On August 22, 2007, a 65,600 chicken factory began operation on the Ozbun land. The factory is 1-1/2 miles from Roaring River State Park, one mile from Roaring River Cove Hardwoods Natural Area and .3 mile from Chute Ridge Glade. There is a rock quarry .2 mile from the factory that blasts regularly.
After the announcement that a CAFO might be built, a group of community members organized into what became known as "The Friends of Roaring River." It was a loose-knit group with concerns about the impact to our park and river. In September 2007 this group formed the "Roaring River Parks Alliance" (501 (c) 3) because we believe that DNR was not doing its constitutional duty to protect Missouri's water resources and state parks.
Residents of the Ozark region know that Karst topography is formed by the dissolution of soluble limestone and dolomite. Karst is typically porous, allowing contaminants to seep into groundwater, and flow into streams.
Ample evidence exists (see DNR's website) that groundwater and stream contamination already has happened in this region. Right now in Newton and McDonald Counties grants have been given to try and clean up the pollution that is in most of their streams and rivers. According to DNR, Roaring River recharge area already shows signs of pollution from chicken litter.
Oklahoma has a lawsuit pending against Arkansas' poultry companies like Tyson Foods, lnc. for contaminating Lake Tenkiller. Missouri's Elk River is one of the tributaries that are polluting Grand Lake of the Cherokees.
At a meeting of over 200 concerned citizens in January 2007, DNR's Darrick Steen stated that a compost shed and a manure shed would be included in the Ozbun construction permit "because the farm was in a sensitive area."
At this meeting DNR's geologist showed Roaring River Parks Alliance member Beverly Sweeney where the pollution from the CAFO would seep underground into the crevasses and head right under her home toward the river.
It's hard to believe a CAFO would be put in this sensitive area. The Ozbun's chicken factory is on a rocky hill with a creek on each side of it. DNR has listed one of the creeks as a losing stream. The creeks run down to Roaring River 1/2 mile away. From that point it's just another mile to the Roaring River Arm of Table Rock Lake.
The owner and DNR knew before a construction permit was ever issued that there were many, many people against putting a concentrated chicken factory on a losing stream only one half mile uphill from Roaring River and just 1-1/2 miles from the State Park They started construction anyway while neighbors appealed the project.
In reviewing the CAFO's application in February 2007, a member of the Roaring River Parks Alliance, discovered a fraudulent notary person and seal on the waivers of the buffer zone that two neighbors signed so the CAFO could be built. This information was given to Darrick Steen of DNR; Mr. Steen said he would check into it Waivers of buffer zones are supposed to be part of the construction permit Instead of making sure everything was legal before the permit was issued, DNR issued the permit anyway. Not until July 31,2007 was one of the neighbor's waiver corrected. As of September 18, 2007, at a second hearing the other neighbor's waiver had not been corrected; in fact, we don't know if it has ever been corrected.
According to Missouri regulations DNR can deny construction if it is determined a permit should not be issued (10 CSR 20-6.020). DNR denies this publicly. A phrase they have used many times in newspapers and orally is "if all the i's are dotted and t's crossed we have to issue the permit." According to DNR, no permit has ever been turned down.
Missouri's Administrative Hearing Commission had a hearing in Jefferson City July 19,2007. On July 25, the commission ordered a STAY on construction of the Ozbun's factory. DNR circumvented that stay by saying the construction that pertained to the permit was already completed. There are photographs dated from August 13th to 22nd to show construction was still in progress.
The compost shed and the manure shed had not been built yet when the construction was "completed" contrary to the promises of DNR's Darrick Steen. There still isn't a compost shed or manure shed. An incinerator was built after the stay was in place instead of the compost shed because they didn't need to have a permit to do that.
An operating permit was issued August 22, 2007. Rules say there should be a 30-day wait between issuing the permit and chickens being delivered. Yet according to the owners, the pullets were delivered the same day, August22, 2007.
The DNR permit allows the facility to store up to 386 tons of manure unprotected for up to two weeks during the CAFO's spring-cleaning. Regulations require that such stockpiles be situated at least 300 feet from drainage ways. But the DNR's representative, Darrick Steen acknowledged that his observation of the site leave him to believe that there are limited locations for a temporary stockpile of chicken litter. He has not evaluated the site to determine whether such a stockpile could exist on the site. Nevertheless, DNR issued the permit. The manure can sit unprotected atop the hiII near the losing stream, during the rainy season.
DNR says the Ozbun factory has not had a spill. YET
After many delays another appeal hearing is scheduled for June 23rd to the 27th in Jefferson City.