No money to rein in erosion, panel told
Environment agency director chided over efforts at site near trout stream
BY KATHERINE MARKS ARKANSAS DEMOCRAT-GAZETTE
Members of a state commission questioned Friday why the Arkansas Department of Environmental Quality hasn’t done more to staunch erosion from a construction site to protect a trout stream in north-central Arkansas.
Director Marcus Devine said the department doesn’t have an emergency fund to pay for the $500,000 cleanup.
“The remedy is going to be very expensive. ... We can’t just go in and correct it,” Devine said when questioned by members of the state’s Pollution Control and Ecology Commission at its monthly meeting.
Commissioners addressed Devine about continuing erosion problems from the Overlook Estates Development in Baxter County.
“If it were a hazardous-waste spill, you’d go in,” Commissioner Thomas Schueck replied. “I’m just looking at it from the part of the citizen up there who’s looking at the river and thinking: ‘Why don’t they come up and clean it up?’”
Devine said that the department’s hazardous-waste division can tap money in the state’s Remedial Action Trust Fund Act to address emergencies. The fund comes from fines imposed for environmental infractions, specifically those involving hazardous waste.
The commissioner’s questions came nearly nine months after the department issued an emergency order and five months after it sued Homeport Land Co., accusing the developer of having lax erosion control and allowing dirt and rocks to spill into the North Fork River. The trout stream originates at the base of the Norfork Dam and flows about five miles to the White River.
On April 28, Devine ordered Homeport to install measures to contain dirt and rocks being uncovered during construction of Overlook Estates. The 100-acre, 48-lot development is on a hill just south of Norfork Dam in eastern Baxter County.
The department sued the company in August, asking that work on the site be halted until the developer complies with state and federal laws and cleans up the stream.
The company has said it halted work on the development and spent more than $160,000 to meet conditions set by the state to prevent erosion.
But commissioners said Friday that erosion has worsened, with recent rains sending torrents of mud from the site into the river.
Commissioner Scott Henderson, director of the Arkansas Game and Fish Commission, said that his employees worry about how long it will take fish in the area to recover. “This is going to take some massive action,” Henderson said.
Sediment can smother insects and other organisms on which fish feed, removing a vital link in the food chain.
Commissioners Charles Mc-Grew said the department may need new powers to be able to immediately address such cleanups.
Ellen Carpenter, a department attorney, said a hearing in the lawsuit was scheduled for March.
In the meantime, Devine said he would act soon on commissioners’ request for a tour of the site.