Saturday, December 29, 2018

Episode 453 (12-31-18): Water and the New Year of 2019


Click to listen to episode (3:57).

Sections below are the following:
Transcript of Audio
Audio Notes and Acknowledgments
Photo
Sources
Related Water Radio Episodes
For Virginia Teachers (Relevant SOLs, etc.).


Except as otherwise noted, all Web addresses mentioned were functional as of 12-28-18.

TRANSCRIPT OF AUDIO

From the Cumberland Gap to the Atlantic Ocean, this is Virginia Water Radio for New Year’s week 2019.

MUSIC – ~15 sec

This week, music by Virginia high school students introduces a second annual year-opening look at how water is part of ringing in the New Year.  Have a listen for about 35 more seconds.

MUSIC - ~37 sec

You’ve been listening to part of “Renewal,” written and performed in spring 2017 by students at World Community Education Center in Bedford, Va., who were accompanied by members of the Blacksburg, Va.-based group Sweet Chalybeate.  In January 2017, Virginia Water Radio first explored how water is used as part of New Year renewals and celebrations.  As 2019 dawns, let’s count some more ways.

Shoreline restaurants and resorts from Florida to New England offer water-enhanced dining, dancing, fireworks, and games.  City-based business organizations, like Norfolk, Va.’s, Waterside District, host community celebrations.  The Potomac Riverboat Company embarks from the Alexandria, Va., city marina for cruises to view fireworks and Washington, D.C., monuments.  In a water-related alternative to dropping a ball to mark midnight, the Lake Eire town of Port Clinton, Ohio, marks the countdown by dropping a giant Walleye model.  Brazilians traditionally offer flowers to a goddess of the sea, or jump over seven waves for good luck while making wishes for the New Year.  And in Germany, the shapes created by dropping molten lead into water are believed to give a hint of one’s future.

Here’s hoping that your 2019 shapes up to be full of realized hopes and possibilities, sustained by plenty of good water.

Thanks to the students at World Community Education Center and to Sweet Chalybeate for permission to use this week’s music, and we close with a few more seconds of “Renewal.”

MUSIC - ~15 sec

SHIP’S BELL

Virginia Water Radio is produced by the Virginia Water Resources Research Center, part of Virginia Tech’s College of Natural Resources and Environment.  For more Virginia water sounds, music, or information, visit us online at virginiawaterradio.org, or call the Water Center at (540) 231-5624.  Thanks to Stewart Scales for his banjo version of Cripple Creek to open and close this show.  In Blacksburg, I’m Alan Raflo, thanking you for listening, and wishing you health, wisdom, and good water.

AUDIO NOTES AND ACKNOWLEDGEMENTS

“Renewal,” copyright 2017, was written and performed [in spring 2017] by high school students at World Community Education Center, an independent K-12 school in Bedford, Va., with instrumentals by Anne Elise Thomas and Dan Dunlap; used with permission.  More information about the school is available online at http://worldcommunityedu.org/.  More information about the group Sweet Chalybeate, which includes Anne Elise and Dan, is available online at http://www.sweetchalybeate.com/.  This music was featured was also used in Episode 435, 8-27-18.

Click here if you’d like to hear the full version (1 min./11 sec.) of the “Cripple Creek” arrangement/performance by Stewart Scales that opens and closes this episode.   More information about Mr. Scales and the group New Standard, with which Mr. Scales plays, is available online at http://newstandardbluegrass.com.

PHOTO

It’s not a Walleye, and it’s not dropping to mark midnight on New Year’s Eve as happens in Port Clinton, Ohio, but “Big Mouth Billy Bass” was a winter holiday feature at the Swinging Bridge Restaurant in Paint Bank, Va. (Craig County) on December 22, 2018.

SOURCES

Used for Audio

123NewYear.com, “New Year Traditions Around the World,” online at http://www.123newyear.com/newyear-traditions/.

Bookers International, “New Year’s Traditions in Rio, Brazil,” online at http://www.newyears-brazil.com/new-years-eve-traditions.asp.

Circle’s Waterfront Restaurant, Apollo Beach, Fla., “New Year’s Eve Fireworks,” online at https://circleswaterfront.com/entertainment/.

City of Norfolk [Va.] Waterside District, “NYE Live! Norfolk,” online at https://watersidedistrict.com/event/nye-live-norfolk/.

Crowne Plaza Hampton-Marina, Hampton, Va., “New Year’s Eve Masquerade Party,” online at https://www.eventbrite.com/e/new-years-eve-masquerade-party-tickets-52505312804?aff=ebdssbdestsearch.

Cuban Christmas Web site, “Traditional Cuban New Year’s Guide,” online at https://cuban-christmas.com/newyears.html.

Downtown Long Beach [Calif.] Alliance, “New Year’s Eve at the Waterfront,” online at https://downtownlongbeach.org/event/new-years-eve-at-the-waterfront/.

Lake Eire Shores and Islands, “New Year’s Eve Walleye Drop,” online at https://www.shoresandislands.com/local/events/new-year-s-eve-walleye-drop?id=16919.

Deena Prichep, “As the Lead Cools, Some See Their New Year Take Shape,” NPR, 12/17/13, online at https://www.npr.org/2013/12/28/257658037/as-the-lead-cools-some-see-their-new-year-take-shape.

Potomac Riverboat Company, “New Year’s Eve Fireworks Cruise,” online at https://www.potomacriverboatco.com/sightseeing-tours/new-years-fireworks-cruise/?loc=feat&1.

Sea Mist Oceanfront, Myrtle Beach, S.C., “New Year’s Eve Celebration 2018,” online at https://www.myrtlebeachseamist.com/packages/holiday-specials/new-years-celebration/.

Water’s Edge Resort and Spa, Westbrook, Conn., “Water’s Edge Rockin’ Eve—The Shoreline’s Premier New Year’s Party,” online at https://watersedgeresortandspa.com/event/new-years-eve-celebration-2/.

