David Fricke, a member of the Citizens to Protect State Parks and Historic Sites, reads a statement to Department of Natural Resources officials, from left, Derrick Steen, Robert Morrison and Ed Galbraith. Fricke was one of a number of residents from the Arrow Rock area who spoke at the public hearing and questioned the DNR's probable approval for a controversial hog operation planned by Dennis Gessling. (Eric Crump/Democrat-News) [Click to enlarge]

Editor's note: This story is the first in a series that will continue next week providing more information about the hearing and revisiting the issues surrounding the controversy.

State officials came to Marshall Thursday, July 20, to answer questions from Saline County residents concerned about a proposed hog operation near Arrow Rock, but as the four-hour public hearing came to an end they acknowledged that their answers probably didn't satisfy many people.

Representatives of Citizens to Protect State Parks and Historic Sites, an organization formed to battle a proposed confined animal feeding operation (CAFO) planned for the Arrow Rock area, indicated that they will respond with lawsuits if the Department of Natural Resources approves the permit for the CAFO.

Whitney Kerr, spokesman for the group and facilitator of the hearing, announced at the conclusion of the meeting that the group would file suit against the DNR, against CAFO operator Dennis Gessling and against property owners who have agreed to allow Gessling to apply waste from the operation to their fields as fertilizer.

"This group will spend whatever money it takes to see this to a successful conclusion," Kerr said.

More than 100 people gathered at Marshall High School for the meeting, which was called so DNR officials could explain the limits of their authority in considering CAFO permit requests.

Gessling submitted a permit application early in January for a 4,800-hog feeding operation to be built on land he owns two miles west of Arrow Rock. He currently operates a similar facility several miles northwest of the village.

Robert Morrison, environmental manager with the DNR Hazardous Waste Program, said Gessling's application appears to be complete and to comply with existing state regulations governing CAFO operations.

Barring the emergence of any new factors, he said he would expect the permit to be approved sometime in August.

After the initial permit is approved, Gessling will be required to apply for an operating permit before beginning to build the facility, according to Darrick Steen, agriculture unit chief in the DNR Water Protection Program.

Tom Hall, president of the Friends of Arrow Rock, said his group disagrees with the DNR assessment of Gessling's application.

Hall announced that his organization had commissioned an analysis of the permit application from the Washington University

(WU) School of Law Interdisciplinary Environmental Clinic, a group that consists of lawyers and engineers.

Hall presented the letter, addressed to DNR Director Doyle Childers, to Ed Galbraith, director of the DNR Water Protection Program.

Hall said the WU analysis found numerous problems with the CAFO application.

Steen said DNR officials would be glad to review the WU report but defended his staff's assessment of the application.

The limits of the DNR's discretion in considering CAFO permit applications has been a point of frustration for the people opposed to Gessling's CAFO and state Rep. Joe Aull (D-Marshall), speaking near the end of the hearing, said he thinks it may be up to the legislature to address that problem.

Contact Eric Crump at

marshalleditor@socket.net