The Morning News
Local News for Northwest Arkansas
For commentary from a Washington County-based Web log plus various links, please click on
Benton County JPs fail to support protection of Beaver Lake watershed
http://jonah-tebbetts.blogspot.com/2008/07/no-stinking-tree-huggers-need-apply.html
Benton County Quorum Court Rejects Judge's Pick For Planning Board
By Scarlet Sims
The Morning News
BENTONVILLE - The Benton County Quorum Court rejected a resolution Thursday to confirm a long-time environmental advocate to the planning board. Mark Curtis of Rogers could not be fair when looking at development around Beaver Lake, justices of the peace said.
"As a justice of the peace, I'm obligated to vote for someone more conservative," said Justice of the Peace Bobby Hubbard, R-northwestern Benton County.
Curtis would have replaced board member Adele Lucas who announced earlier this month she would not accept a reappointment to the board. Benton County Judge Gary Black and Planning Director Ashley Pope chose Curtis from around 19 applications submitted last year after another board member resigned.
Pope said Black made the decision to recommend Curtis, but County Attorney Robin Green said the Quorum Court must confirm the recommendation before a board member can be appointed. Black could recommend Curtis again, said Justice of the Peace Tim Summers, R-Bentonville.
Pope recommended the Quorum Court approve Curtis because he has a background in planning, experience in public and private finance and attends almost every planning board meeting.
"He really seems to have a heart for planning," Pope said. Curtis said he wanted to serve on the board to promote land-use planning.
"Benton County will require some regulation to allow for orderly growth and protection of its natural resources," Curtis wrote in his application last year.
He said Thursday he supports development that fits into the environment.
"There are plenty of places (around the lake) that can be developed that won't hurt the environment," Curtis said.
Property rights advocates objected to Curtis' appointment. They pointed out Curtis strongly supported a watershed ordinance to create a buffer around the lake two years ago. That ordinance would have lowered property values and taken away landowners' ability to use their property, said Don Day, the president of Northwest Arkansas Property Rights Association. The association supports property rights, according to the group's Web site.
Curtis, who is the Association of Beaver Lake Environment treasurer, opposed developing condominiums on the lake. The nonprofit group seeks to maintain the quality of Beaver Lake, according to the group's brochure. Curtis wrote in his application that he may have a conflict in dealing with Grandview Heights condominiums in a vote.
Based on Curtis' past, Hubbard said he thought Curtis would recommend more regulation and possibly higher building fees or taxes. He saw Curtis as "a person who doesn't mind imposing lots of regulations on everybody in the entire county."
Justice of the Peace Beverly Williams, D-Bella Vista, said Curtis is an excellent recommendation to the planning board because he is intelligent and cares about Benton County. "It's not about sides, it's about is he a person who could do a good job," Williams said. "I want somebody who is passionate about Benton County and Beaver Lake."
In other business, the Quorum Court confirmed reappointing planning board Vice Chairman Scott Borman to another term. Justices of the peace also approved buying a medical clinic in Siloam Springs for a health department satellite and approved contracts for an architect and construction manager to design plans for a new juvenile detention center.
How They Voted
Board Appointment
Justices of the Peace Craig Brown, R-Rogers; Chris Glass, R-northeastern Benton County; David Hill, R-Bentonville; Debbie Hobbs, R-Rogers; Bobby Hubbard, R-northwestern Benton County; and Frank Winscott voted against confirming Mark Curtis of Rogers to the Benton County Planning Board on Thursday.
Justices of the Peace Beverly Williams, D-Bella Vista; Tim Summers, R-Bentonville; Marge Wolf, R-Rogers; James Wozniak, R-Bella Vista; and Frank Harrison, R-Rogers, voted in favor.
Justices of the peace Kurt Moore and Bob Stephenson, both R-southwestern Benton County, were absent.
Source: Staff Report.
Sunday, July 27, 2008
Saturday, July 26, 2008
Viceroy caterpillar on World Peace Wetland Prairie in July 2008 and viceroy butterfly on nearby Hill Place (Aspen Ridge site in summer 2007)
Please click on image to ENLARGE TO photo of viceroy butterfly caterpillar on willow leaf at World Peace Wetland Prairie in Fayetteville, Arkansas. Viceroys (Limenitis archippus) look much like monarchs but their reproduction depends on willows and other native trees for nutrition, while monarch caterpillars depend on the many species of milkweed.
Common name: Viceroy Butterfly
Genus/species: Limenitis archippus
Order/family: Lepidoptera: Nymphalidae
Identification:
The upperside of the viceroy is orange and black, and looks a lot like the monarch butterfly, except the viceroy has a black line across the hindwing and a single row of white dots in the black band on the edges of their wings. Where monarchs are rare in Florida, Georgia, and the Southwest, viceroys are brown instead of orange and mimic the queen butterfly (Danaus gilippus). Because they look like bad tasting butterflies such as the monarch, they are often avoided by predators. Originally it was thought that viceroy butterflies did not have a bad taste to birds and other predators, but recent studies suggest that, like the monarch, this species is distasteful to birds. They have a wing span of 2 1/2 - 3 3/8 inches (6.3 - 8.6 cm) and are similar in size to the monarch.
Life history:
During most of the day, males perch on vegetation or patrol around the host plants to find females. Females lay eggs at the tip of host plant leaves, depositing only two or three eggs on a plant before moving to another. Caterpillars eat their eggshells after they hatch, then at night feed on catkins and leaves. Young caterpillars make a ball of leaf bits, dung, and silk which hangs off the leaf on which they are feeding. The dangling mass of caterpillar garbage may distract predators. Third-stage caterpillars make a shelter from a rolled leaf tip in which to spend the winter.
Flight:
These butterflies hatch two to three broods from May-September in most of its range and continue to produce new generations all year in Florida.
Caterpillar hosts:
Viceroy caterpillars eat the leaves of trees in the willow family (Salicaceae) including willows (Salix), and poplars and cottonwoods (Populus).
Adult food:
Early in the season, when few flowers are available, viceroys feed on aphid honeydew, carrion, dung, and decaying fungi. Later generations feed more often at flowers, favoring composites including aster, goldenrod, joe-pye weed, shepherd's needle, and Canada thistle.
Habitat:
Viceroy butterflies need moist, open or shrubby areas such as lake and swamp edges, willow thickets, valley bottoms, wet meadows, and roadsides. This species is usually hard to catch because it likes to land in the upper branches of cottonwoods and other streamside trees.
Range:
Viceroy butterflies live from the Northwest Territories of Canada, south along the eastern edges of the Cascade and Sierra Nevada mountains and into central Mexico. They can be found through all the eastern United States.
Conservation:
The Obsolete Viceroy (subspecies obsoleta) has lost much of its habitat due to land development and using large amounts of water for Southeastern cities.
The Nature Conservancy Global Rank:- G5
This means that the viceroy butterfly is in no danger of being put on the Endangered Species List. Go to the The Nature Conservancy Global Ranking Scale to find out more about how endangered animals are classified.
Management needs: It would help these butterflies if we could restore riverside habitats in the southwest United States. We also need to do a better job of conserving the viceroy habitats that already exist.
Common name: Viceroy Butterfly
Genus/species: Limenitis archippus
Order/family: Lepidoptera: Nymphalidae
Identification:
The upperside of the viceroy is orange and black, and looks a lot like the monarch butterfly, except the viceroy has a black line across the hindwing and a single row of white dots in the black band on the edges of their wings. Where monarchs are rare in Florida, Georgia, and the Southwest, viceroys are brown instead of orange and mimic the queen butterfly (Danaus gilippus). Because they look like bad tasting butterflies such as the monarch, they are often avoided by predators. Originally it was thought that viceroy butterflies did not have a bad taste to birds and other predators, but recent studies suggest that, like the monarch, this species is distasteful to birds. They have a wing span of 2 1/2 - 3 3/8 inches (6.3 - 8.6 cm) and are similar in size to the monarch.
Life history:
During most of the day, males perch on vegetation or patrol around the host plants to find females. Females lay eggs at the tip of host plant leaves, depositing only two or three eggs on a plant before moving to another. Caterpillars eat their eggshells after they hatch, then at night feed on catkins and leaves. Young caterpillars make a ball of leaf bits, dung, and silk which hangs off the leaf on which they are feeding. The dangling mass of caterpillar garbage may distract predators. Third-stage caterpillars make a shelter from a rolled leaf tip in which to spend the winter.
Flight:
These butterflies hatch two to three broods from May-September in most of its range and continue to produce new generations all year in Florida.
Caterpillar hosts:
Viceroy caterpillars eat the leaves of trees in the willow family (Salicaceae) including willows (Salix), and poplars and cottonwoods (Populus).
Adult food:
Early in the season, when few flowers are available, viceroys feed on aphid honeydew, carrion, dung, and decaying fungi. Later generations feed more often at flowers, favoring composites including aster, goldenrod, joe-pye weed, shepherd's needle, and Canada thistle.
