DNR has limited discretion in CAFOs, letter says

The Missouri Department of Natural Resources has limited discretion in determining whether new concentrated animal feeding operations (CAFOs) can be developed, according to a letter from Doyle Childers, the agency's director.

A letter dated Friday, Jan. 26, is being sent to everyone who has communicated with DNR about Dennis Gessling's proposal to locate a new CAFO about two miles west of Arrow Rock, according to Connie Patterson, DNR director of communication.

A DNR official said last week that the controversy over Gessling's operation had generated more correspondence from citizens than any other in recent memory.

Gessling applied Jan. 5 for a permit to build two barns under one roof that would hold up to 4,800 hogs, making it a Class 1C operation.

The letter includes the following passages:

"The statutory authority given to the department by the legislature only allows us to ensure the permit application complies with Missouri law and the operation will protect water quality. The Department of Natural Resources does not have jurisdiction to address questions of zoning, location, property values or other items not related to water quality.

"Missouri state regulations do not allow the department to regulate odors from an operation of this classification. Missouri's odor regulations only apply to the largest animal feeding operations, which are Class 1A, i.e., greater than 17,500 head of swine. Missouri state statutes, however, do require minimum buffer distances between the nearest confinement building and any public building or occupied residence, which may help with odor control. The distance for a Class 1C operation is 1,000 feet. We will review this application to ensure buffer distance is within statutory requirements.

"Please understand we will review and take into consideration all public comments received before making a decision on this permit application. The department will hold a public meeting in the Arrow Rock area to allow citizens an opportunity to express their opinions about the proposed facility. We will notify you of the date, time and location of this meeting once it is set. We want to let you know that the U.S. Department of the Interior has expressed an interest in this proposed facility. This is different from other CAFO applications we have received, and the Department of Natural Resources will have to research the federal agency's interests further.

"It is important to note if the permit application meets all regulatory requirements and demonstrates that the operation will protect waters of the state, the department is required by law to issue the permit. We expect to complete our review of the permit within the 180 days allowed by law."

Opponents of a proposed hog feeding operation near Arrow Rock are seeking legislation that would create five-mile buffer zones around state parks and historic sites.

Contact Eric Crump at

marshallfaith@socket.net