ADEQ, Close the loopholes.

I seriously feel that way. Are they bought off? I made a complaint about the air pollution. This is the response I got:

August 19, 2025

Via Email Only to: brandonandmicaela@icloud.com

RE: Complaint Response 

Complaint #: COMPLAINT-03196 - Air Pollution Complaint

To whom it may concern, 

The Department of Energy and Environment, Division of Environmental Quality (DEQ) received a complaint dated August 15, 2025 concerning: Heritage Farms is illegally running a dirt pit, has been for years against the decision of the local Quorum Court and was denied appeal to run this pit. He has destroyed the forrest and is now running 4 phases and has brought in disgraced Tom Terminella after Terminella's pitt was shut down. Our road and mountain are now dealing with 200 trucks a day on a dirt road that is at most 20 feet wide and it's widest with a 45 degree incline and multiple 90 degree turns. My house is the top of the mountain and I have video and photo showing dust clouds all day long as they run hundreds of dump trucks up and down our mountain. He is doing this all illegally and it is dangerous and noisy and we can't go outside and breathe anymore.

I will attach one video, but I have hundreds of photos and videos and dashcam footage showing our dust conditions.

As a result, DEQ investigated and there was no evidence of any non-compliance items. 

This response does not address any information which may be discovered by DEQ at a later date, or information that may already be under consideration by DEQ as a result of previous findings. 

If I can be of any assistance please contact me at jay.ellis@arkansas.gov or (501) 837-2086.

Sincerely,

Jay Ellis

Inspector

So basically the ADEQ was like, well they have a water truck, no problem here.

I today have made a complaint to the ADEQ about the illegally drilled wells that are now contaminating the surround spring water shelf. I can't wait to be told to go screw myself on that one too.

Here is the law regarding well water construction: https://www.sos.arkansas.gov/uploads/rulesRegs/Arkansas%20Register/2006/feb-2006/096.00.06-001.pdf

Willie Leming questions:- Willie how much a load are you paying for the dirt you are hauling from this pit while you are a sitting judge on the Quorum Court?!! I watched Leming's truck go up on Greenburrow and told him he can't do that. He did not care.

What is Razorback dirt pit located at 36-05'32.8"N 94-19'22.3"W

This pit Benny Holsclaw owns is and it farther and better, just recently sold to another one that is not anywhere near houses but is more expensive....

I called the legal department of the ADEQ and talked to the attorney supervisor today and talked about the legal loopholes during appeals processes for permitting mining pits. They said they will call me back.

Terminella has opened phase 3, 20 acres above the permit. They are asking at gate the drivers which load you want, Bobs at $45 or Terminella's for 65

100-200 a day at 16 tons at low a day, 20.8 tons per load(16 yd typical truck times 1.3 to get tons) at 100-200 loads a day...omg

2:32 PM- I received a call back from the legal department at the ADEQ. Basically the state issues permits no matter what local judicial courts have decided. It is a loophole in the system that cannot be closed until the next legislative session in 2027. The only way to stop this is to get the local county prosecutor(Brian Lewis) to file an injunction like he did to Tom Terminella.

Here is an interesting part of the ADEQ OPEN CUT MINING ACT:

(7)(A) The operator shall submit to the department, no later than June 1 of each year of the permit term: (i) A map in a form acceptable to the department showing the location of the affected areas by section, township, range, and county, with other legal description as will identify the affected land during the permit term upon which the operator has completed mining operations; (ii) The extent of completed reclamation as required under ' 15-57-311(b); and (iii) A legend upon the map showing the number of acres of affected land. (B) The annual report shall include the amount of material mined during each twelvemonth period;

Has Heritage Farms filed this yearly report? If so, where's the copy of it?

Ashlon Wasko fort smith office adeq is the geologist responsible for these records.... (479) 289-6825

ashlon.wasko@arkansas.gov

She informed me she would send the yearly report.