Spring 2004 Hamilton County Soil and Water Conservation District

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    Mission Statement:

    A public organization committed to

    assisting the citizens of HamiltonCounty through education, techni-

    cal assistance and leadership to be

    stewards of our soil and water re-

    sources.

    Vision:

    To be a dynamic leader in soil and

    water conservation working to

    achieve the sustainable use of the

    soil and water resources on a local

    and regional basis.

    Inside this issue:

    Hamilton County Storm Water

    District

    2

    Question & Answer Corner 3

    Education News 4

    Hamilton County SWCD contests 5

    Urban Conservationists Corner 6

    Ohio Forestry Camp 7

    Upcoming Events 8

    Editor: Holly Utrata-Halcomb

    Layout: Barbara Connole

    Spring Edition

    March May, 2004 Conservation SpotlightHamilton County Soil & Water Conservation District

    29 Triangle Park Drive, Suite 2901

    Cincinnati, Ohio 45246-3411Phone: 513-772-7645 Fax: 513-772-7656 Website: www.hcswcd.org

    2004 Soil and Water Stewardship Week

    April 25 to May 2, 2004

    Without the soil, there would be no us. In return, we must recognize that the soils that

    support our lives cannot be taken for granted; they must be nurtured

    Millions of words have been written about the living soil. Many were scientific and factual, somewere emotional and moving, others artistic and creative. But in generation after generation, it isimportant to bring attention back to the central theme the living soil sustains all life on earth.Without the soil, nothing lives. Healthy soils support healthy environments, and healthyenvironments support healthy life.

    As you walk across a field or down a forest pathway, your eyes and feet will give you messagesabout the soil. On your next walk, try to sense those messages. Is the soil hard or does it feelspongy? Is it wet or dry? Look around you. What plants do you see? You may be surprised tolearn that most soil has lots of open space below the surface cracks, channels and pores betweenthe solid grains of sand and soil and around growing plant roots.

    You may also be surprised to learn that millions of beneficial organisms are going through theirdaily routine of eating, breathing, living, and dying in the soil. One cup of fertile soil may contain

    as many bacteria as there are people on Earth. In one acre an area about the size of a footballfield there may be a ton or more of microscopic bacteria. Thats equal to the weight of two full-grown cows!

    We eat the food, drink the water, breathe the air, and enjoy the views, but only a few of us walkthe fields and forests on a regular basis and understand what those lands need from us in order tosustain the living soil. However, here are a few things each of us can do in our own backyards tobe better stewards of our soil resources:

    Protect the soil from damage by wind or water erosion by keeping healthy plants grow-ing on the surface.

    Restore and maintain organic matter in the soil, such as grass clippings or tree leaves.

    Protect and enhance soil life by using the least amounts and the least toxic materials tocontrol pest problems on growing plants.

    While the farmer holds the title to the land, actually it belongs to all the people becausecivilization itself rests upon the soil. --- Thomas Jefferson

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    Page 2 Conservation Spotlight

    Hamilton County Storm Water District

    Since the enactment of the original Clean Water Act by Congress in 1972 local and state governments have worked with indus-tries and wastewater treatment plants to reduce pollution loads thus improving the quality of receiving streams. As the end-of-pipe pollution sources improved, however, it became apparent that other types of pollutants were having significant impact on thequality of waterways. These non-point pollution sources include agricultural runoff (sediment, fertilizers and pesticides), urbanrunoff, stream channelization, mining, land disposal and construction site runoff. To address these non-point sources (NPS) of

    pollution, the United States Environmental Protection Agency (USEPA) initiated the National Pollution Discharge EliminationSystem (NPDES) Phase I and Phase II storm water programs.

    On March 10, 2003, the County Commissioners established a Storm Water District under ORC 6117 to address the NPDESPhase II regulations on a countywide basis. Forty-five of the 49 jurisdictions in Hamilton County joined the District for continuit-ity in water quality regulations as well as for the economic benefits. The Hamilton County Engineers administers the overallmanagement of the Storm Water District. Your SWCD will be assisting with the public information, education, Involvement andparticipation components. Each Spotlight newsletter will feature an article addressing one of the below listed controls.

    What are the Storm Water District functions?The regulations require six minimum controls:

    1. Public Information & Education

    Will focus on how individual choices and actions affect water quality. This will be accomplished through thedevelopment of brochures, the creation of a web based library of educational materials on storm water, the presentationof information to community groups, the adoption or preparation of K-12 educational materials, and the issue of pressreleases.

    2. Public Involvement & ParticipationEstablish hotline and complaint database, form a storm water advisory group, coordinate and finance storm drainlabeling and watershed signage, and support local watershed groups.

