The Illegal? Dirt Pit by Heritage Farms/Bobby Morris: An Environmental Perspective

1. Introduction

• This matter I will admit is personal. I am the daughter in-law of the man who sold what used to be a beautiful forrest behind my home. When we moved to our property on the top of the mountain of Greenburrow Road, I thought we had found our forever home. Our father-in-law sold the acreage behind her house tune out of Tanner from Chicago who is a banker named bobby morris. My husband actually worked for him for the first couple years and we were under the impression that he would raise cattle and build a hunting cabin and that the force would stay intact as he promised. This turned out to be a lie. It became clear that he intended to clear cut the forest and mine the mountain out. When I found out about it of course fired my husband and built to large fence. So yes, this is personal to me and is much as I try to keep my emotions under check it pains me every day to look at the top of my mountain and see the destruction that is happened to the beautiful Ozark natural Forest.

• Bobby Morris is a merchant banker out of Chicago who moved in this area fairly recently. He's obviously very wealthy and has ties to a lot of the government organizations and has plenty of money and plenty of lawyers to fight his neighborhood. He has no regard for the beauty of our natural resources around here or the landscape that he is decimated. He has no care for the children or animals that live around him or the hardships that we have had to endure because of his activities.

  
  

2. The Background of Heritage Farms

• Heritage farms was initially described to us as being kept for hunting and he was going to build his cabin on it he would raise animals including cattle horses goats etc. And use it as a farming outfit. This was all a lie no matter what he says today no matter what he says his intentions are today is very obvious that this was all a lie.

• Over the course in the past 10 years he did have cattle for which she had handlers that would chase them around and four wheelers and trucks and not do very good job as far as I'm concerned for taking care of his animals. He told me that he wanted to get a horse so that his grandchildren could learn how to ride horses so I helped him locate a four-year-old Arabian horse which I named Winston who was unbroken and was a good price. Winston to ride all natural with no whips no saddles no force just with love and I spoiled him to death every day trying to get him ready for Bobby's children to ride. At this time he had been Cleveland as his son-in-law who he put in charge of taking care of a lot of things. I Cleveland that under no circumstances should you ever put metal objects or metal sheeting inside of the horses pasture as horses have a tendency to always hurt themselves on some thing if they can. This advice was ignored and they did what they wanted to do anyways and Winston ended up tearing his whole front tendon on his leg to the point where I had to rush him into the vet and get special treatment and would probably put Winston out of the ability to be rideable at any point as life. When this occurred I got angry and let them know about the situation they then moved the animal out of my view site and barred me from being anywhere near their farm. After this occurred I heard stories that Winston was skin and bones not being taken care of when they moved him out of my view site, naturally called animal control. They did nothing to help Winston and I have no idea whether Winston is alive or not. He also had several goats. They to come and live at my house, along with a German Shepherd until they came and took her back. It became very obvious to me that the way they treating animals over at Heritage Farm was abusive and that's why the animals were either removed from my view site so I can't see this or they escaped to my own home. Who knows how many animals have died under their care not to mention the species within the caves and bats and that property that are supposedly endangered.

  
  

3. Understanding the Illegal Dirt Pit

• During the first couple years of Heritage Farms they did do several core samples that showed that the red dirt was not a very profitable way to go as there was only a couple feet of it before they hit limestone. Their present permit only last for two teirs of mining, although it is clear and in the recent week that they have ramped up those operations to four tiers and have disgraced Tom Terminella to move all his equipment from his closed dirt pit off of Harmon to the operation Bobby has here.

• Overview of the activities conducted in the pit and their implications have shown since 2019 that the neighborhood quality of life has dramatically decreased. Following are some of the issues:

  • Our dirt road, which includes 45 degree inclines and several 90 degree turns on a unkept country dirt road that is some spots are only about 18 feet across is constantly pitted, filled with clouds of dust, making sight of view dangerous and sometimes untenable to drive in.

  • Several animals that have lived their whole life in this neighborhood have been tragically killed and left on the side of the road for their owners to search and find them.

  • It is a common occurence to almost get into car accidents with the hundreds of trucks trekking this tiny dirt roads as they hog they whole road, drive in excess speeds and turn into 90 degree turns at full speed. I have personally been in many would be accidents along with my children and neighbor children who enjoy country living by riding horses or 4 wheelers.

