Official announcement says no violation, whistleblower: just construction facts. Recently, Nongfu Spring's water intake project in Wuyishan, Fujian, faced a 'deforestation' controversy, stemming from complaints by the daughter of a local tourism company's legal representative. The woman, named Qiang Wen, reported on Weibo and to multiple media outlets that Nongfu Spring, while building a water intake site in Da'an Village at the foot of Wuyishan National Park, extensively damaged local trees and vegetation, with some construction areas extending into the park's boundaries, causing ecological damage. Soon, several major media outlets reported the incident, sparking an uproar. Qiang Wen's identity was quickly exposed; she is not an ordinary villager but the daughter of the legal representative of Wuyishan City Da'anyuan Eco-Tourism Co., Ltd. (hereinafter 'Da'anyuan Tourism Company'). The reason for her report is a conflict of interest with Nongfu Spring. In an interview with China Business Journal, she confirmed she is the daughter of the local tourism company's legal representative and stated that Nongfu Spring's construction has affected her parents' tourism company's revenue. Through materials provided by both parties and visits to the construction site, the reporter learned that the conflict and dispute between the two sides center on the land use rights on both sides of the river in Da'an Village. In 2019, Nongfu Spring's project was approved to build pipelines along the river, but materials from Da'anyuan Tourism Company show that the land was leased to Da'anyuan Tourism Company as early as 2005 for tourism project use. Regarding this dispute, when the reporter sought answers from the Wuyishan Municipal Government, the head of the Publicity Department said the specific situation was unclear and supported both parties in resolving the matter through legal channels in court. -01- Rumor or Fact? From January 10, various texts about Nongfu Spring's construction damaging forests began circulating online, with a photo of stacked thick wooden stumps and a video of suspected Nongfu Spring excavators working overnight being the most widely spread. The widespread dissemination of these two videos led the public to suspect Nongfu Spring of large-scale logging and forest destruction. According to whistleblower Qiang Wen, Nongfu Spring had even caused significant damage within the national park. But this claim was quickly denied. On January 15, Nongfu Spring issued an official statement saying that the whistleblower, surnamed Qiang, deliberately created the illusion that Nongfu Spring had destroyed precious trees, even placing a Nongfu Spring bottle under felled trees for a staged photo, giving the public the impression that Nongfu Spring was cutting down trees in the forest. The whistleblower deliberately released a photo not taken within the national park, misleading the media and the public, steering public opinion toward 'Nongfu Spring damaging national park trees,' which is clearly a deliberate misdirection. Qiang Wen's report content Through investigation, the reporter learned that according to a notice from the Wuyishan National Park Administration, the construction of the access road was in October 2019, when the area was not yet included in the Wuyishan National Park. After approval by the Fujian Provincial Government on December 25, 2019, the 'Wuyishan National Park Master Plan' included the area into the park's scope. According to the head of the National Park Administration, after the plan was approved, 150 meters of the access road fell within the park. In October, the construction road was not yet within the park's plan. To verify the authenticity of both claims, the reporter visited the scene to recreate the environment of the videos and photos. According to Qiang Wen's exposed video, the access road was built for Nongfu Spring's construction. However, multiple villagers in Da'an Village told the reporter that parts of the road had existed for years, not created by Nongfu Spring's construction, and the road was built by villagers. The access road was extended upstream in October. At the time of construction, the area belonged to Da'an Village and did not involve Da'anyuan Tourism Company's leased land or Nongfu Spring's planned land. Notably, in Qiang Wen's video, trees with a diameter of about half a meter were shown being cut down, but at the site of the damage, the reporter saw only felled trees with diameters smaller than a mineral water bottle. At the scene, the reporter found the location where the widely circulated photo was taken. As Nongfu Spring stated, it was not within the damaged national park access road area. At the site, the reporter saw only one felled tree, but because it was cut into multiple segments and piled up, it created the illusion of many trees being cut. Regarding the felling of this tree, local villagers told the reporter that the felled tree was from the village's forest land, and villagers have historically cut trees for daily life, which is not improper. The local Nongfu Spring manager told the reporter that the company's construction strictly follows government-designated areas, and there is no illegal logging. Additionally, on October 21, 2019, the company signed an agreement with Da'an Village villagers, under which villagers would no longer cut trees in the water source area, and Nongfu Spring would provide an annual compensation of 200,000 yuan for water source protection. Regarding another widely circulated video of Nongfu Spring working at night, the construction manager told the reporter that due to prolonged obstruction by Da'anyuan Tourism Company, Nongfu Spring had repeatedly reported the issue to the local government. On January 11, 2020, under the auspices of the municipal government, protective construction was carried out on Nongfu Spring's project. The nighttime excavator work was due to continuous rain over several days, making truck passage on slippery roads impossible, so excavator buckets were used for transport, not for digging up forests. Regarding Nongfu Spring's claims, Qiang Wen told the reporter that she never publicly stated that Nongfu Spring used excavators to damage forests on the night of the 11th; it was just the fact of excavators being used for construction transport. The widely circulated photo of thick trees being cut was indeed taken near Nongfu Spring's construction site, with no deliberate staging or misattribution, and she never claimed it was done by Nongfu Spring; it was misinterpreted by outsiders. 