An extraordinary amount of damage has been inflicted on over a mile of Mill Creek, a beautiful free flowing creek in Izard County that empties into Piney Creek approximately 2 miles above Boswell on the White River. These creeks have large springs, clean sand and good fishing, including trout. However, the absence of silt and clay within the soils results in the sand being particularly susceptible to erosion.
With the apparent knowledge and direction of the owners, extensive clearing has taken place with a dozer that has removed most of the vegetation and trees for approximately a mile along Mill Creek. Some of the clearing appears to be related to an open-cut mining application by B&H Resources, LLC, but it seems that clearing took place outside this area as well. The pictures show what happened (
click for the pictures) but don't answer the big questions, "Why would someone do this to the creek? and "Why did this go on for so long before it was stopped when several State and Federal Agencies were aware of the site as well as working with the owners?"
A number of people, including landowners and others who love Mill Creek and Piney Creek, have been trying to stop this since January 2008. The group invited Friends Board members (FNFWR) to meet with them. On June 14th, 2008, we met with a group of 35 and explained to them how mining and stream protection works… or doesn't work… in Arkansas. The Friends of Mill Creek and Piney Creek was born, with Tammi and Max Trotter, local landowners, as coordinators. A Petition was written and signed and is still circulating.
Working with members of the group, some swift action resulted in an Emergency Order being issued on June 19 by Teresa Marks, Director of Arkansas Department of Environmental Quality (ADEQ). (
Click here to link to emergency order) In the Order, B&H was directed to cease and desist clearing activities and provide a plan to restore the site by June 23rd. Our thanks to everyone who called or wrote to have this happen and to Director Marks and her staff for their actions this week.
Tammi Trotter wrote an excellent article that was published in the White River Current. (
Click here for link to White River Current article) We will keep you up to date on our blog as this story unfolds. (
click here for the blog)
Background and History
The short version is… to the best of our knowledge at this time, B&H Resources, LLC, applied for an open-cut mining permit to mine sand in December of 07. (
Click here to link to Mining Application (big pdf file).) Even though a permit has still not been issued, clearing began on large areas along Mill Creek, both inside and outside the proposed mining area. Trees were bulldozed and the roots completely removed, leaving no protection of what was left of the stream bank. Massive erosion and siltation has occurred, especially with the large floods we've had since clearing began.
A number of State agencies were engaged with this project and should have known what was happening, yet the destruction went on far too long.
Last year, B&H applied for a $10 million dollar loan assurance from USDA and after review by the State of Arkansas, the loan guarantee was approved by the Arkansas Natural Resources Commission (ANRC).
According to real estate ownership maps and the mining application, George Bartmess owns several thousands acres in Izard County, principally operated as an elk hunting preserve. Mr. Bartmess sold 249 acres to B&H who applied for an open-cut mining permit in December. According to the application, the company intends to mine silica sand on 249 acres of land located in alluvial fields along Mill Creek. This sand has a large potential value for use in the gas "fracing" process, the method of extraction used to mine the Fayetteville shale gas area, which is developing south of here.
The following are excerpts from the report of Tony Morris, ADEQ Inspector, who inspected the site on June 13, 1008. (
Click here to see the full report)
According to adjacent land owners, the company began clear cutting timber on the mine site, including the riparian areas, in January 2008. Clearing of stumps and residual vegetation began in April of 2008. At the time of this investigation there was equipment parked near the confluence of Peorogue Creek with Mill Creek and signs of recent dozer operation on the stream banks. As a result of the removal of the riparian vegetation, massive bank erosion is occurring along Mill Creek over an approximately one mile reach within the proposed mine site. No effort is being made to control erosion and as a result, the gravel substrate is smothered in sediment and the pools are filled with sediment through the length of the stream on the mine site to below the confluence with Piney Creek a distance approaching 2 miles. The massive sediment loss from the mine site to area streams is causing a significant alteration of habitat.
Enforcement action was recommended.
What's Next? What can I do?
FNFWR is not opposed to open-cut mining of resources. However, this should always be accomplished with the certain understanding that resource extraction will not put our water and streams at risk. Unfortunately, our current system of management and protection by ADEQ and other agencies is not working well. We are having too many instances where existing laws are inadequate and/or not being adequately enforced.
ADEQ and staff are underfunded and get mixed messages from state legislators. Some legislators believe our streams should be protected while others contend that "private property rights" dictate that each landowner should be allowed to make a personal decision as to whether they want to destroy the streams that border their property. They ignore the fact that property rights include the responsibility not to harm your neighbor's property or destroy our streams, as clean water is a public right. Ironically, most of the active members of FNFWR and Friends of Mill Creek and Piney Creek are property owners who are appalled that someone could be allowed to destroy our streams.
This has resulted in a system where there is little active monitoring and enforcement of unlawful activities on our streams. The system is basically "complaint driven" which means that unless citizens complain, little will be done to stop the continued destruction of our streams (we recommend filing an anonymous complaint). Click here to go to form
http://www.adeq.state.ar.us/home/complaints.htm
Changes at the State level will be slow to come. However, County government through the Quorum Court has the authority to pass and enforce ordinances and regulations that could stop this kind of destruction, IF they were willing to act. Our current approach is to work with ADEQ to secure compliance with existing laws, educate the public and elected officials and work with the counties to pass ordinances that reflect the will of the people. Baxter County has already begun by passing an ordinance that requires erosion control measures are in place before large scale clearing begins. A protected "buffer zone" along all our streams would be a great idea.
If we do not have the time or money or political will to stop the destruction of our streams now, where will we find the time, energy and money to restore them after they are gone? LET'S STOP IT AT THE SOURCE!
We suggest contacting the following people and letting them know that you want 1) the desecration of Mill Creek to stop and 2) adequate laws and funding to assure our streams and property are not damaged in the future.
The Honorable Rayburn Finley
County Judge, Izard County
P.O. Box 327
Melbourne, AR 72556
870-368-7228
Fax: 870-368-4118
Email:
kkieffner@centurytel.net
Senator Paul Miller
P.O. Box 488
Melbourne, AR 72556
Ph. 870-368-7329
Fax: 870-368-4605
Representative Eddie Cooper
P.O. Box 1
Melbourne, AR 72556
(870) 368-4409
Mr. Steve Drown
ADEQ Water Division Chief
5301 Northshore Drive
North Little Rock, AR 72118-5317
drown@adeq.state.ar.us
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