february 25, 2013 horseshoe bend, ar 72512 · 2019-12-31 · horseshoe bend, ar 72512 re: complaint...

February 25, 2013

Jess R. Wilson & Michelle Muncie, Owners

1803 Fox Point

Horseshoe Bend, AR 72512

RE: Complaint Investigation

J.R. Wilson & Michelle Muncie Property - Strawberry River (Izard Co.) Inspection

Dear Mr. Wilson and Ms. Muncie:

On October 4, 2012, fellow inspector Sean Saunders and I performed an investigation of your

property on the Strawberry River near Horseshoe Bend, AR, in response to a complaint. The

complaint alleged that illegal mining was occurring in the Strawberry River. The Strawberry River

is listed by the State of Arkansas as an Extraordinary Resource Water and a Scenic Waterway.

Additionally, the Strawberry River is an Ecologically Sensitive Waterbody due to the presence of

the Strawberry River Darter. This investigation revealed that extensive mining of gravel/sand had

occurred both instream and immediately adjacent to the Strawberry River without prior approval

from the U.S. Army Corps of Engineers (USACOE) and the ADEQ.

Please submit a written response to the Water Division Field Services Branch of this Department.

Your response shall include the following information:

1. Justification as to why authorization from the USACOE and the ADEQ was not gained prior

to the mining/excavation activities that may have caused violations of the Arkansas Water

Quality Standards.

2. Any actions/precautions that were taken during in-stream activities to prevent a violation of

Arkansas Water Quality Standards and to protect the designations listed above.

3. The amount (cubic yards or tons) of material (sand, gravel, etc.) that was removed from the

Strawberry River and the immediate surrounding areas.

4. The person(s) responsible for mining/excavating and hauling this material.

5. The location(s) where this material was used.

6. The exact location(s) where any additional mining activities are occurring on properties

owned by you or under your control.

The above items require your immediate attention. Please submit a written response to these

findings to the Water Division Field Services Branch of this Department. This response should be

mailed to the address at the bottom of the first page of the letter or e-mailed to

[email protected]. This response should contain documentation describing

the course of action taken to correct each item noted. This corrective action should be completed as

mailto:[email protected]

Jess R. Wilson & Michelle Muncie, J.R. Wilson & Michelle Muncie Property - Strawberry River

near Horsehshoe Bend

February 25, 2013

Complaint Report Page 2

soon as possible, and the written response with all necessary documentation (i.e. photos) is due by

March 11, 2013.

If I can be of any assistance, please contact me at [email protected] or 870-935-7221 ext.12.

Sincerely,

Brent L. Walker

District 3 Field Inspector

Water Division

mailto:[email protected]

ADEQ Water Div. Complaint Investigation AFIN: 33-00000 Permit #: N/A

Complaint Report

Water Division Photographic Evidence Sheet

Location: J.R. Wilson & Michelle Muncie Property - Strawberry River near Horsehshoe Bend

Photographer: Brent Walker Witness: Sean Saunders

Photo # 1 Of 10 Date: 10/4/2012 Time: 1205

Description: Downstream end of gravel bar where mining occurred. (Facing downstream)



Description: Gravel bar where mining occurred.


Complaint Report





Description: Gravel bar where mining occurred. (Facing upstream)





Complaint Report










Complaint Report








Description: Upstream end of gravel bar where mining occurred.


Complaint Report

General vicinity map:


Complaint Report

Site where dam was constructed and mining has occurred:


Complaint Report

WATER DIVISION COMPLAINT REPORT

GPS LOCATION: 36.204159°, -91.798629° AFIN: 33-00000

PERMIT#: N/A

DATE RECEIVED: 9/24/2012 COUNTY: Izard

COMPLAINANT NAME: Anonymous COMPLAINT AGAINST: J.R. Wilson & Michelle Muncie Property - Strawberry River near Horsehshoe Bend

ADDRESS: N/A ADDRESS: 1803 Fox Point, Horseshoe Bend, AR, 72512

PHONE: N/A PHONE: 870-670-4483

TRACKING & REFERRAL INFORMATION

PERSON RECEIVING REPORT: Sean Saunders

DATE: 9/24/2012

SUPERVISOR REFERRAL:

DATE:

INSPECTOR REFERRAL:

DATE:

MEDIA SUPERVISOR REFERRAL:

DATE:

PHONE REFERRAL CONTACT:

DATE:

RECEIVING INSPECTOR: Brent Walker

DATE: 9/24/2012

COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL

DETAILED DESCRIPTION

Complainant alleges that gravel is being illegally mined from the Strawberry River in multiple locations near Horseshoe Bend and Wiseman.

