Our Buffalo
What permit?
By Mike Masterson
Posted: April 9, 2017 at 1:48 a.m.
Many Arkansans have wondered for years how in the world our state's Department of Environmental Quality (wheeze) could have permitted a large hog factory in the sacred Buffalo National River watershed without conducting extensive geologic and engineering studies beforehand.
And how could the agency's own director, the governor, the National Park Service and even agency staff members not have known such a permit was under review?
After reaching out to former agency employees I consider credible, who say they recognize the decision that allowed the controversial C&H Hog Farms to sail through its permitting process, I finally have a fair understanding of how this could have happened.
If their scenario isn't smack on the money, I believe it's far more than a pig in a poke (sorry).
I'm told the original package submitted by C&H in 2012 contained an application for a construction permit, another for an operating permit, and one for a concentrated animal feeding operation (CAFO) permit, all of which are expected for such facilities. In short, the owners acted in full compliance with legal requirements.
A state-mandated construction permit requires such a proposed facility jump through regulatory hoops to ensure it's constructed to specific design standards in a location suitable to the terrain and environment.
Even though C&H submitted all necessary plans and specifications to receive its "permit to construct," unbelievably, I'm told, the department never formally reviewed them because one or more of the senior management staff decided the construction permit portion wouldn't be necessary for this particular massive animal factory in the karst-riddled Buffalo watershed.
Who would make such a highly questionable and troubling decision? It's certainly an answer, were I governor or a member of the state's Pollution Control and Ecology Commission, that I'd insist on knowing.
Forgoing the construction permit ensured there would be no agency reviews of an engineering or geologic nature conducted. From that point on the C&H application became pretty much just another proposed CAFO being reviewed, processed and approved by worker bees. It obviously didn't matter to some in the department that this factory containing some 6,500 swine and endless massive quantities of untreated waste was approved without careful scientific review to begin spreading that waste alongside a major tributary of the Buffalo six miles downstream.
So, valued readers, the potential serious problems that the Department of Environmental Quality never bothered studying were neither demanded nor achieved. Although I'm told state law says it's unlawful to construct such approved facilities without the department first issuing the specific authorization to do so via a construction permit.
As time and events continue to unfold in this shameful saga that could have easily been avoided, perhaps we the people hopefully will discover who apparently made that fateful decision to ignore a construction permit and why. You'd think the Pollution Control and Ecology commissioners would demand some honest answers, wouldn't you?
Meanwhile, on a related note, folks at the National Parks Conservation Association said last week that the Department of Environmental Quality and the governor's office had received more than 14,000 comments as of the final day for public comments on awarding C&H a new permit. And I'm betting that's but a tenth of those who are opposed to issuing another permit in this sacred location of our state, especially when it draws 1.5 million tourists and recreation-seekers a year and the estimated $60 million they spend to support some 960 people who work in related businesses.