For More Information on New Year’s Traditions

City of Sydney, Australia, New Year's Eve Web site, “Boating,” online at http://www.sydneynewyearseve.com/boating/.

Den Haag Marketing, “New Year’s Dive,” online at https://denhaag.com/en/event/12728/new-year-s-dive.

Hindu New Year, online at http://hindunewyear.com/.

San Diego CoastKeeper, “10 Clean Water Resolutions for the New Year,” online at http://www.sdcoastkeeper.org/blog/other-green-thoughts/10-clean-water-resolutions-for-the-new-year.

Sputnik International, “Water Gods and Mango Leaves: India Celebrates Hindu New Year,” 4/8/16, online at https://sputniknews.com/asia/201604081037715620-hindu-new-year-festivals/.

Fred Tasker, “How do you ring in New Year’s? Perhaps it involves a door, a water bucket and grapes,” Miami Herald, 12/27/16, online at https://www.miamiherald.com/news/local/article123067969.html.

Tourism of Cambodia, “Must-visit New Year Water Festivals in Asia,” online at http://www.tourismcambodia.com/news/events/21941/must-visit-new-year-water-festivals-in-asia.htm.

Maria G. Valdez, “New Year’s Traditions: 8 Latin Customs to Ring in 2018,” Latin Times, 12/24/17, online at http://www.latintimes.com/new-years-traditions-8-latin-american-customs-ring-2018-429687.

Virginia Tourism Corporation/Virginia is for Lovers, “New Years Eve—Pony Island [Chincoteague, Va.] Horseshoe Drop & Costume Promenade,” online at https://www.virginia.org/listings/Events/NewYearsEvePonyIslandHorseshoeDropCostumePromenade/.

RELATED VIRGINIA WATER RADIO EPISODES

All Water Radio episodes are listed by category at the Index link above (http://www.virginiawaterradio.org/p/index.html).  See particularly the “Overall Importance of Water” subject category.

Following are links to previous New Year’s episodes.

For 2013Episode 142, 12/31/12 – Encore of John McCutcheon’s “Water from Another Time.”

For 2014Episode 195, 1/9/14 – Wading into the New Year, the New River, and Water Thermodynamics.

None for 2015

For 2016Episode 296, 12/28/15 – Setting a Course for 2016 with “On a Ship” by Kat Mills. 

For 2017Episode 349, 1/2/17 – Water for a World of New Years, Featuring “New Year’s Water” by Torrin Hallett. 

For 2018
Episode 401, 1/1/18 – Diving into 2018 with “Driving Rain” by Chamomile and Whiskey.

FOR VIRGINIA TEACHERS – RELATED STANDARDS OF LEARNING (SOLs) AND OTHER INFORMATION

The episode—the audio, extra information, or sources—may help with the following Virginia Standards of Learning (SOLs).

2013 Music SOLs

SOLs at various grade levels that call for “examining the relationship of music to the other fine arts and other fields of knowledge.”

2010 English SOLs

Reading Theme
8.5, 9.4, 10.4, 11.4 – symbols, imagery, figurative language, and other literary devices.

2015 Social Studies SOLs

World Geography Course
WG.3 – how regional landscapes reflect the physical environment and the cultural characteristics of their inhabitants.

Virginia’s SOLs are available from the Virginia Department of Education, online at http://www.doe.virginia.gov/testing/.

Following are links to Water Radio episodes (various topics) designed especially for certain K-12 grade levels.
Episode 250, 1-26-15 – on boiling, for kindergarten through 3rd grade.
Episode 255, 3-2-15 – on density, for 5th and 6th grade.
Episode 282, 9-21-15 – on living vs. non-living, for kindergarten.
Episode 309, 3-28-16 – on temperature regulation in animals, for kindergarten through 12th grade.
Episode 333, 9-12-16 – on dissolved gases, especially dissolved oxygen in aquatic habitats, for 5th grade.
Episode 403, 1-15-18 – on freezing and ice, for kindergarten through 3rd grade.
Episode 404, 1-22-18 – on ice on ponds and lakes, for 4th through 8th grade.
Episode 406, 2-5-18 – on ice on rivers, for middle school.
Episode 407, 2-12-18 – on snow chemistry and physics, for high school.

Monday, December 24, 2018

Episode 452 (12-24-18): A Year of Virginia Water Sounds and Music—2018 Edition


Click to listen to episode (5:46).

Sections below are the following:
Transcript of Audio
Audio Notes and Acknowledgments
Images

Related Water Radio Episodes
For Virginia Teachers (Relevant SOLs, etc.)


Except as otherwise noted, all Web addresses mentioned were functional as of 12-21-18.

TRANSCRIPT OF AUDIO

From the Cumberland Gap to the Atlantic Ocean, this is Virginia Water Radio for the week of December 24, 2018.

This week, we look back on 2018 with a medley of mystery sounds.  Have a listen for about 80 seconds, and see if you can identify these sounds from the past year of Virginia Water Radio.

SOUNDS - ~82 sec

If you guessed all these, you’re an H20 super-hero!  The sounds were [the following:]
ice skaters;
Virginia Tech graduate student Brynn O’Donnell discussing buried urban streams;
spring rain;
a Spring Peeper:
a Killdeer;
an American Toad:
Virginia high school students stating water issues of concern to them;
a Marsh Wren;
Virginia Tech freshwater mussel researcher Jess Jones during a mussel release into the Clinch River;
Krista Hodges of the Dan River Basin Association talking to elementary school children about Trout in the Classroom;
a Wood Duck; and
a Common Loon.

Thanks to Lang Elliott for the bird sounds, and to the various people mentioned for lending their voices to episodes this year.

I hope that during the year you heard lots of water-related sounds, especially the sounds of clean, adequate water; healthy aquatic life; and safe water fun.

We close out 2018 with a 90-second sample of music heard on Virginia Water Radio this year. Here are short excerpts of
“The Barns,” by Bob Gramann;
“Sandy Boys,” by Sara Grey;
“Find Your Mountain,” by The Steel Wheels;
“Prettiest Marsh,” by Teresa Whittaker;
“Solitude,” by Bob Gramann; and
“Renewal” by Sweet Chalybeate.

