UE Pumped-Storage Project on Church Mountain/Taum Sauk Creek threatens Taum Sauk State Park and Ozark Trail

On June 11, 2001 Ameren Development Company, a subsidiary of St. Louis based Ameren Corporation, announced that it had filed a request with the Federal Energy Regulatory Commission (FERC) for a preliminary permit that would pave the way for an evaluation on whether to build a new pumped-storage hydroelectric plant. The site for the plant would be in Reynolds County on Church Mountain and on Taum Sauk Creek between Taum Sauk Mountain State Park and Johnson Shut-ins State Park. The northeast one fourth of Church Mountain is owned by the Missouri Department of Natural Resources as part of Taum Sauk State Park. For those who are familiar with area, this new project would be a few miles south of AmerenUE's existing pumped-storage hydroelectric plant on Proffit Mountain.

The $100,000,000 project would level off the top of Church Mountain to build an upper reservoir and the dam up Taum Sauk Creek to build a lower reservoir. Pipes and turbines would connect the reservoirs. On summer nights, during periods of low demand for electricity, water would be pumped from the lower reservoir to the upper reservoir. During the day, when demand is a its peak, water would be run back down to generate electricity. The capacity of the generating plant could be as much as 770 megawatts of electricity. However, these plants generate at a net loss of electricity, feasible only because of periods of peak air conditioning demands.

The two reservoirs, generating plant, roads and pipelines could directly impact about 500 acres in this scenic area of the St. Francis Mountains, the oldest part of the Ozarks. This monstrosity would loom high over the Taum Sauk valley and be visible from almost every open vantage point on the Taum Sauk section of the Ozark Trail. Besides being a major intrusion upon the scenic integrity of the park, the project would directly impact Taum Sauk Creek, a permanent, crystal clear headwater stream coursing 5.5 miles through Taum Sauk State Park. The watershed is nearly completely protected in state park ownership. The stream is designated for it's aquatic significance both as a Natural Area and as Outstanding State Resource Waters.

The project would require about eight years to construct. Ameren wants to determine by late 2002 or early 2003 whether to build the project. But there will be several regulatory requirements that should allow for public input. I would assume that, because of the need for a FERC permit, this project would require an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). Building the lower reservoir would also require a 404 permit from the Corps of Engineers. And the dams would require dam safety permits from DNR. And since the Missouri Clean Water Commission has designated Taum Sauk Creek as Outstanding State Resource Waters, those special water quality regulations might afford it additional protection. The regulations state that these waters shall receive special protection against any degradation in quality. Also, the entire park, including the eastern flanks of Church Mountain, is designated by the state as the St. Francois Mountain Landscape Natural Area - the largest in the state.

PRESIDENT CLINTON ISSUES EXECUTIVE ORDER ON MIGRATORY BIRDS

President Clinton today (1/11/01) issued a landmark Executive Order that requires Federal agencies to avoid or minimize the negative impact of their actions on migratory birds, and to take active steps to protect birds and their habitat.

The Executive Order directs each Federal agency taking actions having or likely to have a negative impact on migratory bird populations to work with the U.S. Fish and Wildlife Service to develop an agreement to conserve those birds. The protocols developed by this consultation are intended to guide future agency regulatory actions and policy decisions; renewal of permits, contracts or other agreements; and the creation of or revisions to land management plans. In addition to avoiding or minimizing impacts to migratory bird populations, agencies will be expected to take reasonable steps that include restoring and enhancing habitat, preventing or abating pollution affecting birds, and incorporating migratory bird conservation into agency planning processes whenever possible.

Most bird species in the United States are protected by the Migratory Bird Treaty Act of 1918, the domestic law that implements the United States' commitment to four international conventions for the protection of shared migratory bird resources. The Migratory Bird Treaty Act (MBTA) protects species or families of birds that live, reproduce or migrate within or across international borders at some point during their annual life cycle. Federal courts have affirmed that Federal agencies are subject to the MBTA's prohibitions on "take" of migratory birds. The Executive Order is designed to assist Federal Agencies in their efforts to comply with the MBTA, and does not constitute any legal authorization to take migratory birds or otherwise supercede the MBTA's requirements. The MBTA requires Federal agencies to have regulatory authorization from the Service before taking migratory birds.

