STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY FINDINGS OF FACT

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1 STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY IN THE MATTER OF THE DECISION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED AHRENDT BROTHERS CATTLE EXPANSION PROJECT MOUND TOWNSHIP, ROCK COUNTY MAGNOLIA, MINNESOTA FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT Pursuant to Minn. R (2005), the Minnesota Pollution Control Agency (MPCA) staff has prepared an Environmental Assessment Worksheet (EAW) for the proposed project. Based on the MPCA staff environmental review, comments, and information received during the comment period, and other information in the record of the MPCA, the MPCA hereby makes the following Findings of Fact,, and Order: FACILITY HISTORY Overview The Ahrendt Brothers currently operate a 900 head cattle finishing facility (Facility) in Rock County (Section 14 of Mound Township). The Facility includes a 70 foot by 300 foot open lot and a 100 foot by 280 foot confinement barn. The open lot was constructed in 1985 and the confinement barn in Permitting History The Ahrendt Brothers feedlot has received the following certificates of compliance and permits from Rock County for their existing operation: Certificate of Compliance, 3/06/98 Land Use Permit, 7/26/02 Construction Short Form, 8/28/02 Previous Environmental Review No previous environmental review action has been undertaken for this proposal. Compliance/Enforcement History The Ahrendt Brothers feedlot was inspected by Rock County on December 30, 2002, and January 30, In addition, the MPCA inspected the site on January 28, No enforcement actions were taken as a result of any of the inspections conducted by Rock County or the MPCA. PROPOSED PROJECT DESCRIPTION TDD (for hearing and speech impaired only): (651) Printed on recycled paper containing at least 30% fibers from paper recycled by consumers

2 The Ahrendt Brothers are proposing to expand their existing 900 head (900 animal units) beef cattle operation (Project) located in Section 14, Mound Township in Rock County by 900 head, for a total of 1,800 head or 1,800 animal units (AU) of cattle. The expansion will include construction of a Natural Resource Conservation Service (NRCS) engineered stormwater retention pond to collect stormwater and any manure contaminated runoff. The stormwater retention pond will have a two foot thick compacted clay liner constructed according to the liner design requirements of Minn. R In addition, a 100 foot wide by 360 foot long total confinement monoslope building will also be constructed. The proposed building will have a capacity of 900 head of finishing beef cattle. All cattle in the new building will be covered entirely by a roof. The barn will be constructed with six foot high concrete walls, metal rafters and a metal roof. The building will be constructed according to Minnesota State building codes and NRCS engineering specifications Cattle manure will be scraped and surface applied when field conditions support the weight of the tractor and spreader. Manure will be incorporated within 24 hours when applied within 300 feet of sensitive areas. Manure in non-sensitive areas will be incorporated as soon as field conditions allow incorporation. A 100 foot setback will be observed at all lakes, rivers, streams or intermittent streams. In addition, a grassed buffer at least 16.5 feet wide will be maintained along all lakes, rivers, streams or intermittent streams in areas designated to receive manure. If conditions do not allow applications, cattle manure will be stored on clay based soils until field conditions permit application. Environmental Concerns The proposed Project exceeds the current EAW threshold of 1,000 AU; hence, a mandatory EAW was required in accordance with Minn. R , subp. 29. Environmental concerns related to feedlot facilities generally include: Air quality hydrogen sulfide, ammonia, and odors Surface water impacts Ground-water impacts Water supply Additional Concerns Described in Comment Letters (Addressed in Appendix B, Response to Comments) The concerns described in the comment letters dealt with the potential impacts to surface water and ground-water. No additional concerns were raised in the comment letters. Community Involvement in Process In addition to the 30 day public comment period for the EAW, the community will have an additional opportunity to become involved in the process during the Rock County Conditional Use Permit process, which entails a local public hearing for the proposal. The Conditional Use Permit hearing will be held after the environmental review process is completed. PROCEDURAL HISTORY 1. Pursuant to Minn. R , subp. 29, an EAW was prepared by MPCA staff on the proposed Project. Pursuant to Minn. R (2005), the EAW was distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on August 1, The MPCA notified the public of the availability of the EAW for public comment. A news release was provided to interested parties on August 1, In addition, the EAW was published in the 2

