Residents get informed and form plans to oppose rock quarry

BERRYVILLE – On July 12, the community meeting room at Carroll Electric Cooperation Corp. sat about 75 people who came to speak their concerns about a proposed rock quarry off the Kings River where Legacy Mining Co./Sixth West has been conducting exploratory drilling. Two chairs stationed prominently at the front of the room sat empty except for placards that said “Arkansas Department of Environmental Quality” and “Legacy Mining Company.” Neither sent representatives to the well-publicized meeting.

Justice of the Peace Marty Johnson, who represents people in the area of Keels Creek and Winona, called the meeting, saying there are widespread concerns in the area that quarrying activities on the site could cause a lot of damage.

Christopher Fischer, who lives near the proposed quarry, gave an overview of the quarry exploratory activities on property purchased by Legacy Mining Company in late 2018. Fischer has been communicating regularly with ADEQ regarding concerns about exploratory drilling activity and road widening that resulted in the company being cited for violating the Clean Water Act (CWA). Fischer and others complained to ADEQ about sediment runoff from road widening and drilling activities that impacted local creeks that drain to the Kings River.

Fischer said that ADEQ earlier stated it would consider sending a representative to the public meeting, but then declined to do so. ADEQ’s failure to show up at the meeting had some people questioning if ADEQ would protect the environment and people’s health from activities at the quarry exploration site.

“Legacy Mining has not initiated any regulatory process at this time with ADEQ, so at this time ADEQ doesn’t have anything to report,” Jacob Harper, public information officer with ADEQ, said. “Legacy has not submitted any Notices of Intent (NOIs) for mining to ADEQ. As soon as we receive something, then that will be something we will be able to use to give information.”

Opponents earlier successfully challenged the adequacy of Legacy Mining’s public notices at the site, and ADEQ said the company must start over with filing the notices for proposed mining activities.

Fischer also expressed disappointment with the short response to ADEQ from Legacy Mining consultant Scott Moore regarding installing storm water controls at the site after the company was cited with violating the Clean Water Act. ADEQ has accepted the company’s response to the CWA violation and closed the case, but Fischer questioned whether the “minimal language to describe storm water controls” was adequate to make that determination without a follow-up inspection.

Some speakers expressed concern about ADEQ’s willingness and ability to protect the environment, especially after the recent $6.2-million conservation easement buyout of the C&H Farm hog factory in Mount Judea on a tributary to the Buffalo National River. That operation, permitted before the public knew about it, caused grave concerns about pollution from the 6,000-head confined animal feeding operation. In announcing the settlement, Gov. Asa Hutchinson said the state had made a mistake giving a permit for the large hog facility in Mount Judea.

The C&H buyout was mentioned by several speakers who said that this created a precedent, and advocated that some way be found to buy out Legacy Mining’s property near the Kings River and put it into permanent conservation.

Fischer detailed a long list of potential negative impacts from a quarry mine at the site including extensive degradation of water quality, loss of groundwater, interruption of groundwater recharge, discharge of pollutants at the surface, destruction of the forest currently on the property, air pollution, loss of property values and negative impacts to the water quality in Keels Creek, Winona Creek and the Kings River.

Fischer said the issue has exposed shortcomings in the state’s mining laws, and that the group may be interested in working to reform state mining laws. Pat Costner, a retired Greenpeace senior scientist who was director of Save the Ozarks, echoed that, saying the issue is fundamentally the same: water quality.

“ADEQ did not act to protect the Buffalo River from the hog farm,” Costner said. “We need to address potential dysfunction at ADEQ and shortcomings in the Arkansas law. Changes need to be made.”

Costner said the Kings River is one of the few remaining free-flowing rivers in the country. It is designated an “Extraordinary Resource Waterbody,” which impacts decisions on alterations and development in the watershed.

“You can’t quarry stone without destroying the ecosystem of the area,” Costner said. “The negative environmental impacts of quarrying stone in karst have been well documented for more than fifty years. Polluted materials can be carried a long distance without being filtered because of the velocity of the underwater streams. There are cascading impacts that can continue well after mining ceases. Some experts have argued persuasively that limestone has more value as a source of water and for its scenic value than being mined.

“Your voice is what is important here,” Costner told the audience. “Fortunately, there is time for you to have an impact because permits have not yet been issued.”

White River Waterkeeper Jessie Green, who works for the Waterkeeper Alliance, formerly worked as a senior ecologist in ADEQ’s water quality division. She said there could be problems with corporate interests holding sway over environmental protection. Green advocated creating a defensible record that includes pictures and water quality testing. She said a half-day workshop is planned soon to teach people how to do water quality testing including documenting after rainfall.

Tim Snell, representing The Nature Conservancy, which owns the 6,000-acre Kings River Preserve neighboring the quarry site, said it is important for people to stay on the issue, and that this could be long term.

“These things are not resolved overnight,” he said. “Stay tuned. There are flaws in the permitting system that need to be addressed.