Panel denies air-code changes
BY MICHELLE HILLEN
Posted on Saturday, June 28, 2008
URL: http://www.nwanews.com/adg/News/229886/
Saying the request was premature, the Arkansas Pollution Control and Ecology Commission on Friday unanimously rejected a request by environmental groups to change Arkansas’ air code to consider carbon dioxide an “air contaminant.”
“I do think this is putting the cart before the horse,” commission member Scott Henderson, explaining that he believes the governor’s Global Warming Commission should have first crack at determining how carbon dioxide emissions should be regulated.
The commission, established last year, is studying ways state agencies can offset factors that might contribute to climate change.
“I don’t agree with the discussion about waiting for the federal government to do it, but I do think the Global Warming Commission has to do its work,” Henderson said.
The Arkansas Sierra Club, Audubon Arkansas and the Environmental Integrity Project had filed a petition seeking to amend definitions included in Regulations 18 and 26 of the state’s airquality regulations. The proposal called for the definitions in both regulations to eliminate carbon dioxide from a list of emissions not considered air contaminants, including water vapor, oxygen, nitrogen, hydrogen and inert gases.
The petition cited concerns that increased concentrations of carbon dioxide in the atmosphere can lead to higher maximum temperatures, more hot days, higher minimum temperatures, fewer cold days, more intense “precipitation events” and increased risk of drought.
Environmentalists argued their proposal wouldn’t immediately require regulation of carbon dioxide by the Environmental Quality Department. But industry and department officials disagreed.
“We are not opposed to the removal of this exemption.... We realize that global warming is a global problem,” department Director Teresa Marks said. “Our concern is unintended consequences, and the practicality of what we would do if the exemption was removed immediately.”
Marks said existing regulations would require the department to regulate anyone who emits more than 25 tons per year of an “air contaminant.” The department today doesn’t have the technology available to regulate emissions of carbon dioxide, she said.
After more than a half-hour of comments from industry leaders and environmentalists, the commission approved an order supplied by the Arkansas Environmental Federation, an organization that lobbies on behalf of companies on environmental matters.
The order states that the request from the environmental- ists was defective for a number of reasons, including that it failed to include an economic impact statement and an environmental benefit analysis. Such statements are required by state law if the proposed change is more stringent than federal requirements.
Glen Hooks, regional representative of the Sierra Club, said he was surprised by the decision.
“I think what these guys have done is stand up and say we know CO 2 is a pollutant, we know it is a contaminant, but we don’t want to do anything about it,” Hooks said.
“They said it publicly, and I found it amazing.”
He said he and other environmentalists expect to bring forward a new petition that addresses the commissioners’ concerns sooner rather than later.
“We’ll be back,” said Ilan Levin of the Environmental Integrity Project.
The concerns can be addressed in a number of ways, including by increasing the allowable emission threshold from 25 tons per year, Levin said.
Copyright © 2001-2008 Arkansas Democrat-Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com
Sunday, June 29, 2008
Saturday, June 28, 2008
Association for Beaver Lake Environment growing!
From: President@able-ark.org
Sent: Sat 6/28/08 12:51 PM
To: aubreyshepherd@hotmail.com
This is an e-mail from 'Able-Ark.org - Association for Beaver Lake Environment '
Message:
Hello ABLE members,
I wanted to let you know that ABLE hosted a special Town Hall Meeting for Beaver Lake Dock Owners on Monday, June 23, 2008. The purpose of the meeting was to sell ABLE to Beaver Lake property owners, identify/discuss issues affecting and threatening the lake, and to increase ABLE membership. This meeting was very successful! We have signed up many new members, the meeting was standing room only, over 110 people attended!
We also had two guest speakers:
Thad Cheaney from the U.S. Army Corp. of Engineers - discussed dock and shoreline issues.
Nathan Jones, VP of Power Source Solar - discussed solar applications on boat docks.
