The DNR may soon give permission to a private landowner to build a well that could pump up to 500,000 gallons of water per day in the Town of Utica.
The proposed well site is only 550 feet from the North Branch of Copper Creek, a Class I trout stream. According to the DNR, if used at its maximum flow rate for 60 consecutive days the well could reduce the flow of the creek near the well by up to 40%, threatening sensitive trout habitat. Fifty to 100 tanker trucks could be filled daily and the bulk water could be trucked away and sold.
The landowner, Darrell Long of Lima, Ohio, claims the well will be used only to supply emergency water to nearby users—for example, tanks to local fire departments, water utilities, or farming operations, or bottles of water to local residents in times of crisis. While he intends to make a profit from the well, which will cost about $25,000 to build, Mr. Long’s permit forbids him from using the well for commercial bottling. Listen to an interview with Dr. Long from a July 1, 2011 broadcast on WDRT 91.9FM here (MP3 file).
The Save Copper Creek group was formed after an initial meeting of citizens with the Utica Town Board on May 16 and another heavily-attended meeting with a DNR hydrogeologist on May 24. Concerned citizens at both meetings agreed that a formal organization was needed to fight the well on a number of fronts.
Save Copper Creek is a project of the Kickapoo Cultural Exchange, a 501 (c) (3) nonprofit organization. The group may be reached at savecoppercreek@gmail.com.
UPDATE
August 29, 2011: Test Well to be Drilled
A test well will be drilled at the site of a proposed high-capacity well in the town of Utica in Crawford County. In a conversation with a hydrogeologist in the Department of Natural Resources, Save Copper Creek was told that the test well is designed to determine and verify the soil and rock conditions and the water flow in the immediate area of the proposed well. There would be no pumping of water involved in the test well, although such a pumping test could be conducted at a later date. The test well is expected to be drilled in the next two to three weeks.
Save Copper Creek issued the following statement in response to the news of the test well:
Our scientific advisers as well as our legal team will be reviewing the test well process and any data generated from it. At this point, we cannot comment more until our scientists have had a chance to do so. Save Copper Creek remains opposed to the proposed high capacity well itself and we remain very concerned about the sufficiency of the DNR’s overall environmental assessment and about DNR’s ability to adequately monitor and enforce its proposed conditions.
A group of Gays Mills ministers have organized a congregational meeting on the well and publicized the meeting through a letter to the editor in the Crawford County Independent Kickapoo Scout. The meeting will be held at 7 pm at the Luther Memorial Church in Gays Mills on Wednesday, August 31. Several Save Copper Creek representatives will attend.
Save Copper Creek has received donations to match the $5,000 challenge grant from the Community Foundation of Southern Wisconsin. However, we still need additional donations to cover expected legal, scientific and other expenses, so please help if you can. Thanks to everyone who has contributed so far — it has been a very encouraging expression of support for what we are trying to do.
Save Copper Creek could have an entry in the Apple Fest parade on Sunday, September 25 in Gays Mills. We welcome as many marchers as possible, but we only need a minimum of two individuals to carry one of our banners. Also, if any of our trout fishing members would like to wear/carry their gear and march, that could be a compelling visual statement. If you would like to march in the parade, please contact Bob Van Hoesen at 735-4117. The lineup is at 12:30 pm with the parade starting at 1:30 and lasting an hour or so. If you haven’t been to the parade, it’s a big deal in the area!
July 21, 2011: Valley Stewardship Network sends letter to DNR’s Larry Lynch, calling the environmental analysis “insufficient” and “incomplete.” Read a copy of VSN’s letter here (PDF file).
July 21, 2011: Save Copper Creek (SCC) sends assessments of independent experts to the DNR
SCC engaged Robert Nauta, a hydrogeologist, and Tim Ehlinger, a fisheries biologist, to independently assess the environmental analysis (EA) on which the DNR based its preliminary approval of the high-capacity well. These professionals concluded that the science used in the EA was lacking. In particular:
- The DNR’s base stream flow calculation could not be accurate, because the stream was sampled only once and at a time when flow was atypical
- The DNR made incorrect assumptions about geology underlying Dr. Long’s property, meaning the well’s impact to the water table could be more severe than the agency predicts.
