Re: New Threat to the Buffalo River
Posted: Fri Dec 28, 2012 5:18 pm
I received this response this afternoon:
Dear Mr. Esche:
Thank you for your recent inquiry concerning the possible impact of a new hog farming operation (C&H Farm) in the vicinity of Mt. Judea, AR. We are providing the following information in an attempt to answer questions we have received from several sources regarding this matter.
The United States Environmental Protection Agency (EPA) promulgated Federal Requirements for Concentrated Animal Feeding Operations (CAFOs) on February 12, 2003 with additional portions revised in 2008. Based on the Federal Requirements, the Arkansas Department of Environmental Quality developed the Concentrated Animal Feeding Operation (CAFO) General Permit ARG590000 which was public noticed on February 10, 2011 and April 18, 2011 in the Arkansas Democrat Gazette throughout the state. Multiple public hearings were held to make the public and the regulated community aware of the requirements of this permit and allow them the opportunity to voice their concerns and make any comments. During the comment period, the Department received numerous comments from the public, regulated community, and other state and federal agencies which were addressed in the Response to Comments and included with the final permit package. The final CAFO General Permit was issued on October 6, 2011 and made effective on November 1, 2011.
A copy of the permit, fact sheet, and public notice were sent via email to the US Army Corps of Engineers, the Regional Director of the U.S. Fish and Wildlife Service, the Department of Arkansas Heritage, the EPA Region 6, and the Arkansas Department of Health for review. None of those organizations objected to the issuance of this permit.
Under the CAFO General Permit, any operator wishing to obtain coverage must demonstrate their ability to meet the requirements of the permit by submitting a Notice of Intent (NOI); a Nutrient Management Plan (NMP) that meets the requirements of 40 CFR 122 and 412 and that has been developed in accordance with the Natural Resource Conservation Service Practice Standard Code 590 including the 2010 Arkansas Phosphorus Index; a Disclosure Statement; a permit fee; an ADEQ Form 1; and plans and specifications stamped by a Professional Engineer registered in the State of Arkansas.
C&H Hog Farms submitted a Notice of Intent on June 13, 2012. The Notice of Intent was reviewed and determined to be complete on June 25, 2012. In accordance with Condition 5.1 of the CAFO General Permit, the Notice of Intent was public noticed on the ADEQ website for 30 days starting on June 25, 2012 and Notice of Coverage for this facility was issued on August 3, 2012. In addition to the CAFO General Permit, the facility was required to obtain coverage under the Stormwater Construction General Permit (ARR150000) with tracking no. ARR153893. The Stormwater Construction General Permit minimizes sediment runoff from the construction of the facility and its holding structures.
The CAFO General Permit requires the facility to design the holding ponds to prevent an overflow in a major rain event. An evaluation of the adequacy of the designed manure storage structure using the most recent version of the Soil Plant Air Water (SPAW) Hydrology Tool which was developed by the Natural Resources Conservation Service (NRCS). The evaluation must include all inputs to SPAW including but not limited to daily precipitation, temperature, and evaporation data for the previous 100 years, user-specified soil profiles representative of the CAFO's land application areas, planned crop rotations consistent with the CAFO's Nutrient Management Plan, and the final modeled result of no overflows from the designed open manure storage structure. For those CAFOs where 100 years of local weather data for the CAFO's location is not available, CAFOs may use a simulation with a confidence interval analysis conducted over a period of 100 years.
Additional requirements include lining the pond with an 18 inch compacted clay liner to prevent contamination to the Karst Terrain or groundwater. Land application of the wastewater will be performed on the permitted fields and in accordance with the buffer distances stated in Condition No. 4.2.1.5 of the CAFO General Permit to prevent contamination of surface waters. These setbacks include distances from surface waters, water intakes, sinkholes, well heads, Extraordinary Resource Waters (ERWs), property lines, and neighboring occupied buildings.
No comments were received regarding endangered species. However, the issuance of this permit in accordance with Section 6.8 of the CAFO General Permit does not exempt the permittee from complying with requirements from other state, federal, county, or local agencies.
Concerning odors from this facility, the Department does not have the authority to regulate odors. The Department does encourage the use of a Good Neighbor Policy which is also promoted by the NRCS to try and keep the odors to a minimum.
All permits issued by the Water Division are issued in accordance with all Federal and State Regulations. Please be assured that the Department will continue to review all comments and concerns submitted regarding this issue.
I hope this information is helpful to you and I have adequately addressed any questions you have regarding this case. If you have any other questions or if I can provide further assistance in this matter, please do not hesitate to contact me or Mr. Stephen Hogan of my staff at (501) 682-0648 or by email at bailey@adeq.state.ar.us or hogan@adeq.state.ar.us.
Sincerely,
John Bailey, P.E.
