(Entries in red are documents submitted by BRWA)
C&H Closure Agreement with State of Arkansas, June 13, 2019
On August 5, 2019, The Department of Finance and Administration confirmed that funding of the C&H escrow account has been finalized. This established a 180-day deadline for final closure of C&H, by February 8, 2020.
Project Manual and Specifications detailing the procedures for emptying the ponds and disposing of wastes. C&H -specific information begins on page 139. Prepared by Harbor Environmental to be used by contractors to prepare bids. The low bid was accepted from Denali Water Solutions for $749,019.16 on Dec. 11, 2019. Work began on Jan. 15, 2020 and must be completed within 90 days.
Photographic Summary of Harbor Environmental's closure report. May 2020. Part 1 and Part 2.
Certification of Substantial Completion of Closure, July 27, 2020
Certificate of Final Completion , September 15, 2020
On October 19, 2018 C&H responded that their consultants would be addressing the stated deficiencies.
C&H 2018 Annual Report showing 2,484,582 gallons of waste was spread, with 639,000 gallons applied to Field 7 alone. 585,000 gallons was transferred to EC Farms.
“COOPERATIVE FEDERALISM: STATE PERSPECTIVES ON EPA REGULATORY ACTIONS AND THE ROLE OF STATES AS CO-REGULATORS”, March 9, 2016
Congressional testimony of ADEQ Director Becky Keogh, applauding reversal of the Obama-era WOTUS rule. September 18, 2019
ADEQ 303(d) Information page. Scroll down to see public comments.
NPS Letter To ADEQ Recommending Big Creek Be Added to 303(d) list of "impaired waters". October 6, 2015.
NPS Letters To ADEQ Feb. 25 and March 10, 2016, following up on earlier letter.
NPS Letter analyzing BCRET E. coli data and recommending impaired status for Big Creek, March 25, 2016.
EPA letter of response to ADEQ's Draft 2016 303(d) list of impaired streams. This response is critical of numerous conclusions by ADEQ. March 16, 2016
Agenda for Joint Agriculture and Economic Development legislative committee meeting on 303(d) List, March 29, 2016
BRWA and Coalition comments before Joint Committee, March 29, 2015. This letter was also sent with attachments to various EPA officials and Governor Hutchinson's office. The handouts referred to may be found in the public comments on the ADEQ site at top.
Teresa Turk's comments to the Arkansas Pollution Control and Ecology Commission meeting, April 29, 2016. BRWA comments to ADEQ on 2018 Assessment Methodology for determining impairment of Arkansas streams, October 30, 2016 Ozark River Stewards comments on Assessment Methodology, supported and referenced by BRWA. October 31, 2016
ADEQ Letter inviting BRWA to participate in 2018 AM Stakeholder Workgroup meetings. November 9, 2016
BRWA Comments to ADEQ , June 2, 2017, regarding draft renewal of an NPDES permit for a wastewater treatment plant for the Marble Falls Sewer Improvement District. This sewer plant on Mill Creek has been cited for multiple violations and has resulted in warnings being posted downstream at a popular Buffalo River swimming hole due to unacceptable E. coli levels. Mill Creek has been included on the 303(d) List for that reason.
White River Waterkeeper comments on the Marble Falls Sewer Plant permit renewal, June 2, 2017.
National Park Service comments on Marble Falls Sewer Plant permit renewal, June 2, 2017.
THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION'S RESPONSE TO NOTICE OF APPEAL , March 23, 2017
Circuit Court Judge Putnam issues Order in EC Farms appeal, January 8, 2018
ADEQ Motion To Reconsider, filed in response to Judge Putnam's decision, filed January 25, 2018
EC Motion To Dismiss due to late filing of Notice of Appeal, July 6, 2018
Appelants Response to Motion to Dismiss
EC Farms Reply to Response, July 10, 2018
Court Order dismissing case, August 22, 2018
C&H 2017 Annual Report, showing 687,000 gallons of waste was "transferred to another person", that being EC Farms, January 25, 2018
EC Farms 2017 Annual Report, May 15, 2018
WATER RESOURCES MANAGEMENT PLAN BUFFALO NATIONAL RIVER ARKANSAS David N. Mott, Jessica Laurans February 2004
Find Buffalo River Watershed information at Arkansaswater.org.
Base Flow, Water Quality, and Streamflow Gain and Loss of the Buffalo River, Arkansas, and Selected Tributaries, July and August 2003
The role of organic matter in the fate and transport of antibiotic resistance, metals, and nutrients in the karst of Northwest Arkansas draft doctoral dissertation of Victor Roland, University of Arkansas, 2016.
