Washington County residents eventually will come to appreciate stronger stormwater rules, but county officials look only at current road-building projects

NWAOnline.com

Getting Rock Costly

DELAY IN STORMWATER PERMIT STALLS ROAD WORK ON EAST SIDE


By Scott F Davis

Thursday, December 24, 2009

FAYETTEVILLE — The gravel used to smooth roads on the east side of Washington County makes a long journey before county crews lay it down.

Mined from the county-operated quarry along Arkansas 45 near Morrow, the gravel used to the east is trucked to and stockpiled at the Washington County Road Department in south Fayetteville. County officials say there’s a better — and less expensive — way to give county residents the roads they deserve.

But standing between the county and its need for more, and more affordable, gravel for the east side is a legal dispute in Little Rock. There, the Arkansas Department of Environmental Quality’s changes to how it issues stormwater permits is meeting resistance from a nonprofit group of businesses and industries that deal with state regulations every day.

Meanwhile, a crushed limestone quarry east of Elkins former County Judge Jerry Hunton leased for 10 years for $300,000 sits idle, awaiting a stormwater discharge permit from the state agency.

In December 2008, the county signed the lease with Earl and Gayle Fochtman to remove an estimated 400,000 tons of crushed limestone from the Fochtman’s property in the Tuttle community.

But the county has extracted no gravel. The state has stopped renewing permits in the wake of a challenge to its permit process, and the general stormwater permit the county held expired in November 2008. It continues to operate with state permission under its expired permit until the dispute is resolved.

That permit covers continued operation in Morrow, but since the Fochtman quarry is new, it’s not covered by the prior permit and cannot be opened.

“The government has shut us down,” said County Judge Marilyn Edwards. “We’ve got to have a place to be able to mine gravel so we can build roads.”

County road officials say it’s impractical to haul rock all the way from Morrow on a routine basis for roads on the east because it increases fuel and personnel cost. Buying from private gravel quarries, they say, is too expensive, especially in lean budget times.

For Edwards, the quarry quandary is frustrating when she hears frequent complaints about roads and requests for gravel from residents on the east side.

Six Month Wait

The county has submitted a new permit application for an individual stormwater permit for the Fochtman property, but the approval process on those takes much longer.

Edwards said she’s spoken to Department of Environmental Quality officials who have promised to move the process along, but the county still faces a wait of three to six months.

The approval time for an industrial permit was typically a week or two, while the individual permits may take between three to six months, said Jamal Solaimanian, an engineering supervisor with the state agency’s water division.

Russell McLaren of GBMc(cq’d) and Associates, which prepared the county’s individual permit application, said he expects a draft permit to be issued within 30 to 60 days, followed by a 30-day comment period. After comments are addressed, the final permit will be issued, he explained.

Ready To Go

The county got a bargain when it purchased a portable crusher in a federal surplus sale in 2006 and the Road Department is eager to get it working to bring some much-needed relief on the east side, said Shawn Shrum, assistant road superintendent.

“We’re really wanting to get this going on the east side,” said Shrum “On that east side, it’s so hard — hauling from Morrow is too far and if you try to buy it, you can’t afford it.”

On a few projects on the far east side of the county, the department has purchased gravel from nearby private quarries because it was more affordable than hauling gravel from the west, he said.

Permit Problems

The county is caught in a dispute between the Arkansas Environmental Federation, a 350-member nonprofit organization representing regulated businesses, and the Department of Environmental Quality. At issue is how far the state can go in changing permit requirements and criteria without going through a detailed rule-making process that includes public hearings.

The Arkansas Environmental Federation objected in June to the agency’s proposed changes to its industrial permits. As a result, the agency is not issuing permits and is allowing those with expired permits to continue under their old permit, officials said.

“We felt like this one was such a dramatic change,” said Randy Thurman, executive director for the federation. “They moved to a much more stringent permit. They had failed to make a case for those changes.

The agency’s changes affect about 2,000 facilities across the state, prompting the federation to object.

“We feel like we have to do it because it’s such a significant change and it looks and feels like a rule,” Thurman said.

Changing rules in the state requires a far more complicated process than the permit modification the Department of Environmental Quality says it has undertaken.

The federation’s appeal went before an administrative hearing officer in November. A finding from that hearing has not yet been issued, officials said.

Aaron Sadler, a spokesman for the state agency, said the department reviews the permits every five years and the recent changes were made to comply with revised federal stormwater guidelines.

