Alabama's Public Liberal Arts University

Swamp News

Tuesday, October 25th, 2005

Fish and Wildlife Service Voices Concerns

    The US Fish and Wildlife Service (USFWS) has issued a letter to the Alabama Department of Environmental Management (ADEM) regarding a wastewater discharging permit written by Middle Tennessee Land Development in their effort to quarry limestone near University of Montevallo's Ebenezer Swamp Ecological Preserve.

    In the letter dated October 20, Larry E. Goldman, Field Supervisor for the Service's Daphne Ecological Services Field Office in Daphne, Alabama, refers to the university's Preserve as "an extremely valuable asset," adding that "its protection should be a priority consideration."

    Goldman cites the presence of Federally listed endangered Tennessee yellow-eyed grass (Xyris tennesseensis) in and around the Preserve. He states that a review of National Wetland Inventory (NWI) maps show that the herb may also be present within the proposed quarry site.

    The office is also concerned that roosting areas for the Federally threatened Bald eagle (Haliaeetus leucocephalus), as well as the endangered gray bat (Myotis grisescens) and endangered Indiana bat (Myotis sodalis), may be disrupted by quarry operations, according to the letter.

    Mr. Goldman also makes note of citizen reaction to the proposed quarry in regards to "its potential to affect water quality, water quantity, groundwater, and habitat quality downstream of, and in the vicinity of, the quarry." Speaking for his office, Goldman states, "we share many of the same concerns."

250 Turn Out for ADEM Meeting

    Hundreds of area residents joined dozens of public officials, University of Montevallo representatives and others for a meeting with officials from Alabama Department of Environmental Management (ADEM). Department employees estimated the crowd at 250.

    After plenary remarks from the agency, Robert Dow spoke on behalf of Middle Tennessee Land Development and his proposal. He pointed to his past projects, which he says have totaled $40 million in improvements on Shelby County lands. Dow asserts that the quarry would help protect the many jobs associated with lime plants already operating in the area.

    David Frings, mayor of the city of Alabaster and a trained geologist, detailed a number of concerns about the permit application itself. He also cited air quality and the loss of area jobs as concerns. Frings urged the Department to conduct further study into Dow's claim that groundwater flow would not be affected by quarrying operations.

    ADEM officials circulated an information sheet outlining their role in the permitting process. The agency told citizens that they could not consider issues such as noise from blasting, increased truck traffic, property values and proximity to schools as part of their decision to issue permits.

    The Department also indicated that there were at least two other governmental agencies which would regulate the facility including the Alabama Department of Industrial Relations (ADIR) and the Shelby County Commission. ADEM also listed other agencies that may have some involvement relative to the proposed quarry: Alabama Department of Economic and Community Affairs - Office of Water Resources (ADECA-OWR), Alabama Department of Conservation and Natural Resources (ADCNR), US Fish and Wildlife Service and the Mobile District US Army Corps of Engineers.

    Those who spoke against the quarry included State Sen. Hank Erwin, State Rep. Mike Hill on behalf of himself and State Rep. Cam Ward, Montevallo Mayor Sharon Anderson, Alabaster Mayor David Frings, Alabaster council members Bob Hicks and Mike Sherwood and Shelby County Commissioner Jon Parker.

    Also expressing concern was Bobby Phillips, a member of the Calera City Council and chairman of the city's Water and Sewer Board and Dr. Mike Hardig, a biologist at the University of Montevallo.

    Media accounts included television coverage from WBRC-TV 6 and these newspaper articles:

  • Daniels, Malcolm. "Would-Be Quarry's Neighbors Express Quality-of-Life Fears." Birmingham News 14 October 2005, Shelby ed.: 1A.
  • Guarino, Fred. "Residents Express Concerns: Hundreds Turn Out for Quarry Hearing." Shelby County Reporter 19 October 2005, 1A.