I have posted the program on the website (www.able-ark.org). Login, click on "Information Library" page, and then click on Town Hall Meetings. You will see the "Dock Owners Meeting". You will need Adobe Acrobat in order to view the program.
Thanks for supporting ABLE!
Doug Timmons
President, ABLE
Sent: Sat 6/28/08 12:51 PM
To: aubreyshepherd@hotmail.com
This is an e-mail from 'Able-Ark.org - Association for Beaver Lake Environment '
Message:
Hello ABLE members,
I wanted to let you know that ABLE hosted a special Town Hall Meeting for Beaver Lake Dock Owners on Monday, June 23, 2008. The purpose of the meeting was to sell ABLE to Beaver Lake property owners, identify/discuss issues affecting and threatening the lake, and to increase ABLE membership. This meeting was very successful! We have signed up many new members, the meeting was standing room only, over 110 people attended!
We also had two guest speakers:
Thad Cheaney from the U.S. Army Corp. of Engineers - discussed dock and shoreline issues.
Nathan Jones, VP of Power Source Solar - discussed solar applications on boat docks.
I have posted the program on the website (www.able-ark.org). Login, click on "Information Library" page, and then click on Town Hall Meetings. You will see the "Dock Owners Meeting". You will need Adobe Acrobat in order to view the program.
Thanks for supporting ABLE!
Doug Timmons
President, ABLE
Sunday, June 22, 2008
Wetland article ignores drawbacks in wetland mitigation projects but provides valuable insight and source of hope for urban wetland protection
Woolsey wetland article in The Morning News
The Woolsey Prairie is adjacent to land where the new wastewater-treatment plant was built. Actually, the plant was built on what might be called the original Woolsey Prairie.
Because the plant destroyed a great many wetland acres, the Corps of Engineers permit required mitigation. There have been many shows on Government channel about the progress of creating the mitigation area over the past couple of years, mostly as a part of shows on progress of construction of the plant itself.
The good news is that the city is "manufacturing" wetland to make up for destruction. That isn't as good as preserving existing wetland exactly as nature made it. However, it is beautiful site.
The bad news is that a plan to allow developers to "purchase" shares in such mitigation land is similar to trading carbon-pollution rights. It means developers can dredge and fill to build on wetland in the city and "mitigate" it by paying for creation of such sites. This is better than nothing. However, it doesn't protect property from flooding downstream from the development. And it allows valuable habitat to be destroyed where it should be kept. It doesn't make stormwater remain where it falls and soak in to keep vegetation healthy and replenish underground aquifers.
That was the first story I ever read by Skip Descant. He appears to be a good reporter.
He wouldn't likely know about World Peace Wetland Prairie or that "keeping the water where it falls" is the contrasting idea that would have had to have been included in the story if his plan was to write a truly multi-source story.
In fact, WPWP is exactly opposite to a manufactured wetland area. It protects habitat and lets water soak in UPSTREAM where it falls. It was saved from development and stands in stark contrast with the Aspen Ridge/Hill Place development site to to its north.
While it has a large population of nonnative species, particularly fescue and Japanese honeysuckle that require constant volunteer effort to remove, it never had its basic seed and root base of native species removed.
Being inside the city and a part of the headwater system of the Town Branch of the West Fork of the White River and thus a significant area that helps protect the Beaver Lake watershed, its soil and plant life (even the invasive nonnative species) are functioning perfectly for stormwater management and protection of water quality.
The already completed Woolsey Prairie serves to catch water NEAR where it falls on the sewage-treatment plant. But adjacent parcels that may be saved as wetland prairie or savannah will be for sale to developers as mitigation for environmentally destruction parcels upstream. That part of the story has been discussed on several Government Channel productions related to the new sewage-treatment plant.
It would be nice to have a map of wetland areas. I frequently offer such information with photos from various parts of the watershed on my blogs and Flickr photo sets. But an overall plan to protect wetland isn't something everyone wants. Such a citywide delineation of wetland areas could prevent developers from buying property that should not be developed on the assumption that they will always get permission to dredge and fill such places simply by buying a share of an already preserved parcel miles away or not even in the same watershed.
