will go to is astounding and reckless.
They will not get away with this rest assured. Exposure is coming.
***Tomorrow the post will address how sensitive Karst terrains are for groundwater pollution addressed by the ASCE conference.
WRQ is lying about this issue too and it will be proven courtesy of the ASCE.
Friday, May 7, 2010
Comprehensive Planning & Shelby County's "Path to the Future" 2006 Socialistic Plan
South Carolina State Representative Joe Neal explains in this three minute video clip what happened to property rights after Richland County, SC adopted a Comprehensive Plan which incorporates socialist - sustainable development principles.
(credit: http://Alabamapropertyrights.org)
What Mr. Neal is explaining is what we have in place here in Shelby County, Alabama through the Comprehensive Plan "Path to the Future" which can be found here:
Discussion of this dastardly plan in addition to to the above credit link:
(also click on his archives link)
Articles by Don Casey:
***Read the article about the Shelby County woman the Commission raked over whose son needed heart surgery, which requires a lot of money. They would not listen to her pleas regarding zoning of her property, effectively "took from her" the value of her property and sent her running from the room in tears.
These organizations have done an outstanding job deciphering and exposing what this Comprehensive Plan really means for Shelby County. Kudos to their hard work!
The relevance of this plan and the blight loophole in the Alabama Amendment are tied together--what Shelby County has done by implementing this plan has in effect given them complete control over the citizens and stripped them of their property rights.
What is happening in Vincent is part of this plan. This is one of the reasons the White Rock Vincent Hills Quarry did not locate in an unincorporated area; "Comrade Dudchock" (County Manager) has given himself broad powers under the plan (and the "Home Rule" amendment to the Alabama Constitution) and "we all must fall in line with it" including the quarry.
We invite you to please visit the links and educate yourself on this plan so you will have a greater understanding of how this all works together.
The loophole in the Alabama Eminent Domain Amendment:
(a) Neither the State of Alabama, nor any of its departments, divisions, agencies, commissions, corporations, boards, authorities, or other entities, nor any agency, corporation, district, board, or other entity organized by or under the control of any municipality or county in the state and vested by law to any extent whatsoever with the power of eminent domain may condemn property for the purpose of nongovernmental retail, office, commercial, residential, or industrial development or use; provided, however, the foregoing provisions of this subsection shall not apply to the exercise of the powers of eminent domain by any county, municipality, housing authority, or other public entity based upon a finding of blight in an area covered by any redevelopment plan or urban renewal plan*(Note the bold section and then think about the Comprehensive Plan.)
They have in effect given themselves the right to exercise Eminent Domain using "blight" in "any redevelopment plan or urban renewal plan."
A much stronger amendment was on the table, SB297 to really protect Alabama citizens from the SC Eminent Domain ruling, but it was defeated in committee and we are left with a much weaker bill.
One article cites this: “When Alabama first enacted reform, it still allowed condemnations for ‘blight’ under a wide definition of that term, but the legislature later closed that loophole."
This is what the above statement is referring to when Alabama did this in an "attempt to fix" the loophole:
Alabama HB 654
In 2005, Alabama adopted legislation that prohibited cities and counties from using eminent domain for private development or for enhancing tax revenue.
Under the bill, blighted properties were exempt.
This year(Dec 2006) HB 654 was adopted. The law requires that only those properties with significant structural or other problems detrimental to public health and safety can be designated as blighted.
Do you think severe blasting damage, flooding and sinkholes would qualify?
Who defines "other problems" and what criteria are used to determine this? Shelby County could answer that and they have with their Comprehensive Plan.
Earlier in 2006 with SB68:
Alabama's legislation (SB 68A) gives the former owner of property condemned for a lawful purpose, or his heirs or assigns, a right of first refusal if the property is not used for the purpose for which it was condemned or for some other public use.The former owner can repurchase the property at the price that was paid for the property, less the amount, if any, paid in income and transaction taxes paid in connection with condemnation.The right of first refusal runs for 90 days. Thereafter the property may be sold to any other person at a public sale after legal notice is given.
Three tries at this and they still do not get it right. SB297 would have done it all in one bill and that would have been the end of discrepancies.