 

Monday, October 10th, 2005

Reminder: Public Meeting this Week

    The Alabama Department of Environmental Management (ADEM) will hold a public hearing on this Thursday, October 13, 2005, at 6:30 PM, at Thompson High School Auditorium, 100 Warrior Drive, Alabaster, Alabama, 35007.

    Join the City of Alabaster, City of Montevallo, City of Calera, Shelby County, and the University of Montevallo in opposing the proposed limestone quarry in our backyard.

 

Monday, September 19th, 2005

Friends Urge Participation in Upcoming Public Meeting

    The following bulletin recently appeared on the Alabama Department of Environmental Management (ADEM) website:

    The Middle Tennessee Land Development Company, LLC (MTLDC), Industrial Material Products quarry, 1431 Kensington Square Court, Murfreesboro, Tennessee 37130, has submitted air and water permit applications for the proposed crushed limestone mine, wet preparation, and associated areas to be located at 844 Smokey Road, east of State Highway 119, south of Alabaster, in Shelby County. Notice is also given that ADEM will hold a public hearing on Thursday, October 13, 2005, at 6:30 PM, at the Thompson High School Auditorium, 100 Warrior Drive, Alabaster, Alabama, 35007, concerning the applications for the water discharge and air permits.

    MTLDC has applied for issuance of a National Pollutant Discharge Elimination System (NPDES) Permit, proposed NPDES AL0077411, for proposed discharges of treated drainage from a crushed stone mine, wet preparation, and associated areas to an unnamed tributary to Spring Creek, classified for Fish & Wildlife in the Cahaba River basin. The Department has tentatively determined that the proposed actions described in this notice are consistent with the Water Quality Rules including the Department’s Anti-degradation Rules.

    MTLDC has also applied for an Air Permit, Facility No. 411-0059-X001, which would authorize the construction and operation of a limestone crushing and conveying operation. Emissions of particulates would be minimized by the use of wet suppression. The Department has also tentatively determined that the limitations proposed by the company would properly limit air emissions and would satisfy the requirements of the Department’s Air Pollution Control Rules.

    Copies of the draft permits, conditions, limitations and a fact sheet as applicable are available for public inspection electronically via http://www.adem.state.al.us/PublicNotice/PublicNotice.htm...

    Copies of the draft permits, conditions, limitations and a fact sheet as applicable are also available for public inspection Monday through Friday, except legal holidays, between 8:00 AM and 4:30 PM at the Alabaster City Hall in the City Clerk’s Office, 201 1st Street North, Alabaster, Alabama 35007.


Mr. Ronald W. Gore, Chief
Air Division
ADEM
1400 Coliseum Blvd.
[Mailing address: PO Box 301463; Zip 36130-1463]
Montgomery, Alabama 36110-2059
(334) 271-7700


    Persons wishing to comment may do so, in writing, to the Department's named contact above. In order to affect final decisions, comments must offer technically substantial information that is applicable to the proposed permit.

    The purpose of the public hearing will be for interested parties to make oral and written comments part of the official hearing record. Those wishing to make oral comments at the public hearing are also encouraged to submit those comments in writing.

    The Friends urge all concerned individuals to attend this meeting and to continue sending letters to elected officials about this matter. All comments sent directly to ADEM must be submitted to the Department by 5:00 PM on October 20, 2005.

 

Tuesday, September 6th, 2005

Hardig Finds Federally-Protected Plant Species on Ebenezer Wetland

    The City of Alabaster's Stop the Quarry website reports that Dr. Mike Hardig, professor of biology at University of Montevallo, has found a large population of Xyris tennesseensis (Tennessee Yellow-Eyed grass) along the western margin of the Ebenezer site. This rare herb is a federally-protected endangered plant species. Hardig made the discovery several weeks ago while mapping springs, streams and bogs in the area.

    Confirming Hardig's discovery was Al Schotz, a botanist and community ecologist with the Alabama Natural Heritage Program. While visiting the wetland, Schotz also found a second species, as yet unnamed, of Yellow-Eyed grass at the site. According to Hardig, "this second species was first discovered several years ago growing on the Bibb County Ketona Dolomite glades and is currently being described and named by another botanist."

