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TO:     Mr. David E. Baldridge

            P.O.Box 59

            Louisville, KY 40201-0059


FROM: Teena Halbig, President FFEA

               6505 Echo Trail

               Louisville, KY 40299



DATE: 7-18-14

RE:  Request for Jurisdictional Determination of potential Blueline Stream of Beargrass Creek in Middletown, KY at the corner of Shelbyville Road & 200 N. Madison Avenue at the stoplight.

This is a request for a jurisdictional determination for the following stream that might be a blue line stream.  Seven photos of 7-17-14 are attached.

Residents report flow all the time and it was flowing when the photographs were taken yesterday.

This has already gone through Lou Metro Planning as case number 9379 & 16440 (Madison Station) but I don't know if the Corps was contacted.

It is a segment of The Sinking Fork of Beargrass Creek and is upstream and flows somewhat parallel with Shelbyville Road in places and by the Middletown Women's Club. It is exposed at times and underground in some places.

This stream might have been hidden and not assessed or missed since it had a heavy vegetation and tree canopy prior to this recent denuding over the past few days. There is no silt fencing in place and rain is anticipated soon. There is also a slope and some of the boulders in the pile might have been moved from the stream banks?

I served as a stakeholder (1 of 15) on Louisville Metro Land Development Code Main Committee for the regs. When we were looking at streams, Attorney Tom FitzGerald, the Director of KY Resources Council, spoke about the Corps being able to do "jurisdictional determinations". 

Over the past couple of days, I have received calls and emails about this stream from several folks and members of Floyds Fork Environmental Association. One resident reports playing in this stream as a child and is now 80 and lives nearby; he describes this stream to be known as the Sinking Fork of Beargrass Creek and always flowing and having water in it. He would be glad to be contacted, to furnish information and/or meet with you on the site (as am I and other folks).  

Please advise regarding the assessment of jurisdictional determination.

Thank you.   





Safe Pharmaceutical Disposal Act


It will soon be 5 years ago that State Representative Joni Jenkins sponsored a bill in the Kentucky General Assembly that was initiated by Floyds Fork Environmental Association (FFEA) termed the ‘Safe Pharmaceutical Disposal Act’ to have safe drop off boxes in safe places 24 hours a day for left over and unused pills, capsules and caplets.  


This bill has continued to be filed each year. It should have been a ‘no brainer’ to get pills out of the reach of others, out of the landfill, emptied down sinks and flushed to end up in our streams.  FFEA’s concerns were for our waterways and public health. I read in 2005 that antibiotics and hormones were being found in 2 other states in waterways; however, I thought testing was not being done in Jefferson County.


In 2007, FFEA funded a student science project to test segments in Floyds Fork Creek and Chenoweth Run Creek for a hormone - all stream samples were positive . The KY Division of Water would not test these areas per a letter from the state toxicologist.


About a year ago, Indiana had a smart sheriff who initiated drop off boxes for pills!

It was good to read Martha Elson’s Courier article 7-9-14 informing readers that St. Matthews has a public prescription drug drop-off box at its City Hall, a weekday box  downtownJefferson County


Sherriff’s Dept. 6th floor (6th & Court Place) during businesshours as well as police boxes in Bullitt,

Oldham, Floyd and Harrison counties.


Still, legislators need to pass Representative Jenkins bill so the public will have less hormones, antibiotics and other ‘emerging contaminants of concern’ in our waterways and drinking water. Call now to let your State Senator and State Legislator know you want this bill passed in the 2015 General Assembly.


Teena Halbig


Floyds Fork Environmental Association

Louisville, KY 40299


“Blues in Your Backyard!”


Order ONE Bluebird House KIT* to build your own at a cost of $10

that must be prepaid with registration by email  

mail check payable to FFEA, 6505 Echo Trail,Lou.,KY 40299

(limit one per family and only 20 available but we could repeat the workshop)

Note: no hammering but bring a screwdriver instead!


Jeffersontown Library, 10635 Watterson Trail,Louisville,KY 40299


August 21, 2014 (Thursday)

6:30PM Social Time

7:00PM Presentation (end at 8:30PM)


Mr. Lacy Thomas

Logistics Manager, Budget Analyst, Artist, Astronomer, etc.

Hear about the bluebird, it’s habits, etc. and how to mount and monitor the boxes. Discussion of a bluebird trail along the Floyds Fork Corridor.

Get material on birding; how to get started, bird identification, etc.

Anyone is allowed to sit in on the meeting but only 20 can build the bluebird houses.