Thanks to these musicians for permission to use these pieces.  And to 2018: so long, soon, and thanks for the water!

MUSIC - ~87 sec

SHIP’S BELL

Virginia Water Radio is produced by the Virginia Water Resources Research Center, part of Virginia Tech’s College of Natural Resources and Environment.   For more Virginia water sounds, music, or information, visit us online at virginiawaterradio.org, or call the Water Center at (540) 231-5624.  Thanks to Ben Cosgrove for his version of “Shenandoah” to open and close the show.  In Blacksburg, I’m Alan Raflo, thanking you for listening, and wishing you health, wisdom, and good water.

AUDIO NOTES AND ACKNOWLEDGEMENTS

Click here if you’d like to hear the full version (2 min./22 sec.) of the “Shenandoah” arrangement/performance by Ben Cosgrove that opens and closes this episode.   More information about Mr. Cosgrove is available online at http://www.bencosgrove.com.

The sound of ice skaters was recorded on January 14, 2018, in Blacksburg; the sound was featured in Episode 404, 1-22-18.

Comments by Virginia Tech graduate student Brynn O’Donnell on her research on ghost streams”—streams underneath urban pavement—were featured in Episode 409, 2-26-18.

The spring rain sound was recorded on April 21, 2015, in Blacksburg, and the Spring Peeper was recorded March 13, 2010, in Blacksburg; these sounds were part of Episode 408, 2-19-18.

The sounds of the Killdeer, Marsh Wren, Wood Duck, and Common Loon were taken from the Stokes Field Guide to Bird Songs-Eastern Region CD set, by Lang Elliott with Donald and Lillian Stokes (Time Warner Audio Books, copyright 1997), used with permission of Lang Elliott, whose work is available online at the “Music of Nature” Web site, http://www.musicofnature.org/.  The sounds were used, respectively, in Episode 411, 3-12-18; 430, 7-23-18; 443, 10-22-18; and 445, 11-5-18.

The voices of Virginia students calling out water-resources issues of concern were recorded on April 21, 2018, at Kids Tech University Graduate School, conducted by Virginia Tech’s Biocomplexity Institute; these students were featured in Episode 418, 4-30-18.

Comments by Jess Jones, a freshwater mussel biologist with the U.S. Fish and Wildlife Service and the director of Virginia Tech’s Freshwater Mollusk Conservation Center, were recorded on July 13, 2018, during a release of hatchery-raised mussels into the Clinch River near Bennett Island in Russell County, Va.  The release was the focus of Episode 435, 8-27-18.  That episode was the last in a series of four episodes in August 2018 on freshwater mussel biology and restoration into Virginia rivers.

Comments by Krista Hodges, the education manager for the Dan River Basin Association, were recorded in February 2018 as part of Trout in the Classroom participation by Woolwine Elementary School in Patrick County, Va.; the program was the focus of Episode 439, 9-24-18.

“The Barns,” from the 2001 album “See Further in the Darkness,” is copyright by Bob Gramann, used with permission.  More information about Bob Gramann is available online at https://www.bobgramann.com/folksinger.html.  This music was used in Episode 444, 10-29-18.

The performance of “Sandy Boys” by Sara Grey, from the 2009 album also called “Sandy Boys,” is copyright by Fellside Records, used with permission.  More information about Sara Grey is available online at http://www.saragrey.net/.  This music was used in Episode 439, 9-3-18.

“Find Your Mountain,” from the 2015 album “Leave Some Things Behind,” is copyright by The Steel Wheels, used with permission.  More information about The Steel Wheels is available online at http://www.thesteelwheels.com/.  This music was used in Episode 425, 6-18-18.

“The Prettiest Marsh,” from the 2012 album and songbook “Singing the Chesapeake,” is copyright by Teresa Whitaker and Frank Schwartz, used with permission.  More information about Ms. Whitaker and Mr. Schwartz is available online at https://www.facebook.com/Teresa-Whitaker-Frank-Schwartz-162112866077/.  “Singing the Chesapeake” is songbook and album collection of songs by Tom Wisner, Mark Wisner, and Teresa Whitaker, published by Finding Home Productions, online at www.findinghomeproductions.com.  More information about Tom Wisner is available from the Smithsonian Folkways “Artist Spotlight” at http://www.folkways.si.edu/explore_folkways/tom_wisner.aspx.  This music was used in Episode 429, 7-16-18.

“Solitude,” from the 2000 album “That Squirrel Song,” is copyright by Bob Gramann, used with permission.  This music was used in Episode 437, 9-10-18.

“Renewal,” copyright 2017, was written and performed by high school students at World Community Education Center, an independent K-12 school in Bedford, Va., with instrumentals by Anne Elise Thomas and Dan Dunlap; used with permission.  More information about the group Sweet Chalybeate, which includes Ms. Thomas and Mr. Dunlap, is available online at http://www.sweetchalybeate.com/.  This music was used in Episode 435, 8-27-18.

A PHOTO SAMPLER FROM 2018

From Episode 409, 2-26-18. A branch of Stroubles Creek under Draper Road in Blacksburg, Va., February 10, 2018.


From Episode 411, 3-12-18: Kildeer Plover (now known as Killdeer) painting originally published between 1827 and 1838 by John James Audubon in Birds of America (plate CCXXV [225]), as reprinted in 1985 by Abbeville Press, New York. Photo taken March 7, 2018, from the reprint copy (no. 6 of 350 copies printed in 1985) owned by Special Collections of Virginia Tech Libraries.  Virginia Water Radio thanks Special Collections for permission to photograph their copy and for their assistance.


From Episode 418, 4-30-18: Participants in Kids Tech University Graduate School, conducted by Virginia Tech’s Biocomplexity Institute, April 21, 2018. Photos courtesy of Shernita Lee, used with permission.