    Schotz wrote about the importance of Hardig's discovery:

    "The Tennessee yellow-eyed grass (Xyris tennesseensis) is a globally imperiled herb restricted to approximately 19 known sites across northern Alabama and adjacent areas of Tennessee and Georgia. Because of its specialized habitat requirements, small number of known populations, and perceived threats to the species, the United States Fish and Wildlife Service found it necessary to protect the species under the Endangered Species Act.

    "The Tennessee yellow-eyed grass was officially listed as an endangered species on July 26, 1991. Dr. Robert Kral, formerly of Vanderbilt University, first brought the attention of the species to the scientific world in 1978, describing it as a new species based on taxonomic studies on the yellow-eyed grass family in the Southeast.

    "The most recent discovery near Montevallo, Shelby County, Alabama, by University of Montevallo Professor, Mike Hardig, represents a significant contribution toward the understanding of the state's flora and an opportunity toward safeguarding a component of Alabama's natural heritage.

 

Wednesday, August 24th, 2005

ADEM: Quarry Meets Guidelines; Friends Urge Immediate Action

    Today’s Birmingham News reports that the Alabama Department of Environmental Management (ADEM) has decided that Middle Tennessee Land Development’s quarry operations, as described in the application process for permits, meet requirements outlined under the federal Clean Air and Clean Water Acts. The next step in this process is a public comment period, during which we will be trying to recruit more persons in the hopes of sending as many letters as possible to elected officials and administrators. Public comments will be accepted by ADEM until about October 6th.

    We ask anyone who is concerned about the swamp to direct their friends and neighbors to our website at http://www.montevallo.edu/swamp. The Friends of Ebenezer Swamp website provides a number of resources including news updates about the quarry application, a list of newspaper articles written about the swamp, and graphics provided by Dr. Mike Hardig about how quarry operations would put this precious natural resource at risk.

    This is the most critical time to save the swamp. We urge area residents and all in the UM community to join our efforts.

 

Friday, July 29th, 2005

Hardig Op/Ed Argues Ebenezer Swamp Threatened

    This piece appeared in the Birmingham News opinion series "My Turn" on July 10th.

    Ebenezer Swamp sits in the southern Cahaba Valley at the head of Spring Creek; it's a quintessential upland hardwood swamp, forested with swamp gums and home to all manner of finned, furred, feathered and scaled animals. Orchids bloom in the dappled light beneath the tree canopy, and beavers gorge on the succulent stem bases of plentiful golden club. Red-banded hawks circle overhead in search of prey, and piles of freshwater mussel shells at the base of moss-covered swamp gums are telltale evidence of well-fed raccoons.

    Unfortunately, the continued integrity, stability and beauty of this little Eden are sorely threatened.

    Water sustains Ebenezer Swamp; the swamp exists on a balance point between two sources: surface water and groundwater. Surface water flows intermittently into Ebenezer, following rains, while groundwater continuously seeps up through the soils along the stream margins and flows into the swamp from countless springs along its course.

    Soil saturated by the shallow groundwater level creates the perfect swamp environment, giving wetland vegetation a place to root and grow, in turn providing habitat for the animals found there. The reason for the superabundance of groundwater is that the entire Cahaba Valley is underlain with fractured and chambered beds of limestone that create a natural aquifer filled, like a giant sponge, with water.

    Ebenezer Swamp has existed for thousands of years, but the likelihood of its continued survival has become very doubtful. The limestone beneath Ebenezer Swamp and the surrounding area has a purported commercial value of $400 million, and Middle Tennessee Land Development LLC has proposed to begin quarrying operations less than one mile upstream.

