Post by Steve King (Admin) on Feb 21, 2009 21:41:48 GMT -6
U.S. investigates roadwork near Current River
By Kim McGuire
ST. LOUIS POST-DISPATCH
01/28/2009
The Army Corps of Engineers is investigating whether Shannon County road crews damaged a creek that feeds the Current River, one of the state's ecological crown jewels.
The incident is just the latest in a string of flaps between Shannon County and landowners over roadwork through some of Missouri's recreational hot spots, including the site of the future Current River State Park and the Ozark National Scenic Riverways.
The most recent conflict concerns roadwork on property in southern Missouri owned by the L-A-D Foundation, the St. Louis-based owner of the Pioneer Forest, the largest private land holding in Missouri.
Foundation staff last week discovered logs, rocks and dirt piled up near the banks of Big Creek in the Roger Pryor Pioneer Backcountry, a 60,000-acre tract of Pioneer Forest land that's been leased to the Missouri Department of Natural Resources and includes about 27 miles of public hiking trails.
"There is a lot of damage in the stream bed. Clearly, there's been a lot of channel moving," said Greg Iffrig, liaison to the foundation's board. "It caught us all by surprise."
Consequently, both L-A-D staff and Ken Midkiff, chairman of the Missouri Clean Water Campaign, lodged complaints with the Corps of Engineers, the U.S. Environmental Protection Agency and the state Department of Natural Resources. RELATED LINKS
Keep up on technical news with our Life & Tech blog
Get more science and tech news
On Tuesday, the corps' Little Rock District confirmed that investigators had visited the site and were looking into "possible violations" of Section 404 of the Clean Water Act. That provision of the benchmark environmental law governs the discharge of dredged or fill material into waters of the United States.
Tony Orchard, the presiding officer for the Shannon County Commissioners, said the county was simply repairing a public road that had been washed out above Big Creek. He did not believe the county was required to obtain an in-stream work permit from the corps before performing the work.
"Some people are just going to get carried away if you move a piece of grass the wrong way," he said.
Late last year, the Missouri Department of Natural Resources very publicly complained when it discovered the county had built a road through a site adjacent to the Current River where the state plans to build a new park. The bulldozed path went down a steep hillside, causing erosion gullies to form and pushing sediment into a pristine stream.
The department's then-director, Doyle Childers, accused the county of trespassing and directed the state Department of Transportation to remove the culvert, which the county quickly replaced, according to letters on file with the natural resources agency.
The department then filed a complaint with the attorney general's office, which is currently reviewing the matter.
"It's moving forward," said Sue Holst, a department spokeswoman when asked this week about the status of the complaint.
Like the road that cuts through the L-A-D property, the road in question at the Current River State Park site is a county road that has been maintained for quite some time, Orchard said.
The county is cooperating with the attorney general's office, Orchard said, and will do the same with the corps or any other agencies looking at their roadwork.
"Look, we're not going to tear up anyone's private property," Orchard said. "But we have a responsibility to maintain our roads, and that's what we're doing."
Orchard explained that many Shannon County residents believe that the new state park north of Eminence, Mo., was "done in secret" and that the state Department of Natural Resources failed to engage them on the planning process.
Part of the residents' general distrust of government stems from establishment of the nearby Ozark National Scenic Riverways in 1972.
When the national park was established, some landowners' property was condemned and others sold their land to the federal government for far less than they thought it was worth.
Since then, the National Park Service and Shannon County commissioners have had disagreements about which entity has jurisdiction over roads through the park.
In 2007, the Park Service closed several river crossings in the park used by all-terrain vehicles and horseback riders to address erosion concerns.
County officials argued that the roads were controlled by them and must remain open. Heavy equipment operators later removed several boulders the Park Service had set up to close the crossings.
Elisa Kunz, an Ozark National Scenic Riverways spokeswoman, said new Park Superintendent Reed Detring was committed to working with Shannon County officials to prevent future disputes.
