á Review and approval authority of manure storage
facilities and runoff control systems
á Manure Management Plan review and approval
á WPDES (construction site) Stormwater discharge
permit
2. The following documents have been used in
conducting this environmental analysis:
á Wisconsin Pollutant Discharge Elimination System
(WPDES) Permit application
á Environmental Analysis Questionnaire for
Livestock Operations completed by Lynn Sedelbauer, President of Sedelbauer
Farms.
á Preliminary Manure Management Plan prepared by
Mahlon R. Nordahl, Consultant
á Soil survey maps, topographic maps, wetland maps
and aerial photographs
á Internal Department correspondence regarding
possible environmental impacts associated with the operation
DNR EVALUATION OF PROJECT SIGNIFICANCE
(complete each item)
1. Environmental
Effects and Their Significance
Discuss the short‑term
and long‑term environmental effects of the proposed project, including
secondary effects, particularly to geographically scarce resources such as
historic or cultural resources, scenic and recreational resources, prime agricultural
lands, threatened or endangered species or ecologically sensitive areas, and
the significance of these effects.
(The reversibility of an action affects the extent or degree of impact.)
Physical
Sedelbauer
Farms, Inc. is located in a rural setting, approximately 1½ miles
Southeast of Hixton, in Jackson County.
There are a few scattered homes within a mile of the proposed expansion
and one home approximately 2500 feet away. Approximately 2 acres of land will be disturbed as a result
of construction of calf barns and expansion of feedlots. Approximately 2,000 cubic yards of
earth will be excavated. Nearly
all fill material will be purchased and hauled in and no long-term stockpiling
of soil is anticipated as a result of this project.
The
soil profile for the area of the proposed construction is that of moderately to
excessively drained sand, with some variability.
Short-term
physical impacts will be primarily associated with the construction of the
heifer operation. A large increase
in traffic is not expected to occur during and after construction. The proposed area of projects is
located in a very rural area and currently is not a heavily traveled area. The disturbance of former cropland,
noise from machinery, and traffic from construction equipment are the expected
short-term environmental impacts.
Impacts dealing with storm water runoff from the site during
construction have the potential to result in environmental impacts. A stormwater discharge permit is
required that should, if followed, prevent serious erosion problems and the
discharge of pollutants into waters of the state. The potential impacts associated with construction
activities will be relatively short in duration and are not expected to be
significant.
The
primary physical impact associated with the facility is that odors in the
immediate area could be objectionable on certain days of the year. Odors from the facility, especially
during landspreading activities, are an unavoidable impact. The facility will minimize this impact
landspreading when humidity, ambient temperature and winds are such that odor
is minimized. Water usage for the facility will consist of an
estimated 80,000 gallons of water per day, almost all for livestock
watering. A High Capacity Well
Permit is not expected to be required.
Long-term physical
impacts include visual impacts.
The construction of the operation will result in visual changes at the
site as a result of new buildings.
Another long- term physical impact is fugitive dust emissions from
increased truck traffic, as well as increased particulate matter emissions from
grain and feed handling, grain drying, grain storage, feed milling, and manure
handling. Fugitive dust emissions would be subject to emission limitations
under s. NR 415.04, Wis. Adm. Code, and would require the operation to suppress
fugitive dust wherever practical.
The Department has the authority to require a fugitive dust plan if
complaints about dust problems arise.
Road access to the facility needs to be managed in a way that minimizes
the increased disturbance from noise and dust to area residents and their
properties. Given that much of the land in the area is used for agriculture and
is relatively sparsely populated, increased traffic and visual impacts are not considered
to be significant. In addition,
while the physical appearance of the site will be substantially changed, the
use of the site will remain agricultural in nature.
Biological
No
specific animal or plant inventories have been conducted at this location. NHI indicates state threatened wood
turtle observed in 1979 along Tank Creek, in S1/2 section 16, less than 1 mile
from project site. There are no
approved landspreading sites within the Tank Creek Watershed. Any new landspreading sites must be
approved through the Manure Management Plan prior to use. The immediate farm
area, former cropland, would be expected to provide habitat for common animal
species acclimated to farm operations.
All land utilized for construction has been general cropland for over 20
years.