    3. Illicit Discharge DetectionPrepare countywide map of storm water outfalls/discharge points, enact illicit discharge ordinance and implement a spilldetection and reduction plan, prepare a septic system management plan, perform dry weather screening of storm sewers

    and train local government employees.4. Construction Site Runoff Control

    Develop and enforce erosion and sediment ordinance including site plan review and inspection on land disturbance of

    one acre or greater area, train local government employees, and implement a Best Management Practice (BMP) manual.5. Post Construction Runoff Control

    Prepare sensitive areas plan and develop ordinances for riparian corridor protection. Implement, inspect, and maintainstructural and non-structural BMPs.

    6. Pollution Prevention and Good HousekeepingAssist local governments in the development of a maintenance and chemical handling plan.

    EQIP Sign-up Deadline April 7, 20042004 EQIP funds are available for cost-share on implementing planned conservation practices to address soil erosion and stabili-zation, and water quality protection. The local work group has placed a high priority on animal waste storage and compostingfaculties, chemical containment structures, filter strips and stream buffers and pasture renovation. Contact the District office at772-7645 as soon as possible. Time is getting near for the application deadline.

    Walnut Creek Stables Lick Road, Colerain Township.Recipient of 2003 EQIP funds for manure storage facility,heavy use pads, pasture renovation, fencing, androof run-off management

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    Page 3Spring Edition

    Question & Answer Corner!By Steve Sandfort, Supervisor

    Q. A limb from my neighbors tree is hanging over my garage, I have concern that it will fall and damage my property, who isliable?

    A. I am not an attorney and this is not legal advice. This is simply my best understanding of the rules governing borderline trees

    after practicing urban forestry for over 30 years and dealing with these situations almost weekly. If you have a borderlinetree that you believe might be dangerous and needs work, I suggest you contact your homeowners insurance company and/or attorney and follow the advice given. But as I understand it:

    If a tree grows exactly on the property line with half of the trunk on your neighbors property andhalf on yours (often a survey is the only way to tell), the tree is jointly owned. You and the neighbormust agree on what work is to be done on the tree and usually split the costs. Smile and cooperate!

    If the trunk of a tree is more than half or totally on one side of the property line, the owner of theproperty on which it is growing owns the tree. If roots or branches of your neighbors tree grow pastthe property line it could be said that they have trespassed onto your property and are yours to dealwith, good or bad. The neighbors apple tree produces wonderful apples that hang over your yard.You may pick the overhanging apples and use them as you wish . However, if roots from the neighbors tree damage your foun-dation or driveway, or if the neighbors tree drops a limb or falls into your yard, whatever is on your side of the line is yours todeal with as well. If your property is damaged, immediately report it to your homeowners insurance company.

    If you see a potential problem with the neighbors tree that could damage your property the trunk is splitting and half of the treewill fall onto your garage, for example you should speak with the neighbor about the problem. He may be unaware of it andimmediately hire a good tree company to resolve the problem. In any event, after talking with him, write him a letter to confirmthe problem and your discussion, giving him a reasonable time to resolve the problem two weeks is usually OK. Send the letterto him by Registered Mail and send a copy to your insurance agent. If the tree then damages your property your insurance willcover you. Having a copy of the letter of prior notice will make it easier for your company to get reimbursed by the neighbor.

    If you see a potential problem but cannot speak with the neighbor or he refuses to do anything about his dangerous tree, then youmay resolve the problem best you can at your expense. Within reason you may prune limbs off to the sky or cut roots bydigging to China only on your side of the line. While doing this work to protect your property you or your tree service may notenter onto the neighbors property to reach the tree without his permission. You may not do so much work on the tree that you

    kill it or make it dangerous. For example, do not cut so many support roots or prune off so many limbs that the tree becomes off-balanced and likely to fall on the neighbors property. Confine your work only to those tree parts that directly endanger yourproperty or you could get yourself into a serious liability problem. Some people have been successful in recovering their costs bybilling the neighbor who might not have wanted the hassle of arranging for a tree service to do the work. It is worth a try!

    Those are the basic rules concerning trees near property lines. The most important thing to remember is that most neighbors re-solve problems by taking about them and cooperating. Having good neighbors is the key. And the best way to have goodneighbors is to be one yourself.

    v A teaspoon of forest soil may hold more than ten miles of fungi.vA raindrop falls at 15 mph and hits soil with a force equal to 10,000 tons of TNT exploding

    over 1 sq. mi.v Earthworms can digest up to 36 tons of soil /yr. /acre.v There are more than 23,000 different kinds of soil in the USA 99 in Hamilton County.

