Nye knew he was living behind a power plant when he moved to the townhouse near Progress Energy's coal-fired plant two years ago.

But he didn't know about the coal ash pond about 100 yards beyond a fence separating Lake Julian Trails from the plant.

“They were there before we were, but if I had known it would be like this, I would definitely have not bought a place here,” Nye said. “It concerns me. I keep my windows closed now.”

Similar concerns by environmentalists and the government helped prompt proposals for tightening control over the potentially hazardous waste product from burning coal.

The U.S. Environmental Protection Agency will outline the proposals in a Sept. 14 public hearing in Charlotte — one of seven being held nationwide.

More than 5 million cubic yards of coal ash breached a dike at a Tennessee Valley Authority plant in 2008, spilling the waste into and around the Emory River.

That accident helped lead to what would be the first national regulations over coal ash, which contains such substances as arsenic, cadmium and mercury.

After it is captured by pollution controls, coal ash can be mixed with water and stored in coal ash ponds.

The agency is now trying to decide between two options for implementing the rules.

One phases out ash ponds and moves all coal ash to dry landfills, where it would be under federal enforcement rules for hazardous waste.

The other allows disposal of coal ash in ponds, but with stricter safety criteria.

This option would regulate ash ponds under rules for nonhazardous waste, relying on lawsuits by states and citizens for enforcement.

Neither would end coal ash's use in concrete, roofing and other applications, including as a structural fill for a 15-acre expansion at Asheville Regional Airport.

Regulating coal ash

The state now regulates coal ash ponds. Progress Energy has two at its Skyland site, one that was used from 1962-82 and an active pond with a capacity of 450 million gallons.

The utility supports allowing coal ash disposal in ponds under rules for nonhazardous waste, spokesman Scott Sutton said.

"You cannot know the river by simply sitting on the level banks," historian and author Wilma Dykeman wrote in her influential 1955 book, The French Broad.

In late June, Mountain Xpress joined the Western North Carolina Alliance for day six of its 11-day paddle down the French Broad. Organized by WNCA staffer and French Broad Riverkeeper Hartwell Carson, the trip offered the public a chance to get more intimate with the river while learning about the threats it faces

Something’s fishy: Riverkeepers Donna Lisenby (Upper Watauga) and Hartwell Carson (French Broad)

 collect fish tissue samples for lab analysis. photos by Michael Muller

"We asked the state [Wildlife Resources Commission] to help us with this testing," Lisenby explained. "But they refused, saying that they do not design a study to investigate a specific source of pollution. So we're doing this grass-roots style, with citizens participating and learning. If the environmental regulatory agencies don't do adequate oversight, it becomes incumbent on the people to get involved."

"We're like the first responders now," she continued. "We're doing what the state should be doing in monitoring the health of the river."

State records show high levels of mercury in game fish collected from the French Broad in recent years. In at least one case, the mercury level exceeded the Department of Health and Human Services’ limit for fish consumption. (At press time, an analysis of fish-tissue samples collected on this trip was not available because the lab, Pace Analytical in Green Bay, Wis., has been overwhelmed with tissue samples related to the Gulf oil disaster.)

Two coal-ash ponds contained by earthen dams hold the waste products generated by the coal-fired Progress Energy plant — a situation the riverkeepers say is alarmingly similar to the scene of the disastrous 2008 coal-ash spill in Kingston, Tenn. A Tennessee Valley Authority power plant there released 5.4 million cubic yards of coal-ash slurry before flowing into the adjacent Emory River (see “Coal Slurry for a Tennessee Christmas,” Dec. 23, 2008 Xpress). Most coal-ash ponds are situated near rivers, because these power plants typically use surface waters for cooling.

Issued by the U.S. Environmental Protection Agency, Progress Energy’s wastewater-discharge permit is overseen by the state Division of Water Quality. Scrubbers inside the stacks capture most of the coal ash and other pollutants — including toxic metals such as mercury, lead and arsenic — which eventually end up in the storage ponds. Water, used both for emissions control and for cooling operations, is treated in an artificial wetland where plants and micro-organisms provide a kind of biological cleaning service that helps trap heavy metals and other toxins. The treated wastewater goes over a spillway, through a 36-inch pipe that runs under Interstate 26, and into a small stream that feeds the French Broad.

