Construction continues full-speed-ahead at Tlaquepaque SR179 bridge-construction site in Sedona.

ADEQ cites ADOT for second time in one month

Unauthorized discharge to Oak Creek revealed

By Tommy Acosta, Associate Editor

SEDONA, AZ- April 3, 2009 - On Wednesday, March 24, 2009, the Arizona Department of Environmental Quality (ADEQ) issued a second Notice of Violation to the Arizona Department of Transportation (ADOT) for violations of water quality statutes occurring in the general vicinity of the SR179 Tlaquepaque bridge construction site.

This citation comes on the heels of a March 4, 2009 ADEQ-issued Notice of Violation filed against ADOT and the bridge construction contractor concerning possible-environmental damage to the waters of Oak Creek.

According to Sedona resident Ron Vernesoni, a former EPA engineer and 33-year environmental professional, the latest NOV is arguably more serious than the last one, since ADOT is cited for an unauthorized discharge to Oak Creek -- a discharge that was not allowed in ADOT’s stormwater permit that could possibly hurt animal life relying on Oak Creek for shelter and sustenance.

Mr. Vernesoni said Oak Creek is considered by ADEQ as one of Arizona’s “Outstanding Natural Resource Waters,” also called “a unique water.”

“The rules governing unique waters afford exceptional-environmental protection by ADEQ,” he said. “Water-quality regulations for unique waters are more stringent than non-classified waters.”

He said ADEQ may classify a surface water as “unique water” by making a finding that a surface water is an “outstanding state resource water.”

“In general, to be listed as a unique water, a river or creek has to be of exceptional recreational or ecological significance, or have threatened or endangered species associated with the creek or river,” he said.

The March 24 NOV lists six separate regulatory findings including the following:

1) Unauthorized pumping of stormwater from an impoundment near the Hillside shops directly into a tributary of Oak Creek, not permitted under either the general construction permit or the ADOT individual permit;

2) ADOT did not provide a Storm Water Pollution Prevention Plan (SWPPP) for the project as required by their Statewide Permit, Part 5.2.1.1;

3) Gravel track-out protection to prevent airborne dust and related contaminants was not provided as required at six locations along the construction project, including the New Age access site, the Hillside north entrance, Chapel Road, Cathedral Rock Trail, Skyline Drive, and Jesus Saves driveway;

4) The curb inlet near Circle K and Highland drive had no protection for storm water control. Storm drain curb inlets along SR 179 needed repair;

5) The outfall to Oak Creek located immediately to the north of the Inn on Oak Creek was protected using straw logs to prevent silt and sediment migration into Oak Creek. According to Mr. Vernesoni, these straw logs had been undermined and rendered useless;

6) Fine sediments had been exposed within the construction site at the bridge and allowed to wash downstream. (According to Mr. Vernesoni, fine sediments are believed to be harmful to aquatic life, and indirectly to wildlife, in Oak Creek.).

Mr. Vernesoni said Northern Arizona University recently concluded there are only 20 Southwestern River Otters remaining in Oak Creek.

“According to the Environmental Assessment developed by ADOT for the project, these otters require relatively high-quality water with low-sediment loads and an abundant base of fish,” he said.

ADOT’s Prescott District Public Information Officer Bill Williams said the alleged violations are administrative in nature and do not reflect any environmental harm to Oak Creek as a result of ADOT's construction project.

“ADOT staff met with ADEQ staff on March 25 to discuss the details of the notice and alleged violations,” Mr. Williams said. “ADOT is preparing an official response. ADOT has had a third-party independent erosion control coordinator staffed on site for the past 12 months. ADOT and its contractor conduct daily inspections of the project site to ensure continued compliance with permit conditions. ADOT has participated in numerous site inspections with environmental regulatory staff from ADEQ and the Corps of Engineers during the last 15 months of construction. ADOT and its contractor continue to monitor weather conditions closely while work continues in and around Oak Creek throughout the project area.”

He said ADOT is responding within the timeframes required by the notification and that ADOT maintains its commitment to follow its permit requirements for the project.

“ADOT and its contractor are committed to following all permit requirements from all regulatory agencies for the State Route 179 project.”

Straw barriers line shore of Oak Creek near bridge construction site (see top of photo). Oak Creek provides a bountiful habitat for many animal species.

Mr. Vernesoni, who initially filed complaints with ADEQ because of concerns about environmental violations at the construction site, congratulated ADEQ for their vigilance and latest ruling.

“I am very grateful to ADEQ for their persistent investigation into this matter, and for taking the protection of Oak Creek very seriously by filing these NOVs,” he said. “As a former environmental regulator, I realize how difficult and time-consuming it is for an environmental regulatory agency to issue Notices of Violation, potentially leading to further enforcement action. A lot of technical staff and attorney time is required, and the whole process is often accompanied by denial and/or acrimony from the affected party. It requires intestinal fortitude on the part of the environmental agency, especially in AZ, where the agency is constrained politically.”

He also thanked support Congressional representatives have shown for preserving Oak Creek.

"I also want to express my sincere appreciation to Congresswoman Kirkpatrick and her staff for their willingness to engage in this important environmental issue in a very effective and timely manner,” he said. “Her office has been very responsive to her constituents concerns regarding adequate protection of Oak Creek, its riparian zone, and its wildlife.”