Habitat:
Viceroy butterflies need moist, open or shrubby areas such as lake and swamp edges, willow thickets, valley bottoms, wet meadows, and roadsides. This species is usually hard to catch because it likes to land in the upper branches of cottonwoods and other streamside trees.
Range:
Viceroy butterflies live from the Northwest Territories of Canada, south along the eastern edges of the Cascade and Sierra Nevada mountains and into central Mexico. They can be found through all the eastern United States.
Conservation:
The Obsolete Viceroy (subspecies obsoleta) has lost much of its habitat due to land development and using large amounts of water for Southeastern cities.
The Nature Conservancy Global Rank:- G5
This means that the viceroy butterfly is in no danger of being put on the Endangered Species List. Go to the The Nature Conservancy Global Ranking Scale to find out more about how endangered animals are classified.
Management needs: It would help these butterflies if we could restore riverside habitats in the southwest United States. We also need to do a better job of conserving the viceroy habitats that already exist.
Thursday, July 24, 2008
Build a rain barrel, help reduce erosion in the watershed and water plants free
Beaver Water District To Conduct Rain Barrel Building
Workshops July 26th at Fayetteville Farmers Market
For immediate release: July 15, 2008
Beaver Water District will conduct three rain barrel building workshops at 9:30 a.m., 10:30 a.m., and 11:30 a.m. on Saturday, July 26th, at the Fayetteville Farmer's Market on the downtown square in Fayetteville. Those participating will learn how to build a rain barrel and leave with step-by-step instructions. Additionally, barrels built that day will be given away in a drawing to those who attend. Rain barrels are a water conservation tool. Positioned under a gutter of a home, a rain barrel will capture runoff during rain events. Water may then be used to water the lawn and flowers. For more information, e-mail Amy Wilson, Director of Public Affairs for Beaver Water District at awilson@bwdh2o.org.
Audubon Arkansas also will be on the Fayetteville Square that day with a stream table conducting demonstrations showing how erosion occurs in a watershed setting and how this impacts the watershed and receiving streams and lakes. Audubon is dedicated to protecting birds and other wildlife and the habitat that supports them. Beaver Water District’ s mission is to serve our customers in the Benton and Washington County area by providing high quality drinking water that meets or exceeds all federal and state regulatory requirements in such quantities as meets their demands and is economically priced consistent with our quality standards. For more information, visit www.bwdh2o.org.
Amy L. Wilson, Director of Public Affairs
Beaver Water District, P.O. Box 400, Lowell, AR 72745
awilson@bwdh2o.org; 479-756-3651
“Anyone who can solve the problems of water will be worthy of two Nobel prizes – one for peace and one for science.” -- John F. Kennedy
Workshops July 26th at Fayetteville Farmers Market
For immediate release: July 15, 2008
Beaver Water District will conduct three rain barrel building workshops at 9:30 a.m., 10:30 a.m., and 11:30 a.m. on Saturday, July 26th, at the Fayetteville Farmer's Market on the downtown square in Fayetteville. Those participating will learn how to build a rain barrel and leave with step-by-step instructions. Additionally, barrels built that day will be given away in a drawing to those who attend. Rain barrels are a water conservation tool. Positioned under a gutter of a home, a rain barrel will capture runoff during rain events. Water may then be used to water the lawn and flowers. For more information, e-mail Amy Wilson, Director of Public Affairs for Beaver Water District at awilson@bwdh2o.org.
Audubon Arkansas also will be on the Fayetteville Square that day with a stream table conducting demonstrations showing how erosion occurs in a watershed setting and how this impacts the watershed and receiving streams and lakes. Audubon is dedicated to protecting birds and other wildlife and the habitat that supports them. Beaver Water District’ s mission is to serve our customers in the Benton and Washington County area by providing high quality drinking water that meets or exceeds all federal and state regulatory requirements in such quantities as meets their demands and is economically priced consistent with our quality standards. For more information, visit www.bwdh2o.org.
Amy L. Wilson, Director of Public Affairs
Beaver Water District, P.O. Box 400, Lowell, AR 72745
awilson@bwdh2o.org; 479-756-3651
“Anyone who can solve the problems of water will be worthy of two Nobel prizes – one for peace and one for science.” -- John F. Kennedy
Wednesday, July 23, 2008
Letters supporting grants to build trails in Arkansas needed NOW!
From: Terry Eastin teastin@lynks.com
Date: July 23, 2008 7:43:08 PM CDT
Subject: Arkansas Trail Fund - last request for letters
Everyone -
Thank you so much for your support of the trail legislation initiative! We are 87 letters strong as of today, July 23rd. A significant number of the mayors of Arkansas' largest cities and many smaller towns have sent well-crafted letters indicating their support for economic, health, and conservation reasons. Many organizations, including those one might not expect (economic and health arenas), have also given this initiative their support. Even more of you individually took the time to share your thoughts and send your letters.
This is the last post I will send requesting letters. The deadline was extended to August 1st last week, but, if letters come in shortly after the deadline, they will be accepted until the packet is finalized. I am expecting the count to extend 100 letters.
Once the project is completed, I send a report to all who helped.
Thank you very much, and please forward this last message. Again, if you have questions, please feel free to contact me at teastin@lynks.com, or by phone at 479-236-0938.
Regards,
Terry Eastin
Co-Chair, 2008 National Trails Symposium
All,
Please distribute the letter below and both attachments to every organization news outlet, email network, agency, mayor, city council, county judge, and trail enthusiast you know. If trail enthusiasts want to see an Arkansas Trails Fund established in the 2009 legislative season, NOW is the time to act! The response date has been extended to August 1, so, please help move this project forward with your letters to me either by email or regular mail. If you have questions, please feel free to contact. We are over half way to our goal of 100+ letters.
Attached is a letter from me explaining the project, a report prepared for the Legislative Committee on Agriculture, Economics, and Forestry, as well as, an Arkansas trail funding summary that illustrates the strong demand for our current minimal trail grant resources.
Even if you have already sent a letter yourself, please forward this request to other trail friends and enthusiasts. Your voices will be heard.
My address is
858 N. Jackson Drive
Fayetteville, AR 72701
teastin@lynks.com
terry@mississippirivertrail.org
Best Regards,
Terry Eastin
Date: July 23, 2008 7:43:08 PM CDT
Subject: Arkansas Trail Fund - last request for letters
Everyone -
Thank you so much for your support of the trail legislation initiative! We are 87 letters strong as of today, July 23rd. A significant number of the mayors of Arkansas' largest cities and many smaller towns have sent well-crafted letters indicating their support for economic, health, and conservation reasons. Many organizations, including those one might not expect (economic and health arenas), have also given this initiative their support. Even more of you individually took the time to share your thoughts and send your letters.
This is the last post I will send requesting letters. The deadline was extended to August 1st last week, but, if letters come in shortly after the deadline, they will be accepted until the packet is finalized. I am expecting the count to extend 100 letters.
Once the project is completed, I send a report to all who helped.
Thank you very much, and please forward this last message. Again, if you have questions, please feel free to contact me at teastin@lynks.com, or by phone at 479-236-0938.
Regards,
Terry Eastin
Co-Chair, 2008 National Trails Symposium
All,
Please distribute the letter below and both attachments to every organization news outlet, email network, agency, mayor, city council, county judge, and trail enthusiast you know. If trail enthusiasts want to see an Arkansas Trails Fund established in the 2009 legislative season, NOW is the time to act! The response date has been extended to August 1, so, please help move this project forward with your letters to me either by email or regular mail. If you have questions, please feel free to contact. We are over half way to our goal of 100+ letters.
Attached is a letter from me explaining the project, a report prepared for the Legislative Committee on Agriculture, Economics, and Forestry, as well as, an Arkansas trail funding summary that illustrates the strong demand for our current minimal trail grant resources.
Even if you have already sent a letter yourself, please forward this request to other trail friends and enthusiasts. Your voices will be heard.
My address is
858 N. Jackson Drive
Fayetteville, AR 72701
teastin@lynks.com
terry@mississippirivertrail.org
Best Regards,
Terry Eastin
Tuesday, July 22, 2008
Discovery Farms' program highlighted on its Web site and in Northwest Arkansas Times story
Please click link to read about
Discovery Farms environmental program in Wisconsin
Please click on link to read
Northwest Arkansas Times story on Discovery Farms environmental program in Wisconsin
Dairy farmer discusses program that monitors environmental data
BY TRISH HOLLENBECK Northwest Arkansas Times
Posted on Tuesday, July 22, 2008
URL: http://www.nwanews.com/nwat/News/67369/
SPRINGDALE — Joe Bragger says he believes farmers and nonfarmers can work together to solve environmental and economic problems.
There are fringe groups out there that will never be happy with anything he does, Bragger, a dairy farmer who also raises chickens and beef cattle on his family’s farm in west-central Wisconsin, said Monday.
