Rivers, Manchin’s Successor, Firing Up A Gas Pipeline And New Power Plant Rules, This West Virginia Week

On this West Virginia Week, Earth Day was Monday. We’ll hear from a hydrologist about the state’s rivers. We’ll learn more about why two leading candidates for governor are trading accusations in ads over transgender youth. And we’ll visit a community in southern West Virginia affected by contaminated water.

On this West Virginia Week, Earth Day was Monday. We’ll hear from a hydrologist about the state’s rivers. We’ll learn more about why two leading candidates for governor are trading accusations in ads over transgender youth. And we’ll visit a community in southern West Virginia affected by contaminated water.

We’ll also talk about what’s next for opponents of new federal power plant rules. We’ll find out who Sen. Joe Manchin, D-W.Va., has endorsed to be his successor in the Senate. And we’ll learn when a long-delayed controversial natural gas pipeline proposes to begin operating.

Curtis Tate is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick and Randy Yohe.

Learn more about West Virginia Week.

AG Morrisey Takes Aim Against EPA Intrastate Water Regulations

A new rule from the EPA gives the agency more power over intrastate bodies of water, but Attorney General Patrick Morrisey is calling it federal overreach. 

A new rule from the Environmental Protection Agency (EPA) gives the agency more power over intrastate bodies of water, but Attorney General Patrick Morrisey is calling it federal overreach. 

The rule defines waters protected under the Clean Water Act. It expands the EPA’s authority over intrastate bodies of water like lakes, ponds, streams and wetlands. 

The rule’s text says it “ensures critical protections for the nation’s vital resources, which support public health, environmental protection, agricultural activity and economic growth.”

Morrisey called the rule federal overreach during a press conference Thursday afternoon, arguing it takes jurisdiction away from states and would negatively affect economic and job growth, and that smaller bodies of water should be regulated differently than larger rivers. He says it could affect farmers, developers or other property owners who want to utilize waterways on their land.

“When you look at the way the rule is structured, we are very concerned once again, that this is targeting ephemeral streams, or even your backyard ditch,” Morrisey said.

The rule, formally titled “Revised Definition of ‘Waters of the United States,” is set to replace a rule put in place by the Trump administration called the “Navigable Waters Protection Rule,” which reduced the number of wetlands protected by the Clean Water Act on a federal level. 

The rule is set to go into effect March 20, sixty days after its original publication in the federal register. The lawsuit is set to be filed in North Dakota, with West Virginia joining 23 other states.

Book: ‘Holding Back The River’ Looks At American Waterways

Courtesy photo

West Virginia author and journalist Tyler J. Kelley takes a hard look at rivers, flooding and commerce on America’s waterways in his new book “Holding Back the River: The Struggle Against Nature on America’s Waterways.”

Kelley spoke with Eric Douglas about the book and how the river plays into the ongoing national discussion on infrastructure.

This interview has been lightly edited for clarity.

Douglas: How did you decide to jump into this project?

Kelley: I was on a camping trip with a friend going down the Mississippi River and we came to a lock and dam. I was astonished that the lock and dam would operate for my benefit, like I could pull this little rope and the chamber would open, it would fill and let me out.

I began to realize very slowly that, first of all, these massive structures have been built across so many rivers in the United States. And second, that one agency, the U.S. Army Corps of Engineers, proposed to construct these structures and to control these tremendously powerful natural forces. I was really just sort of astonished when I realized the level of ambition and hubris, I guess, that these projects entailed. And from then on, I was fascinated.

Author Tyler J. Kelley

Douglas: One of the big topics in the news is infrastructure. Why should we be talking about the river more than we are?

Kelley: Waterways infrastructure is always the last thing on people’s minds, especially now that the definition of infrastructure has been expanded so much. But the waterways are crucial for a number of reasons. In my book, I talk about two types of waterway infrastructure: locks and dams are vital to trade because they make the river deep enough for barges, which carry a lot of the staple goods to the United States economy — grain fuel, metal, fertilizer. And then there are also levees; these earthen walls that essentially make the river’s historic floodplain habitable so we can live and build and develop land that the river formerly flooded.

The United States is pretty much unimaginable without locks and dams, and without levees. Vast swathes of the middle of the country would be uninhabitable if those levees weren’t there. A tremendous part of our industrial base down in Louisiana would be unusable if those levees weren’t there. Agriculture as we know it wouldn’t really work without the lock and dams.

There are people who are opposed to the dams, and people who want to take the levees down and let the river flow back to where it used to flow. In my book, I don’t try to say we should or shouldn’t do this or that, but to say, this is what we’ve built based on these assumptions. If you advocate for taking this stuff down, you have to reimagine this huge part of our economy, these vast swaths of land, all these cities we can’t live in anymore. Basically, we can be smarter about this, but we also have to remember that we can’t let most of it fail.