From Episode 435, 8-27-18: Jess Jones, director of the Virginia Tech Freshwater Mollusk Conservation Center, spreading lab-raised mussels into the Clinch River in Russell County, Va., July 13, 2018.

RELATED VIRGINIA WATER RADIO EPISODES

All Water Radio episodes are listed by category at the Index link above (http://www.virginiawaterradio.org/p/index.html).

Previous “year of sounds/music” episodes are the following:
2017 – Episode 400, 12/25/17;
2016 – Episode 348, 12/26/16;
2015 – Episode 295, 12/21/15;
2014 – Episode 246, 12/29/14;
2013 – Episode 193, 12/23/13;
2012 – Episode 141, 12/17/12.

FOR VIRGINIA TEACHERS – RELATED STANDARDS OF LEARNING (SOLs) AND OTHER INFORMATION

The episode—the audio, extra information, or sources—may help with the following Virginia Standards of Learning (SOLs).

This episode may help with Virginia 2013 Music SOLs at various grade levels that call for “examining the relationship of music to the other fine arts and other fields of knowledge.”

The episodes listed and hyperlinked above under “Audio Notes and Acknowledgments” may help with various SOLs in Music, Science, and Social Studies.  For specific SOLs, please see the online show notes for each episode.

Virginia’s SOLs are available from the Virginia Department of Education, online at http://www.doe.virginia.gov/testing/.

Following are links to Water Radio episodes (various topics) designed especially for certain K-12 grade levels.
Episode 250, 1-26-15 – on boiling, for kindergarten through 3rd grade.
Episode 255, 3-2-15 – on density, for 5th and 6th grade.
Episode 282, 9-21-15 – on living vs. non-living, for kindergarten.
Episode 309, 3-28-16 – on temperature regulation in animals, for kindergarten through 12th grade.
Episode 333, 9-12-16 – on dissolved gases, especially dissolved oxygen in aquatic habitats, for 5th grade.
Episode 403, 1-15-18 – on freezing and ice, for kindergarten through 3rd grade.
Episode 404, 1-22-18 – on ice on ponds and lakes, for 4th through 8th grade.
Episode 406, 2-5-18 – on ice on rivers, for middle school.
Episode 407, 2-12-18 – on snow chemistry and physics, for high school.

Tuesday, December 18, 2018

Episode 451 (12-17-18): The Continuing Story of Defining the “Waters of the United States”


Click to listen to episode (4:29).

Sections below are the following:
Transcript of Audio
Audio Notes and Acknowledgments
Image
Extra Facts about the Nervous System
Sources
Related Water Radio Episodes
For Virginia Teachers (Relevant SOLs, etc.)


Except as otherwise noted, all Web addresses mentioned were functional as of 12-14-18.

TRANSCRIPT OF AUDIO

From the Cumberland Gap to the Atlantic Ocean, this is Virginia Water Radio for the week of December 17, 2018.

SOUND – ~6 sec

This week, that sound of a Red-winged Blackbird and other birds in a wetland in Blacksburg, Virginia, opens an episode about the legal status of wetlands and other kinds of waters under the federal Clean Water Act.  We’re revisiting a June 2015 episode on that topic, because a proposed change in relevant federal regulations was announced just last week.

First passed in 1972, the Clean Water Act’s main goal is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”  The Act states that it applies to “navigable waters,” defined as “waters of the United States, including the territorial seas,” and Section 404 includes wetlands in the waters where fill activities are to be regulated.

All waters covered by the Act are known as “jurisdictional waters,” and any polluting activities in such waters require a federal permit.  In 1986, the Army Corps of Engineers and the U.S. Environmental Protection Agency, or EPA, published regulations that applied the Act to several kinds of non-navigable waters—including tributaries and wetlands—that may affect traditional navigable waterways.  Many questions and legal challenges were raised over implementation of that definition and later regulations, and U.S. Supreme Court rulings in 2001 and 2006 generated more questions and issues of implementation.

In 2015, the Corps and the EPA under the Obama Administration published a new regulation with a revised definition of the waters of the United States.  Several states and interest groups challenged that regulation in court, claiming it went beyond what Congress authorized in the Clean Water Act.  As of early December 2018, that regulation was in effect in only 22 states, the District of Columbia, and U.S. Territories, while under preliminary court injunctions in the other 28 states [according to the background information included in the 2018 rule proposed by the Trump administration].

On December 11, 2018, the Corps and the EPA under the Trump Administration announced a proposed new regulation to revise again the definition of waters of the United States.  Essentially, the new proposal would add restrictions to the types of wetlands and other non-navigable waters covered by the Act, while aiming to make it easier for landowners to determine whether their property contains a jurisdictional water or not.

As was true with the 2015 regulation, one can reasonably expect that the 2018 proposal will generate more chapters of interpretation, discussion, disagreement, and litigation in the story of the waters of the United States.

We close with some music about rainfall, because rain is an obvious driver of where and when the landscape has water that may, or may not, be covered by the Clean Water Act.  Here’s about 20 seconds from “Driving Rain,” by the Nelson County, Va.-based group Chamomile and Whiskey.

Music - ~ 21 seconds

SHIP’S BELL

Virginia Water Radio is produced by the Virginia Water Resources Research Center, part of Virginia Tech’s College of Natural Resources and Environment.  For more Virginia water sounds, music, or information, visit us online at virginiawaterradio.org, or call the Water Center at (540) 231-5624.  Thanks to Stewart Scales for his banjo version of Cripple Creek to open and close this show.  In Blacksburg, I’m Alan Raflo, thanking you for listening, and wishing you health, wisdom, and good water.

AUDIO NOTES AND ACKNOWLEDGEMENTS

This Virginia Water Radio episode updates and adds to Episode 269, 6-8-15.

The bird sounds heard in this episode were recorded at near a seasonal pond in Heritage Park in Blacksburg, Va., April 9, 2017.