*Bluebird house KIT to assemble during the meeting is of ¾ inch cedar (no painting necessary) is 9 inches tall and floor is 4 inches by 5 ½ inches with cross-ventilation, drainage and a predator guard on the entrance. Only 20 kits available on a first come, first served basis. We can keep a list of more to see about a future workshop.

No refunds but you can send another person in your place or pick it up to build at home or donate the bluebird box so that FFEA can raffle it off at Gaslight Festival.

Sponsor and Presenter not responsible for any injuries or accidents!

 Registration Form:

NAME: _______________________________________________________


City _________________State__________Zip code___________________

mail check payable to FFEA for $10.00 for ONE Bluebird House; one per family


6505 Echo Trail

Louisville,KY 40299

Note: FFEA T-shirts available at the August 21 meeting are 1 for $12 or 2 for $20

This is the Bluebird House you will put together while Mr. Lacy Thomas gives instructions and his  presentation.



Friday, September 19- 7:00 PM-10:00 PM


Saturday, September 20-9:00 AM-10:00 PM


Sunday, September 21- Noon- 6:00 PM

FFEA GASLIGHT FESTIVAL BOOTH – YOU CAN Volunteer!!1 or 2 or 3 hour shifts.  Education these “Birds, etc.” – email time slot to

Set Up Friday                    Sept. 19  5 PM to 7 PM

Work in Booth                    Sept. 19  7 PM to 10 PM

Can you volunteer 1 ½ hours to help in the booth? 7 PM to 8:30 PM, 8:30 PM to 10 PM

Work in Booth Sat.           Sept 20  9 AM to 10 PM

Can you volunteer 2 hours to help in the booth?

9 AM to 11 AM, 11 AM to 1 PM, 1 PM to 3 PM, 3 PM to 5 PM, 5 PM to 7 PM, 7 PM to 10 PM.

Work in Booth Sun.          Sept 21  Noon to 6 PM

Can you volunteer 2 hours to help in the booth?  Noon to 2 PM, 2 PM to 4 PM,  

4 PM to 6 PM

Break Down Booth           Sept 21  6 PM to 7 PM


3rdAnnual Floyds Fork Family

Clean Water 5K Bike/Walk/Talk!


September 27, 2014(Saturday)

Meet in Building atFloyds Fork Park*

4002 South Pope Lick Road


Sponsor Floyds Fork Environmental Association


Event is Free and Open to the Public; donations accepted but not required.

 9:00 A.M. Registration

 9:15 A.M. Introductions & Route Information & Questions

 9:30 A.M. Speaker To Be Announced

10:00 A.M. Walk/Bike Begins

12:00 P M. End back at Building

*Directions:  4002 South Pope Lick Road is Behind Shell Gas Station at14305 Taylorsville Road, Turn Right (from Lou./J-town) ontoS. Pope Lick Road to park and parking lot. Come inside theJohn Floyd Fields Building to register.

MEMBERSHIP: You are invited to become an FFEA member: One year is $15 for an individual, $20 for a family and $50 for a business/organization with check payable to FFEA or use PayPal at using PayPal or mail to FFEA/Sheron Lear, Treasurer,P.O. Box 91041, Louisville,KY 40291.

Members can get KROGER rechargeable cards from FFEA so when purchasing gas, groceries, etc., FFEA gets a portion of those funds sent to us from Kroger. We have a flyer on this. This costs you nothing and helps FFEA a great deal to be able to do more toward ourMISSION to Protect, Conserve and Preserve Floyds Fork Creek and its watershed.” Your help is greatly appreciated.

“Event Sponsors are not responsible for any injury or damage incurred during the event.”


Having trouble viewing this email? View it as a Web page.

06/19/2014 08:00 PM EDT

In an effort to help residents, neighborhood groups and others understand zoning issues and the planning process for development in Metro Louisville; several Metro Council members are sponsoring workshops with the goal of explaining the many aspects of the zoning process. Two “Planning and Zoning 101” Workshops are set for Tuesday, June 24th and Tuesday, July 8th at the Louisville Urban League. Full Story
Note from Teena: The below is the never ending saga of another company wanting to discharge more toxics into the Ohio River where many cities withdraw water to drink and other uses. In this instance, more mercury is the request. Of course, FFEA will oppose this, of course: allowing more mercury to be discharged is not in the best interests of human health or aquatic life forms. GOOD NEWS: Now, the composition of ORSANCO has changed. President Obama appointed THREE new persons to sit on this board. One is Attorney Tom FitzGerald, Director of KY Resources Council - if you were not aware, this appointment is great news since Fitz has long fought to protect the public's health and is quite aware of dangers posed by heavy metals, etc.
Mercury is very dangerous and this request by this company should be denied by ORSANCO.
ORSANCO is supposed to protect the Ohio River but often seeks to allow more pollution when companies ask. It is up to the public and organizations to weigh in to keep this from happening.


