Baxter County Quorum Court Ordinance To Require Developers To Acquire Stormwater Permits Prior To Ground Alteration

[Phil Lilley]

Gene Dunaway, President of Friends of the North Fork and White Rivers www.friendsoftherivers.org sends the following for your action.

October 30, 2007

RE: Baxter County Quorum Court Ordinance to require Developers to acquire Stormwater Permits prior to ground alteration

Dear Friends,

In-stream gravel mining suspended on Crooked Creek

First, some really good news. The Pollution Control and Ecology Commission (PC&EC) indefinitely suspended in-stream gravel mining on Crooked Creek in the Guy King appeal case last Friday! Friends and the Crooked Creek Coalition intervened in the case, represented by Richard Mays. This is a “watershed” event where ADEQ and the Commission have recognized that this kind of mining is detrimental to our streams. It is another step towards ending this senseless practice that is destroying our stream channels and increasing sediment, the main form of pollution in our streams. We applaud ADEQ and the Commission for their actions.

Baxter County Erosion Prevention Ordinance Fails – Very Important!

Now, back to business. As you may have read or heard in the local news, the Baxter County Quorum Court (QC) voted 8 to 3 against the above mentioned ordinance requiring developers to prove they have a plan in place to prevent erosion, prior to ground alteration. Historically, many area developers have started clearing land before obtaining a storm water permit from ADEQ. By the time the ADEQ, which is complaint driven, gets involved, the damage is already done. With this ordinance, the County will have authority to require a plan to be in place before clearing begins. They can also monitor developments and enforce a "Stop Order" for those in violation.

The ordinance is identified as "Baxter County Quorum Court Ordinance establishing minimum standards for development projects relating to ground alteration, grading and erosion control." A copy can be obtained from Judge Hall's office.

After the ordinance was voted down by the QC Judge Hall referred it back to the Environmental Committee who agreed to bring it before the QC at the Nov. 6 meeting for reconsideration. It was also recommended that letters in support be sent to the various QC members and calls made showing support. To expedite that effort, I have attached a letter of support for this ordinance along with a list of the QC members and their contact information. If you are not sure of which member is your representative or if you live outside the county, please send your letter to Judge Hall. These letters will be brought to the QC meeting to be presented as proof of your support.

It is also important to note that the City of Cotter has adopted the ADEQ Regulations regarding Stormwater Runoff into their city building codes. The City of Norfork Planning Commission has announced their support of this ordinance as a means to help control the river construction that is taking place in the Norfork area.

It is also imperative that we show public support by our presence at the QC meeting on Nov 6 at 6:00 pm. Your attendance will be appreciated. The Deadline for mailing this letter must be this Friday in order to reach the QC in time for the meeting. Please do not let this opportunity pass. Also, feel free to pass this along to any interested party.

For the rivers,

Gene

Gene Dunaway

President

Friends of the North Fork and White Rivers, Inc.

POB 61

Mountain Home, AR 72564

Sample Letter:

Oct 25, 2007

Quorum Court Representative’s Name

Address

Re: Baxter County Quorum Court Ordinance establishing minimum standards for development projects relating to ground alteration, grading and erosion control

Dear Sir,

I was disappointed to hear the Quorum Court voted against this ordinance. It is a critical issue that needs your attention and support.

The problem is 1) even though ADEQ regulations are required by AR Law, ADEQ does not have sufficient personnel to monitor the large areas they cover, and 2) with the system being essentially complaint driven, by the time a violation is reported by citizens, it is too late. The damage is done.

I know you are aware of developments, both large and small, such as Overlook Estates that are causing significant damage to our streams, our economy and adjoining landowners. This ordinance is crucial as it requires Developers to show they have a plan and are in compliance prior to disturbing the ground. It will most certainly help reduce the amount of violations and help protect our beautiful area.

I strongly urge that you reconsider passing this Ordinance and to support these efforts.

Best regards,

Your name and address

Baxter County Quorum Court Members 2007/2008

District Name / Address Phone

1 Charles Hopper ® 431-5774

145 Hickory Flats Ln

Lakeview, AR 72642

2 Mickey Pendergrass ® 425-6356 Off

94 Jewell Lane 425-4399 Home

Clarkridge, AR 72623

3 Ed Toscano ® 467-5810

197 CR 810

Gamaliel, AR 72537

4 Eddie White (D) 425-2069

1739 CR 27

Mt. Home, AR 72653

5 David Lemoine ® 425-7869

1037 S. College St.

Mt. Home, AR 72653

6 Dick House (D) 425-5555 Off

701 S. College St. 430-5060 Home

Mt. Home, AR 72653

7 Wade Robinson ® 404-9484

1801 Ashbriar Dr.

Mt. Home, AR 72653

8 Kevin Bodenhammer (D) 424-4477

98 Delicious Lane

Mt. Home, AR 73653

9 Lynn Lasky ® 491-5765

107 Sycamore Springs Trail

Mt. Home, AR 72653

10 Steve Litty ® 430-5047

214 CR 714

Gassville, AR 72635

11 Joshua Davis ® 499-5099

PO Box 458

Norfork, AR 72658

QC Judge Dan Hall ® 425-2755

One East 7th St.

Mt. Home, AR 72653

[Rusty]

Jasper County in Missouri just implemented a erosion control plan. It's a start anyway.

By Susan Redden

sredden@joplinglobe.com

CARTHAGE, Mo. — An erosion-control plan will be required for some Jasper County construction projects under an ordinance approved Thursday by the County Commission.

The ordinance will require builders to file an erosion-control plan if the project is located in the urbanized area of Joplin and if it disturbs more than an acre of land.

The commissioners also heard plans for nearly $195,000 in grant money that will go to the county Health Department over the next two years.

The erosion-control plan is a requirement of federal storm-water laws, and similar measures have been adopted by cities in the county, said Clayton Christy, with Tri-State Engineering. The requirement will be enforced through the county Health Department, which also issues building permits to ensure compliance with flood-plain laws and septic-tank requirements.

An erosion-control plan will have to be submitted for building projects that come under the new county requirement before they can receive a site-development or building permit. The county will have to approve the plan, which is to include a description of how erosion will be controlled during the construction. The applicant also must have a permit from the Missouri Department of Natural Resources.

The requirement applies to land in the county that is near Joplin, Webb City and Carl Junction.