Friends of the North Fork and White Rivers

Impaired Streams List Released for Comments

2010-02-09T12:14:00.009-06:00

Dear all,

Welcome once again to the "biannual" review of stream quality in Arkansas. For those of you new to the process, the state must define water quality standards for most bodies of water in Arkansas. Then, the goal is to maintain water quality to prevent that water body from becoming "impaired." If it is impaired, the state has 13 years to come up with a "solution" which is basically a TMDL (Total Maximum Daily Load) that the stream can stand of the particular "pollutant" that would take it off the impaired list. The section of the Clean Water Act (CWA) is 303d, thus the name of the list. There is also a narrative report that details the States findings (2010 Arkansas Integrated Water Quality Monitoring and Assessment Report.. 305(b) Report). It is not out yet, but you can find the 2008 report, which as based on 2004 data.

Citizens can comment on the list, even recommend that streams be added. There is a public hearing in Little Rock on February 24, 2010 at ADEQ headwaters. Comments will be accepted until March 10 at 4:30pm. The press release about the Report follows. The link to the actual report n the Hot Topics section of ADEQ's web site on the right side.

Contact Information: Aaron Sadler / 501.682.2287 / sadlera@adeq.state.ar.us
FOR RELEASE: February 8, 2010
HEARING, COMMENT PERIOD SET FOR IMPAIRED WATERBODIES LIST

The Arkansas Department of Environmental Quality (ADEQ) will hold a public hearing at North Little Rock February 24, 2010, to receive comments on the agency’s proposed 2010 Impaired Waterbodies List (commonly called the 303d List). The hearing will begin at 2:00 p.m. in the Commission Room at the ADEQ headquarters building; 5301 Northshore Drive.
Prior to accepting formal public comments at the hearing, ADEQ Water Division staff will present a short program discussing the proposed list. The presentation will include time for informal discussion and questions and answers before the formal public comment period begins.
The 303d List is developed by ADEQ every two years under provisions of Section 303d of the Federal Clean Water Act. ADEQ assesses water quality monitoring data from numerous locations around the state and utilizes a comprehensive assessment methodology to determine which waters are not meeting their designated uses as listed in the Arkansas Water Quality Standards (Regulation No. 2 of the Arkansas Pollution Control and Ecology Commission).
Water quality data from stream and lake sampling sites were considered during the development of the proposed 2010 303d List. These sampling stations were either part of ADEQ’s statewide water quality monitoring network, special surveys conducted by ADEQ, or sites sampled by U.S. National Park Service within the Buffalo River Watershed.
Other water quality data from federal, state, and local government agencies, as well as from private entities, both within Arkansas and from adjoining states, were also evaluated during development of the proposed list.
A complete listing of impaired waterbodies can be found in the tables following the narrative of the draft 303d List. Copies of the list are available on the ADEQ’s Internet web site at www.adeq.state.ar.us or can be obtained by contacting Jim Wise in the ADEQ Water Division; telephone, 501-682-0663; e-mail, wise@adeq.state.ar.us.
Copies of the proposed 2010 Arkansas 303d List also are available for public inspection during normal business hours at the ADEQ’s Public Outreach and Assistance Division, located on the second floor of the ADEQ headquarters building, 5301 Northshore Drive, North Little Rock. In addition, copies of the list are available for public review during normal business hours at ADEQ information depositories located in public libraries at Arkadelphia Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the University of Arkansas at Pine Bluff and the University of Central Arkansas at Conway; and in the Arkansas State Library, 900 W. Capitol, Suite 100, Little Rock.
Oral and written comments on the proposed 2010 303d List will be accepted at the public hearing, but written statements are preferred in the interest of accuracy. In addition, written statements will be considered if received no later than 4:30 p.m., March 10, 2010. Written statements should be sent to: Jim Wise, Arkansas Department of Environmental Quality, Water Division, 5301 Northshore Drive, North Little Rock, AR 72118; e-mail: wise@adeq.state.ar.us.
Proposed revisions to the 2010 Arkansas 303d List will be incorporated into the 2010 Arkansas Integrated Water Quality Monitoring and Assessment Report (commonly called the 305b Report), after approval by the ADEQ Director

Gene

--
Gene Dunaway
POB 539
209 S. Peabody
Mountain View, AR 72560-0539
Home 870-269-3442
Work 870-269-5855
Cell 870-213-5784
gene.dunaway@gmail.com

Frac Mining

2009-10-20T15:40:00.004-05:00

If you haven't seen Split Estate yet on the Green or other channel which covers gas mining mostly in Colorado, I suggest you tune in the next time it is shown. This documentary is a real eye opener as to the health risks associated with this new method of horizontal drilling and fracting of the rock to release the trapped natural gas. Essentially during the fracting process, a million or more gallons of water are pumped down the well shaft along with a mixture of sand and other chemicals which the companies are not required to disclose. During this documentary an environmental researcher who apparently is able to break down some of the chemical composition of these drilling/fracting fluids lists some of the many chemical compounds. Of course this fracting fluid is pumped back out of the wells prior to beginning gas recovery and then must be disposed of. These pits are an environmental nightmare. A significant number of producing wells have blown out, and are burned creating hazardous air pollution. People are getting sick, people are having to move out and their property values have plummeted. In some cases people have simply abandoned ther dream homes and family lands. Methane gas has been seen bubbling up in local streams to the point where they can be ignited with a match. This new type of mining is growing leaps and bounds and is touted as the worlds solution to the energy crises. In reality, the firms mining this gas a take no responsibility for the environmental damage or the health problems which are occurring and if fact on this documentary seen as claiming the fluids are drinkable and completely safe.

Frac mining requires huge amounts of water and a special type of very fine essentially round sand particles. To support all the new gas mining operations, the search for more deposits of this fine sand are underway. A new sand mine is being planned in Izard County, a North Arkansas Ozark Region which has been noted for its pristine waters and many forests teaming with wildlife. This region is a huge recreational area providing world class trout fishing, deer, turkey, bear and other hunting opportunities. Canoeing and other water sports on our many streams and rivers is big business in this area. Another silica mine which has been in existence for a very long time at Guion in Izard County is planning on increasing its sand mining production 700%. And, other sand processing plants are in the works. Do we want our region destroyed by uncontrolled mining in our area? Are we willing to suffer the health consequences when frac mining moves into our area. Do we trust the new mining companies to tell the whole story when it comes to all the hazards to our air and water from these processes? Who will replace our ground water when the aquifers are pumped dry? Who will clean up our streams and rivers when they dump their waste water into our creeks? If you think ADEQ has the resources to oversee what is going on you are terribly mistaken. ADEQ has only 17 people committed to investigate and monitor all the mining, water and waste disposal sites in the entire State.

It is absolutely critical that our citizens become involved and learn the potential risks to our environment, Ozark way of life and our health. These energy companies don't give a damn about your welfare. Think they do? Please watch this video and come to your own conclusions as to whether this is what you want in your region and whether you believe you can trust these energy related companies!

Public Meeting Scheduled on Proposed Frac Sand Plant - Monday Oct 5, Calico Rock

2009-10-03T13:30:00.005-05:00

Friends of the Rivers and folks in the Izard County area,

Over the past few weeks it has become clear that a number of "frac" sand mining and sand processing operations have plans to develop in Izard County. The need for sand for gas drilling, especially in the Fayetteville shale, is driving this development. This particular company is planning a large open quarry mine and already has a stormwater permit for 240 acres in a 1000 acre area they own with a multimillion dollar plant proposed. Unimen, the sand plant that has been in Guion for years has filed for permits to expand. At least one other plant has filed for permits.

People involved with Friends of Mill and Piney Creeks (FMCPC)have been leading an effort, with our partnership to understand and grasp the significance of this development and how it will affect our watershed and the streams in their area which flow into the White River from Piney Creek. The City of Calico Rock is considering drilling 3 wells for this company.

The White River Current, the Calico Rock newspaper, is sponsoring this event and it was front page news.

I wanted to share this release from FMCPC and ask that you share with those you think would be interested. We will be updating our web site and blog on this as we're able to get a handle on more solid information. This meeting should be crucial in that regard.

Gene Dunaway
gene.dunaway@gmail.com
Board Member
Friends of the North Fork and White Rivers

Public Meeting Scheduled on Proposed Frac Sand Plant

Monday, October 5, 6:00pm

Calico Rock Music Hall, Calico Rock, Arkansas

Evergreen Processing will share information about the project and be available to answer questions, as well as respond to any concerns and comments from the community.

Please attend if you are interested in learning details about the project.

Some of the issues of concern are:

The proposal to use 850,000 gallons of water per day (what will this do to wells in the area and to the aquifer?)
Excess water from processing will be discharged into Bailey and Pearogue Creeks which feed into Mill and Piney Creeks and then into the White River. What impact will this have on these waterways?
Noise and lights from a 20 hour per day operation
Air quality issue (frac sand is silica sand and in Wisconsin there are major concerns about safety regarding mining of this sand)
Impact on our roads – 40-60 trucks of sand per day will be shipped from the plant. Impact on traffic and wear-and-tear on the roads themselves

Quarry mines usually become big holes in the ground. Large scale quarry mining could change the entire character of our area. The Quorum Court should take action immediately to slow this process down until they can determine exactly what is going to happen and assure there is no risk to our water and property.

Ozark Aquifer Declining - Conference Sep 17 Springfield Mo.

2009-09-15T11:04:00.008-05:00

Here's an article on an event this week to examine, in part, the results of a $500,000 study on the decline in the Ozark Aquifer. "Shaping Our Water Future: Working to Ensure Adequate, Quality Water Supplies" is the focus of the Thursday-Friday event at the Doubletree Hotel in Springfield.

The study found that even with no additional pumping, the water table will continue to decline through 2030.

Here is a link to the article.

Toxic Waters - NY Times Series on Failure to Enforce Clean Water Act

2009-09-15T07:50:00.004-05:00

Here is a link to the home page of a series the New York Times is doing on the lack of enforcement of the Clean Water Act.

http://projects.nytimes.com/toxic-waters

Included is an interactive that will allow you to quickly find violators in your area.

http://projects.nytimes.com/toxic-waters/polluters

Gene

AWAG Hires New Staff!

2009-08-07T09:14:00.003-05:00

The Arkansas Watershed Advisory Group assists interested
citizens and organizations by promoting local voluntary approaches
to watershed management and conservation.

I am very pleased that ADEQ is reviving AWAG. AWAG has been a partnership between state and federal water related agencies and budding watershed protection groups. They have been instrumental in helping Friends get going, but the loss of Ellen McNulty had left the future of this effort in doubt. They have produced some excellent conferences as well.

If you've delved into Arkansas water regulation, you know it is an inpenetrable maze of agencies and regulations. Without the personal committment of leaders from these agencies, it would be impossible for citizens to understand where to start.

Kate has been keeping the effort alive for the last year. Sarah has been a passionate, self motivated and knowledgable advocate for water protection and a tremendous partner with Friends. We look forward to working with them both.

Thanks go to Teresa Marks for her efforts in keeping this alive.

AWAG also has an excellent web site. http://www.awag.org/

Here's the announcement letter.

August 6, 2009
Dear AWAG members,

I am writing you today to inform you of some exciting and new changes at ADEQ and for
AWAG. ADEQ has hired new staff to work with citizens, watershed groups, state and federal agencies, and fellow environmental groups. Our staff consists of: Sarah R. DeVries, as the Environmental Program Coordinator and Ecologist Kate Finefield. Some of you may have already been acquainted with them in their previous endeavors. In addition, the AWAG staff also works closely with Arkansas Project WET coordinators, Philip Osborne and Barbara Miller.

