Sunday, August 3, 2008

Beaver Lake watershed's urban streams offer relief from 100-degree heat

Please click on link to Enlarge photos of boys enjoying city stream about 200 yards south of Sixth Street, the Martin Luther King Boulevard, which is adjacent to the University of Arkansas campus in Fayetteville, Arkansas.

Saturday, August 2, 2008

Democrat-Gazette editorial cites Beaver Lake pollution problem

 
EDITORIALS : Man-made mess
Arkansas Democrat-Gazette Northwest Edition
Posted on Friday, August 1, 2008
URL: http://www.nwanews.com/adg/Editorial/232975

THE NAME of the housing
development sounded vaguely familiar:
Grandview Heights. Oh yes, that’s the one that the builders planned to put up on the shores of Beaver Lake, complete with high-rise monstrosities towering over the once pristine scene. We didn’t think much of the idea at the time. High-rises in the Ozarks ? On the environmentally sensitive shores of a lake that provides drinking water to whole communities ? You gotta be kidding. But this is also the Northwest Arkansas where it seems nobody ever met a development they didn’t like—or at least tolerate. As it turned out, the grandiose project was scaled back, but only somewhat. Instead of seven 25-story buildings, developers made a big concession: They’d only build three 15-story towers, limiting themselves to a mere 486 condominiums. Benton County thought that was just fine and gave the idea the go-ahead.
That was three years ago. What’s happened since then ? As it turns out, not much. The developers cleared the land, graded some roads, and put in a drainage system. Otherwise, the project just sat there.
And started washing off into Beaver Lake.
Which is why this stalled project is back in the news. The neighbors, who were never too thrilled with the plans in the first place (think paved-over countryside ), say the runoff is fouling Beaver Lake. They’re upset. So is the state’s environmental department. If even that sleepy watchdog has awakened, you know things are bad.
The neighbors knew something was wrong when the water in nearby Coos Hollow cove turned green instead of the crystal blue that’s more normal in the middle of summer. Soil runoff is causing algae to form in the water, which makes it harder to treat for human consumption. The water treated by one nearby water district that serves 60, 000 customers has been 10 times dirtier this year than last. Heavy spring rains are partly to blame, but other treatment plants farther away have seen their water clear up much faster.
While the scraped-off land runs into the cove, it’s unclear what will happen with the development. The builders ran into money problems when the housing downturn hit. They’re not sure whether they’ll even continue with the project. Considering the disproportionate scale of the development—the triple towers would have dwarfed their surroundings—the failure to build them would be no great loss. But while the developers consider their options, the mess grows messier.
Here’s a description of the marred scene from a news story by our Amanda O’Toole:
“Rain has carved deep gullies through a winding gravel road on the 177-acre construction site.... French drains laid exposed and crumpled like used drinking straws, and trees rested on silt fences meant to keep runoff from the lake.”
If that isn’t the very depressing picture of an abandoned construction site, what is ? What’s left of Grandview Heights reminds us of the gaping hole in downtown Fayetteville that was supposed to be the site of a 200-room hotel. These days, the Renaissance Hotel is another of those projects that have run afoul of today’s economic slowdown. There’s a public interest in the project because it’s become such an eyesore. And also because public money was involved in it—in the form of a special tax district formed to finance the demolition of what once stood on the site, the crumbling old Mountain Inn.
Public interest is just as warranted when it comes to Grandview Heights. There might not have been a special tax district set up to finance it, but Benton County went along with the plan. And now the source of drinking water for thousands of residents is being fouled by runoff from the unfinished—or rather barely started—condo project.
It’s unclear what’s going to be done. The state’s environmental regulators have told the developers to fix the worst problems. But the company hasn’t responded yet. Even if they don’t, the regulators aren’t sure what kind of reprimand or penalties could be involved.
These aren’t the best of times for developers. Northwest Arkansas got so used to things going so well for so long that it tends to comes as a shock, or at least a surprise, when these high-profile projects stall out for financial reasons.
It’s one thing for developers to take a beating. After all, they’re entrepreneurs. Risk is part of their job description. But it’s something else when a failed project affects the common good, whether it’s an ugly wound in downtown Fayetteville or runoff causing problems with the main source of drinking water for Northwest Arkansas. If the public’s going to get blindsided, the developers ought at least be required to make things right, instead of walking off and leaving their messes behind.
Copyright © 2001-2008 Arkansas Democrat-Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com

Sunday, July 27, 2008

Benton County Quorum Court votes against watershed protection

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.

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.

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

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

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.

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.

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.

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