By Jerry Morgan, Report

HAMILTON -- Around 75 crowded the Lee Conference Center in Hamilton on Wednesday afternoon, October 10, to learn about the status of state efforts to clean up the Leon River below Proctor Dam.

One of the more significant bits of information disclosed at the meeting seemed to indicate that the cities of Comanche, Dublin and Gustine will be under more intense scrutiny and guidelines in their wastewater plants, and perhaps in other areas as well.

Landowners, ranchers, dairymen and public officials joined a host of employees representing the Texas Commission on Environmental Quality (TCEQ), the Brazos River Authority (BRA) and the Texas State Soil and Water Conservation Board (TSSWCB) at the meeting. The gathering was officially billed as a Stakeholder Meeting for the Leon River Bacterial Total Maximum Daily Load (TMDL) Project.

Approximately 25 individuals, agencies and municipalities have been designated as stakeholders.

Stakeholders have a defined interest in the outcome of TCEQ's federally-mandated effort to lower bacterial contamination on a segment of the Leon River that runs between the Highway 67/377 bridge and Lake Belton below Gatesville. In that segment of the river, total bacterial contamination, as measured over a multi-year period of time and in varying weather conditions, has averaged higher than the federal Environmental Protection Agency's (EPA) allowable standards.

The TCEQ conducted a series of meetings in the past two years to inform the public about the problem and to form a stakeholders group that has been serving as their public sounding board in devising a river cleanup, or TMDL program. There has been a high level of interest in the TMDL effort, because once it is finally adopted by the TCEQ and approved by the EPA, its mandates have the force of law.

The meeting opened with a rapid-fire series of projected slides to give an overview of the TMDL process and progress to date. Unfortunately, both the slides and the narrative provided by Kerry Niemann, the TCEQ's TMDL Project Manager for the Leon River, was laced with scientific nomenclature and abbreviations, much of which was never explained nor readily apparent as to meaning. Your reporter will readily admit to a less than complete understanding of all ideas expressed, despite having attended several such meetings.

Niemann told how that the TCEQ was working to refine their means of tracking wildlife sources of bacterial contamination and also to obtain EPA approval for more types of water use classification that will give the agency greater flexibility in applying federal bacterial contamination standards.

Wildlife bacterial contamination currently accounts for more than 40% of the total current bacterial load in the river, but after the 25% planned reduction in total allowable bacterial load, will account for approximately 55% of the remaining total. Niemann noted that stakeholders will be accountable only for non-wildlife sources, and that is where the initial phases of the implementation must occur, as there is no planned reduction in wildlife sources.

Niemann's presentation then focused on the Dublin, Comanche and Gustine wastewater treatment facilities, and noted that each would be required to meet its permitted waste load allocation without any exceptions for overflow during heavy rain conditions.

Niemann also commented that four additional sub-segments of the Leon River watershed have been identified as failing to meet recreational use water standards. Resley Creek, the South Leon River, Indian Creek and Walnut Creek will likely have TMDL plans developed for them as well as for the Leon River segment. Of the four sub-segments, the Indian Creek watershed, which flows through Comanche, has the highest bacterial contamination.

The TCEQ's map of the Leon River TMDL project area also identified many CAFO's (concentrated animal feeding operations), most of which are the dairies operating in the area. Some, or all, of them are also likely to be affected by the TMDL cleanup plan.

Although not discussed at the meeting, it has been noted during previous TMDL meetings, and confirmed again in private conversation with Jay Bragg with the BRA, that the discharge water from Proctor Lake has never been found to have high levels of bacterial contamination. The lake discharge water is tested daily. Neither DeLeon nor Gorman nor other areas upstream of Proctor Lake are included in the Leon River TMDL project.

State Representative Sid Miller was present at the meeting, as he has been at most of the previous TMDL meetings, and expressed concerns that the TCEQ was taking the easy way out in solving the bacterial contamination problem. Miller insisted that the state agency develop more varied and lenient water use standards that can be applied to the Leon River.

Other county and city officials and industry representatives also strongly voiced their concerns over the TMDL process, the inflexible standards being applied, and the potential for restrictions being applied to landowners, agricultural interests and municipalities along the watershed.

Aaron Whitt with the TSSWCB reviewed a variety of studies that the state and federal government is sponsoring, some of which are being conducted along the Leon River watershed, that may provide additional scientific data that can be used in the TMDL implementation phase.

Jay Bragg with the BRA was introduced to the meeting. His agency will be involved in managing the implementation phase of the Leon River TMDL project.

One stakeholder questioned the TCEQ's rush to develop a TMDL implementation plan while important studies are being conducted, and suggested that the Leon River stakeholders did not need to be saddled with a cleanup plan based on incomplete or inaccurate data.

Kerry Niemann responded that a draft copy of the TMDL plan will be published soon, perhaps in December or January, and that there will then be a 30 day public comment period. After public concerns has been addressed the TMDL plan will be presented to the TCEQ Commissioners for adoption and then sent to the EPA for approval.

The stakeholders then discussed holding their own meeting after the draft TMDL report is released for public comment.

More information on the TMDL project is available  at: www.tceq.state.tx.us/implementation/water/tmdl/34-leonbacteria.html.

 

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