  • The dust that is created leaves a fog over our neighborhood giving our children and ourselves breathing problems.

  • The displacement of the wildlife has been far more noticeable then what you would think. Are there endangered species, such as a type of bat? I haven't been able to certify that info yet, hope to find out.

    
    

4. Environmental Impacts

• Examination of the potential harm to local ecosystems. Animals have been displaced to surrounding property, increasing animal road homicides and dangerous animal activitty, including bears and coyotes.

• The effect on soil quality and biodiversity in the area.

• Analysis of water contamination risks associated with the pit. Bobby has built 5 wells on the property. At least two of these wells have been blasted past the spring watershelf, past to sulfer water shelf, contaminating the fresh spring water shelf in the area. This has been verified by Bobby's own staff. According toe ADEQ and the Arkansas Water Well Construction Rules (https://www.sos.arkansas.gov/uploads/rulesRegs/Arkansas%20Register/2006/feb-2006/096.00.06-001.pdf) this is against Arkansas state law.

• The sounds of industrial activity is constant, the noise level is disturbing and destroys the quality of life for every resident.

  
  

5. Community Response

• Local news stories:

  • Jan 23, 2019: https://www.arkansasonline.com/news/2019/jan/23/washington-county-board-to-hear-dirt-mi/

  • Feb 7, 2019: https://www.nwahomepage.com/news/residents-say-quiet-countryside-neighborhood-ruined-by-red-dirt-mine-2/

  • March 22, 2019: https://www.4029tv.com/article/fayetteville-red-dirt-mine-proposal-to-be-heard-again-in-april/26902296

  • Dec. 2, 2019: https://uatvnews.com/2019/12/02/capitalism-and-community-clash-in-dirt-pit-debate/

  • Dec. 2018: This is an interesting article because it's behind a paywall but it outlines Bobby's original plans for a 4 phase dirt pit, which he was denied and so is doing it ANYWAYS but through lying to get4 a general use permit! https://www.nwaonline.com/news/2018/dec/07/washington-county-planners-delay-hearin/

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• The impact of the dirt pit on community trust in local agricultural practices.

• Community-led initiatives aimed at raising awareness.

  
  

6. Legal and Regulatory Concerns

• The Permit Issued by ADEQ to Heritage is under Act 827 of 1991

• Discussion on the enforcement (or lack thereof) related to illegal operations.

• Part V of the Standard Permit Conditions pursuant to Permit 002-MN-AG2-028 requires a yearly report including information on the number of affected acres that are on the site and number of tons of material mined in previous 12 months, where are these reports?

• Heritage Farms is working under a General Use Mining Permit that doesn't allow for mining over 20 acres, last time on Google Maps they were at 17.67 acres, I'm sure it has/will increase with Terminella being involved.

  

  GOOGLE MAPS

  
  

7. The Role of Advocacy

• The importance of advocacy in addressing illegal mining practices.

• Examples of successful environmental campaigns against illegal activities.

• Suggestions for how individuals can advocate for environmental protection.

  
  

8. The Path Forward

• Fight this in Quorum Court on Thursday Aug. 21st, 2025!

• Closing the loopholes between the County, State and City communications with ADEQ/State so that permits are not issued to denied planning/zoning/permitting.

• Contact every state agency and state representative to enlist their help in illegal mining in our Ozark Forests.

• Importance of community involvement in environmental stewardship.

  
  

10. Final Thoughts

• Invitation for feedback and discussion on the topic.

• Encouragement for readers to share their experiences and insights regarding illegal mining practices.

What are you doing

TIMELINE:

February 2019	Denial by Planning Commission
Thursday March 21,2019	Denial of Mining Permit-Quorum Court	Link to Minutes
April 18, 2019	Denial of Mining Permit by Quorum	Link to Minutes
May 28, 2015. Case#CV-21-282	So there was an ADEQ case, but in regards to a secondary Viney Grove pit which has since closed, not linked to present Draper Rd/Greenburrrow Rd. Pit	Link to Case
May 30, 2019 No. 0002-MN-AG2-029	Issuance of Permit under requirements of Act 827(1991) ending 1/14/24	Link to Permit
No. 0002-MN-AG-2-029	Continued ADEQ General Use Mining Pit not on website yet. Supposedly approved until 2029	No Link available, verified over phone with Trinity at ADEQ