“Baldcypress Swamp,” from the 2004 album “Virginia Wildlife,” is copyright by Timothy Seaman and Pine Wind Music, used with permission.   The “Virginia Wildlife” album was a collaboration between Mr. Seaman and the Virginia Department of Game and Inland Fisheries.  More information about Timothy Seaman is available online at http://www.timothyseaman.com/.  “Baldcypress Swamp” was also used in Virginia Water Radio episodes 151 (3-4-13) and 319 (6-6-16).

“Driving Rain,” from the 2012 album “The Barn Sessions,” is copyright by Chamomile and Whiskey and by County Wide Records, used with permission.  More information about Chamomile and Whiskey is available online at http://www.chamomileandwhiskey.com/, and information about Charlottesville-based County Wide records is available online at http://countywidemusic.worldsecuresystems.com/.  “Driving Rain” was featured in Virginia Water Radio episode 401 (1-1-18).

Click here if you’d like to hear the full version (1 min./11 sec.) of the “Cripple Creek” arrangement/performance by Stewart Scales that opens and closes this episode.  More information about Mr. Scales and the group New Standard, with which Mr. Scales plays, is available online at http://newstandardbluegrass.com.

IMAGES

What does the definition of “waters of the United States" say about the following areas?


A seasonal pond near Toms Creek, a New River tributary, in Heritage Park in Blacksburg, Va. (Montgomery County), April 9, 2017.


Salt marsh at Wachapreague, Va. (Accomack County), October 6, 2007.


Dry (at the time) area of cattails and other wetland plants in Frog Level, Va. (Tazewell County), July 13, 2018.


Mountain Lake (much reduced from traditional lake level) in Giles County, Va., May 17, 2008.


Stormwater runoff in a residential field in Blacksburg, Va. (Montgomery County), September 26, 2016.

EXTRA FACTS ABOUT DEFINITIONS OF “WATERS OF THE UNITED STATES”

Below are some key differences between the 2015 “Waters of the United States” rule (or regulation) and definition published under the Obama administration and the December 2018 proposed rule by the Trump administration, according to information accessed on December 12, 2018. I n the notes below, “jurisdictional water” refers to traditional navigable waters or waters otherwise defined in regulations as covered by the Clean Water Act.

Source for 2015 regulation under the Obama administration:
Federal Register, “Clean Water Rule: Definition of the ‘Waters of the United States,’” 6/29/15, online at https://www.federalregister.gov/documents/2015/06/29/2015-13435/clean-water-rule-definition-of-waters-of-the-united-states.  A PDF of the published rule is available at this link: https://www.gpo.gov/fdsys/pkg/FR-2015-06-29/pdf/2015-13435.pdf; the definition language of Part 328.3 starts on page 37104 of the Federal Register item, which is page 52 of the PDF version. 

Source for December 2018 proposed new regulation under the Trump administration:

U.S. Environmental Protection Agency (EPA), “Revised Definition of ‘waters of the United States’—Proposed Rule,” online at https://www.epa.gov/wotus-rule/revised-definition-waters-united-states-proposed-rule.  A PDF of the proposed rule is available at this link: https://www.epa.gov/sites/production/files/2018-12/documents/wotus_2040-af75_nprm_frn_2018-12-11_prepublication2_1.pdf; the definition language of Part 328.3 starts on page 185 of the PDF.   The Trump administration will publish this rule in the Federal Register in late 2018 or early 2019, after which the proposed rule will undergo a public comment period.  Following public comment, the rule would again need to be published in the Federal Register as a final rule.

Brief Summary of Four Key Changes in the 2018 Proposed Regulation
1) Would remove from coverage streams that flow only in direct response to precipitation, known as ephemeral streams.
2) Would remove provisions for specific waters being determined to be covered on a case-by-case basis if the waters have a “significant nexus” to a jurisdictional water, under a term and concept stated in concurring opinion by U.S. Supreme Court Justice Anthony Kennedy in the 2006 Rapanos v. United States case.
3) Would restrict the waters that can be covered on the basis of being considered “adjacent” to jurisdictional waters.
4) Would remove from coverage wetlands that are separated from a jurisdictional water.

Additional Details
A. Both the 2015 rule and the 2018 proposed rule define “navigable waters” as “waters of the United States, including the territorial seas.”

B. The 2015 rule’s list of waters includes waters used now, in the past, or potentially for commerce; interstate waters including interstate wetlands; territorial seas; impoundments of waters of the United States; tributaries (as defined in the rule) of waters of the United States; waters “adjacent” (as defined in the regulation) to waters of the United States’ five specifically identified kinds of water features if they are identified on a case-by-case basis to have a “significant nexus” to waters of the United States; and waters within the 100-year floodplain of certain jurisdictional waters, or within 4000 feet of certain jurisdictional waters, if they are identified to have a significant nexus to certain jurisdictional waters.

C. The proposed 2018 rule’s list includes waters used now, in the past, or potentially in commerce; tributaries (as defined in the rule) of waters used for commerce; certain defined ditches (for example, Eire Canal); lakes and ponds that contribute perennial or intermittent flow to water used for commerce; impoundments of jurisdictional waters; and wetlands “adjacent” (as defined in the rule) to jurisdictional.

D. The 2015 rule defines tributary to a jurisdictional water as “characterized by the presence of the physical indicators of a bed and banks and an ordinary high water mark.”  The 2018 proposal defines tributary as having “perennial or intermittent flow” in a “typical year” (“normal range of precipitation over a rolling thirty-year period” for the area).  The 2018 proposal specifically excludes “ephemeral” waters, that is, “surface water flowing or pooling only in direct response to precipitation.”

E. The 2015 rule defines “adjacent” as “bordering, contiguous, or neighboring” jurisdictional waters, waters connecting jurisdictional waters, and adjacent waters at the head of a jurisdictional water. “Neighboring” was defined to mean “within 100 feet of the ordinary high water mark,” or “within the 100-year floodplain and not more than 1500 feet from the ordinary high water mark” of jurisdictional waters, and an entire water is included if any part of it meets the “neighboring” definition.  The 2015 rule specifically includes waters physically separated from a jurisdictional water by constructed dikes, natural river berms, beach dunes, and “the like,” if the water otherwise fits the definition of adjacent (bordering, contiguous, or neighboring).