- The DNR’s conclusion that trout habitat is unlikely to be affected only relates to summer stream conditions and neglects to consider winter water levels and temperatures.
- The DNR did not study trout habitat and populations in Copper Creek specifically, but made gross generalizations about spawning patterns and the ability for trout populations to recover from human-induced stressors.
SCC also engaged Midwest Environmental Advocates (MEA), a law center that advocates for the public’s right to clean air, water, and land, to recommend changes to the DNR’s permit restrictions based on Nauta’s and Ehlinger’s assessments.
Save Copper Creek continues to share its concerns with the public and pursue a variety of options to protect the water resources of our community. The group has collected more than 500 petition signatures against the well and is thankful for the widespread community backing for its efforts.
HISTORY
Early on in this process, area residents met to discuss their concerns with DNR hydrogeologist Larry Lynch, who conducted the environmental analysis. Click here to read VSN’s comments to Mr. Lynch.
Highlights of the discussion
- DNR Process: This proposal prompted a DNR Environmental Assessment (EA) because it is within 550 feet of the North Branch of Copper Creek, a trout stream.
WDNR's Larry Lynch talks to residents
- No Public Hearing: There is no public hearing required or allowed for this type of application.
- Increase Comment Period: Residents requested and Mr. Lynch granted an extension of the public comment period, originally schedule to close on May 16th.
- Well Capacity: The well is allowed to pump 500 gal/hr and up to 500,000 gallons per day at a maximum according to the EA and is 300 feet deep. EA states sporadic use as a plan, but does not require sporadic use.
- Creek Water Levels: At maximum use for 2 months, the North Branch of Copper Creek levels could be lowered by 30%, according to the DNR models, and a 30-40% flow reduction could occur with continuous pumping.
- Usage of the Well: Owner Darrell Long and the DNR EA states that the anticipated use is for emergencies and other situations as defined by the owner. The owner also plans to make a profit by selling the water. Commercial bottling is prohibited in the EA, but bottling can be done for “emergencies.” No other prohibitions are spelled out in the EA.
- Local Government/business: No local governments or businesses or agencies asked Mr. Long to put in the well for emergencies, and FEMA has no involvement or funding.
- Traffic: The EA does not cover potential truck traffic increases on local highways, which could produce up to 100 trucks per day carrying 5,000 gallons each if the well was operated at full capacity.
- Other wells: The DNR requirements do not cover other wells. If wells were affected due to constant use of the well, the DNR has no legal means of stopping pumping. Landowners would have to address those issues privately and/or legally.
Suggested Actions for the EA and Proposal
- Lower maximum water use: Define the maximum use at a lower level so that lowering of the North Branch of Copper Creek would not be affected, even with constant use.
- Define uses: Define clearly what the uses can be. Include a requirement for a defined sporadic use instead of the suggested sporadic use by the owner.
- Define restricted uses: Define clearly what this well cannot be used for besides commercial water bottling and a system to log who is purchasing the water.
- Emergencies: Define the term emergency. Right now the owner defines an emergency use and can, in fact, bottle water for that use.
- Creek Levels: Install a water level gauge in the North Branch of Copper Creek. Include enforceable language in the permit such that if levels reduce, pumping will cease until the creek recovers to its full capacity. This branch feeds into Copper Creek, and provides 200 gallons of essential cold water per minute to this a well-used class I trout stream. Trout habitat brings tourism money to the area. And other species and local farmers rely on the Creek.
