Rare Conservation Win In Congress Helps Ohio Valley Parks And Monuments

The Ohio River Islands National Wildlife Refuge’s namesake is apparent upon stepping outside its visitors center in Williamstown, West Virginia. Gazing past bird feeders and the forested bank of the Ohio River, a skinny island looms large.

“So Buckley Island is right across the water from us,” says Michael Schramm, visitor services manager at the refuge.

Buckley Island is one of about 40 river islands spanning hundreds of miles of the Ohio River. The islands were formed by rock and gravel deposited during the Ice Age, and they serve as important habitat for wildlife on the Ohio River, including migrating birds. Over the years, as the river channel has deepened, some of the islands have eroded away. Today, the refuge manages 22.

“Part of the concept of the refuge and why it’s so widely scattered along the Ohio River is that it’s sort of like a little Noah’s Ark that the wildlife can use as they migrate,” Schramm says.

Credit Brittany Patterson / Ohio Valley ReSource
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Ohio Valley ReSource
Buckley Island is one of 22 islands managed by the Ohio River Islands National Wildlife Refuge.

The islands have a unique history. Some were used for farming, oil was drilled on others. Schramm spots a rafter of wild turkeys near an abandoned barn on Buckley Island, about a quarter mile from the visitors center. A century ago, it was home to an amusement park.

Since the refuge’s founding almost three decades ago, the U.S. Fish and Wildlife Service has acquired these river islands, the bulk of which are in West Virginia.  A handful fall in Kentucky and Pennsylvania. Largely, the agency has used millions of dollars from the Land and Water Conservation Fund.

The LWCF, as it’s often called, was created by Congress more than 50 years ago as a way to protect the country’s natural areas and ensure Americans have access to them. It’s funded with revenues from royalties on offshore oil and gas drilling.

Across the Ohio Valley, more than $700 million from the LWCF has been invested at federal, state, and local parks, forests and wilderness areas and to increase recreation access.

Credit Alexandra Kanik / Ohio Valley ReSource
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Ohio Valley ReSource

“We like to say the Land and Water Conservation Fund is the most important conservation program that nobody knows about,” said Matt Keller, senior director at the conservation group, The Wilderness Society. “It’s a program that had pretty positive and dramatic impacts all over the country, including West Virginia, and Ohio and Kentucky.”

Despite its popularity, the program hasn’t always been functional. Congress must both authorize the program and fund it, and previous authorization for the LWCF expired on September 30, 2018.

Keller said in today’s divided political atmosphere, passing bills in Congress even with broad bipartisan support can be a challenge, but in February both the House and Senate resoundingly passed S. 47, the Natural Resources Management Act.

In March, President Donald Trump signed it into law. 

“It’s a remarkable moment for conservation of public lands,” Keller said. “There haven’t been a whole lot of victories and positive things moving forward in the past couple years, but this is a notable exception.”

Congress, he noted, still needs to provide funding for the program.

The public lands package has a wide reach. Not only did it reauthorize the LWCF, the bill folded in measures that increase access to public lands for hunters and anglers, and designate more than 1 million new acres of wilderness. The legislation also renews for seven years the Every Kid Outdoors program, which gives all fourth graders and their families free access to U.S. National Parks.

More than 100 smaller bills were also added into the final version. Most authorize regionally-specific projects, including in the Ohio Valley.

Battlefield Victory

Credit Courtesy Mill Springs Visitor Center and Museum
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Historic reenactment events draw visitors to Mill Springs Battlefield.

For years, Mill Springs Battlefield, located near Nancy, Kentucky, was ranked one of the most endangered battlefields in the country. Under the new bill, it’s now a national monument. It will receive funding and support from the National Park Service.

“It’s a big deal for us, something we’ve been working on for about 15 years,” said Bruce Burkett, president of the Mill Springs Battlefield Association.

The non-profit has since 1992 purchased and preserved more than 400 acres of land associated with the 1892 Battle of Mill Springs, the first major Union victory in the Civil War’s western theater.

Burkett said the national monument designation will raise the profile of the battlefield and draw more visitors in to learn about the role Kentucky played in the Civil War.

“Kentucky, for the most part, you know, is truly the brother against brother in this county,” he said, adding that the inclusion of Mill Springs Battlefield as a national monument is an important step. “I think it does help further the understanding the American Civil War.”

A second Kentucky Civil War battle site, Camp Nelson, which was one of the largest training depots for African-American soldiers, was also designated in the bill. 

Forest Heritage

Credit WV Tourism / Courtesy of AFHA
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Courtesy of AFHA
Seneca Rocks is part of the Appalachian Forest National Heritage Area.

A few hundred miles away, the Appalachian Forest Heritage Area is also getting a new name, adding “national” to its title after years of being stalled by Congress.

“We’re just incredibly excited about this. We’ve been working on this for so long,” said Phyllis Baxter, executive director of the nonprofit that manages the diverse, 18-county swath of forest highlands in West Virginia and western Maryland.

She said the official National Heritage Area designation increases the resources available to promote the area.

“This will get us branding on the National Park Service website,” Baxter said. “We can do a Passport program. There’s a lot of things that we could do, that will have access to now that we didn’t have access to before.”

Baxter said one hope is that national visibility boosts tourism in some of the rural communities in the heritage area, providing a sustainable source of economic diversification.

“Whatever we can do to help those small towns find ways to diversify their economy and whether that’s, you know, tourism or other small business or whatever works in each place we want to support that,” she said. “And we hope that this will help.”