Douglas: In the book you discuss the equivalencies of trucking versus trains versus barges. Can you give me some sense of the scale of barge traffic versus road traffic?

Kelley: A 15-barge tow, which is standard on the larger locking rivers, I think contains more than 1,000 semi trailer trucks worth of goods. If you talk about what would happen if we didn’t have these locking dams, you would have so many more trucks on the roads that would have to carry these goods, the price of transportation would go way up, which in terms of agriculture would mean that farmers were paid less for their crops. And there’s a lot more emissions and fatalities associated with truck and rail transportation. So all of those things would increase.

Douglas: I was astounded you were talking about locks 52 and 53 and that they were wicket dams. I thought wicket dams went out 70 or 80 years ago. That was old-school technology. I didn’t realize there were any of those still on the river period, much less on a river the size of the Ohio or the upper Mississippi.

Kelley: Wickets are basically panels that stand up in the river that can be raised one at a time. So it creates a dam that can be dropped down onto the riverbed when the water is high, or raised to hold back the river when it starts to run low. But the problem is you have to pull these panels off the bottom of the river one at a time, by hand. It is tremendously labor intensive.

There actually are still two wicket dams on the Illinois River, in Peoria and La Grange. They’re much smaller, but the Illinois River still has a lot of traffic. That technology came from France in the mid-1800s. It was implemented in many dams in the United States, especially on the Ohio River and its tributaries in the late-1800s. I don’t know what it says about the state of our infrastructure that it’s still operating.

Douglas: What about flooding in the U.S. and levees to control the river?

Kelley: One of the really interesting things I learned when I was researching flooding, is that to keep a lot of people dry, somebody has to get wet. You either build a reservoir where you flood out somebody’s land, or you create a spillway or a floodway, which is an area that you deliberately divert water onto when the river rises really high. I think this idea of the greater good is really important, and worth reimagining and revisiting. Because you always sort of end up with winners and losers.

You can build really tall levees, but that’s going to raise the height of the river. And that’s going to transfer that risk to someone downstream. If you have a high levee here and someone else has a low levee downstream, they’re going to get flooded more because your levy is higher. So it creates this really interesting set of interrelated relationships that can be managed really poorly if there isn’t a lead agency that can see beyond parochial concerns or concerns of individual landowners, maybe even cities, counties, and sometimes even states.

Douglas: Where do you see things going in the next 20, 30, 50 years?

Kelley: The word I keep coming back to is “reimagine” because I think the levees and the lock and dams reflect a set of assumptions about the climate and a set of social and economic assumptions that I’m not sure are valid anymore. I think the talk of crumbling infrastructure, which we’ve been hearing for at least four years now, sort of implies we should just rebuild everything just like it was. And I think that would be a mistake, because most of what we have on the ground now is 50 years old or older.

I think the economy has changed and the climate has changed, the things we value have changed. And so, for instance, I think there are some river systems where they should probably have all 1,200-foot chambers, because they’re important to the economy, and they should be able to operate efficiently. And yet there are other river systems that have virtually no traffic and the lock and dams are operated just for pleasure boats. Is it in the federal interest to spend a lot of money maintaining these locks and dams when you’d have tremendous environmental benefits, if you took the locks down? There’s really no process for the Army Corps of Engineers to efficiently evaluate whether a structure is still serving its authorized purpose. Some of these authorizations are 100 years old. I think there could be a much smarter and more forward-looking system. You say, “Okay, this was designed to last 50 years,” which most things are. At the end of 50 years, let’s look at it, and ask “Is it falling apart? Does it need to be rebuilt? Is it still doing what we said it was going to do? Is it still delivering the benefits that we said it was going to deliver in respect to the costs?” If not, you could take it down, or make it better. That method of reevaluating, reimagining isn’t taking place. That’s what I would hope would come out of these infrastructure talks that are going on right now in Congress, that sort of approach to the waterways.

Holding Back the River: The Struggle Against Nature on America’s Waterways was recently published by Simon & Schuster.

This story is part of a series of interviews with authors from, or writing about, Appalachia.

More Than 180 Years Later, 'Eelway' To Help American Eel Return Further Upstream

At the end of Vineyard Road in Falling Waters, West Virginia, there is an old, stone and brick structure on the Potomac River. This small, historic building is a hydroelectric power plant owned by Cube Hydro Partners based in Maryland. Beside the structure is ‘Dam #5.’

The dam, owned by the National Park Service, stretches the width of the river – from the West Virginia side to the Maryland side. It is 20 feet tall and was originally built in the 1830s.

While the dam provides electricity, it has also had an unintended consequence.  