Provided manure land spreading is limited to
existing croplands and application practices avoid increased nutrient loading
to surface waters (see later discussion in this section), no serious threat to
sensitive resources in the vicinity would be expected. Therefore, long-term significant
impacts on terrestrial animals and vegetation are not expected.
No waterways or aquatic resources will be
re-routed or altered as a result of this project.
The closest navigable water is TANK CREEK, a
Class I Trout Fishery approximately .75 miles from the proposed
construction. A cold water
community such as Tank Creek contains excellent water quality and is capable of
supporting a community of cold water fish and aquatic life, which are sustained
by natural reproduction. As a result, Tank Creek is determined to be an
Exceptional Resource Water and is recognized so by NR 102 and 104, Wis. Adm.
Code. Another navigable water
approximately 1.5 miles from the proposed construction is the TREMPEALEAU RIVER. The TREMPEALEAU RIVER is classified as
a Class II Trout Fishery and is considered to be an impaired 303(d) waterway below Arcadia in Trempealeau
County. Furthermore, a small,
unnamed creek, eventually feeding the South Branch Trempealeau River, is present
near the construction project. The
unnamed creek appears intermittent and runs through the center of the SW 1/4 of
SE 1/4 of section 15. The proposed
facility expansion is located approximately 400 yards from the unnamed creek
and is considered the headwaters area of the creek. The creek is not expected
to be adversely impacted from the proposed expansion project because of the
approximately 400 yard separation distance, incorporation of filter strips and
settling basins, and stormwater permit and erosion controls. Short-term impacts on area surface
waters or wetland resources are not expected during construction of the
operation if BMPs are implemented and maintained for storm water runoff
control.
The most significant possible long-term biological
impact is associated with the production of manure at the site. It is anticipated that approximately 29,760 tons will need to be landspread every
year. Nutrients associated with
manure can have detrimental impacts on groundwater (nitrogen) and surface
waters (nitrogen and phosphorus) if not properly land applied. Biochemical oxygen demand associated
with manure can reduce dissolved oxygen levels in surface waters. In addition, ammonia in the manure can
be toxic to fish and aquatic life.
The land application of manure on area cropland
poses the greatest risk of environmental impact if it is not done
properly. Impacts from nutrient
loadings, biochemical oxygen demand and ammonia are water quality concerns with
surface waters. Since this
operation will require coverage under a WPDES permit due to its size,
landspreading of its manure is regulated in accordance with a Department
approved Manure Management Plan.
The Manure Management Plan can be an effective tool to proactively
address possible problems that would otherwise be associated with poor manure
landspreading activities.
Following conditions in the Manure Management Plan for setback
distances, appropriate application rates and timing, and record keeping should
result in direct benefits to the environment.
The draft permit includes injection and
incorporation requirements based on proximity to surface waters which are
intended to ensure that manure does not runoff to surface waters and cause
short-term impacts associated with biochemical oxygen demand and ammonia.
Examples of specific restrictions include that
manure shall not be landspread:
á
in a waterway,
terrace channel or any areas where there may be concentration of runoff
á
on fields with
soils less than 10 inches thick over fractured bedrock
á
beyond the
cropping boundaries of fields identified in the Manure Management Plan
á
restrictions on
landspreading manure on frozen or snow covered ground (300 feet from a stream,
on land of 6%slope or less, lower application rates)
á
such that ponding
on or run off from sites occur
Usually manure application rates are based on
the nitrogen needs of the crop. Since crops utilize more nitrogen than phosphorus, if
manure is applied to the nitrogen needs of the crop on a regular basis,
phosphorus soil levels will become elevated over time. In order to protect against
increased phosphorus loadings to area surface waters, the proposed WPDES permit
would require that the operationÕs Manure Management Plan address phosphorus
loadings from fields where the operation landspreads manure. While phosphorus is a critical
component of ensuring healthy crop growth, excessive phosphorus that is applied
on land can make its way to surface waters where it contributes to excessive
algal growth. Excessive algal
growth contributes to such problems as low dissolved oxygen in surface waters,
a problem that is occurring in the surface water listed above. The permittee will need to implement
field and site specific restrictions and practices as part of their Manure
Management Plan submitted to the Department for review and approval. These restriction and practices will
need to take into account existing soil nutrient levels, buffers, crop
rotations, and other relevant factors.
