San Jacinto River Group Creates 'Web' Home Page
by Terri Juneau
Lake Houston Sun
May 9, 1996
While most "river rats" would argue the likelyhood, surfers from
across the state and even the world are landing on the San Jacinto River,
discovering it's beauty as well as it's plagues.
Their waves are linked documents and their boards are computers.
They surf for information. They surf for fun. An now, thanks to a local
computer hobbyist, they can see and learn about the river from hundreds,
even thousands of miles away via a new San Jacinto River Association
home page on the World Wide Web.
Within the last few years, the WWW has become one of the most
popular ways to access Internet resources. Using software such as
"browsers" and an Internet provider, multimedia documents (text, graphics,
audio and animation) with links to related documents can be created and
explored.
Banana Bend resident Mike Taylor says he created the Association's
page to bring attention to the river and the grass-roots organizations
efforts to protect and enhance it.
He wanted it to be a contact point where those interested could
"rally around the river" to exchange information and "pull together."
"I think it is an extremely powerful tool for networking,
especially for the smaller environmental groups," says Taylor. Located at
http://www.neosoft.com/users/m/mtaylor/sjra.htm, the page includes an
introduction to the non-profit group, it's objectives and future goals,
local news articles, aerial photographs, river levels and weather forcasts,
documents related to geology of the river, an environmental guide for
personal watercraft operation, links to area environmental resourses, and
even one to Taylor's personal home page.
Taylor, who says he began working with computers after high school,
created the Association's page about eight months ago, and continuously
update's it. Jeni Taylor, Patsy Goss and a few other Association members
act as "reporters," he says, gathering the information and photos that
he scans into the computer.
Anyone with recreational photographs at least 10 to 20 years old,
news articles or other historical data relating to the river is asked to
contact him at (713) 843-2413.
"Once I find something new, it's posted," says Taylor
The page has been accessed or "hit" upon, about 2000 times already,
he says. Geology students from the University of Houston, biology students
from Texas A&M, and numerous high school students responded by e-mail
with questions and comments.
Congressman Ken Bentsen's staff uses the pages for reference,
Taylor says, and environmental including the Sierra Club have also
contacted him.
"They read the articles and are having the same problems, such as
sediment contamination and pollution discharge from industries," says
Taylor. "They're curious how we are fighting it as a grass-roots
organization."
Taylor says he even received e-mail from former residents familiar
with the river who now live in Austin, Dallas and elsewhere, and comments
from people in countries including Australia, Japan and England.
I'd love to see more people in the (local) area get out there and
get on it," says Taylor
Although many, especially students, are interested, Taylor says
often people seemed "spooked" by the Internet and are reluctant to learn.
"They think it's all complex and spooky out there,and it's really
not," he says. "It's really geared for novices and newcomers. If you have
the right software, it's a piece of cake."
Taylor recommends beginning with a commercial service such as
America Online, which generally offers free software and trial usage.
"For the person who just wants to dabble in it, to see what's out
there, it's the perfect way to get started," he says.
State, federal government should share barge removal
Editorial
Lake Houston Sun
May 9, 1996
Legal nets are intricate and omnipresent in today's society: We
have ordinances, regulations, laws, bylaws, codes, ad infinitum.
We also have a multitude of governmental bureaus and workers who
can oversee just about every disturbance to the public equilibrium
imaginable.
Occasionally, however, something still manages to slip through Big
Papa Government's cracks -- and when it does, people may get angry and
confused.
Abandoned barges on the lower San Jacinto River between Highlands
and Rio Villa are just such crack-slippers.
They are, in short, big chunks of river garbage and they're not
really anyone's responsibility. Yet, they're everyone's problem, too and
a unique one at that.
For these barges almost, but do not quite, fulfill a number of
environmental, health, safety or legal criteria which might put tax dollars
to work for their removal.
But they don't. No dollars are set aside for barge removal, much
as we might imagine or wish so.
The original litterers have long since absconded into an international
fog which reportedly ends in Hong Kong. The only bonafide culprit, and
let's not forget who started it, is gone.
The Coast Guard, indeed has the authority to remove the barges. But
the local Marine Safety Office of the Coast Guard does not, as best we
know, have the authority to remove the barges. Authority, yes. Responsibility?
Absolutely not.
The barges are a terrible eyesore, but they do not represent a
hazard to commercial navigation.