Kate joined the AWAG team in August of 2008, leaving a field ecologist position with the
Arkansas Department of Natural Heritage. Kate received her B.S. in Biology from the
University of Arkansas at Little Rock in May 2007. She has worked with various agencies
including the Arkansas Game and Fish Commission, Arkansas Natural Heritage Commission, Audubon Arkansas, and the University of Arkansas Cooperative Extension Service’s 4-H Center. Kate’s past experience includes assisting with control burns, wetland education, watershed mapping, and a variety of environmental education activities. You may have received email updates and/or AWAG newsletters from Kate over the last few months.

Our newest team member is Sarah R. DeVries. Mrs. DeVries has worked the last four years as the Source Water Protection Technician for the Arkansas Rural Water Association and has served as an AWAG member during that time. Sarah worked with communities to create and implement source water protection plans. She involved the public, agriculture and civic groups to work together to minimize non-point source pollution on a sub-watershed scale. In addition,
Sarah has worked for the Arkansas Department of Health as a Pollution Control Inspector, an Engineer Aide for the Massachusetts Department of Environmental Protection, an Alternative Energy Store, a seasonal Park Interpreter for Arkansas State Parks, and a myriad of environmental education jobs.

We are pleased to have these two dedicated and well-qualified individuals to join ADEQ and to work with our veteran staff Philip Osborne and Barbara Miller. Please feel free to contact Sarah DeVries at devries@adeq.state.ar.us or Kate Finefield at nefield@adeq.state.ar.us..

Sincerely,
Sarah Clem
ADEQ Branch Manager
Ph: (501)682-0660
E- mail: clem@adeq.state.ar.us

Planning Session for Central Arkansas Water Forum - Aug 11

2009-08-06T07:31:00.000-05:00

Dear Friends,

Please join us on Tuesday, August 11th at 4pm at Lilly's Dim Sum meeting room in Little Rock to share your thoughts and advice on how a public forum on Water in Central Arkansas might be able to support your efforts as a leader on water issues as well as help encourage better water policy from state leaders.

The Nature Conservancy, Audubon Arkansas and the Arkansas Public Policy Panel are collaborating on a project to build awareness of critical water issues across Arkansas in anticipation of a new state water plan.

The purpose of our meeting August 11th is to plan a public forum on water with you and other Central Arkansas leaders to be held in Conway later this summer/fall. We need your input on how we can be most helpful in supporting the ongoing work and issues in Central Arkansas.

We want to make sure that our efforts are complementary and helpful to yours. We want this effort to inform and advance new state policy to better manage our water resources, but also help advance some of your goals. Arkansas faces a variety of enormous challenges to providing enough clean water for people and wildlife, a sustainable water future. We are holding similar meetings in other parts of the state as well.

Planning Session for Central Arkansas Water Forum
Tuesday, August 11, 4pm
Lilly's Dim Sum meeting room
11121 N Rodney Parham Rd # 34B

We will have refreshments and expect the meeting to last no more than 2 hours.

Lilly's is just West of I-430 at the Rodney Parham exit, in the Market Place Shopping Center. Here's a link to google maps where you can also get directions. Lilly's phone number is (501) 716-2700‎.

TNC, Audubon Arkansas and the Panel, will be holding a number of forums around the state over the course of the next nine months to:

educate people about water issues in their region and across the state;
listen and learn from participants so we can define concerns, questions, and water policy goals of citizens;
recruit people to participate in a follow up in-depth workshop on water issues
facing Arkansas; and
develop a core group of leaders interested in working with us on state water policy issues.

Please join us August 11th to help us plan a water forum for Central Arkansas.

Please RSVP to Bill Kopsky at bill@ARPanel.org, or 501-376-7913 x 12, or call if you have any questions or comments.

We hope to see you on August 11th and to learn more about your work. Thank you.

Sincerely,

- Bill Kopsky, Arkansas Public Policy Panel

- Tim Snell, The Nature Conservancy

- Ken Smith, Audubon Arkansas

PS: Please let us know if there are others who you think should be invited to this early planning meeting. Thanks!!

===============

Bill Kopsky

Executive Director

The Arkansas Public Policy Panel

1308 West Second Street

Little Rock, AR 72201

501-376-7913 x 12

fax: 374-3935

www.ARPanel.org

The Panel is a 501(c)(3) putting the PUBLIC back in Arkansas public policy since 1963.

Organize to win.

Nutrient Concentrations Remained Stable in Many Streams from 1993 to 2003

2009-07-16T11:33:00.001-05:00

The U.S. Geological Survey National Water-Quality Assessment program conducted national- and regional-scale trend assessments (1993 to 2003) of nutrient concentrations and loads in streams and how these trends corresponded to changes in streamflow and nutrient sources, such as fertilizer applications, animal manure, population, and atmospheric deposition. Phosphorus and nitrogen concentrations remained relatively stable in about half of the streams assessed nationwide from 1993 to 2003; however, the pattern did vary in some regions, including increases in phosphorus concentrations in more than half of the streams assessed in the Mississippi/Atchafalaya River Basin. Linking trends in stream nutrient levels to changes in nutrient sources will enhance our understanding of the effectiveness of land management actions.

Regional-scale assessments of examined trends in nutrient and suspended-sediment concentrations and loads in the Upper Mississippi, Ohio, Red, and Great Lakes River Basin, Missouri River Basin, Lower Mississippi, Arkansas-White-Red, and Texas-Gulf River Basin, and the Pacific Northwest River Basin.

For more information on how nutrients vary over time in streams assessed across the Nation, contact:
Lori Sprague (lsprague@usgs.gov).

For more information on how nutrients and sediment vary over time in selected major river basins, contact:
David Lorenz (lorenz@usgs.gov) — Upper Mississippi, Ohio, Red, and Great Lakes River Basin
Lori Sprague (lsprague@usgs.gov) — Missouri River Basin
Richard Rebich (rarebich@usgs.gov) — Lower Mississippi, Arkansas-White-Red, and Texas-Gulf River Basin
Daniel Wise (dawise@usgs.gov) — Pacific Northwest River Basin

Ozark Mountain Regional Public Water Authority Sets Meetings June 30/July 1

2009-06-22T11:04:00.003-05:00

June 30 at Gaston Visitor Center and July 1 at Diamond City Community Center. I personally support the general idea of a regional water authority taking water from large reservoirs and providing public drinking water for counties. A far better alternative than damming more streams. Friends has not taken a public position on this, pending more information.

Water authority lowers amount asked from lake

BY ROBERT J. SMITH

Posted on Tuesday, June 16, 2009

URL: http://www.nwanews.com/adg/News/262121/

The Ozark Mountain Regional Public Water Authority will ask to pull less water from Bull Shoals Lake to serve 22 water systems in rural Northwest Arkansas.

Tim Mays, the authority's project engineer, said Monday that the Ozark Mountain group promised the Army Corps of Engineers that it will reduce its water storage request from 12 million gallons a day to 4 million-6 million gallons per day.

"If we get 4 million gallons, the amount we're asking for is about the thickness of a sheet of paper spread across the whole lake," said Mays, who works for Engineering Services Inc. in Springdale.

The Corps of Engineers has scheduled two public workshops regarding the Ozark Mountain Regional Public Water Authority's plan to pull drinking water from Bull Shoals Lake and send it to areas of Boone, Newton, Searcy and Marion counties.

Those meetings are June 30 at the James A. Gaston Visitor Center at the Bull Shoals-White River State Park near Bull Shoals and July 1 at the Diamond City Community Center, 232 Grand Ave. Both meetings start at 6 p.m.

Corps spokesman P.J. Spaul said those meetings will help "dispel rumors" about how much water the Ozark Mountain group is seeking.

In an interview, Spaul said there are no rumors about how much water the group wants yet, but the Corps doesn't intend to wait for them to start.

During the 1990s, rumors "ran wild" after the Community Water System serving 65,000 people in four counties near Greers Ferry Lake sought additional water from the lake.

"When we talk about dispelling rumors, that's why," Spaul said. "There were fears that it was going to drain the lake. They were flying, but you aren't talking about drastic changes in lake levels. It's relatively small."

The Ozark Mountain authority has received about $7 million in federal and state grants to support its $65 million project that would deliver drinking water to 22 water systems with homes and businesses in areas around the Buffalo National River and north to Bull Shoals, Mays said.

Those 22 systems serve about 22,000 people in the four counties and want $32 million to build a water treatment plant and water intake structure west of Diamond City. There would also be 115 miles of water transmission lines to deliver water to the 22 associations.

The $7 million raised so far isn't enough to start the project and the goal is to seek about $40 million in federal stimulus money later this year, Mays said.

There is federal funding for a $4.5 million part of the project that's considered the "criticalneeds phase," focused on bringing drinking water to the three authority members that deal with high amounts of radium in their groundwater wells.

There's too much radium in the groundwater pulled from water wells by Mount Sherman Waterworks in Newton County, and by the SDM and South Mountain water associations in Searcy County, said Lance Jones, an engineer supervisor for the Arkansas Department of Health. Two of those systems would hook up to Marshall city water; Mount Sherman would connect to Jasper's supply, Mays said.

Leaders of rural water systems in the four counties have been encouraged by the state Health Department for years to rely less on groundwater wells and to seek out surface water supplies. For instance, water systems in Newton County met in 2004 to talk about ways to bring drinking water from Beaver Lake and about the possibility of building a 104-acre lake on the Illinois Bayou in northern Pope County.

They decided the best option would be attaching water pipes to highway bridges that go over the Buffalo National River and to extend those lines from Bull Shoals Lake, the state's biggest lake.

RECYCLABLES MARKETING BOARD TO MEET AT BATESVILLE

2009-06-12T16:59:00.001-05:00

RECYCLABLES MARKETING BOARD TO MEET AT BATESVILLE

The State Marketing Board for Recyclables will meet at Batesville June 24, 2009, at 9:00 a.m. in the Ramada Inn Conference Room, 1325 N. St. Louis.

Items on the agenda include presentations on recycling efforts in the White River Regional Solid Waste Management District and on solar-powered trash compactors, and a discussion concerning efforts to encourage the use of used roofing shingles to produce asphalt for road paving.

The board advises and assists the ADEQ on finding and maintaining markets for recyclable materials collected in Arkansas.

AGFC Posts Didymo Warnings at Launch Ramps

2009-05-04T09:50:00.003-05:00

Some of you may have already seen a new AGFC notice at ramps warning about Didymo (popular name... rock snot) with instructions how to clean boats and equipment. This caution has been recommended as a first step approach to reducing transmission to other water bodies.

If you're not familiar with this invasive alga found in our rivers, here's a web site in New Zealand where they've had lots of experience. http://www.biosecurity.govt.nz/pests-diseases/plants/didymo/

Latest from Jeff Williams, Trout Biologist, AGFC Mountain Home in response to an email thanking him and AGFC for taking this responsible action.

Thanks Gene. Yes, we are hoping to generate awareness and encourage folks to clean their equipment before moving between waters. Although most of our trout waters already have Didymo, we hope these efforts will help prevent the spread to waters not currently affected. I also have some smaller posters that we are going to distribute to local bait/fly shops, outfitters, etc.

As far as treatments to eliminate Didymo from the river, there is still no viable option. I was at a meeting last week of trout managers in the southeast and Didymo was a topic of discussion. One of the biologists from Virginia gave a presentation on a method to semi-quantify Didymo coverage that I think we will try to adopt here in AR. This will basically allow us to monitor coverage over time and might allow us to examine relationships between Didymo and certain water quality parameters as well as the trout populations.

The high flows definitely knocked the Didymo back some, but it's not gone for good. Please let me know if you have any additional questions/comments. take care.