3 EQB Monitor on August 1, 2005, and available for review on the MPCA Web site at: on August 1, The public comment period for the EAW began on August 1, 2005, and ended on August 31, During the 30 day comment period, the MPCA received two comment letters from the Minnesota Department of Natural Resources and did not receive any comment letters from citizens. 4. The MPCA prepared responses to all comments received during the 30 day public comment period and has incorporated them by reference as Appendix B to these findings. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS 5. Under Minn. R (2005), the MPCA must order an Environmental Impact Statement (EIS) for projects that have the potential for significant environmental effects that are reasonably expected to occur. In deciding whether a project has the potential for significant environmental effects, the MPCA must compare the impacts that may be reasonably expected to occur from the project with the criteria set forth in Minn. R , subp. 7 (2005). These criteria are: A. the type, extent, and reversibility of environmental effects; B. cumulative potential effects of related or anticipated future projects; C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and, D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the Project proposer, including other EISs. THE MPCA FINDINGS WITH RESPECT TO EACH OF THESE CRITERIA ARE SET FORTH BELOW Type, Extent, and Reversibility of Environmental Effects 6. The first criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is the "type, extent, and reversibility of environmental effects" Minn. R , subp. 7. A (2003). The MPCA findings with respect to each of these factors are set forth below. 7. Reasonably expected environmental effects of this Project to air quality: Hydrogen Sulfide Emissions Ammonia Emissions Odor 8. The extent of any potential air quality effects that are reasonably expected to occur: A. Hydrogen Sulfide Emissions 3

4 Hydrogen sulfide emissions from livestock operations are generally a function of the animal waste strength and the storage method. High strength livestock waste stored in liquid or semi-liquid conditions has a potential to generate hydrogen sulfide gas which is emitted into the ambient air. Beef cattle waste is generally a low strength material and in solid form, is not typically a high hydrogen sulfide air emission source. Ahrendt Brothers will manage all beef cattle waste in solid form. Based on the animal species type, animal housing method and manure storage method, this proposed Project is not likely to create or contribute to violations of the state ambient hydrogen sulfide air quality standards nor will they exceed the Minnesota Department of Health s (MDH) inhalation health risk values (ihrvs) for hydrogen sulfide. B. Ammonia Emissions Ammonia emissions from the proposed Project will have a minimal impact on the environment and are not expected to exceed the MDH s ihrvs for ammonia. The MPCA bases this finding on ambient ammonia air quality monitoring data of similar livestock operations. The MPCA has collected ambient air quality ammonia data near livestock operations around the state. This data has not been collected near the proposed Project area. However, based on the ambient ammonia air quality data collection method and the nature of this operation, the MPCA data is representative of the reasonably expected ammonia emissions and ambient concentrations for this Project. The MDH s ihrvs are applied at the receptor location. The 13 week average subchronic ihrv value for ammonia is 14 parts per billion (ppb), while the one-hour average acute ihrv ammonia value is 4,602 ppb. The annual averaged ihrv ammonia value is 115 ppb. MPCA data indicates that most ambient concentrations of ammonia are typically in the single digit part per billion range in the rural setting. As a result, ammonia emissions are not reasonably expected to exceed applicable ammonia ihrvs and are therefore not expected to create the potential for a significant environmental impact. C. Odors Livestock operation odor is generally considered to be a summation of sources including the animal waste, animal housing, animal waste storage and the livestock herd. In general, beef cattle waste has a relatively low strength (in terms of odor) in comparison to the waste of other livestock species, and is not expected to create a significant odor event in this Project in light of the storage and handling of the waste. Manure will be generated within the confined beef cattle lot. Manure handling is one of the primary odor management factors for beef cattle operations. One of the most important factors to control odor in beef cattle lots is the moisture content of the beef cattle waste. Dry beef cattle waste has an extremely low odor potential. The proposed Project will provide two features that greatly reduce the potential for odor by controlling the moisture potential of the animal waste and odor from land application. The first management practice is the use of straw and cornstalk bedding material, this acts as an absorbent for excess moisture and a carbon source that provides an ideal carbon/nitrogen ratio for effective composting. The second practice the proposed Project will employ is a scrape and haul manure management technique to remove beef cattle manure from the livestock housing system. Frequent removal of beef cattle waste from a cattle lot reduces the likelihood that the animal waste will become anaerobic, thus creating an odor source. The temporary stockpiling method 4

