State approves permit for controversial Cherry County hog operation

The State of Nebraska on Aug. 13 approved a permit for TK Angus to construct a hog operation in Cherry County. The approval follows a campaign of letters to the Nebraska Department of Water, Energy and Environment (DWEE) that mostly opposed the plans.

TK Angus Co. is a family cattle operation that aims to add two hog finishing barns that would house up to 4,999 pigs, alongside 600 feeder cattle on land about three miles from the Niobrara River. About 40 letters sent to DWEE showed that Cherry County residents were concerned the operation would have significant environmental implications

In its approval letter, the department directed TK Angus to verbally notify DWEE after the company completed building its concrete construction work on the underfloor pits “in an effort to alleviate safety concerns and streamline final project approval.”

DWEE said the animal operation wasn’t required to obtain coverage under a National Pollutant Discharge Elimination System Permit for Concentrated Animal Feeding Operations based on its current operation. But it could be required in the future if the operation discharges into state rivers.

Sunny Elliott, a Cherry County resident and science teacher, built a website that kept her neighbors informed about the project. As interest for information on the project grew, Elliott created a petition that gathered around 300 signatures within several days.

She said the petition wasn’t meant to decide the permit’s fate, but she wanted to show the state how many people either opposed the hog operation or wanted a public hearing to be held before the permit could be issued.

“My primary concern is whether the permit application and nutrient-management plan adequately account for the conditions at this particular location,” Elliott said, pointing to the county’s permeable soil and groundwater as vulnerabilities to the hog operation.

The Nebraska Examiner reported that Cherry County commissioners initially denied TK Angus a conditional use permit in 2023, despite approval from the county’s planning commission. A county district judge later overruled the county board and ordered it to provide a conditional use permit.

Tim Marlatt, whose name is on the DWEE filing and has owned the operation for years, told the Nebraska Examiner that the initial concerns about odor and leaks that were raised during that effort were unfounded, and that the facility’s design would prevent both.

Theodore Ball contributed to this report.