Jeff

ADEQ RELEASES LANDFARM STUDY REPORT

2009-04-21T11:11:00.000-05:00

ADEQ RELEASES LANDFARM STUDY REPORT

A study conducted by the Arkansas Department of Environmental Quality (ADEQ) found that fluids used in natural gas production have been improperly applied by landfarms operating in the state, thus endangering the environment.
The study findings were released in a report Monday. The report indicated that existing practices had, in many cases, caused environmental harm. Particularly, all 11 sites that land applied fluids at some point had improperly discharged the fluids so as to cause runoff into the waters of the state. Also, chloride concentrations in soil used for land application were abnormally high.
ADEQ Director Teresa Marks ordered the department’s study in November 2008 because of repeated permit violations at some of the sites. At that time, Marks also halted consideration of any new landfarm permit applications until the study was completed.
“With the increase in the number of landfarms and applications for landfarms due to expanded drilling activity in the state, concerns about the resulting environmental impact warranted a closer look at these operations,” Marks said.
ADEQ has taken enforcement actions against all 11 landfarms studied and has sought to revoke permits at two of the sites. Additional enforcement actions are pending and other revocations could be forthcoming.
-MORE-

Landfarm report, Page 2

The study supports changes to all existing or new landfarm permits. The changes include requirements that routine soil and water sampling be conducted at specified locations in the presence of an ADEQ inspector and that fencing be erected around all on-site ponds.
“The results of the study have caused us to put additional measures in place to ensure that these facilities are complying with the terms of their permits and are not causing harm to the soils and waters of the state,” Marks said. “We recognize that there is a waste stream created by the drilling practices that must be dealt with, but we want to make sure it is dealt with in a way that will not cause harm to the environment.”
Scientists in ADEQ’s environmental preservation and water divisions prepared the report. ADEQ employees visited the 11 landfarms between November and January.
On many site visits, the department discovered downstream concentrations of chlorides and total dissolved solids that were higher than those taken upstream.
While landfarm permits prohibit land application of any fluid with chloride levels higher than 3,000 milligrams-per-liter, four facilities held fluids with levels over the permitted maximum.
Soil at eight of the sites contained chloride amounts that exceeded permitted limitations.
The study found that the high chloride content at some sites might irrevocably damage the soils there.
In addition, the study found at nine sites concentrations of total petroleum hydrocarbons (TPH) in amounts that suggested that application of oil-based drilling fluids had taken place. ADEQ permits strictly prohibit such application.
The full report is available on the department’s Web site, www.adeq.state.ar.us. A link to the report is located in the “Hot Topics” section on ADEQ’s home page.

"Sustainable Stormwater Management Practices" Webinar

2009-04-14T21:15:00.003-05:00

Webinars are an easy, free way to learn at home. Context Sensitive Solutions has very good ones every month or so. The next is about stormwater management. Note it's Eastern Time - you can't log in after it starts.

Reminder: Webinar - Thursday, April 16, 2009, 2 pm EST

"Sustainable Stormwater Management Practices"

ContextSensitiveSolutions.org and the Federal Highway Administration are pleased to present a free webinar on April 16, 2009, from 2:00 - 3:30 PM EST. Wendi Goldsmith, President of the Bioengineering Group, Inc., and Clark Wilson, Urban Designer at the EPA Office of Smart Growth, will discuss the importance of sustainable stormwater management practices, along with innovative strategies for natural onsite stormwater storage and treatment. Sustainable stormwater management seeks to eliminate, where possible, the negative impacts of construction activities that disturb the natural hydrologic cycle resulting in elimination or reduction in the permeability of soils, increased "flashy" runoff and general water quality degradation.

Link to Join the Meeting:
http://fhwa.na3.acrobat.com/csseries/
On the login page, enter as a guest by typing your full name and clicking the "Enter Room" button. Please login to the conference at least 10 minutes prior to the start time to secure your space.

Phone Number to Join the Audio Portion of the Conference:
800-779-1509
Password: 4033692

Prior to the meeting, please make sure that you have the necessary Flash Player plug-in installed on your computer. To test your machine, click this link, which should also provide links to the software: http://admin.acrobat.com/common/help/en/support/meeting_test.htm

For a short tutorial on how to participate in a web conference, please visit: https://admin.na3.acrobat.com/_a55098539/wctparticipate. If you are unable to access this link, you may need to install Flash Player (see directions above).

For more information, please contact Aurash Khawarzad at aurash@pps.org. We regret that we are not able to provide professional development credits for this event.

Stay Tuned...
Our next webinar will present "A Guide to Building CSS Knowledge and Skills for Successful Project Delivery," on Thursday, May 14, 2009, from 2:00 - 3:30 PM EST. Leigh Lane and Lisa Murphy of The Louis Berger Group, Inc. will provide background and resources to interested transportation agencies assigned the role of developing or improving an educational program to integrate CSS principles into project development and delivery processes.

The following webinar in the CSS series will be on "Complete Streets and Context Sensitive Solutions," scheduled for Thursday, June 11, 2009, from 2:00 - 3:30 PM EST. Barbara McCann, Executive Director of McCann Consulting, and Hannah Twaddell, Senior Transportation Planner at the Renaissance Planning Group, will be presenting.

Vigilance Needed To Protect Water, Wildlife Conference Highlights Need To Restore Measures

2009-03-12T23:14:00.000-05:00

Vigilance Needed To Protect Water, Wildlife Conference Highlights Need To Restore Measures
Last updated Wednesday, March 11, 2009 4:18 PM CDT in Outdoors
By Scott Branyan
Commentary

A group of wildlife conservationists met in Little Rock Saturday to discuss wetlands conservation and to support efforts to restore the Clean Water Act protections impacted by two recent U.S. Supreme Court decisions in 2001 and 2006.

The event, called "Hunter Angler Water for Wildlife Summit," was sponsored by a long list of groups that are working together to support congressional action known as the Clean Water Restoration Act.

Jim Murphy and Jan Goldman-Carter of the National Wildlife Federation gave presentations explaining how the court cases and resulting Environmental Protection Agency and Army Corps of Engineers decisions have lessened Clean Water Act protections.

In short, narrow interpretations by both agencies have left non-navigable tributaries and their adjacent wetlands classified as geographically "isolated" waters and without Clean Water Act protection.

Both said the Clean Water Restoration Act would restore regulatory protections using long-standing decisions.

Also speaking was Scott Yaich with Ducks Unlimited who said his organization had estimated the loss of U.S. wetlands since the 1950s to be around 17 million acres. That includes 7 million acres lost in Arkansas.

Another 20 million acres nationally stand to be affected under the EPA and Army Corps of Engineers decisions. Most affected are the Prairie Potholes of North and South Dakota, which produces most of the ducks coming into Arkansas, the Great Lakes, the Mid-Atlantic Coast and the Lower Mississippi Valley.

Steve Filapek, Arkansas Stream Team coordinator and assistant chief of fisheries with the Arkansas Game & Fish Commission, said Arkansas has 90,000 miles of streams. Of those, 70,000 miles could be classified as perennial or intermittent and are hence without protection under the recent decisions.

The number one pollutant of Arkansas water is sediment. An indicator of how big the sediment problem can be is the rare Arkansas darter. Filipek said a one-tenth of an inch of sediment over the darter eggs can result in greater than 50 percent mortality to the eggs.

Crooked Creek, one of the best smallmouth streams in the state, is an intermittent stream which has had sediment issues from gravel mining.

Congress will have the opportunity this year to provide a legislative fix with a goal of restoring 35 years of Clean Water Act protection to our streams and wetland areas. Goldman-Carter recommended that people contact Arkansas' congressional delegation and urge them to support the Clean Water Restoration Act.

The act would return to the use of long-standing regulatory definitions, remove the word "navigable" from the definition of protected waters, and restore regulatory protections to headwater areas.

In the US Department of Agriculture's "Soils and Men" yearbook for 1938, F. R. Kenny and W. L. McAtee wrote, "Among the assets of mankind, wildlife receives its true appraisal only in advanced stages of civilization, when owning to the heedless destruction of earlier times, it has been seriously if not irreparably reduced. ..."

"If we had sufficient foresight we would preserve in due proportion nature's wealth-creating centers of every kind, but lacking it we are wasters. Experience at last brings regret, and we would re-create what we have destroyed. We see that it has values that we can ill afford to lose, not only in a material sense but for beauty as well."

"When at length we do realize what nature's bounties mean to us we should act promptly positively, and persistently in maintaining and restoring them."

Scott Branyan writes a blog and colimnist for the Morning News in Northwest Arkansas and is a fly fishing guide on the White River tailwater trout streams.

2nd Annual Environmental Conference Mar 27 Joplin

2009-03-03T07:37:00.002-06:00

2nd ANNUAL ENVIRONMENTAL CONFERENCE
La Quinta Inn ♦ Joplin, Missouri March 27, 2009

"We can store it, treat it and deliver it, but we can't manufacture it - Water Planning for a Critical Resource"

The 2nd Annual Environmental Conference will address state water plans in Arkansas, Kansas, Oklahoma and Missouri.

Representatives from each state will present a status report
on their respective state water plans. Global warning's effect on reservoirs will also be discussed.

The Conference is co-sponsored by the Watershed Committee of the Ozarks, Tri-State Water Resource Coalition and Environmental Task Force of Jasper and Newton Counties.

Information and registration form can be obtained at www.envtaskforce.com or from Bob Nichols at bnichols66@sbcglobal.net or (417) 673-7151.

National Water Quality Inventory Report Now Available On-line

2009-01-30T07:00:00.002-06:00

Note: Only 16% of US streams have been assessed and 44% of them are considered impaired.

National Water Quality Inventory Report Now Available On-line

This report, available at http://www.epa.gov/owow/305b/2004report/, summarizes water quality assessments submitted by the states to EPA under section 305(b) of the Clean Water Act. The report finds that the states assessed 16 percent of the nation?s 3.5 million river and stream miles, 39 percent of its 41.7 million acres of lakes, ponds and reservoirs, and 29 percent of its 87,791 estuary square miles. Forty-four percent of assessed river and stream miles, 64 percent of assessed lake acres, and 30 percent of assessed estuary square miles were found to be impaired for one or more of the uses designated for them by the states. Leading causes of impairment included pathogens, mercury, nutrients, and organic enrichment/low dissolved oxygen. Top sources of impairment included atmospheric deposition, agriculture, hydrologic modifications, and unknown or unspecified sources. This report is a companion to electronically-submitted state water quality information available on EPA?s Web site, known as ATTAINS, at
http://www.epa.gov/waters/ir. In addition to viewing the national summary and information by state at this Web site, users can click down to the individual waterbody level to find out more about water quality conditions.

Free Used Tire Disposal at Solid Waste Sites

2009-01-29T22:00:00.002-06:00

ADEQ awards more than $1 million in waste tire grants

The Arkansas Department of Environmental Quality awarded grants of more than $1 million this month to support tire disposal and recycling operations throughout the state.

The grants are given quarterly to the state's regional solid waste management districts to fund waste tire collection, transportation, recycling or disposal.

For the first quarter of 2009, ADEQ awarded $1,011,850.

ADEQ's grant awards are calculated based on population of each district and by the number of tires a district received the previous year.

Arkansas residents may dispose of up to four tires per month free of charge at waste tire collection sites within their region. The 125 sites in Arkansas are operated by regional solid waste management districts.

The ADEQ grants are funded by a $2-per-tire fee on automobile and light truck tires sold in the state. An additional $3-per-tire fee is assessed for large truck tires.

In addition to the tire management grants, ADEQ often awards money from its waste tire grant fund to pay for clean up of illegal tire disposal sites or support capital improvement projects.

EPA, Army Corps satisfy no one with new guidance

2008-12-09T09:01:00.002-06:00

Note: Rapanos was a major Supreme Ct. case that addressed the issue of how connected must water be to a stream or lake to be under the jurisdiction of the EPA and the Clean Water Act (CWA)? The decision really left the question unresolved, but EPA and the COE has been working on guidelines for decision making, none the less.

