Mill Creek - ADEQ Holds Public Meeting Following Stream Inspection

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

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

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

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

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

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

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.