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Rosendale Dairy must clear one more hurdle

By Colleen Kottke • The Reporter ckottke@fdlreporter.com • November 18, 2008

ROSENDALE — A decision requiring an environmental impact statement is just one more hurdle to clear for the owners of a large dairy operation in the town of Rosendale.

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The Wisconsin Department of Natural Resources' decided last week to require additional environmental documentation for Rosendale Dairy. The decision comes as the dairy partners were expecting to receive notice of a draft permit needed to complete the facility based on the operation's already extensive environmental research and assessment filings with the agency.

"We've addressed all the environmental concerns and have spent the last two years conducting extensive environmental research and engineering analysis of our plans," said co-owner Jim Ostrom. "Although the requirement for an environmental impact statement represents a major policy change by the DNR, Rosendale Dairy intends to work cooperatively with the agency in the weeks ahead to achieve the new timeline its staff members have outlined."

Ostrom contends that the extra step in the permitting process will add cost to the $70 million project as a result of additional document preparation fees and other expenses. However, Ostrom says the thorough environmental research already conducted by the farm is consistent with the environmental impact statement process.

"We're required under the federal Clean Water Act to produce a report that adequately describes the potential impacts of that facility to the environment for any business applying for a discharge permit," said Todd Ambes, administrator of the DNR Water Division.

Ambes said the first environmental assessment report addressed the impact of a 4,000-head operation. However, when reviewing citizen comments, DNR officials were made aware of the dairy's goal to double animal numbers in the second phase of the project.

"In order to respond to those comments, we're going to have a final report that looks at the impact from the second phase of the project also," Ambes said. "While the environmental impact statement helps to inform the permit process, it isn't the permit process."

Ambes said by issuing the environmental impact statement, the DNR is fulfilling its obligation under federal law.

"Our job under the law is describing the potential impact," Ambes said. "What we do know is that (Rosendale Dairy) has a nutrient management plan for the first phase of the process. The DNR could permit them at that size and if and when they want to expand, they would need to seek a permit modification."

According to correspondence from DNR Deputy Secretary Patrick Henderson, Ostrom said the DNR expects to release an environmental impact statement in mid-December and provide for a 45-day public input period. A public hearing on the document would occur sometime in January and coincide with the department's hearing on a draft of the Wisconsin Pollutant Discharge Elimination System wastewater permit for the dairy.

An attorney for Midwest Environmental Advocates said the DNR's decision to require further studies is good news for the local grassroots organization that his firm represents.

"While the environmental impact statement doesn't require any particular outcome at the end of the process…the goal is for the DNR to be as aware of the environmental consequences as it can be when it ultimately decides to issue a permit to the dairy," said Jamie Saul. "We would very much like to see the DNR take a proactive stance to protect the environment."

Members of People Empowered Protect the Land (PEPL) of Rosendale have deluged DNR officials with letters, urging the agency to analyze the full environmental impact of the dairy located on County Trunk M in northwest Fond du Lac County. The group contends that the proposed 8,000-head operation would cause significant and permanent impacts to the environment including the storage and application of over 75 million gallons of manure and wastewater per year.

Ostrom said there is a lot of misinformation out in the public and fear of the unknown.

"First of all, we have designed and built a facility that has 100 percent containment and has been heavily scrutinized. We are one of a very small percentage of dairymen that have that standard," Ostrom said. "While we will be starting to milk 700 cows today (Tuesday) this additional requirement has set our growth behind because we're ready to populate now. But there's dozens and dozens of businesses (connected to the project) that have real mortgages to pay that are suffering (because of the delay)."

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