Democrat/Gazette December 21, 2009, editorial advocating saving sale-barn land for Fayetteville National Cemetery pleases majority of veterans and neighbors, but the problem is that saving Town Branch homeowners from flooding downhill from the cemetery is still being ignored: VA already at work preparing to dredge and fill wetland and pipe stormwater directly to Hill Avenue and thus to the 11th Street bridge on the Town Branch

Please click on individual photos to ENLARGE view of wetland area along the north edge of the Fayetteville National Cemetery being prepared for dredging and filling for grave sites. The depressional wetland developed over centuries because it is above a bedrock karst area where groundwater sinks into the underground caverns and aquifers and reduces surface-water flooding. When it is piped to the Town Branch it will further aggravate the flooding danger between Ellis and Van Buren avenues already created by the University of Arkansas' failure properly to manage stormwater on the campus and by paving and development along Martin Luther King Boulevard and on the Aspen Ridge/Hill Place project.

Save acres for vets

Now buy the land for the cemetery

Monday, December 21, 2009

Print item

LITTLE ROCK — LIKE WARM Arkansas Christmases, dry eyes after It’s a Wonderful Life, and little boys from the Natural State scribbling “LSU gear” on their annual wish lists, some things are just not meant to be. That’s the way it seems with the controversial student apartments that apparently won’t be built in south Fayetteville. You know, where Washington County’s historic livestock auction house operated until June.
A lawsuit that sought to override the city’s denial of a rezoning request seems to be kaput. Campus Crest developers of North Carolina wanted to buy the property from the auction house’s owner, Bill Joe Bartholomew, and build 500 apartments on the property. But the drawn-out legal ordeal surrounding this purchase became just too much to bear. Mr. Bartholomew now wants his suit dismissed.
The proposed sale to Campus Crest became a flashpoint for veterans and others last summer. They wanted to secure the site across Government Avenue from the city’s National Cemetery so they might preserve the sacred nature of that location. They basically argued that more student apartments in an overbuilt Fayetteville wasn’t an appropriate use of the land. They had a point. The former auction barn parcel does provide an ideally located space to enlarge this rapidly filling cemetery.
Fayetteville’s council denied Mr. Bartholomew’s request to rezone his property. The rezoning would have sealed the sale and enabled Campus Crest to purchase and develop the property. That’s when Mr. Bartholomew filed his suit against the city.

This latest development means the corporation that oversees the cemetery’s operation, Congress, the national office of Veteran’s Affairs, and veterans’ organizations need to find a way to purchase this property. The space needs to be preserved and protected as a final resting place for our veterans in the decades to come.

Audubon Arkansas open house from 4 to 7 p.m. today; Environmental Action Committee at 5:30 p.m. in Room 326 of city hall

THURSDAY, DECEMBER 10, 2009
Audubon Arkansas open house from 4 to 7 p.m. today; Environmental Action Committee at 5:30 p.m. in Room 326 of city hall
The Holiday Season is a busy time so here's a little reminder about our Holiday Open House! If you have not yet RSVP'd don't forget to drop us a line and let us know your are coming! We are looking forward to seeing everyone there!

Please Join Us

Thursday, December 10, 2009
From 4 p.m. to 7 p.m. at
34 East Center Street
Fayetteville, Arkansas

For the
Audubon Arkansas
Holiday Open House

The staff and board of Audubon Arkansas invite you to join us for food, refreshments, conversation and conservation. Spouses, children, and friends welcome.
Please RSVP to mviney@audubon.org
Wishing You Happy Holidays!!!

Audubon Arkansas open house from 4 to 7 p.m. today; Environmental Action Committee at 5:30 p.m. in Room 326 of city hall

THURSDAY, DECEMBER 10, 2009
Audubon Arkansas open house from 4 to 7 p.m. today; Environmental Action Committee at 5:30 p.m. in Room 326 of city hall
The Holiday Season is a busy time so here's a little reminder about our Holiday Open House! If you have not yet RSVP'd don't forget to drop us a line and let us know your are coming! We are looking forward to seeing everyone there!

Please Join Us

Thursday, December 10, 2009
From 4 p.m. to 7 p.m. at
34 East Center Street
Fayetteville, Arkansas

For the
Audubon Arkansas
Holiday Open House

The staff and board of Audubon Arkansas invite you to join us for food, refreshments, conversation and conservation. Spouses, children, and friends welcome.
Please RSVP to mviney@audubon.org
Wishing You Happy Holidays!!!

Susan Young's book about Tontitown, "So Big, This Little Place," is wonderful, but people who heard her lecture on the history it was based on were impressed most by Susan's presentation: See comments below

I thought I knew Susan, whose friendship I have cherished for many years. But I was one of those with teary eyes when I heard her speak from her heart about the people she loves -- her "families" of friends. It was a first for me, and now I'm a little jealous, because it was easy to see that everybody in that audience also loves her. She was brimful of her passion for history and the people of Tontiown -- downright stunning as she turned her presentation into a conversation. I felt like we were all turning the pages of a family album as she brought us deep into her story about Tontitown, which is really a story about all of us Please find a way to read her book and thank her for reminding us of who we are. And ask her to write and share some more.