The Executive Order will serve to enhance coordination and communication among Federal agencies and build upon the progress that has been made in recent years on conservation of migratory birds. For example, the Executive Order will aid in incorporating existing national planning efforts for bird conservation into agency programs, and provide the formal Presidential guidance necessary for agencies to integrate migratory bird conservation more fully into their activities.

Service Director Jamie Rappaport Clark hailed the President's order, calling it an important step for conservation. At a time when populations of many migratory bird species are in decline, the active participation of the Federal government can make a significant difference for their survival, she said.

"This Executive Order is a clear statement of the Administration's commitment to migratory bird conservation, and a recognition that the Federal government must lead the way in incorporating wildlife conservation into its actions whenever possible. By taking actions to protect migratory birds, Federal agencies can demonstrate to the nation that doing so is not only the right thing to do, but also something that, with modest effort, can improve the environment for both wildlife and people," Clark said.

The Executive Order directs agencies to meet their obligations to conserve migratory birds within existing budget parameters, and does not alter any agency's overall mission or responsibilities. There are expected to be no significant impacts on state or local governments, private organizations or individuals.

During the past 30 years, about one-fifth of the bird species native to the United States have declined at rates equal to or exceeding 2.5 percent per year. A trend of this magnitude represents a cumulative decline of more than 50 percent over a span of 30 years. Declines this large are considered to be biologically meaningful, even for species that are widely distributed and relatively abundant. These losses are not restricted to just one or two groups of birds; birds of grassland, wetland, scrubland, and woodland habitats have all been affected. Non-migratory permanent residents have been affected, as have long-distance neotropical migrants.

"Birds are important, not only as a measure of the overall health of our environment, but also to our quality of life and our economy. Protecting them just makes sense," said Clark.

As directed by the Executive Order, within 2 years each Federal agency taking actions that are having, or likely to have, a measurable negative impact on migratory bird populations must develop and implement a Memorandum of Understanding (MOU) with the Service for the conservation of migratory bird populations. The Service, in cooperation with these agencies, will develop a schedule for completion of these MOUs within 60 days that gives priority to agencies having the greatest impacts on migratory birds.

In addition to requiring consultation with the Service and consideration of migratory bird conservation for agency actions, the Executive Order also:

• Establishes a Council for the Conservation of Migratory Birds to assist agencies in implementing the order. Composed of administrators from the Departments of the Interior, Commerce, Agriculture, Transportation, Defense and the Environmental Protection Agency, the council will also serve as a clearinghouse to share the latest migratory bird information with Federal agencies.
  
• Directs agencies to ensure that environmental analyses of proposed Federal actions required by the National Environmental Policy Act evaluate the effects of those actions on migratory birds.
  
• Requires agencies, within the scope of their regular activities, to control the spread and establishment in the wild of exotic animals and plants that may harm migratory birds and their habitat.
  
• Requires agencies to provide advance notice of any action that may result in the take of migratory birds, or to report annually to the Service on the numbers of each species taken during the conduct of any agency action. Agencies are directed to avoid the take of any species identified by the Service as being of particular concern, and to consult with the Service to set out guidelines for any actions resulting in take.

Aside from their environmental importance, bird-related activities are also some of America's most popular pastimes. In fact, bird watching outpaces golf and rivals gardening in terms of the number of participants. In 1996, more than 63 million people went bird watching, fed birds, or went on trips to watch birds and other wildlife. They directly spent an estimated $29 billion on these activities, generating almost $85 billion in related economic activity, creating more than one million jobs and producing $5.2 billion in federal and state tax revenues.

The National Audubon Society's Christmas Bird Count, which ended January 5, is a prominent example of both the popularity of bird watching and the important role citizens play in migratory bird conservation. Begun in 1900 by a small group of birding enthusiasts, the count is now in its 101st year. This year, more than 55,000 volunteers from all 50 states, every Canadian province, parts of Central and South America, Bermuda, the West Indies, and Pacific islands counted and recorded every individual bird and bird species seen during a select 24-hour calendar day. The results of the Christmas Bird Count constitute the world's longest-running ornithological database, and continue to grow in importance as a monitor of the status of resident and migratory birds across the western hemisphere.

The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 93-million-acre National Wildlife Refuge System which encompasses more than 530 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 66 national fish hatcheries, 64 fishery resource offices and 78 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.

For more information see: USFWS - Division of Migratory Bird Management

More news from the National Audubon Society

This page was first published on:1/19/01
This page was revised on: 1/29/01; 2/10/01; 3/14/01; 4/19/01; 7/12/01; 8/30/01