Some developers and even some city officials and staff members don't want to acknowledge the existence of more than minimal wetland because public knowledge of the facts of Northwest Arkansas' environment might stifle their desire to build and pave every acre in the city.
More than two years ago, the Fayetteville Natural Heritage Association created a booklet with a list of environmentally sensitive areas in the city that the group deemed worthy of protection. That information has never been used by the city in any way, as far as I can tell. During the June 17, 2008, meeting of the Council of Neighborhoods, Bruce Shackleford's presentation on Woolsey Prairie got his ideas out to a lot of people and excited some of the neighborhood advocates to realize the importance of wetland prairie, exactly what we've been trying to do with our photos on Flickr and on our blogspots for the past year and for more than six years on Aubunique.com and for decades in various newspaper and magazine stories.
Fran Alexander and others persevere, but are only voices in the wildnerness, it seems.
Too many of the most outspoken people in the green, "sustainability" movement mostly focus on compromise positions. The paid environmentalists are all about compromise these days. Compromise mostly leads to learning to lose gracefully.
It takes people such as Fran Alexander with passion to get things done. And Shackleford's passion about the prairie wetland can do more to stir fervor in the fight to do the right thing in Fayetteville than some of us have done in decades. A lot of us old "tree-huggers" will be supporting his educational effort in every way we can.
For photos and more information, please use the following online links.
Hill Place/Aspen Ridge set of photos
Pinnacle Prairie set of photos — west side of World Peace Wetland Prairie
World Peace Wetland Prairie collection of sets of photos
Town Branch watershed set of photos
Tuesday, June 17, 2008
Eight-year-old news report displays past forum decisions at Government Channel
Please click on image to enlarge:
Tuesday, June 3, 2008
Wednesday, May 14, 2008
Tuesday, May 13, 2008
Build Hill Place right or don't build it
The maps based on aerial photos below are reasonably new, and people who live in some houses along the Town Branch of the West Fork of the White River between Eleventh Street and Fifteenth Street who are paying on mortgages on their homes now have to pay for flood insurance.
A close look at the maps reveals that FEMA now acknowledges not only that many buildings in that stretch are either IN or immediately adjacent to the acknowledged flood plain but also that much of the infrastructure for the failed Aspen Ridge site was built in the flood plain between Sixth and Eleventh streets west of South Hill Avenue.
People who have lived in the neighborhood a long time know that the actual floodplain is much wider in places than the FEMA map shows.
While the developers of the Hill Place project are being required to remove a sewer line and blocks much of the flow under the bridge at Eleventh Street, they have not been told to build their proposed traffic bridge higher than the current walkiing bridge. In fact, they are proposing to build the traffic bridge LOWER than the walking bridge built in 2005 or 2006 across the stream. Because federal agencies will barely even look at the plans, the city must make the decision on this further construction in the floodplain.
In 2003 and 2004, the developers claimed that FEMA maps did not show floodplain in the area. Neighbors pointed out that the Town Branch FLOWED OVER much of that land frequently even though the government had not designated it as floodplain and that, not only did the stream flow over the bridge at Eleventh Street but sometimes flowed over the bridge at Fifteenth Street.
Just another example of NIMBIES being ignored in favor of developers and builders who don't care what harm their projects might do as long as they are able to reach the density level required to make a huge profit. People who say "Not in my backyard" in this neighborhood have seen the water there (and some have seen it in their houses or flowing in front of their houses); so they aren't talking about a trivial problem.
The lowest portion of the former wooded wetland at the southeast end of the project must be dug out and structured to pre-Aspen Ridge grade or lower to reapproach the historical flood-prevention capacity of that land.
No further paving should be done southeast of the existing walking bridge and the impervious fill dirt should be removed and water again should be allowed to soak into appropriate organic soil.