    A quarry operation will profoundly alter the local water balance. Because of the steady influx of groundwater, quarries must be continuously pumped dry. Dewatering operations withdraw groundwater from the underlying aquifer and divert it as surface flow. As a quarry grows ever larger, the amount of water that must be pumped out increases. Pulling groundwater out of the bottom of a quarry creates a large "cone of depression" in the surrounding water table, reaching well beyond the quarry's perimeter.

    The effects of quarry-associated de-watering can be seen in nearby Dry Valley. Dry Valley is southeast of the southern Cahaba Valley, about 4.5 miles from Ebenezer Swamp, and is home to extensive quarry operations. Currently, 40 million gallons of water a day are pumped out of the Dry Valley quarries. Due to the depressed water table, many wells in the vicinity of the Dry Valley quarries are now dry and the natural springs that used to feed lower Spring Creek, in the adjacent watershed, have gone dry.

    Quarry operations in the vicinity of Ebenezer Swamp will alter the local hydrologic balance. A lowered water table will cause existing springs to go dry and will narrow the saturation zone, causing the soils along the stream flanks to dry out, leading inevitably to a loss of habitat. Many species of plants and animals that inhabit Ebenezer Swamp will be extirpated.

    The beneficial aspects of the wetland (i.e., water purification, bank stabilization and storm runoff holding capacity) will be lost. Spring Creek and Ebenezer Swamp form a portion of the headwaters for the ecologically diverse and environmentally sensitive Cahaba River watershed. The Cahaba River is one of eight river biodiversity hot spots in the United States. Destruction of Ebenezer Swamp will further degrade the Cahaba river watershed.

    When it comes to human actions that affect land around us, the late Aldo Leopold, a forester, wildlife ecologist, conservationist, environmental philosopher and educator, once wrote that an action "is right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends to do otherwise."

    Given its effects on the local environment, a quarry operation in the southern Cahaba Valley is just wrong.

 

Wednesday, July 6th, 2005

Friends Group and Website Garner Attention of Local Media

    The Shelby edition of the Birmingham News has published a piece about the Friends of Ebenezer Swamp group and their new website, which is hosted by the University. The article, written by reporter Nancy Wilstach, also notes the efforts of the City of Alabaster in fighting the proposed quarry.

    The article cites data on the Friends' site from the Alabama Natural Heritage Program, which show that several animal species found in the swamp are critically imperiled, meaning that there are five or fewer known sites for those species in the state. Also listed are the threats the quarry poses to the swamp, which include water cycle changes that would dry up the swamp and increased downstream flooding.

    For a comprehensive listing of articles written about the proposed quarry, visit our Swamp Resources page.

 

Monday, June 27th, 2005

Friends Launch New Web Site

    Friends of Ebenezer Swamp today launch a new web site to educate the public about the threat to this unique natural resource. We encourage all readers to follow the links provided to learn more about swamp habitat and about how a proposed quarry would threaten Ebenezer Preserve and the surrounding area.

    The University of Montevallo’s Ebenezer Swamp Ecological Preserve is located on Spring Creek, approximately 6 miles northeast of the University. Ebenezer swamp consists of sixty acres of wooded wetlands and is home to numerous species of fungi, plants, and animals.

    According to an analysis by the Alabama Natural Heritage Program (ALNHP), a number of plant and animal species found in Ebenezer Swamp are extremely rare. Two animal species, the Cherokee clubtail and the Cockle elimia have been rated critically imperiled, meaning there are five or fewer known sites for these animals in the state. One plant specie, the Eared coneflower, also has critically imperiled status.

    The Friends of Ebenezer Swamp oppose nearby quarrying for a number of reasons, including the fact that such action could alter the water cycle in the swamp, causing it to dry up. The development could also lead to accelerated sinkhole development in the surrounding area. The quarry could also further threaten home values by increasing the amount of downstream flooding along Shoal Creek in Montevallo. Finally, the quarry could have an adverse affect on human health through the impairment of public and private drinking water supplies.

    For more information about why the Friends oppose the quarry development near Ebenezer Swamp, see our Why We Care page.

