2007 – 2008 Highlights

Issues & Interventions

• Stopped commercial stream bed gravel mining on Crooked Creek.
• Played a major role in the suspension of stream bed gravel mining on Crooked Creek. In partnership with the Crooked Creek Coalition, we spoke at public hearings, commented on permit applications and eventually retained counsel to participate in an appeal process. We provided key witnesses like Dr. Art Brown who generously contributed his time. In the end, ADEQ's suspension decision was affirmed by the Arkansas Pollution Control and Ecology Commission. This has taken over 20 years to accomplish. It is a turning point in our long term goal to stop commercial stream bed mining which continues on other creeks and in the White River itself. See the video.

Remember, most stream bed mining (est. 75%) continues and is done illegally or by landowners under the so called “landowners exemption.” While removing small amounts is not harmful, others are removing large amounts to off site locations to build subdivisions, essentially circumventing commercial mining regulations. In my opinion this is not what the legislature originally intended.

• Supported Baxter County in adopting an Erosion Control Ordinance to supplement Stormwater law enforcement.
• Friends provided model ordinances, attended Planning and Zoning meetings and provided testimony to Baxter County Quorum Court at two meetings. The Court, with leadership from Judge Hall and Lynn Lasky, adopted an Erosion Control Ordinance that will ensure compliance before clearing begins and allow the County to stop development if there are violations.  The ordinance was initially voted down, then revived, and finally passed unanimously at the urging of a room full of citizens and Friends members. This was a major effort with special thanks to Board Member, Leon Alexander, for his leadership. Leon was recognized as Water Conservationist of the Year by the Arkansas Wildlife Association! Our appreciation to members of the Quorum Court for the hard work it took to craft a consensus document.
• Monitored and followed numerous sites to ensure compliance with water quality standards, laws and regulations.
• Most enforcement of Arkansas stormwater runoff laws are “complaint driven.” That means, unless citizens complain, there are no inspections before stormwater permits are issued and no monitoring of compliance after they are issued. Unfortunately, citizens don't recognize these sites until they are destabilized and the damage is done.
• Board members and concerned citizens spent countless hours working with the regulatory community and developers to identify non-compliance sites and continue to work to secure compliance. This requires constant follow up as ADEQ staff is overwhelmed with work and short of staff, especially with the expansion of gas drilling in the Fayetteville shale.
• Board member, Leon Alexander, deserves special recognition for his tireless work on the Overlook Estates site. We also acknowledge the Arkansas Council of Trout Unlimited (TU) for joining the Arkansas Department of Environmental Quality (ADEQ) in litigation that stabilized this site and recently secured a $175,000 judgment from Homeport Land Company, LLC and the developer. Special thanks to Dennis Benson for his skillful job as liaison regarding this site. This case is a reminder of how important it is to “stop it at the source.” We want compliance as enforcement is costly and inadequate. $75,000 of the Homeport penalty is available for a Special Environmental Project (SEP).
• Friends has proposed a $37,500 SEP project from the Homeport settlement monies for a “North Fork Riverwatch Project.” The project would hire a “riverwatcher” to monitor the river and watershed and to provide education to citizens and developers within the watershed.
• Friends has also joined TU and Game and Fish as a “participating organization” on a related proposal that would focus on habitat improvement and bank stabilization along the North Fork River. We'll keep you posted.
• Held meetings with Governor Beebe and major agency personnel.
• Board members made several trips to Little Rock to meet with Governor Beebe and staff; Teresa Marks, Director of ADEQ; Randy Young, Director of Arkansas Natural Resources Commission; Scott Henderson, Director of Game and Fish. senior staff at the Corps of Engineers;  and, heads of all major water related departments at ADEQ.  This is done as part of our goal to cultivate working relationships with state government. Governor Beebe and Director Marks have earned our respect and appreciation for keeping their promise to protect our environment. 
• Participated in working groups and actively tracked major initiatives that affect our rivers. Commented on numerous regulatory changes and permits.
• Actively participated in AWAG (Arkansas Watershed Advisory Group) activities and meetings. AWAG helps watershed groups develop and function effectively. (Gene is speaking at the biennial AWAG Watershed Conference in Little Rock, Oct 30, 31, Nov 1.)
• Worked to stop regulatory changes that would have created a process to allow the damming of our Extraordinary Resource Waters (ERW) which are the last free flowing streams in Arkansas.  This change in Regulation 2 was part of the Triennial Review Process that reviews Arkansas water quality standards. After more than a year of work, a compromise agreement was reached but then rejected by EPA who ruled that no degradation could occur. So, it appears this move to dam our streams is stopped…for now.
• Continued work on an ongoing basis as part of the Arkansas Conservation Coalition group, a loose knit coalition of water focused organizations in Arkansas. 
• Minimum Flow update – Final approval of the project is complete. Efforts are now focused on funding.
• Dissolved Oxygen update – Governor Beebe and critical major stakeholders met recently for serious talks on this issue. Friends is actively participating and extends thanks to John Wilson and George Peters for helping move this issue to the top of the list.  Kudos to Darrell Bowman, former Trout Biologist, whose educational evening helped us all understand the importance of solving this issue. Beyond the senseless killing of fish, weight gain is significantly affected and big fish tend to congregate near the dams.  Unfortunately, state and local government are impacted by the economic slowdown so funding will continue to dry up. COE is many millions short in funding current projects.
• Board members are actively participating in the formulation of the Game and Fish Trout Management Plan meetings. Water quality concerns are at the forefront of this discussion as everyone is recognizing that fish need clean water and that means cleaning up the watershed. 
• Jeff Williams is doing a great job stepping into Darrell Bowman's position as Trout Biologist with Game and Fish in Mountain Home.