But then there are the rest of the people who farmers can work with to get things done, he said in an interview after giving a speech about Wisconsin’s Discovery Farms Program during Arkansas Farm Bureau’s 60 th annual Officers & Leaders Conference at the Holiday Inn in Springdale.
Discovery Farms environmental program in Wisconsin
Please click on link to read
Northwest Arkansas Times story on Discovery Farms environmental program in Wisconsin
Dairy farmer discusses program that monitors environmental data
BY TRISH HOLLENBECK Northwest Arkansas Times
Posted on Tuesday, July 22, 2008
URL: http://www.nwanews.com/nwat/News/67369/
SPRINGDALE — Joe Bragger says he believes farmers and nonfarmers can work together to solve environmental and economic problems.
There are fringe groups out there that will never be happy with anything he does, Bragger, a dairy farmer who also raises chickens and beef cattle on his family’s farm in west-central Wisconsin, said Monday.
But then there are the rest of the people who farmers can work with to get things done, he said in an interview after giving a speech about Wisconsin’s Discovery Farms Program during Arkansas Farm Bureau’s 60 th annual Officers & Leaders Conference at the Holiday Inn in Springdale.
Thursday, July 17, 2008
"Aspen Ridge on Steroids": To see photos of the "preliminary dirt work" visit the ABLE site linked below
Quotation from The Morning News' story on denied of condo project construction time extentions: Developers spent nearly $2 million on preliminary dirt work for the project, which shows dedication to the project, Little said.
More confirmation of the need for all developers to be required to post a bond covering all damage caused by the "preliminary dirt work" and the rest of the work to complete such projects.
Simple rule: If they have to borrow the money, they have no "Right to Build."
For more on the "Aspen Ridge condos on steroids" of Benton County, see story below.
More confirmation of the need for all developers to be required to post a bond covering all damage caused by the "preliminary dirt work" and the rest of the work to complete such projects.
Simple rule: If they have to borrow the money, they have no "Right to Build."
For more on the "Aspen Ridge condos on steroids" of Benton County, see story below.
Benton County planning board denies request for extension of permits to build huge condos on Beaver Lake
The Morning News
Local News for Northwest Arkansas
Grandview Condos Extension Denied
By Scarlet Sims
The Morning News
http://www.nwaonline.net/articles/2008/07/16/news/071708bzgrndviewheight.prt
BENTONVILLE - The Benton County Planning Board unanimously denied a time extension request for a controversial condominium development on Tuesday. Grandview Heights at Beaver Lake can appeal the decision or resubmit plans to the Planning Office.
"I think they got themselves into this boat," Chairman Tim Sorey said after voting against the extension. "The developer brought this on himself when we warned him against it."
E&S Development of New York asked for a two-year extension for the multistory project the board approved in November 2005. Around 40 lake residents and members of the Association for Beaver Lake Environment, an environmental activist group, attended the meeting Tuesday. Several residents asked the board to deny the extension.
"There's no way they can guarantee that this project will not harm the lake," said Pat Timmons, of Rogers. "Please, please do not approve this time extension."
Developers had to show "good cause" for a time extension, according to county regulations. No other development has been denied a time extension in several years, but Director Ashley Pope pointed out no similar project has requested an extension.
Pope recommended denying the extension.
Attorney Courtney Little, representing E&S, said legal actions stalled construction work, and the economic downturn tightened lending and credit. Those two factors left the project with unfinished roads and little progress during the past year.
"Back when the market was good and things were hopping along, we were in court," Little said.
Developers spent nearly $2 million on preliminary dirt work for the project, which shows dedication to the project, Little said. Developers are committed to building the condominiums. Developers are also working with parties who filed liens against the property. Little said all but $150,000 of the liens has been paid off.
"If these guys wanted to cut and run, they could have done that a year and a half ago," Little said.
Planning board members said developers had not worked to meet the original stipulations for approval.
"There's essentially not anything for us to lay our hands on to show behind the scenes activity," board member Caleb Henry said.
Pope submitted a letter saying developers had not secured state environmental approval of their wastewater system, improved roads leading to the site and who owns the property is currently unclear. A lawsuit is pending to decide who has clear title to the property. Little said he did not receive Pope's recommendation letter until noon Wednesday.
Little said developers have concentrated on getting credit. Once a bank backs the project, the state environmental department will approve the wastewater system, he said.
Pope said developers had not met about nine original requirements for approval, including acquiring a completion bond and fire protection from the local volunteer fire department.
"My problem is that we had no performance whatsoever," Sorey said. "If they continued to work on this project for 20 years and didn't stop, I wouldn't have a problem. My problem is they stopped."
Little said the board's action send the message that opponents of developments can stall projects until they are denied. He disagrees with the board's decision because the rules should be more supportive of development, Little said. The board probably would have approved the extension if the project hadn't been so controversial, he said. Developers will decide how to proceed in the next two weeks, Little said.
Local News for Northwest Arkansas
Grandview Condos Extension Denied
By Scarlet Sims
The Morning News
http://www.nwaonline.net/articles/2008/07/16/news/071708bzgrndviewheight.prt
BENTONVILLE - The Benton County Planning Board unanimously denied a time extension request for a controversial condominium development on Tuesday. Grandview Heights at Beaver Lake can appeal the decision or resubmit plans to the Planning Office.
"I think they got themselves into this boat," Chairman Tim Sorey said after voting against the extension. "The developer brought this on himself when we warned him against it."
E&S Development of New York asked for a two-year extension for the multistory project the board approved in November 2005. Around 40 lake residents and members of the Association for Beaver Lake Environment, an environmental activist group, attended the meeting Tuesday. Several residents asked the board to deny the extension.
"There's no way they can guarantee that this project will not harm the lake," said Pat Timmons, of Rogers. "Please, please do not approve this time extension."
Developers had to show "good cause" for a time extension, according to county regulations. No other development has been denied a time extension in several years, but Director Ashley Pope pointed out no similar project has requested an extension.
Pope recommended denying the extension.
Attorney Courtney Little, representing E&S, said legal actions stalled construction work, and the economic downturn tightened lending and credit. Those two factors left the project with unfinished roads and little progress during the past year.
"Back when the market was good and things were hopping along, we were in court," Little said.
Developers spent nearly $2 million on preliminary dirt work for the project, which shows dedication to the project, Little said. Developers are committed to building the condominiums. Developers are also working with parties who filed liens against the property. Little said all but $150,000 of the liens has been paid off.
"If these guys wanted to cut and run, they could have done that a year and a half ago," Little said.
Planning board members said developers had not worked to meet the original stipulations for approval.
"There's essentially not anything for us to lay our hands on to show behind the scenes activity," board member Caleb Henry said.
Pope submitted a letter saying developers had not secured state environmental approval of their wastewater system, improved roads leading to the site and who owns the property is currently unclear. A lawsuit is pending to decide who has clear title to the property. Little said he did not receive Pope's recommendation letter until noon Wednesday.
Little said developers have concentrated on getting credit. Once a bank backs the project, the state environmental department will approve the wastewater system, he said.
Pope said developers had not met about nine original requirements for approval, including acquiring a completion bond and fire protection from the local volunteer fire department.
"My problem is that we had no performance whatsoever," Sorey said. "If they continued to work on this project for 20 years and didn't stop, I wouldn't have a problem. My problem is they stopped."
Little said the board's action send the message that opponents of developments can stall projects until they are denied. He disagrees with the board's decision because the rules should be more supportive of development, Little said. The board probably would have approved the extension if the project hadn't been so controversial, he said. Developers will decide how to proceed in the next two weeks, Little said.
Monday, July 14, 2008
Grandview Heights (the Aspen Ridge of Benton County) back on county agenda Wednesday night
The Grandview Heights condo developers are back, this time to request a two-year extension from the Benton County Planning Board. This is a chance to kill this project once and for all!
The Planning board meeting will be at 5:30 on Wednesday, July 16. It will be held in the Quorum Court room (3rd floor), in the Benton County Administration building. This building is just east of the courthouse located on the Bentonville Square. The room isn’t real large, so please get there between 4:30 and 5 if possible. If you are comfortable doing so, please plan on speaking during the public comment period. There is a 3-minute limit per person and of course you don’t have to use the full time. I will provide some talking points below. There are a lot of issues to talk about, so just pick a few points that you are comfortable talking about.
In addition to having people speak during the time allotted for public comment, it would be a good idea to over pack the room. This would send a message to the planning board that there are still many concerned citizens who do not want this project’s developers to do any more damage than they already have. So even if you don't speak, please be there and come early - the room will probably over fill. By the way - if we fill the room by 4:30 or 5 - there will not be room for the condo team to come in and sit down other than their speaker. I don't anticipate very many red shirts coming out to support the condos.
Some background for any of you who are wondering what the meeting is all about:
Grandview Heights was approved in 2005 with a list of 13 required items and a 2 year window in which to pull a building permit. The approval was for a 15-story condo building, and two additional buildings up to 25 stories each. The 2 years expire on July 21st. Now they are asking for a 2-year extension.
