Friday's Thumbs UP in NWAOnline

[THUMBS UP] The recent big news about the Buffalo National River had to do with a hog farm, but people who appreciate being able to look up at night and see something other than the glow of man-made lights also got something to cheer about around the river. The national park recently became the first International Dark Sky Park in Arkansas. The river is situated in a rural part of Arkansas where the glare of electric lights can be avoided, giving star-watchers a chance to enjoy the celestial bodies. The national park spent the last two years getting more than 345 light fixtures into compliance with the international organization's standards. We applaud the effort. Anyone who has ever gotten out of the cities and found a truly dark place to observe the night sky can't help but be astounded at the clarity of the night sky. This is an outstanding step that gives Arkansans yet another reason (and their are already so many) to love the Buffalo National River. We appreciate the National Park Service having the (protected) vision to see the value of protecting the night sky.

BRENDA BLAGG: A forever battle

The state's buyout of a controversial hog farm near the Buffalo National River is an answer to a huge environmental concern.

Defenders of the scenic river, the first in the United States to carry the national river designation, are rightly celebrating the news.

The threat of pollution from this hog farm -- real or perceived -- will theoretically end in 180 days.

At least the farm's operation within the Buffalo's watershed will cease.

Gov. Asa Hutchinson announced last week that the state has reached agreement with owners of C&H Hog Farms to close its large-scale swine operation near Mount Judea in Newton County.

The farm has had 2,500 sows and is allowed to have up to 4,000 piglets at the site near Big Creek, which flows into the Buffalo just 6.6 miles away.

Brothers Richard and Phillip Campbell and their cousin, Jason Henson, started the feeding operation in 2013, after securing the necessary permit from the Arkansas Department of Environmental Quality.

That's when the trouble began.

The farmers did what the state agency required of them to get the permit. The state agency, however, gave what opponents of the hog farm maintain was inadequate notice to the public and to other stakeholders.

Had others known what was happening, the uproar over location of a commercial swine operation near the Buffalo would have happened before the permit was issued.

Instead, it happened afterwards and continues to this day -- complete with long-running regulatory squabbles and litigation.

Those efforts might have eventually shut down the hog farm operation.

The deal struck by Hutchinson and the Department of Arkansas Heritage to buy out the farmers gets in done in 180 days and, importantly, leaves the farmers whole.

Hutchinson, in announcing the deal, emphasized that the farmers got their permit fairly and have operated the hog farm with "the utmost care" from the start.

"They have not done anything wrong, but the state should never have granted that permit for a large-scale hog farm operation in the Buffalo River watershed," he said.

The $6.2 million buyout will cover the remaining balance on a multimillion-dollar loan and compensate the farmers for additional closure-related costs. The farm owners will cut short their contract for sale of pigs and grant the state a conservation easement on the land, limiting its future use.

The $6.2 million will come mostly from the state, but Hutchinson has reached out to The Nature Conservancy for help. Its share won't be more than $1 million and will likely be less.

That initial permit for the hog farm was issued on former Gov. Mike Beebe's watch.

The hog farm operation has since been intensely monitored, as state and federal regulators and others watched for any impact on water quality downstream.

That monitoring should continue as whatever waste from the hog farm (or other sources) makes its way through the karst terrain or in runoff into the creek and river.

Meanwhile, Hutchinson wants to make permanent a temporary ban the state has placed on new medium- and large-scale hog farms in the watershed.

The regulatory change is subject to legislative review, which begs the question: Will a permanent ban happen?

Hutchinson has given his Department of Environmental Quality clear enough direction.

But there are others who want to protect farmers' rights. Most notable is the Arkansas Farm Bureau, a powerful lobby that has stood squarely with the C&H owners in the battle over the hog farm.

A Farm Bureau profile of the families that jointly own C&H describes them as ninth-generation farmers in Newton County. They're like a lot of the farmers the organization serves all over Arkansas and it sounded a little like the Farm Bureau regrets giving up the fight for the families' rights.

"This is a private, and personal, decision by the owners of C&H Hog Farm, which, no doubt, was based on what they felt is best for their future," reads a statement from spokesman Steve Eddington. "Arkansas Farm Bureau's support for the owners of C&H has not wavered, and we wish them success in whatever endeavor they choose to pursue."

He did emphasize that there has been "no credible scientific evidence" that the farm caused harm to the Buffalo River while C&H became "one of the most productive swine producers in the region."