Enter the Comprehensive Plan once again and its "sustainable development controls" and the mile-wide berth in determining "lawful purpose":
Published remarks about the weakness of the Alabama Amendment:
In the three years since Kelo, 42 states, including Alabama, have enacted new laws limiting eminent domain power, but many of the new laws contain loopholes that make them easy to circumvent.Some 19 states have forbidden takings for “economic development” but continue to permit the exact same kinds of condemnations under the guise of alleviating “blight” — a concept defined so broadly that virtually any property the government covets can be declared “blighted.”CATO Institute, April 27, 2008
*(Note that the date is two years after Alabama been "hailed" as "closing the blight loophole.")
From "Path to Future" Part II:
The goals of the Strategic Development Concept
(Page 3)
Recognize the private property rights of the individual
within a balanced framework that considers the
public interest and SHARED values of the COMMUNITY
The goals of the Strategic Development Concept
(Page 3)
Recognize the private property rights of the individual
within a balanced framework that considers the
public interest and SHARED values of the COMMUNITY
Now, the SC Eminent Domain ruling was based on this same concept of "public interest" which overrode individual interest. Shelby County knew this and had to find a way around it that would not be in violation of Alabama legislative law and the amendment to the existing Eminent Domain law for the state.
Knowing the amendment was weak they adopted the "Home Rule" which has this language:
Amendment 707, Home Rule Section 1 (a) Except as herein provided, The Shelby County Commission may adopt ordinances, resolutions…for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law enacted by the Alabama Legislature
RESOLUTION 04-10-25-04ADOPTION OF THE
SHELBY COUNTY COMPREHENSIVE PLAN, A PATH
TO THE FUTURE
Section 3. Eminent domain.
The Shelby County Commission may exercise the power of eminent domain as is authorized by general law.
The language "authorized by general law", "is not inconsistent with this Constitution or any local law enacted by the Alabama Legislature," allows them to exercise their CP terms and not be in violation of Alabama law as well as drive a truck right through the "blight" loophole!
They additionally cover themselves from legal action with this:
Section 4. Liability.
The Legislature may waive or limit the liability of Shelby County by law.
The Legislature may waive or limit the liability of Shelby County by law.
The doublespeak section of the "Home Rule" amendment:
Section 8. The powers granted to the Shelby County Commission by this amendment shall not be construed to extend to any matters which the Legislature by general law has heretofore preempted by operation of law, nor shall the powers be construed to extend to any of the following matters:
(5) Action affecting the exercise of the power of eminent domain.
(5) Action affecting the exercise of the power of eminent domain.
Which means I have the power, but I don’t have the power. Doublespeak is common when differences between state and local governments arise. What makes this so troublesome is that the Alabama Amendment has not closed the blight loophole. The SC ruling, in granting broad powers for the lax standards of review in applying the meaning of “blight” to local governments, with NO OVERSIGHT, and allows Shelby County to carefully disguise its intentions and powers.
It should now make sense why Shelby County Planner Kristine Goddard has been so intimately involved with the entire process here in Vincent-- she is carrying out the socialistic agenda of the Shelby County Comprehensive Plan.
Wednesday, May 5, 2010
Protecting Your Property Rights
A skirmish in the ongoing battle to retain private property rights in Alabama from Don Casey on Vimeo.
(The video does skip, but try and stay with it, it is very important what they are discussing as it mirrors similar recent activity by the Zoning Board of Vincent)
Vincent residents will understand the attitude of the officials and city attorney in this video, because it is what we experience as well. Based on the last Zoning Board workshop in Vincent when they were discussing an ordinance similar to this video issue, the question needs to be asked: "Will I stand to lose my property if I am in what is perceived as "continued violation" of this ordinance you are trying to pass?"
They VPC did say a lien would be placed on property in continued non-compliance. If you're poor, a lien could easily cause you to lose your property. The timing of this ordinance being discussed is highly suspect. So why now, with so much already on the agenda?
Is Vincent, pushed by the county, on a mission to "land grab" in a number of ways?