LOCATION

~0.4 miles WSW of the intersection of N. Spring Dr. and E. Spring Dr. Izard Co. Parcel #: 001-04217-000, Horseshoe Bend, AR

PREVIOUS COMPLAINT: YES NO DATES:

DISCHARGE TO WATER OF THE STATE: YES NO NAME OF WATERBODY: Strawberry River

INVESTIGATION

INSPECTOR: Brent Walker

DATE: 10/4/2012

ACTION TAKEN: Onsite Investigation PHOTOS TAKEN: YES NO

On October 4, 2012 fellow inspector Sean Saunders and I performed an investigation of the multiple locations on the Strawberry River including the above referenced site where it appeared that extensive mining of gravel/sand had occurred both instream and immediately adjacent to the Strawberry River without prior approval from the U.S. Army Corps of Engineers (USACOE) and the ADEQ.

FURTHER ACTION: Letter Sent

A letter has been sent to the property owners citing the above items and requiring a written response to the findings. This letter also requires the submission of addition information related to the in-stream activities. This matter will be referred to the Enforcement Branch for their review and consideration. This matter is also being referred to the US Army Corps of Engineers for Clean Water Act §404 and subsequent §401 violations for the discharge of dredge and fill material associated with the construction of the dam/low water crossing.

SIGNATURE: Brent L. Walker PDS# 015187 DATE: 10/4/2012

Mr. Brent Walker 1803 Fox Point ADEQ District 3 Horseshoe Bend, AR 72512 Arkansas Dept. of Environmental Quality March 10, 2013 5301 Northshore Drive Little Rock, AR 72118-5317 RE: Complaint Investigation Dear Mr. Walker: I apologize for the delay in responding to this letter. Although I believe we are within the time frame established, apparently our mailman cannot put these in the proper mailboxes, and a neighbor brought it to our home a few days later. Your letter references an alleged illegal mining operation at our property in the Strawberry River. You have asked for a written response to include the following information:

1. Justification as to why authorization from the USACOE and the ADEQ was not gained prior to the mining/excavation activities that may have caused violations of the Arkansas Water Quality Standards.

Response: No mining or excavation activities were performed. The Contractor who performed earthwork on our property advised us that no authorization was necessary, since a)We were not working within the riverbed, and b)The only earthwork performed near the riverbed was to stabilize the embankment which had severely eroded during flooding.

2. Any actions/precautions that were taken during in-stream activities to prevent a violation of Arkansas Water Quality Standards and to protect the designations listed above.

Response: Again, NO in-stream activities were performed.

3. The amount (cubic yards or tons) of material (sand, gravel, etc.) that was removed from the Strawberry River and the immediate surrounding areas.

Response: Again, No materials were removed from the river. With respect to the surrounding areas, if 100’ from the river is a reasonable definition, we have no idea how much material was moved, we can only tell you that it was moved up onto the field area from which the flood had eroded it.

4. The person(s) responsible for mining/excavating and hauling this material. Response: Donnie Bookout

5. The location(s) where this material was used. Response: The material in question was relocated to the immediate embankment, as well as certain low areas in the field which had ponded during flooding and created

rivulets flowing into the river. Some material was also used to stabilize the base of the driveway into the property, as well as to for the water flow diverters required under our contract with the Department of Forestry. Approximately 10% of the material was traded to Mr. Bookout in return for his earthwork. Other than that 90% of the material remained upon the property.

6. The exact location(s) where any additional mining activities are occurring on properties owned by you or under your control.

Response: To reiterate, NO mining operations are occurring upon this property or any other property we own. Minor earthmoving has been performed well away from the river to establish two ponds for wildlife, in accordance with our contract with the Department of forestry. To summarize, no mining has occurred on this property. The earthwork which you reference took place between August 2011 and May 2012. This property floods moderately every couple of years, and severely (that is, waist deep in the hay field) around every five years. The gravel bars assumed by your inspector/photographer are a direct result of this flooding, and attempts to mitigate the damage. I will be happy to meet with you or one of your staff to walk through the property and be sure that he/she has a proper understanding of what happens to the property during flooding. I also have personal photographs, as well as aerials from the Department of Forestry, of the river and property well before any earthwork took place there, which should demonstrate that the topography of the property has not been changed. In many cases in the photographs you sent as examples already show overgrowth of the areas in question. Please let me know if I can be of further assistance in resolving this matter. Sincerely, Jess R. Wilson Phone #818-370-8938 E-mail [email protected]

february 25, 2013 horseshoe bend, ar 72512 · 2019-12-31 · horseshoe bend, ar 72512 re: complaint...

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