Farm interests have long held sway among many Arkansas lawmakers and regulators for that matter.

Expect that sentiment to continue, should vigilance from environmentalists ever falter.

While the fight for the Buffalo has definitely carried some costly lessons for both sides, the fight to protect the river can't be over.

The battle is forever.

Commentary on 06/19/2019

MIKE MASTERSON: Saving the Buffalo

Our Buffalo National River is finally awakening from her long nightmare thanks to the efforts of Gov. Asa Hutchinson, who announced the other day the state and owners of the controversial C&H Hog Farms reached an agreement to close that factory at Mount Judea come November.

In the deal, C&H receives $6.2 million, paid for by the state and The Nature Conservancy. There really was no other fair way to resolve this legally complex situation that should never have occurred.

Screaming "Alleluia" at the top of my lungs seems inadequate after six years of "breathlessly" writing about the travesty. Many good people, from those at the Buffalo River Watershed Alliance to the Arkansas Canoe Club, the Ozark Society, the Audubon Society and beyond have given their time, energy and resources in hopes this day might arrive.

It's always risky when a columnist names names. Yet I feel compelled to cite some among the many people who have fought the good fight over the years since our state's Department of Environmental Quality (cough) wrongheadedly issued the permit for C&H to begin spreading millions of tons of raw waste across the fragile watershed.

My thanks to all who contributed so much, including Gordon Watkins; Dr. John Van Brahana and his volunteers; Joe Nix; Richard Mays; Bob Cross, Sam Perroni; Teresa Turk; Brian Thompson; Duane Woltjen; Steve Blumreich; Jack Stewart; Marti Olesen; Ginny Masullo; Ellen Corley; Chuck and Carol Bitting; Lin Wellford; Nancy Haller (deceased); Alice Andrews; David Peterson; Emily Jones; Bob Evans; Debbie Doss; Jewell, Larry and Pam Fowler; Patti Kent; Dane Schumacher and Tom Aley.

Many also thank Governor Hutchinson for bringing this environmental nightmare to an end. Again, apologies to anyone missing from this list along with the 20,000-plus Arkansans who wrote the state in support of our river.

The Newton County families that operated C&H always have been honorable, hardworking people who applied for--and were granted--a legitimate state permit to legally operate the factory with 6,500 swine and to regularly leak and spray the resulting waste across some 600 watershed acres. Those spray fields are dotted around and along impaired Big Creek, a major tributary of the now endangered and impaired national river flowing 6.6 miles downstream.

The Henson and Campbell families did everything the state asked of them without violations.

The problem always has rested solely with the Department of Environmental Quality's ineffective environmental "watchdogs" who failed to insist on crucial studies before considering such a permit in this clearly inappropriate watershed. Good grief, even I know this leaky limestone region was never a place for something as polluting as a large hog factory.

Certain agency employees quietly ushered C&H's general permit through the process without their agency's director ever knowing it was a done deal. Does that abysmal method of doing public business smell beyond rancid to anyone else?

There were valid reasons former Gov. Mike Beebe, in an interview as he exited office, called this permit approval on his watch his biggest regret. As of last week, the legacy of Asa Hutchinson will be as the governor who closed this place and moved toward permanently closing this precious region in "God's Country" to future farm factories.

I'm proud of Hutchinson for keeping his word to me one evening as he campaigned for his first term that he would do everything in his power to protect the Buffalo National River.

It's also my understanding the governor personally researched the history and complexities of this matter before arriving at his conclusion to offer the buyout. He genuinely cared about figuring out how best to untangle such a hog-tied mess for the best possible result.

Those who have followed the C&H debacle since 2012 when the permit was issued already know all that has happened since. I'm speaking, for instance, of the excessive phosphorus levels on spray fields repeatedly draining into Big Creek and deep beneath the fractured karst subsurface, especially during major rain events.

That so-called legacy phosphorus will continue to drain downstream for decades to come.

I lost track a couple of years back how many details and developments I've tried to pack into 100 or so columns since 2013 (thanks for the many kind messages). I remained vigilant for one reason only: to do the best I could to keep Arkansans informed of what was happening to our jewel of a stream that a USA Today poll two years ago voted as our state's greatest natural attraction.

Democrat Gazette

Panel advances hog-farm deal $6.2M for buyout endorsed

by Michael R. Wickline

A legislative panel on Tuesday endorsed Gov. Asa Hutchinson's plan to transfer up to $6.2 million in state "rainy-day" funds to the Department of Arkansas Heritage to obtain a conservation easement within the Buffalo National River watershed to shut down a hog farm.