This issue is going to be the subject of the next few posts since Eminent Domain is on the table concerning Vincent. It may also come in the form of Inverse Condemnation (rather than an outright "land grab" in most cases which is exercised by a municipality), and can be an action in two ways:
1. Initiated by the government
2. Initiated by a property owner
1. Initiated by the government
2. Initiated by a property owner
Mr. Fowler is crowing that Vincent is not exercising its eminent domain rights and condemning property. This is in response to the Alabama River Alliance letter regarding riparian water rights and private property owners rights to not be deprived of the use of their land.
Sinkholes, wells fouling, blasting damage and complete water loss are not compatible with property owners having the right to enjoyable and reasonable uses of their own land.
The ARA has a point suggesting Inverse Condemnation is being set up by the quarry, and we suspect someone got nervous about this in City Hall (as they should be) and Mr. Fowler is passing out the "milk and cookies" to them.
What he is not telling them is the following regarding Inverse Condemnation:
Damage or Taking in Eminent Domain
Types of Inverse Condemnation
Physical Intrusion
* Intangible Intrusion Not Causing Physical Damage (noise, dust, fumes)
* Intangible Intrusion Causing Physical Damage (vibration, land stability)
* Loss of Access
* “Klopping” Pre-condemnation Delay
* Intangible Intrusion Not Causing Physical Damage (noise, dust, fumes)
* Intangible Intrusion Causing Physical Damage (vibration, land stability)
* Loss of Access
* “Klopping” Pre-condemnation Delay
Regulatory Takings
* Water damage
- Streams
- Flood control
- Riparian rights
* Land Stability
- Subsidence
- Lateral/subjacent support
* Loss/Interference with Access
Good Faith Mitigation Intangible Intrusion – No Physical Damage
*Highway, airport noise, over-flying aircraft
*Public works construction projects
*Utilities
(No liability for electromagnetic fields)
Intangible Intrusion – Causing Damage
*Vibrations
*Land stability/subsidence
- Streams
- Flood control
- Riparian rights
* Land Stability
- Subsidence
- Lateral/subjacent support
* Loss/Interference with Access
Good Faith Mitigation Intangible Intrusion – No Physical Damage
*Highway, airport noise, over-flying aircraft
*Public works construction projects
*Utilities
(No liability for electromagnetic fields)
Intangible Intrusion – Causing Damage
*Vibrations
*Land stability/subsidence
It is certainly feasible all residents in a three mile range of the quarry will suffer from some of these and an Inverse Condemnation, which would initiated by them, not the city, is a distinct possibility.
The second case of Inverse Condemnation brought by property owners on environmental grounds:
An increase in environmental problems has resulted in a new type of eminent domain proceeding called inverse condemnation. In this proceeding, the property owner, rather than the condemner, initiates the action. The owner alleges that the government has acquired an interest in his or her property without giving compensation, such as when the government floods a farmer's field or pollutes a stream crossing private land. An inverse condemnation proceeding is often brought by a property owner when it appears that the taker of the property does not intend to bring eminent domain proceedings.
WRQ Atty. Rob Fowler, the city, and the county will come out "clean" in this because it would come from the property owners rather than any of them. It is a very shrewd move and one he can point to again and again as support for his statement; "The Town of Vincent is not condemning private property." Additionally, WRQ is keenly aware that fair market value will be greatly affected with the quarry coming in and property owners will not be made whole in "just compensation" despite the general thinking that they will.
The 2005 SCOTUS ruling gives broad definitions for "blight" and the standards used to determine the "public interest in using Eminent Domain to condemn private property in the interest of economic development."
The end result will be favorable to the quarry in either use of Eminent Domain; Inverse or exercising the SC ruling and condemning the adjoining land for economic development that will yield more taxes and revenue for the city/county than is currently being generated. This result is the basis for the ruling; more money from one entity than the one already there is in the "public interest" and considered the "greater good" for a community.
That's a socialistic line of thinking that falls in play with Agenda 21.
It flies in the face of our rights afforded to us by the Constitution and the Bill of Rights.
*Shelby County has put this same principle in place in their 2006 comprehensive plan and the county's "home rule" amendment courtesy of Mr. Alex Dudchock. All the pieces are in place for governmental abusive power to be exercised legally.
