A Mr. Bartmess has submitted an application to ADEQ to conduct open pit mining operations on a 58 acre site along Mill Creek in Izard County. Apparently he has already started clearing operations on the site and has cleared and/or moved material all the way to the edge of Mill Creek. Recently some of the local residents contacted Friends of the NF&WRs concerned about this operation and noticed that clearing is continuing and modifications have been made in the area surrounding a spring that feeds the creek. According to local resident reports, these operations have already caused some silting of Mill Creek and higher turbidity in the Little Piney. Mill Creek feeds the Little Piney Creek that flows to the White River creeks noted for fishing and other recreational use.
I talked to David Hartley of the ADEQ, Mining Division who has visited the site and acknowledged there appears to have been site work already conducted in the area. The site is located about 7 miles down a private road which passes through an AFGC permitted 3500 acre Twin Mountain Elk Ranch. David indicated that there also has been some timber operations in the vicinity of the proposed mine. Due to the recent flooding and perhaps modification of the banks by the floodwaters, We shared concern as to where the ordinary high water mark might be situated and what abnormal silting may have already taken place and might take place due to the operations already being conducted.
I also talked to Jenifer Harmon of ADEQ, Water Division to see if Mr. Bartmess had applied for a stormwater permit. She could find no record of such an application in Izard County. She said she would send an e-mail to the ADEQ Jasper office and suggest they also visit the site to see what is taking place. State law says no work can begin on a site prior to the issuing of a permit that would already place Mr. Bartmess in violation of Environmental Protection laws.
I intend to contact the Jasper office later today (May 28tth) if I don’t hear from Tony Morris or Burce Kirkpatrick this morning to see if they intend to follow up on my conversations with Jenifer Harmon by visiting the site. I am trying to get the latitude and longitude of this site to file a formal complaint with ADEQ based on the reports I’ve gotten from Izard County residents. I would encourage residents to file their own “anonymous” complaints with ADEQ also.
I am also going to contact AGFC to see if they are aware of this proposed mining operation apparently within the Elk Ranch to see if they might become involved in what is going on relative to the clearing being done on this permitted Elk Ranch.
Should Mr. Bartmess have violated rules and regulations, I intend to encourage ADEQ to pursue assessment of penalties and seek a court order to prevent any further operations prior to a full evaluation of damages already done and the risk to further stream damage as a result of clearing in the reparian zone.
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I e-mailed Steve Fiipek of AGFC May 29th but haven't had a response from him as yet. I suspected it might take until this week when he or one of AGFC's people in the field had a chance to visit the "Ranch" and see what has been happening along Mill Creek. I expect to hear back from Mike Kennedy, ADEQ Water Division, Inspector District 11 sometime later this week on his visit to the site. I filed a formal complaint based on reports from the local folks who've been observing the operations from Mill Creek and the turbidity increase on Piney Creek. I am still frustrated by property owners who think they can begin major operations prior to getting permits. Either they are unaware of the regulations, or as I suspect, essentially ignore the regulations until they are exposed by the public. At any rate education of the public, mining operators, developers and local government officials is the key in the long run. And, coupled with enacting local ordinances, changing the violation penalty structure to increase first time fines and treat multiple offenders as criminals and, transferring legal authority to ADEQ and local officials so they can shut down violators until they comply with regulations will likely stop the destruction of our Ozark waterways so valuable to our economy and long term preservation of the Ozark environement.
We have almost 10 acres near the Blue Hole on Piney and I would never DREAM of doing anything to ruin the pristine beauty of that creek. We had wondered why the water looked so muddy of late. At first we attributed that to the flooding, but now I'm not so sure.
This property owner should NOT be allowed to continue to ruin these two creeks for his own gain. I hope he is prosecuted to the full extent of the law. I also hope that the rumors aren't true in that he has destroyed not one, but two cemeteries. If it is true, there is only one place he belongs-prison.
On June 13th an ADEQ inspector visited the mining site in a followup complaint and issued his report to the Mining Department Superisor recommending enforcement action. The original complainant stated that "the land owner is deforesting the riparian vegetation along Mill Creek and Peorogue Creek for a proposed sand mining operation. The removal of the riparian vegetation is causing bank erosion and channel instability on the creeks". The followup report indicated that adjacent landowners said the work began in January of this year and removal of stumps and residual vegetation began in April. The ADEQ inspector confirmed extensive silting of Mill Creek and into Piney Creek. His report goes on to say "No effort is being made to control erosion and as a result, the gravel substrate is smothered in sediment and the pools are filled with sediment through the length of stream on the mine site to below the confluence with Piney Creek a distance approaching 2 miles. The massive sediment loss from the mine site to area streams is causing a significant alteration of habitat. "
On June 19th ADEQ Director Teresa Marks issued the following emergency order (primary elements) to B&H Resources, LLC, the company of which Bartmess is a partner.
ORDER FOR REMEDIAL ACTION
1. The Director orders B & H to cease any and all dirt work, land clearing, or construction activity at the proposed mining site that may result in further erosion to the banks of Mill Creek, that may result in an increase of turbidity in Mill Creek and Piney
Creek, or that may increase the amount sediment discharged to Mill Creek or Piney Creek.