In a voice vote with no audible dissenters, the Legislative Council's Performance Evaluation and Expenditure Review Subcommittee recommended the full council approve the Republican governor's request during the council's meeting on Friday.

The panel also recommended the council approve increasing the department's spending authority by $6.2 million in fiscal 2019, which ends June 30, and in fiscal 2020, which starts the next day, for the purchase of the conservation easement.

Hutchinson on Thursday announced that C&H Hog Farms, the target of years-long environmental concerns, will close its doors later this year under a buyout agreement reached with Hutchinson and Arkansas Heritage.

The large-scale hog farm, which sits within the watershed of the Buffalo National River, will have 180 days from last Thursday to cease operations. After that, the Department of Environmental Quality will begin closing and cleaning up the site. The conservation easement will limit the site's future usage.

State Budget Administrator Jake Bleed told lawmakers on Tuesday that the governor is requesting up to $6.2 million in rainy-day funds because it reflects that "right now we are going to meet our obligations under that contract from a variety of sources, one of which is the private donations through The Nature Conservancy.

"The amount The Nature Conservancy is going to be able to provide, we're still pulling that together," he said.

The Department of Arkansas Heritage also will provide an undetermined amount of money, Bleed said.

The nature of the legislative panel's schedule is such that state officials could have either presented the governor's request on Tuesday or wait until its next meeting in August, "so we decided to go ahead and get up before y'all today," Bleed said. "Our anticipation is that we get all this all nailed down, which will be quite soon, we'll be able to give you a full report and accounting on that."

Afterward, Department of Finance and Administration spokesman Scott Hardin said the rainy-day fund balance is now $16.28 million. The governor typically proposes using rainy-day funds in cases of emergencies or for his priority projects.

Sen. Bruce Maloch, D-Magnolia, asked Bleed whether there were any discussions or attempts to raise private funds from others beyond The Nature Conservancy.

"I do not know that answer to that," Bleed said.

Sen. Jimmy Hickey, R-Texarkana, asked Bleed whether state officials will make a one-time payment or make payments over a few years.

"We will do a one-time transfer once we get the funds together in an escrow account and then that escrow account will be held" until the contract's requirements are met, Bleed said.

"This is an easement on the use of the land. They will still be able to retain title to the land. They will be able to use it for some function, but the easement will restrict use of the land," he said.

Hickey asked whether future buyers or heirs of the property also will be under the contract.

"My understanding is that it's a perpetual easement," Bleed said.

Maloch asked whether "all the expenses related to closure of the lagoon and that type of thing" will be covered by $6.2 million or will the state or other entity have to pay more money on the closure.

Michael Grappe, chief program officer of the Department of Environmental Quality, said he hasn't heard of any potential costs, "but if there is, it will come out of the closure fund."

Sen. Terry Rice, R-Waldron, said he read that up to $1.2 million will be provided from other parties for the purchase of the conservation easement, and wondered, "where is the incentive if we are appropriating this now for the full amount?"

Hutchinson said on Thursday that The Nature Conservancy will not pay more than $1 million toward the buyout and will likely pay closer to $600,000 or so.

Rice asked, "If we changed this appropriation to $5 million, you think it would help him come up with the other $1.2 [million] to get this deal done?

"What my concern is ... this farm is going be shut down. I want to make the people whole. The state of Arkansas did this," Rice said. "I still have concern about the precedent it sets and even in that watershed for other type farms, if this doesn't clean up that river up to the standard that many people think it should be or we might want it to be, what this opens up down the road."

C&H Hog Farms has been in operation since 2013. Its operators faced pushback from environmental groups concerned about the manure ending up in the Buffalo River, the first river in the United States to be designated as a national river.

The facility is located on Big Creek, 6.6 miles from where it flows into the Buffalo.

The creek and river are on the department's proposed list of impaired water bodies because E.coli was detected in them, but no government agency has concluded C&H is responsible for the bacteria's presence.

Metro on 06/19/2019

Hog farm's closure

Governor Hutchinson's announcement Thursday evening of the hog farm closing was most welcome and long overdue.

The Democrat-Gazette can take pride in its contribution to this much-needed change. In particular, the contributions of columnists Richard Mason and Mike Masterson were very important.