5 provides a natural odor control. A crust can form which appears to reduce or eliminate any potential odor from the stockpile. 9. The reversibility of any potential air quality effects that are reasonably expected to occur: The MPCA finds that any potential effect that is reasonably likely to occur from this proposed Project would be reversible. As discussed above, the expected effects on air quality are minimal. The proposed Project is not reasonably expected to cause a potential for significant negative effects on air quality. 10. The MPCA did not receive any comments that expressed concern regarding potential effects to air quality. As discussed above in Findings 7 and 8, the analysis indicates that the potential effects on air quality that are reasonably expected to occur are not significant. 11. The MPCA finds that the environmental review is adequate to address the concerns because: All potential impacts to air quality that are reasonably expected to occur from the proposed Project have been considered during the review process and methods to prevent these impacts have been developed. 12. The MPCA finds that the Project, as it is proposed, does not have the potential for significant environmental effects based on the type, extent, and reversibility of environmental effects reasonably expected to occur as a result of its air emissions. 13. Reasonably expected environmental effects of this proposed Project to water quality: Ground and Surface Water Water Supply 14. The extent of any potential water quality effects that are reasonably expected to occur: A. Ground and Surface Water The MPCA has reviewed the construction and operation of the existing site and proposed Project, including the land application of manure. The proposed beef cattle barn is a total confinement system that is designed to avoid and eliminate the potential for water quality impacts. In addition, the NRCS approved stormwater retention pond that will be constructed will provide run-off control for the existing open lot and collect any manure contaminated runoff. The land application of manure is designed to be applied in concentrations that facilitate crop yields (i.e., agronomic rates). The use of an agronomic rate avoids or eliminates potential impacts to water resources. The land application information is found in the Manure Management Plan (MMP) and contains such details as the agronomic rates, soil types, land application method and cropping practices. The land application sites where manure will be spread and setbacks to any surface waters, including tile intakes, have been included in the MMP. This information also meets the criteria of the MPCA Feedlot Rules. Land application of the manure is not reasonably expected to result in manure or manure contaminated runoff 5

6 reaching surface waters. The MMP is an enforceable provision of the National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) Permit. B. Water Supply A new well will be installed at the existing feedlot location. The new well will meet all required setbacks from animal holding facilities and manure storage areas. The Minnesota Department of Natural Resources (DNR) has been contacted and has indicated that a new Water Appropriation Permit will not be needed. The existing Water Appropriations permit is satisfactory for the proposed expansion. The purpose of the DNR water appropriation permit program is to ensure water resources are managed so that adequate supply is provided to longrange seasonal requirements for domestic, agricultural, fish and wildlife, recreational, power, navigational, and quality control. The DNR water appropriation permit program exists to balance competing management objectives including both the development and protection of water resources. Minn. Stat. 103G.261 establishes domestic water use as the highest priority of the state's water when supplies are limited. Any well interference or water use conflict would need to be addressed before the water appropriation permit could be issued. In addition, if a well interference arises, the DNR has a standard procedure for investigating the matter. If a commercial operator is found to be causing the problem, the operator must correct it. 15. The reversibility of any potential water quality effects that are reasonably expected to occur: The MPCA finds that any potential water quality effect that is reasonably likely to occur from this proposed Project would be reversible. Though not expected to occur, spills would be managed according to the proposed Project s Emergency Response Plan. Impacts from a short-term, low quantity release would likely be of finite duration and the environment would ultimately be expected to return to current conditions once the source of the impact is removed. As discussed above, and in the responses to comments received on the EAW (Appendix B), the expected effects on water quality are minimal. There is no reason to believe that this proposed Project is reasonably expected to cause a potential for significant negative effect on water quality. 16. Comments received that expressed concerns regarding potential effects to water quality: The comment letters expressed concern that manure storage and land application could cause ground-water and surface water contamination. As discussed above in Findings 14A, 14B and 15, and in the responses to comments received on the EAW (Appendix B), the analysis indicates the effects on water quality that are reasonably expected to occur are not potentially significant. 17. The MPCA finds that the environmental review is adequate to address the concerns because: All potential impacts to water quality that are reasonably expected to occur from the proposed Project have been considered during the review process and methods to prevent these impacts have been developed. 6

7 18. The MPCA finds that the Project as it is proposed does not have the potential for significant environmental effects on water quality based on the type, extent, and reversibility of environmental effects reasonably expected to occur. 19. Reasonably expected environmental effects of this Project to wildlife: Topeka Shiner 20. The extent of any potential wildlife effects that are reasonably expected to occur: The Topeka Shiner (Notropis topeka), a small minnow, less than three inches in total length, has been identified in surface waters within the proposed Project area. Habitat important to the survival of the Topeka Shiner has recently been designated as a critical habitat in parts of southwestern Minnesota including the proposed Project area under the federal Endangered Species Act. The Topeka Shiner is susceptible to water quality changes within its habitat, and has disappeared from several sites because of increased sedimentation resulting from accelerated soil runoff. Any activity which removes the natural protective vegetation covering within a stream's watershed may contribute to this factor, including agricultural cropping, urban development, and highway construction. The proposed Project will not conduct any activities that will disturb or affect the Topeka Shiner habitat. No new previously undisturbed acreage will be brought into agricultural production as a result of this proposed Project. All land application activities in this proposed Project will occur on land that has been in agricultural production. The Project proposers will abide by all applicable land application setback distances to ensure that water resources and aquatic habitats are protected. The land application setback distances are included in the Project MMP and are an enforceable provision of the MPCA Feedlot Permit. 21. The reversibility of any potential wildlife effects that are reasonably expected to occur: The MPCA finds that any potential effect that is reasonably likely to occur from this proposed Project would be reversible. As discussed above, the expected effects on wildlife are minimal. The proposed Project is not reasonably expected to cause a potential for significant negative effects on air quality. 22. The MPCA did not receive any comments that expressed concerns regarding potential effects to wildlife. As discussed above in Finding 20 and 21, the analysis indicates that the potential effects on wildlife that are reasonably expected to occur are not significant. 23. The MPCA finds that the environmental review is adequate to address the concerns because: All potential impacts to wildlife that are reasonably expected to occur from the proposed Project have been considered during the review process and a method to prevent these impacts has been developed. 7