*(link to Shelby County Home Rule):
A very controversial Eminent Domain case from 2003 has already happened in Alabaster with the Colonial Promenade Shopping Center:
The project was opposed by some of the property owners whose land was needed for the development. A group of ten owners sued the City of Alabaster and Colonial Properties to prevent the controversial use of eminent domain to force them to sell approximately 10 of the 400 acres needed. In June 2003, the Alabaster City Council voted 6-0 (with 1 abstention) to adopt the I-65, 238 Urban Renewal and Urban Redevelopment Plan which determined that the property in question was a "blighted area". The city subsequently entered into an agreement to condemn and seize the land, and then exchange it and certain infrastructure improvements for the construction of new city facilities to be provided by Shelby Land Partners, a limited-liability corporation established to negotiate with the city for the development. At the time Wal-Mart and Belk had already been announced as prospective tenants.
The story was picked up nationally by critics of what many consider to be abuse of eminent domain. Landowner Lily Spence appeared on CNN to voice her objections to having her property condemned. The case was cited by Montgomery legislators who passed legislation severely restricting the scope of public uses allowed in eminent domain cases. The July 2005 law followed a Supreme Court decision in a Massachusetts dispute that the matter was for states to decide.
Note that this case follows the SC ruling result of what was considered by the local government as the "greater good in economic development." Shelby County changing their comprehensive plan in 2006 did so deliberately to allow for this to happen again. They were well aware of the fact the SC ruling gave broad power to local governments.
Alabama passed an amendment to the SC ruling to keep this from happening again, but they fell far short and Shelby County knew this as does Mr. Fowler. What could have been a strong law to protect Alabama's citizens from Eminent Domain is seriously deficient.
Tomorrow we will present the flaw in the Alabama Amendment passed right after the Supreme Court 2005 ruling on Eminent Domain. Alabama has left a serious loophole in the amendment that is wide open to abuse.
(Another thing Mr. Fowler conveniently left out)
You are not as safe as you might think.
Tuesday, May 4, 2010
Eminent Domain Ruling 2005 Supreme Court Syllabus Included With Latest Quarry Proposal
(Click post title for PDF file discussion on this case)
A very slippery way to exercise Eminent Domain is the creation of Inverse condemnation conditions. Inverse Condemnation is an action brought by a property owner who's property has become so damaged that it is no longer livable, thereby giving 'cover' to municipalities who do not have to exercise a controversial Eminent Domain claim--aqll they have to do is sit back and wait.
In the latest proposal from the Shelby County Planning Commission, drawn up by Kristine Goddard Planner II, a one page syllabus of the KELO et al vs. CITY OF NEW LONDON et al No. 04-108 was included with the information to the Vincent officials.
Who included this document? Did it originate from WRQ representatives or Shelby County?
Why was this particular case, which caused nationwide outcry, a part of the materials in the revised proposal requested by White Rock Quarries? The answer is obvious; WRQ does not intend to buy anymore land for their operations, they intend to take it using this legal precedence from the highest court in the land.
Shelby County seems to be cooperative with this as it is usually a municipality that exercises this move, and we see it as the most reasonable explanation for this document to be a part of the latest proposal.
It is worthy to note that there has never been a case of Eminent Domain exercised since this ruling in the county. We suspect it is being raised now because the majority of citizens are against this quarry and will not sell out to them. It may also be because WRQ has already made their "high dollar" buys to some individuals who benefited from their familial ties to our current Mayor.
Shelby County's "Home Rule" amendment in 2006 is threatening that Eminent Domain will come up again, and we think the the biggest reason is Columbiana's complete disregard for this section of the county that they consider the "armpit of Shelby County."
From the discussion link:
"....when a government undertakes to use eminent domain in order to advance an economic redevelopment program, controversy has reigned supreme.
Critics assert that the wealthy and powerful are too likely to be able to manipulate the system at the expense of the weak and the poor.
Accordingly, for economic redevelopment eminent domain cases, the Supreme Court, in an appropriate case, should ratchet up the judicial standard of review."
