The Key Points

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• Issued 01/13/21 during the height of covid and any public hearings were impacted as a result of the pandemic

• To allow treated wastewater to be discharged to a new surface body of water, being French Creek in Custer State Park

• Degrading the water quality in French Creek is allowed by this permit - only receiving approval after a "socioeconomic review and public comment." No public comments were received, as no one was notified other than a small public notice in a local paper, during the height of covid.

• It is agreed that the WWTP should be upgraded to improve discharge, it is NOT agreed that the existing discharge location of Flynn Creek should be replaced by a flawed plan to dump in Custer State Park's French Creek.

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An actual notice to the persons potentially affected, to elicit public participation, was NOT COMPLETED.

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• French Creek is used by residents and visitors for fishing, swimming, wading, and other recreation

• DANR (Department of Agriculture & Natural Resources) did NOT consider immersion (swimming) as one of the uses when setting discharge limits despite the fact that French Creek is frequently used for swimming and at times, baptisms.

• Discharge limits will degrade the creek's water quality

  • Contaminants increased to levels above anti-degradation levels.  Raising ammonia levels 3 -7 times the current ammonia load to French Creek.

  • Under certain conditions ammonia levels at or above 2mg/L can be TOXIC to trout​, and

  • Ammonia levels above 1.5mg/L can be TOXIC to trout eggs

• Eutrophication: excessive richness of nutrients in water due to runoff. Causes dense plant growth & impacts to aquatic wildlife from lack of oxygen.

  • decreases biodiversity​

  • changes to species dominance

  • loss of water transparency

  • off-putting odor & color

  • increase in phytoplankton growth (toxic & inedible)

  • changes in species composition

• French Creek is the original site of gold discovery in the Black Hills and runs through Custer State Park, which brings in over 2 million visitors every year.

• French Creek provides water & refuge to a huge amount of wildlife throughout the Black Hills and Custer State Park. Bison, pronghorn, deer, raccoon, beaver, marmot, turtles, chipmunks, squirrels, multiple bird species including heron, eagles, osprey, hawks, & magpie…along with a beautiful population of naturally reproducing brown & brook trout. 

• French Creek is a prime draw to Blue Bell Lodge, The Centennial Trail, French Creek Horse Camp, The Wildlife Loop, as well as multiple campgrounds  and hiking trails.

• French Creek is used by locals and visitors of all ages for: wading, fishing, picnicking, swimming, bird-watching, photography, pondering, grounding, and re-setting with nature.

• Social & Economic Impacts were NOT evaluated for the impacts of the discharge to French Creek, landowners, or tourism located directly downstream of the discharge.

• While the decision to not select Beaver Creek was summarized as:

  • “However, local landowners and downstream tourist attractions would experience a stream of wastewater that may cause unwanted socioeconomic impacts. Therefore, this alternative was not chosen”

• The Socioeconomic Evaluation of moving waste water discharge to French Creek was never “evaluated” by the DANR or any other entity for thoroughness or accuracy, because there were no public comments from an unaware public.

• Custer State Park, Blue Bell Lodge and over 90 residents & landowners with drinking wells are downstream from the proposed French Creek discharge.

• However, none of these concerns would apply to Flynn Creek, which is NOT a cold-water trout stream, nor a location for residential drinking wells, or any major location of the Black Hills' tourist industry.

• In order to allow the degradation of a water body, a socioeconomic assessment MUST support the decision. 

• "For Outfall 004A, it was determined that effluent discharge limits for ammonia-nitrogen (as N) proposed in the draft permit WILL cause a change in water quality. A change in water quality is allowed only if the PUBLIC determines there is a socioeconomic benefit.

• HOW DID THE PUBLIC MAKE THIS DETERMINATION?​

• It is clear that the lack of response is solely due to the posting of only one small public notice in a publication that less than 1/4 of the local population might ever see, let alone realize the need for action.​

• Directly affected landowners were never consulted by DGR (contracted engineering firm) or the City.

• Even though the contract states a requirement by the consulting firm was to reach out to ALL residence…..this is not accomplished by DANR placing an ad in the paper.

• The DGR's (DGR = contracted engineering firm) plan compares the building of the French Creek discharge station to an estimate for "Potential Future Replacement" of the pipeline at Flynn Creek. 

  • This is an inaccurate consideration as only a 2.7 mile section of​ pipe needs replacement, not the entire 8.1 miles of force main.

• The cost to upgrade only the 2.7 mile section is comparable to installing the 3.5 miles pipe to French Creek.

• The true long-term cost of the project was not considered

• Flynn Creek has plenty of capacity to handle future population growth in Custer, especially with updated pumps to improve efficiency.

• FLOW CONCERNS

  • The gauge used to calculate discharge limits into French Creek is located 22 miles downstream from the actual discharge location. These readings have been proven to NOT represent the stream flow at the wastewater discharge location.​

  • This skewed flow data means that degradation will likely be greater & potentially exceed surface water quality standards.

• An Environmental Assessment states that, "No significant negative direct or indirect impacts are expected from the CONSTRUCTION activity of the proposed project." However, NO Environmental Assessment was ever conducted on the potential impacts of WWTP DISCHARGE to French Creek.

• This makes no sense. Who will be responsible?

• OPTION 1:  Continue to Flynn Creek

• Continue to discharge to the current Flynn Creek location. Upgrade the pumps with variable speed drives to greatly reduce the stresses on the discharge piping (Most of the previous failures have occurred in the approximately 8,000 feet of pipe that has already been upgraded.​)

• OPTION 2:  Continue to Flynn Creek

• Continue to discharge to the current Flynn Creek location.  Upgrade the 14,170 feet of FRFP pipe where the failures have occurred.  Also upgrade the pumps with variable speed drives to greatly reduce the stresses on the system, improve efficiency and overall reliability fo the system.  These costs would be very similar to the costs of the French Creek option.

• OPTION 3:  Include Wetland Treatment

• Create a wetland treatment system to provide a higher quality of treated wastewater.  Locate the wetland at the golf course location and pump all effluent to the golf course or at the treatment facility. After the overflow is treated through the engineered wetland, then flow into the creek above Stockade Lake. Neither option would require the construction of additional pipeline for discharge.