Hey Whats A Little Slap on the Wrist..Homeport Agreement

[Danoinark]

As reported in the Baxter Bulletin.

ADEQ and Trout Unlimited and Homeport Land Co. reach agreement

The ADEQ, Trout Unlimited and Homeport Land Co. reached an agreement in a civil lawsuit Thursday afternoon, attorneys for ADEQ and Trout Unlimited confirmed. ADEQ spokesman Doug Szenher said he believed Friday's court date will be cancelled.

The agreement states Homeport Land Co., a 100-acre subdivision being built above the North Fork River near the Norfork Dam, will install erosion controls at the site.

Included in the agreement is for the development company to submit a storm water and pollution prevention plant to the ADEQ within 10 days of the decree, and to hire a registered engineer.

It also states specific sites where the company must install stormwater controls within a 45-day period.

If Homeport Land Co. fails to comply with the agreement, state agents are allowed to install necessary stormwater controls and seek costs and damages for their expenses, according to the agreement.

An amended complaint states stormwater controls also must be put at three other sites owned by Benny Doyal, which include Mountain Top Estates, The Highlands Subdivision and Big Bend Estates.

[Rusty]

Thanks for the update Dano.

See what your tax dollars will be used for. Hand shake deals in the back rooms.

This is such a slap in the face to all who fish these waters.

[Danoinark]

Yep, it appears all that was asked of Homeport is what he was supposed to do from the beginning. Dano

[Danimal]

What about clean-up of the existing damage, or is it possible? Dan-o

[Crippled Caddis]

<What about clean-up of the existing damage, or is it possible?>

It is widely thought that a clean-up of Arkansas politics is a neccessary first step.;o(

[SilverMallard]

Nah, I have it on good authority that everything is perfect in AR except whatever comes downstream from Missouri.

ADEQ and Ark TU striking a deal with the devil that has ZERO punitive aspects or remediation is nothing short of pathetically embarassing...and completely normal.

[Crippled Caddis]

<ADEQ and Ark TU striking a deal with the devil that has ZERO punitive aspects or remediation is nothing short of pathetically embarassing...and completely normal.>

Dano may have to correct me but I believe TUs only legal role in the case was as a 'friend of the ADEQ' in the complaint. If I am correct they had little if any effect on anything one way or the other, being little more than interested spectators, much like ourselves in truth.

Dano????

[Rusty]

[quote name='Crippled Caddis'

Dano may have to correct me but I believe TUs only legal role in the case was as a 'friend of the ADEQ' in the complaint. If I am correct they had little if any effect on anything one way or the other, being little more than interested spectators, much like ourselves in truth.

Dano????

If that is the case, then why was there an account set up for TU, for people to contribute to the legal expenses in this debacle? And, what exactly was the money used for?

The reason I ask is, when this all started in late 2005 and early 2006, I contacted TU National, more than once via phone and email, and received zero replies. Call me pessimist, but there are reasons for me to question their involvement.

[SilverMallard]

I have no firsthand knowledge on THIS issue, but I suspect TU was on board in the form of an amicus brief...basically a technical consultant siding with the gov't for credibility and "oomph!" Perhaps TU did some technical consulting for ADEQ on remediation. I don't know for sure, but these would be typical. However, it is VERY unusual for TU to get involved in ANYTHING Ozarks trout related. I've talked to national and regional officers about their activities iin this region and their positions on issues important to us. And I have seen virtually NO synergy there or interest from them in Ozarks trout. They DO, however, care a little bit about Ozarks donation $$$ to help fund their work in the West and on the artificial trout fishery in TX, the Guadalupe River. The largest TU chapter in the world is the Guadalupe River chapter in central Texas. The fishery is entirely artificial, almost entirely seasonal, and questionably sustainable. Yet, TU officials have told me they aren't very interested in the Ozarks because our fisheries aren't natural and we rely heavily on stocking programs. Blatant hypocrisy on the face of it. That's why I dropped my TU membership and switched to FFF.

Anyway, my point really was that there is ZERO surprise here. Just business as usual in The Natural State. We're fighting our own battles on this side of the river. We've got a DNR that's losing all semblance of credibility fast. And a bill in the MO Senate that would literally roll pollution protection efforts in this state back about 2 decades...2 decades in which we've made very good progress. We need better restrictions on ag drainage/runoff and we're working on that. Waste water treatment we've got a good handle on. We are also working hard on septic tank regulation and private incentives. Good work being done there, too. But the ag lobby in MO is every bit as strong and ridiculously unenlightened as the ag lobby in AR. So it is always a tough battle for every inch of gain.

It would be really nice if the anglers and water quality stakeholders on BOTH sides of the border could actually stop wasting time and energy pointing fingers back and forth across the state line in a childish effort to determine who is the "worst," and actually work TOGETHER on these issues. The White River system crosses the MO/AR state line about a dozen times before it turns South toward the Mississippi River. Ecosystems do not respect imaginary lines on maps. And the biggest players in Agri-biz and real estate development play on BOTH SIDES of that line. As long as they keep us divided and bickering, they have no opposition worth losing any sleep over.

[Danoinark]

When ADEQ filed its lawsuit, TU was then not able to file one for the same reasons. So its attorneys simply filed as an intervenor. TU was not a plaintiff in this matter. This really didn't give them much negotiating power behind closed doors. I would venture to guess that most of the smoked filled room debate was between lawyers for the plaintiff and Homeport.