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    Education Newsby Gwen Roth, Education Specialist

    Jungle Jims Tour

    Education Specialist, Gwen Roth and Education Assistant, Michelle Brotherton,along with 14 other Soil and Water District Educators went on a tour of Jungle Jims

    International Farmers Marketto learn about food production and food origins. Didyou know fresh mozzarella cheese comes from a bison?? The tour was very interest-ing. Our tour guide, Debby, discussed where food came from, why Jungle Jimsbought from the farmers they did, and how to tell if an ugli fruit and blood orangewere ripe. We got to sample many different things, including grapefruit, jarlsbergcheese, wonderful cinnalicious bread, soy nut butter, nutella chocolate spread and peach salsa.

    Jungle Jims offers tours on many different topics to meet different audience needs. For more information on tours goto the Jungle Jims website (www.junglejims.com) and click on departments and then store tours. I would highlyrecommend it to anyone.

    Land Lab 2004

    Land Lab is a day-long environmental field experience for 5 th grade students. Tours will be taking place at AvonWoods Nature Center in North Avondale on May 11th 14th, 2004. Land Lab begins at 9:30 a.m. and ends at1:30 p.m. Experts from around the area will teach students about forestry, wildlife, soils, composting and water. Landlab is a hands-on experience for students to explore the outdoors and to provide them with ideas for future careers.All stations are geared to meet state science standards.

    Space is limited for this trip. The program is offered to Hamilton County schools and is free of charge (a $20.00 de-posit is required to hold your space and will be returned to you only if you attend Land Lab). Schools are responsiblefor providing their own transportation. For more information or to make a reservation, call Michelle Brotherton orGwen Roth at the Hamilton County Soil and Water Conservation District, 513-772-7645 .

    ________________________

    Environmental Education Council of Ohio (EECO) ConferenceCome join EECO at beautiful Deer Creek State Park for a weekend of exciting learning opportunities, fun networkingwith new and old friends, prizes, displays, and ideas abounding.

    For our 37th Annual EECO Conference, (Friday, April 2 Sunday, April 4, 2004) we are reaching across our statefrom Regions 1 to 12 to bring formal and non-formal educators together to learn the integrated lessons of environ-mental education. The conference will look back on the basic building blocks and ahead to the new opportunities inacademic standards and community partnerships in our classrooms, our parks, our camps, and our communities.

    Conference Strands:

    I. - Leap Frog the New Academic StandardsLearn exciting ways environmental education can help students improve skills with the new academic standards inthe classroom, nature centers, resident camps, park programs, wherever you teach. Provide good models for the new

    academic standards.

    II. - The Roots and Shoots of Environmental Education BasicsLooking for a refresher course or just curious about the birds and bees, here is your opportunity to explore the grassroots (literally) of environmental education.

    III. - Environmental Education in Partnerships - Planning and ProgramsLearn how environmental education can help build bridges, make ideas fly, and bring communities together.

    For more information, go to http://www.eeco-online.org/conference04/index.html

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    Not One-but two contests

    Hamilton County SWCD 2004 Photo Contest

    1. The theme of the 2004 photo contest is The Bounty From Our Soil. All high quality, color, close-up, mid-range, and

    landscape photographs of any food or fiber crop or products from Hamilton County will be considered.2. Individuals may submit up to three (3) color photographs for consideration. Digital images will beaccepted on disc and must be in a .jpeg format.

    3. There will be two age categories for submission. The Junior Category is for students below the ageof 19 & still attending secondary school. The Senior Category is age 19 or older. First prize in eachcategory is $100.00 and the second prize is $50.00.*

    4. Images will be judged on composition, technical excellence, originality, color and overall impact.Each entry will be blind judged as the name and location of the entrant will be hidden from the

    judges. The decisions of the judges are final5. In order to ensure the highest quality images for the cover of the Annual Report, the winning photog-

    raphers will be asked to provide a high-resolution file of their photograph(s).Deadline for submission is August 1, 2004. Mail your photographs with name address, daytimephone number and location of photo to Hamilton County SWCD, 29 Triangle Park Drive, Suite 2901,Cincinnati, Ohio 45246-3411.

    6. All winning photos become the property of Hamilton County SWCD.

    *A special thanks goes to The Brickman Group, LTD for sponsoring this contest!!