Permits Branch Manager, Water Division
(501) 682-0629
Dear Mr. Esche:
Thank you for your recent inquiry concerning the possible impact of a new hog farming operation (C&H Farm) in the vicinity of Mt. Judea, AR. We are providing the following information in an attempt to answer questions we have received from several sources regarding this matter.
The United States Environmental Protection Agency (EPA) promulgated Federal Requirements for Concentrated Animal Feeding Operations (CAFOs) on February 12, 2003 with additional portions revised in 2008. Based on the Federal Requirements, the Arkansas Department of Environmental Quality developed the Concentrated Animal Feeding Operation (CAFO) General Permit ARG590000 which was public noticed on February 10, 2011 and April 18, 2011 in the Arkansas Democrat Gazette throughout the state. Multiple public hearings were held to make the public and the regulated community aware of the requirements of this permit and allow them the opportunity to voice their concerns and make any comments. During the comment period, the Department received numerous comments from the public, regulated community, and other state and federal agencies which were addressed in the Response to Comments and included with the final permit package. The final CAFO General Permit was issued on October 6, 2011 and made effective on November 1, 2011.
A copy of the permit, fact sheet, and public notice were sent via email to the US Army Corps of Engineers, the Regional Director of the U.S. Fish and Wildlife Service, the Department of Arkansas Heritage, the EPA Region 6, and the Arkansas Department of Health for review. None of those organizations objected to the issuance of this permit.
Under the CAFO General Permit, any operator wishing to obtain coverage must demonstrate their ability to meet the requirements of the permit by submitting a Notice of Intent (NOI); a Nutrient Management Plan (NMP) that meets the requirements of 40 CFR 122 and 412 and that has been developed in accordance with the Natural Resource Conservation Service Practice Standard Code 590 including the 2010 Arkansas Phosphorus Index; a Disclosure Statement; a permit fee; an ADEQ Form 1; and plans and specifications stamped by a Professional Engineer registered in the State of Arkansas.
C&H Hog Farms submitted a Notice of Intent on June 13, 2012. The Notice of Intent was reviewed and determined to be complete on June 25, 2012. In accordance with Condition 5.1 of the CAFO General Permit, the Notice of Intent was public noticed on the ADEQ website for 30 days starting on June 25, 2012 and Notice of Coverage for this facility was issued on August 3, 2012. In addition to the CAFO General Permit, the facility was required to obtain coverage under the Stormwater Construction General Permit (ARR150000) with tracking no. ARR153893. The Stormwater Construction General Permit minimizes sediment runoff from the construction of the facility and its holding structures.
The CAFO General Permit requires the facility to design the holding ponds to prevent an overflow in a major rain event. An evaluation of the adequacy of the designed manure storage structure using the most recent version of the Soil Plant Air Water (SPAW) Hydrology Tool which was developed by the Natural Resources Conservation Service (NRCS). The evaluation must include all inputs to SPAW including but not limited to daily precipitation, temperature, and evaporation data for the previous 100 years, user-specified soil profiles representative of the CAFO's land application areas, planned crop rotations consistent with the CAFO's Nutrient Management Plan, and the final modeled result of no overflows from the designed open manure storage structure. For those CAFOs where 100 years of local weather data for the CAFO's location is not available, CAFOs may use a simulation with a confidence interval analysis conducted over a period of 100 years.
Additional requirements include lining the pond with an 18 inch compacted clay liner to prevent contamination to the Karst Terrain or groundwater. Land application of the wastewater will be performed on the permitted fields and in accordance with the buffer distances stated in Condition No. 4.2.1.5 of the CAFO General Permit to prevent contamination of surface waters. These setbacks include distances from surface waters, water intakes, sinkholes, well heads, Extraordinary Resource Waters (ERWs), property lines, and neighboring occupied buildings.
No comments were received regarding endangered species. However, the issuance of this permit in accordance with Section 6.8 of the CAFO General Permit does not exempt the permittee from complying with requirements from other state, federal, county, or local agencies.
Concerning odors from this facility, the Department does not have the authority to regulate odors. The Department does encourage the use of a Good Neighbor Policy which is also promoted by the NRCS to try and keep the odors to a minimum.
All permits issued by the Water Division are issued in accordance with all Federal and State Regulations. Please be assured that the Department will continue to review all comments and concerns submitted regarding this issue.
I hope this information is helpful to you and I have adequately addressed any questions you have regarding this case. If you have any other questions or if I can provide further assistance in this matter, please do not hesitate to contact me or Mr. Stephen Hogan of my staff at (501) 682-0648 or by email at bailey@adeq.state.ar.us or hogan@adeq.state.ar.us.
Sincerely,
John Bailey, P.E.
Permits Branch Manager, Water Division
(501) 682-0629