Economic Boost

The Natural Resources Management Act also includes language that increases funding for all National Heritage Areas, and specifically expands the funding cap for the Wheeling National Heritage Area, from $13 million to $15 million. WNHA was established in 2000 and encompasses a 12-square-mile region throughout Wheeling, located in West Virginia’s northern panhandle.

A 2017 economic impact analysis found from 2014-2016, WHNA  generated $86.6 million in economic impact largely from tourism. The heritage area also supported 1,109 jobs and generated $6.4 million in tax revenue.

Supporters of the LWCF also point to billions of dollars in economic benefits associated with outdoor recreation.

Angie Rosser, executive director of the West Virginia Rivers Coalition, said the program benefits communities at all levels and has played an important role in expanding the state’s whitewater rafting industry.

“When we think of river access, I mean LWCF immediately comes to mind in the ways that it’s benefited rivers like the Gauley, which of course attract tens of thousands of people from all over the world to experience our world-class, whitewater rapids,” Rosser said.

Every public access site on the Gauley River was made possible using funds from the LWCF.

“Whether it be a town swimming pool, or state park or national forest or driving by Seneca Rocks, almost everyone has been touched in some way by the support of the Land and Water Conservation Fund,” she said. “It’s made those places what they are today and accessible for us all to enjoy.”

Rover Pipeline Fined For Water Pollution Violations

State regulators are fining the operators of the natural gas Rover Pipeline more than $430,000 for water pollution violations.

The state Department of Environmental Protection announced Tuesday that Rover Pipeline LLC, which is owned by Energy Transfer Partners, violated its permit and state laws on multiple occasions.

 

 

 

The 713-mile pipeline is 99 percent completed, according to the company. Ultimately, the pipeline will be used to transport more than three billion cubic feet of natural gas daily from processing plants in West Virginia, Ohio and Pennsylvania.

 

DEP says inspections by the agency over the course of a year beginning in April 2017 revealed pipeline operators failed to maintain erosion controls, improperly installed silt fences and other perimeter controls. The company also abandoned trash and debris during construction of the pipeline.

In total, the company received 18 violation notices and two cease-and-desist orders from DEP, according to the consent decree made public this week.

 

Angie Rosser, executive director of West Virginia Rivers Coalition, said many of the things the Rover Pipeline was cited for were repeated violations.

“It’s just like the message wasn’t getting across,” she asid. “I’m glad to see the DEP out there frequently and scrutinizing this closely, but it’s frustrating and insulting, I think, that this company just kept causing problems.”
 

As a result of the violations, many streams were flooded with dirt and debris. According to the consent decree, the company has agreed to immediately take measures to comply. The public comment period on the agreement is open until July 13.

Environmentalists Urge Justice to Limit Budget Session

Environmentalists are urging Gov. Jim Justice to limit the special legislative session starting Thursday to budget issues and not recently passed but…

Environmentalists are urging Gov. Jim Justice to limit the special legislative session starting Thursday to budget issues and not recently passed but conflicting legislation that would raise pollution limits.

The West Virginia Rivers Coalition and 13 other organizations say the conflicting language indicates the lack of careful scrutiny by lawmakers and that the industry-backed bills passed despite strong public opposition.

Both have been signed by Justice.

One would let industrial plants discharge cancer-causing and other chemicals based on the average flow in a waterway instead of its low flow, allowing larger discharges from individual sites.

The other would change measurements of stream health affected by mining, relying primarily on fish populations instead of insects. It would also amend the same section of law as the first bill.

Environmentalists Sue for Cleanup at Bankrupt Mine Sites

Environmental groups are taking legal action to require the West Virginia Department of Environmental Protection to treat water pollution at bankrupt coal mines in Barbour, Nicholas and Preston counties.

News outlets report that West Virginia Highlands Conservancy, West Virginia Rivers Coalition and the West Virginia Chapter of the Sierra Club filed two lawsuits in two federal courts on April 20. The plaintiffs accuse West Virginia of violating the Clean Water Act by allowing excessive amounts of pollutants to discharge from the abandoned coal mine sites.

Calling for more funding for water treatment, the lawsuits say seven former mine sites in the state are discharging excessive pollutants into various creeks and streams.

WVDEP spokeswoman Kelley Gillenwater declined to comment on the lawsuits.

Forum Invites Citizens to Learn How to Protect Water

The West Virginia Rivers Coalition and 21 other partners will host a free public forum Saturday. The goal is to help the public find out how to get…

The West Virginia Rivers Coalition and 21 other partners will host a free public forum Saturday. The goal is to help the public find out how to get involved in protecting the drinking water. 

The event coincides with the second anniversary of the Freedom Industries’ chemical leak in the Elk River. Those involved in the forum will discuss how to help shape source water protection plans that water utilities are required to submit to the state. 

As part of the forum agencies will present exhibits, educational materials will be provided and West Virginia American Water will provide an update on the development of it’s water protection plan. 

In 2014 the legislature passed Senate Bill 373 that requires most public water systems across the state to submit a source water protection plan by July 1, 2016. The law requires water utilities to involve the public in crafting the plans. 

The forum Saturday is the first of four regional forums WV Rivers Coalition is hosting around the state. 

West Virginia Rivers Coalition Receives $80,000 Grant

A Virginia foundation has awarded an $80,000 grant to the West Virginia Rivers Coalition.

The coalition says the two-year grant from the Virginia Environmental Endowment will support its efforts to promote responsible water policies.

The funding will be used to provide science-based analysis of proposed policies affecting water quality statewide. Other projects include a campaign to establish a Birthplace of Rivers National Monument in the southern Monongahela National Forest.

The coalition announced the grant Monday in a news release.

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