Fascinating issue. My brothers and I had some good times working construction in the Hay Creek drainage back in the 70s.
Bismarck-area landowners protest dumping of possibly 'contaminated' groundwater
BISMARCK — A drain tile system intended to bring flood relief to homeowners' basements in the Hay Creek Pines subdivision, located 6 miles northeast of Bismarck, has downstream landowners protesting the diversion of possibly contaminated groundwater to their property.
Alton Nitschke and his wife, Arlene, who are concerned about the quality and quantity of water that will be discharged onto their land, are appealing a permit that the Burleigh County Water Resource District granted to itself for a drainage project meant to remove excessive groundwater from the subdivision.
The Nitschkes, who own about 40 acres of land and have lived south of Hay Creek Pines for 24 years, say the groundwater has been polluted by coliform and other contaminants. The presence of coliform bacteria is an indicator of water contamination by feces and sewage, according to the National Ground Water Association.
"You're going to ruin our land, but nobody cares," Arlene Nitschke said, in tears, at last week's BCWRD meeting.
"We know there are some toxic bacteria in this water. You can tell just by looking at it ... it doesn't look right. At this point, I don't think it's something that should be put above ground," said Alton Nitschke, who expressed concern his land will turn to alkali due to the contaminated groundwater.
Alkali soils have high levels of salt, injuring plants by disrupting the uptake of water into the roots and interfering with the uptake of competitive nutrients, according to the North Dakota State University Extension Service. Also, high levels of sodium restrict the soil's capacity to hold water. Ultimately, the soil turns white.
"We have some of the best soil in Burleigh County, I'm told, and this would destroy that," Alton Nitschke said.
The BCWRD tested water samples from four wells and one sump pump, but the Nitschkes allege the tests did not include all essential attributes. The five basic items to be tested, per the U.S. Department of Agriculture, are nitrates, sulfates, phosphates, E. coli and coliform. The latter two were not tested by the county.
The sampling was done by Braun Intertec in conjunction with Houston Engineering, with testing done by Pace Analytical Laboratories in Billings, Mont.
One of the tested wells had a sulfate reading of 5,680. A safe level for consumption by livestock is from 500 to 1,000, according to the NDSU Extension Service.
The Nitschkes no longer own livestock, but say they're concerned that groundwater that could kill sheep, cows and horses will be discharged onto their land. For irrigation and outside watering purposes, the couple uses water from a well. They pay for rural water for personal consumption.
"Based on the projected quantity of discharges, the sulfate levels are not a concern," said Michael Gunsch, project manager of Houston Engineering. "There are flows on Hay Creek in other locations, without such projects, that have elevated sulfate levels. Sulfates are naturally occurring in the soils."
In addition, three of the five samples registered at a total dissolved solids level of 9,000 or more. A level of 3,000 is considered "satisfactory" for most livestock, according to the NDSU Extension Service.
Using one of the same test wells, the Nitschkes tested for coliform and E. coli in the groundwater, sending their sample to Minnesota Valley Testing Laboratories Inc. Results show coliform was present, though E. coli was not found.
"As for coliform and E. coli, they exist naturally within the creek," Gunsch said.
The Nitschkes allege that the BCWRD refused to test murky groundwater collected from one of the test wells.
"They did not test anything that was going to be bad rapport for them," Arlene Nitschke said.
Another concern for the Nitschkes is the quantity of water that will be "dumped" on their property.
"It's going to be ponding in two locations on our land, year round," Alton Nitschke said. "We have a huge number of trees we are concerned about if this causes water tables to rise near our house."
The Hay Creek Pines Groundwater Removal Project is intended to lower groundwater levels in the subdivision by providing an avenue for the water to more readily leave.
The project's aim is to improve the stability of the road bed in and around Hay Creek Pines, reduce sump pump operations in homes, protect structures and reduce the drowning of trees.
"When the subdivision was being developed, the developer told homeowners, 'Don't put in a basement,'" Arlene Nitschke said. "They did anyway, and now they're out there watering their lawns and wondering why there's water in their basements."
As far as the project status is concerned, BCWRD is proceeding to acquire the necessary easements at this time. The project was approved May 2, with 97 percent of the Hay Creek Pines voters favoring it. An assessment district has been established and $555,100 worth of specials will be spread out evenly among the 35 landowners.
"We have looked long and hard at what the Century Code says about drain tile permitting — what we can and can't do. We are very limited," said BCWRD Board Chairman Greg Larson. "They made it very clear that, if there is someone downstream who is being harmed by this project, their only recourse is the courts and that's the way the Century Code is written.
"Our hands are tied," he said. "I'm very sorry this has happened the way it has."
The Nitschkes said they are unsure, at this point, whether or not they will take legal action.