The main overriding issue is that the condo project is in such a mess financially; it is unlikely they can get a completion bond – one of the 13 items required by the County. If they can't get the completion bond (which requires a strong financial position) then they can't get a building permit and therefore cannot build the project.
What is the financial mess? They are in foreclosure on the property - 2 entities are fighting over who is first in line to foreclose. A foreclosure is a lawsuit - so both the seller of the property and a group that lent them money are suing the developer. There are also liens against the property for unpaid work done at the site. Neither the dirt work contractor nor the engineering firm has been paid and the team that designed the sewage treatment system also has not been paid. And, it is astonishing to me that the property taxes are delinquent. I'm not surprised the taxes weren't paid - I'm astonished that the developer has the nerve to go in and ask the same County for an extension! This alone should make them ineligible to ask for more time.
There are many other reasons not to give an extension. In 2 1/2 years, they have not completed any of the 13 requirements the County gave this project. The Arkansas Dept. of Environmental Quality denied their request for a sewage treatment facility. and – they never completed a fire study and therefore do not have the required agreement with the fire department.
Ultimately, the developers could not perform, scarred the land, and ripped off some local companies as well as the county taxpayers! Why would this planning board even consider an extension for this project?
The County Planning Regulations (Blue Book) state in Chapter I Section 5 (page 6):
"The planning board may modify, vary, or waive the requirements of this ordinance by an affirmative vote of two-thirds (2/3) vote of the total membership of the Benton County Planning Board. Note: a two-thirds vote of the attending quorum is not sufficient. The criteria to grant such modification, variances, or waiver shall be, without exception, and singularly because strict compliance with any provision of this ordinance would cause exceptional or undue hardship to the land developer. Additionally, extra expense, economic hardship, or additional outlay of capital funds or money shall never constitute grounds for exceptional or undue hardship".
So, someone needs to state that any vote for an extension would require 5 yes votes, and that there is no reason that the developers can give for an extension other than economic hardship, and that is specifically excluded in the Planning regulations as stated above.
If you cannot attend the meeting on the 16th, or do not wish to speak, please email your arguments to the Planning Director and Planning Board members below.
Planning Director Ashley Pope – apope@co.benton.ar.us
Bill Kneebone bkmj@centurytel.net
Caleb Henry chenry@ozarkcivil.com
Heath Ward Heath_Ward@cargill.com
Mark Gray markagray@earthlink.net
Scott Borman Scott.Borman@bwrpwa.com
Tim Sorey trs@sandcreek.us
Adele Lucus unknown
Please participate. Only through all of our efforts will we succeed!
I expect to hear a really slick sales pitch on the 16th from the developer’s attorney. It will probably be something like… “we have investors lined up, but they won’t invest unless you give us the additional time”. The media will all be there. Hope to see you on the 16th at 4:30 (meeting starts at 5:30)!
Doug Timmons
President, ABLE
The Planning board meeting will be at 5:30 on Wednesday, July 16. It will be held in the Quorum Court room (3rd floor), in the Benton County Administration building. This building is just east of the courthouse located on the Bentonville Square. The room isn’t real large, so please get there between 4:30 and 5 if possible. If you are comfortable doing so, please plan on speaking during the public comment period. There is a 3-minute limit per person and of course you don’t have to use the full time. I will provide some talking points below. There are a lot of issues to talk about, so just pick a few points that you are comfortable talking about.
In addition to having people speak during the time allotted for public comment, it would be a good idea to over pack the room. This would send a message to the planning board that there are still many concerned citizens who do not want this project’s developers to do any more damage than they already have. So even if you don't speak, please be there and come early - the room will probably over fill. By the way - if we fill the room by 4:30 or 5 - there will not be room for the condo team to come in and sit down other than their speaker. I don't anticipate very many red shirts coming out to support the condos.
Some background for any of you who are wondering what the meeting is all about:
Grandview Heights was approved in 2005 with a list of 13 required items and a 2 year window in which to pull a building permit. The approval was for a 15-story condo building, and two additional buildings up to 25 stories each. The 2 years expire on July 21st. Now they are asking for a 2-year extension.
The main overriding issue is that the condo project is in such a mess financially; it is unlikely they can get a completion bond – one of the 13 items required by the County. If they can't get the completion bond (which requires a strong financial position) then they can't get a building permit and therefore cannot build the project.
What is the financial mess? They are in foreclosure on the property - 2 entities are fighting over who is first in line to foreclose. A foreclosure is a lawsuit - so both the seller of the property and a group that lent them money are suing the developer. There are also liens against the property for unpaid work done at the site. Neither the dirt work contractor nor the engineering firm has been paid and the team that designed the sewage treatment system also has not been paid. And, it is astonishing to me that the property taxes are delinquent. I'm not surprised the taxes weren't paid - I'm astonished that the developer has the nerve to go in and ask the same County for an extension! This alone should make them ineligible to ask for more time.
There are many other reasons not to give an extension. In 2 1/2 years, they have not completed any of the 13 requirements the County gave this project. The Arkansas Dept. of Environmental Quality denied their request for a sewage treatment facility. and – they never completed a fire study and therefore do not have the required agreement with the fire department.
Ultimately, the developers could not perform, scarred the land, and ripped off some local companies as well as the county taxpayers! Why would this planning board even consider an extension for this project?
The County Planning Regulations (Blue Book) state in Chapter I Section 5 (page 6):
"The planning board may modify, vary, or waive the requirements of this ordinance by an affirmative vote of two-thirds (2/3) vote of the total membership of the Benton County Planning Board. Note: a two-thirds vote of the attending quorum is not sufficient. The criteria to grant such modification, variances, or waiver shall be, without exception, and singularly because strict compliance with any provision of this ordinance would cause exceptional or undue hardship to the land developer. Additionally, extra expense, economic hardship, or additional outlay of capital funds or money shall never constitute grounds for exceptional or undue hardship".
So, someone needs to state that any vote for an extension would require 5 yes votes, and that there is no reason that the developers can give for an extension other than economic hardship, and that is specifically excluded in the Planning regulations as stated above.
If you cannot attend the meeting on the 16th, or do not wish to speak, please email your arguments to the Planning Director and Planning Board members below.
Planning Director Ashley Pope – apope@co.benton.ar.us
Bill Kneebone bkmj@centurytel.net
Caleb Henry chenry@ozarkcivil.com
Heath Ward Heath_Ward@cargill.com
Mark Gray markagray@earthlink.net
Scott Borman Scott.Borman@bwrpwa.com
Tim Sorey trs@sandcreek.us
Adele Lucus unknown
Please participate. Only through all of our efforts will we succeed!
I expect to hear a really slick sales pitch on the 16th from the developer’s attorney. It will probably be something like… “we have investors lined up, but they won’t invest unless you give us the additional time”. The media will all be there. Hope to see you on the 16th at 4:30 (meeting starts at 5:30)!
Doug Timmons
President, ABLE
Sunday, July 13, 2008
Muddy runoff has entered Beaver Lake watershed for many hours this past week
Please click on image of muddy flow from Hill Place (formerly Aspen Ridge) into unfinished storm drain at South Duncan Avenue and West 11th Street in Fayetteville, Arkansas, at 2:43 a.m. Sunday July 13, 2008.
Thursday, July 10, 2008
American basket flower (Centaurea Americana) blooming on World Peace Wetland Prairie and other unmowed places throughout northwest Arkansas
Please click on image to ENLARGE photo of American basketflower made on July 10, 2008.
American basketflower photos and description˜
American basketflower photos and description˜
Advisory group plans to protect watershed
The Morning News
Local News for Northwest Arkansas
Beaver Lake Watershed Group Sets Goals
By Caleb Fort
The Morning News
http://www.nwaonline.net/articles/2008/07/10/news/071108rzbeaverstakehldr.txt
SPRINGDALE - An advisory group tasked with creating a management plan for the Beaver Lake watershed adopted a set of goals at its meeting Thursday.
The goals include maintaining the quality of the drinking supply and restoring streams and lake areas to state environmental standards.
The Beaver Lake Watershed Strategy Policy Advisory Group was created by the Northwest Arkansas Council. The group had their first meeting in May.
Paul Carter, a member of the council, said it is vital for Northwest Arkansas to keep the lake and its watershed from being ruined by pollution or sediment buildup.
"One of our great assets - maybe one of our greatest assets - is Beaver Lake," he said.
Beaver Lake supplies drinking water to about 350,000 people, said Mike Malone, executive director of the council.
The strategy will be created with the guidance of Tetra Tech, an environmental engineering and consulting company based in Pasadena, Calif.
Barry Tonning, director of Applied research for Tetra Tech, said the group will have to consider many things as it creates a management plan.
For example, how land is used in the surrounding area can change the lake, he said. Septic tanks, farm and golf course runoff and new development can all affect the quality of the water, he said.
About 30 people from organizations such as the University of Arkansas, county planning departments, Tyson Foods and the Northwest Arkansas Property Rights Association attended the meeting.
