Commissioners Approve Notice of Violation
Area addressed includes ‘The Cutoff’
Henderson County Commissioners Court approved a Notice of Violation to be sent to Phillip Surls and Iron River Ranch Tuesday for actions prohibited by the County's Floodplain Ordinance.
The Floodplain Ordinance ensures Henderson County is in compliance with Federal Emergency Management Agency (FEMA) floodplain regulations, which impact flood insurance rates throughout the county.
The Notice of Violation addresses activity along the Trinity River in the area locally called "The Cutoff," which has historically provided public access to the river for hunting and fishing.
Surls did obtain a permit in February 2022 to rebuild fencing at the location and some other repairs, but the work conducted went beyond what was allowed by the permit. That work included earthmoving, filling in where there was water, and installing culverts.
Henderson County Floodplain Administrator Joy Kimbrough said FEMA used the word "substantive" to describe the violations.
County Attorney Clint Davis told Commissioners Court the County was following guidance from FEMA regarding the issue.
"It was their advice that we find Mr. Surls ... in violation of the Floodplain Ordinance," he said. "Honestly, I don't think there's any question he is in violation."
How The Cutoff gets fixed is less clear because of all the local, state, and federal agencies now involved. Davis told Commissioners the Army Corps of Engineers has issued Surls a cease and desist order from doing any more work.
"This is complicated because so many agencies are now involved," he said.
"We're going to have to work in a coordinated effort and a coordinated response with all of these other agencies that may be involved to see what the appropriate remedy will end up being on this," Davis said.
The first step for the County, however, was approving the Notice of Violation, said County Judge Wade McKinney.
"That is following the direction and recommendation of FEMA," he said.
Work began around 6th of February. The permit was issued February 16th. Google earth will show how the area looked on Feb 6th