F. The 2018 proposed rule includes only “adjacent wetlands.” The definition of “adjacent” does not include “neighboring.”  The proposal specifically excludes wetlands “physically separated” from other jurisdictional waters by a dike or similar structure and lacking a direct hydrologic surface connection to a jurisdictional water..

G. As noted above in point B., the 2015 regulation’s definition includes waters “determined on a case-by-case basis to have a significant nexus” to a jurisdictional water, if so identified by a “significant nexus analysis.”  The “significant nexus” term was coined and applied by U.S. Supreme Court Justice Anthony Kennedy in a concurring opinion in the 2006 Rapanos v. United States case.  The 2015 rule applies “significant nexus” to five specific types of wetlands or pools and to waters in the 100-year floodplain of a jurisdictional water and to waters within 4000 feet of the high tide line or ordinary high water mark of a jurisdictional water.  The 2015 rule defines “significant nexus” as that a water or wetlands “either alone or in combination with other similarly situated waters in the region, significantly affects the chemical, physical, or biological integrity of” certain jurisdictional waters.  The 2018 proposal includes no mention of “significant nexus” or of any case-by-case analysis.

*Both the 2015 rule and the 2018 proposal specifically exclude from the definition of “waters of the United States” the following: waste-treatment systems, groundwater, prior converted cropland (unless the area is allowed to revert to a wetland), stormwater-control features, wastewater-recycling structures on dry land, artificially irrigated areas that would be dry without irrigation, constructed lakes and ponds created in dry land, and water-filled depressions in dry land incidental to mining or construction.

SOURCES

Used for Audio

Megan Boian for American Rivers, “Jurisdictional Waters under the Clean Water Act,” 8/28/15, online at https://www.americanrivers.org/2015/08/jurisdictional-waters-under-the-clean-water-act/.

Coral Davenport, Trump Prepares to Unveil a Vast Reworking of Clean Water Protections, New York Times, 12/10/18.

Federal Register, “Clean Water Rule: Definition of the ‘Waters of the United States,’” 6/29/15, online at https://www.federalregister.gov/documents/2015/06/29/2015-13435/clean-water-rule-definition-of-waters-of-the-united-states.  This site has the text of the final rule published by the Obama Administration. For the actual language of what was included in the “Waters of the United States” definition, see Part 328, starting on Federal Register page 37104.  A PDF of the published rule is available at this link: https://www.gpo.gov/fdsys/pkg/FR-2015-06-29/pdf/2015-13435.pdf; the definition language of Part 328.3 starts on page 52 of the PDF version.

U.S. Environmental Protection Agency (EPA), EPA and Army Propose New “Waters of the United States” Definition, 12/11/18 news release.

U.S. Environmental Protection Agency (EPA), “Proposed Revised Definition of WOTUS [Waters of the United States]—Factsheets,” online at https://www.epa.gov/wotus-rule/proposed-revised-definition-wotus-factsheets.

U.S. Environmental Protection Agency (EPA), “Summary of the Clean Water Act,” online at https://www.epa.gov/laws-regulations/summary-clean-water-act.

U.S. Environmental Protection Agency (EPA), “Waters of the United States (WOTUS) Rulemaking,” online at https://www.epa.gov/wotus-rule.  This site has a link to a PDF of the rule being proposed by the Trump administration (as announced on December 11, 2018), online at https://www.epa.gov/sites/production/files/2018-12/documents/wotus_2040-af75_nprm_frn_2018-12-11_prepublication2_1.pdf; the definition language of Part 328.3 starts on page 185 of the PDF.

Virginia Department of Conservation and Recreation/Natural Heritage Program, “Natural Communities of Virginia,” November 2018, online at http://www.dcr.virginia.gov/natural-heritage/natural-communities/.

Ariel Wittenberg, EPA to scale back WOTUS definition, Greenwire, 12/6/18; Trump administration redefines WOTUS, Greenwire, 12/11/18; Reactions swift to WOTUS rewrite, E&E Daily, 12/12/18; and Legal analysis, not science, drives WOTUS stream protections, E&E News PM, 12/11/18. Greenwire, E&E Daily, and E&E News PM are publications of Environment and Energy Publishing, http://www.eenews.net/; a subscription is required for online access to these publications.

Virginia Water Resources Research Center/Water Central News Grouper, Clean Water Act Jurisdiction and the “Waters of the United States” is Focus of “Clean Water Rule” Announced May 27, 2015, by U.S. EPA and Army Corps of Engineers, and Proposed for Repeal by Trump Administration in June 2017; last updated November 2017.  This post has background and details on the Obama administration rule that the Trump administration’s proposed rule would replace.

For More Information about the Clean Water Act or the 2015 Rule

Annie Snider, In major shift, new rule excludes some wetlands, ponds, Greenwire, 5/28/15. Greenwire is a publication of Environment and Energy Publishing, http://www.eenews.net/; a subscription is required for online access.

New York Times, Obama Announces New Rule Limiting Water Pollution, 5/27/15.

PBS NewsHour, “Why farmers are concerned about EPA’s new rules on protected water,” 5/29/15, 7 min./4 sec. video, online at http://www.pbs.org/newshour/bb/farmers-concerned-epas-new-rules-protected-water/.

U.S. Army Corps of Engineers/Regulatory Programs and Permits, online at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.

Wetland Studies and Solutions (Gainesville, Va.,), “Waters of the U.S.: New Definition Proposed,” 12/11/18, online at https://www.wetlands.com/vol26no9-wotus-definition; and “EPA & COE Redefine Which Wetlands and Streams are Federally Regulated,” Field Notes, 6/2/15, online at http://archive.wetlandstudies.com/newsletters/2015/june/WOTUS.html.

RELATED VIRGINIA WATER RADIO EPISODES

All Water Radio episodes are listed by category at the Index link above (http://www.virginiawaterradio.org/p/index.html).  See particularly the “Community/Organizations” subject category.