The group's next meeting is tentatively scheduled for Sept. 4, where the committee will consider what benchmarks can be used to measure the success of the management plan.
The group will probably meet four or five more times at roughly eight-week intervals, Malone said. He said he is not sure how the plan will be implemented.
"It would be great if some central group came out of this to do it," he said.
AT A GLANCE
Beaver Lake Watershed Management Strategy
• Maintain a long-term, high-quality drinking water supply to meet present needs and continuing growth of the region.
• Restore water quality of impaired stream and lake areas (as listed on the Arkansas Department of Environmental Quality's list of impaired waters).
• Minimize additional costs and regulations for people living and working in the watershed.
Source: Beaver Lake Watershed Strategy Policy Advisory Group
Local News for Northwest Arkansas
Beaver Lake Watershed Group Sets Goals
By Caleb Fort
The Morning News
http://www.nwaonline.net/articles/2008/07/10/news/071108rzbeaverstakehldr.txt
SPRINGDALE - An advisory group tasked with creating a management plan for the Beaver Lake watershed adopted a set of goals at its meeting Thursday.
The goals include maintaining the quality of the drinking supply and restoring streams and lake areas to state environmental standards.
The Beaver Lake Watershed Strategy Policy Advisory Group was created by the Northwest Arkansas Council. The group had their first meeting in May.
Paul Carter, a member of the council, said it is vital for Northwest Arkansas to keep the lake and its watershed from being ruined by pollution or sediment buildup.
"One of our great assets - maybe one of our greatest assets - is Beaver Lake," he said.
Beaver Lake supplies drinking water to about 350,000 people, said Mike Malone, executive director of the council.
The strategy will be created with the guidance of Tetra Tech, an environmental engineering and consulting company based in Pasadena, Calif.
Barry Tonning, director of Applied research for Tetra Tech, said the group will have to consider many things as it creates a management plan.
For example, how land is used in the surrounding area can change the lake, he said. Septic tanks, farm and golf course runoff and new development can all affect the quality of the water, he said.
About 30 people from organizations such as the University of Arkansas, county planning departments, Tyson Foods and the Northwest Arkansas Property Rights Association attended the meeting.
The group's next meeting is tentatively scheduled for Sept. 4, where the committee will consider what benchmarks can be used to measure the success of the management plan.
The group will probably meet four or five more times at roughly eight-week intervals, Malone said. He said he is not sure how the plan will be implemented.
"It would be great if some central group came out of this to do it," he said.
AT A GLANCE
Beaver Lake Watershed Management Strategy
• Maintain a long-term, high-quality drinking water supply to meet present needs and continuing growth of the region.
• Restore water quality of impaired stream and lake areas (as listed on the Arkansas Department of Environmental Quality's list of impaired waters).
• Minimize additional costs and regulations for people living and working in the watershed.
Source: Beaver Lake Watershed Strategy Policy Advisory Group
Estimate of gasoline spilled reduced from first one published
Officials investigate gas spill at Beaver Lake marina
By Tabatha Hunter Staff Writer // tabathah@nwanews.com
Posted on Thursday, July 10, 2008
URL: http://www.nwanews.com/bcdr/News/63600/
ROGERS — When 70 mph winds and rain ripped through Benton County on Saturday night, visitors to Beaver Lake’s Lost Bridge Marina got a little more than they bargained for.
The storm pulled a boat dock away from the marina, severing a gas line connected to an 8, 800 gallon above ground tank and spilling an estimated 5 gallons of gas into Beaver Lake.
“ Our inspector observed and believes that (5 gallons ) was all that was lost in this incident, ” said Doug Szenher, of the Arkansas Department of Environmental Quality.
The gas tank was equipped with two shut-off valves, one close to the tank itself and the other next to the gas dispenser. When the line was torn away from the dock in the storm, both valves were activated, with a section of the line falling into the lake. That section, capable of containing 15 gallons of gas, was recovered by divers and found to have 5 gallons trapped inside.
“ The owner of the marina (Bob Bauer ) checked the gas tank with a measuring (device ), and it did not show any appreciable difference in the tank, ” Szenher said. Measuring the amount of gas inside the tank is accurate up to 12 gallons, strengthening the ADEQ’s stance that only 5 gallons of gasoline could have spilled into Beaver Lake.
This calculation is a far cry from the initial estimates made on Sunday by the Benton County Department of Emergency Management, suggesting that between 250 and 300 gallons of gas had escaped into the lake.
As of Tuesday, Marshal Watson, director of the Benton County Department of Emergency Management, changed his estimate to say that 100 gallons of gas had spilled into Beaver Lake.
“ My calculations indicate that the hose that was ruptured would have held up to 100 gallons, ” Watson said.
When asked about the discrepancy in his calculations of 100 gallons and the ADEQ’s calculations that only 5 gallons had escaped, Watson said, “ Here is the bottom line. I do not have the need in my operations to determine the amount that has leaked. My job is to stop the leak and contain the materials.
“ I certainly believe that (the leak ) is in excess of 5 gallons, ” Watson said. “ There is going to be some discrepancy between our agency and the owner (of Lost Bridge Marina ) and ADEQ. ”
For now, absorbent booms have been placed around the area of the gas leak, where they will stay until it is certain that all of the gas is absorbed.
The 5 gallons that the ADEQ estimates leaked into Beaver Lake will have “ very minimal effects on aquatic life. The effects are mainly of aesthetics in that small area where (the leak ) was contained, ” Szenher said.
Copyright © 2001-2008 Arkansas Democrat-Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com
By Tabatha Hunter Staff Writer // tabathah@nwanews.com
Posted on Thursday, July 10, 2008
URL: http://www.nwanews.com/bcdr/News/63600/
ROGERS — When 70 mph winds and rain ripped through Benton County on Saturday night, visitors to Beaver Lake’s Lost Bridge Marina got a little more than they bargained for.
The storm pulled a boat dock away from the marina, severing a gas line connected to an 8, 800 gallon above ground tank and spilling an estimated 5 gallons of gas into Beaver Lake.
“ Our inspector observed and believes that (5 gallons ) was all that was lost in this incident, ” said Doug Szenher, of the Arkansas Department of Environmental Quality.
The gas tank was equipped with two shut-off valves, one close to the tank itself and the other next to the gas dispenser. When the line was torn away from the dock in the storm, both valves were activated, with a section of the line falling into the lake. That section, capable of containing 15 gallons of gas, was recovered by divers and found to have 5 gallons trapped inside.
“ The owner of the marina (Bob Bauer ) checked the gas tank with a measuring (device ), and it did not show any appreciable difference in the tank, ” Szenher said. Measuring the amount of gas inside the tank is accurate up to 12 gallons, strengthening the ADEQ’s stance that only 5 gallons of gasoline could have spilled into Beaver Lake.
This calculation is a far cry from the initial estimates made on Sunday by the Benton County Department of Emergency Management, suggesting that between 250 and 300 gallons of gas had escaped into the lake.
As of Tuesday, Marshal Watson, director of the Benton County Department of Emergency Management, changed his estimate to say that 100 gallons of gas had spilled into Beaver Lake.
“ My calculations indicate that the hose that was ruptured would have held up to 100 gallons, ” Watson said.
When asked about the discrepancy in his calculations of 100 gallons and the ADEQ’s calculations that only 5 gallons had escaped, Watson said, “ Here is the bottom line. I do not have the need in my operations to determine the amount that has leaked. My job is to stop the leak and contain the materials.
“ I certainly believe that (the leak ) is in excess of 5 gallons, ” Watson said. “ There is going to be some discrepancy between our agency and the owner (of Lost Bridge Marina ) and ADEQ. ”
For now, absorbent booms have been placed around the area of the gas leak, where they will stay until it is certain that all of the gas is absorbed.
The 5 gallons that the ADEQ estimates leaked into Beaver Lake will have “ very minimal effects on aquatic life. The effects are mainly of aesthetics in that small area where (the leak ) was contained, ” Szenher said.
Copyright © 2001-2008 Arkansas Democrat-Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com
Heaviest rain misses Beaver watershed
Spillway gates remain closed as heaviest rain bypasses Beaver Lake
BY RICHARD MASSEY
Posted on Thursday, July 10, 2008
URL: http://www.nwanews.com/adg/News/230894/
The weak cold front that drifted into the region early Wednesday and dumped nearly 2 inches of rain on Fayetteville should be retreating north this afternoon, the National Weather Service reported.
The front, common for this time of year, stalled over Northwest Arkansas and northern Oklahoma around midnight and produced heavy local rain, meteorologist Joe Sellers said from the agency’s Tulsa office.
The meter at Drake Field in Fayetteville recorded 1. 75 inches, while the meter at Northwest Arkansas Regional Airport in Highfill measured 0. 75 inches. Vestiges of the front could return to the region this weekend, but “that has yet to be seen,” Sellers said.