'This matter itself has nothing to do with Da'anyuan Tourism Company's interests, but as a local, I have the duty to report any illegal destruction of forest land and actions harming the national park's ecology,' Qiang Wen said. 'Our demand is for Nongfu Spring to stop work and conduct a review of the project.' However, Nongfu Spring believes its project is compliant and legal, its construction plans never involved national park land, and the government supports the construction. The demands of Da'anyuan Tourism Company and Qiang Wen are unreasonable. 'Some vegetation in the national park has been artificially damaged, and relevant departments have filed a case,' the head of Wuyishan National Park Administration told China Business Journal. It is reported that on November 18, 2019, local forestry police filed a case, and the investigation results will be announced later. On January 14, 2020, personnel from Wuyishan National Park Administration arrived at the site to guide and urge reforestation. The area has now been reforested as required, clarifying that this incident has no direct connection with the national park. Regarding the situation, the head of Wuyishan National Park Administration emphasized in an interview that before December 25, 2019, the area was not under the park's jurisdiction. According to satellite images, the situation had already occurred before December 25, so the National Park Administration is mainly responsible for restoration work. For other case details, official investigation results prevail. After a field visit, the reporter found that the location where the allegedly felled trees were photographed is not within the damaged national park area but is a village logging area. The two sites are more than 1 kilometer apart. Upstream, Nongfu Spring is building a water storage dam; downstream is one of Da'anyuan Tourism Company's scenic spots. -02- Land Use 'Rashomon' On January 15, the reporter saw in Da'an Village that on the road to Nongfu Spring's construction site, two buses blocked the construction route, and the paths of multiple excavators were obstructed. A representative of Da'anyuan Tourism Company admitted to the reporter that the buses were deliberately parked to obstruct Nongfu Spring's construction. In response, Nongfu Spring believes the obstruction has lasted nearly two months, constituting provocation, and has repeatedly reported to local police. However, Da'anyuan Tourism Company says the land is its legal leasehold, and the action is to protect its leased land from damage, which is not improper. The focus of the dispute is the land use rights of the construction section. Nongfu Spring believes the project involves building a dam upstream and laying pipelines, with all construction following government-planned routes. The government has issued documents proving the project's legality, so there is no infringement. Da'anyuan Tourism Company believes that since 2005, it has signed and fulfilled a tourism development land lease agreement with the village committee, and the land on both sides of the river belongs to it. Nongfu Spring's construction infringes on Da'anyuan Tourism Company's land use rights, and the company is protecting its legitimate rights. During interviews, both parties presented relevant government documents to prove the legality of their claims. Qiang Wen is one of the shareholders of Da'anyuan Tourism Company A representative of Da'anyuan Tourism Company provided the reporter with a copy of the 'Tourism Development Land Lease Contract' signed with the Da'an Village Committee. According to the contract, Da'anyuan Tourism Company leases part of Da'an Village's land from 2005 to 2062. The former village director who signed the contract said the leased land indeed includes the current Nongfu Spring construction site, and Da'anyuan Tourism Company has paid rent annually as per the contract. 'From our village to the foot of the national park, as far as I remember, it was all leased to Yang Duanfeng (Qiang Wen's mother, legal representative of Da'anyuan Tourism Company).' Regarding Nongfu Spring's contract, the village secretary said he had retired when the project was initiated, so he was unaware. In 2019, Nongfu Spring (Fujian Wuyishan) water intake project was approved by the local government, specifying a plan to 'first dig and fill a construction road along the riverbank edge, 4.5-5 meters wide, 50 cm above the water surface, for machinery to enter the construction site.' Nongfu Spring showed the reporter a reply from the Wuyishan Natural Resources Administration dated November 28, 2019, titled 'Reply on Providing Materials for Da'anyuan Eco-Tourism and Red Tourism,' which stated that the Natural Resources Administration had no approval materials for Da'anyuan Tourism Company's project: 'In 2012, our bureau reported the agricultural land of Da'anyuan Scenic Area to the provincial government for agricultural land conversion approval through the Land Acquisition and Reserve Center, and it was approved. However, because Da'an Village villagers did not agree to land acquisition, the land was not transferred to the project owner.' In response, Da'anyuan Tourism Company provided the reporter with the original application planning instructions from the Wuyishan Land Acquisition and Reserve Center, the original land use procedures (tourism service center) approved by the Wuyishan Urban-Rural Planning Bureau in 2011, and copies of approval documents from the Wuyishan Municipal Government and Fujian Provincial Government for agricultural land conversion and land acquisition, to prove its legality. Regarding the authenticity of the documents presented by both parties, the head of the Wuyishan Publicity Department said he was unclear about the specifics and needed to verify with relevant departments. Subsequently, the reporter repeatedly contacted the current village director of Da'an Village, but he refused to be interviewed due to the sensitivity of the incident. From multiple villagers, the reporter learned that the disputed area has indeed been leased to Da'anyuan Tourism Company for years, but whether it involves the area where Nongfu Spring's pipelines and construction pass, villagers could not confirm. 