This Developer Strikes Again

[Danoinark]

At least there is starting to be alot of press about it:

JULIE STEWART SPECIAL TO THE DEMOCRAT-GAZETTE

MOUNTAIN HOME — A land-development company already accused of polluting the North Fork River is in trouble again with state environmental regulators.

The Arkansas Department of Environmental Quality sued Homeport Land Co. last month, saying sediment from its Overlook Estates residential development was contaminating the North Fork in violation of state law. Now, the agency says the Yellville company is breaking state law at its residential development near the White River.

Homeport failed to obtain a stormwater discharge permit before beginning construction at Big Bend Estates, a 60-lot development south of the city of Norfork near the White River, Doug Szenher, a spokesman for the Department of Environmental Quality, said Thursday. Although the company has applied for the permit, starting construction without one is against the law as well as department regulations, he said.

In addition, a department inspector who visited Big Bend on Sept. 6 found that sediment was leaving the site and entering the White River, which also is a violation, the department spokesman said.

“At this point we are looking at potential legal action, enforcement action, on this particular site. But no final decisions have been made yet,” Szenher said.

The department sued Homeport on Aug. 17 in Baxter County Circuit Court. The lawsuit says the company failed to comply with a department order last spring to stop sediment from leaving Overlook Estates, a development overlooking Norfork Dam in Baxter County, and spilling into the North Fork River.

The complaint seeks temporary and permanent court orders for Homeport to halt site development at Overlook until it complies with state and federal laws. The state also says the company should be ordered to stop the pollution, clean up the stream, and pay unspecified costs, damages and civil penalties.

Homeport denied the lawsuit’s allegations in a formal response filed Aug. 30 with the court.

The company’s attorney, David L. Ethredge of Mountain Home, said Thursday that Homeport owner Benny G. Doyal was only improving an existing road at the Big Bend site.

“I think the state is reacting to issues that have occurred in Overlook, and I think they’re bringing them down to the Big Bend Estates as part of the same problem. I don’t think that’s the same problem,” Ethredge said.

“The state is scrutinizing everything that not only Benny Doyal is doing at this time, but anything that anyone is doing as far as development along the White River and North Fork River. [it’s ] going to get a much stronger look now than it would have done in the past.”

Homeport has until Sept. 28 to submit a written response to the department’s findings regarding Big Bend Estates. Ethredge said the response was being drafted.

In a separate development, a conservation group on Thursday filed a motion to intervene in the department’s lawsuit against Homeport. The Arkansas Council of Trout Unlimited said in court documents that its members want to protect and restore trout fisheries and their watersheds, including the North Fork River, where its members regularly fish and recreate.

Homeport’s actions in polluting the river are causing irreparable harm not only to the river, but also to the council and its members, Bob Estes of Fayetteville, an attorney for the group, stated in the organization’s motion to intervene.

The North Fork is a trout stream that originates at the base of Norfork Dam and flows 4. 8 miles to the White River. In its motion to intervene, the council characterized the North Fork “as one of the best trout streams in the nation.”

[snagged in outlet 3]

I can't believe I'm reading this. You would think at this point that local business owners, local political leaders and just plain old fishermen would be out in force to draw attention to the problem and get it fixed pronto.

I've seen housewives stage pickets and call the local TV news when their yard gets runoff from a builder next door putting up new houses. Are you telling me that this guy still hasn't fixed and repaired the Norfork problem and now has started this new project?

This reflects badly on local and state leaders that apparently don't care or can't get anything done. SAD!!!!!!!!

Snag.

[RiverRunner]

Fisherman like us just need to get organized and scream as loud as possible to be heard and to get things changed. I lived in Alabama for 3 years and was very involved in the bass tournament scene there. We watched as one of the crown jewels of bass fishing in the nation, Guntersville Lake, was poisoned by one of the biggest governement agencies around; the TVA. They completely wiped out all of the aqautic vegetation in the lake which destroyed the bass population and ran off the big-time tournaments that were the economic life-blood of the area. Area fishermen, guides, and tournament organizers managed to get over 500 fisherman to haul their boats in a "funeral procession" from Guntersville, AL to TVA HQ in Chattanooga. The procession was led by a hearse carrying a coffin bearing "the fishery of Guntersville Lake". Needless to say, this generated a lot of media coverage

To make a long story short, it worked. The TVA was forced to work with fishermen and a aquatic vegetation management plan was developed that cut back on herbicide spraying. The grass is back and the bass fishery is stronger than ever before and the big tournaments are back. I learned when I was there that the bass fisherman are a powerful voice in Alabama and they could get stuff done when they got together on an issue. You would think that if the TVA could be brought to its knees by fisherman, so could this two-bit developer. Anyone who visits or fishes the White/Norfork system needs to stand up and make their opinions on this issue known. I would gladly volunteer for a similar style protest as I mentioned above. Its great that we have TU and the ADEQ making moves on this issue, but nothing beats grass roots action by people directly affected by this action.

The rivers that we fisherman cherish and that so many people make a living off of are in a precarious state, if we do not act now it will soon be too late. I am on the White River below Norfork almost every weekend, and I have never seen more trash and debris in the water as I have this year. If we allow this to continue, we might as well start promoting sucker fishing in the White and North Fork. So lets get organized and get our voices heard!!!

[shawncat]

Where? When? How? As far as I know I was the first to report on this site about this mess on Feb.5[docks gone Norfork River]Over six months later it's sounds like it's getting worse,much worse.Being from Missouri I thought It would be a Arkansas issue,better left for state or county residents and local businesses.Man was I wrong!I fish the White and Fork about twice a year and thought the problem would be fixed quick due the beauty of the resource and the money it surely brings to the state and local economy.Wrong again!Judging from reading all the post from out of staters and Arkansas residents we need to be heard now or very soon as RiverRunner suggest.I also went to thank Danoinark for all the hard work in investigating and posting these problems for us.Danoinark you must truly love your states resources as I do. My hats off to you sir, sincerely.Cat

[Danoinark]

Cat

I do have concerns for the natural resources just like all of us here. I feel that rivers have only us to protect them. I believe the government (State, Local, Federal) are the ones truly responsible for being the watchdog of our resources and the people must be the stewards. I hope that the new actions by the Arkansas Department of Evironmental Quality and the TU will be successful, but I am concerned that it may be to late. The damage is done and it may be years before the river repairs itself or never. Dano

[RiverRunner]

What makes me angry is the fact that we have some of the finest fisheries in the world here in Arkansas and they are at most risk from people in this state that have no regard for the treasure that they really are. Just look at this and the gravel mining on Crooked Creek. Arkansas is my home, I was born here and I would prefer to spend the rest of my life here, but it sickens me the way a lot of people in this state treat our waters and other outdoor areas. Many people think that streams and rivers are only good as a dump or somewhere to put in a relift irrigation pump. And if there are any fish to be caught, make sure that you take all of them home with you. So it is no surprise to me that this situation at Norfork has gone on as long as it has.

Like Dano says, it maybe too late to save Norfork, but we can sure do our best to help change attitudes and keep this type of thing from ever happening in our state again.

[Wayne SW/MO]

If people need a reason to get involved with the preservation of our rivers and streams, think about this, the population has more than doubled since I was born,and there are fewer flows!

[Danoinark]

Amen Wayne