Not enough rain fell to warrant opening the spillway gates Wednesday at Beaver Dam, said officials with the U. S. Army Corps of Engineers. If the current forecast holds, the Corps does not have plans to open the spillway today, either, said Jan Jones, chief of reservoir control.
“It rained pretty heavy [Wednesday ] morning,” Jones said. “But a lot of it fell west of the basin, actually.”
Local agencies reported lit- tle if any trouble created by the lengthy downpour.
John Luther, director of Washington County Emergency Management, said Wednesday morning that no major problems had been reported. “So far we’ve only had reports of a couple of trees down, that’s it,” Luther said.
Deputy Doug Gay of the Benton County sheriff’s office said his area was spared the brunt of the storm.
“It was just kind of a nice, gentle rain,” Gay said. “I don’t know of anything severe in the county.”
Copyright © 2001-2008 Arkansas Democrat-Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com
BY RICHARD MASSEY
Posted on Thursday, July 10, 2008
URL: http://www.nwanews.com/adg/News/230894/
The weak cold front that drifted into the region early Wednesday and dumped nearly 2 inches of rain on Fayetteville should be retreating north this afternoon, the National Weather Service reported.
The front, common for this time of year, stalled over Northwest Arkansas and northern Oklahoma around midnight and produced heavy local rain, meteorologist Joe Sellers said from the agency’s Tulsa office.
The meter at Drake Field in Fayetteville recorded 1. 75 inches, while the meter at Northwest Arkansas Regional Airport in Highfill measured 0. 75 inches. Vestiges of the front could return to the region this weekend, but “that has yet to be seen,” Sellers said.
Not enough rain fell to warrant opening the spillway gates Wednesday at Beaver Dam, said officials with the U. S. Army Corps of Engineers. If the current forecast holds, the Corps does not have plans to open the spillway today, either, said Jan Jones, chief of reservoir control.
“It rained pretty heavy [Wednesday ] morning,” Jones said. “But a lot of it fell west of the basin, actually.”
Local agencies reported lit- tle if any trouble created by the lengthy downpour.
John Luther, director of Washington County Emergency Management, said Wednesday morning that no major problems had been reported. “So far we’ve only had reports of a couple of trees down, that’s it,” Luther said.
Deputy Doug Gay of the Benton County sheriff’s office said his area was spared the brunt of the storm.
“It was just kind of a nice, gentle rain,” Gay said. “I don’t know of anything severe in the county.”
Copyright © 2001-2008 Arkansas Democrat-Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com
Wednesday, July 9, 2008
Government protection of wetland pathetic
EPA Enforcement Is Faulted
Agency Official Cites Narrow Reading of Clean Water Act
By Juliet Eilperin Washington Post Staff Writer Tuesday, July 8, 2008; A06
An official administration guidance document on wetland policy is undermining enforcement of the Clean Water Act, said a March 4 memo written by the Environmental Protection Agency's chief enforcement officer.
The memo by Granta Y. Nakayama, EPA's assistant administrator for enforcement and compliance assurance, was obtained by the advocacy group Greenpeace and released yesterday by two House Democratic committee chairmen. It highlights the confusion that has afflicted federal wetland protections since a 2006 Supreme Court decision.
That 5 to 4 decision, known as Rapanos v. United States, held that the Army Corps of Engineers had exceeded its authority when it denied two Michigan developers permits to build on wetland, but the court split on where the Corps should have drawn the line on what areas deserve protection.
A plurality made of up Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. proposed an across-the-board reduction in the Corps' regulatory role, but Justice Anthony M. Kennedy -- who cast the deciding vote -- called for a case-by-case approach in deciding how the government should proceed. That left the ruling open to interpretation.
In his memo to Benjamin Grumbles, EPA's assistant administrator for water, Nakayama wrote that the document the agency issued in June 2007 to guide regulators' decisions under the Rapanos decision is having "a significant impact on enforcement." Nakayama and his staff concluded that between July 2006 and December 2007, EPA's regional offices had decided not to pursue potential Clean Water Act violations in 304 cases "because of jurisdictional uncertainty."
Much of the controversy centers on what sort of waterway and accompanying wetland should qualify for protection. The administration's guidance instructs federal officials to focus on the "relevant reach" of a tributary, which translates into a single segment of a stream. In the memo, Nakayama argued that this definition "isolates the small tributary" and "ignores longstanding scientific ecosystem and watershed protection principles critical to meeting the goals" of the Clean Water Act.
Chairmen Henry A. Waxman (D-Calif.) of the House Government Oversight and Reform Committee and James L. Oberstar (D-Minn.) of the Transportation and Infrastructure Committee sent a letter yesterday to EPA Administrator Stephen L. Johnson saying they have "grave concerns" about the way the agency is implementing the Clean Water Act.
The two noted that Nakayama concluded that in all, the Supreme Court decision and the subsequent guidance document "negatively affected approximately 500 enforcement cases" in nine months. They also questioned why EPA's Grumbles did not raise the issue when he testified before Oberstar's panel less than three months ago.
"This sudden reduction in enforcement activity will undermine the implementation of the Clean Water Act and adversely affect EPA's responsibility to protect the nation's waters," the congressmen wrote. "Yet instead of sounding the alarm about EPA's enforcement problems, the agency's public statements have minimized the impact of the Rapanos decision."
In response to a question about the congressional inquiry, EPA spokesman Jonathan Shradar said in an e-mail: "We will be reviewing the new request and will work with the chairmen to provide information on our enforcement program."
Eric Schaeffer, who used to head EPA's civil enforcement division and now heads the Environmental Integrity Project, an advocacy group, called Nakayama's memo "very significant. It lays out very clearly why you can't enforce one of the most important parts of the Clean Water Act."
EPA officials are not the only ones growing frustrated with the confusing legal interpretations of the Rapanos decision. Robert B. Propst, a senior judge on the U.S. District Court for the Northern District of Alabama, Southern Division, wrote in a Nov. 7, 2007, decision that he was reassigning a wetland case "to another judge for trial. At least one of the reasons is that I am so perplexed by the way the law applicable to this case has developed that it would be inappropriate for me to try it again."
© 2008 The Washington Post Company
Stormwater Management Total Stormwater Management Service Design, Repair & Maintenance www.apexcos.com
Agency Official Cites Narrow Reading of Clean Water Act
By Juliet Eilperin Washington Post Staff Writer Tuesday, July 8, 2008; A06
An official administration guidance document on wetland policy is undermining enforcement of the Clean Water Act, said a March 4 memo written by the Environmental Protection Agency's chief enforcement officer.
The memo by Granta Y. Nakayama, EPA's assistant administrator for enforcement and compliance assurance, was obtained by the advocacy group Greenpeace and released yesterday by two House Democratic committee chairmen. It highlights the confusion that has afflicted federal wetland protections since a 2006 Supreme Court decision.
That 5 to 4 decision, known as Rapanos v. United States, held that the Army Corps of Engineers had exceeded its authority when it denied two Michigan developers permits to build on wetland, but the court split on where the Corps should have drawn the line on what areas deserve protection.
A plurality made of up Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. proposed an across-the-board reduction in the Corps' regulatory role, but Justice Anthony M. Kennedy -- who cast the deciding vote -- called for a case-by-case approach in deciding how the government should proceed. That left the ruling open to interpretation.
In his memo to Benjamin Grumbles, EPA's assistant administrator for water, Nakayama wrote that the document the agency issued in June 2007 to guide regulators' decisions under the Rapanos decision is having "a significant impact on enforcement." Nakayama and his staff concluded that between July 2006 and December 2007, EPA's regional offices had decided not to pursue potential Clean Water Act violations in 304 cases "because of jurisdictional uncertainty."
Much of the controversy centers on what sort of waterway and accompanying wetland should qualify for protection. The administration's guidance instructs federal officials to focus on the "relevant reach" of a tributary, which translates into a single segment of a stream. In the memo, Nakayama argued that this definition "isolates the small tributary" and "ignores longstanding scientific ecosystem and watershed protection principles critical to meeting the goals" of the Clean Water Act.
Chairmen Henry A. Waxman (D-Calif.) of the House Government Oversight and Reform Committee and James L. Oberstar (D-Minn.) of the Transportation and Infrastructure Committee sent a letter yesterday to EPA Administrator Stephen L. Johnson saying they have "grave concerns" about the way the agency is implementing the Clean Water Act.
The two noted that Nakayama concluded that in all, the Supreme Court decision and the subsequent guidance document "negatively affected approximately 500 enforcement cases" in nine months. They also questioned why EPA's Grumbles did not raise the issue when he testified before Oberstar's panel less than three months ago.
"This sudden reduction in enforcement activity will undermine the implementation of the Clean Water Act and adversely affect EPA's responsibility to protect the nation's waters," the congressmen wrote. "Yet instead of sounding the alarm about EPA's enforcement problems, the agency's public statements have minimized the impact of the Rapanos decision."
In response to a question about the congressional inquiry, EPA spokesman Jonathan Shradar said in an e-mail: "We will be reviewing the new request and will work with the chairmen to provide information on our enforcement program."