Gene

FYI passing this along--of interest to duck hunters/wetland interests. Jim Wood.
----- Original Message -----
From: George Sorvalis
To: CRNETWORK@LISTS.NATIONALWILDLIFE.ORG
Sent: Friday, December 05, 2008 12:11 PM
Subject: WETLANDS: EPA, Army Corps satisfy no one with new guidance (12/05/2008)

WETLANDS: EPA, Army Corps satisfy no one with new guidance (12/05/2008)
Katherine Boyle, Greenwire reporter
Environmentalists and industry stakeholders alike are blasting the wetlands guidance memorandum issued this week by U.S. EPA and the Army Corps of Engineers.
The revised guidance defines protected waters as those that are determined to be navigable-in-fact by the courts, are currently being used or have historically been used for commercial navigation, or could realistically be used for commercial navigation in the future.
The document also clarifies what constitutes a protected, adjacent wetland, noting that a wetland must have an unbroken hydrologic connection to jurisdictional waters, be separated from those waters by a berm or similar barrier or be reasonably close to a jurisdictional water (E&ENews PM, Dec. 3).
Neither environmental groups like the National Wildlife Federation nor industry stakeholders like the National Association of Home Builders are happy with it.
The federation slammed the guidance as less protective and more confusing than the June 2007 memo it replaces. Both memos are meant to clarify the Supreme Court's muddled 2006 Rapanos-Carabell decision.
The guidance "is another lose-lose document that will have the effect of making it harder to protect waters, and more time-intensive and costly to administer permit applications," federation attorney Jim Murphy said in a statement. "It will result in more pollution, more administrative delays, and more head scratching."
Environmentalists warn that the revised guidance undermines Clean Water Act protections for a number of wetlands and streams by requiring waters to be commercially navigable to qualify. That means fewer bodies of water will fall under the significant nexus test, which measures the relationship between upstream waters and the closest traditionally navigable water, devised by Justice Anthony Kennedy in the Rapanos decision, the federation said.
The homebuilders, on the other hand, said the guidance's definition of protected waters is too broad.
Susan Asmus, staff vice president for regulatory policy at the National Association of Home Builders, said including waters that are potentially navigable contradicts the intent of the Clean Water Act. She said the law is meant to cover waters that are currently being used for navigation rather than those that are "susceptible" to use.
Despite the criticism, Benjamin Grumbles, EPA's assistant administrator for water, praised the guidance, which he said ensures that the traditional navigable waters test encompasses requirements the agency has looked at over the years.
"We're looking at all the prongs for jurisdiction under the Clean Water Act," Grumbles said. "That includes if it was navigable in the past or is susceptible to commercial navigation in the future." That definition ensures that officials will not solely rely upon the 1899 Rivers and Harbors Act when applying Kennedy's significant nexus test.
The Rapanos guidance is able to cover waters that may not have been covered in the past after the Supreme Court decision, Grumbles added.
Confusion remains
The guidance arrived in the wake of the Supreme Court's refusal this week to reconsider its Rapanos decision.
The court's refusal to reconsider the wetlands protection case leaves it to lower federal courts to continue to try to answer the question over how to interpret the high court's splintered opinion. The justices' 4-1-4 decision on the scope of the Clean Water Act has generated conflicting interpretations from lower courts (Greenwire, Dec. 1).
Environmentalists and industry officials agree that much of the language in the new guidance is still unclear.
Asmus said EPA and the Army Corps still need to better clarify which wetlands and streams will qualify as protected.
"I'm not sure that [EPA and the Army Corps] changed it enough to make it workable in the field," Asmus said. "There are still a lot of uncertainties."
Asmus pointed to EPA's new definition of protected, adjacent wetlands as an example. "They talk about adjacency, and they talk about 'reasonable, close proximity,'" she said. "I don't know what that means."
The National Wildlife Federation also panned the terminology as vague and confusing, calling the adjacency standard "ill-defined."
Yet Grumbles said the guidance does provide clarity.
"The guidance makes clear that an ecological connection is the basis for asserting the Clean Water Act safeguard, and we're proud of that," he said. ""We think it's an additional and important clarification."
The guidance also notes that decisions on protected waters do not have to be made on a case-by-case basis, Grumbles said.
"We will infer an ecological connection for those wetlands that are sufficiently close by looking at the movement of amphibians or fish," he said. "We think that type of ecological connection is an important one ... and we think it will lead to additional protections for wetlands."
Congressional fix?
Meanwhile, the National Wildlife Federation and three other advocacy groups -- American Rivers, Environmental Defense and Ducks Unlimited -- are calling on Congress to pass legislation that would override the memo and the split Rapanos decision.
"The Rapanos decision has caused a bureaucratic nightmare, but it is a Supreme Court decision and EPA has no choice but to obey it, " Jim Tripp, general counsel for Environmental Defense Fund, said in a statement. "Congress, however, can -- and should -- step in to fix the problem."
House Transportation and Infrastructure Chairman James Oberstar (D-Minn.) and Sen. Russ Feingold (D-Wis.) may do just that.
Both lawmakers argue that prior to the court's Rapanos decision and the 2001 Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers decision, the phrase "navigable waters" had been broadly defined as "waters of the United States, including the territorial seas." They have indicated that during the 111th Congress they will reintroduce legislation aimed at restoring that definition.
Opponents of their legislation say the bill would expand wetland protections beyond the intent of the Clean Water Act and could lead to a spate of lawsuits (E&E Daily, July 8).
While environmentalists call for a legislative fix, the homebuilders indicated they would like to see EPA promulgate a rule on the issue.
"Part of the challenge here is, you've got a Supreme Court who's ruled on something [and] a couple of agencies who don't quite know how to interpret that or are a little afraid to interpret that," Asmus said. "So they interpret it one way, and then everybody comes out of the woodwork and says, 'Hey, wait a minute, I disagree. You didn't interpret this right.' And you're off on a bad foot to begin with."
Click here to view the revised guidance memo.
________________________________________

ADEQ Issues Air Permit for Coal-Fired Electric PLant

2008-11-12T13:37:00.003-06:00

They tried to build several in Texas but were stopped, so they came to Arkansas. Another in planning stage for Northeast Arkansas and Oklahoma. There are concerns the OK plant will drift over the Ozarks. Note there is no limit on CO2 emissions.

ADEQ ISSUES AIR PERMIT FOR COAL-FIRED ELECTRIC PLANT

The Arkansas Department of Environmental Quality (ADEQ) has approved a final air permit for construction and operation of a coal-fired electric power plant in Hempstead County. The permit, signed November 5, was issued to Southwest Electric Power Co. (SWEPCO), a unit of American Electric Power (AEP) for construction of the John W. Turk, Jr., generating plant near Fulton.

The permit application had been under review by the ADEQ for more than two years, and was the subject of two public hearings and two separate public comment periods totaling more than three months, during which hundreds of interested parties offered comments on the proposed permit.

“This is a complex and controversial permit application,” ADEQ Director Teresa Marks said. “It has undergone a lengthy review by technical and legal personnel to make sure the permit is protective of public health and the environment by conforming to all applicable air emission standards under state and federal laws.”

The main steam generating unit consists of one ultra-supercritical pulverized coal boiler fueled by low sulfur coal and natural gas which will power a single steam turbine designed for base load operation with a nominal net power output of 600 megawatts.

The permit contains emission limits for such pollutants as particulates, sulfur dioxide (SO2), volatile organic compounds (VOC), carbon monoxide (CO), nitrogen oxides (NOx), and mercury. There are no limits in the permit for carbon dioxide (CO2), which currently is not subject to emission limits under federal or state regulations.

However, the Turk plant design includes a 20-acre area for the inclusion of CO2 capture equipment, should future regulations impose CO2 emission limits.

“It is quite possible CO2 emission standards will be adopted at the federal level and in Arkansas as well in a few years,” Marks noted. “The ADEQ and the operators of all permitted coal-fired electric plants in the state--as well as a variety of other industrial and commercial operations with significant CO2 emissions--are aware of this possibility and are already considering options to address the issue of CO2 emissions as quickly as possible once standards are in place.”

Currently, Arkansas has six permitted coal-fired electric generating units; two near Redfield in Jefferson County, two near Batesville in Independence County, one near Gentry in Benton County, and one near Osceola in Mississippi County.

A fact sheet with additional information about the Turk Plant permit is available on the ADEQ internet web site, www.adeq.state.ar.us, in the “Hot Topics” box on the right-hand side of the web site home page.

Tammi Trotter Receives Clean Water – Stronger Communities Volunteer Award

2008-11-12T12:25:00.003-06:00

TAMMI TROTTER AWARDED BY STATE FOR ENVIRONMENTAL WORK

Little Rock, Ark. – Nov. 1, 2008 – Tammi Trotter, leader of the Friends of the Mill and Piney Creeks environmental organization, was today given the “Clean Water – Stronger Communities Volunteer Award” of the Arkansas Watershed Advisory Group (AWAG), a part of the Arkansas Department of Environmental Quality (ADEQ). The award was presented at a ceremony held at the Hilton Little Rock Metro Center in conjunction with the 2008 AWAG conference.
Trotter helped found and organize the Friends of the Mill and Piney Creeks just months ago in an effort to curb and correct significant environmental damage on Mill Creek and the Piney Creek below it, caused at least in part according to ADEQ, by the unpermitted mining activity of B&H Resources, LLC., a company co-owned by George Bartmess of the Brockwell area.
Trotter’s leadership resulted in the issuance of an emergency order from ADEQ to B&H Resources to halt activity. ADEQ is also demanding from B&H Resources a plan for remediation of damage done.
Media throughout the state have covered the conflict and a groundswell of public support for the Friends organization has occurred.
Mill Creek and Piney Creek, both completely contained in Izard County, are two of the most beautiful streams in Arkansas. They are small streams with towering bluffs dotting their banks and are frequently visited by nature lovers, fishermen and others seeking to enjoy their beauty.
Trotter lives with her family at the mouth of Mill Creek where it flows into Piney Creek. She was alerted to the environmental damage when the gravel stream bottom near her home was suddenly inundated with several feet of silt. She decided to alert neighboring property owners, some of whom live in different counties and even in different states. Still, Trotter managed to contact those owners and in June held in a meadow near her home the first meeting of what that day became the Friends of the Mill and Piney Creeks. Nearly 40 people attended – many of whom had never before met but who shared the goal of protecting the creeks.
Working with this group, Trotter successfully alerted ADEQ staff about the damage, leading to several investigations by them and the resulting emergency order.
At Trotter’s invitation and encouragement, ADEQ Director Teresa Marks personally visited the damaged area on August 27 and spoke to a group of 75 concerned citizens at the Calico Rock Music Hall.
Trotter remains vigilant and watchful about environmentally-adverse activities along the creeks. Friends of the Mill and Piney Creeks is now a vibrant organization holding meetings and conducting activities on a regular basis.
___________________________________________

Congratulations Tammi and everyone with the group for this well deserved award! We are so proud of you!

Call for better EPA/States relationships

2008-11-12T12:08:00.004-06:00

A comment... almost everything Arkansas does to protect water is required by the Feds through the EPA and the Clean Water Act. In fact, the EPA has delegated many of their programs, including stormwater regulation, to Arkansas. From what I hear, the relationship could use some work.

Point source pollution (stuff coming out of a pipe) has been regulated for some time, but "non-point source pollution" (runoff) has no teeth. All the programs are "studies" and planning for education and encouragement of voluntary actions. I support that approach, however, there should be some minimum base regulation and enforcement.

Gene

The Association of State and Interstate Water Pollution Control Administrators has just released the final version of a document entitled "Call for Change-Water Quality Improvements for the 21st Century."
The document addresses the need to improve the working relationship between EPA and the states as well as more specific programmatic issues. It looks like we have some similar ideas. The document can be found here:
http://www.asiwpca.org/home/cfc.htm

Documentary on Buffalo River to show in Fayetteville and Little Rock

2008-11-12T12:04:00.003-06:00

Dear all,

As you know, the Buffalo is in our watershed. We do not focus on the Buffalo, but work closely with the Ozark Society who is focused on that beautiful stream.