Proud admirer of "our" Susan,

Jim

Agenda for December 10, 2009, meeting of Washington County Quorum in Fayetteville, Arkansas

Wash. Co. quorum court agenda for Dec. 10 mtg‏
From: Jeff Erf (jerf@sbcglobal.net)
Sent: Fri 12/04/09 8:26 PM
To: Northwest Arkansas List (nw-ar-list@googlegroups.com)
REGULAR MEETING OF THE WASHINGTON COUNTY QUORUM COURT

Thursday, December 10, 2009
7:00 p.m.
Washington County Quorum Court Room

A G E N D A

1. CALL TO ORDER. JUDGE EDWARDS

2. PRAYER AND PLEDGE OF ALLEGIANCE.

3. ROLL CALL.

4. ADOPTION OF AGENDA. At the beginning of each
meeting, the agenda shall be approved. Any JP may
request an item be added to the agenda subject to
approval of the Quorum Court.

5. APPROVAL OF MINUTES. Approval of the minutes of
the November 12 regular meeting of the Quorum Court. (5.1)

6. FINANCE REPORT. (6.1) STEVE ZEGA

7. APPROPRIATION ORDINANCE: AN ORDINANCE
RECOGNIZING REVENUES AND APPROPRIATING
MONIES FOR THE EXPENDITURES IN EACH FUND
FOR WASHINGTON COUNTY, ARKANSAS, FOR THE
YEAR 2010, AND ADOPTING A BUDGET FOR THE
VARIOUS DEPARTMENTS REFLECTING THE LINE
ITEM EXPENDITURES THEREOF. This ordinance
will adopt the 2010 Budget for Washington County
as recommended by the Budget Committee of the
Whole. (7.1, 7.2) STEVE ZEGA

8. COUNTY JUDGE’S REPORT. (8.1, 8.2) JUDGE EDWARDS

9. COMMITTEE REPORTS.

(A) Travel Rules & Regulations for County Employees
and Elected Officials. The Personnel Committee is
recommending clarifications to the County’s Travel
Rules & Regulations. Changes to these regulations
must be approved by the Quorum Court by simple
motion. (9.1) MICAH NEAL

10. AN ORDINANCE AMENDING ORDINANCE NO. 2009-43
AUTHORIZING THE ZONING BOARD OF ADJUSTMENT
TO RECONSIDER CONDITIONS IF NO APPEAL HAS BEEN
FILED; AND AMENDING OTHER MATTERS CONCERNING
APPEALS. This ordinance is on first reading and is being
recommended by the County Services Committee. (10.1) CANDY CLARK

11. AN ORDINANCE ESTABLISHING TIME LIMITS FOR
CONDITIONAL USE PERMITEES TO SUBMIT THEIR
PROJECT TO THE PLANNING BOARD. This ordinance is
on first reading and is being recommended by the County
Services Committee. (11.1) CANDY CLARK

12. AN ORDINANCE AMENDING WASHINGTON COUNTY
CODE 2.7-2 PERTAINING TO THE SPAY/NEUTERING
PROGRAM. This ordinance is on first reading and is being
recommended by the County’s Animal Concerns Advisory
Board and the County Services Committee. (12.1) CANDY CLARK

13. AN ORDINANCE AMENDING WASHINGTON COUNTY
CODE 2.7-35 PERTAINING TO STRAY DOGS. This
ordinance is on first reading and is being recommended by
the County’s Animal Concerns Advisory Board and the
County Services Committee. (13.1) CANDY CLARK

14. A RESOLUTION ENDORSING WASHINGTON COUNTY’S
PARTICIPATION IN THE SPAY DAY USA CELEBRATION.
This resolution is being recommended by the County Services
Committee. (14.1, 14.2) CANDY CLARK


15. AN EMERGENCY ORDINANCE CREATING THE OFFICIAL
POSITION OF COUNTY JAIL PHYSICIAN. This ordinance
is being recommended by the Jail/Law Enforcement/Courts
Committee. It contains an emergency clause, requiring
one reading, and will be in effect immediately upon
passage. (15.1) MARY ANN SPEARS

16. OTHER BUSINESS.

17. CITIZEN’S COMMENTS. Fifteen-minute comment period
with a three-minute limit for each individual to comment on
items on the agenda or other items.

18. ADJOURNMENT.

/kb

Verbesina virginica among several species that serve in winter as ice plants! Find it early mornings in a variety of places in addition to World Peace Wetland Prairie

Please click on images to ENLARGE photo. Ice-plant displays are like snowflakes. No two are alike. Drive along roads with ditches that have not been mowed back all the way and spot Verbesina virginica with ice around its base on cold, clear mornings. ANOTHER REASON NOT to mow roadsides and old prairie areas. Sometimes, if the mowers haven't cut close to the ground but have taken off the tops of the often 6-foot-tall plants, the ice formations may be spotted by carefully watching for short stem remains.