Eric Schaeffer, who used to head EPA's civil enforcement division and now heads the Environmental Integrity Project, an advocacy group, called Nakayama's memo "very significant. It lays out very clearly why you can't enforce one of the most important parts of the Clean Water Act."
EPA officials are not the only ones growing frustrated with the confusing legal interpretations of the Rapanos decision. Robert B. Propst, a senior judge on the U.S. District Court for the Northern District of Alabama, Southern Division, wrote in a Nov. 7, 2007, decision that he was reassigning a wetland case "to another judge for trial. At least one of the reasons is that I am so perplexed by the way the law applicable to this case has developed that it would be inappropriate for me to try it again."
© 2008 The Washington Post Company
Stormwater Management Total Stormwater Management Service Design, Repair & Maintenance www.apexcos.com
Tuesday, July 8, 2008
Condo developers seeking extension of project approval from Benton County
To All ABLE Members,
I am sending this email to galvanize our ABLE membership to take action! The Grandview Heights condo developers are back, this time to request a two-year extension from the Benton County Planning Board. This is a chance to kill this project once and for all!
The Planning board meeting will be at 5:30 on Wednesday, July 16. It will be held in the Quorum Court room (3rd floor), in the Benton County Administration building. This building is just east of the courthouse located on the Bentonville Square. The room isn’t real large, so please get there between 4:30 and 5 if possible. If you are comfortable doing so, please plan on speaking during the public comment period. There is a 3-minute limit per person and of course you don’t have to use the full time. I will provide some talking points below. There are a lot of issues to talk about, so just pick a few points that you are comfortable talking about.
In addition to having people speak during the time allotted for public comment, it would be a good idea to over pack the room. This would send a message to the planning board that there are still many concerned citizens who do not want this project’s developers to do any more damage than they already have. So even if you don't speak, please be there and come early - the room will probably over fill. By the way - if we fill the room by 4:30 or 5 - there will not be room for the condo team to come in and sit down other than their speaker. I don't anticipate very many red shirts coming out to support the condos.
Some background for any of you who are wondering what the meeting is all about:
Grandview Heights was approved in 2005 with a list of 13 required items and a 2 year window in which to pull a building permit. The approval was for a 15-story condo building, and two additional buildings up to 25 stories each. The 2 years expire on July 21st. Now they are asking for a 2-year extension.
The main overriding issue is that the condo project is in such a mess financially; it is unlikely they can get a completion bond – one of the 13 items required by the County. If they can't get the completion bond (which requires a strong financial position) then they can't get a building permit and therefore cannot build the project.
What is the financial mess? They are in foreclosure on the property - 2 entities are fighting over who is first in line to foreclose. A foreclosure is a lawsuit - so both the seller of the property and a group that lent them money are suing the developer. There are also liens against the property for unpaid work done at the site. Neither the dirt work contractor nor the engineering firm has been paid and the team that designed the sewage treatment system also has not been paid. And, it is astonishing to me that the property taxes are delinquent. I'm not surprised the taxes weren't paid - I'm astonished that the developer has the nerve to go in and ask the same County for an extension! This alone should make them ineligible to ask for more time.
There are many other reasons not to give an extension. In 2 1/2 years, they have not completed any of the 13 requirements the County gave this project. The Arkansas Dept. of Environmental Quality denied their request for a sewage treatment facility. and – they never completed a fire study and therefore do not have the required agreement with the fire department.
Ultimately, the developers could not perform, scarred the land, and ripped off some local companies as well as the county taxpayers! Why would this planning board even consider an extension for this project?
The County Planning Regulations (Blue Book) state in Chapter I Section 5 (page 6):
"The planning board may modify, vary, or waive the requirements of this ordinance by an affirmative vote of two-thirds (2/3) vote of the total membership of the Benton County Planning Board. Note: a two-thirds vote of the attending quorum is not sufficient. The criteria to grant such modification, variances, or waiver shall be, without exception, and singularly because strict compliance with any provision of this ordinance would cause exceptional or undue hardship to the land developer. Additionally, extra expense, economic hardship, or additional outlay of capital funds or money shall never constitute grounds for exceptional or undue hardship".
So, someone needs to state that any vote for an extension would require 5 yes votes, and that there is no reason that the developers can give for an extension other than economic hardship, and that is specifically excluded in the Planning regulations as stated above.
If you cannot attend the meeting on the 16th, or do not wish to speak, please email your arguments to the Planning Director and Planning Board members below.
Planning Director Ashley Pope – apope@co.benton.ar.us
Bill Kneebone bkmj@centurytel.net
Caleb Henry chenry@ozarkcivil.com
Heath Ward Heath_Ward@cargill.com
Mark Gray markagray@earthlink.net
Scott Borman Scott.Borman@bwrpwa.com
Tim Sorey trs@sandcreek.us
Adele Lucus unknown
Please participate. Only through all of our efforts will we succeed!
I expect to hear a really slick sales pitch on the 16th from the developer’s attorney. It will probably be something like… “we have investors lined up, but they won’t invest unless you give us the additional time”. The media will all be there. Hope to see you on the 16th at 4:30 (meeting starts at 5:30)!
Doug Timmons
President, ABLE
I am sending this email to galvanize our ABLE membership to take action! The Grandview Heights condo developers are back, this time to request a two-year extension from the Benton County Planning Board. This is a chance to kill this project once and for all!
The Planning board meeting will be at 5:30 on Wednesday, July 16. It will be held in the Quorum Court room (3rd floor), in the Benton County Administration building. This building is just east of the courthouse located on the Bentonville Square. The room isn’t real large, so please get there between 4:30 and 5 if possible. If you are comfortable doing so, please plan on speaking during the public comment period. There is a 3-minute limit per person and of course you don’t have to use the full time. I will provide some talking points below. There are a lot of issues to talk about, so just pick a few points that you are comfortable talking about.
In addition to having people speak during the time allotted for public comment, it would be a good idea to over pack the room. This would send a message to the planning board that there are still many concerned citizens who do not want this project’s developers to do any more damage than they already have. So even if you don't speak, please be there and come early - the room will probably over fill. By the way - if we fill the room by 4:30 or 5 - there will not be room for the condo team to come in and sit down other than their speaker. I don't anticipate very many red shirts coming out to support the condos.
Some background for any of you who are wondering what the meeting is all about:
Grandview Heights was approved in 2005 with a list of 13 required items and a 2 year window in which to pull a building permit. The approval was for a 15-story condo building, and two additional buildings up to 25 stories each. The 2 years expire on July 21st. Now they are asking for a 2-year extension.
The main overriding issue is that the condo project is in such a mess financially; it is unlikely they can get a completion bond – one of the 13 items required by the County. If they can't get the completion bond (which requires a strong financial position) then they can't get a building permit and therefore cannot build the project.
What is the financial mess? They are in foreclosure on the property - 2 entities are fighting over who is first in line to foreclose. A foreclosure is a lawsuit - so both the seller of the property and a group that lent them money are suing the developer. There are also liens against the property for unpaid work done at the site. Neither the dirt work contractor nor the engineering firm has been paid and the team that designed the sewage treatment system also has not been paid. And, it is astonishing to me that the property taxes are delinquent. I'm not surprised the taxes weren't paid - I'm astonished that the developer has the nerve to go in and ask the same County for an extension! This alone should make them ineligible to ask for more time.
There are many other reasons not to give an extension. In 2 1/2 years, they have not completed any of the 13 requirements the County gave this project. The Arkansas Dept. of Environmental Quality denied their request for a sewage treatment facility. and – they never completed a fire study and therefore do not have the required agreement with the fire department.
Ultimately, the developers could not perform, scarred the land, and ripped off some local companies as well as the county taxpayers! Why would this planning board even consider an extension for this project?
The County Planning Regulations (Blue Book) state in Chapter I Section 5 (page 6):
"The planning board may modify, vary, or waive the requirements of this ordinance by an affirmative vote of two-thirds (2/3) vote of the total membership of the Benton County Planning Board. Note: a two-thirds vote of the attending quorum is not sufficient. The criteria to grant such modification, variances, or waiver shall be, without exception, and singularly because strict compliance with any provision of this ordinance would cause exceptional or undue hardship to the land developer. Additionally, extra expense, economic hardship, or additional outlay of capital funds or money shall never constitute grounds for exceptional or undue hardship".
So, someone needs to state that any vote for an extension would require 5 yes votes, and that there is no reason that the developers can give for an extension other than economic hardship, and that is specifically excluded in the Planning regulations as stated above.
If you cannot attend the meeting on the 16th, or do not wish to speak, please email your arguments to the Planning Director and Planning Board members below.
Planning Director Ashley Pope – apope@co.benton.ar.us
Bill Kneebone bkmj@centurytel.net
Caleb Henry chenry@ozarkcivil.com
Heath Ward Heath_Ward@cargill.com
Mark Gray markagray@earthlink.net
Scott Borman Scott.Borman@bwrpwa.com
Tim Sorey trs@sandcreek.us
Adele Lucus unknown
Please participate. Only through all of our efforts will we succeed!
