I Had a Feeling This Might Happen

[Danoinark]

As reported in the Baxter Bulletin Newspaper

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ADEQ meets for settlement talks

JOANNE BRATTON

Bulletin Staff Writer

LITTLE ROCK — Parties in a civil lawsuit against a Marion County developer met Monday to discuss negotiating a settlement in the case.

Attorneys for the Arkansas Department of Environmental Quality, Trout Unlimited and Homeport Land Co. met for two hours Monday and agreed to a draft consent decree, said Bob Estes, a Fayetteville attorney for Trout Unlimited.

The nonprofit organization joined in the ADEQ lawsuit that was filed against Homeport Land Co. in August. The agency filed the lawsuit demanding the company stop construction of the subdivision development Overlook Estates until it complies with environmental laws and installs proper erosion controls.

If a final consent decree is agreed upon by the parties, a judge would sign it during a March 16 hearing set in Baxter County Circuit Court, Estes said.

The Baxter Bulletin was denied access to the meeting after requesting to attend under the Freedom of Information Act. ADEQ spokesman Doug Szenher said the agency's governing body is the Arkansas Pollution Control and Ecology Commission. The meeting would have been open if two or more of those members were in attendance, he said.

The March hearing was set after an ADEQ attorney visited Overlook Estates in December, after the lawsuit was filed, and found the site had deteriorated. The 100-acre development sits above the North Fork River near the Norfork Dam, a popular trout-fishing area.

Last month, Gov. Mike Beebe requested an appropriation for site cleanup. The bill, which went before the Joint Budget Legislative Committee, would allow up to $350,000 to be used from the ADEQ's Environmental Settlement Trust Fund if a judge approves ADEQ to clean up the site.

State officials have said the cost to clean up the site would be about $500,000. The Arkansas Game and Fish Commission may contribute the remaining $150,000.

The owner of Homeport Land Co., Benny Doyal, has spent almost $170,000 to clean up the site in accordance with ADEQ standards. In June, ADEQ officials said they were satisfied with the steps Doyal had taken at the site. In August, a heavy rain washed away hay bales and silt fences on the site and the lawsuit was filed.

jobratton@baxterbulletin.com

[John Berry]

I read this article and I am not surprised. The smart thing for this developer would be to settle out of court. I believe public opinion is definately against him. When you have the Governor requesting $350,000.00 to clean up your mess, you may be in trouble. I am very glad that TU is part of this. I feel that they may be able keep this one on the straight and narrow.

[Terry Beeson]

Settling out of court is probably in the best interest of everyone at this point. However, had this become a big public court proceeding, it might have opened the eyes of a lot of the public and many developers that they can not just start scalping the land without repercussion.

I'm with you, John. I'm glad TU has a dog in the fight. Maybe something will begin to happen soon.

"The owner of Homeport Land Co., Benny Doyal, has spent almost $170,000 to clean up the site in accordance with ADEQ standards. In June, ADEQ officials said they were satisfied with the steps Doyal had taken at the site. In August, a heavy rain washed away hay bales and silt fences on the site and the lawsuit was filed."

Maybe ADEQ needs to raise their "standards" a bit.

[Rusty]

I wouldn't hold my breath on this. This is just a hiccup in the process. It could take years before anything happens. Delaying the outcome, is for sure, in the best interest of Homeport. Skeptic I guess, but I hope not.

[Crippled Caddis]

The scent of 'the fix' has permeated the whole thing from the very 'get-go'. The foot-dragging by the agencies charged with the fiduciary responsibilities to the people of the state of Arkansas should have been a red flag from the very beginning. It is a signal that 'business as usual' is being pursued at the highest levels.

At risk of being recognized as the old cynic that I am (I prefer to think of myself as a realist ;-) ) I figured up front that we would be the ones assuming the bent over posture. When Boobe appointed the Tyson bagman as his chief-of-staff the assumption seemed assured and when the ADEQ funds were released by the office of the Governor only the final scope and details of the public screwing remained in question in my own mind. Never forget that attorneys are pragmatists first and concerned citizens second. I expect the ones working for ADEQ & TU to do all that they can within the political reality of the situation, but given the on-going reality of Arkansas' political system I don't expect much. Those who work for state agencies will follow the orders of the political bosses and the TU attorney will try to salvage something from the dregs since that will be his sole option. Perhaps a token wrist-slap for Benny as a public sop, but nothing of substance.

Once more 'justice' will be gang-raped by the system.

[Mark]

Reminds me of the John Prine song "Paradise"....

Then the coal company came with the world's largest shovel

They tortured the timber and stripped all the land.

They dug for their coal til the land was forsaken,

then wrote it all down as the progress of man.