“Almost 85 percent of the American eel’s upstream habitat has been lost due to dams,” David Sutherland, coastal program biologist with the U.S. Fish & Wildlife Service, said. “So, there’s basically been a coastwide decline in American eel populations.”

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
Dam #5 at Falling Waters, W.Va.

This decline in American eel is why Sutherland and other officials started an initiative 15 years ago called the American Eel Restoration Project. The project works to install things called “eelways” – like byways, but for eels.

An eelway is almost operational at Dam #5. It is an aluminum ramp that is 65 feet long, and it has been secured to the side of the power plant. The ramp will have water running through it, and eels will be able to climb it. Once they reach the top, they will slide down a PVC pipe into a 250-gallon water tank.

“We’ll either be able to monitor them; they’ll be captured in a mesh bag, or if the mesh bag isn’t in there, they’ll be able to migrate right through the tank and upstream through a pipe and then back to the river,” Sutherland said.

The eels are unharmed when caught, and they are always released, Sutherland said.

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
The eelway will empty into this 250-gallon water tank. A pipe will connect the eelway to the tank, and then another pipe will connect the tank to the river.

 

The American eel lives most of its life in freshwater, and then migrates back into saltwater to lay their eggs. By the time the eels reach Dam #5 in Falling Waters, they’ve journeyed for 4 to 7 years from the Sargasso Sea, which is located in the Atlantic Ocean.

In the Potomac River, they will grow and mature. Sutherland said the further upstream eel can travel, the safer they are.

“Historically, 25 to 50 percent of the biomass in these headwater streams, upstream of Dam #5 here, used to be American eels. They’re primarily female eels; they metamorphose by the time they get up this far. They’re maturing, becoming silver eels and they’re ready to be out migrating with upwards of 9 million eggs.”

But without access to these headwater streams, these eels have been more susceptible to predators like flathead catfish, walleye, or blue catfish.

That’s why an eelway is important for their survival, especially if a historic dam like Dam #5 is unlikely to be removed.

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
The top of the 65-foot-long eelway at Dam #5.

 

The American eel does more for our water than we might realize. American eel help to transport larvae of the freshwater mussel, which help to clean water.

A single mussel can filter 10-15 gallons of water every day, according to the U.S. Fish & Wildlife Service. But baby mussels can’t travel far without hitching a ride on a fish’s gills, and the American eel offers an appealing one.

“American eels are critical for the ecosystem services they provide, especially with their relationship to freshwater mussels,” Tanner Haid, Eastern Panhandle Field Coordinator for the West Virginia Rivers Coalition, said.

Haid points out that West Virginia is a headwater state, meaning the water here flows out to many other people in states around us.

He said it’s for this reason that opening more travel ways for American eel and by extension, freshwater mussels, is vital to keeping our water clean.

“No matter where you are in our state, our water is connected to tens of millions of people. So, we have to acknowledge that role and do everything we can to protect that water at the source, and do these sort of habitat restoration projects to protect critical species,” Haid said.

Credit Liz McCormick / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
The eelway is secured to the side of Cube Hydro’s power plant.

Once complete,the eelway at Dam #5 is expected to have cost about $150,000. That covers designing, construction, and installation. Sutherland said it will be the first year-round eelway in West Virginia. 

5,000 to 10,000 eels are expected to migrate through it a year.

Dam #5’s eelway will also effectively open about 8,000 more river miles to the American Eel, according to Sutherland.

The eelway is expected to be operational by early spring 2020.

**Editor’s Note: This story was edited on Dec. 6, 2019 to correct the amount of water filtered daily by freshwater mussels.

These Guys Tow Coal Barges, Hear Them Discuss Jobs, the Environment, Pollution

Editor’s Note: We are sorry to report that Charlie Jones has passed away since this story first aired.
A decline in coal production over the past decade affected more than just coal miners. It also impacted the riverboat industry. Amherst Madison is a riverboat company based outside Charleston, West Virginia. For decades, the company has made most of their money towing coal barges. But a downturn in coal meant the company had to look for other ways to stay afloat. 

West Virginia Public Broadcasting spent some time with these folks inside the river industry, and we asked them what the future of the industry looks like.

Aboard the Dreama G. Woods, Captain Marvin L. Wooten tows five barges of coal along the river (a load of more than 8,000 tons). 

Credit Eric Douglas/ WVPB
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Captain Marvin Wooten pushes five loads of coal along the Kanawha River. He has worked for Amherst Madison since 1979.

He started working for Amherst Madison in 1979. “I got two job offers the same day, and I took this job. My dad always said the river will always be there. So that’s what I’ve chosen to make my living at.” 

A captain earns about $500-$600 a day, usually more than $100,000 a year. “I’ve made a good living,” Wooten said. 

