Gravel Mining

gravel mining is legal with the proper permits, but it is not desirable in an Ozark stream.

Studies conducted on Ozark streams in 1999 have shown that the hole in a stream caused by gravel removal causes the stream to move gravel from upstream into the hole, eroding the bottom and banks of UPSTREAM neighbors.

Gravel mining has negative impacts that affect an entire stream DOWNSTREAM.  As streams try to right themselves from the unnatural removal of gravel by man, they transport more gravel and sediment causing further erosion; they become wider, slower and hotter. Trees that once shaded the water fall in and are swept away.  More area is exposed to the sun causing higher temperatures that increase plant growth, remove oxygen and decrease fish populations  Without tree root structures to hold banks in place and slow water during storm events, water rushes off with enormous force and volume causing flash flooding and more erosion.  It's a cascading effect.

There’s nothing like a visual. Check out these videos that show the harmful effects of gravel mining on streams:

In channel gravel mining and bar pit capture

In stream gravel mining – Part 1

In stream gravel mining – Part 2

We all love the creek. Think twice before you try to improve on mother nature by removing or rearranging gravel on your property.

gravel mining on Double Spring, a major tributary of Spring Creek at Teresita - 2010

In 2010 M5 Enterprises Mining Company, Inc., brought in heavy equipment and began removing gravel at Teresita on Double Spring Creek just before it joins Spring Creek.

Gravel mining and dredging is lawful in Oklahoma with the proper agency permits. In the case of M5 Enterprises, the Department of Mines (DOM) held an Informal Conference on their mining permit in July 2011 at the request of an adjoining landowner and resident. Her key objections were that their permit was filed in the wrong county and that their mining practices were not in compliance with the Corps of Engineers mining guidelines. Their mining practices led to erosion of her property.

As a result the DOM issued a recommendation July 26, 2011, that the following conditions be placed on M5's mining permit: M5 Enterprises shall establish a fifty-foot buffer area inside the permit area, and provide a survey and submit maps of the permit and buffer areas within 30 days of the issuance of this permit.

M5 abandoned their gravel operation shortly thereafter, leaving mounds of gravel behind.

2019 - Request for mining permit transfer to Jerry Halpain

Jerry Halpain who owns a cement company in Tahlequah bought the property at Teresita and has requested the transfer of the 2010 gravel permit. Over 30 people wrote in letters protesting this transfer and this permit. An informal hearing was held on December 13, 2019. A recommendation by the Department of Mines is expected within 90 days.

Spring Creek, BUT NOT Double Spring Creek, is listed as a State High Quality Water.

This means activity on Spring Creek is subject to stricter regulations, under the jurisdiction of the U.S. Army Corps of Engineers (Corps).

In May 2010 the Corps investigated removal of gravel from Spring Creek near the confluence of Snake and Spring Creeks. Their letter to the landowner stated that “it is unlawful under Section 301 of the Clean Water Act to place dredged or fill material into Waters of the United States without prior authorization”, and since no permit was issued, this landowner’s activity was a violation.

Landowners are the eyes and ears of the creek. We all help to ensure the ongoing high water quality of our creek. The Corps is the agency you should contact first for permits or potential violations.