Public Notice of 30-Day Comment Period on draft approval of C&H Reg 5 permit. (Link includes draft permit.) A public hearing will be held in Jasper on March 7 and the comment period closes on March 17. Please send copies of your comments to BRWA and we will post them here. Request for Oral Arguments regarding the EC Farms Permit Appeal, scheduled before the APC&E Commission on Friday, January 27, 9 am.
BRWA Press Release on Drilling Report, Dec. 16, 2016
BRWA Questions to ADEQ regarding drilling report, Dec. 15, 2016
Harbor Environmental and Safety presented the results from its drilling study at C&H Hog Farms December 1, 2016, in a briefing with ADEQ, which was open to the public. However, questions were not allowed at the presentation and the public was directed instead to submit questions in writing to ADEQ by December 16, 2016. ADEQ reportedly will answer questions and will make an announcement regarding its conclusions following the completion of the review of the final report. See BRWA's questions linked above. Other questions from the public may be found under Stakeholder Comments.
EC Farms Permit Appeals Follow the progress of the 3 appeals by clicking on the docket for Nancy Haller. The APC&E Administrative Law Judge is currently reviewing motions and testimony and will make a decision and issue an Order at the January 27 Commission meeting.
Recommended Decision of Administrative Law Judge remanding EC permit back to ADEQ for assignment of a separate permit. January 5, 2017
Governor Asa Hutchinson announces Buffalo River Action Committee Youtube video 9/30/2016
Governor's Directive for Beautiful Buffalo River Initiative (BBRI) "To address water quality concerns throughout the watershed and ensure the Buffalo National River maintains all designated uses" Sept 30, 2016
BCRET July-Sept, 2016 Quarterly Report
BRWA comments on proposed revisions to Regulation 6. October 17, 2016
ADEQ 2018 Assessment Methodology Review website for reviewing criteria for 303d List of Impaired Streams, Nov.3, 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 by BRWA. October 30, 2016
All public comments submitted to ADEQ on Reg 6 Revisions
Isaak Walton League Gives Arkansas a D+ for Water Quality
TIMELINE: INVESTIGATIVE DRILLING AROUND C&H PONDS
Following revelations by BRWA in April, 2016, ADEQ agreed to perform investigative drilling around the C&H swine waste ponds to determine if, as suggested by ERI results, the ponds are leaking. Below are related documents in chronological order. Also see the ERI section of the Documents page for more. Drilling was completed on September 26.
Read Comments on drilling plan.
May 23: BRWA Letter to ADEQ asking that installation of synthetic pond liners be delayed until confirmatory drilling can be done to determine the validity of ERI results referenced above. This letter was also provided to APC&E Commissioners by BRWA attorney Richard Mays at the May 26, 2016 meeting.
June 23: ADEQ Press Release announcing plan to further investigate ERI data from C&H waste ponds.
June 29: BRWA Letter to ADEQ as followup to confirm ADEQ assertion to include BRWA in independent ERI investigations around C&H waste pounds.
July 8: Representatives of BRWA and the Buffalo River Coalition met with ADEQ officials at offices of Attorney Richard Mays to discuss plans for an independent investigation of possible leakage of the C&H swine waste lagoons as was indicated by electrical resistivity imaging conducted in early 2015.
July 8: ADEQ Powerpoint presentation to BRWA and the Coalition at above meeting describing proposal for independent investigative drilling.
July 11: Bert Fisher letter to ADEQ with recommendations for drilling.
August 4: Letter to ADEQ from BRWA and Coalition objecting to presence of two BCRET as observers during well drilling while disallowing BRWA's recommended observer, Dr Bert Fisher.
August 4: 2nd Letter to ADEQ from BRWA and Coalition providing comments on technical aspects of the Draft Workplan.
August 5: ADEQ announces drilling scheduled for August 8 will be delayed, pending availability of drill rig.
August 24:BRWA FILES INJUNCTION
seeking hearing on investigative drilling at C&H.
August 26: Final Drilling Workplan is posted.
Sept. 2: BRWA withdraws injunction
Sept. 2: ADEQ issues C&H Hog Farm a Notice of Technical Incompleteness due to C&H sudden refusal to allow drilling to proceed.
Sept. 6: BRWA letter to ADEQ reiterating request for multiple bore holes and referencing 2014 Expert Review Panel recommendations re: pond leakage.
Sept. 7: C&H agrees to allow drilling to proceed at state's expense with drilling date of Sept 19.
Sept. 12: BRWA and Coalition ask EPA to be present during investigative drilling.
Sept 21: Drilling begins. See daily updates here
Sept. 23: Drilling is completed and borehole is filled with cement, although a "void" at 25 feet deep makes it difficult and cementing is not completed until Sept. 26. See the Observation Logs here. Director Keogh states that the Final Report will not be made available to the public until January, 2017.
Sept. 29: ADEQ press release announcing completion of drilling
More to come!