PAT HARRELSON

Little Rock

GREG HARTON: Hog farm buyout not final answer on farming concernsby Greg Harton | Today at 1:00 a.m.

The battle to protect the Buffalo National River is far from over.

Gov. Asa Hutchinson delivered a "wow" moment in Little Rock Thursday with his announcement the state and the owners of C&H Hog Farms had agreed to shut down the 6,500-hog operation near Big Creek in Newton County. We taxpayers will provide most of the $6.2 million payment to the owners of the hog farm.

In exchange, they promise to shut down operations within six months. The money will cover the remaining balance on a multimillion loan and provide some compensation to the farmers, who will end their contract with Brazil-based JBS Pork. The land will become state property and will carry a conservation easement, limiting its future use.

The state messed up royally in issuing the initial permit for the hog farm, which has operated since 2013. More recently, the state has ordered the farm to close, citing water quality concerns in the Buffalo River Watershed and insufficient geological investigations of the area's karst terrain.

Prior to Thursday, it was virtually assured that the farm owners, the state and other interested parties were going to spend the next several years in litigation. The family that opened C&H wanted to farm; they didn't get into farming so that they could spend hours upon hours in suits with lawyers in offices and courtrooms.

Hutchinson found what, in my mind, was an almost perfect solution: Make the farmers whole, acknowledge the state's responsibility to do much, much more in protecting the Buffalo and acknowledge its failures in the C&H debacle, and establish a moratorium on such environmentally challenging, large-scale farm operations within the watershed of the Buffalo National River.

Problem solved, right? Well, maybe not so fast.

This hasn't all just been about hogs and the byproduct of feeding them. The Arkansas Farm Bureau has vigorously battled on behalf of the farm operation. It seems the organization saw C&H as a sort of line in the dirt: Was Arkansas going to protect farmers or treat them as the enemy?

Warren Carter, executive vice president of the Farm Bureau, recently wrote in a guest commentary in this paper of the organization's struggle to keep C&H "open and operating." He blamed the challenges faced by C&H on "very vocal folks who don't like where that farm is located and believe if they scream loud and long enough and clutter the conversation with falsehoods, they can make the farm go away."

Jason Henson, one of the owners of C&H, said last week he and his two cousins/partners appreciate supporters who spent time "defending our right to farm."

Those comments provides some indication that the fight over the Buffalo is viewed by farming interests as one of property rights and preserving family farms. That, without question, ought to be a goal the state of Arkansas and the Farm Bureau generally can share.

Carter last month opined that the C&H families followed Arkansas' rules and ought to be left alone. But Hutchinson said last week the state should have never permitted the hog farm in the watershed. Now, Hutchinson says the state should make permanent a now-temporary ban on medium- and large-scale hog farms within the Buffalo River watershed. He's instructed the Department of Environmental Quality to start the rule-making process.

Don't think for a second that means a permanent ban is a shoo-in. It would not be surprising at all that the Farm Bureau might fight such a change.

The state won't be offering million-dollar payouts to other landowners whose future farming options would be limited to some degree by a state ban within the Buffalo River watershed. Will the Farm Bureau sit still for that, or view it as a precedent that ill serves the interests of farming in an agricultural state?

Commentary on 06/16/2019

NWA EDITORIAL: Woo pig, shooieAgreement delivers hope for Buffalo River’s futureby NWA Democrat-Gazette | Today at 1:00 a.m.

We've heard governors speak at conventions often enough to know it's a rare moment when they actually get to deliver headline-making news to the audience.

Gov. Asa Hutchinson is an old pro by now with his talks on the rubber-chicken circuit. But at a gathering of the Arkansas Municipal League the other day, his speech made a bigger splash than one of those boulders that's broken loose from a bluff and crashed violently into the waters of the Buffalo National River. There aren't many things so exhilarating as climbing on top and leaping into the (hopefully) clean, moving waters of the river.

And clean water is at the heart of Hutchinson's news.

The collection of city leaders in the Statehouse Convention Center's ballroom Thursday broke into applause when Hutchinson revealed he'd just signed a $6.2 million deal for the state to acquire the land on which the C & H Hog Farm has operated since 2013. Hutchinson and Stacy Hurst, director of the Department of Arkansas Heritage, joined forces with The Nature Conservancy, a nonprofit group, to find a solution that removes the massive hog operation from the watershed of the Buffalo River but does it in such a way that the farm's owners won't face financial ruin.