Specific restrictions will also be placed in the proposed WPDES permit
for the operation that are designed to address phosphorus impacts associated
with the operationÕs landspread manure
Landspreading manure in accordance with an
acceptable Manure Management Plan is advantageous to both the farmer and the
environment. The nitrogen and
phosphorus from the manure provide nutrients for crop growth and lowers the
need for commercial fertilizer. In many instances, the net nutrient application
will not change, only the type of fertilizer. When manure is spread in suitable amounts and promptly
tilled into the soil, the potential of runoff causing off-site problems is
minimized. The proposed WPDES
permit will regulate the application rates, applied acreage, spreading
techniques and other specifications through the Manure Management Plan. The operation will also be required to
conduct manure and soil sampling to determine appropriate application rates,
depending on soil and crop types.
If the operation conducts landspreading in
accordance with an approved Manure Management Plan, maintains an adequate land
base for landspreading, and properly inspects and maintains manure storage
facilities and runoff control systems, the threat to groundwater and surface
water should be minimal under normal operating and climatic conditions.
Cultural
Per a December 18,2002,
review of Department records and databases, there are no known archeological or
historical resources that will be impacted by the operation.
The site will not be significantly changed in
terms of type of land use as a result of the proposed operation expansion. The site is zoned for agriculture,
which is the predominant land use in the area, and will not need to be changed
as a result of this project.
However, there may be adverse indirect impacts associated with the
proposed operation expansion, primarily related to non-agricultural uses of
lands in the area. There may be
decreases in land values associated with residential uses within areas zoned as
agricultural due to concerns, real or perceived, associated with the operation
(increased traffic, odors, etc.).
It is difficult to assess the extent or existence of such impacts and
these impacts are beyond the regulatory authority of the Department.
The proposed operation expansion will also have
indirect effects. The area's
economy may change through jobs associated with the operation and an increase
in the area's tax base. The operation currently employs about four local
residents and will likely add one or two employees after expansion. Sedelbauer Farms
Inc. will generate a total increase in gross dollars of approximately 1,000,000
dollars once fully developed. A
large portion of the gross dollar increase will enter the local economy as a
result of added employment opportunities and business such as the operationÕs
purchase of supplies and services.
2. Significance
of Cumulative Effects
Discuss
the significance of reasonably anticipated cumulative effects on the
environment (and energy usage, if applicable). Consider cumulative effects from repeated projects of the
same type. Would the cumulative
effects be more severe or substantially change the quality of the
environment? Include other
activities planned or proposed in the area that would compound effects on the
environment.
There is a trend in the livestock industry
towards larger-scale facilities of this kind. Large scale operations have rapidly become an economic
necessity due to changing pricing structures and the need to reduce capital
inputs while maximizing production.
Economies of scale associated with CAFOs have allowed producers to
increase production without increasing costs. If numerous projects of this type are proposed in this area
there is a concern that the land base available for landspreading manure could
be overwhelmed and would make a number of such projects nonviable, primarily
with respect to costs associated with hauling manure long distances for
landspreading. The Department is
not aware of additional projects of this type in such a vicinity that the availability of land for manure
application would be inadequate.
The nearest farm with a WPDES Permit is Heller Farms, approximately 5 miles northeast of this location
in Jackson County.
Any future projects will be examined at the
appropriate time. With each new
operation or expansion proposed, cumulative effects such as impacts from manure
landspreading activities are considered.
Unless these facilities are poorly sited or concentrated in a small
area, the cumulative impacts to the environment should not be significant.
3. Significance
of Risk
3a. Explain
the significance of any unknowns which create substantial uncertainty in
predicting effects on the quality of the environment. What additional studies or analysis would eliminate or
reduce these unknowns?
The operationÕs existing runoff control systems
will be evaluated either prior to issuance of the proposed permit or as part of
a permit schedule to determine if they have been built in accordance with
currently accepted standards. If
the facilities fail to meet current standards the operator will be required to
upgrade the facilities to meet current standards in accordance with a schedule
in their proposed WPDES permit.