Nor are the seven vessels located at Mule Shoe Hole apparently
any kind of environmental hazard. It is these seven which some residents
seem most concerned about as eyesores and recreational hazards, two
obviously important concerns.
Stronger federal laws are being formulated to ensure barges require
more permanent identification. This is excellent.
The Coast Guard has tried to find the owners of the seven barges
near Highlands, but the trail has long since grown cold.
We must remember that the damage with the barges was really done
years ago whn they were abandoned by their unidentified operators and left.
In future, we, the public, must be more vigilant about commercial
shipping traffic which operates on our waterways. If a company leaves one
of these "500 ton trash cans" on the river,we must report it to the Coast
Guard quickly -- not years later.
It merely says the Guard "may" remove them. It should surprise
no one that the Coast Guard is not jumping to spend the estimated $4
million it would cost to remove the barges when Congress seems poised to
pay the bill.
Until the barges are removed, however, people who use the San
Jacinto River recreationally need to be wary of the dangers. Motor boaters,
especially need to be careful.
PArtly because one of the chief dangers to the public is to
recreational boaters, we believe the state has some role in helping fund
the removal of the barges.
The Coast Guard should indeed coordinate the removal of the barges.
But the Coast Guard should not be expected to pay for the job, nor be
blamed for lacking the funds to clean up this rather big mess.
State Rep. Fred Bosse puts it well: "There is enough blame to go
around for everybody."
With the owners evidently not identifiable, the federal government
has the main role in paying for the barge removal.
We praise Congressman KEn Bentsen's efforts in securing special
funding for this.
But let's also remember: The Coast Guard says about 1,200 such barges
exist nationwide and the number is growing. At about $150,000 a pop to
remove, that's about $180 million. We best have compelling reasons to
justify spending that kind of sum.
Bosse, others continue looking for owners of abandoned barges
by Bill Broun
Lake Houston Sun
May 9, 1996
Last week, state Rep. Fred Bosse has high hopes that the government
has finally located the owners of several abandoned barges in the Lower San
Jacinto River.
He based those hopes on rumors about a pending lawsuit against a
barge company by a water skier injured last summer.
Hearsay about the lawsuit was skipping across the San Jacinto river
like dozens of flat stones.
If a defendant could be named, so the logic went, then liability
might be established for the barges.
Bosse was excited. In fact, lots of people got excited.
As it turns out, the lawsuit by Crosby resident Luke Latino against
Parker Borthers and Houston Barge Line, Inc was dismissed March 8 in district
court.
Ant the trail to the barges' real owners appears, once again,
ice cold.
Thus it appears Bosse, despite months of hard work, is no closer to
finding the owners of the barges which have caused such a stir among local
residents, politicians and the media.
Bosse, along with the Coast Guard, U.S. Rep. Ken Bentsen (25th
district), Precinct 2 County Commissioner Jim Fonteno and Baytown Mayor Pete
Alfaro, Bosse (128th Texas District), has been trying for months to find
parties responsible for abandoning 22 barges in prime recreational waters of
the San Jacinto River.
San JAcinto River association activists also want to find the barge
owners. Residents in the local environmental group say the barges are
eyesores and possible safety hazards.
The Coast Guard, which has the authority to dispose of the barges,
says it cannot afford the estimated $4 million that removal would cost.
Texas Parks and Wildlife, whose dredging permits indirectly allowed
these barges to make an appearance north of the Ship Channel, doesn't have
the money either, guesses Bosse.
And although Bentsen has gone before Congress to ask for special
funding for the Coast Guard, most everybody agrees that getting the owners
to pay for removal is the best solution.
The owners are financially responsible for removing the barges,
according to the Abandoned Barge Act 0f 1992. But enforcement of the Act,
according to a Coast Guard spokesman in Washington, has been unclear. The
White House's Office of Management and Budget is exploring how it could be
funded.
Pinpointing the companies which have done dredging in the San
Jacinto is a matter of public record, says Bosse.
Dredgers must get permits from Texas Parks and Wildlife. But the
dredgers do not necessarily own the barges. They simply lease the vessels,
says Bosse.
"Everybody knows that Parker Lafarge (a Houston Company) was
involved in some dredging activities," says Bosse. "But that doesn't
mean they owned the barges."