Here's a note from Debbie Doss with the Canoe Club on an upcoming documentary. Debbie and the club have been big supporters of our efforts.
Gene

Two more screenings of the documentary, The Buffalo Flows, have been announced. Arkansas Canoe Club members are featured in the film and I must say, we were pleased with the way it has turned out.

The first screening is in Fayetteville on Nov. 14 at the U of A.
Get the details here:

http://www.uark.edu/depts/jourinfo/publ ... ews/?p=112

The second is at the Cinton School in Little Rock on Nov. 20th. You will need to call them in order to reserve a seat.

Get the details here:

http://www.clintonschool.uasys.edu/news ... spx?id=485

Thanks, Debbie

WATER POLLUTION: Court rules EPA must set stormwater limits for construction industry (09/19/2008)

2008-10-17T09:56:00.000-05:00

WATER POLLUTION: Court rules EPA must set stormwater limits for
construction industry (09/19/2008)

;
Katherine Boyle, Greenwire reporter

A federal appeals court yesterday upheld a lower court decision
requiring U.S. EPA to set standards to control stormwater pollution from
strip malls, subdivisions and other new developments by Dec. 1, 2009.

The 9th U.S. Circuit Court of Appeals sided with the Natural Resources
Defense Council and the Waterkeeper Alliance, ruling EPA must promulgate
effluent limitation guidelines and new source performance standards for
stormwater pollution discharges caused by the construction and
development industry.

The states of Connecticut and New York supported NRDC and the alliance
in the case.

NRDC and the alliance predicted the court's decision would prevent beach
closings, waterborne disease, flooding, fish kills and contamination of
drinking water supplies.

"This decision will go a long way toward protecting America's streams
and rivers from the construction and development industry," said Melanie
Shepherdson, a staff attorney at NRDC. "The court made it very clear
that EPA can't just shirk its responsibilities to rein in pollution from
this industry."

EPA spokesman Nick Butterfield said making sure the nation's coastlines
and watersheds remain vibrant and healthy is a top priority for the
agency. He noted that EPA is currently working on a new clean water
regulation to reduce runoff pollution from construction sites, as the
court ordered.

When EPA appealed the 2006 U.S. District Court for the Central District
of California decision, the agency argued that the annual cost of
proposed effluent standards would be more than half a billion dollars
and would result in job displacement. EPA also noted that existing
permit programs could control 80 percent to 90 percent of sediment
runoff.

Additionally, EPA argued that the definition of "new source" should not
include construction sites.

The National Association of Home Builders intervened in the case on
behalf of EPA. The homebuilders have said a rule placing a numerical
limit on stormwater runoff would pose problems for the construction
industry because it is impossible to predict how much it will rain
during a project.

NRDC and the alliance argued that EPA's failure to promulgate stormwater
standards after listing the construction industry as a point source
violated the Clean Water Act.

EPA originally predicted that a final stormwater rule could come out
this year but now says it will not be released until 2009. The agency is
delaying the rule in order to convene an advisory panel that will
examine the economic impact it could have on small businesses, despite
previously concluding a panel would not be necessary.

EPA said it expects to publish a proposed rule by Dec. 1, 2008, and is
still on track to finalize the rule by Dec. 1, 2009, the court-ordered
deadline (Greenwire
; , Aug. 19).

Click here ; to read the
court's decision.

Low Dissolved Oxygen Stocking Requirements

2008-10-17T08:54:00.002-05:00

From Jeff Williams

Hello All,

Although the high precipitation earlier this year and the resulting high flows
from the dams have had some positive effects on the trout fisheries in the White
and North Fork Rivers, these conditions have resulted in some of the lowest
dissolved oxygen levels observed on these waters. When the dissolved oxygen
levels began to drop below the state standard of 6.0 mg/l, the Corps of
Engineers blocked open the turbine vents to allow more air to be entrained.
This helped some, but as the season progressed the dissolved oxygen levels began
to approach 4.0 mg/l. The Corps and Southwest Power instituted maximum loading
restrictions on the turbine releases from the dams. This basically means that
they are putting less water through the turbines to allow greater aeration.
This helped to bring the dissolved oxygen levels back up and for that reason we
continued to stock trout in all areas in an effort to maintain a satisfactory
fishery. During this time we closely monitored the water quality situation and
collected field samples to determine the extent to which sub-standard dissolved
oxygen levels reached below the dams. However, the dissolved oxygen levels have
continued to drop and despite the turbine venting and loading restrictions we
are now seeing readings approach 3.0 mg/l. This is a threshold level where we
could begin to see trout mortality and for that reason we have recommended to
cease stocking in areas affected by low dissolved oxygen. Field samples taken
earlier this week have shown that at the current flows the dissolved oxygen is
not recovering to 6.0 mg/l until just above Rim Shoals on the White and until
the bottom of the catch-and-release area on the North Fork. Therefore, we will
cease stocking trout from the dam down to Cotter on the White and will only
stock at Rose's Dock on the North Fork until conditions improve.

It should be noted that the fish that were scheduled for the affected areas will
be held at the Jim Hinkle/Spring River Hatchery to be stocked in those areas
when conditions improve. I realize the impact that these restrictions may have
on many of you, however, this is a very unusual year. In fact, we have also
instituted stocking restriction on the upper 6 miles of the Little Red for the
first time ever.

I have attached a copy of the memos in which we recommended the stocking
restrictions. Please let me know if you have any questions at all. Thanks.

Jeff

<> <Restriction Memo 10-2-08.doc>> http://webmail.aol.com/39155/aol/en-us/Mail/get-attachment.aspx?uid=1.23817789&folder=NewMail&partId=2&saveAs=Bull_Shoals_TW_Stocking_Restriction_Memo_10-6-08.doc

Jeffrey S. Williams
Trout Management Supervisor
Arkansas Game and Fish Commission
201 East 5th Street
Mountain Home, AR 72653
Phone: (870) 424-5924
Fax: (870) 425-6596
j_williams@agfc.state.ar.us

Low Impact Development

2008-10-02T09:38:00.001-05:00

Low Impact Development (LID) is all about protecting rivers and lakes. The whole idea is to encourage the natural cycle of water - so rainwater soaks into the ground to be filtered by the soil and used by the plants rather than running over the ground as it runs down hill to the river and lake. As storm water runs across the ground, it also picks up debris, silt, chemicals and other pollutants and carries them directly to lakes and rivers. Silt and sediment are some of the biggest polluters because they choke streams, fish and aquatic life. Encouraging the natural cycle keeps silt and also pollution out of the water and promotes a healthy water environment for fish and humans. In our own area, fish have disappeared from a mile long stretch of Mill Creek in Izard County because the stream bank was cleared without erosion control measures and silt clogged the creek bed.

Another benefit is that not all the rainfall reaches the river in a short period of time. This means that the river doesn’t rise as much or so fast which means there is less bank erosion. It also means the groundwater reaches the river slowly so there is more “recharge”. The river is replenished by ground water even when there is no rainfall because it takes a while for the water to move through the soil and rock.

Development refers to anything people do that impacts the environment. Any time land is paved or a building built, less water can get into the ground. That means more run off. According to the Environmental Protection Agency (EPA), a typical city block generates five times more run off than a wooded area of the same size because there are so many hard surfaces that block water from soaking into the ground.

“What I do doesn’t make much difference”

Well, yes it does. There are many small ways we all contribute to environmental degradation, but there are many easy things we can do to encourage the natural water cycle that all together make a big difference. Rain barrels catch rain water from roofs that can be used later to water landscaping. Rain gardens are landscaped areas that are slightly depressed so rain water pools so it can be used by the plants or soak into the ground. If properly done, the water soaks is gone before mosquitoes can breed.

Improving landscaping can make a big difference. Trees and shrubs catch and absorb more rain water than grass. Grass absorbs more than bare dirt or rock. Another thing we can do is find ways to slow water down as it travels across the ground. Taking some of the energy out of the flow will decrease the amount of dirt carried away – and in our rocky area, we need all the soil we can get. Don’t over water and use pesticides and herbicides sparingly. Dispose of litter, household and yard waste, and hazardous materials properly.

Another LID strategy is to make sure our septic tanks are inspected and pumped regularly to ensure it is functioning properly. Just because the toilet flushes doesn’t mean that the sewerage is being properly treated. The state of Missouri estimates that 70% of the state’s septic tanks don’t function properly. That’s scary. The Bull Shoals area and northern Arkansas has the same kind of rocky “karst” ground as much of Missouri. In many places, traditional septic tanks can’t work. However, new septic tank technology that works much better is available.

Free EPA Watershed Academy Training Course

2008-09-22T10:11:00.003-05:00

For those of you who haven't seen it, EPA offers a free Watershed Academy training course. "This Web site offers a variety of self-paced training modules that represent a basic and broad introduction to the watershed management field. The modules are organized by the six themes listed above. Modules vary in the time they to complete, from ½ hour to 2 hours." You can take the sessions on line or request a free CD (which is what I did). It's an honor based course where you can retake the self-test module tests if you need/want to. When you complete the 15 core modules, you can request a watershed training certificate. (Press releases about people completing the course would help raise awareness and spread the word.)

http://www.epa.gov/watertrain/

In addition to "Water Issues in Arkansas An Unfinished Story..." , the Winthrop Rockefeller Foundation funded "Troubled Water", an AETN original sixty-minute documentary that traveled across the state to learn more about the potential for a water crisis in Arkansas.

http://www.aetn.org/production/programs/water

I sat next to a lady from this foundation at the LID workshop. They would be a good partner for water quality issue projects and it looks like a possible source of funding.

ADEQ Denies Mining Permit on Mill Creek!

2008-09-08T23:11:00.002-05:00

Teresa Marks, as Director of ADEQ, has issued a Draft Order denying B&H Resources application for a permit to mine sand on Mill Creek. The announcement was made in a legal notice asking for comments within the next 30 days. We will let you know the exact details and will ask that folks write a comment supporting the decision.

Once comments are received, the Director will issue a final order. That order can be appealed by B&H, so it's not over yet.... but for today...

Congratulations to Friends of Mill and Piney Creeks and everyone in the community who has helped with this effort.

Gene

Rockefeller Foundation Releases Report on Arkansas Water

2008-09-07T10:24:00.008-05:00

The Rockefeller Foundation just released a long awaited report called "Water Issues in Arkansas - An Unfinished Story." Here is a link to the page that includes the summary report and the full report by clicking here.

This has taken years of research and will be used as a piece for discussion and dialogue about water issues in Arkansas. Board Member Steve Wilson was one of the consultants on the project. Thank you Rockefeller Foundation!

It is interesting to note that the Foundation published a similar piece in 1982 called "Arkansas Water - Why Wait for the Crisis?" The introduction lamented that Arkansas did not have a comprehensive water policy and that it would be difficult to create such a policy because of "special interests." That is still the case 25 years later. Most of the recommendations in that report were not addressed by the legislature, so we have lots of work to do to convince our representatives that we really want something done now. This report is a valuable contribution to that process.

ADEQ Proposes New Stormwater Permits for Construction Informational Meeting September 16, 2008, Mountain Home

2008-09-07T10:10:00.004-05:00

ADEQ will hold an informational meeting September 16, 1:00PM, City Hall, 720 S. Hickory, Mountain Home, AR to present information and answer questions on a revised stormwater permit that regulates what people have to do when they are clearing more than an acre of land. Basically, everyone is supposed to have a plan to prevent runoff and use Best Management Practices (BMP). A written plan is required for 5 acres or more.

The new General Permit has some significant and positive changes and we hope these… and other changes… will be included and help us control the destructive runoff we are seeing in our watershed from clearing.