Construction of the new calf barn on this existing site began in the
fall of 2002. The timeline for
construction is 2002 Ð 2004, with animal unit goals being reached by 2004. It is anticipated that soil disturbance
due to construction will occur for 2 months from the initial start. All
existing feedlot expansions will also be completed by 2004. Department review and approval of the
current proposal (4 new small shelters/feeding area) was completed in March of
2003.
Any existing and future proposed manure storage
and runoff control facilities at the operation will be built in accordance with
currently accepted standards to minimize the risks of ground and surface water
contamination.
Due to the unknown long-term groundwater effects
of continuous use of the large common heifer exexcise lot (greater than 10
acres), the permit requires Sedelbauer Farms to develop a plan to monitor and
mitigate possible groundwater contamination. If Sedelbauer Farms does not provide such a plan by the
specified due date, the Department may require the installation of groundwater
monitoring wells or other techniques to monitor and mitigate groundwater
contamination.
Ensuring the runoff control systems meet
currently accepted standards is intended to address possible adverse impacts to
ground and surface waters. Once
the proposed permit is issued, the operation will be required to obtain
Department approval of all proposed new manure storage and runoff control
facilities prior to construction to ensure that the facilities meet current
standards.
The operation must comply with its WPDES permit
and associated Manure Management Plan or be subject to enforcement action (see
additional discussion in this section).
Consequently, the landspreading of manure should not yield any
substantial increase in risk to the environment. The Manure Management Plan will include acres that may not
have previously been managed in accordance with a nutrient management plan,
which could mean environmental benefits compared to existing manure application
practices.
The nutrient content of manure may vary. Unidentified variations in nutrient
content may result in over-application of nutrients (nitrogen in particular)
that could impact groundwater. The
WPDES permit issued to this operation will require manure and soil testing to
ensure this does not occur.
Since landspreading of the solid manure (no
water added) is done daily, the risks of significant environmental damage are
greatly reduced. There is less
volume of manure to runoff, as compared to a dairy facility of comparable size,
and the consistency of the manure makes run off less likely. However, due to increasing public
concern regarding possible run off from frozen or snow covered ground, the
permit requires a professional analysis of the future manure storage needs of
this facility be completed by March 1, 2004.
These factors are sufficient to indicate that
the risk of environmental harm is not significant provided permit restrictions
are followed.
3b. Explain the
environmental significance of reasonably anticipated operating problems such as
malfunctions, spills, fires or other hazards (particularly those relating to
health or safety). Consider
reasonable detection and emergency response, and discuss the potential for
these hazards.
Possible operating problems that could impact
the environment include failure of manure handling and poor manure land
application practices that lead to nutrient runoff to surface waters or
leaching of nutrients to groundwater.
Department review of any proposed manure storage
and feed storage facilities or evaluation of any existing storage facilities to
ensure that they are appropriately designed (for example, berm slopes and
storage volume) makes the probability of failure of storage facilities highly
unlikely. In addition, the operation will need to address small-scale manure
spills as part of their operation and maintenance plan for the operation or as
part of the proposed WPDES permit.
This plan typically addresses spills associated with general operation
and maintenance of the operation.
These small "spills" may not represent an immediate
environmental impact but may need to be addressed by the operation (e.g.,
scraping areas where small amounts of "spilled" manure have
collected, changing operating procedures to avoid small "spills") to
ensure that impacts to waters of the state, primarily through runoff resulting
from storm events, do not occur.
Massive failure of the manure storage facility (if constructed in the future) would likely be formally defined
as a spill under Ch. NR 706, Wis. Admin. Code. Chapter NR 706 describes requirements for immediate
notification of the Department in the case of a spill. A requirement to follow
Ch. NR 706 is included in the proposed WPDES permit. Inappropriate or inadequate responses (i.e., time frame of response
and action taken to eliminate or mitigate environmental impact) to spills and
associated environmental impact are subject to Department enforcement. However, Department and permittee
action is contingent on a case-by-case evaluation of actual environmental
impact and correction actions taken by the operation.
