Time is Running Short to Make Comments

[Danoinark]

As posted by Ken Richards on another forum:

OUTLOOK ESTATES

The comment period for the ADEQ fines is coming to a close. We need to get our letters in quickly.

This is from Dennis McCarty and Leon Alexander.

ADEQ has notified Homeport Land Co. of violations at three other construction sites and proposes a fine of $38,900.

This is now open for public comment. E-mail comments are not acceptable. They must be in letter form, signed with an address.

I am sending you, under seperate e-mails, the violations along with a sample responce written by Leon Alexander. Please take the time to review this information and prepare a written respnose to ADEQ by 12/05/2006. The deadline is 12/10/2006.

The Notice of Violation for the other three (3) Homeport Land Company unpermitted construction sites was public noticed on November 10, 2006. This Notice is now open for public comment.

The link below is to a signed copy of the NOV. Comment on the NOV can be submitted to:

ADEQ

Legal Division

PO Box 8913

Little Rock, AR 72219

www.adeq.state.ar.us/ftpr...06-139.pdf

Here is a the response letter from Leon Alexander. You can copy it or put it into your own words. Remember your response must be signed and in a letter form.

From Leon-

All,

Attached is a letter I will be sending to the ADEQ regarding the proposed penalties against Homeport Land Co. regarding runoff at three additional sites in our area.

Please feel free to use this letter for your response and feel free to modify it any way that suits your opinions. The letter must be signed and mailed to the address on the letter no later than Dec. 5. The review period ends on Dec. 10.

Your responses will be read and considered by ADEQ.

Let your views be heard.

Best Regards,

Leon Alexander

PO Box 117

Norfork, AR 72658

870-499-3167

Leon's response -

November 21, 2006

ADEQ

Legal Division

PO Box 8913

Little Rock, AR 72219

Re: Notice of Violation

Homeport Land Co., LLC

Mountain Top Estates, Marion County

The Highlands Subdivision, Marion County

Big Bend Estates, Baxter County

Dear Sirs,

Please accept this letter as my response to the above violations published on November 10, 2006 against Homeport Land Co. in the amount of $38,900.00.

It is my sincere belief that the penalties should be at least “Treble Damages” due to the fact that this developer was already under violation at the Norfork Overlook Estates site. Not only was he in violation, he had been issued an “Emergency Order” from the ADEQ “to cease and desist from polluting the rivers of the State of Arkansas” AND he is being sued by the ADEQ for not obeying the Emergency Order. Yet he disregarded these notices of violations and orders and proceeded on these sites without the proper NPDES Permits.

Due to his disregard for the regulations regarding this type of construction and based on his previous actions resulting in the polluting of the rivers of the State of Arkansas, he should bear the full extent of any and all penalties associated with these violations. It is clear that he had previous knowledge of the existing permits and chose to proceed without regard or fear of penalty.

Based on this set of circumstances, triple the fines should be considered.

Thank you for your consideration of my opinions. Please include me in any future actions regarding this Notice of Violations against this developer.

Sincerely,

Thanks everyone for responding to this fine process in advance. We need to be very active in this continuing saga.

By the way. TU has been accepted into the lawsuit with Overlook Estates and it looks like the lawyer from Memphis will be allowed to be involved and practice in Arkansas. The judge is a traveling judge. He serves several counties. Looks like something will happen after the first of the year because of the holidays. Just in time for the One Year Anniversary.

Ken "Drifter"

"Life's too short not to row a boat."

http://justfishinguides.com

[Kansas Fly Fisher]

Will have my letter in the mail today. Thanks for the heads up Dano.

John

[Danoinark]

John, Thanks bud!

Also an official with ADEQ says he is hoping for a large public response. It would probably be best to get the letters out by December 5, as the deadline for letters is December 10. I would hope others who fish Norfork and also enjoy clean water fisheries will send in a letter.

Dano

[Rusty]

I sent one out today as well. ADEQ really needs to here from people. Besides, it is tax dollars that are paying their salaries. Let more than your hard earned money be heard.

If you don't know about this, there are numerous threads on John Wilsons forum as well as some here.

[Steve Smith]

Sent my letter yesterday Dano.

[Danoinark]

Thanks gents!