Progress Energy's Scott Sutton notes that, since the scrubbers were installed in 2005 and 2006, the plant has achieved "dramatic improvement in its [air] emissions, including an 80 to 90 percent reduction in mercury." But those toxic materials have to go somewhere, and that somewhere is the open coal-ash ponds above the French Broad.

The EPA recently proposed regulating coal ash as hazardous waste; an alternate proposal would continue the current less stringent requirements, which consider the ash comparable to household trash. Meanwhile, Progress Energy's discharge permit is up for renewal in December, and even if new rules are approved, they probably won’t be in force by then. Sutton simply says the plant's storage dam "will meet the standard of the day," whatever it may be.

Key points: Aerial view of plant site and environs showing where samples were taken.

Lisenby, however, maintained that the very agencies charged with protecting the public aren’t doing their job. In the wake of the Kingston spill, she says she asked the state’s Aquifer Protection Section if the "coal signature" pollutants from North Carolina’s 13 coal-ash ponds — including one as big as Panther Stadium — were showing up in ground water at the so-called "compliance boundary" surrounding each ash pond. She was shocked to discover that "Aquifer Protection didn't even know where the compliance boundaries were" for a number of the plants it was supposed to be regulating.

But it doesn’t stop there: Many compliance boundaries, notes Lisenby, are actually in the river or even on the opposite bank. In other words, rather than being protected, the river effectively dilutes the evidence of its own contamination, she contends.

In view of the state-documented problems facing aquatic life in the French Broad, the WNC Alliance wanted to know more about the chemical profile of the wastewater. Accordingly, a small team collected water and sediment samples from two areas: the plant property line just east of I-26, and where the discharge stream meets the river.

Lab analysis of these samples yielded mixed results. Mercury, one of the most persistent toxins emitted by coal-fired plants, was not detected in either of the two water samples. But it was present at appreciable levels in sediment samples.

Similarly, lead wasn’t detected in the water samples but was present in the sediment from both areas, with concentrations as high as 42 ppm at the point nearest the plant. North Carolina has no standard for lead levels in sediment, but the Canadian province of Ontario considers lead levels above 31 ppm in river sediments sufficient to trigger potential legal action.

And though Progress Energy's current permit doesn’t regulate arsenic (a known toxin), levels in both water and sediment samples sharply exceeded the state limit for maintaining freshwater aquatic life, Carson reports. In the water leaving the plant property, arsenic was found at 181 parts per billion: 18 times our state’s standard for drinking water.

"As things currently stand," he notes, “Progress can discharge as much arsenic into the river as they like."

Bathers beware: These waters drain directly into the French Broad River.

Granted, treated effluent isn’t drinking water. And, as Sutton notes, the state can require the utility to monitor additional pollutants at any time. Plus, "It's hard to draw conclusions from one or two samples on one day," he argues. "That's why we do our sampling weekly, monthly, quarterly. We have specialists on staff at the plants to ensure that we're in compliance."

Still, the Alliance’s sampling data does highlight the potential negative consequences for aquatic life in the river.

"The French Broad is primarily a catch-and-release sport fishery," says Chris Manderson, who provides fishing reports for the French Broad in the online WNC Outdoor Activities Guide (http://ashevillenow.com). "I probably eat fish I catch in the French Broad once or twice a year," he reports, adding, "It's not something I worry about."

In chronicling the French Broad, Dykeman quoted a Cherokee saying: “We have set our names upon your waters and you cannot wash them out.” The same could be said about the heavy metals persisting in the French Broad, river advocates point out.

Susan Andrew can be reached at 251-1333 ext., 153, or at sandrew@mountainx.com .

When: January 20, February 7, 10, and 28, March 7

Where: Swannanoa River Watershed

Why: To monitor and cleanup sources of bacteria impairment in our local waterways.

Who: Anyone, no experience necessary, training will be provided the day of the sampling

Help the French Broad Riverkeeper continue to monitor bacteria in the Swannanoa River. Because the river is used so frequently for swimming and recreation in the warmer months, monitoring for bacteria in the winter helps to narrow down the sources bacteria impairment. Data will be collected from Asheville to Black Mountain in the first effort to hone in on any pollution hot spots. Click to learn more about bacteria monitoring.

