Friends of Responsible Agriculture (FORAG), a local concentrated animal feeding operation (CAFO) opposition group, filed for a new motion-to-stay hearing that if granted, could put plans and construction for a 10,000-hog facility in Kingdom City on hold until there is a resolution from an appeal the group recently filed.
In November, the Missouri Department of Natural Resources (DNR) issued Callaway Farrowing, LLC a permit for a hog facility with more than 10,000 hogs to operate in Kingdom City. Last month, FORAG filed an appeal against the operating permit the DNR approved. Immediately following that appeal, FORAG filed for a motion-to-stay. Jeff Jones with FORAG said the stay would prevent construction of the hog facility until after there is a resolution from the appeal process.
"The stay is very important so that they don't push forward without knowing what the answer to this appeal is going to be," Jones said. "We are still very optimistic that this appeal will help turn things around."
The FORAG's appeal hearing for the DNR permit is set for Feb. 10.
Jones received a letter on Jan. 2 from the Administrative Hearing Commission (AHC) regarding a hearing for his motion-to-stay that was to take place that day. He received a second letter the next day denying the motion because no FORAG representatives were present at the hearing on Jan. 2. According to AHC records, they mailed Jones a letter informing him of the Jan. 2 hearing on Dec. 24.
Jones and another FORAG member wrote to AHC Commissioner Karen A. Winn to ask for a new hearing because they had not received notice of the first one.
Winn responded to Jones the next day and said they would deny him a second stay hearing, but would allow another hearing if FORAG had an attorney represent them. Stephen G. Jeffery, with Jeffery Law Group LLP, and Jessica L. Blome, with Animal Legal Defense Fund, both agreed to represent FORAG and filed a motion-to-stay hearing on the group's behalf.
The CAFO opposition group is waiting to hear from the state on when that new hearing will take place. Jeffery said it is possible the stay hearing could take place at the same time as the appeal hearing for the DNR permit.
The CAFO has been an area of tension in the community since May when residents first received a neighbor notification that Eichelberger Farms Inc., an Iowa-based company associated with Callaway Farrowing, had intentions to create the massive hog operation in the county.
The DNR permit approves the operation of a hog farm for 9,520 swine over 55 pounds and 800 swine under 55 pounds, according to the permit documents. It approves a facility that will replace the current, smaller hog farm - Horstmeier Farms - which has the capacity for 5,600 sows.
According to DNR, Missouri requires CAFOs to be designed by a professional engineer and to be designed, constructed and maintained as no-discharge facilities. Callaway Farrowing's permit, approved by DNR, does not allow discharges of water for any reason. Regulations require the operation to inspect the confinement buildings and manure storage areas weekly for any structural leaks.
Jones said FORAG thinks a hog facility of this size should be placed in a less populated area.
The group's appeal, addressed to the Missouri Administrative Hearing Commission, outlines three areas of concern:
•Health and welfare;
•Technical deficiencies; and
•Arbitrary and capricious reliance on interim guidance.
The appeal also mentions concern for water and air quality in the community.
Eichelberger Farms did not return phone calls for comment Monday. Michael R. Blaser, an attorney at Brown Winick in Iowa and the registered agent listed on state business filing documents for Eichelberger Farms and Callaway Farrowing, said he is unsure of how long the DNR appeal process will take. Therefore, he said, it is too soon to tell when construction of the hog facility would occur.