    Hamilton County SWCD 2004 Poster Contest

    The Hamilton County Soil and Water Conservation District will once again be sponsoring a Poster Contest. Thetheme is The Living Soil. Each child should also be encouraged to creatively express his/her ideas on How Conser-

    vation Improves Our Environment. Here are the rules: Posters must measure between 8 X11 and 22X28 Crayons, watercolors, markers or other methods of writing, printing or drawing may be used to create

    a flat or 2 dimensional effect. Posters must have the title The Living Soilincorporated somewhere into the artwork. Posters must be delivered to the Soil and Water Conservation District office by May 1, 2004. Please write students name, age, grade level, teachers name, school name, address and phone

    number on the back of each poster. Posters will be judged in the following categories: K-2, 3-5, 6-8, 9-12, based on the conservation

    message (50%), visual effectiveness (30%), originality (10%) and universal appeal (10%). The winning artist in each grade level category will receive $25.00, the supporting teacher will also

    receive a $25.00 gift certificate to Borders Books & Music. All county 1st and 2nd place posters will be entered into the area competition with the 1st and 2nd place

    winning posters going onto the state competition. All posters will become the property of the Hamilton County Soil and Water Conservation District.

    Any questions, please contact Gwen at [email protected] or 772-7645. Get those art supplies ready to goand show how our soil is alive.

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    Urban Conservationists Cornerby Dan Taphorn, Urban Conservationist

    What are Developers responsibilities regarding their Earthwork Inspections?

    Simply put the developer or representative is required to perform inspections on a weekly basis and within 24 hours after rainevents of one-half inch or greater in a twenty four hour period. All erosion and sediment control practices i.e. silt fence, sediment

    basins, storm drain inlet protection, and seeding & mulching, to name a few, are to be inspected and maintained. The inspectorneeds to be qualified i.e. understand how practices are properly installed and when and how to perform maintenance. Theinspector should perform the inspection by starting at the perimeter of the site paying particular attention to discharge points andlook at the color of the storm water leaving the site. After looking at the perimeter of the site the inspector should work their wayacross the site looking at each practice and document conditions such as sediment basin needing to be cleaned, silt fence beingblown out or undermined, or storm drain inlet protection creating problems. The inspector should write a brief reportdocumenting problems and conditions as well as how and when maintenance was performed. Yes, you do want to document theproblems, just because you have a problem with silt fence being blown out in an area or seeding washing out during a heavy raindoes not mean you are in violation of your permit. A site is considered to be in violation when practices have not been installedor maintained in a timely manner. The inspector should also be looking at overall site conditions to determine when additionalareas can be stabilized and where ongoing problems are occurring and if other alternatives can be implemented. When practicesrequire maintenance the maintenance shall be performed within three days, except sediment basins, which should be repairedwithin 10 days.

    If the inspection reveals that a control fails to perform as it was intended and that another control would be more appropriate theinspector needs to document these changes and install the new control within 10 days of the inspection.

    The NPDES Permit also states that the permittee shall maintain for three years following the submittal of Notice of Termination arecord summarizing the results of the inspection, names and qualifications of personnel making inspections, the dates of theinspections, major observations relating to the implementation of the SWP3 and a certification as to whether the facility is incompliance with the SWP3 and the permit and identify any incidents of non compliance. For further clarification of yourresponsibilities under the NPDES Permit a copy of the permit can be viewed and printed at: http://www.epa.state.oh.us/dsw/permits/final_constr_GP.html

    The District is available to provide training to your employees on installation and inspection of erosion and sediment controls, foradditional information contact Dan Taphorn at (513) 772 7645.

    _______________

    Erosion & Sediment Control Expo

    The Soil & Water Conservation Districts of Southwest Ohio are sponsoring a one day Erosion and Sediment ControlExpo on June 3, 2004, at the Warren County Career Center from 7:30 a.m. to 1:00 p.m. Cost is $30.00. The field day

    will include speakers from the Ohio EPA, the Natural Resources Conservation Service, Ohio Department of NaturalResources and a representative from the development community to discuss and answer questions regarding erosionand sediment control regulations and how it affects the construction industry. Participants will also be able tointerface with vendors of current erosion and sediment control products involving onsite product demonstrations.After April 15, 2004, you may call the District office 513-772-7645 or check our website: www.hcswcd.com toreceive information about the Expo and to receive a brochure.

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    Ohio Forestry Camp

    Do you know any teenager who resides in Hamilton County (15 years of age and who has completed the 8th grade)that would like to attend Forestry Camp? It is be held at Camp Muskingum, which is on Leesville Lake in CarrollCounty, June 13-18, 2004. Programs on forestry, tree identification, silviculture will be provided by resourceProfessionals. There is a deposit of $30.00 (to be paid by the attendee), and the camp fee is $190.00 (paid by theDistrict). Transportation must be provided by attendee. All the applicant must do is write a short essay to the Districton why he/she would like to attend the camp. Mail it to our office by May 1, 2004. Whoever is chosen will then fillout the application form and be all set to go enjoy the week. The District would also invite the applicant to our An-nual Meeting in September to give a short overview of their week at camp.