Department inspections based on complaints or
general compliance monitoring efforts will help to serve to evaluate whether
the operation is properly addressing minor "spills." In addition, the operation will be
required to conduct inspections of storage facilities to ensure that more
significant problems are addressed prior to any sort of massive facility
failure.
If the permittee landspreads manure in
accordance with a Department approved Manure Management Plan, which does not
allow poor land application practices, operating practices should have minimal
impacts on the environment.
4. Significance
of Precedent
Would a decision on this proposal influence
future decisions or foreclose options that may additionally affect the quality
of the environment? Describe any
conflicts the proposal has with plans or policy of local, state or federal
agencies. Explain the significance
of each.
No.
All future projects will be evaluated by their own specific adverse and
beneficial impacts. There are
other similarly sized operations in Wisconsin. Each individual project is considered separately based on
its own merits.
The Department primarily considered issues that
fall under our regulatory authority as part of this analysis. The project is not known to conflict
with plans or policy of local, state, or federal agencies. The operation will need to apply for
and receive the appropriate approvals from all involved agencies prior to
operating. Permitting this
operation would not foreclose future options for taking necessary actions to
protect the environment (i.e., revocation or modification of the permit). In actuality, through enforcement of
the WPDES permit, the Department has a means to avoid or address possible
environmental impacts associated with the operation.
5. Significance
of Controversy Over Environmental Effects
Discuss the effects on the quality of the
environment, including socio-economic effects, that are (or are likely to be)
highly controversial, and summarize the controversy.
There is the possibility that public controversy
may be generated as a result of the permitting of this operation. State and area citizens may express
concerns about the environment such as possible air and water quantity/quality
issues. The Department has some authority to address odor complaints should
they arise. The Department is
starting a process to study and address odor and air toxicity issues from
livestock operations on a statewide basis. This study is expected to develop standards and voluntary
best management practices to reduce or minimize potential problems from CAFOs.
Water quantity issues are addressed to a certain extent if the operation is
required to obtain a high capacity well approval (not proposed for this
project). However, neither of
these issues is addressed by the issuance of the proposed WPDES permit, which
is strictly intended to address the water quality concerns.
There may also be socio-economic concerns such
as animal treatment issues, the trend towards large-scale farming in the state,
impacts larger-scale farming may have on the viability of smaller operations
and concerns of smaller operations and non-farming rural inhabitants regarding
changes in the agricultural landscape associated with CAFOs. The socio-economic issues are difficult
to quantify and there is significant disagreement as to the validity of these
concerns. These socio-economic
issues are beyond the scope of the proposed WPDES permit and the DepartmentÕs
overall regulatory authority. At
this point, these issues can be addressed through local zoning and through
implementation of comprehensive land use planning by the local unit of
government.
Briefly describe the impacts of no action and
of alternatives that would decrease or eliminate adverse environmental
effects. (Refer to any appropriate
alternatives from the applicant or anyone else.)
EVALUATION OF EXISTING FACILITIES
The DepartmentÕs alternatives when evaluating
existing runoff control and/or manure storage facilities either as part of
processing a permit or the permit itself are:
á
Determine that the
facilities meet current standards and require no further action on behalf of
the operation.
á
Determine that the
facilities do not meet current standards and allow the operation the option of
abandoning the structure, upgrading the facility, replacing the structure or
require long-term groundwater monitoring around the structure (with possible
future upgrades depending on the results of the monitoring).
The selected alternative will be based on the
information collected as part of this environmental analysis and further
Department review.
REVIEW OF NEW FACILITIES
The DepartmentÕs alternatives for review of
proposed runoff control and/or manure storage facilities either as part of
processing a permit or the permit itself are:
á
Deny the plans and
specifications for the design of the proposed facilities based on water quality
concerns and require resubmittal of plans and specifications.
á
Approve the plans
and specifications for the design of the proposed facilities without
conditions.
á
Approve the plans
and specifications for the design of the proposed facilities, but with
conditions requiring additional components to the facilitiesÕ design or
operation based on water quality concerns.
The selected alternative will be based on the
information collected as part of this environmental analysis and further
Department review.
WPDES PERMIT
Within the constraints of the DepartmentÕs
existing permitting authority for CAFOs, the Department has