In 1988 Parker Lafarge bought a concrete manufacturing division
of the dredging company Parker Brothers, according to Parker Lafarge
spokesman PAt Strader.
And that, says Strader, is Parker Lafarge's only connection to
Parker Brothers.
If Bosse learns what company left the Barges at the site, he will
pass the information on to the Coast Guard, which has the power to levy a
fine and make the owner financially responsible for removal of the vessel.
Refinery wins permit to release wastewater
by Bill Dawson
Houston Chronicle
May 16, 1996
Exxon's Baytown refinery won a new state permit to discharge
industrial wastewater to Galveston Bay on Wednesday after charging that
County Officials had been "meddlesome" in urging stricter requirements.
The Texas Natural Resourse Conservation Commission voted 3-0 to
grant Exxon's new permit, rejecting appeals for stronger controls by
Harris County, the environmental group Texans United and the TNRCC's
public interest council.
But TNRCC staff's executive director sided with Exxon.
Besides the technical issues, recent talks leading to the vote
included a disagreement over the role of the county, which offered
recommendations late in the permit application process.
In an April 25 argument to the TNRCC, Exxon said the county was
making "meddlesome suggestions" about the discharge permit.
"It is deeply troubling," Rob Barrett, director of the Harris
County Pollution Control Department, responded in an April 30 letter,
"that Exxon's lawyers characterize the comments of the local government
agency primarily responsible for protecting public health from pollution
as 'meddlesome.'"
Exxon's previous permit expired in 1994.
A major issue before the tNRCC was the plant's practice of
sometimes mingling untreated wastes with it's stormwater discharge into
Galveston Bay.
The TNRCC staff director initially said the refinery's "combined
sewer system" for wastewater and stormwater would continue to pollute the
bay in violation of state law.
That allegation was dropped last year when Exxon agreed to pay a
$600,000 fine for violations involving storage, handling and disposal of
hazardous wastes at the refinery.
Texans United continued to oppose the mingling of plant waste
water with stormwater, and Harris County joined that opposition this
spring.
The county Pollution Control Department urged the TNRCC "to focus
on better environmental solutions" and to order Exxon to study whether
it could feasably stop "using the storm sewer as a chemical sewer."
Exxon argued that it's prior discharge violations resulted from
excessive precipitation with lttle environmental harm and that recent
plant improvements have reduced the chance of recurrences.
An Exxon spokesman said the company was pleased by the commissioners'
decision, adding tht since 1994, the refinery has "voluntarily and reliably"
operated under stricter draft permit requirements.
Texans United director, Rick Abraham, charged the new permit "will
allow and encourage even more discharges of untreated wastes to our public
waters," and that the vote by the three appointees of Gov. George W. Bush
indicated they will "not get tough with corporate polluters."
Texans United is pursuing a federal lawsuit against Exxon related
to the company's discharges.
To meet their stated goal of minimizing untreated discharges of
Exxon's polluted stormwater, the commissioners ordered that such discharges
be allowed only after 6 inches of rainfall in the previous 27 days. County
officials must receive prompt notification.
The county had argued that similar industrial plants can retain
8 to 13 inches of stormwater that falls over 24 hours. The TNRCC's public
interest council recommended that Exxon be required to retain water from
a 6 inch rainfall over 24 hours.
Exxon argued that industrial dewer systems that combine or only
partly separate wastewater and stormwater "are prevalent throughout
the Texas Gulf Coast area including Harris County."
Scientist study serious effects of 'Gender Benders'
by Mark Jaffe
Knight-Ridder Tribune News
May 15, 1996
Cancer has, for decades, been "the" threat when it came to
environmental pollution. But research is now starting to show that an even
greater risk may be the disruption of the body's hormones by man-made
chemicals.
Studies have already indicated that these chemicals, known as
endocrine disruptors, can play havoc with sexual developement in
laboratory animals and wildlife.
After pesticides were accidentally spilled into a Florida lake, for
example, male alligator hatchlings showed elevated estrogen levels and
abnormally small phalluses.
In England, male trout living downstream from a sewage treatment
plant were found to be producing a protein used in making eggs -- only
female fish are supposed to produce that protein.
Such conditions have earned these compounds the nickname "gender
benders."
"There is clear evidence wildlife has been affected," said Michael
Gallo, a toxicologist at the Environmental Health Sciences Institute at
Rutgers University. "The question is, are they having any effect on humans?"