Environmentally speaking, this news is welcome alleviation of serious concerns a lot of Arkansans have had ever since the hog operation's quiet state approval was discovered. Locally, we'd liken the reaction to the relief felt when plans for a Fayetteville incinerator to burn trash went down in flames back in the late 1980s or when a waste company's plans in the 1990s to build a landfill on Hobbs Mountain near Durham were scuttled.

It never made sense to put a large hog operation, with its heavy production of waste, within the watershed of the United States' first national river.

Congress, through the diligent work of conservation-minded people in Arkansas, recognized the need to protect the outstanding natural beauty of the eroded sandstone and limestone bluffs rising high above the river's meandering flow. By 2017, the American National Rivers group ranked the Buffalo as one of Americas 10 most endangered rivers because of the presence of the hog farm and its potential to pollute the river's watershed.

Resolving the conflict has been difficult. It should not be lost on anyone that Arkansas is an agricultural state, so shutting down a large-scale agricultural operation creates potentially hot political fallout and touches on issues important to farmers all over Arkansas.

Environmental advocates couldn't successfully paint C&H's owners as heartless polluters, what with their roots in the state. The owners got support from neighbors in the rural, rugged country, where the opening of a big-time, tax-paying venture like the 6,500-hog operation is rare. The controversy triggered debate over property rights, the authority,

responsibility and adequacy of the Arkansas Department of Environmental Quality, and the public's right to have a say in decisions with high potential for environmental damage.

As obvious as it was to Buffalo River and environmental advocates that the hog farm should not be there, it seemed just as obvious to farmers across the state that landowners who followed the state's rules ought to be left alone without having their livelihood threatened.

One could hear Hutchinson balancing the two sides in his comments announcing the agreement. "Let me emphasize that the farmers -- Jason Henson, Richard Campbell and Philip Campbell -- obtained the permit fairly and have operated the hog farm with the utmost care from the beginning," Hutchinson said. "They have not done anything wrong, but the state should never have granted that permit for a large-scale hog farm operation in the Buffalo River watershed."

The state, in granting that permit, failed its residents, its ecology and a commitment to protecting tourism, another important aspect of Arkansas' economy. Of all the places in Arkansas, we have argued before, the Buffalo National River deserves the "utmost care" from the state at every level. It did not get it in this scenario, until now.

Such farming operations should not be permitted within the watershed. Hopefully, state officials recognize that fully now.

We applaud The Nature Conservancy's commitment of $600,000 to $1 million to make the deal possible. Also deserving of kudos is Hutchinson, who continues to call for making permanent an existing temporary ban on new medium- and large-scale hog farms in the watershed.

The legal fight over C&H and the Buffalo River could have gone on for many more years. We credit its owners and the governor for finding a better way that serves the needs of the state while meeting the financial commitments of the farmers.

The bumper sticker popular in these parts urges all to "Save the Buffalo." That's not a one-time achievement. From Neil Compton to Asa Hutchinson, it takes leadership in every generation to protect and preserve the wonders of the Buffalo. It's admirable that those in charge today decided to take steps against environmental degradation so that they could honestly say, "Not on my watch."

Commentary on 06/15/2019

Eureka Springs Independent

Go hogs!

Democrat Gazette

C&H Hog Farms takes state buyout; $6.2M deal cut to preserve Buffalo Riverby Emily Walkenhorst 

C&H Hog Farms, the subject of yearslong environmental concerns, will close its doors later this year under a $6.2 million buyout agreement reached with Arkansas Gov. Asa Hutchinson and Department of Arkansas Heritage Director Stacy Hurst.

The large-scale hog farm that sits within the watershed of the Buffalo National River has 180 days from Thursday to cease operations. After that, the Arkansas Department of Environmental Quality will begin closing the site, including the hog manure ponds and any cleanup that may be necessary.

The land will be given to the state as a conservation easement, which will limit its future usage.

Shortly after signing the agreement Thursday morning, Hutchinson announced the news at the Arkansas Municipal League's luncheon, where he was scheduled to deliver a speech. 

The announcement drew applause across the Statehouse Convention Center's ballroom in downtown Little Rock.

"Let me emphasize that the farmers -- Jason Henson, Richard Campbell and Philip Campbell -- obtained the permit fairly and have operated the hog farm with the utmost care from the beginning," Hutchinson said. "They have not done anything wrong, but the state should never have granted that permit for a large-scale hog farm operation in the Buffalo River watershed."