We urge everyone to attend who is interested in stopping runoff and siltation of streams in our watershed, as sediment is the #1 pollutant. Following is information on all the meetings in the State but details can be found at http://www.adeq.state.ar.us/water/branch_permits/general_permits/stormwater/construction/construction.htm

The draft permit is here http://www.adeq.state.ar.us/water/branch_permits/general_permits/stormwater/construction/pdfs/ARR150000_draft_permit.pdf

Starting with page 39 of the draft permit, you will find a list of specific changes from the old general permit, for those of you who like the finer details.

There is also a formal “comment period” where citizens or organizations can make written comments on the record or ask for a formal hearing. The current meeting is an informational meeting to learn and get questions answered. That notice will be published in local newspapers, but here is a link to the draft which explains the process. http://www.adeq.state.ar.us/water/branch_permits/general_permits/stormwater/construction/pdfs/ARR150000_public_notice.pdf

We have found out the deadline for submitting comments is September 29^th,2008. Comments can also be made by email to Ms. Jennifer Harmon at harmonj@adeq.state.ar.us

We are in the process of reviewing the permit as well and will keep you posted on what we think after the meeting.

Gene Dunaway

News Release

MEETINGS ON RENEWAL CONSTRUCTION STORMWATER PERMIT

The Arkansas Department of Environmental Quality (ADEQ) will hold a series of informational meetings around the state during the month of September to explain proposed changes to the renewal general construction permit covered by stormwater regulations administered by the ADEQ.

The following are a few of the revisions that are being proposed for the construction stormwater general permit. There are now only two proposed sizes for construction sites. Small sites, which would be any site disturbing between one and five acres of land, and large sites, which would be any site disturbing more than five acres. Large sites must submit a Stormwater Pollution Prevention Plan (SWPPP) along with the Notice of Intent (NOI) and permit fee. In addition, buffer zone requirements for waterways have been included.

The following are the dates, times and locations of the scheduled meetings around the state:

September 3, 9:00 a.m. and 2:00 p.m., North Little Rock; ADEQ Headquarters, 5301 Northshore Drive.
September 4, 1:30 p.m., Camden; Municipal Building, 206 Van Buren Street NE.
September 8, 1:30 p.m., Jonesboro; Allen Park Community Center, 3609 Race Street.

Water Meetings Page Two of Two

September 9, 2:00 p.m., Fort Smith, Riverpark Events Building (West Events Room), 121 Clayton Expressway.
September 10, 9:30 a.m., Fayetteville; City Administration Building, Council Chambers - Room 219, 113 West Mountain Street.
September 10, 1:30 p.m., Springdale; Jones Center for Families, 922 East Emma Ave.
September 15, 1:30 p.m., Hot Springs; Hot Springs Convention Center, Rooms 104-105, 134 Convention Blvd.
September 16, 1:00 p.m., Mountain Home; City Hall, 720 S. Hickory.
September 19, 9:00 a.m. and 2:00 p.m., North Little Rock; ADEQ, 5301 Northshore Drive.

Staff members from the Stormwater program at ADEQ will present a brief presentation at each of the meetings and will be available to answer questions from the audience. Additional information on the new permit requirements and informational meetings may be obtained by contacting Jamal Solaimanian in the ADEQ Water Division, telephone, 501-682-0620.

###

Mill Creek - ADEQ Holds Public Meeting Following Stream Inspection

2008-09-06T07:20:00.011-05:00

Previous Blogs:

Tammi Trotter's report of the meeting with Theresa Marks

Bartmess Open Pit Mine Application

Friends Website:

Desecration of Mill Creek

Says land and stream-bank clearing caused extensive silt damage to valuable Mill Creek

ADEQ Director Theresa Marks and staff were the main speakers on August 27^th at a public meeting at the Calico Rock Music Hall. Their appearance followed an inspection of the B&H Resources, LLC. proposed open cut sand mine site bordering Mill Creek. The clearing of vegetation from the bank and the area above the creek caused extensive silting of Mill Creek and downstream into Piney Creek beyond the confluence of Mill with Piney Creek. Although Mrs. Marks acknowledged that the March storms which led to the flooding along the entire White River Basin also caused erosion along many of the tributary creeks, the B&H stripping of all vegetation from the bank and the plateau above significantly affected the magnitude of erosion in this area and was the major contributor to the amount of silting along Mill Creek along the stretch of creek along the site and downstream.

Previous to this meeting, the ADEQ investigative team had performed an extensive technical evaluation of Mill Creek that included measurements of the amount of silting from 0.7 mile upstream of the proposed mining site to well below it. Evaluations were made as to the susceptibility of the bank to erosion based on the geological composition as well as the vegetation covering the bank. Measurements were taken on riffle areas as well as in the “holes”. Riffles were covered by sand/silt to a depth of over 6” in some areas, and holes, originally in the 4 to 5 foot depth range were completely filled.

ADEQ can and has sought financial recovery judgment for damages to the environment caused by violators, but as yet has not made any decisions to pursue restoration damages for restoration of the stream bed. At this time they are pursuing restoration of the bank with B&H Resources.

Besides personnel from the ADEQ Water, Mining and Legal divisions, there were local and state legislators, representatives of Friends of the North Fork and White Rivers (FNFWR) and its’ affiliated group, Friends of the Mill and Piney Creeks (FMPC) which organized this public meeting, and George Bartmess, one of the partners of B&H Resources, LLC and owner of other lands which border Mill Creek.

Steve Drown, ADEQ Chief Deputy Director, said the Mill/Piney Creek watershed includes about 37,000 acres. Drown used soil morphology and vegetation data to indicate susceptibility to stream-bank erosion, and said many areas of Mill Creek are highly susceptible to erosion.

Drown showed slides conveying:

silt’s complete coverage of gravel riffles downstream from the B&H mine site;
silt filling pools previously four to five feet deep;
the bank had been cleared of vegetation for approximately 3/4 of a mile ;
cuts down the stream-bank to the water, apparently made for equipment access to the creek;
evidence that a large scoop had pulled sand up the bank from the edge of the creek;
vegetation had been stripped from the land above stream-bank but some weeds/grasses were beginning to grow back in the mostly sand field;
deep gully erosion across the cleared area above the bank and into the creek in the proposed mining area;

Teresa Marks in July issued an emergency stop order against B&H. In that order, B&H was required to submit to ADEQ a stream restoration plan, along with additional information required for permit consideration. B&H has not yet submitted the plan, nor has B&H submitted any further information required for evaluation of its application for a permit to conduct the open pit mine.

In response to audience questions, Teresa Marks told the audience ADEQ was pursuing a restoration plan for the bank, but that it may be impossible to actually restore the riffle/pool natural environment without further damaging the stream bed; she said the creek may have to recover naturally over time.

In response to another question, Jim Stephens, Chief of the Mining Division stated that maximum fines for violations are $1000 per day for the first offense, provided an ADEQ representative is present each day to observe the contamination taking place; however, ADEQ said it does not currently have sufficient personnel to visit violating sites daily. Damage awards for the specific destruction to Mill Creek itself may be sought through judicial proceedings.

Teresa Marks said an applicant for a mining permit may not conduct any clearing prior to ADEQ’s official issuance of a permit, which would indicate B&H clearing operations were in violation of state law.

“At this point, the B&H open pit mine application is in limbo, and I doubt if ADEQ will move forward on the application until a restoration plan has been received and approved,” said Jerry Weber, FNFWR President. “In fact, they may never issue a permit,” he added, noting that Marks had in the meeting suggested the geological makeup of the area likely makes this location nonviable as a mining site.

Local Residents Filed Complaints

Individuals from FMPC and FNFWR had previously filed complaints with ADEQ regarding silting observed on Mill and Piney Creeks in Izard County. Heavy equipment was seen clearing vegetation from the bank and operating in the creek bed and the sand bank was being cut down. Investigation indicated B&H Resources, LLC, the property owner had begun clearing for a commercial sand mining operation prior to having received ADEQ approval for this planned open cut mine. By the time ADEQ inspectors visited the site in response to these complaints, equipment operators had completely cleared the stream-bank and many acres of land above the creek along a significant stretch of Mill Creek (see July newsletter). Following the report by the ADEQ inspector, Director Marks issued an “Emergency Order” which ordered B&H to stop all operations until the site has been approved for operation and, to prepare a restoration plan for the Mill Creek bank to be reviewed and approved by ADEQ.

Local residents and recreational users of Mill Creek report that the heavy silting has made sections of the stream non-navigable, that swimming holes are now completely filled with silt, and that fishing has been severely impaired. In fact, since the silting occurred, no one has reported seeing any trout in the area of the proposed mine.

Why did it take ADEQ so long to act?

1. The process itself is time-consuming.

After receiving a complaint, ADEQ sends an inspector to visit the site and determine if a violation has occurred and the extent of damage. The inspector has 3 days to visit the site, then writes up his/her report and sends it through supervision.
ADEQ then must write a letter to the property owners stating how they are in violation and what must be done.
The property owner/business has 10 days to respond, and should they not respond then ADEQ can issue an order to stop operations.

2. Shortage of ADEQ Field Staff

ADEQ has only 1 open pit non-coal mining inspector, and about 15 water division inspectors.
The Fayetteville Shale mining has put a tremendous burden on ADEQ
ADEQ funding is limited and controlled by the legislature;
State Senator Paul Miller said to place more inspectors in the field and ADEQ funding would be a high priority in the upcoming legislative session. Mr. Miller is on the legislative budget committee. And he indicated that the legislature would also be addressing the fine structure associated with violations, especially with regard to repeat offenders.

Erosion Control Ordinance:

Baxter County’s new Erosion Control ordinance would have allowed the County’s immediate issuance of a stop work order against the B&H site, before significant damage had occurred. Apparently Izard County’s ordinance in association with joining the National Flood Insurance Program also requires that a mining operation to be conducted in the flood plain requires a County permit which was not applied for by B&H.

Citizen Action:

“I want to acknowledge Tammi Trotter and the Mill Creek Friends crew which organized this meeting for all of their work. This ADEQ action really shows that local citizen groups can make a difference in Arkansas, and will hopefully encourage other citizens to form like groups when they see damages to the environment in their regions” said Jerry Weber.

Mill Creek - Meeting with Teresa Marks of ADEQ

2008-09-03T14:52:00.001-05:00

Previous Mill Creek entries:

Bartmess Open Pit Mine Application

Friends Website:

Desecration of Mill Creek

This report was received from Tammi Trotter of the Friends of Mill Creek:

The meeting with ADEQ Director Teresa Marks on the mining issue of B&H Resources in Calico Rock was a great success. There were approximately 80 people in attendance to include Sen. Paul Miller, Izard County Judge Rayburn Finley and 3 Izard County J.P.'s. George Bartmess, one of the owners of B&H Resources was also in attendance. Teresa Marks had 7 ADEQ employees with her. Tammi Trotter started the meeting by greeting guests and telling about Friends of Mill and Piney Creeks, Jerry Weber then talked about Friends of North Fork and White Rivers and introduced Teresa Marks. She gave a power point presentation with pictures of the damage to the banks and sediment in the creek. She basically said that ADEQ would not be issuing a permit at this time, since B&H's original application was technically incomplete, and they feel that, if Bartmess actually pursues the mining permit in this same location, the permit would be denied because “there cannot be a sufficient buffer zone to protect the creek”. But they do have an appeals process, which he will most likely pursue.
She also stated that they expect a remediation plan from B&H Resources which will need to be approved by ADEQ. The issue will probably go to litigation since he denies any wrongdoing and he says the damage was caused by the floods. Leon Alexander was also in attendance and talked about the Baxter County ordinance which several members were interested and want to pursue a similar ordinance for Izard County

Comment Period on Coal Fired Power Plant in Arkansas

2008-08-11T12:35:00.002-05:00

SWEPCO has applied to build a coal fired power generating plant in Arkansas. Friends does not take a formal position on issues outside our watershed, but we do want to keep our members informed, so I'm passing on this information.