Aquatic Invertebrate Monitoring at Buffalo National River 2005-2011 Status Report
BNR Fisheries Management Plan, 1995
Smallmouth Bass and Ozark Bass in the BNR, 1989
BNR Ecosystems, April 1, 1975 - March 31, 1975
Fish Community Monitoring at Buffalo National River: 2006 – 2007 Status Report
Protocol for Monitoring Aquatic Invertebrates at Ozark National Scenic Riverways, Missouri, and Buffalo National River, Arkansas, 2007
Methods for Monitoring Fish Communities of Buffalo National River and Ozark National Scenic Riverways in the Ozark Plateaus of Arkansas and Missouri : Version 1.0. USGS/NPS 2007.
PERIPHYTON COMMUNITIES IN STREAMS OF THE OZARK PLATEAUS AND THEIR RELATIONS TO SELECTED ENVIRONMENTAL FACTORS. USGS, 1993-1995
WHITE RIVER WATERKEEPER DOCUMENTS
White River Waterkeeper Website
Press Release and Review of Arkansas Water Quality from 2008 to 2016 by White River Waterkeeper, Jessie Green, disputing Gov. Hutchinson's press release that 76% of Arkansas streams had improved since 2008. July 24, 2017
Defendant's Proposed Response To Plaintiff's Memorandum Of Law Regarding The Scope Of Injunctive Relief filed 11/7/2014
Plaintiff's Motion For Leave To Respond To Defendant's Supplemental Briefing On The Scope Of Injunctive Relief filed 11/12/2014
Plaintiff's Proposed Response To Defendant's Supplemental Briefing On The Scope Of Injunctive Relief, filed 11/12/2014
COURT ORDER, filed 12/2/2014. U.S. District Court Judge D.P. Marshall's written opinion and order for injunctive relief. The Court finds that FSA and SBA violated provisions of the National Environmental Policies Act (NEPA) and the Endangered Species Act (ESA) and that they "arbitrarily and capriciously guaranteed the loans" to C&H Hog Farms.The court requires the agencies to re-do their "cursory and flawed" Environmental Assessment of C&H within one year. Read this document for a clear overview and explanation of the issue.
Order filed 12/2/2014
Judgement filed 12/2/2104
Notice of Appeal filed 1/30/2015 by Defendants
Withdrawal of Appeal filed April 22, 2015 by Defendants
Press Release on Withdrawal of Appeal
Defendants request a 90-day extension, until March 1, 2016, to comply with court order for a new EA. The extension is requested due to the "unexpectedly large volume of public comments on the draft EA". 1,858 public comments were submitted. Filed Sept. 25, 2015.
Declaration of Matthew Ponish, FSA, in support of 90-day extension.
Draft Biological Assessment prepared to comply with the Endangered Species Act. October, 2015
Defendants Motion To Dissolve Injunction, March 2, 2016
University of Arkansas Big Creek Research Team 21st Quarterly Report Oct 1- Dec 31, 2018
University of Arkansas Big Creek Research Team 21st Quarterly Report Jan 1 - March 31, 2019
University of Arkansas Big Creek Research Team 23rd Quarterly Report April 1 - June 30, 2019 (last quarter report)
Final Report of BCRET, covering 5 years of research. October 24, 2019
Chapter 7 of the Final report, "Nutrient Loads in Big Creek Upstream and Downstream from C&H". This chapter apparently contains errors leading to erroneous results, shown on pages 28-31. On December 18, 2019 this chapter was removed from the BCRET website for correction of numerous mathematical errors.
Expert Review of the BCRET Draft Final Report, including BCRET responses.
Rebuttal to above article by David Peterson, Ph. D. Mathematics
BRWA FILES INJUNCTION seeking hearing on investigative drilling at C&H. August 24, 2016
BRWA Files Motion To Dismiss Injunction following settlement agreement with ADEQ, Sept. 2, 2016.
BRWA Press Release regarding settlement agreement with ADEQ and dismissal of injunction, Sept. 2, 2016.
ADEQ issues Notice of Technical Deficiency to C&H over its refusal to allow investigative drilling to proceed. C&H is required to carry out the drilling itself or risk denial of it's application for a Regulation 5 Permit, #5264-W. Sept. 2, 2016.
ADEQ letter to C&H acknowledging their agreement to allow drilling to proceed at state's expense with a projected drilling date of 9/19/16. Sept 7, 2016
BRWA letter to ADEQ from Attorney Richard Mays reiterating request for multiple bore holes and referencing 2014 Expert Review Panel recommendations re: pond leakage. Sept. 6, 2016
ADEQ letter in response to above letter from BRWA, Sept. 22, 2016
BRWA and Coalition ask EPA to be present during investigative drilling. Sept. 12, 2016.
ADEQ Press Release announcing completion of drilling. Sept. 29, 2016
Harbor Environmental final Drilling Study Report, released on December 1, 2016
BRWA questions on Harbor Drilling Study Report, December 15, 2016
BRWA Press Release on Drilling Report, December 16, 2016
"Water and Fire", The Wilson Quarterly, Summer, 2019. Published by The Wilson Center about the Buffalo National River and the C&H controversy.