Residents Meet at Utica Town Hall
The Save Copper Creek group was formed after an initial meeting of citizens with the Utica Town Board on May 16 and another heavily-attended meeting with a DNR hydrogeologist on May 24. Concerned citizens at both meetings agreed that a formal organization was needed to fight the well on a number of fronts. In addition to a Steering Committee, the group set up committees on legal issues, publicity, science and fundraising.
The Save Copper Creek group is exploring a number of options to contest the well, including legal and zoning challenges and contacting the DNR to either stop its approval or include conditions to tightly restrict the purpose, uses, frequency and amount of water withdrawn. “The water resources of the Copper Creek area belong to all the people of the creek watershed and not to one individual,” says Bob Van Hoesen, the administrative coordinator for the group. “We want to protect the groundwater for all property owners as well as preserve the valuable surface waters such as the North Branch of Copper Creek, which is an outstanding natural and recreational resource.”
Save Copper Creek is affiliated with the Gays Mills umbrella organization, Kickapoo Cultural Exchange, which is a 501 (c) 3 organization; thus, donations to Save Copper Creek are tax deductible.
How You Can Help
Save Copper Creek welcomes concerned citizens to become involved in the organization.
Inquiries can be made to savecoppercreek@gmail.com or Bob Van Hoesen, 18641 Gays View Road, Gays Mills, WI 54631, or at 735-4117.
Donations can be made out to “Save Copper Creek” and sent to the above address.
Take Action:
DNR’s pending approval of the high-capacity well is now July 22.
Save Copper Creek has a little more time to take actions to stop this threat to ground and surface waters.
We have already collected nearly 500 signatures on petitions. Because of the added time for responding to the DNR, we’re extending our target date for gathering signatures. Please continue to gather signatures and send them to me by Friday, July 8.
We have printed 100 yard signs and already have distributed about a third of those. If you would like a yard sign for posting in a high-visibility location, please let me know and we’ll get you one.
What else can you do?
We need your financial donations (tax-deductible) to help cover our growing expenses. Thanks to all those who have already sent in donations.
Continue to write letters to the editor to your local paper and send copies to surrounding papers: the La Crosse Tribune, Crawford County Independent-Scout, Vernon County Broadcaster, Boscobel Dial, and others.
If you’re a Facebook user, “like” our Save Copper Creek page and “share” our postings and updates with your friends.
Save Copper Creek
North Branch of Copper Creek
The DNR may soon give permission to a private landowner to build a well that could pump up to 500,000 gallons of water per day in the Town of Utica.
The proposed well site is only 550 feet from the North Branch of Copper Creek, a Class I trout stream. According to the DNR, if used at its maximum flow rate for 60 consecutive days the well could reduce the flow of the creek near the well by up to 40%, threatening sensitive trout habitat. Fifty to 100 tanker trucks could be filled daily and the bulk water could be trucked away and sold.
The landowner, Darrell Long of Lima, Ohio, claims the well will be used only to supply emergency water to nearby users—for example, tanks to local fire departments, water utilities, or farming operations, or bottles of water to local residents in times of crisis. While he intends to make a profit from the well, which will cost about $25,000 to build, Mr. Long’s permit forbids him from using the well for commercial bottling. Listen to an interview with Dr. Long from a July 1, 2011 broadcast on WDRT 91.9FM here (MP3 file).
The Save Copper Creek group was formed after an initial meeting of citizens with the Utica Town Board on May 16 and another heavily-attended meeting with a DNR hydrogeologist on May 24. Concerned citizens at both meetings agreed that a formal organization was needed to fight the well on a number of fronts.
Save Copper Creek is a project of the Kickapoo Cultural Exchange, a 501 (c) (3) nonprofit organization. The group may be reached at savecoppercreek@gmail.com.
UPDATE
August 29, 2011: Test Well to be Drilled
A test well will be drilled at the site of a proposed high-capacity well in the town of Utica in Crawford County. In a conversation with a hydrogeologist in the Department of Natural Resources, Save Copper Creek was told that the test well is designed to determine and verify the soil and rock conditions and the water flow in the immediate area of the proposed well. There would be no pumping of water involved in the test well, although such a pumping test could be conducted at a later date. The test well is expected to be drilled in the next two to three weeks.