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http://www.wday.com/news/4345756-bi...est-dumping-possibly-contaminated-groundwater
Bismarck-area landowners protest dumping of possibly 'contaminated' groundwater
BISMARCK — A drain tile system intended to bring flood relief to homeowners' basements in the Hay Creek Pines subdivision, located 6 miles northeast of Bismarck, has downstream landowners protesting the diversion of possibly contaminated groundwater to their property.
Alton Nitschke and his wife, Arlene, who are concerned about the quality and quantity of water that will be discharged onto their land, are appealing a permit that the Burleigh County Water Resource District granted to itself for a drainage project meant to remove excessive groundwater from the subdivision.
The Nitschkes, who own about 40 acres of land and have lived south of Hay Creek Pines for 24 years, say the groundwater has been polluted by coliform and other contaminants. The presence of coliform bacteria is an indicator of water contamination by feces and sewage, according to the National Ground Water Association.
"You're going to ruin our land, but nobody cares," Arlene Nitschke said, in tears, at last week's BCWRD meeting.
"We know there are some toxic bacteria in this water. You can tell just by looking at it ... it doesn't look right. At this point, I don't think it's something that should be put above ground," said Alton Nitschke, who expressed concern his land will turn to alkali due to the contaminated groundwater.
Alkali soils have high levels of salt, injuring plants by disrupting the uptake of water into the roots and interfering with the uptake of competitive nutrients, according to the North Dakota State University Extension Service. Also, high levels of sodium restrict the soil's capacity to hold water. Ultimately, the soil turns white.
"We have some of the best soil in Burleigh County, I'm told, and this would destroy that," Alton Nitschke said.
The BCWRD tested water samples from four wells and one sump pump, but the Nitschkes allege the tests did not include all essential attributes. The five basic items to be tested, per the U.S. Department of Agriculture, are nitrates, sulfates, phosphates, E. coli and coliform. The latter two were not tested by the county.
The sampling was done by Braun Intertec in conjunction with Houston Engineering, with testing done by Pace Analytical Laboratories in Billings, Mont.
One of the tested wells had a sulfate reading of 5,680. A safe level for consumption by livestock is from 500 to 1,000, according to the NDSU Extension Service.
The Nitschkes no longer own livestock, but say they're concerned that groundwater that could kill sheep, cows and horses will be discharged onto their land. For irrigation and outside watering purposes, the couple uses water from a well. They pay for rural water for personal consumption.
"Based on the projected quantity of discharges, the sulfate levels are not a concern," said Michael Gunsch, project manager of Houston Engineering. "There are flows on Hay Creek in other locations, without such projects, that have elevated sulfate levels. Sulfates are naturally occurring in the soils."
In addition, three of the five samples registered at a total dissolved solids level of 9,000 or more. A level of 3,000 is considered "satisfactory" for most livestock, according to the NDSU Extension Service.
Using one of the same test wells, the Nitschkes tested for coliform and E. coli in the groundwater, sending their sample to Minnesota Valley Testing Laboratories Inc. Results show coliform was present, though E. coli was not found.
"As for coliform and E. coli, they exist naturally within the creek," Gunsch said.
The Nitschkes allege that the BCWRD refused to test murky groundwater collected from one of the test wells.
"They did not test anything that was going to be bad rapport for them," Arlene Nitschke said.
Another concern for the Nitschkes is the quantity of water that will be "dumped" on their property.
"It's going to be ponding in two locations on our land, year round," Alton Nitschke said. "We have a huge number of trees we are concerned about if this causes water tables to rise near our house."
The Hay Creek Pines Groundwater Removal Project is intended to lower groundwater levels in the subdivision by providing an avenue for the water to more readily leave.
The project's aim is to improve the stability of the road bed in and around Hay Creek Pines, reduce sump pump operations in homes, protect structures and reduce the drowning of trees.
"When the subdivision was being developed, the developer told homeowners, 'Don't put in a basement,'" Arlene Nitschke said. "They did anyway, and now they're out there watering their lawns and wondering why there's water in their basements."
As far as the project status is concerned, BCWRD is proceeding to acquire the necessary easements at this time. The project was approved May 2, with 97 percent of the Hay Creek Pines voters favoring it. An assessment district has been established and $555,100 worth of specials will be spread out evenly among the 35 landowners.
"We have looked long and hard at what the Century Code says about drain tile permitting — what we can and can't do. We are very limited," said BCWRD Board Chairman Greg Larson. "They made it very clear that, if there is someone downstream who is being harmed by this project, their only recourse is the courts and that's the way the Century Code is written.
"Our hands are tied," he said. "I'm very sorry this has happened the way it has."
The Nitschkes said they are unsure, at this point, whether or not they will take legal action.
- - - Updated - - -
http://www.wday.com/news/4345756-bi...est-dumping-possibly-contaminated-groundwater