Following are links to other episodes on the Clean Water Act.
Episode 269, 6/8/15 – a previous look at “waters of the United States.”
Episode 380, 8/7/17 – Natural Gas Pipelines, Water Resources, and the Clean Water Act.

FOR VIRGINIA TEACHERS – RELATED STANDARDS OF LEARNING (SOLs) AND OTHER INFORMATION

The episode—the audio, extra information, or sources—may help with the following Virginia Standards of Learning (SOLs).

2013 Music SOLs

SOLs at various grade levels that call for “examining the relationship of music to the other fine arts and other fields of knowledge.”

2010 Science SOLs

Grades K-6 Earth Resources Theme
6.9 – public policy decisions related to the environment (including resource management and conservation, land use decision, hazard mitigation, cost/benefit assessments).

Earth Science Course
ES.8 – influences by geologic processes and the activities of humans on freshwater resources, including identification of groundwater and major watershed systems in Virginia.
ES.10 – ocean processes, interactions, and policies affecting coastal zones, including Chesapeake Bay.

Biology Course
BIO.8 – dynamic equilibria and interactions within populations, communities, and ecosystems; including nutrient cycling, succession, effects of natural events and human activities, and analysis of the flora, fauna, and microorganisms of Virginia ecosystems.

2015 Social Studies SOLs

Virginia Studies Course
VS.10 – knowledge of government, geography, and economics in present-day Virginia.

Civics and Economics Course
CE.6 – government at the national level.
CE.10 – public policy at local, state, and national levels.

World Geography Course
WG.2 – how selected physical and ecological processes shape the Earth’s surface, including climate, weather, and how humans influence their environment and are influenced by it.

Government Course
GOVT.7 – national government organization and powers.
GOVT.9 – public policy process at local, state, and national levels.
GOVT.15 – role of government in Va. and U.S. economies, including examining environmental issues and property rights.

Virginia’s SOLs are available from the Virginia Department of Education, online at http://www.doe.virginia.gov/testing/.

Following are links to Water Radio episodes (various topics) designed especially for certain K-12 grade levels.
Episode 250, 1-26-15 – on boiling, for kindergarten through 3rd grade.
Episode 255, 3-2-15 – on density, for 5th and 6th grade.
Episode 282, 9-21-15 – on living vs. non-living, for kindergarten.
Episode 309, 3-28-16 – on temperature regulation in animals, for kindergarten through 12th grade.
Episode 333, 9-12-16 – on dissolved gases, especially dissolved oxygen in aquatic habitats, for 5th grade.
Episode 403, 1-15-18 – on freezing and ice, for kindergarten through 3rd grade.
Episode 404, 1-22-18 – on ice on ponds and lakes, for 4th through 8th grade.
Episode 406, 2-5-18 – on ice on rivers, for middle school.
Episode 407, 2-12-18 – on snow chemistry and physics, for high school.

Monday, December 10, 2018

Episode 450 (12-10-18): Neurons, Ions, and Water, Featuring “Pack of Neurons” by Bob Gramann


Click to listen to episode (4:08).

Sections below are the following:
Transcript of Audio
Audio Notes and Acknowledgments
Image
Extra Facts about the Nervous System
Sources
Related Water Radio Episodes
For Virginia Teachers (Relevant SOLs, etc.)


Except as otherwise noted, all Web addresses mentioned were functional as of 12-7-18.

TRANSCRIPT OF AUDIO

From the Cumberland Gap to the Atlantic Ocean, this is Virginia Water Radio for the week of December 10, 2018.

MUSIC – ~ 11 sec

This week, in a revised version of a December 2011 episode, that music sets the stage for describing some biochemical and electro-chemical aspects of the water-based environment inside of us.  Have a listen for about 45 more seconds.

MUSIC – ~47 sec

You’ve been listening to part of “Pack of Neurons,” by Bob Gramann of Fredericksburg, Va., on his 2008 album, “Mostly Live.”  According to Mr. Gramann, the title “Pack of Neurons” was inspired by the use of that phrase in The Astonishing Hypothesis, a 1994 book by Francis Crick on human consciousness.   Dr. Crick shared the 1962 Nobel Prize in Physiology or Medicine with James Watson and Maurice Wilkins for their discoveries of the structure of the DNA molecule.

Mr. Gramann’s song is a light-hearted look at the fundamental role of neurons, or nerve cells, in transmitting the electrical impulses that control humans’ mental and physical processes.  Those nerve impulses are transmitted along neurons by changes in the concentration of electrically-charged atoms of sodium and potassium. Water is vital as the solvent for those charged atoms, known as ions.  And not just in neurons, but in all biological cells, a water-based solution is the medium in which biochemical substances exist and react. In words from 1970 by famous chemist Linus Pauling,  “One of the most striking properties of water is its ability to dissolve many substances,” and “solutions are very important kinds of matter—important for industry and for life.”

Thanks to Bob Gramann for permission to use this week’s music, and we close with about 15 more seconds of “Pack of Neurons.”

MUSIC – ~ 15 sec

SHIP’S BELL

Virginia Water Radio is produced by the Virginia Water Resources Research Center, part of Virginia Tech’s College of Natural Resources and Environment.  For more Virginia water sounds, music, or information, visit us online at virginiawaterradio.org, or call the Water Center at (540) 231-5624.  Thanks to Ben Cosgrove for his version of “Shenandoah” to open and close the show.  In Blacksburg, I’m Alan Raflo, thanking you for listening, and wishing you health, wisdom, and good water.

AUDIO NOTES AND ACKNOWLEDGEMENTS

This Virginia Water Radio episode revises and replaces Episode 93, 12-19-11.

“Pack of Neurons,” from the 2008 album “Mostly Live,” is copyright by Bob Gramann, used with permission.  Bob Gramann’s Web site is http://www.bobgramann.com/.