I expect to hear a really slick sales pitch on the 16th from the developer’s attorney. It will probably be something like… “we have investors lined up, but they won’t invest unless you give us the additional time”. The media will all be there. Hope to see you on the 16th at 4:30 (meeting starts at 5:30)!
Doug Timmons
President, ABLE
Friday, July 4, 2008
Downtown General zone? Why not Neighborhood Conservation?
Please click on image of native-stone house and giant catalpa trees uphill from Spout Spring Branch in south Fayetteville, Arkansas. This lot and adjacent blocks in the area would be zoned Downtown General rather than Neighborhood Conservation if the Walker Park Neighborhood Master Plan is not revised.
When I advocated closer study of geography and existing homes in the Walker Park neighborhood before the rezoning plan is approved, I was thinking of many places.
Here is the intersection at the far northeast corner of the Walker Park master plan and it is in blue on the concept plan as "downtown general." I was wrong about that being Mary Carr's house, which is a block north on Huntsville.
IMPORTANT THINGS TO PROTECT In this photo:
Riparian zone of Spout Spring Branch starts part way down this lot this corner lot or it certainly starts in the adjoining lot. Any disruption of soil or anything else on this property would be within what should be the no-build zone to protect the Beaver Lake Watershed and would imperial the quality of the stream.
GIANT catalpa trees are pretty common in this part of town but are being taken down regularly. Here here are examples worth saving.
Native stone houses are disappearing rapidly in this part of town and here is an example worth saving. I know, it isn't of as high quality as the one removed from the land of the late Ray Adams on S. School Ave. to make way for Advance Auto, but it is a wonderful dwelling and of historic value.
Mill Ave., of course, is the extension of E. South Street leading northeastward from the narrow block that was discussed by Tony Wappel in the council meeting this past Tuesday.
Enjoy the holiday!
When I advocated closer study of geography and existing homes in the Walker Park neighborhood before the rezoning plan is approved, I was thinking of many places.
Here is the intersection at the far northeast corner of the Walker Park master plan and it is in blue on the concept plan as "downtown general." I was wrong about that being Mary Carr's house, which is a block north on Huntsville.
IMPORTANT THINGS TO PROTECT In this photo:
Riparian zone of Spout Spring Branch starts part way down this lot this corner lot or it certainly starts in the adjoining lot. Any disruption of soil or anything else on this property would be within what should be the no-build zone to protect the Beaver Lake Watershed and would imperial the quality of the stream.
GIANT catalpa trees are pretty common in this part of town but are being taken down regularly. Here here are examples worth saving.
Native stone houses are disappearing rapidly in this part of town and here is an example worth saving. I know, it isn't of as high quality as the one removed from the land of the late Ray Adams on S. School Ave. to make way for Advance Auto, but it is a wonderful dwelling and of historic value.
Mill Ave., of course, is the extension of E. South Street leading northeastward from the narrow block that was discussed by Tony Wappel in the council meeting this past Tuesday.
Enjoy the holiday!
Wednesday, July 2, 2008
July is buttonbush month in Northwest Arkansas wetland areas and along streams and ditches
PLEASE CLICK ON IMAGE TO ENLARGE PHOTO of Buttonbush inflorescence on World Peace Wetland Prairie on June 2, 2008.
I have been asked why I discourage people from using radical clearing methods on wetland prairies, especially small parcels and urban parcels such as World Peace Wetland Prairie.
One of the main reasons is that some prairie and wetland native species need to grow tall and strong and not be cut bank or burned off if they are to reach their full potential.
The buttonbush is among the easiest to identify in this category at this time of year. The buttonbush is a sure marker of wetland when found growing in the wild. Its value to many species of wildlife is well-documented. And it is among the better native species for protecting riparian zones of streams from eroding.
Read what Texas A&M's Aquaplant Website has to say about the amazing buttonbush.
http://aquaplant.tamu.edu/database/emergent_plants/buttonbush.htm
WWW AQUAPLANT
Plant Identification
Bulrush
Cattail
Buttonbush
Description Management Options Other Photos
Cephalanthus occidentalis
Buttonbush is a woody shrub (3-10 feet tall) that occasionally grows into a small tree and can be found above water or in water up to 4 feet deep. It has shiny dark-green spear-or egg-shaped pointed leaves 3 to 6 inches long. The leaves are opposite or whorled in 3's or 4's along the stem. Flowers of buttonbush are easily identified by their greenish-white tube flowers in dense ball-shaped clusters about 1 inch in diameter. Seed heads are brown.
Submerged portions of all aquatic plants provide habitats for many micro and macro invertebrates. These invertebrates in turn are used as food by fish and other wildlife species (e.g. amphibians, reptiles, ducks, etc. ). After aquatic plants die, their decomposition by bacteria and fungi provides food (called "detritus") for many aquatic invertebrates. Buttonbush seeds are occasionally eaten by ducks but the bush itself is used for nesting by many bird species.
Emergent Plant Index
Alligator Weed
American Lotus
Arrowhead
Banana Lily (Floating Heart)
Blue Flag
Bulrush
Bull Tongue
Buttonbush
Cattail
Common Reed
Cow Lily (Spatterdock)
Dollar Bonnet (Water Shield)
Floating Heart (Banana Lily)
Fragrant Water Lily (White Water Lily)
Frog's-bit
Giant Reed
Horsetail
Lizard's Tail
Maidencane
Mexican Water Lily (Yellow Water Lily) Pickerelweed
Sedges
Smartweed (Water Pepper)
Soft Rush
Southern Watergrass
Spatterdock (Cow Lily)
Spike Rush
Three-Square
Torpedograss
Waterleaf
Water Pennywort
Water Pepper (Smartweed)
Water Primrose
Water Shield (Dollar Bonnet)
White Water Lily (Fragrant Water Lily)
Willow
Yellow Water Lily (Mexican Water Lily)
Back to Top
Copyright (C) 2000-2008 Texas AgriLife Extension Service. All rights reserved.
I have been asked why I discourage people from using radical clearing methods on wetland prairies, especially small parcels and urban parcels such as World Peace Wetland Prairie.
One of the main reasons is that some prairie and wetland native species need to grow tall and strong and not be cut bank or burned off if they are to reach their full potential.
The buttonbush is among the easiest to identify in this category at this time of year. The buttonbush is a sure marker of wetland when found growing in the wild. Its value to many species of wildlife is well-documented. And it is among the better native species for protecting riparian zones of streams from eroding.
Read what Texas A&M's Aquaplant Website has to say about the amazing buttonbush.
http://aquaplant.tamu.edu/database/emergent_plants/buttonbush.htm
WWW AQUAPLANT
Plant Identification
Bulrush
Cattail
Buttonbush
Description Management Options Other Photos
Cephalanthus occidentalis
Buttonbush is a woody shrub (3-10 feet tall) that occasionally grows into a small tree and can be found above water or in water up to 4 feet deep. It has shiny dark-green spear-or egg-shaped pointed leaves 3 to 6 inches long. The leaves are opposite or whorled in 3's or 4's along the stem. Flowers of buttonbush are easily identified by their greenish-white tube flowers in dense ball-shaped clusters about 1 inch in diameter. Seed heads are brown.
Submerged portions of all aquatic plants provide habitats for many micro and macro invertebrates. These invertebrates in turn are used as food by fish and other wildlife species (e.g. amphibians, reptiles, ducks, etc. ). After aquatic plants die, their decomposition by bacteria and fungi provides food (called "detritus") for many aquatic invertebrates. Buttonbush seeds are occasionally eaten by ducks but the bush itself is used for nesting by many bird species.
Emergent Plant Index
Alligator Weed
American Lotus
Arrowhead
Banana Lily (Floating Heart)
Blue Flag
Bulrush
Bull Tongue
Buttonbush
Cattail
Common Reed
Cow Lily (Spatterdock)
Dollar Bonnet (Water Shield)
Floating Heart (Banana Lily)
Fragrant Water Lily (White Water Lily)
Frog's-bit
Giant Reed
Horsetail
Lizard's Tail
Maidencane
Mexican Water Lily (Yellow Water Lily) Pickerelweed
Sedges
Smartweed (Water Pepper)
Soft Rush
Southern Watergrass
Spatterdock (Cow Lily)
Spike Rush
Three-Square
Torpedograss
Waterleaf
Water Pennywort
Water Pepper (Smartweed)
Water Primrose
Water Shield (Dollar Bonnet)
White Water Lily (Fragrant Water Lily)
Willow
Yellow Water Lily (Mexican Water Lily)
Back to Top
Copyright (C) 2000-2008 Texas AgriLife Extension Service. All rights reserved.
Tuesday, July 1, 2008
Walker Park neighborhood rezoning plan to be considered by City Council tonight
Please click on image to ENLARGE.
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