She said the Park Service was in the process of updating its road and trails plan, which has been at the heart of some of those disputes.
By Kim McGuire
ST. LOUIS POST-DISPATCH
01/28/2009
The Army Corps of Engineers is investigating whether Shannon County road crews damaged a creek that feeds the Current River, one of the state's ecological crown jewels.
The incident is just the latest in a string of flaps between Shannon County and landowners over roadwork through some of Missouri's recreational hot spots, including the site of the future Current River State Park and the Ozark National Scenic Riverways.
The most recent conflict concerns roadwork on property in southern Missouri owned by the L-A-D Foundation, the St. Louis-based owner of the Pioneer Forest, the largest private land holding in Missouri.
Foundation staff last week discovered logs, rocks and dirt piled up near the banks of Big Creek in the Roger Pryor Pioneer Backcountry, a 60,000-acre tract of Pioneer Forest land that's been leased to the Missouri Department of Natural Resources and includes about 27 miles of public hiking trails.
"There is a lot of damage in the stream bed. Clearly, there's been a lot of channel moving," said Greg Iffrig, liaison to the foundation's board. "It caught us all by surprise."
Consequently, both L-A-D staff and Ken Midkiff, chairman of the Missouri Clean Water Campaign, lodged complaints with the Corps of Engineers, the U.S. Environmental Protection Agency and the state Department of Natural Resources. RELATED LINKS
Keep up on technical news with our Life & Tech blog
Get more science and tech news
On Tuesday, the corps' Little Rock District confirmed that investigators had visited the site and were looking into "possible violations" of Section 404 of the Clean Water Act. That provision of the benchmark environmental law governs the discharge of dredged or fill material into waters of the United States.
Tony Orchard, the presiding officer for the Shannon County Commissioners, said the county was simply repairing a public road that had been washed out above Big Creek. He did not believe the county was required to obtain an in-stream work permit from the corps before performing the work.
"Some people are just going to get carried away if you move a piece of grass the wrong way," he said.
Late last year, the Missouri Department of Natural Resources very publicly complained when it discovered the county had built a road through a site adjacent to the Current River where the state plans to build a new park. The bulldozed path went down a steep hillside, causing erosion gullies to form and pushing sediment into a pristine stream.
The department's then-director, Doyle Childers, accused the county of trespassing and directed the state Department of Transportation to remove the culvert, which the county quickly replaced, according to letters on file with the natural resources agency.
The department then filed a complaint with the attorney general's office, which is currently reviewing the matter.
"It's moving forward," said Sue Holst, a department spokeswoman when asked this week about the status of the complaint.
Like the road that cuts through the L-A-D property, the road in question at the Current River State Park site is a county road that has been maintained for quite some time, Orchard said.
The county is cooperating with the attorney general's office, Orchard said, and will do the same with the corps or any other agencies looking at their roadwork.
"Look, we're not going to tear up anyone's private property," Orchard said. "But we have a responsibility to maintain our roads, and that's what we're doing."
Orchard explained that many Shannon County residents believe that the new state park north of Eminence, Mo., was "done in secret" and that the state Department of Natural Resources failed to engage them on the planning process.
Part of the residents' general distrust of government stems from establishment of the nearby Ozark National Scenic Riverways in 1972.
When the national park was established, some landowners' property was condemned and others sold their land to the federal government for far less than they thought it was worth.
Since then, the National Park Service and Shannon County commissioners have had disagreements about which entity has jurisdiction over roads through the park.
In 2007, the Park Service closed several river crossings in the park used by all-terrain vehicles and horseback riders to address erosion concerns.
County officials argued that the roads were controlled by them and must remain open. Heavy equipment operators later removed several boulders the Park Service had set up to close the crossings.
Elisa Kunz, an Ozark National Scenic Riverways spokeswoman, said new Park Superintendent Reed Detring was committed to working with Shannon County officials to prevent future disputes.
She said the Park Service was in the process of updating its road and trails plan, which has been at the heart of some of those disputes.