It continually comes back to same issue that is the 500 pound gorilla in the room regarding this quarry; the wealthy and powerful preying upon the weak and poor.
We have done extensive PAC research on campaign contributions to elected officials for the last 5 years, that were the recipients of Stephen Bradley's direct PACs, PAC to PAC transfers and the companies that make up BARD, political contributions. The presence of undue influence is alarming; elected officials from the local level all the way up to Alabama Supreme Court judges received large and numerous donations from these entities. Troy King, the current Attorney General is included among them.
The state, for all intents and purposes, has been "bought."
Challenges to this ruling will be heard on local and state levels by judicial arbiters that we expect will be friendly to the corporate view of the situation.
Monday, May 3, 2010
Berkley and Freetown, MA - Freetown Residents Reactions to Quarry
This is their story:
citizensforhealthsafetyecology.blogspot.com
From their site:
Sunday, August 30, 2009
Blasting and Property Damage
Complaints filed with local fire departments and newspaper and news broadcast accounts all plainly list the damages blasting can cause to residential homes.
Residents living near blast sites have suffered from cracks in home foundations, basement flooding from groundwater entering through basement cracks, cracks in interior walls, ceiling collapse, broken well pumps, damage to wells, groundwater contamination from blasting residue and cracks in in-ground pools.
Homeowner's insurance will not cover damages caused by blasting. When residents file for damages with the blasting company's insurance, they are told that their homes are "settling."
Other common insurance excuses for not paying claims for blasting damage include: workmanship, age, guttering, drainage, drought and heavy rains run-off.
At a Selectmen's Hearing in Boothbay Harbor, Maine, residents complained about Maine Drilling and Blasting. "We've got problems you can't believe," said one resident. Houses affected had as much as $10,000 to $15,000 in damage. Liberty Mutual, which insured the blasting done by Maine Drilling and Blasting was refusing to pay. "They're just walking all over us," one resident stated.
THEY SAID "NO DUST....."
Green Lane, Pa. Quarry
WRQ tells Vincent "no dust" too.
Sunday, May 2, 2010
The West Virginia Hills
Look what they have done. Evil.
The man holding up the mason jar near the end is holding a jar of his well water.
This matters to us in the Southeastern United States because the headwaters in Appalachia flow down to us and enter our drinking water supplies.
This matters to us because men like Leo Vecellio, Jr. (BOD "13th decision maker" NRP) get rich from this while the rest of us are made to suffer in so many ways.
This matters to us because men like Leo Vecellio, Jr. (BOD "13th decision maker" NRP) get rich from this while the rest of us are made to suffer in so many ways.
This matters to us because Natural Resource Partners (NRP) is in our sister county of Jefferson. Vecellio, through WRQ, is pushing to take over Vincent and destroy it for more profit. Maybe he's a few billion short this year for his philanthropic, high-society Palm Beach balls or perhaps the missus needs a bigger yacht.
NRP owns the land that USS Steel gets their coal from; the Oak Grove mine, which was listed at 80-90th percentile for the dirtiest industries on total emissions for 2002 from Source Watch. USS Steel is a BARD member and Bradley client.
April 21, 2010 Federal "blitz" on mines with history of violations, Oak Grove (Alabama) on the list:
MSHA.gov media press
MSHA.gov media press
PDF FILE Feb 21, 2010: "unwarrantable failures, reckless disregard...will result in the injury or illness of a reasonably serious nature":
How men like this sleep at night we will never understand...
Note that the forest geologist from the PBS clip says it will take "hundreds of thousands of years" for the soil to return to what it was and support the growth that was there.
WRQ and Vincent Industrial Board member (and ambulance chaser lawyer) Marsh Acker would have us believe in Vincent that a reclamation bond will make it "okay" for hundreds of tons of Vincent to be yanked from the ground by White Rock Quarries.
WRQ and Vincent Industrial Board member (and ambulance chaser lawyer) Marsh Acker would have us believe in Vincent that a reclamation bond will make it "okay" for hundreds of tons of Vincent to be yanked from the ground by White Rock Quarries.
Lip stick on a corpse is what that reclamation bond really means.
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