8 24. The MPCA finds that the Project as it is proposed does not have the potential for significant environmental effects on wildlife based on the type, extent, and reversibility of environmental effects reasonably expected to occur. Cumulative Potential Effects of Related or Anticipated Future Projects 25. The second criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is the "cumulative potential effects of related or anticipated future projects," Minn. R , subp. 7.B (2005). The MPCA findings with respect to this criterion are set forth below. 26. The EAW, public comments, and MPCA follow-up evaluation did not disclose any related or anticipated future projects that may interact with this proposed Project in such a way as to identify any potential for significant cumulative environmental impacts that are reasonably expected to occur. 27. The MPCA did not receive any public comments concerning cumulative impacts. Based on MPCA staff experience, available information on the proposed Project, including a review of the MMP, air emission plan, Emergency Response Plan and cattle lot construction plans for the proposed Project, the MPCA does not reasonably expect the potential for significant cumulative effects from this Project. 28. In considering the cumulative potential effects of related or anticipated future projects, the MPCA finds that the potential for reasonably expected effects from this proposed Project will not be significant. The Extent to Which the Environmental Effects Are Subject To Mitigation by Ongoing Public Regulatory Authority 29. The third criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is "the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority," Minn. R , subp. 7.C (2005). The MPCA findings with respect to this criterion are set forth below. 8

9 30. The following permits or approvals will be required for the Project: Unit of Government Permit or Approval Required Status A. MPCA NPDES/SDS Livestock Production Pending with this EAW. Construction, Operation and Stormwater Permit B. Rock County Conditional use or other land use permit To be applied for. A. General NPDES/SDS Permit The MPCA proposes to issue a general NPDES/SDS Livestock Production Permit to the Project proposer, in combination with an NPDES/SDS Construction Stormwater Permit. This is a blended permit that incorporates construction stormwater and feedlot permitting into one permit. The NPDES/SDS Permit contains operating plans that address manure management, emergency response protocols and air quality management. The attachments are an enforceable condition of the NPDES/SDS Permit. B. Rock County Conditional Use Permit The Rock County Conditional Use Permit addresses all local zoning and local environmental regulatory requirements. Local environmental requirements may be more stringent, but not less stringent, than state requirements. 31. The MPCA finds that ongoing public regulatory authority will address any potential for significant environmental effects that were identified as reasonably expected to occur. The Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Available Environmental Studies Undertaken by Public Agencies or the Project Proposer, Including Other EISs. 32. The fourth criterion that the MPCA must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the Project proposer, including other EISs." Minn. R , subp. 7.D (2005). The MPCA findings with respect to this criterion are set forth below. 33. The following documents were reviewed by MPCA staff as part of the potential environmental impact analysis for the proposed Project: Nutrient Management Plan Emergency Response Plan Air Emission/Odor Management Plan NPDES/SDS Permit Application This list is not intended to be exhaustive. The MPCA also relies on information provided by the Project proposer, commentors, staff experience, and other available information. 34. There are no elements of the proposed Project that pose the potential for significant environmental effects that cannot be addressed in the Project design and permit development processes, or by regional and local plans. 9