The Department of Arkansas Heritage has a statutory responsibility "to protect the rivers and streams of Arkansas," Hurst said in a statement sent to the Arkansas Democrat-Gazette. The agreement "will ensure that this national treasure receives the protection that it deserves," the statement reads.

C&H Hog Farms has been in operation since 2013 and has faced push-back ever since from environmental groups concerned about hog manure ending up in the Buffalo River, the first river in the United States to be designated as a national river. The facility is located on Big Creek, 6.6 miles from where it flows into the Buffalo.

The creek and river are on the department's proposed list of impaired water bodies for E. coli, but no government agency has concluded C&H is responsible for the bacteria's presence.

The state, with help from The Nature Conservancy, will pay the farmers $6.2 million in exchange for the closure. Most of that will be public money.

Hutchinson spokesman J.R. Davis said the amounts haven't been finalized because the governor is waiting to hear from The Nature Conservancy about how much it will raise. The Department of Arkansas Heritage may provide funds, and the rest of the state's money would come from Hutchinson's discretionary fund.

Hutchinson said The Nature Conservancy will not pay more than $1 million toward the buyout and will likely pay closer to $600,000 or so.

Per the agreement, the compensation will cover the remaining balance on a multimillion-dollar loan and compensate the farmers for additional costs related to the closure, such as losses from cutting their contract with JBS Pork short and the remaining life of equipment purchased for the farm's operation.

"We would like to thank all of those who have supported us through these difficult times defending our right to farm," Jason Henson wrote in a statement sent via text message to the Arkansas Democrat-Gazette. "We also thank the Governor, whose leadership has been instrumental. The time has come to resolve this matter and the terms of this agreement, financial settlement, and grant of a conservation easement present a good solution for everyone."

Hutchinson also said a temporary ban on new medium- and large-scale hog farms in the watershed should be made permanent. He has directed Department of Environmental Quality Director Becky Keogh to start the rule-making process to make the language permanent.

The department ordered the facility, which houses to up to 6,503 hogs, to close in November, citing water quality concerns and insufficient geological investigations of the rough karst terrain in which the farm sits.

C&H subsequently filed a number of appeals of the department's actions and of subsequent actions taken by the department's appellate body, the Arkansas Pollution Control and Ecology.

"This has been the source of constant controversy and litigation since the beginning," Hutchinson said. "It has always been my highest priority to protect the Buffalo River and ensure it as a national treasure far into the future."

The cost and expected duration of all filed and anticipated appeals was not ideal, the governor said.

"That's not a good outcome, and that doesn't protect the river," which made the buyout the state's best option, Hutchinson said after his speech.

Hutchinson initially offered the farmers less than $6.2 million. When the farmers said they needed more to cover their losses, he called Scott Simon of The Nature Conservancy.

Simon reached out to businessmen and donors to gauge their interest in supporting the buyout, The Nature Conservancy spokesman Ginny Porter said. He got a positive response, giving the governor the money needed to pay the farmers.

Simon was traveling Thursday but issued a statement to the Arkansas Democrat-Gazette thanking Hutchinson and the Henson and Campbell families "for working with the State of Arkansas on a solution to a challenging situation."

Rumors of a buyout have circulated since early 2018, said Gordon Watkins, president of the Buffalo River Watershed Alliance. The alliance formed in 2013 to oppose C&H, and members have been active in pursuing legal means to shut down the facility and researching any effects it has on Big Creek and the Buffalo.

Still, Watkins said, he wasn't expecting an announcement so soon.

"We're extremely pleased that this has finally come to pass," he said. "We've been at this for six years. We were told at numerous occasions that we were tilting at windmills."

Watkins supports the buyout and has previously stated his support for compensation for the farmers, should C&H be forced to close, because they obtained their permit legally.

Watkins said he hopes that monitoring of the water quality in Big Creek and the nearest portions of the Buffalo continues, citing the potential for phosphorus buildup in the soil at C&H to release over time via rainwater runoff.

On Friday, the alliance and the Arkansas Canoe Club filed a notice of intent to sue C&H in federal court for purported violations of the federal Clean Water Act, including seepage from manure ponds and the spread of hog manure as fertilizer on land in a flood plain.

The notice states that the alliance would give C&H 60 days to address the alleged violations or it would sue.

Watkins said he hadn't spoken to his attorney, Richard Mays, as of early Thursday afternoon but said that closure of the facility may qualify as addressing the alliance's claims.

