By Kim Hamilton - News Editor
Rowan County is in hot water over a cold water stream.
Current Judge-executive Jim Nickell is working with state and federal officials to rectify violations for pollution which occurred during the last administration.
Former Judge-executive Clyde Thomas allegedly ordered county workers to build a road through parts of federally protected Laurel Creek without a vote of fiscal court, without proper permits and without residents in the area.
On Wednesday, Nickell toured the Laurel Creek area with local officers and officials from the state division of water and its enforcement branch. They looked at violation sites to determine appropriate remedial measures.
Since environmental officials will require the county to rehabilitate the creek, build it back to its original flow and make the county pay fines, Nickell is asking the Kentucky Association of Counties (KACO) for Thomas's bond money to help pay for rehab and penalties.
“Fiscal court never voted to approve work at Laurel Creek. Judge-executive Thomas exceeded the scope of his authority and acted without approval when he authorized work at the site. Therefore, the county feels that Judge Thomas's personal bond should be available to the county,” Nickell said.
But KACO, a county insuring association, might be looking for an excuse not to pay.
KACO claims adjuster John Sparks replied to a letter from Nickell recently which stated that there was no intent to harm the creek; that penalties are excluded in its policy whether intentional or not and the policy would not be responsible for any road construction or remedial repairs required by the EPA.
The latest estimate for a penalty, excluding the amount of money to repair the creek, was $27,000.
However, KACO's policy states it will pay when its insured becomes legally obligated to pay as damages because of a wrongful act, but it may investigate any suit at its discretion. There are several other exclusions in its policy.
Thomas said in an earlier interview that he was unaware Laurel Creek was considered a cold water habitat.
He added he had sought information on local protected streams from the state division of water, but Laurel in Rowan County wasn't on the list. He said if he had known, the county would have done work in a different manner.
The road project was begun in 2002. Environmental advocates learned of the project later and the Army Corps of Engineers shut down the road building in August 2004. The county then received violations from the state's division of water in Frankfort and an investigation started.
Laurel Road which leads to the creek is located off KY 32 east just past Wagner's Corner above Elliottville.
Laurel Creek is one of only a few in Kentucky that has been designated as an Exceptional Water, Reference Reach Stream and Cold Water Aquatic Habitat, afforded some of the highest levels of protection under federal and state laws, according to water officials.
The creek serves as a benchmark for water samples to determine what kind of aquatic animals are thriving.
The stream runs through Rowan into Elliott and on to Carter County.
In Elliott County, the stream runs beside a new tourist attraction at "Laurel Gorge," where a state funded visitor center is built.
Also built there is a state funded high bridge to route drivers above the gorge to keep traffic away from the pristine area.
Thomas said the road construction in Rowan County was done to attach Laurel Road to Trent Ridge Road and to bring the road out of the creek bed, because ATV's were using it and muddying the water.
As officials looked over the violation areas Wednesday, muddy water rolled down the creek from recent rain.
James Giattina, director of the environmental protection's water management division, said the violation stems from discharging or directing the discharge of dredged and fill material into approximately 500 feet of water.
He said additional discharges of sediment have also occurred in Laurel Creek from improperly built sediment and erosion controls resulting from road construction.
A breakdown of expenditures from county records:
• Kevin Litzler, dozer work, $16,500
• Rental equipment, $1,700
• Materials, $20,934.44
• Employee hours: 1,547 regular hours and 331.5 overtime hours, 438,015.19
• Shield Environmental Association Incorporated, $4,119.81.
• Total: $81,269.44
