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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