It is a potentially serious question for endocrine disruptors are
found throughout the environment. They are ingredients in paints,
detergents, plastics and herbicides. Some of the most notorious toxins --
like DDT, PCB's and dioxin -- are also disruptors.
There are also naturally occuring chemicals that can act as
disruptors in wheat, berrys, nuts, cow's milk and other food stuffs.
Traces of these compounds have been detected in fish swimming
in the Great LAkes and in human breast milk.
"There isn't anyone born on the planet today who has not had some
fetal exposure," said John Peterson Myers, a co-author of Our Stolen
Future, a book chronicling the risks of these chemicals.
Concern over the impact of the chemicals has been heightened by
studies that found:
- Declining sperm count in men during the last 20 years. The studies,
based on samples from sperm banks, showed a drop of 30% to 45%
- A rise in breast, testicular and prostate cancers -- organs that are
all linked to hormonal development.
- Health problems in the children of women exposed to high levels of
estrogenic chemicals. These include women who took the synthetic estrogen
DES to prevent miscarriages, women in the Great Lakes region who ate PCB
tainted Salmon and Taiwanese women who usedcooking oils laced with PCB's
"The scientific evidense ... is of concern," said Lynn Goldman, a senior
official with the Environmental Protection Agency. "But we don't think
this should be a cause for panic for the public. We are not saying that
people should throw away away their plastic or that women should stop
breast-feeding. We are not saying that people should change their lives."
Some scientist and policy analysts caution, however, that data
are still sketchy and that the risks of endocrine disruptors may be hyped.
"It's a hypothesis masquerading as a fact," said Rutgers' Gallo.
"It's a good working hypothesis, but people are overstating the case
We've got a long way to go before we can link it to specific diseases."
Stephen Safe, a toxicologist at Texas A&M University, points out
that humans have been exposed to many of these compounds naturally for
generations and that the man made chemicals are barely detectable. Safe
calculates that the man-made chemicals make up less than 1/1000 of 1% of
all the estrogen like substances to which a person is exposed. The rest
come from natural compounds in the foods people eat.
"There is a tendency to come upon a new risk and make it a solution
to unexplained problems," said Lorenz Rhomberg, a professor at the Harvard
University Center for Risk Analysis.
For example, Rhomberg said, every time a new environmental problem
has been identified -- ozone depletion, global warming and now endocrine
disruptors -- it has been linked to the puzzling worldwide decline of
frogs and other amphibians. "There is this desire to find 'the' solution
to a problem," he said, "...but when dealing with the environment,
sometimes it it more complicated. There may be no single answer."
Rhomberg, however, does not dismiss the potential threat of
endocrine disrupting chemicals. "There are some real issues here," he
said. "The magnitude of their impact on te population as a whole has to
be worked out."
There is little dispute that certain chemicals -- some man made,
some found in nature -- can act as hormone mimics in cell cultures and
lab animals.
The endocrine system helps regulate development and body functions
through hormones that are released from glands and travel through the
blood. These chemical messengers trigger activity in cells to do things
as diverse as create sexual organs and generate more heat for the body.
But in laboratory tests, researchers have found that endocrine
disruptors can scramble cell activity.
They can initiate the wrong reactions or the right reactions at
the wrong time. They can also thwart cell reactions that should take place.
Often it takes just infinitesimal amounts of the disruptors to have
an effect, particularly in developing fetuses. There is also ample evidence
that these same chemicals have had an adverse affect on wildlife. In 1980,
there was a massive spill of dicofol, a DDT tainted pesticide in LAke
Apopka, a large lake near Orlando, Florida.
Six years later, biologists began to notice that the aligators
living in the lake were having reproductive problems. There were large
numbers of unhatched eggs, and those animals that did hatch has abnormal
sex organs. Particularly hard hit were the male alligators. The dominant
sex hormone in their systems was estrogen, not testosterone, and as the
hatchlings matured the penises of the males were markedly reduced in size.
In the Great Lakes regeon, the chemicals DDT and PCB's have been
linked to birth deformities in bald eagles. Tests have shown that two
durable chemicals are lingering in the environment, even though they have
been banned for 20 years. They are being absorbed into the food chain and
then concentrated in the larger animals. The fish consumed by the eagles,
research showed, were heavily contaminated.