SECOND PUBLIC HEARING SET ON PROPOSED POWER PLANT

The Arkansas Department of Environmental Quality (ADEQ) will hold a second public hearing at Hope September 18, 2008, to receive comments on a proposal by American Electric Power Service Corporation (AEP) for a coal-fired electric power plant in Hempstead County. The event will begin at 6:00 p.m. in the Library Auditorium at the University of Arkansas Community College at Hope, 2500 South Main Street. In addition to comments received at the hearing, written comments on the proposal will be accepted until September 23, 2008.

ADEQ previously opened a public comment period on a draft air emissions permit for the facility, which included a public hearing at Hope July 12, 2007. The original version of the draft permit was based on implementation of a provision in federal air quality regulations known as the Clean Air Mercury Rule (CAMR); however the CAMR was vacated by a federal appeals court in the District of Columbia earlier this year. As a result of that ruling, the proposed AEP facility is now required to comply with another provision of federal regulations dealing with controls for Hazardous Air Pollutants (commonly referred to as a 112(g) permit). AEP submitted an application to incorporate the 112(g) permit requirements into the original draft permit, and only comments on the revised portions of the draft permit will be considered by the ADEQ during its remaining review process involving the permit application.

AEP proposes to construct a new coal-fired electric power generating facility near Fulton in Hempstead County, designated as the John W. Turk, Jr. Power Plant .The main steam generating unit will consist of one ultra-supercritical pulverized coal boiler fueled by sub-bituminous coal and natural gas which will power a single steam turbine designed for base load operation with a nominal net power output of 600 megawatts.

The ADEQ technical staff has reviewed the revised application and tentatively decided to incorporate the revisions into the draft permit for the proposed power plant, subject to review of public comments received at next month’s hearing and prior to the September 23, 2008, comment deadline. In addition to new comments relating to the revised portions of the permit application (the 112 (g) permit provisions), all comments made during the original public comment period last year will be considered by the ADEQ before a final permit decision is made. Persons who comment during both of the designated comment periods for the draft permit establish legal standing to appeal any final ADEQ permit decision.

Both oral and written comments will be accepted at the public hearing, but written comments are preferred in the interest of accuracy. Written comments also will be accepted if received by 4:30 p.m. September 23, 2008. Written comments should be sent to: ADEQ Air Permits Branch, 5301 Northshore Drive, North Little Rock, AR 72118. Electronic mail comments may be sent to airpermits@adeq.state.ar.us.

Interested persons wishing to examine the permit application and staff findings and recommendations should contact the ADEQ Air Permits Branch at the above address during normal business hours. Technical information on the draft permit is available by contacting Thomas Rheaume, Engineer, in the ADEQ Air Permits Branch; telephone 501-682-0744.

A copy of the draft permit and application is available for inspection during normal business hours at the Hempstead County Public Library, 500 South Elm Street, in Hope. Copies of the draft permit and permit application are also available at the ADEQ’s North Little Rock office. A fee may be charged for photocopying costs. The documents also are available on the ADEQ’s Internet web site at: http://www.adeq.state.ar.us/ftproot/Pub/air/files/SWEPCO-TURK/.

Here are some "talking points" prepared by the Sierra Club.

*SWEPCO’s proposed coal-fired power plant will emit 6 million metric tons of carbon dioxide into our air each year, greatly contributing to global warming

*SWEPCO’S plant will also emit almost 400 pounds of poisonous mercury into our air and water each year, endangering our environmental and public health

*While Arkansas will get 100% of the pollution from this plant, 85% of the power goes to out-of-state customers in Oklahoma, Texas, and Louisiana

*SWEPCO’S plant (after construction) will only employ 100 people, most of whom will come from out-of-state

Lee Creek Cleanup September 6th

2008-08-11T09:15:00.001-05:00

The first ever Keep Arkansas Beautiful: Lee Creek Cleanup is Saturday, Sept. 6 from 9 a.m. to 3 p.m. The cleanup will span from Devil?s Den State Park to the Natural Dam Park. Cleanup from Devil?s Den to the old Silver Bridge on Highway 220 will be cleaned up by teams on foot, horseback, canoe and vehicles, including all-terrain vehicles. Northwest Chapter members of the Arkansas Canoe Club (ACC) will focus on the area from Devils Den to the Silver Bridge at Hwy 220. Members of the River Valley Chapter of the ACC and local landowners will clean the lower portion of the river and will have check in headquarters located at Natural Dam Park. Other chapters of the ACC will also help in the effort by attending where they feel they will be most useful. The USFS will have a check in station at the Silver Bridge area of Hwy 220. The main Headquarters for this event will be located at the Day Use Horse Parking Area at the west end of the Devils Den State park just off of Highway 220.

The purpose of this cleanup is for swimmers, whitewater paddlers, bass-anglers, nature enthusiasts, landowners and concerned citizens to take part in keeping a designated Extraordinary Resource Water (ERW) in condition for the designated uses currently listed for the river. Citizens of Northwest Arkansas, the River Valley and tourists rely on Lee Creek for many recreational uses throughout the year. This is why so many people are going to be participating in the cleanup effort to take care of one of their favorite water resources.
The Keep Arkansas Beautiful: Lee Creek Cleanup is one of many kick-off events for the Great Arkansas Cleanup and will be a great activity for adults and children. Several youth clubs, civic and business organizations, private landowners and other individuals will take part in cleanup events across state as part of the Great Arkansas Cleanup campaign between Sept.1 and Nov. 30.
Organizers for the Sept. 6 event include the Washington County Cooperative Extension Service, Washington County Environmental Affairs Office, Washington County Conservation District, Devils Den State Park, United States Forest Service and the Arkansas Canoe Club. Sponsors for the event are: the Keep Arkansas Beautiful Commission, Tyson Foods, Wal-Mart, Sam?s Club, Waste Management, Pack Rat Outdoor Center, Uncle Sam?s Safari Outfitters, Lewis & Clark Outfitters, Southtown Sporting Goods 2, Arkansas Canoe Club, Audubon Arkansas, Arvest Bank, the Ozark Society and the Arkansas Game and Fish Stream Team.
Cleanup volunteers will be treated to many thanks, free food and refreshments, as well as some fantastic door prizes.
The cleanup schedule includes volunteer check-in and cleanup from 9 a.m. to 1 p.m.; lunch from 1 p.m. to 3 p.m. and door prize giveaways from 2:30 p.m. to 3 p.m.

Contact Debbie Doss for more information. ddoss@conwaycorp.net

City of Bull Shoals Hosts Executive Director of Table Rock Lake on Lake Water Quality Effort - June 4

2008-05-28T12:48:00.007-05:00

This looks great...acknowledgments to the City of Bull Shoals! Gene

The people around Table Rock Lake knew they had a big water quality problem and decided it was their job to fix it. You're invited to come find out how they are doing it.

The city of Bull Shoals has invited David Casaletto, Executive Director of Table Rock Lake Clean Water Inc., to share their story. The presentation is Wednesday, June 4th at 10 AM at the Gaston Visitor Center at the Bull Shoals end of the dam. Any one interested in protecting the lakes and rivers is very welcome to attend this impressive slide show.

Among other things, David will talk about advanced technology for on-site wastewater treatment systems that work much better in our rocky karst topography. Better solution, less pollution. His presentation also includes information about the huge grants they got to be the Table Rock Lake National Demonstration Project.

His web site: www.trlwq.org/

The project: http://www.trlwq.org/onsiteDemoproj.html

For information, call Carol Short, Planning Commission Chair, at 870-405-4133.

--
Carol Short, Chair

Bull Shoals Planning Commission

870-405-4133

Bartmess Open Pit Mine Application

2008-05-28T10:29:00.004-05:00

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.

Corps of Engineers: White River Flow Control

2008-05-22T08:26:00.003-05:00

The Corps of Engineers has put online their operating guidelines for regulating the water flow through the four dams of the White River system. Those guidelines are pegged to two indicators:

the river level at two points downstream (Newport and Georgetown), and
the flood-control capacity of the four lakes at any point in time.

The document divides the "year" into specific seasonal guidelines. For those who are interested in anticipating White River water releases from system dams, those guidelines could provide a peephole.

They can be seen here.

New EPA Water Quality Short-Course

2008-05-19T22:40:00.002-05:00

EPA is offering what appears to be a useful online training: Here is their announcement:

Water Quality Standards Academy: New On-line Training Course
EPA has developed a multi-media, web-based training course for state and tribal employees and the general public on key aspects of the water quality standards program and other related Clean Water Act programs.

This internet-based training program is an abbreviated version of the week-long, in-class Water Quality Standards Academy course, and includes the following modules:

Introduction to EPA and the Clean Water Act,
Waterbody Uses,
Water Quality Criteria,
Antidegradation,
Standards Submittal and Approval, and
Variances, Using Attainability Analyses, Mixing Zones and Other Flexibility Options.

Each of the modules is designed to be completed in about 15 minutes.

The online training course is designed for people with little familiarity with the water quality standards program, but it can also serve as a good "refresher" for people with experience in this subject.

To access the online training course, visit http://www.epa.gov/waterscience/standards/academy/.

For more information, please contact Ibrahim (Bryan) Goodwin at 202-566-0762 or goodwin.bryan@epa.gov.

Development: The Bluffs at Rivercliff

2008-04-25T04:51:00.006-05:00

The Bull Shoals Planning Commission met to discuss the above proposed development. This summarizes that meeting, and upcoming events.

PROCESS:

The development planning itself is in the 2nd stage (sketch plan previously okayed, and now preliminary plat approval is sought). Prelim Plat approval includes construction plans, which will be reviewed also.
Once that stage is okayed (possibly in May), construction of infrastructure can begin (water, sewer, utilities, streets, storm system, etc).
Final plat approval is AFTER this construction is completed; at this point, the City accepts the infrastructure.

The Commission looked at and discussed at length the proposed plat, construction plans, etc. No action at this point.Tomorrow night's City Council meeting will have this develoment on its agenda, as required by ordinance. However the council is only advisory; the Planning Commission has final authority, and will receive council's input as a part of their process.

KEY POINTS OF MEETING:

Development has new engineering firm (Strider Engineering of Mountain Home); they've designed for six additional lots (now total 21).
Topography is very steep. and slopes toward Rivercliff Golf Course, adjacent to the river.
Chair has already submitted the storm water drainage plan to ADEQ for their review. The engineering firm representative said the developer has in place a permit for the site, and said ADEQ has been onsite with him.
One commissioner said the storm drainage plan is so important it needs to be reviewed by people who know what they're doing -- not the commission.
The individual commissioners expressed strong commitment to maintaining White River water quality. They desire to have both a "quality development" AND maintain water quality.
As I understood the storm drainage plan (as an audience member, no detailed examination), the plan is to collect drainage to 4 locations, then channel it underground to the lower side of the development, where it will surface into 4-inch shot-rock "check dams" whose job will be to collect sediment. The city will own these and must maintain them. Water will then flow above-ground to golf course (10th fairway then 18th fairway), then to a creek which runs to the river.
Chair expressed concern that the developer stabilize the road cuts.
I expressed that while the development seems positive for the city (on paper high quality with water, sewer, curbed/guttered streets, underground utilities, etc), Friends is concerned that silt during construction and storm water after construction could affect water quality. I reminded them of the recent Norfork experience that affected that river. Commission members, to a person, stated strong support for maintaining water quality. I believe them.

KEY UPCOMING EVENTS:

City Council: council members should express at tomorrow night's meeting a request to Commission that serious attention be paid to Storm Drainage review process. The council should also commit publicly to monitor the develoment (if it is approved) very closely to assure the adherence to construction plans approved as a part of the process. Recommend Friends contact at least one city council member and mayor prior to tomorrow night's meeting. I am not acquainted with Mayor Ron Richter.
ADEQ review of storm drainage plan and protection measures is key.
May 13th & 27th Commission 1 pm worksessions will almost certainly have this as an item.
Next regular meeting for official action scheduled for May 28 @ 7 pm.