Save Copper Creek issued the following statement in response to the news of the test well:
Our scientific advisers as well as our legal team will be reviewing the test well process and any data generated from it. At this point, we cannot comment more until our scientists have had a chance to do so. Save Copper Creek remains opposed to the proposed high capacity well itself and we remain very concerned about the sufficiency of the DNR’s overall environmental assessment and about DNR’s ability to adequately monitor and enforce its proposed conditions.
A group of Gays Mills ministers have organized a congregational meeting on the well and publicized the meeting through a letter to the editor in the Crawford County Independent Kickapoo Scout. The meeting will be held at 7 pm at the Luther Memorial Church in Gays Mills on Wednesday, August 31. Several Save Copper Creek representatives will attend.
Save Copper Creek has received donations to match the $5,000 challenge grant from the Community Foundation of Southern Wisconsin. However, we still need additional donations to cover expected legal, scientific and other expenses, so please help if you can. Thanks to everyone who has contributed so far — it has been a very encouraging expression of support for what we are trying to do.
Save Copper Creek could have an entry in the Apple Fest parade on Sunday, September 25 in Gays Mills. We welcome as many marchers as possible, but we only need a minimum of two individuals to carry one of our banners. Also, if any of our trout fishing members would like to wear/carry their gear and march, that could be a compelling visual statement. If you would like to march in the parade, please contact Bob Van Hoesen at 735-4117. The lineup is at 12:30 pm with the parade starting at 1:30 and lasting an hour or so. If you haven’t been to the parade, it’s a big deal in the area!
July 21, 2011: Valley Stewardship Network sends letter to DNR’s Larry Lynch, calling the environmental analysis “insufficient” and “incomplete.” Read a copy of VSN’s letter here (PDF file).
July 21, 2011: Save Copper Creek (SCC) sends assessments of independent experts to the DNR
SCC engaged Robert Nauta, a hydrogeologist, and Tim Ehlinger, a fisheries biologist, to independently assess the environmental analysis (EA) on which the DNR based its preliminary approval of the high-capacity well. These professionals concluded that the science used in the EA was lacking. In particular:
- The DNR’s base stream flow calculation could not be accurate, because the stream was sampled only once and at a time when flow was atypical
- The DNR made incorrect assumptions about geology underlying Dr. Long’s property, meaning the well’s impact to the water table could be more severe than the agency predicts.
- The DNR’s conclusion that trout habitat is unlikely to be affected only relates to summer stream conditions and neglects to consider winter water levels and temperatures.
- The DNR did not study trout habitat and populations in Copper Creek specifically, but made gross generalizations about spawning patterns and the ability for trout populations to recover from human-induced stressors.
Read Robert Nauta’s letter to the DNR (PDF file)
Read Tim Ehlinger’s letter to the DNR (PDF file)
SCC also engaged Midwest Environmental Advocates (MEA), a law center that advocates for the public’s right to clean air, water, and land, to recommend changes to the DNR’s permit restrictions based on Nauta’s and Ehlinger’s assessments.
Read MEA’s letter to the DNR (PDF file)
Save Copper Creek continues to share its concerns with the public and pursue a variety of options to protect the water resources of our community. The group has collected more than 500 petition signatures against the well and is thankful for the widespread community backing for its efforts.
HISTORY
Early on in this process, area residents met to discuss their concerns with DNR hydrogeologist Larry Lynch, who conducted the environmental analysis. Click here to read VSN’s comments to Mr. Lynch.
Highlights of the discussion
- DNR Process: This proposal prompted a DNR Environmental Assessment (EA) because it is within 550 feet of the North Branch of Copper Creek, a trout stream.
WDNR's Larry Lynch talks to residents
- No Public Hearing: There is no public hearing required or allowed for this type of application.