"There is no question that there have been effects on wildlife,"
said Texas A&M's Safe.
The question is what effect, if any, have these chemicals had on
humans? There the data is not as clear, the debate more intense and the
questions still unanswered.
Is a trace exposure the same as a massive one? Can the diferent
chemicals be sorted out? And can the adverse impacts on wildlife be
extrapolated to humans?
Consider the vast array of chemicals that are able to lock into
the estrogen receptor. "Molecules of all shapes and sizes, man made and
natural, seem to fit, but that doesn't mean they are all the same," said
John Katzenellenbogen, a University of Illinois chemist.
In fact, the potency and effect vary greatly. "Some compounds are
weakly active .. others can be 10 million times more potent," said
Katzenellenbogen, "but they all fit."
In addition, when they lock in, some promote cell activitys, while
others inhibit it. It has been theorized that a small amount of some of
these chemicals may be benificial, because it may block dangerous promoters.
Katzenellenbogen pointed out that what is considered a healthy
human diet "contains large quantities of weak estrogenic substances." These
substances are found in grains, nuts and berries.
Researhers theorize that these plants produce these pseudo-
estrogenic substances as natural birth control chemicals to limit the
population of grazers that feed on the plants.
"Some species may be much more sensitive to hormonally active
compounds," Rutgers' Gallo said. "For instance, we know that alligators are
exquisitely sensitive to estrogens."
"Human diets are so varied, lifestyles are so varied," Gallo said.
"A blue heron eats the same thing every day... I'm not sure that is a good
comparison with humans."
In addition, some of the studies have shown possible human impacts--
such as the decline in male sperm counts -- are still being debated.
"New studies on sperm counts have shown mixed data," Safe said.
"Sperm counts are declining in France and Denmark, but are up in New York
and San Francisco. So is this a widespread problem or a geographic problem?"
Miller's "History of Highlands" featured
by Gilbert Hoffman
Star-Courier Staff
HIGHLANDS-- Author Vern E. miller will be featured speaker at this weeks
Greater Highlands Chamber of Commerse luncheon, meeting at noon Thursday
at the Highlands Community Center.
Miller has just completed and published his first book, "Highlands-
Lynchburg Area History", almost 200 pages about the origins and legends
surounding this San Jacinto River area.
Miller spent almost two years researching and writing his book. Much
of the source material was available previously, at the Stratford Branch
Library, the Chamber of Commerse office, and the files of the Highlands Star
newspaper and the Baytown Sun.
Miller has also added his own interviews, and letters and papers of
local citizens interested in preserving history.
Some of the authors include Nancy Meador, of the Highlands Art
League, Annie Thach Doss, Mary W. Roper, Roy and Pauline Cutbirth, PAt Mann,
Capt. Calvin Evans, Morris Nelson Hall, Wanda Orton, and others.
A particularly nice addition to the book are the pen and ink
sketches of most of the important buildings or landmarks of the area, drawn
by and contributed by the Highlands Art League. The Art LEague published
these sketches in a popular calender series, with history, for several
years. However the calenders are no longer issued and the league does not
currently meet.
Miller typeset most of the book himself, made copies and then had
the covers printed by B&B Printing of Highlands, and the binding done
professionally. He is currently selling the book for $10.00.
They may be purchased at B&B PRinting, Olde Cedar Inn, and Bev's
Bookstore in Highlands. In addition, Highlands State Bank has indicated
they will host an autograph party and author's reception in the near future.
Readers interested in Highland's history will find a wide realm
of stories in Miller's book. He starts with the indians and Spanish Friers,
around 1750. Then in 1822 Nathanial Lynch settled in the area near the
present ferry, and our modern history began.
Also about this time the White family settled further up river near
what is now know as White's Cemetary. The book covers the period from 1902
to 1926, when the town was known as Elena. Then it continues with the rice
farms and the fig orchards, and mentions the leaders of that day, Harry
Johnson, Tyrell and Garth of Baytown, and the Hares of Crosby.
One particularly intereting section relates the time Elvis Presley
played at the old Riverview Inn, and stayed with family in Highlands.
Also covered is the history of our own railroad, or interurban, the
Houston Northshore Railroad, that ran on what is now the Missouri PAcific
tracks up until 1961.
A complete listing of residents from 1949 is included, in the form
of a city directory listing about 1200 households by name and address.