Click here if you’d like to hear the full version (2 min./22 sec.) of the “Shenandoah” arrangement/performance by Ben Cosgrove that opens and closes this episode.  More information about Mr. Cosgrove is available online at http://www.bencosgrove.com.

IMAGE

Diagram of a neuron. Image from the National Institutes of Health/National Cancer Institute, “SEER Training Modules: Introduction to the Nervous System—Nerve Tissue,” online at https://training.seer.cancer.gov/anatomy/nervous/.

EXTRA FACTS ABOUT THE HUMAN NERVOUS SYSTEM

The following information is quoted from National Institutes of Health/National Cancer Institute, “SEER Training Modules: Review: Introduction to the Nervous System,” online at https://training.seer.cancer.gov/anatomy/nervous/review.html, as of 12/7/18.

*The nervous system is the major controlling, regulatory, and communicating system in the body. It is the center of all mental activity including thought, learning, and memory.

*The various activities of the nervous system can be grouped together as three general, overlapping functions: sensory, integrative, and motor.

*Neurons are the nerve cells that transmit impulses.  Supporting cells are neuroglia.

*The three components of a neuron are a cell body or soma, one or more afferent processes called dendrites, and a single efferent process called an axon.

*The central nervous system consists of the brain and spinal cord.  Cranial nerves, spinal nerves, and ganglia make up the peripheral nervous system.

*The afferent division of the peripheral nervous system carries impulses to the CNS; the efferent division carries impulses away from the CNS.

*There are three layers of meninges around the brain and spinal cord.  The outer layer is dura mater, the middle layer is arachnoid, and the innermost layer is pia mater.

*The spinal cord functions as a conduction pathway and as a reflex center.  Sensory impulses travel to the brain on ascending tracts in the cord. Motor impulses travel on descending tracts.

SOURCES

Used for Audio

Stewart W. Holmes, “You are Nothing but a Pack of Neurons,” ETC: A Review of General Semantics, Vol. 51, No. 4 (Winter 1994-95), pages 406-412, accessed online at https://www.jstor.org/stable/42577594?seq=1#metadata_info_tab_contents (subscription may be needed for access).

Nobel Media AB, “The discovery of the molecular structure of DNA—the double helix,” Sept. 30, 2003, online at http://educationalgames.nobelprize.org/educational/medicine/dna_double_helix/readmore.html.

Linus Pauling, General Chemistry, Dover Publications, New York, N.Y, 1970).  The quotations used in this episode are found on page 447.

Publishers Weekly, “Review of The Astonishing Hypothesis: The Scientific Search for the Soul, by Francis Crick,” Jan. 3, 1994, online at https://www.publishersweekly.com/978-0-684-19431-8.

University of Bristol (England), School of Medical Sciences, “Brain Basics: The Fundamentals of Neuroscience,” online at http://www.bris.ac.uk/synaptic/basics/basics-0.html.

Scott K. Powers and Edward T. Howley, Exercise Physiology: Theory and Application to Fitness and Performance, 8th Edition, McGraw-Hill, New York, N.Y., 2012.  See particularly pages 142-148, “Organization of the Nervous System.”

For More Information about the Human Nervous System

Eric Cudler, “Neuroscience for Kids,” online at https://faculty.washington.edu/chudler/neurok.html.

National Institutes of Health/National Cancer Institute, “SEER Training Modules: Introduction to the Nervous System,” online at https://training.seer.cancer.gov/anatomy/nervous/.

RELATED VIRGINIA WATER RADIO EPISODES

All Water Radio episodes are listed by category at the Index link above (http://www.virginiawaterradio.org/p/index.html).  See particularly the “Science” subject category.

Following are links to other episodes related to water and the human body.

Episode 259, 3/30/15 – on Virginia college student research on avian malaria.
Episode 278, 8/17/15 – on bioluminescence, including its use in cancer research.
Episode 287, 10/26/15 – on the human skeletal system.
Episode 290, 11/16/15 – on Virginia college student research on antibiotic resistance.
Episode 392, 10/30/17 – on the human circulatory system.
Episode 393, 11/6/17 – on influenze.

FOR VIRGINIA TEACHERS – RELATED STANDARDS OF LEARNING (SOLs) AND OTHER INFORMATION

The episode—the audio, extra information, or sources—may help with the following Virginia Standards of Learning (SOLs).

2013 Music SOLs
SOLsat various grade levels that call for “examining the relationship of music to the other fine arts and other fields of knowledge.”

2010 Science SOLs
Grades K-6 Living Systems Theme
5.5 – cell structures and functions, organism classification, and organism traits.

Grades K-6 Matter Theme
6.5 – properties and characteristics of water.

Life Science Course
LS.3 – cellular organization, including cells, tissues, organs, and organ systems.

Physical Science Course
PS.2 – nature of matter, including elements and compounds, states of matter, physical and chemical properties.

Biology Course
BIO.2 – water chemistry and its impact on life processes.
BIO.4 – life functions (including metabolism and homeostasis) in different organism groups, including human health, anatomy, and body systems.

Chemistry Course
CH.6 – chemical properties in organic chemistry and biochemistry.

Virginia’s SOLs are available from the Virginia Department of Education, online at http://www.doe.virginia.gov/testing/.

Following are links to Water Radio episodes (various topics) designed especially for certain K-12 grade levels.

Episode 250, 1-26-15 – on boiling, for kindergarten through 3rd grade.
Episode 255, 3-2-15 – on density, for 5th and 6th grade.
Episode 282, 9-21-15 – on living vs. non-living, for kindergarten.
Episode 309, 3-28-16 – on temperature regulation in animals, for kindergarten through 12th grade.
Episode 333, 9-12-16 – on dissolved gases, especially dissolved oxygen in aquatic habitats, for 5th grade.
Episode 403, 1-15-18 – on freezing and ice, for kindergarten through 3rd grade.
Episode 404, 1-22-18 – on ice on ponds and lakes, for 4th through 8th grade.
Episode 406, 2-5-18 – on ice on rivers, for middle school.
Episode 407, 2-12-18 – on snow chemistry and physics, for high school.