Developers claim their right to build as long as their project doesn't send more water off their land than flowed off there before.
They use voodoo mathematics that ignore overflow from the Town Branch and that ignore the nearly 100 percent permeability of the surface of the area before it was cleared and filled with rocky dirt and red clay.
They rely on the fact that water has threatened the downstream homes a little more each year during the decades the University of Arkansas has filled similar land on the campus and covered or dredged absorbent soil on the campus in favor of non-absorbent, non-organic soil and concrete.
Now is the time to begin to require developments to DECREASE downstream flooding, not aggravate it and blame the university for its building practices. Multiple wrong decisions don't add up to a right decision.
A close look at the maps reveals that FEMA now acknowledges not only that many buildings in that stretch are either IN or immediately adjacent to the acknowledged flood plain but also that much of the infrastructure for the failed Aspen Ridge site was built in the flood plain between Sixth and Eleventh streets west of South Hill Avenue.
People who have lived in the neighborhood a long time know that the actual floodplain is much wider in places than the FEMA map shows.
While the developers of the Hill Place project are being required to remove a sewer line and blocks much of the flow under the bridge at Eleventh Street, they have not been told to build their proposed traffic bridge higher than the current walkiing bridge. In fact, they are proposing to build the traffic bridge LOWER than the walking bridge built in 2005 or 2006 across the stream. Because federal agencies will barely even look at the plans, the city must make the decision on this further construction in the floodplain.
In 2003 and 2004, the developers claimed that FEMA maps did not show floodplain in the area. Neighbors pointed out that the Town Branch FLOWED OVER much of that land frequently even though the government had not designated it as floodplain and that, not only did the stream flow over the bridge at Eleventh Street but sometimes flowed over the bridge at Fifteenth Street.
Just another example of NIMBIES being ignored in favor of developers and builders who don't care what harm their projects might do as long as they are able to reach the density level required to make a huge profit. People who say "Not in my backyard" in this neighborhood have seen the water there (and some have seen it in their houses or flowing in front of their houses); so they aren't talking about a trivial problem.
The lowest portion of the former wooded wetland at the southeast end of the project must be dug out and structured to pre-Aspen Ridge grade or lower to reapproach the historical flood-prevention capacity of that land.
No further paving should be done southeast of the existing walking bridge and the impervious fill dirt should be removed and water again should be allowed to soak into appropriate organic soil.
Developers claim their right to build as long as their project doesn't send more water off their land than flowed off there before.
They use voodoo mathematics that ignore overflow from the Town Branch and that ignore the nearly 100 percent permeability of the surface of the area before it was cleared and filled with rocky dirt and red clay.
They rely on the fact that water has threatened the downstream homes a little more each year during the decades the University of Arkansas has filled similar land on the campus and covered or dredged absorbent soil on the campus in favor of non-absorbent, non-organic soil and concrete.
Now is the time to begin to require developments to DECREASE downstream flooding, not aggravate it and blame the university for its building practices. Multiple wrong decisions don't add up to a right decision.
Monday, May 12, 2008
FEMA floodplain map of Aspen Ridge/Hill Place and streets downstream
Please click on image to ENLARGE.
Please click on image to ENLARGE.
Please click on image to ENLARGE.
Monday, May 5, 2008
Fayetteville City Council to visit Town Branch Neighborhood development sites at 4 p.m. today. Everyone welcome. Need tax on topsoil removal
The mayor and members of the Fayetteville City Council are to gather at the failed Aspen Ridge town-house construction site near W. Sixth Street and S. Hill Avenue at 4:30 p.m. today (Monday, May 5, 2008 ) to view the 30-acre parcel from which nearly all the trees and topsoil have been removed. The rich, fertile, stormwater-absorbing, water-purifying soil has been either dredged out and hauled away or buried under tons of less-absorbent rocky soil.