Vern E. Miller, a deputy in Constable James Douglas' Precinct 3,
says that he plans to expand and update the History in the future. But for
now he has written a runaway success!
Urbanization threatens Sheldon Lake
by Bill Dawson
Houston Chronicle
Environmental Writer
Sheldon Lake State Park, a popular fishing, boating and birdwatching spot,
is becoming a biological island in the middle of a rapidly urbanizing area,
it's superintendent says.
Texas Parks and Wildlife Department officials say the popular
wildlife at Sheldon is jeopardized by upstream development and drainage
projects, which have greatly reduced the flow of water to the park's
lake and marshes.
The park has lost about two-thirds of it's watershed since 1987,
mainly because of government funded roadway and ditch construction, the
agency estimates.
After months of talks at lower staff levels seeking other agencys'
help, the parks department executive director recently appealed to high
ranking officials at the Army Corp's of Engineers and Texas Natural
Resourse Conservation Commission for help in restoring flows to Carpenter's
Bayou, Sheldon's tributary.
"It's been very frustrating," park Superintendant Robert Comstock
said of earlier discussions with other agencies. "All I'm trying to do is
protect the integrity of tje resources here."
"This is an important urban fishery and recreation area for an
economically depressed area" of northeast Harris County, said Rollin MacRae,
the agency's wetland resource coordinator. "We could lose it all in a dry
summer and this could be that summer.
Already there are fewer ducklings this year at the park, and a
prolonged rain shortage could kill gamefish this summer and harm herons and
egrets next year, department biologist Andy Sipocz said.
Alligators inhabit the swampy, cypress studded lake, once a water
supply reservoir, and 200 bird species have been identified at the park.
The tops of a few downtown skyscrapers are visible from Sheldon, where a
major environmental education center is planned for area schoolchildren.
In letters to Col. Robert Gatlin, who heads Corps of Engineers
operations in this region, and to Dan Pearson, executive director of the
TNRCC, states parks director Andrew Sansom identified three major public
works drainage projects that have had an impact on the park.
One was a City of Houston drainage ditch about 2 miles from the
lake, he said, and another was construction of the northeast corner of
Beltway 8 by the Texas Department of Transportation.
Sansom said talks have been proceeding with state and local officals
about those projects, but asked Pearson to require that water they diverted
from Carpenter's Bayou be restored to it. A TNRCC spokesman said the matter
was "still under review."
The other major issue cited by Sansom was construction of the West
Lake Houston Parkway. a new roadway north of the park.
Although a Corps of Engineers permit issued to the Harris County
Engineer's office for the road had required that only the road itself be
drained, it is "depriving the (Sheldon LAke) watershed of it's legitimate
flows and draining adjacent wetlands without authorization," Samson told
Gatlin.
Corps of Engineers official Dewayne Johnson said his agency agrees
that Sheldon Lake has "a problem" because of upstream projects.
The Corps is working with the County Engineer's office toward
resolving the issue and will investigate the parkway to determine if it is
draining nearby wetlands, Johnson said. The Corps regulates development
in federally protected wetlands.
Terry Anderson, the Harris County Engineer, said "there wasn't any
violation of anything" in constructing West Lake Houston Parkway.
He said he was surprised to learn from the Chronicle about
Sansom's letters, because he thought the county, the parks agency, the Corps
and METRO (which funded the parkway construction) "were all in concert" on
how to address the drainage concerns.
Early this year, the agencies agreed on several actions to keep
water in wetlands near the the roadway and out of storm sewers, Anderson
said.
He said METRO was supposed to hire a new contractor to carry out
this work. METRO officials familiar with the project could not be reached
for comment.
Land along West Lake Houston PArkway is being developed as the
Summerwood subdivision by McCord Development Inc. which Anderson said
hired consultants to design the portion of the West LAke Houston Parkway
now built.
Charles Leyendecker, president and CEO of McCord Development
Communities, said the company is concerned about the future health of
Sheldon Lake, which he called "a heck of an asset for Harris County" and
"a big amenity to Summerwood."
Signs near the Summerwood entrance promote the community's "private
lakes," which are visible near the West Lake Houston Parkway. Sipocz said
he believes these lakes will reduce drainage into Sheldon, but Corps
official did not believe the area where they were created qualified as
protected wetlands.