- Increase Comment Period: Residents requested and Mr. Lynch granted an extension of the public comment period, originally schedule to close on May 16th.
- Well Capacity: The well is allowed to pump 500 gal/hr and up to 500,000 gallons per day at a maximum according to the EA and is 300 feet deep. EA states sporadic use as a plan, but does not require sporadic use.
- Creek Water Levels: At maximum use for 2 months, the North Branch of Copper Creek levels could be lowered by 30%, according to the DNR models, and a 30-40% flow reduction could occur with continuous pumping.
- Usage of the Well: Owner Darrell Long and the DNR EA states that the anticipated use is for emergencies and other situations as defined by the owner. The owner also plans to make a profit by selling the water. Commercial bottling is prohibited in the EA, but bottling can be done for “emergencies.” No other prohibitions are spelled out in the EA.
- Local Government/business: No local governments or businesses or agencies asked Mr. Long to put in the well for emergencies, and FEMA has no involvement or funding.
- Traffic: The EA does not cover potential truck traffic increases on local highways, which could produce up to 100 trucks per day carrying 5,000 gallons each if the well was operated at full capacity.
- Other wells: The DNR requirements do not cover other wells. If wells were affected due to constant use of the well, the DNR has no legal means of stopping pumping. Landowners would have to address those issues privately and/or legally.
Suggested Actions for the EA and Proposal
- Lower maximum water use: Define the maximum use at a lower level so that lowering of the North Branch of Copper Creek would not be affected, even with constant use.
- Define uses: Define clearly what the uses can be. Include a requirement for a defined sporadic use instead of the suggested sporadic use by the owner.
- Define restricted uses: Define clearly what this well cannot be used for besides commercial water bottling and a system to log who is purchasing the water.
- Emergencies: Define the term emergency. Right now the owner defines an emergency use and can, in fact, bottle water for that use.
- Creek Levels: Install a water level gauge in the North Branch of Copper Creek. Include enforceable language in the permit such that if levels reduce, pumping will cease until the creek recovers to its full capacity. This branch feeds into Copper Creek, and provides 200 gallons of essential cold water per minute to this a well-used class I trout stream. Trout habitat brings tourism money to the area. And other species and local farmers rely on the Creek.
Residents Meet at Utica Town Hall
The Save Copper Creek group was formed after an initial meeting of citizens with the Utica Town Board on May 16 and another heavily-attended meeting with a DNR hydrogeologist on May 24. Concerned citizens at both meetings agreed that a formal organization was needed to fight the well on a number of fronts. In addition to a Steering Committee, the group set up committees on legal issues, publicity, science and fundraising.
The Save Copper Creek group is exploring a number of options to contest the well, including legal and zoning challenges and contacting the DNR to either stop its approval or include conditions to tightly restrict the purpose, uses, frequency and amount of water withdrawn.
“The water resources of the Copper Creek area belong to all the people of the creek watershed and not to one individual,” says Bob Van Hoesen, the administrative coordinator for the group.
“We want to protect the groundwater for all property owners as well as preserve the valuable surface waters such as the North Branch of Copper Creek, which is an outstanding natural and recreational resource.”
Save Copper Creek is affiliated with the Gays Mills umbrella organization, Kickapoo Cultural Exchange, which is a 501 (c) 3 organization; thus, donations to Save Copper Creek are tax deductible.
How You Can Help
Save Copper Creek welcomes concerned citizens to become involved in the organization.
Inquiries can be made to savecoppercreek@gmail.com or Bob Van Hoesen, 18641 Gays View Road, Gays Mills, WI 54631, or at 735-4117.
Donations can be made out to “Save Copper Creek” and sent to the above address.
Take Action:
DNR’s pending approval of the high-capacity well is now July 22.
We have printed 100 yard signs and already have distributed about a third of those. If you would like a yard sign for posting in a high-visibility location, please let me know and we’ll get you one.
What else can you do?