State Representative David Bly, MN District 25B

I received earlier today an update from Charles Skinner concerning the importance of following the rules when it comes to EAW requirements for operation of feedlots over 1000 animal units. Gordon Cumming will present information to the County Board regarding the Boards consideration of a CUP (conditional use permit) request without an EAW (Environmental Assessment Worksheet). Gordon represents the Cannon River Watershed Partnership and therefore represents the interests of the people of Rice County. Some of you may remember this issue came up in the last legislative campaign. The concern here is not that the project should be prohibited but that the conditional use process be conducted in a way that the environment is protected.

It appears the proposed 3,300 finishing hog feedlot in Wheeling Township will be approved without an EAW being done for it. There is a discrepancy in animal unit (au)designation for a finishing hog feedlot between our county ordinance (.4 au per finishing hog equals 1320 au) and state (.3 au per finishing hog equals 990 au). The State says feedlots of 1000 au and up must have an EAW, so the producer is hoping the State (.3) will override the county ordinance. Federal designation, is .4. and if the project applies for a federal permit (NPDES for 1000 au and over)then perhaps that would override the State. But environmental review must come BEFORE any permit is given when there is still time to make changes to the plan.

The Planning Commission held a hearing (only near neighbors received a notice) on Feb. 17. The EAW should have been mandatory. It should still be done due to the problem that the proposed development is near a waterway that runs to the Zumbro River, which is impaired.

Here is Charley’s note:

Hi Friends,
Below is an important and urgent message about an imminent feedlot issue, regarding matters of concern to residents everywhere in Rice County

Gordon Cumming from CRWP (Cannon River Watershed Partnership) will be going to the County Board, Tuesday morning at 8:30, March 8, to present concerns about the consequences of a feedlot for the Cannon River Watershed, including the Cannon River itself. So this could have consequences for anyone interested in the health of the river and the watershed.

I encourage as many of you as possible to show up to show your support of Gordon and his presentation.
Thanks,

Charley

Following is the information from: Gordon Cumming
Subject: EAW Requirements for operation over 1000 AU

Dear Commissioners,

It has recently been brought to the attention of CRWP that the Rice County Commissioners intend to grant/pass a CUP request allowing construction and operation of a 1,320 AU hog operation in Wheeling Township without requiring an Environmental Assessment Worksheet.

The intent of my email is not to halt the intended operator from constructing and running the intended operation. It is to inform the commissioners of the “triggers” in place that require proper review of the potential impacts and vetting of those impacts prior to awarding a permit.

In reviewing the Rice County Feedlot Ordinance, and other documents, I have provided the following excerpts:

SECTION 727 GENERAL PROVISIONS
- 727.001 Jurisdiction. The jurisdiction of this Ordinance shall apply to all the areas of Rice County outside the incorporated limits of municipalities.

727.003 Application.
a. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements to satisfy the Intent and Purpose of this Ordinance.
b. Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

728.004 Animal Unit (AU). A unit of measure used to compare differences in the production of animal manures that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this ordinance, the following equivalents shall apply:
- one swine 55 pounds or more .4 (which is equal to 250 animals)

Here are some concerns about why Rice County MUST require an EAW

The most basic is Rice Ordinance, 727.003(b) requiring the county to use the more restrictive or higher standard regardless of other standards, and according to 728.004 Animal Units (AU) Rice county has a .4 multiplier.

Others include:
These are excerpts from the state “simple” feedlot ordinance book.

The federal animal-unit values for several animal types are different than those listed in this Minnesota rule. If changes are needed to meet federal requirements, owners will be required to meet the requirements for the federal animal-unit values. For example, a swine finishing operation having 900 animal units (based on 0.3 animal units per swine, the Minnesota rule) would have to apply for and obtain an NPDES permit if federal requirements require Minnesota to apply the 0.4 animal unit value. If the change is required, the new animal-unit total for the site would be 1,200 animal units (REVISED FEEDLOT RULES AT A GLANCE, Minnesota Rules chapter 7020, pg. 2).

“A National Pollutant Discharge Elimination System (NPDES) permit or State Disposal System (SDS) permit is required for all feedlots with 1,000 animal units or more” (REVISED FEEDLOT RULES AT A GLANCE, Minnesota Rules chapter 7020, pg. 5).

Reasons why and EAW may be required
“An Environmental Assessment Worksheet. (EAW) may be prepared for two reasons. Most are required by mandatory categories in the rules, which cover projects of a nature, size, or location which “may have the potential for significant environmental effects” Other EAWs are ordered by governmental units either on their own initiative or as a result of a citizen petition when the facts indicate the project “may have the potential for significant environmental effects.”

While it is not determined, either 3,300 or 1,320 swine may have the potential to impact the air, and or water quality in Rice County.

Why we have/use Environmental Review:
“Environmental Review is intended to be used as an information source in the decision-making processes. In order to serve its purpose, Environmental Review must be built into decision-making processes at an early stage, before approvals are given for the project. For this reason, the rules prohibit governmental units from making a final decision to grant any permit or approval necessary until the Environmental Review is completed. However, decisions to deny permits can be made before Environmental Review is completed since these decisions stop the project and eliminate the need for Environmental Review.”

Another note on why in this case an EAW is mandatory.

MN Rules, (reference Rule number pulled from Rice Ordinance)
4410.1000 PROJECTS REQUIRING AN EAW.
Subpart 1. Purpose of an EAW. The EAW is a brief document prepared in worksheet format which is designed to rapidly assess the environmental effects which may be associated with a proposed project. The EAW serves primarily to:

A. aid in the determination of whether an EIS is needed for a proposed project; and

B. serve as a basis to begin the scoping process for an EIS.

Subp. 2. Mandatory EAW categories. An EAW shall be prepared for any project that meets or exceeds the thresholds of any of the EAW categories listed in part 4410.4300 or any of the EIS categories listed in part 4410.4400.

4410.4300 MANDATORY EAW CATEGORIES.
Subp. 29. Animal feedlots. The PCA is the RGU for the types of projects listed in items A and B unless the county will issue the feedlot permit, in which case the county is the RGU. However, the county is not the RGU prior to January 1, 2001.

A. For the construction of an animal feedlot facility with a capacity of 1,000 animal units or more or the expansion of an existing facility by 1,000 animal units or more if the facility is not in an area listed in item B.

When reviewing and combining the above data and requirements, and information provided on your agenda the following seem clear:

- Rice County ordinance requires the use of the MORE restrictive standards (727.003 Application.), and that standard is .4 for swine over 55 lb (728.004 Animal Unit (AU)
- EQB documents Table 1 above indicates that a NEW operation with 1000 AU or more requires an EAW.
- In addition this operator MUST apply and obtain an NPDES, and possible and SDS permit to operate.
- State rules above require them as well.