'Da'anyuan Tourism Company has indeed paid rent for the parking lot and Meizilin, but now the land on both sides of the river has not been paid for, and some villagers do not recognize the lease relationship,' one villager said. The reporter visited the Wuyishan Municipal Government to understand the situation. The head of the Publicity Department emphasized that the government's stance is based on official announcements, the government is currently coordinating between the two parties, but also supports both sides in protecting their rights through legal channels. However, when the reporter asked about Da'anyuan Tourism Company's lease contract, the head still said it needed to be confirmed by the local village committee. On January 10, the Wuyishan Municipal Government issued the 'Notice of Investigation into the Infringement Case Reported by Da'anyuan Eco-Tourism Company against Nongfu Spring (Fujian Wuyishan) Drinking Water Co., Ltd.' The document clarified that after multi-departmental research, the local government concluded that Nongfu Spring's project is legal, and Da'anyuan Tourism Company has no right to obstruct. If Da'anyuan Tourism Company believes Nongfu Spring has infringed, it is recommended to handle and resolve the matter through other legal means. The same day, Da'anyuan Tourism Company posted a notice saying it had closed all scenic spots and tourism projects due to continuous illegal infringement. In response, Qiang Wen told the reporter that the company closed the scenic spots not because of external rumors of illegal land occupation, but as a protest against the above notice. -03- A River's Interest Dispute? According to Da'anyuan Tourism Company's official Weibo, its main tourism projects include water rafting, homestays, and river views. According to Tianyancha, Qiang Wen's mother, Yang Duanfeng, is the legal representative. The company was established in 2003 with paid-in capital of 12.18 million yuan and fewer than 50 employees. According to Da'anyuan Tourism Company, its main business revolves around water projects downstream of the river. If Nongfu Spring stores and extracts water upstream, it will affect downstream river flow, directly impacting Da'anyuan Tourism Company's water tourism projects. Although according to the lease contract, Da'anyuan Tourism Company's leased land does not include the river in question, and all of Nongfu Spring's projects are along the river from the intake to the pipelines. But according to Qiang Wen, Da'anyuan Tourism Company's tourism projects are centered on water tourism, and the company leased riverside land to develop the river's tourism resources. Therefore, it is unreasonable to say there is no conflict between the two projects. Additionally, Da'anyuan Tourism Company believes Nongfu Spring's upstream water extraction seriously affects its downstream water tourism projects, and the project never considered the impact on Da'anyuan Tourism Company's operations. In response, the head of the Wuyishan Municipal Government's Publicity Department told the reporter that the environmental impact assessment for Nongfu Spring's project is clear and will not affect downstream life and production. According to materials provided by Nongfu Spring, on April 13, 2018, the Wuyishan Water Resources Bureau reviewed and found that the project's water intake application materials were complete and met legal requirements. Based on expert review opinions from the 'Nongfu Spring (Fujian Wuyishan) Water Intake Project Water Resources Demonstration Report,' the bureau approved Nongfu Spring's water intake request, with an annual intake of 2.17 million cubic meters. This accounts for only 5.71% of the average annual available water supply of Longjingyuan Creek (8.82% in extremely dry years); 2.92% of the average available water supply of Da'anyuan tributary (4.65% in extremely dry years). The Xixi River basin has abundant precipitation and is a water-rich humid area. Calculations show that Longjingyuan Creek's water volume accounts for only 6.77% of Xixi's total, so the project's intake accounts for 0.39% of Xixi's total. The project manager of Nongfu Spring told the reporter that the factory does not extract water continuously year-round; it regularly shuts down for maintenance, so the impact on downstream river flow is very limited. Qiang Wen showed the reporter the 'Nongfu Spring (Fujian Wuyishan) Water Intake Project Water Resources Demonstration Report' issued by the Fujian Provincial Water Conservancy and Hydropower Survey and Design Institute, which specifies that the scenic area involved is the Taipingyang Creek planning area. Taipingyang Creek is one of Da'anyuan Tourism Company's tourist attractions. But Qiang Wen told the reporter that during the municipal government's meetings to discuss and approve Nongfu Spring's project, Da'anyuan Tourism Company was never notified to participate. It was only when Nongfu Spring's factory began construction that they learned of the project details. Regarding the deforestation report, Qiang Wen believes it is a separate issue from the dispute and should not be conflated. Nongfu Spring told the reporter that Qiang Wen's videos on the internet misled the public into thinking the company was extensively cutting down forests for water extraction. Therefore, the company reserves the right to pursue legal liability. Source: China Business Journal Tips will be paid 400-2000 yuan if adopted. If you like this article, click [Watching] and share it with friends.********************