10 35. Based on the environmental review, previous environmental studies, and MPCA staff expertise on similar projects, the MPCA finds that the environmental effects of the proposed Project that are reasonably expected to occur can be anticipated and controlled. CONCLUSIONS OF LAW 36. The MPCA has jurisdiction in determining the need for an EIS for this proposed Project. The EAW, the permit development process, the facility planning process, responses prepared by MPCA staff in response to comments on the EAW, and the evidence in the record are adequate to support a reasoned decision regarding the potential significant environmental effects that are reasonably expected to occur from this proposed Project. 37. Areas where the potential for significant environmental effects may have existed have been identified and appropriate mitigation measures have been incorporated into the proposed Project design and permits. The proposed Project is expected to comply with all MPCA standards. 38. Based on the criteria established in Minn. R (2005), there are no potential significant environmental effects reasonably expected to occur from the proposed Project. 39. An EIS is not required. 40. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such. ORDER The Minnesota Pollution Control Agency determines that there are no potential significant environmental effects reasonably expected to occur from the Ahrendt Brother Cattle Expansion Project and that there is no need for an Environmental Impact Statement. IT IS SO ORDERED Sheryl A. Corrigan, Commissioner Minnesota Pollution Control Agency Date 10

11 APPENDIX B Minnesota Pollution Control Agency Environmental Assessment Worksheet (EAW) RESPONSES TO COMMENTS ON THE EAW 1. Comments by Joe Oschwald, Hydrologist, Minnesota Department of Natural Resources Windom Area Office, 235 9th Street, Windom, MN Via , received August 18, Comment 1-1: The bedrock in this area is at the surface or near surface. This makes the surficial aquifer very limited in depth and extremely sensitive and vulnerable to contamination. Several of the wells in the vicinity of the feedlot are known to be in the 10-20' range with no confining layer to protect against pollutants. Wells in this aquifer have been known to produce adequate domestic use water of good quality. The generalized flow direction in the surficial aquifer would be generally to the east toward the Rock River. The bedrock wells may also be negatively impacted as the fractured nature of the bedrock may allow the water and any potential contaminants to move in any direction. Wells in the bedrock aquifer can vary tremendously in their ability to produce adequate quantities of water. Any contamination or potential contamination in the vicinity of Blue Mounds State Park is of great concern for the above mentioned reasons. Response: A review of soils maps and well logs in the feedlot facility area, including a log from the site, indicates clay soils are predominant, while overlying fractured bedrock. Logs also show that the clay in this area varies in thickness from 30 to 70 feet, thus providing protection to underlying drinking water sources. No surficial aquifers were identified in any of the well logs. Soil survey maps were also reviewed for all proposed manure application sites. All sites have a minimum of 30 to 36 inches of loam to clay loam soils. These soils provide good available water holding capacity which helps retain water for crop use, and thus lower the potential for nutrients to leach into ground water. In addition, the Project operators will follow the MPCA approved MMP that is designed to protect water resources. All manure will be incorporated within 24 hours. In addition, a 100 foot setback will be observed at all lakes, rivers, streams and intermittent streams, with a grassed buffer at least 16.5 feet wide. These manure management practices and site soil conditions will, therefore, prevent significant environmental impacts to water quality; both surface and ground water. Comment 1-2: Additionally, there are only 2 lakes in Rock County, both within Blue Mounds State Park and both immediately downstream of the proposed expansion site. The utmost in care should be given to designing, building, and monitoring this site. Response: Please see the response to Comment 1-1. Comment 1-3: I would recommend at minimum, annual PCA inspections of the facility and the manure spread areas given the very sensitive nature of the water resources in this area as well as the natural beauty of Blue Mounds State Park.

12 Response: The MPCA s goal is to inspect all feedlots that have been issued an NPDES/SDS permit twice in a five year period. The scope of these inspections will include the requirements applicable to the onsite operation of the facility and a review of the manure application records maintained by the owner. The land application records include information about the application rates, the location of all fields used for manure application and the nutrient content of the manure. The owner of the facility will also be required to submit their land application records to the MPCA as a part of the annual report required by their NPDES/SDS permit. Finally, the MPCA will investigate any complaints received about the on-site operation of the facility or the land application of manure by the facility. Please also see the response to Comment Comments by Matt Langan, Environmental Planner, Environmental Review Unit, Minnesota Department of Natural Resources, 500 Lafayette Road, St. Paul, MN; letter dated August 31, Comment 2-1: The bedrock in the project area is at or near ground surface. This makes the surficial aquifer very limited in depth and extremely sensitive and vulnerable to contamination. Any contamination or potential contamination in the vicinity of Blue Mounds state park is of great concern. Response: Please see the response to Comment 1-1. Comment 2-2: There are only two lakes in Rock County, both within Blue Mounds State Park and both immediately downstream of the proposed expansion site. The utmost in care should be given to designing, building, and monitoring this site. Response: Please see the response to Comment 1-1. Comment 2-3: DNR recommends an annual PCA inspection of the facility and the manure application areas given the very sensitive nature of the water resources in this area, as well as the natural beauty of Blue Mounds State Park. Response: Please see the response to Comment 1-3.

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