an interstate agency representing: 
· Indiana  · Kentucky  ·  New York ·  Ohio  
· Pennsylvania  ·  Virginia  · West Virginia

FOR IMMEDIATE RELEASE                            

June 19, 2014 | ORSANCO |


Contact: Jason Heath, P.E., BCEE

Technical Programs Manager & Assistant Chief Engineer




 NOTICE:  The Ohio River Valley Water Sanitation Commission has received a variance request from FirstEnergy, Pleasants Power Station, Willow Island, WV

The Ohio River Valley Water Sanitation Commission (ORSANCO) has received a variance request from FirstEnergy Corp., Pleasants Power Station, at Willow Island, WV. The request is in regards to their WV draft NPDES permit to discharge mercury and the Commission's prohibition on mixing zones for bioaccumulative chemicals of concern which becomes effective on October 16, 2015.  Please visit ORSANCO's Pollution Control Standards page to view their application as well as information on the variance review process. The Commission will be undertaking an evaluation of the variance request. 


ORSANCO, headquartered in Cincinnati, OH, is an interstate water pollution control agency for the Ohio River and its tributaries.  Member states include Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Virginia, and West Virginia. The federal government is also represented. For further information, contact ORSANCO at 513-231-7719, or visit our website at
5735 Kellogg Ave 
Cincinnati, OH 45230
(513) 231-7719



    See Map of "Sewer Pipeline" with proposed pump stations, part of conceptual main pipeline, etc.

Conceptual MSD Map of "Salt River Potential Sewershed Map"


Founded 1991, facebook


Floyds Fork Environmental Association is a 501 c 3 nonprofit founded in 1991 with the mission to protect, conserve and preserve Floyds Fork Creek and its watershed. The”23rd Annual Floyds Fork Creek Sweep” by canoe, kayak or on foot will be held Saturday, June 7th, 2014.

Another layer of bureaucracy, i.e., the creation of a Sewer Pipeline by forming a Regional Sewer Wastewater Commission— encompassing counties Henry, Spencer, Oldham, Jefferson, Bullitt, Nelson, Meade, Hardin to Ft. Knox, but Spencer and Nelson have already said, “No”.Shelby County has not made a decision. MSD Director Greg Heitzman gave a conceptual map May 28, 2013. This conceptual map (Salt River Potential Sewershed Mp) can be seen on or facebook. However, this proposed sewer pipeline is not shown in Oldham and one half ofJefferson but is sure to affect these heavily populated areas! Each county that joins will have a seat on its board. The “fees” levied by this commission will be in addition to MSD charges and rate increases.

 State legislators denied House Bill 221 for a several years, and then it became known as House Bill 26 where the commission, when formed, can levy annual fees up to 5 % plus costs for capital improvements (sewer lines, sewer plants, etc.). Costs have been 5% cap plus 10% capital costs equaling 15% increases per year for ratepayers inNorthern Kentucky where a Regional Sewer Commission formed 3 years ago. Yes, that adds up to 45% increase! 

 Ratepayers will pay costs for a secretary, treasurer, annual audit, general manager, for each commissioner to attend each meeting, seminars (local or out-of-town) plus expenses. MSD Director Greg Heitzman is meeting with powerful politicians in surrounding counties in hopes of forming a “working group” that are potential contract signees. 

 Our 22 year old organization, Floyds Fork Environmental Association (FFEA), followed the legislation for 4 years and managed some changes.  August 20, 2013, FFEA representatives met with Director Heitzman to point out our concerns:

 1. This sewer authority would not be under the PSC that would afford the public an opportunity to speak regarding rate increases.

2. 'Home rule' is lost since our Mayor is but one at a table of commissioners and thus only has one vote on this board.

3. No provision to be under state ethics rules.

4. Small cities are far less likely to obtain grant monies since deference is to the regional commission, possibly forcing small cities to join.

5. Potential for expensive legal entanglements.

6. Nongovernmental organizations like FFEA or even elected officials cannot speak before the commission or hearing officer (Mr. Heitzman offered to put it in the bylaws that we could - but bylaws can be changed).