    Pond ClinicsWhen: April 7 & June 2, 2004Where: Fairfield Recreation Center2200 John Gray Road

    Fairfield, OhioTime: 6:00 p.m.

    Two pond clinics are being held this year sponsored by the Hamilton & Butler County SWCDs. For additional information ordirections, please call Hamilton County SWCD at 513-772-7645 or Butler SWCD at 513-887-3720.

    Ponds and Legal Liabilityby George Cummings, District ConservationistLiability is often a big concern for those who have a pondon their property. Does a pond create additional liabilityconcerns? Should a landowner take precautions to preventaccess to a pond? What if a child trespasses and drowns in apond?

    In Ohio, the answer to these questions depend generallyupon whether the landowner met his legal DUTY OFCARE to the person harmed by the pond. Ohio law placesa legal duty upon landowners (or possessors of property who

    may be tenants) to prevent harm to property visitors. If alandowner fails to meet the legal duty of care, the landownercould be liable for resulting harm.

    A newATTRACTIVE NUISANCE DOCTRINEin Ohiostates that a landowner has a duty to protect foreseeablechild trespassers from dangerous artificial conditions onthe property. Some courts in other states have held that hid-den or unusual dangers in or around the pond do createartificial conditions.

    Examples of situations considered to be hidden or unusualdangers are:-very steep banks that encourage slipping or preventa child from climbing out.

    -a deep hole in a seemingly shallow pond.-locating a pond near a populous village.-a diving board.

    If a landowner posts a sign to point out potentially dangerousconditions, he/she is trying to meet their duty of care by warningvisitors. Be aware however, that young children may not be ableto read or comprehend a sign. For this reason, a landownershould not rely solely on signs where children are at issue. Thelandowner should also consider using both written and visualsigns to span multiple reading levels. Educating neighbors,particularly parents with children is a good action a landownercan take to protect visitors from being harmed in a pond.

    For more information on Pond Liability, contact OSU-Extension,Hamilton County at 513-946-8989 for a copy of the Ohio StateUniversity Extension Fact Sheet PONDS AND LEGAL LI-ABILITY IN OHIO.

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    Board of Supervisors

    Thomas W. Reininger, ChairmanPatrick Arnette, Vice-ChairmanJoseph Allen, SecretarySteve Sandfort, TreasurerTimothy Boehmer, Program Chairman

    District Staff

    Holly Utrata-Halcomb, Administrator

    Barbara Connole, Adm. AssistantDan Taphorn, Urban ConservationistChey Alberto, Urban TechnicianGwen Roth, Education SpecialistMichelle Brotherton, Education Asst.Brian Bohl, Stream SpecialistMohammad Islam, Geotechnical Eng.Willie Potter, Design Technician

    NRCS

    John Williams, D.C.George Cummings, D.C.

    _______________

    All District programs are offered on anondiscriminatory basis without regardto race, color, national origin, religion,sex, age, marital status or handicap.

    Upcoming Events..

    April 7, 2004 and June 2, 2004: Two Pond Clinics are being sponsored byButler SWCD and Hamilton County SWCD. They will be held at the Fair-field Recreation Center, 2200 John Gray Road, in Fairfield, Ohio. Free tothe public. They begin at 6:00 p.m. For additional information or directions,please call either Butler SWCD, 513-887-3720, or Hamilton County SWCD,

    513-772-7645.

    Soil & WaterStewardship Week: April 25 to May 2, 2004. Programs onThe Living Soil are available. Call the District office for information.

    April 29, 2004: Little Miami River Watershed Symposium: Using Environ-mental Economics to Value Watershed Benefits. Sponsored by The LittleMiami River Partnership, The Ohio State University Extension and theUpper Little Miami and Caesar Creek Watershed. It will be held at GlenHelen Auditorium in Yellow Springs, Ohio. Please contact Stephanie Sim-stad, Ohio State Extension, Clermont County at 513-732-7070 [email protected]

    June 3, 2004: The Soil & Water Conservation Districts of Southwest Ohiois sponsoring a one day Erosion and Sediment Control Expo. More infor-mation is on page 6 of this newsletter.

    June 13-18, 2004: Ohio Forestry Camp. See inside this newsletter for moreinformation.

    Hamilton County Soil and WaterConservation District

    29 Triangle Park Drive, Suite 2901Cincinnati, Ohio 45246-3411

    Non-Profit OrganizationU.S. Postage

    PAIDPermit No. 3556Cincinnati, OH