The Arkansas Farm Bureau released a statement to the Arkansas Democrat-Gazette in support of C&H.

"This is a private, and personal, decision by the owners of C&H Hog Farm, which, no doubt, was based on what they felt is best for their future," reads the statement, sent by spokesman Steve Eddington. "Arkansas Farm Bureau's support for the owners of C&H has not wavered, and we wish them success in whatever endeavor they choose to pursue.

"You cannot tell this story without emphasizing that C&H had no environmental violations during more than five years of operation. That critical point has sometimes been lost. This farm underwent exhaustive testing and evaluation, both by ADEQ and EPA, and there has been no credible scientific evidence that this farm caused harm to the Buffalo River. That fact cannot be overlooked."

C&H was "one of the most productive swine producers in the region," according to the Farm Bureau.

Several groups and individuals released statements Thursday in support of the buyout.

"In my view, the initial approval of this large-scale operation near the sensitive Buffalo River watershed was ill-conceived," U.S. Rep. French Hill, R-Ark., said in a statement. "It's my hope that all stakeholders have learned from this extended challenge. I look forward to collaborating with local residents, farmers, as well as state and federal conservation officials, in creating a healthy watershed environment. Protecting the pristine Buffalo River is essential to preserving the livelihoods of countless Arkansans in north central Arkansas."

Everyone will benefit from the agreement, Arkansas Democratic Party Chairman Michael John Gray said in a statement.

"While it is unfortunate that these farmers were ever put in this position, I am happy that Governor Hutchinson has followed a suggestion made by me and many other advocates to make these farmers whole and to preserve our national treasure," Gray said in the statement.

Talk Business

Hog farm near Buffalo River receiving $6.2 million to close

by Steve Brawner (BRAWNERSTEVE@MAC.COM)

C&H Hog Farms, the controversial facility located 6.6 miles from the Big Creek that flows into the Buffalo National River, will cease operations in return for $6.2 million as part of a voluntary agreement, Gov. Asa Hutchinson announced Thursday (June 13).

In addition, Hutchinson said he was directing that a temporary moratorium on large-scale concentrated animal feeding operations, or CAFOs, in the Buffalo River watershed be made permanent.

Speaking to the Arkansas Municipal League and to reporters afterwards, Hutchinson said the farmers will receive $6.2 million. They will still own the land under a conservation easement that will prohibit the construction of a CAFO there.

Hutchinson said the money will help the farmers pay off a multi-million dollar loan and compensate them for the loss of their business.

Most of the money will come from the state. Hutchinson said between $600,000 and $1 million will come from The Nature Conservancy. That amount will cover a shortfall between what the farmers wanted and what the state was offering. Under the agreement, once an escrow account is funded, C&H will have up to 180 days to fully shut down operations.

Hutchinson said the owners “obtained the permit fairly and have operated the hog farm with the utmost care from the beginning. They have not done anything wrong. But the state should have never granted that permit for a large-scale hog operation in the Buffalo River Watershed.”

Richard and Phillip Campbell and Jason Henson received a permit in 2012 allowing them to raise approximately 6,500 hogs. The Arkansas Department of Environmental Quality rejected the farm’s application for a new operating permit in January 2018 and again in November, citing water-quality issues and inadequate testing. But the owners appealed in circuit court and filed a civil lawsuit.

Opponents fear the farm’s waste is polluting the nation’s first national river.

Hutchinson told reporters that the agreement had been negotiated over the past few days and signed this morning. He said he had decided to settle the case rather than wait for the legal process to unfold because of the expense, length and uncertainty of litigation, which would take years to resolve.

“This step was logical both in terms of saving money in litigation costs, but also resolving it much quicker than litigation could,” he said.

The agreement prohibits using any building on the property for “the feeding, breeding, raising or holding of animals” that is “specifically designed as a confinement area where manure may accumulate.”

However, it authorizes activities such as soil cultivation and free-range livestock excluding swine. The animals can’t be confined or maintained on the property for more than 44 days a year. Only two “animal units” are allowed per acre, with large animals such as cows and horses counting as one unit, medium animals including sheep and goats counting as .5 animal units, and small animals including fowl counting as .1 animal units. Forestry is allowed, as are recreational activities and single family dwellings.

The Buffalo River Watershed Alliance, which has long opposed the hog farm, said in an email sent to supporters, “This closure announcement is what we have all been seeking for 6 long years.” It said it would continue to monitor the closure process and said other threats to the river exist.