TOWN OF SYLVESTER - In a case of beat the clock, it looks like a moratorium on large animal operations will put plans for a large-scale dairy in Sylvester Township on hold after all.
Application materials for the dairy operation with up to 5,800 cows on 130 acres in the Town of Sylvester, northwest of Brodhead, were submitted last week, several days in advance of a township moratorium taking effect. But now it appears incomplete information is making the application null, buying opponents for the facility the extra time they sought.
Todd Tuls is applying to build the large-scale dairy, similar in scope to his Rock Prairie Farm in Rock County. He maintains his operation will be safe and bring economic growth the area.
But opponents of the proposed facility have been vocal in their concerns about the environmental impact of Concentrated Animal Feeding Operations, or CAFOs, on local groundwater. They gathered Monday to request Sylvester Township place a moratorium on CAFOs to allow more time for study of potential effects on groundwater.
On Monday, it appeared it was too late for a moratorium: Pinnacle had submitted its application materials Friday. Sylvester Township chairwoman Anna Anderson told Tuls' lawyers that if they had submitted application materials for necessary permits, they would not be subject to a township moratorium.
Regardless, the township board approved the moratorium for any future proposed operations with more than 500 animals. That ordinance becomes effective today, with its official publication in The Monroe Times. (See Page B5.)
However, Todd Jensen, the Green County Land and Water Conservation official who processes applications such as Pinnacle's, said Tuesday afternoon that Tuls' materials were incomplete. Jensen said the more than 1,000 pages put forward for him to evaluate were missing a section - the nutrient plan, which outlines details regarding the safety of waste being held on the land such as manure and other noxious materials.
Because it was deemed an incomplete application, with "one major part" unaccounted for, the moratorium can still be applied to the current project to create Pinnacle Farm along County FF, according to Jessica Shrestha, attorney for the Green County Defending Our Farmland group.
"Right now there is no application because of that missing piece," Jensen said. "The ball is back in their court."
Jensen added that lawyers for the company had promised a completed application to him by the end of next week.
The ordinance to "protect the public health and safety
of the people of the Town of Sylvester ... sets forth the
procedures for obtaining a license for the siting of new and expanded livestock facilities."
The moratorium ordinance allows for "providing adequate time to study, review, consider and determine whether creation of a Livestock Facilities Licensing Ordinance with requirements that are more stringent than state standards and/or other ordinances relevant to livestock facilities are necessary to protect public health or safety in the Town of Sylvester."
The township explained in its notice that the moratorium will give Sylvester time to consider whether or not it can enforce a livestock licensing ordinance such as the one submitted by members of the Green County Defending Our Farmland group.
Shrestha said the incomplete application is a big piece toward getting more evaluation before Pinnacle can
begin setting up in Green County.
"The moratorium wouldn't have applied if they had submitted a completed application," she said. "We believe it is significant it was not."
Application materials for the dairy operation with up to 5,800 cows on 130 acres in the Town of Sylvester, northwest of Brodhead, were submitted last week, several days in advance of a township moratorium taking effect. But now it appears incomplete information is making the application null, buying opponents for the facility the extra time they sought.
Todd Tuls is applying to build the large-scale dairy, similar in scope to his Rock Prairie Farm in Rock County. He maintains his operation will be safe and bring economic growth the area.
But opponents of the proposed facility have been vocal in their concerns about the environmental impact of Concentrated Animal Feeding Operations, or CAFOs, on local groundwater. They gathered Monday to request Sylvester Township place a moratorium on CAFOs to allow more time for study of potential effects on groundwater.
On Monday, it appeared it was too late for a moratorium: Pinnacle had submitted its application materials Friday. Sylvester Township chairwoman Anna Anderson told Tuls' lawyers that if they had submitted application materials for necessary permits, they would not be subject to a township moratorium.
Regardless, the township board approved the moratorium for any future proposed operations with more than 500 animals. That ordinance becomes effective today, with its official publication in The Monroe Times. (See Page B5.)
However, Todd Jensen, the Green County Land and Water Conservation official who processes applications such as Pinnacle's, said Tuesday afternoon that Tuls' materials were incomplete. Jensen said the more than 1,000 pages put forward for him to evaluate were missing a section - the nutrient plan, which outlines details regarding the safety of waste being held on the land such as manure and other noxious materials.
Because it was deemed an incomplete application, with "one major part" unaccounted for, the moratorium can still be applied to the current project to create Pinnacle Farm along County FF, according to Jessica Shrestha, attorney for the Green County Defending Our Farmland group.
"Right now there is no application because of that missing piece," Jensen said. "The ball is back in their court."
Jensen added that lawyers for the company had promised a completed application to him by the end of next week.
The ordinance to "protect the public health and safety
of the people of the Town of Sylvester ... sets forth the
procedures for obtaining a license for the siting of new and expanded livestock facilities."
The moratorium ordinance allows for "providing adequate time to study, review, consider and determine whether creation of a Livestock Facilities Licensing Ordinance with requirements that are more stringent than state standards and/or other ordinances relevant to livestock facilities are necessary to protect public health or safety in the Town of Sylvester."
The township explained in its notice that the moratorium will give Sylvester time to consider whether or not it can enforce a livestock licensing ordinance such as the one submitted by members of the Green County Defending Our Farmland group.
Shrestha said the incomplete application is a big piece toward getting more evaluation before Pinnacle can
begin setting up in Green County.
"The moratorium wouldn't have applied if they had submitted a completed application," she said. "We believe it is significant it was not."