7. Eminent Domain issues.

8. Potential for monopoly formation.

9. Need for more transparency (provision for posting monetary figures on a website is only a beginning and not enough transparency).

 While Mayor Fischer may save a small percent and “keep a lid on water bills” with the Louisville Water Company, sewer bills will exponentially escalate like rates did in Northern Kentucky and it will be impossible to keep a lid on them.

 An MSD conceptual map of part of the SEWER PIPELINE route exists (see it at ; however, it leaves out critical portions of its route through heavily populated sections ofJefferson County andOldham. Citizens need to know that local control and efficient management will have a hard time keeping up with this Pipeline train once it leaves the station.

Recently, March 17, 2014, a meeting was held by MSD at KIPDA.  MSD Director Greg Heitzman was the presenter; he showed multiple power point slides. Elected officials from various counties (8 elected officials that included Judge/Executive Melanie Roberts fromBullitt County and Judge/Executive John Black fromOldham County plus 11 wastewater personnel) and a few citizens and FFEA were in the public’s “peanut gallery”.  He wanted these folks to sign up for a “work group” meeting. At the end, I asked how the public would be treated in future meetings like when this work group would meet and if the public could speak at those meetings. Mr. Heitzman said the first work group meeting would not allow any public to sit in the meeting.  He said the next work group meeting would allow the public.  After that, he said he would not allow the public to the next meeting, and then allow the next and so on – like he did when he formed the Louisville Water Company work group. He never commented on the public being allowed to speak or not. I was not allowed to sign up to attend the work group meeting. KIPDA said I could not sign the signup sheet.

All of this is the public’s business and affects the public and every ratepayer not only inJefferson County but many counties. 

The March 2014 MSD Power Point was entitled “Regional Sewer-Wastewater Commission, Salt River Basin, Greg C. Heitzman, Presentation to Salt River Regional Wastewater Providers, KIPDA Office, Louisville, KY March 28, 2014 (although this was given on March 17). The entire power point is available at but the sewer pipeline map was not shown at this time! Mr. Heitzman is targeting the following 5 counties (for now): Oldham,Jefferson, Bullitt, Hardin and Meade.

Do you really think each elected Mayor or Judge/Executive of each county will actually sit in the seat at the commission’s board meetings? Or do you think wastewater personnel will sit in these seats to vote on rates and other matters? Or will their deputies fill their seats? 

Fee increases lacks transparency for rate increases because there can and will be additional costs for ratepayers for Capital Infrastructure. This was proven in Northern KY Sanitation District #1 where there was a Regional Sewer Commission formed; then ratepayers paid the 5% cap but then 10% capital infrastructure costs were added to equal 15%. MSD must give pertinent information like this to have transparency! There is a difference in a partial truth and the whole truth – FFEA gives the whole truth.

In one slide that lists his initial meeting (arranged by Senator Dan Seum) at the Homebuilders of Louisville May 13, 2013, there were no environmental organizations represented (Courier reporter’s blog). Only because FFEA requested a meeting are we listed for August 20, 2013.  Also,Spencer County is listed as “not eligible” but Spencer opted out long ago!

Since he has already met with city and county elected officials and key constituents, he planned to hold his first work group April, 2014 but FFEA will not get a notice and I was not allowed to sign the sign up sheet per Mr. Heitzman and refused by KIPDA. Consideration of forming this Sewer Commission will be after a study is completed in 2015.

KIPDA is playing a big role now and will be the Facilitator and will issue the Request for Proposal to develop and request the study that will cost about $100,000 with MSD paying up to $50,000 of this. Other counties will be asked to give $2,500 to $10,000 each. They will also look for small grants, KIPDA, Lincoln Trail ADD, and KY Division of Water for $15,000 each. KIPDA will evaluate proposals and select the consultant.

Finally in November, after all the work is done, the public and see the findings! I see only that a public MEETING – not HEARING will occur. Then in December when all people are interested in family and Christmas, the report will be finalized and released.

 Look for more upsizing of sewer pump stations (some proposed are on the map) and many sewer basins to be dug!

You are encouraged to look at FFEA concerns and see if there is a way you can chime in before Turkey Time and Christmas Time! Example: FFEA worked to get better public speaking at MSD board meetings so you can speak for 5 minutes before the MSD Board if you sign up BEFORE 12:50 but call MSD beforehand 540-6000. Also, let me know if you really believe you will get notices about meetings until the end when decisions/agreements were made in the work group meetings. or






Floyds Fork Enviro. Assn.
(Teena Halbig)
6505 Echo Trail
Louisville, KY. 40299

   (502) 267-6883