Credit Eric Douglas/ WVPB
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Deckhands working on a coal barge as the tow boat goes through the Marmet locks and dam.

But it’s not just the money that keeps Wooten working here after forty years. It’s also the comradery he feels for his crew, and the rest of the men who work with him along this river.

“I want to go where somebody knows me by name,” Wooten said. “They call it a mom and a pop place. And that’s about what this is like.”  

He shows an article in a magazine, featuring his boss Charlie Jones. “Good river man. Treats his people with respect.”

Credit Eric Douglas/ WVPB
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WVPB
Charlie Jones, chairman of Amherst Madison.

Back on dry land, Mr. Jones can be found in his office, managing the company’s finances. This company has been in his family for over a hundred years. At 101 years old, he still comes to work each day.

"I think you just got to be practical. You can't keep loading a planet up with people. Unless you do something with the toxicity they produce."- Charlie Jones

He said he has faith that his riverboat company will survive, but he warned that they need to diversify. They won’t always be able to survive by transporting coal. 

“If you look at all the companies that have tried to survive by doing the same thing, they haven’t been able to make it,” Jones said.

Already, his company has taken on more jobs shipping rocks, chemicals, and doing construction work along rivers and ports throughout the east coast. They have jobs in Nashville, and in Cairo, Illinois. They’ve diversified, Jones said, largely because his company had to downsize a few years ago, when the coal industry took a big hit. He blames the Obama administration for that. 

“President Obama started this crusade shutting down coal mines,” Jones said, referring to environmental regulations that put restrictions on the emissions from coal fired power plants.

But despite his feelings toward those restrictions ruled by the Obama administration, Jones said he believes we have to clean up our air. He doesn’t call himself an environmentalist, but a pragmatist. 

Credit Eric Douglas/ WVPB
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Five barges full of coal being transported along the Kanawha River in Marmet, W.Va.

“Are we concerned about the quality of our air? Well let’s do something about it. We’re not doing anything about it right now. I’d say there’s a big challenge ahead of us.”

Jones said he thinks the planet has a limit, and points out that in his lifetime, the population across the globe has exploded. 

“I think you just got to be practical. You can’t keep loading a planet up with people. Unless you do something with the toxicity they produce,” Jones said.

And he said this includes trying to reduce emissions from boats — or possibly even changing the type of fuel they use to power their fleet. They currently use diesel. 

But Jones said Amherst Madison is looking to try to adapt to a renewable source of fuel — one day. 

In Europe and China, some countries are exploring intermodal transportation — a combination of rail, boat and truck transportation to ship goods long distance, as a way to be more sustainable. Here in the United States, however, water transportation isn’t often discussed. 

Credit Eric Douglas/ WVPB
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Charlie Jones being interviewed by Roxy Todd.

Jones said he feels like most people ignore the river shipping industry, when they talk about infrastructure, or transportation. “And very few people know anything about it. Particularly the politicians.”

Infrastructure along the waterways is managed through the U.S. Army Corps of Engineers. They maintain all the locks and dams, and their latest budget includes an increase in funding from the federal government to improve infrastructure along waterways, a total of more than $4 billion. That budget has been increasing every year since President Donald Trump took office. 

There’s also been a major change in how Jones manages the finances of Amherst Madison. A few years ago, when his son Nelson, who was going to take over the family business, died from cancer, Jones decided to turn over the ownership of the company to his 300 employees. As of this year, his employees all share in the fate of the company — and in the profits. 

Credit Eric Douglas/ WVPB
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A tow boat owned and operated by Amherst Madison.

Back on the Dreama G. Woods towboat, Captain Marvin Wooten said he’s cautiously optimistic about this new redistribution of the company’s profits.

“I’m 60 years old. I probably won’t see much reward from it.” But he has a son who works for the company. “He’s 19 years old. If he sticks around till he’s 40 years old, he’ll reap the rewards of it. I think it’s a good thing. If everything goes the way they’re hoping it will.”

Like Charlie Jones, Wooten said he’s not interested in retiring anytime soon. He said he would miss the crew, the people he works with. He would also miss the views. 

Credit Eric Douglas/ WVPB
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This story is part of an episode of Inside Appalachia about the ways people interact with rivers. 

21 Organizations Get Water Quality Grants

The West Virginia Department of Environmental Protection says 21 organizations around the state are receiving grants to help protect the quality of the state’s rivers and streams.

A statement from the agency says $98,360 was divided among the organizations as part of the West Virginia Stream Partners Program, which is also supported by the Division of Natural Resources, the Conservation Agency and the West Virginia Division of Forestry.

The program was established by the Legislature to encourage groups to work with state agencies to keep waterways safe for swimming, fishing and other recreation and to keep an appropriate habitat for plant and animal life.

Awards for individual organizations ranged from $2,200 to $5,000.

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