RALEIGH — The U.S. Environmental Protection Agency unveiled two options to regulate coal ash waste from coal-fired power plants, amid concerns by environmental groups that one of the options would not be strong enough to protect North Carolina's waterways.

The announcement comes eight months after an independent analysis confirmed that all thirteen of the North Carolina's coal ash ponds adjacent to coal-fired power plants were leaking toxic pollutants into groundwater. Data research conducted by the Upper Watauga Riverkeeper revealed 681 instances where levels of heavy metals and other pollutants ranged from 1.1 to 380 times higher than North Carolina's groundwater standard. Violations including groundwater excendances from the Progress Energy Steam Plant in Buncombe County.

"The time has come for common-sense national protections to ensure the safe disposal of coal ash," said EPA Administrator Lisa Jackson. "We’re proposing strong steps to address the serious risk of groundwater contamination and threats to drinking water and we’re also putting in place stronger safeguards against structural failures of coal ash impoundments. The health and the environment of all communities must be protected."

The Subtitle C proposal would designate coal ash as a hazardous waste, while Subtitle D would regulate coal ash under a non-hazardous waste designation.

With a hazardous-waste designation, wet coal ash ponds—also known as surface impoundments—would be phased out, a process that would be monitored by the states and by the EPA. Dry ash storage units would require the installation of composite liners, with retrofits of all units due within five years after the rule is finalized.

Save the French Broad 2010 Journey Details
June 18-28, 2010

	Day 1: Rosman Romp - Mile 0-9 Cold beer and hot dogs will kick off the Save the French Broad Float 2010. We will meet at Headwater Outfitters in Rosman, NC to organize gear and discuss the coming fun. A flat 9-mile paddle through area farms will take us to a private campground for the night. This beginning stretch of river offers a secluded and pristine feeling.
	Day 2: Hap Simpson Scramble - Mile 9-21 The river continues to slowly meander as we paddle our way north to Brevard, home of the white squirrel and Brevard College. The river then continues through farmland, offering several views of rolling hills and mountains beyond the dense canopy of river birch and sycamore trees. The day will end at Hap Simpson River Front Park where you will have the option of accompanying the Riverkeeper to a Sweetwater event in Brevard or enjoying the view of the river and a quiet camp meal from this lovely park.
	Day 3: Davidson River Reel - Mile 21-30 Get your fishing rods ready because this day of paddling will pass by the Davidson River, a world famous trout fishery. The winding river and the dense rhododendrons along the banks are spectacular as we paddle and camp near the mouth of the Little River. There is, again, an option to attend a Sweetwater event in Hendersonville or to enjoy a quiet dinner and serene camping along the river.
	Day 4: Henderson County Hustle - Mile 30-38 Try to catch the elusive muskie fish as we make our way into Henderson County. After paddling the river's biggest horseshoe, we will pass by rock weirs built by the Cherokee Indians for fishing, and later reshaped by the Army Corps of Engineers to try to make the French Broad River navigable for large ships. The river begins to widen in this section, but the relaxing flat water continues as we keep an eye out for otters and beavers on the way to our beautiful camp spot in the bend of the river.