AETN documentary addresses state’s water concerns - Apr 24, 9pm

2008-04-17T15:50:00.004-05:00

AETN documentary addresses state’s water concerns

CONWAY, Ark. (AETN) — Arkansas has long been a water-rich state, receiving approximately 42 inches of rain annually. But industry, agriculture, population growth and pollution are taking their toll, raising concerns about a water crisis in the state.

The Arkansas Educational Television Network addresses this potential crisis in “Troubled Water,” premiering Thursday, April 24, at 9 p.m.

The film complements the study, “Water Issues in Arkansas an Unfinished Story,” commissioned by the Winthrop Rockefeller Foundation and prepared
by FTN & Associates, Ltd.

“When you consider that 71percent of the Earth’s surface is covered in water, it’s hard to imagine that we could ever run out,” AETN Production Director Carole Adornetto said. “What we fail to realize are the demands
we’re placing on this fragile resource and the possibility that even in the Natural State we could so severely damage, pollute and exhaust our environment to the point that it might not replenish itself.”

“Troubled Water,” an AETN original documentary, travels across the state to learn more about the strains on Arkansas’s water resources from those who know it best: farmers, geologists, experts and concerned citizens.

They share their opinions and stories about how water is managed and what should be done to protect this irreplaceable resource.

“Issues related to water quality, quantity and availability are affecting the people of Arkansas more and more,” hydrologist Jim Petersen of the U.S. Geological Survey Arkansas Water Science Center said.

“Water affects human health and safety, ecosystem health and our economy – think floods and droughts; drinking water; agricultural usage; nutrients, sediment and
pharmaceuticals in our waterways and drinking water; recreational use and aesthetics.

“There are hard choices ahead that will require an informed public. This documentary explores many of these issues.”

Topics highlighted in the film include: the 8 billion gallons of water per day needed to irrigate Arkansas’s 4 million acres of crops; cones of depression in the Sparta and Alluvial aquifers; the Grand Prairie Area Demonstration Project; Union County’s response to being declared as a
critical groundwater area; taste and odor problems with the water in Beaver Lake in Northwest Arkansas; development in the Lake Maumelle Watershed; Oklahoma’s lawsuit over the Illinois River; and sustainability practices.

Interviewees discuss the many ways water is changing in the state, from the need to dig wells deeper and deeper to a decline in waterfowl hunting due to dry seasons. They express their opinions on using water more
efficiently, finding new sources for water, development in watersheds and changes in quality.

“Troubled Water” features segments taped at Lake Maumelle, Beaver Lake, Stuttgart, De Valls Bluff, Weiner, El Dorado and Clarendon.

The film is closed-captioned in both English and Spanish. It was produced by AETN’s Mark Wilcken and narrated by Julian Rebolledo.

The film is funded in part by a grant from the Winthrop Rockefeller Foundation - http://www.wrfoundation.org/, and the
“Water Issues in Arkansas” report is expected to be published by summer.

The Arkansas Educational Television Network
- http://www.aetn.org/ - provides lifelong learning opportunities, improves and enhances Arkansans’ lives and celebrates the unique culture of Arkansas through its programming and services. AETN’s analog and digital transmitters and numerous cable system connections give it statewide reach.

Interview Subjects in the documentary

Hunter Jones: Rice & Soybean Farmer, Weiner

Cathy Hood: President, Arkansas Rice Festival, Weiner

Shawn Lynn: Owner/Operator, Kill Zone Duck Calls, Weiner

Billy Adams: Rice Farmer, Weiner

Buddy Schwartz: Retired Rice Farmer, Weiner

FOR IMMEDIATE RELEASE

CONTACT: Tiffany L. Verkler
501-682-4157
April 15, 2008

New Development in Bull Shoals asks for plat approval - Public meeting Apr. 23

2008-04-17T14:28:00.004-05:00

Dear all,

Following is a notice from the Bull Shoals Planning Commission on a plat for a new development. A plat describes the area to be developed, size of lots and other design proposals for streets, drainage and other services. These meetings focus on whether the proposals fits within the framework of present regulations regarding development in this area.

You'll learn a lot. Citizens are often frustrated by the fact that current regulations seem inadequate to provide sufficient protection of our water, adjoining landowners and the character of the neighborhood itself. However, these regulations are set by ordinances passed by the City or County, not the Commission. The Commission itself has authority only to enforce those ordinances and related regulations. Talk to your City and County officials if you have suggestions.

Gene

Strider Engineering has turned in a preliminary plat for Bluffs at Rivercliff, a proposed project next to Rivercliff Golf Course. It will be discussed at the planning commission meeting Wednesday, April 23 at 7PM at city hall. The public is invited to attend and comment. The approval of the preliminary plat is the go-ahead to begin construction. A vote will not be taken at the April meeting, but at a special or regular meeting in May.

Carol Short, Chair

Bull Shoals Planning Commission

870-405-4133

870-445-2805

2008 Impaired Waters List Available for Comment

2008-03-11T11:21:00.003-05:00

Mike has been prompting me to post to our blog, so here goes.

Following is a notice about the new Impaired Stream List, commonly called the 303(d) list. Arkansas is required to monitor, analyze and list streams (and lakes) that are "impaired" because they do not meet water quality standards, set by the State with approval from EPA. This requirement of the Clean Water Act occurs every two years.

There is a public hearing in Little Rock March 12, but comments can be made until March 26th, as indicated near the end of the notice.

If you want in depth information, I direct your attention to the following link on the Arkansas Department of Environmental Quality 9ADEQ) Web site

http://www.adeq.state.ar.us/water/reports_data.htm

Check out the 2004- 303(B) document, which is a much more in-depth look at how Arkansas monitors and evaluates streams. (Note: Arkansas was sued a few years back to inspire compliance.)

Also check out link on the West Fork. A good analysis of what is happening on many of our tributaries. Warning: These are very long documents.

Best,
Gene Dunaway
President
Friends

2008 IMPAIRED STREAMS LIST HEARING SCHEDULED

The Arkansas Department of Environmental Quality (ADEQ) will hold a public hearing at North Little Rock March 12, 2008, to receive comments on the agency’s proposed 2008 Impaired Waterbodies List (commonly called the 303d List). The hearing will be held at 2:00 p.m. in the Commission Room at the ADEQ headquarters building, 5301 Northshore Drive.

(A separate public hearing on the 2006 303d List was announced last month and is still scheduled for 2:00 p.m. February 19 at the ADEQ offices.)

Prior to accepting formal public comments at the hearing, the ADEQ Water Division staff will present a short program discussing the proposed 2008 303d List. A period of time will also be set aside for informal discussion and questions and answers before the formal public comment period begins.

The 303d List is developed by the ADEQ every two years under provisions of Section 303d of the federal Clean Water Act. The ADEQ assesses water quality monitoring data from numerous locations around the state, and utilizes a comprehensive assessment methodology approved by the U.S. Environmental Protection Agency (EPA) to determine which waters are not meeting all of their designated uses as listed in the Arkansas Water Quality Standards (Regulation No. 2 of the Arkansas Pollution Control and Ecology Commission).

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2006 Impaired Streams List, Page Two

Water quality data from more than 700 stream sampling sites and 210 lake sampling sites were considered during the development of the proposed 2008 303d List. The sampling stations were either part of the ADEQ’s statewide water quality monitoring network, special surveys conducted by the ADEQ, or sites sampled by the U.S. National Park Service within the Buffalo River Watershed. Other water quality data from federal state, and local government agencies, as well as from private entities in Arkansas and adjoining states, were also evaluated during development of the proposed list.

A complete listing of impaired waterbodies can be found in the tables following the narrative of the draft 2008 303d List. Copies of the list are available on the ADEQ’s Internet web site at www.adeq.state.ar.us or can be obtained by contacting Jim Wise in the ADEQ Water Division; telephone, 501-682-0663; e-mail, wise@adeq.state.ar.us.

Copies of the proposed 2008 Arkansas 303d List also are available for public inspection during normal business hours at the ADEQ’s Public Outreach and Assistance Division, located on the second floor of the ADEQ headquarters building, 5301 Northshore Drive, North Little Rock. In addition, copies of the list are available for public review during normal business hours at ADEQ information depositories located in public libraries at Arkadelphia Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the University of Arkansas at Pine Bluff and the University of Central Arkansas at Conway; and in the Arkansas State Library located on the State Capitol grounds at Little Rock.

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2006 Impaired Streams List, Page Three

Oral and written comments on the proposed 2008 303d List will be accepted at the public hearing, but written statements are preferred in the interest of accuracy. In addition, written statements will be considered if received no later than 4:30 p.m. March 26, 2008. Written statements should be sent to: Jim Wise, Arkansas Department of Environmental Quality, Water Division, 5301 Northshore Drive, North Little Rock, AR 72118; e-mail: wise@adeq.state.ar.us.

Proposed revisions to the 2008 Arkansas 303d List will be incorporated into the 2008 Arkansas Integrated Water Quality Monitoring and Assessment Report (commonly called the 305b Report), after approval by the ADEQ director and the Region 6 office of the EPA.

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Holiday Mountain Resort Treatment Facility Permit Mod

2007-12-13T10:52:00.000-06:00

Holiday Mountain Resort (HMR), located just upstream from the White River along South Sylamore Creek has requested a modification to their waste treatment facility which will allow a connection to their existing waste treatment facility. The request would allow a sewer connection from a 37 home development called Creekside Subdivision along South Sylamore Creek - the exact location of which is not obvious from the permit modification application. About year ago when HMR requested a renewal of their operating permit, it was specifically stated that there was no plan to allow this planned subdivision to hook into the HMR facility. The subdivision developer has already apparently secured the easements from the owners who own property the sewer line will traverse and is obviously working with Holiday Mountain Resort to make the necessary modifications to thier treatment plant so it will handle the effluent from this new subdivision. The NPDES permit modification application clearly shows these agreements. I suspect this subdivision is located on the opposite side of South Sylamore Creek from HMR's existing facility and I will be trying to identify exactly where these houses will be built with respect to S. Sylamore Creek and the HMR treatment facility. I will also attempt to specifically locate where the sewage connection line will run and if it crosses South Sylamore Creek, where and how this crossing is to be made.

Another area of concern is that there apparently is an SWPPP in the works for the first several lots of this subdivision which is described as involving less than 5 acres. I suspect this listing of less than 5 acres hass being defined so that a comprehensive SWPPP with a permit can be avoided. If this development is for 37 homes whch would be consistent with the requested modifiacation to the HMR waste facility modification, then a SW permit and a complete SWPPP evaluation and plan must be produced and approved. I suspect this smaller development parcel is an intentional attempt to avoid having to develop the comprehensive SWPPP which would go along with the SW Permit.

I have filed a request for a public hearing with ADEQ on this requested modification to the Holiday Mountain Resort's treatment facility and will post when and where this hearing will be held as soon as it is established and will post additiional information on this subdivision and the sewage connection line location as it becomes available.

Trout Management Plan

2007-12-12T16:27:00.000-06:00

The Arkansas Game and Fish Commission began developing trout management plans for each of the tailwaters a few years back. This past spring they began the task of doing a plan for the White and Norfork. It was saved for last because it will be the most contentious. After several public input sessions and several advisory committee meetings, they released a draft plan last week. The draft plan can be found on their website www.agfc.com.
The plan contains strategies for managing the trout, the trout fisherpeople and the watershed.

I plan to share some of my views regarding this draft on this blog soon.

Friends of the North Fork and White Rivers Blog is On-line!

2007-11-25T13:44:00.000-06:00

This is the new blog for the Friends of the North Fork and White Rivers. Friends President Gene Dunaway and other Friends members will periodically post items of interest the Friends of the Rivers and other citizens concerned about water quality, watersheds, and preservation of the White and North Fork Rivers.