OTHER RECENT NEWS
Water analysis results. This document includes a map of numerous sampling locations along Big Creek,from upstream of C&H to the confluence with the Buffalo. The results are suggestive of nutrient loading in the vicinity of the hog factory.
Downstream People - A Documentary, a movie trailer for an upcoming documentary about C&H and its effect on the community. July 23, 2016
BCRET Quarterly Report, July 22, 2016
ADEQ Approves EC Farms request to spread C&H waste on additional fields, including in the watersheds of the Little Buffalo and Hurricane Creek. June 30, 2016. Several individuals have appealed this decision.
ADEQ decides not to renew ARG590000, the Reg 6 General permit for swine CAFOs. Read the press release here, April 28, 2016. Read ADEQ's official decision not to renew and responses to 130 comments here.
C&H applies to switch from its current Regulation 6 NPDES (Federal) General Permit to a Regulation 5 (State) Individual Permit. Read the Application Packet here. April 4, 2016
ADEQ issues letter of administrative completeness stating that C&H's reg 5 permit application contains all of the necessary forms and documents.May 25, 2016. This will be followed by a technical review and 30-day public comment period within 90 days.
Hearing Was Held April 14
Notice of Draft Renewal Permit and Public Hearing NPDES General Permit ARG590000 for Eligible Operators of Concentrated Animal Feeding Operations (CAFOs) within the State of Arkansas To read document click here.
Read BRWA's comments here. Read all public comments here
Hearing Was Held APRIL 11
Read BRWA's Draft Comments here.
The public comment period for the 2016 draft 303(d) list of impaired streams closed on March 16, 2016. Click here to read ADEQ's public notice. Read BRWA and others' comments here. Read BRWA/Coalition presentation to the Arkansas legislative committee meeting, March 29, 2016 here
Final 303(d) Reports are posted here, April 6, 2016. See the "305b Integrated Report" for comprehensive details.
New Journal Article!
Proposals for integrating karst aquifer evaluation methodologies into national environmental legislations. Case study of a concentrated animal feeding operation in Big Creek Basin and Buffalo National River Watershed, Arkansas, USA. By Katarina Kosic, Carol L. Bitting, John Van Brahana, Charles J. Bitting. Sustainable Water Resources Management, December 2015. Vol 1 Issue 4, p363-374.
BRWA responds via attorneys to ADEQ's refusal to investigate our complaint about possible contamination at C&H. Sept. 21, 2015
BRWA Files Complaint With ADEQ regarding BCRET data showing potential pond leakage.
Aug. 12, 2015 Read here
ADEQ responds here, August 21,2015 denying further investigation
HOGS ON THE BUFFALO VIDEO
On PBS Series, This American Land
SAVE THE BUFFALO…AGAIN VIDEO
June 15, 2015: Earthjustice Letter To ADEQ expressing concern over a request to permit C&H waste to be spread on the old C&C Hog Farm, part of which is in the Little Buffalo River watershed. Also requesting that C&H permit be reopened in its entirety for public comment.
May 7, 2015: C & H requests yet another major permit modification to install a cover, gas flare and liners on their waste storage ponds. Read the request here.
Buffalo National River Water Quality Data This site provides information on multiple water quality parameters collected at numerous sites on the Buffalo from 1985 to present. See the Water Quality Database 2005 - 2015 for most recent data, including E. coli and Dissolved Oxygen.
Dissolved Oxygen levels at mouth of Big Creek, late Summer, 2014. This graph shows that during a 21 day period the D.O. dropped to or below 5 mg/l on 19 nights. The stream was at a critical level for 23.76% of the time during that period.
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.
PLEASE SEE the Documents and the Videos pages for more extensive documentation of the C&H controversy.
USGS REAL TIME WATER MONITORING
WHY SAVE THE BUFFALO?
The "Save the Buffalo - Again" campaign is necessary because, in 2012, a 6,500 industrial scale hog facility was built on the banks of Big Creek, just 5 miles upstream from the Buffalo National River. Government oversight of this development was deeply flawed and it now threatens to destroy the fragile ecosystem of our nation's first National River.
Buffalo National River staff was not consulted prior to Arkansas Department of Environmental Quality(ADEQ) issuing a permit for this confined animal feeding operation(CAFO), in violation of federal regulations. A subsequent National Park Service review of the documents for the permit revealed 45 significant violations.
If we have learned anything, we now know we must be vigilant and not presume everyone treasures this place as we do.
We must act to defeat this CAFO, and seek policies that will build a wall around the Buffalo River Watershed. If we lose this, we lose a part of ourselves.
John Muir defined the meaning of natural treasures like the Buffalo National River best long ago:
"Everybody needs beauty as well as bread, places to play in and pray in, where nature may heal and give strength to body and soul." John Muir
We need your help. Join us in this campaign to "Save the Buffalo - Again", and help secure the future of our national treasure. With a shared vision and hard work, we will prevail.