	Day 5: Mills River Catch - Mile 38-51 The canopy recedes somewhat, allowing paddlers to catch a glimpse of the majestic Appalachian Mountains as the river straightens and shoots us past Mud Creek and a well known trout fishery, the Mills River. The Mills River serves as the drinking water source for Henderson and Buncombe County residents. We will also take samples along the way to determine if there are any sources of bacteria pollution for future investigation. Another lovely night of camping awaits us along the banks of the river.
	Day 6: Bent Creek Bustle - Mile 51-60 This relaxing paddle will take us by Westfeldt Park and Glen Bridge River Park to the base of the Progress Energy Power Plant, where we will prepare for a few hours of fish sampling. We will all try our hand at fishing in order to test the fish for mercury or other pollution that might come from the power plant. We will paddle through the long shoals of the river, before ending under the Blue Ridge Parkway, a 469 mile drive that glides over some of the most scenic vistas in the world. From the Bent Creek take out, we will travel a short distance in the van to the Lake Powhatan campground in Pisgah National Forest. Miles of trails, a swimming beach on the lake, as well as showers will be waiting.
	Day 7: Biltmore Estate Escape - Mile 60-68 This stunning paddle will guide us through the Biltmore Estate property and allow a glimpse of the Biltmore House as well as the extraordinary grounds. Despite being just outside the bustling city of Asheville, the Biltmore Property creates a wilderness feel on the river. We hope to stop for a picnic and tour of the new Antler Hill Village and Winery on the Biltmore Estate. We will end our night camping at the Asheville Outdoor Center. Biking, walking the greenway, gem mining, and lounging in the hammocks are all part of the night's fun.
	Day 8: Asheville Attempt - Mile 68-80 An exciting day awaits the group as we paddle past Asheville's parks and greenways and through Asheville's River district stopping for lunch at the best barbeque joint in town (and Barack Obama's personal favorite), 12 Bones. The views continue to improve as we paddle by the famous Riverside cemetery, where Thomas Wolfe and other notables are buried. We will then try to squeeze in a tour of the very interesting, but smelly, process of treating wastewater. We will also take water samples to determine the level of pills and other pharmaceuticals being flushed into our river. Finally, we will slip by rocks and down small rapids to our camp spot at French Broad River Campground. Lunch at 12 Bones not included in the day trip price.

	Day 9: Ledges Roar - Mile 80-93 The day starts off with a bang as we negotiate a series of fun rapids called the Ledges. These class II and a couple of class III rapids can be avoided, but the direct route will shoot us straight down river. The best fishing of the trip happens on this stretch of river, with fisherman routinely pulling in a host of small mouth bass. The day continues to have a few rapids sprinkled throughout the section, as we view the mountains rising right out of the river. The river will push us towards the small and beautiful riverside town of Marshall. We will have dinner in town, and the night's festivities will include a party on an island in the middle of town. Dinner not included in day trip price.
	Day 10: Hustlin the French Broad - Mile 93-109 A raft race will highlight the last full day of the trip. Staff and patrons from area bars and restaurants will meet us in Barnard to race to the finish line in Hot Springs. Rafts will be provided by Huck Finn Rafting and everyone but the most experienced paddlers will be in guided rafts as we tumble over class III and IV rapids. A grand finale party awaits us at the Nantahala Outdoor Center with Sweewater Beer and lots of great food and entertainment.
	Day 11: Tennessee Tear - Mile 109-122 The group will paddle the final stretch of the river in North Carolina as we head into Tennessee. This section of river is one of the most scenic of the entire trip, with rock bluffs jutting out of the water while the river is surrounded by towering mountains. Take a minute to jump off the rocks as we paddle over a few rapids and around Weaver's Bend to the Wolf Creek access point.

As the WNCA made its announcement at the Asheville Outdoor Center, Carson paddled to the event in his new canoe, joined by Donna Lisenby, the Upper Watauga Riverkeeper and member of the Waterkeeper Alliance board of directors. They joined Phillip Gibson, chairman of the WNCA, who served as the original French Broad Riverkeeper from 2001 to 2006 before being succeeded by Carson.

“I am really excited to bring the French Broad Riverkeeper into the Western North Carolina Alliance,” Gibson said. “The French Broad River is important to so much of this area for drinking water and recreation – and the Riverkeeper role has a special place in my heart. I served as the first French Broad Riverkeeper from 2001 to 2006 and still get great satisfaction from all the Riverkeeper contributes to the river’s improvement.”

Tying that toWNCA’s mission, Julie Mayfield, WNCA executive director, said, “Hartwell as the Riverkeeper will continue to educate the public about the threats to the river, but will take on an expanded role to monitor and address other pollution sources, including coal ash, hazardous waste sites, bacteria pollution from sewage and animal waste, industrial point sources and pharmaceutical waste from improperly disposed of pills and medicines. We are just getting this work off the ground and are excited about the opportunities to improve rivers and streams throughout the watershed.”

“I want everyone who lives, works and plays in the French Broad watershed to understand the important role the river plays as the lifeline of our region, and to be ready to meet the challenges that face the health of the river,” Carson said. “We invite all who can to paddle with us, camp along the riverbanks and learn about all we can do to preserve our precious natural resources for us, our children and grandchildren.”

French Broad Watershed