2. The Director orders B & H to submit to ADEQ a detailed work plan and work schedule explaining the actions and methods B & H will implement to abate and remediate the massive bank erosion on Mill Creek at the proposed mining site and how B
& H will address and remediate the excess sediment in Mill Creek and Piney Creek. The work plan is subject to review and final approval by ADEQ before B & H may commence any remedial operation. The work plan is to be submitted to Benjamin T. Jones at ADEQ by the close ofbusiness on June 23, 2008.
On Saturday June 21st, a local resident observed a tractor with disc working on the property above Mill Creek. Although the emergency order specifically prohibits any work on the site which might cause further erosion or turbidity increase on Mill Creek, it is suspected that this work also violates storm water regulations which I believe state that no preparatory clearing can be done on a mining or development site until a permit has been approved.
B&H still has not obtained approval for the sand mining operation, nor to my knowledge at this time have they applied for the stormwater permit they require.
I will advise ADEQ of the latest reported work on the site and confirming both that the emergency order was delivered to B&H Resources prior to Saturday and that the stromwater regulations prohibit any clearing prior to having an approved permit.
I will also asking that the ADEQ Chief of the Water Division keep Friends/myself informed of the enfolding actions regarding this B&H proposed operation including any and all permits applied for as well as fines and any further legal actions ADEQ might take against B&H to collect damages to Mill and Piney Creeks.
In my conversation with Dave Evans of AGFC about the situation on Mill Creek. Dave said that he had been visited the site in early June and saw no evidence of anyone having cut the bank, removing vegetation from along the bank or having been in the creek with equipment. I reported to him that I had seen pictures which area neighbors had taken which clearly showed damage which was being done to the bank and that Mill Creek showed evidence of silting believed to be the result of bank work at this mining site. Dave indicated that ADEQ and the COE have the responsibility for enforcement of laws protecting the water quality and streams and that if there was a problem they are the agencies to pursue the issues.
I wast perplexed that Dave had not observed the damage to the bank when he met with B&H Resources and will talk with him again to see if he might revisit the site. I can only imagine that the area he saw was not where the bulldozing has been taking place.
I also want to further discuss with AGFC their possible interaction with ADEQ and the COE on issues which affect the fisheries, and AGFC's potential involvement and participation with these agencies in protecting our streams.
For those of you who may have read my previous post with regard to my talk with Dave Evans which I've now deleted I want you to know that we "Friends" have worked successfully with AGFC in the past and they have been very helpful with the Stream Team Program, and with helping to educate the public as to the importance of maintaining an excellent habitat for our fisheries. I erroneously believed that AGFC had some direct authority with respect to being able to stop operations which endangered the existing fisheries. My future goal is to better understand how AGFC might become proactive in helping ADEQ identify operations which are causing damage to the stream environments and, if and how they might be able to play a role in stopping violators.
What is the latest on this situation? I understand Bartmess has been ordered to start remediation, but I suppose he won't and no matter what he does it won't undo the destruction he has caused.
At this time we are waiting to see what the next action ADEQ will take in response to B&H saying the destruction was not due to anything they did but the result of the floods which occurred in March. ADEQ visited the area last week on Wednesday and spent many hours evaluating the damage. Apparently there is another mining operation going on upstream from the B&H site which may also have contributed to some of the silting. I am trying to find out if this operation has a permit for their mining operation but did not immediately find a permit on the ADEQ permit database website. I'll call ADEQ tomorrow and see if they know of a permit for this other mining operation. Seems to me B&H is looking for anyone or anything else to blame the problems on. As far as I know ADEQ is still in the fact finding stage before deciding what additional action is to be taken. Apparently B&H has submitted some sort of restoration plan in response to the ADEQ emergency order but I haven't read it yet. Friends of Mill and Piney Creeks is waiting to see a report from last weeks ADEQ investigation prior to meeting again.
Teresa Marks, Director of ADEQ will be visiting the mining site on Saturday morning 27 August. Immediately after that she will go to the Calico Rock Music Hall (north end of the main street) for a public meeting to inform the attendees as to where ADEQ stands relative to enforcing restoration, the mining application, and any penalties they may be going to pursue. It is anticipated that the meeting will start at around noon and it would be advisable to be there around 11:30 am. A large attendance is anticipated. Teresa will respond to questions after she briefs us on the status of ADEQ actions. For those of you who cannot attend, I will post a brief summary of Teresa's remarks after the meeting.
It's been a year since George Bartmess and B & H Resources has been investigated. The rumors today are: friends of his have purchased additional property connected to his and plan to put in a two million dollar sand plant; they sent their geologist and engineer to the Calico Rock City Council meeting to ask the city to drill wells on their property to supply 850,000 gallons of water a day for their operation (what about our wells?).
Permits were applied for, the railroad approched and plans are being made.
Our creeks are still muddy and another creek (Bailey) is listed as being part of the new plant.
This needs to be investigeted this time BEFORE they begin work.
It is true that Calico Rock was approached by representatives of Evergreen, LLC (Hardy,etal) to help with the expense of wells to be drilled asking for 850,000 gallons of water a day. In their proposal to C.R. they are promising 30 jobs and enhanced trucking industry for the privileges of turning the Bailey Creek basin into moonscape. All of this watershed flushes into the White River, which this area depends on for its influx of tourism dollars. It's up to the people and not the politicians to make sure that our environment is not destroyed for oil, gas and greed!! Our love of the Ozark Mountain Region is calling all of us to step forward for future generations!
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