JOHN COFFELTEditor

A group of concerned citizens have expressed criticism at the state at a public hearing held May 6 which is part of a Tennessee Department of Environment and Conservation approval process for an Aquatic Resource Alteration Permit (ARAP).

Members of the public and The Old Stone Fort Bridge Preservation Group criticized the state for being inattentive to their concerns about the project that will relocated a 1908 Truss bridge to an overlook upstream and replace the structure with a concrete bridge.

During the meeting, commenters, at times emotional, criticized the state for not listening and responding to their concerns.

In a heated statement, Bridge Group President Gary Kivinemi said at the meeting that the people feel locked behind a fence and that no person in the agency communicated with him or any of the officers of the bridge.

“You’re going to convince us you’re doing the right thing by saying you have the ‘legal right,’ ” Kivinemi said at the podium, throwing a across the room a large poster that was printed with caricatures of TDEC officials.

The situation is one that the Bridge Preservation group called the fox watching the hen house.

A division of TDEC, the state parks, has requested TDOT to replace the bridge. As part of that process, TDOT must apply for a ARAP permit that is written by the Water Resources Division of TDEC.

“It’s a terrible way to do business in the eyes of the public,” said Bridge Kivinemi told the Times after the meeting.

An ARAP is a required for any project that makes an alteration to a stream, river, lake or wetland must first obtain a water quality permit. Physical alterations to properties of waters of the state require an ARAP or a §401 Water Quality Certification (§401 certification).

Going into the meeting, much of the discussion from the bridge group involved their opposition to the bridge replacement as a whole, the state, however took a narrower view of the scope of the hearing, limiting it to the impact the project will have on the affected areas that included temporary impact to 388.5 foot of the stream to be restored after the project. The project will have permanent impact on 80 foot of the stream.

The ARAP was applied for by the Tennessee Department of Transportation. Approval will come from the TDEC Division of Water Resources.

TDEC’s permit writer Dr. Claire Wainwright said that the project, with the stipulated protection, will only have minimal impact on the river.

“The division has made a preliminary determination that the proposed activities will result in no more than a de minimis degradation of exceptional Tennessee waters without mitigation and will not result in an appreciable permanent loss of resource value,” Wainwright said.

She said that she and a representative from TDOT walked the site. Tennessee Wildlife Resource Agency has required a moratorium on instream construction between April 1 and June 15.

“Every day before construction (TDOT) will be required to do a fish sweep in the construction area,” she said.

The portion of the river, Wainwright explained, is impounded by two dams.

“We are not talking about a freely flowing segment of the Duck River,” she said. “The contours of the banks – that is data that TDOT has. They’ve done surveys to see what species need to be replanted where.”

Bridge Preservation Group member Donna Toney asked Wainwright if the agency knows about a near-threatened loggerhead shrike bird species that was said to have been spotted in the vicinity in April. The Bridge Group’s principal monetary donor Sarah Bradley asked about bat studies in the area.

Wainwright noted that the permit is related to aquatic environments.

“The types of listed species that fall under the jurisdiction of the ARAP program are aquatic species. As far as that being habitat for that species in the project area, that is an assessment that (the Division of Natural Areas) could probably make,” Wainwright said.

“We would be interested in hearing about that…with the caveat that this permit is solely concerned with aquatic and semi-aquatic species,” she said.

Bradley said that bats are known to live in the project area.

“I have submitted public record requests on numerous occasions for documentation of any research into bats in this area,” she said. “None has been provided.”

Bradley then accused the department of not providing requested documents and called the division unwilling or unable to provide documentation or to inform her of who the custodian is.

She called the environmental management by the division of the Upper Duck River lax.

“How’s our river doing? We want to know,” Bradley asked.

Wainwright said the Duck River was the most studied watersheds in Tennessee.

“We know more about it than any other in Tennessee,” she said.

An ARAP application will first be reviewed for completeness. When the proposed activity qualifies for coverage under a general permit, the work can be authorized by letter (Notice of Coverage) upon review and acceptance of the plans. This normally takes three to four weeks.

According to the state, a hearing must be held if anyone requests one. After public review and final supervisory review, a permit is issued or denied.

John has been with the Manchester Times since May 2011. John has won Tennessee Press Association awards for Best News Photo and placed in numerous other categories. John is a 1994 graduate of Tullahoma High School, a graduate of Motlow State Community College and earned a Bachelor of Arts in English from Middle Tennessee State University. He lives in Tullahoma, enjoys painting, dancing and exploring the outdoors.