To elected officials and directors of departments of the State of Arkansas

396

Government officials, please consider this an opportunity to gain “additional” trust and support of the citizens of Arkansas. This support can be acquired by demonstrating that you will protect the environment and other issues that affect the citizens of Arkansas and their property by immediately enforcing Arkansas laws, and hold accountable and penalize any who intentionally ignore Arkansas laws.  

This is concerning an open-cut mining operation, possible blasting at this operation, and protection of the environment.

This is being sent to various Arkansas Agencies with Facts and Questions concerning an open-cut mining operation in Carroll County, Arkansas, associated with the Nimbus Wind Farm Project.

Within the past two weeks I sent an inquiry concerning an open-cut mining operation located off of Arkansas Highway 103 South of Green Forest, Arkansas.

The quarry is located on Carroll County Road 907 and is not a small operation. What appears to be the mining site can be observed from a ridgeline road, Carroll County Road 905, which overlooks the valley below where what appears to be an open-cut mining site one mile or more below.  

My initial inquiry was, does the open-cut mining operation have all required permits? As of yet, no reply. If permitted there were no visible permits posted.

This quarry has been operated in the recent past for other purposes, and, as I have been informed, not furnishing materials for this or any local project(s).     

I personally drove to the quarry located on Carroll County Road 907 and observed many 18-wheeler dump trucks entering and departing and hauling to various sites on CR 905 for the Nimbus Wind Fram Project. The quarry had a rock crusher and screening equipment, no posted permits and no visual silt protection for runoff. This quarry is situated uphill from two streams and another close by. All three feed Osage Creek that flows into Table Rock Lake.

The definition of open-cut mining, published in Rule 15 by the Arkansas Pollution Control and Ecology Commission, means the surface extraction of clay, bauxite, sand, gravel, soil, shale or other materials for commercial purposes.

By this definition doesn’t this project meet the criteria of an open-cut mining operation?

The material being extracted is, as can be observed, for various construction projects of the Nimbus Wind Farm.

Rule 15 defines “affected land” as the area of land where open-cut mining has been or is taking place or upon which spoil has been deposited, or any other surface disturbance including haul roads, processing and loading facilities, or appurtenances related to the Mining Operation on or after July 1,1977 until the land has been reclaimed.

The open-cut site can be viewed looking south from CR 905 approximately one mile from the intersection of Arkansas Hwy. 103 and CR 905. It appears to be a large operations area being quarried. Deposits of material can be seen from the CR 905 ridge road.

Haul roads, as it appears, include a private drive from the open-cut mining site to Arkansas Highway 103 South of Green Forest, with material being hauled north on Arkansas Highway 103 entering CR 905 to the east and proceeding on Carroll County Road 905 to various sites to be disbursed. Processing and loading facilities can also be seen from CR 905 to the site below.   

Concerning, which by definition from Rule 15, “commercial purposes” means the sale of materials from an open-cut mine as either a cash transaction, part of a contractual agreement involving payment for materials provided, or use in another process to create a product with value.

The appearance of the purpose of the materials, at this time, is for the Nimbus Wind Farm Project on CR 905. Haul trucks transporting crushed rock from the quarry area to various unloading sites on and near CR 905 have been seen.

Does this quarry have the required permits to operate? If not, why is this quarry allowed to continue operation?

Is the quarry operation affiliated in any manner with the Nimbus Wind Farm, as all loads appear to be transported to Nimbus sites? Hasn’t Nimbus/Scout been found many times to be avoiding oversight?

Why has a Stop Work Order not been issued on the entire project at least until compliance to Arkansas laws have been met?

Are other businesses allowed to operate without state law compliance? 

Is this open-cut mining operation in complete compliance with Arkansas Department of Environmental Quality Requirements concerning the protection to the environment from any runoff that could contaminate nearby streams downhill from the mining operation? Arkansas Department of Labor and Licensing Blasting Law ACA 20-27-1101 thru ACA 20-27-1103 ACA 20-27-1301 thru ACA 20-27-1317

Viewing from CR 905 there appears to be a very large rock quarry. If so, is this open-cut mining operation utilizing explosives to acquire access to rock for commercial purposes for the construction of the Nimbus Wind Farm?

I realize to research the above issues will require time, however, I will appreciate, acknowledgement of receipt of this message from each of the departments by the end of this week and a brief outline of the action to be taken, if any, and an estimated completion date.

Richard Williams, erichardwilliams@erichardwilliamsfarm.org                

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