Tuesday at 6 p.m., the council is to evaluate a plan that has been brought forward by Hank Broyles, who sold his share of the Aspen Ridge property to his partner in that venture, Hal Forsyth, soon after it was approved in 2005, but who bought the whole parcel after Forsyth's development ended with hundreds of low-income residents displaced but nothing built on the property.
Slimy, yellow silt-laden muddy water has overflowed from the failed Aspen Ridge site onto the north end of World Peace Wetland Prairie ever since that 30 acres' vegetation was removed and the soil replaced with non-absorbent soil. The Hill Place student apartment plan and the Summit Place plan must manage silt and stormwater properly or both WPWP and the Town Branch will be further damaged.
Broyles' new plan is to sell the property to
Place Properties, limited partnership, which develops and manages apartment complexes for college students in several states. The sale, apparently, is contingent on Broyles' getting the student-apartment plan approved by the council.
Please see
Summit Place, Hill Place maps and photos with first plans for Summit Place that were submitted to the Fayetteville planning department early this year.
Please see
Hill Place/Aspen Ridge plans, maps and photos with concept drawing from January 2008.
Town Branch neighbors are asking that the Summit Place plan be evaluated by the council before the council approves the Hill Place plan. Water from the eastern slope of Summit Place on Rochier Hill will increase erosion and further exacerbate the stormwater problems created by the Aspen Ridge land clearing and now the problem of the Hill Place project. Appian Design Center
Hill Place/Summit Place plan designers is planning both projects. Hank Broyles and John Nock reportedly own the Summit Place property.
The Summit Place project west of the Arkansas and Missouri Railroad is in Ward Four, while the Hill Place project is in Ward One.
As in the case of many adjacent projects, these are separate but the upstream work will have a bearing on the downstream project's success in protecting people further downstream on the Town Branch of the West Fork of the White River from flooding as well as an effect on the quality of water entering Beaver Lake, the water supply for most of Northwest Arkansas.
For details, please call 479-444-6072.
Tuesday at 6 p.m., the council is to evaluate a plan that has been brought forward by Hank Broyles, who sold his share of the Aspen Ridge property to his partner in that venture, Hal Forsyth, soon after it was approved in 2005, but who bought the whole parcel after Forsyth's development ended with hundreds of low-income residents displaced but nothing built on the property.
Slimy, yellow silt-laden muddy water has overflowed from the failed Aspen Ridge site onto the north end of World Peace Wetland Prairie ever since that 30 acres' vegetation was removed and the soil replaced with non-absorbent soil. The Hill Place student apartment plan and the Summit Place plan must manage silt and stormwater properly or both WPWP and the Town Branch will be further damaged.
Broyles' new plan is to sell the property to
Place Properties, limited partnership, which develops and manages apartment complexes for college students in several states. The sale, apparently, is contingent on Broyles' getting the student-apartment plan approved by the council.
Please see
Summit Place, Hill Place maps and photos with first plans for Summit Place that were submitted to the Fayetteville planning department early this year.
Please see
Hill Place/Aspen Ridge plans, maps and photos with concept drawing from January 2008.
Town Branch neighbors are asking that the Summit Place plan be evaluated by the council before the council approves the Hill Place plan. Water from the eastern slope of Summit Place on Rochier Hill will increase erosion and further exacerbate the stormwater problems created by the Aspen Ridge land clearing and now the problem of the Hill Place project. Appian Design Center
Hill Place/Summit Place plan designers is planning both projects. Hank Broyles and John Nock reportedly own the Summit Place property.
The Summit Place project west of the Arkansas and Missouri Railroad is in Ward Four, while the Hill Place project is in Ward One.
As in the case of many adjacent projects, these are separate but the upstream work will have a bearing on the downstream project's success in protecting people further downstream on the Town Branch of the West Fork of the White River from flooding as well as an effect on the quality of water entering Beaver Lake, the water supply for most of Northwest Arkansas.
For details, please call 479-444-6072.
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