Letter causes troubled water

By LYNN MONTGOMERY | East Texas Edition

Nov. 25, 2004 - The river didn't remain calm at the Sulphur River Basin Authority (SRBA) meeting on Nov. 16 as the water got a little choppy after board members realized their president, Judy Lee, had signed a letter and given preliminary comments, on behalf of the SRBA, regarding a mitigation plan without first discussing it with them.

Board members had two basic issues about the letter. One, that Lee had sent the letter without the board having seen it. The other was the language within the letter.

"We have never at any time discussed the ... mitigation bank," said board member Jim Thompson at the Nov. 16 meeting.

"Why did we not discuss this before you sent the letter?" was asked by board member Mike Kennedy.

Lee's response was the SRBA didn't have a meeting scheduled. She admitted she should have sent the board members a copy of the letter before sending it to the Corps of Engineers. It was also pointed out that a copy of the letter had been sent to some water districts.

The letter was a response to a Public Notice in regards to an application made by brothers Billy and Bobby Lide of Mexia, to create a 1,387-acre mitigation bank in Titus County near Talco. The Hearts Bluff Mitigation Bank (HBMB), according to the letter, would be managed as a natural area in perpetuity and protected from future land modification through deed restriction.

The Lides' Hearts Bluff Ranch near Talco is currently being developed as a nature tourism site that offers bird watching, horseback riding trails, etc.

SRBA Executive Director Mike Burke explained a mitigation bank is an area set aside mainly for wildlife preservation. But, a wildlife preservation is not the case for this land, but rather because of wetlands.

A wetlands mitigation bank is a wetland area that has been restored,

created, enhanced, or (in exceptional circumstances) preserved, which is then set aside to compensate for future conversions of wetlands for develop ment activities. A wetland bank may be created when a government agency, a corporation, or a nonprofit organization undertakes such activities under a formal agreement with a regulatory agency. The value of a bank is deter mined by quantifying the wetland values restored or created in terms of "credits," according to the Environmental Protection Agency.

The letter's primary purpose was "to request an extension of the public comment period," but it was the next part within the letter that got Lee in the hot seat: "But, I am also providing some preliminary comments for the Corps' consideration." (The letter's phrase of "I am providing" that came before the letter's statement of the "Sulphur River Basin Authority has the following preliminary comments" was a key point.)

The U.S. Army Corps of Engineers allows a public comment period for all mitigation applications. Many groups expressed a need to extend the 30-day period to 60, which would have the comment deadline at the end of December. The extension has been granted by the Corps.

Board members stated at the Nov. 16 meeting that the extension request should have been the only reason for the letter, which was signed by Lee and dated Oct. 8.

The letter, according to Lee, was written by the engineering firm. In a twist of events, a very similar letter was signed and sent to the Corps, dated Oct. 7, from the City of Wake Village on behalf of the Wright Patman Regional Water Supply Agency. That letter was signed by President Mike Huddleston, the ex-president of the SRBA.

The preliminary comments were "the use of Nationwide Permit 27 to authorize the HBMB is not appropriate because the project is contrary to the public interest, i.e., the HBMB has the significant potential to impede or block the development of a state and regionally sanctioned water supply project.

"An Environmental Impact Statement should be prepared to evaluate the full range of alternatives to establishing the HBMB. The proposed HBMB is contrary to the public interest because of its potential to impede or block development of a significant state-adopted water supply strategy, i.e., the Marvin Nichols Reservoir project."

The HBMB is within the proposed boundaries of the potential Marvin Nichols Reservoir site.

The letter issued by Lee also stated, "Considerable effort has gone into evaluation water supply alternatives and ultimately in recommending Marvin Nichols Reservoir as a strategic component for meeting water supply needs in North Texas."

The question was also proposed whether the SRBA executives had the authority to send out a letter outlining the board's preliminary comments.

"If they do, there's no need for a board," replied Kennedy.

Thompson said, "I have a real problem telling these people that they can not do this. It's their property to do as they see fit. I can't see where it's our position to tell them they can't do this with their property."

"Are you not in favor of the basinwide study?" Lee asked Thompson, in reference to a Corps study involving water supply options, including Marvin Nichols.

She added that the mitigation bank could hurt that study because it would eliminate a large portion of land that would be available for the possible reservoir.

Thompson's reply was he saw no reason why they couldn't support both the study and the mitigation bank.

Lee responded, "I respectfully disagree with you."

But private property was an issue with the board.

"Private property owners have a great deal of rights," stated board member Mike Russell, who agreed with Thompson.

The board voted to send a retraction letter and will discuss the issue at the Dec. 14 meeting in Mount Pleasant.

Bobby Lide, who was in attendance at the meeting, said the application was made "for the good of the land." He urged people to find out what a mitigation bank is all about.

Hearts Bluff Ranch Manager Phillip Lewallen said the mitigated land would be available for building new projects, such as a highway or business, without going outside the region.

The letter also outraged audience members.

Max Shumake, a long-time opponent to the proposed Marvin Nichols Reservoir, stated the board was all for taking the land for mitigation and building a lake, but when someone comes forth and offers their land for mitigation, they were against that.

"Building a lake" for the benefit of the Dallas-Fort Worth metroplex seems to be the agenda for the SRBA, according to Red River County resident Billie Scoggins Lindsey.

"I've been coming to these meetings for four to five years and can't see any progress this board is making. You should have an interest of the people who live here. I'm not interested in what Dallas needs. I want you to push to clean up our beautiful Sulphur River."