    Finally, please share our new web site with your friends and neighbors: http://www.montevallo.edu/swamp.

 

Thursday, June 23rd, 2005

City of Montevallo Passes Resolution Opposing Quarry

Today, Mayor Sharon Anderson and the City Council of Montevallo passed a resolution opposing the proposed quarry near Ebenezer Swamp. The text of the resolution follows:

Resolution Number 05S

Council Member C Introduced the Following Resolution

Council Member B Seconded the Resolution

A RESOLUTION OPPOSING A NEW QUARRY

Whereas, a proposal has been made to open and operate a new limestone quarry in Shelby County, North of the Montevallo City Limits; and

Whereas, the proposed limestone quarry lies in the area of the Spring Creek watershed basin that feeds waters into tributaries of the Cahaba River passing through the City of Montevallo, and

Whereas, contained within the Spring Creek watershed basin in close proximity to the proposed limestone quarry, is a unique and ecologically significant natural wetland area named Ebenezer Swamp; and

Whereas, the Newala limestone formation underlying the proposed quarry is not rare in Shelby County or other Counties within the State of Alabama as identified by geological maps; and

Whereas; areas of the Ebenezer Swamp are in the custodianship of the University of Montevallo for preservation and study of the flora and fauna for the benefit of future generations; and

Whereas, some species living within the Ebenezer Swamp are identified as rare with their preservation and study meriting funding by Federal monies; and

Whereas the City of Montevallo draws drinking water for its citizens from aquifers within the Spring Creek and adjoining Shoal Creek watershed basins; and

Whereas, the proposed quarry is located in close proximity to the geological formation named the Elliottsville Fault that runs Southwest under the City of Montevallo; and

Whereas, geological depressions identified as sinkholes can be tracked along geological fault lines; and

Whereas, lowering the water table in an area of underlying limestone bedrock has been identified by the Alabama Geological Survey as a contributing factor of surface collapse into sinkhole formations; and

Whereas, open pit mining activities in an area have been proven to lower historical groundwater levels as evidenced by the Dry Valley area on Alabama Highway 155; and

Whereas no long term independent studies exist of subsurface structures or aquifers within the linear and diffuse topography of the Southwestern area of Shelby County that could predict within a reasonable level of confidence the effects of open pit mining on said subsurface structures or aquifers; and

Whereas development of the proposed quarry would cause heavy truck traffic on already crowded two lane highways; now therefore

The Mayor is hereby directed to provide a copy of this Resolution to the Governor, the Department of Environmental Management, the Department of Fish and Wildlife, the Army Corp of Engineers, the Environmental Protection Agency, the Shelby County Department of Health, the Shelby County Commission, Congressman Spencer Bachus, Senator Richard Shelby, State Senator Hank Erwin, State Representative Mike Hill, and State Representative Jimmy Martin.

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MONTEVALLO, ALABAMA AS FOLLOWS:

1. That the City of Montevallo go on record as opposing the opening or operating of the proposed quarry in its watershed.

2. That the City Clerk be directed to post this resolution as required by law.

Approved and adopted this 23 June 2005

____________________
Sharon Anderson, Mayor

I certify that the attached Resolution 05S, opposing the proposed quarry near Ebenezer Swamp, adopted by the Montevallo City Council on 23 June 2005, was pursuant to 11-45-8(b) of the 1975 Alabama Code, on 24 June 2005 and for four weeks following, posted in the following conspicuous places within the community:

1. the mayor’s office, City Hall, 545 Main Street, Montevallo
2. the city shop, 445 Selma Road, Montevallo
3. the Park and Recreation Building, Orr Park, 420 Vine Street, Montevallo
4. the Parnell Memorial Library, 845 Valley Street, Montevallo

Accordingly to said 11-45-8(b) of the 1975 Alabama Code, Resolution 05S therefore became immediately effective,

__________________________
Carey W Thompson, City Clerk
 

Friends Home