Washington County officials offer plan to fix dirt mine

FAYETTEVILLE -- Washington County is proposing to enlarge the storm water detention basin for a dirt mine to bring the county operation into compliance with state environmental regulations.

The county submitted plans to the Arkansas Department of Environmental Quality on Nov. 20.

The work would increase the size of the detention basin to allow it to handle the runoff expected from a 100-year flood event. The county would install silt fences, maintain vegetation and do other erosion control measures on the property near Winslow.

Environmental Quality inspectors visited the mine Aug. 24 and noted several violations. The inspection report said the pond is in need of maintenance, a culvert allows storm water to bypass the pond into a nearby stream and runoff from material stockpiled isn't fully routed to the pond, allowing it to enter the stream.

The report said construction of a dam downstream wasn't approved by the state and isn't authorized by the current permit. The dam is restricting flow of the stream and there is elevated turbidity and evidence of grading within the stream, including red clay sediment downstream of the site and the dam.

Any storm water runoff from the site would flow into the West Fork of the White River and eventually to Beaver Lake.

The county said in a letter to the agency "seepage through earthen dams is normal," but the county would monitor any discharge from the dam to ensure its stability.

County Attorney Brian Lester said if the state agency approves the proposal, the work could begin by Friday and be completed by Jan. 16. Lester said the work will be done by the Road Department, and he had no estimate of the cost to the county.

County Judge Joseph Wood acknowledged the county has done work at the site without obtaining a permit from Environmental Quality. Wood said the county has hired Garver Engineering to develop plans to remedy problems identified by the state agency. The dirt mine project began in 2016, before Wood was elected county judge. He has been in office since January 2017.

Questions about the dirt mining operation were raised at Quorum Court meetings in September when several justices of the peace asked about the dam and other work being done.

The justices of the peace delayed action on the Road Department budget at the Nov. 11 meeting when the dirt pit operation came up for discussion.

Ann Harbison, justice of the peace for District 14, which includes much of southern Washington County, is chairwoman of the Finance and Budget Committee. Harbison has said there is only one budget meeting scheduled in December and the county is required by state law to approve the budget by the end of the year.

Wood gave the justices of the peace a brief history at the Quorum Court's Nov. 19 meeting of an ordinance authorizing the operation in 2016 and a pair of contracts for the operation all of which, he said, are on file and public record in the County Clerk's Office.

The state may fine Washington County over the violations, he said.

The county has spent about $300,000 in construction and operating costs on the project since 2017, Wood said. The operation has provided dirt for road construction used by the county, he said, pointing to the Wallin Mountain Road project. Dirt hauled from the Winslow site for the project cost the county about $24,000 and buying from another source could have cost up to $221,000, he said.

Justices of the peace at earlier meetings asked if any county employee has benefited from the project and if any employee has been fired with regard to the dirt pit. Some said they had heard from employees on both those issues. Wood said there is no credible evidence to support those claims.

Some justices of the peace said they still have questions about the mine despite Wood's briefing.

Eva Madison, justice of the peace for District 9 in Fayetteville, said she wasn't satisfied with Wood's report and she wanted to have a public discussion of the issues raised by the justices of the peace. No discussion of the report was allowed by Wood at the Nov. 19 meeting after Justice of the Peace Lisa Ecke made a procedural objection to any discussion since it was not on the agenda.

Madison sent an email to Wood on Nov. 20 with a list of questions about the mine, about other dirt mines in the county and about Road Department employees. She asked about a gate installed at the mine, what happened to the dirt removed for the dam construction and whether it is true the U.S. Army Corps of Engineers told the county to remove culverts from the dam area.

Sue Madison, justice of the peace for District 12 in Fayetteville, submitted questions to Wood in September and said she remained unsatisfied by his response. She said she would also like to have a public discussion of the mine operation.

"I think they've written me off," she said.

Patrick Deakins, justice of the peace for District 5 in northeastern Washington County, sent a list of questions about the dirt mine to Wood earlier and Deakins said the report at the Nov. 19 meeting answered most of his questions.

Deakins voted to delay approval of the Road Department budget for 2021. He said he now favors approval of the budget.

"He gave us some figures last night and assured us this is a good deal for the county," Deakins said Nov. 20. "I trust that."

Butch Pond, justice of the peace for District 15, which includes much of eastern Washington County, said the county has made mistakes in the operation, but he's confident the state agency will make sure the county brings the dirt mine into compliance.

"The ADEQ, they're not going to allow that issue to become critical," Pond said. "I raised hogs for 18 years. I've dealt with the ADEQ. I guarantee you they are going to do their job."