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Re: E-M:/ ACOE Dow and Slurry Pit



Alex, the DEQ issued a 401 Certification in 2005 (?) which Director Chester threatened to pull this past spring because the Corp refused betterments ( slurry wall ) and pulled the ground water permit application. Director Chester was overidden by LG Cherry after Dow's consultants submitted a report saying the slurry wall was not needed. Also, there is no NPDES permit to discharge back to the river.

Michelle Hurd Riddick
Lone Tree Council
....was there any basis for the state to deny 
a Clean Water Act Section 401 certification for this
spoils disposal project?   did MDEQ deny the certification, or was the 
certification granted?



-----Original Message-----
From: Alexander J. Sagady <ajs@sagady.com>
To: enviro-mich@great-lakes.net; MICHDAVE@aol.com
Sent: Tue, 17 Feb 2009 12:41 pm
Subject: Re: E-M:/ ACOE Dow and Slurry Pit

At 03:26 PM 02/16/2009, MICHDAVE@aol.com wrote:

>The Army Corp of Engineers contends it would take a great deal of permitting 
before Dow Chemical would be granted third party use of the navigational slurry 
pit. Since when? This is the most under permitted facility of its kind in the 
state--- DEQ tried to do their job, issue the permits and demand infrastructure 
betterments but the Governor and LG intervened choosing to take  sides with  Dow 
and the Corp of Engineers. 

as an outside observer looking at this with no details.....

.....was there any basis for the state to deny 
a Clean Water Act Section 401 certification for this
spoils disposal project?   did MDEQ deny the certification, or was the 
certification granted?

Dredging operations, environmental cleanup of the river bed/flood banks and 
ecological
restoration of the Saginaw River watershed all might call for a contaminated 
sediment disposal facility.   Although it is technically feasible to thermally 
treat
soil/sediments to rid it of organic contaminants only from such operations, 
it is not likely to be feasible economically or practically on the scale of 
cleanup operations
likely needed in the Saginaw River watershed.  

Contaminated sediment disposal facilities can be controversial.   If memory 
serves
me correctly, the sediment disposal basins in Western Lake Erie (i think those 
are off
point moulie (sp?), arn't they?) were a pretty controversial item years ago.   
I'd like to know
if anyone monitors stormwater contaminants from them?.....did they ever start 
the 
site at the mouth of the Saginaw River?   is it being monitored for toxic 
releases?

Everyone should please understand that field agriculture runoff and erosion is
responsible for a lot of the need for dredging activities on a widescale basis.   
Our 19th century 
system of drain commissioners and their practical dominance over water 
management  and our present ineffective soil conservation system are problems.
Allowing turbid runoff from eroded fields with inadequate conservation practices 
for control
seems to be a frequent mode of operation for agricultural operators in our 
state.
At the very least, MDEQ should alter NPDES requirements for CAFO operations 
to ensure CWA BAT-stringent soil erosion control measures and accountability 
as part of limiting effluents of phosphorus, pathogens and suspended solids.








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