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CAFO moves to meet remaining permit condition
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SYLVESTER TOWNSHIP - Engineers at the site of proposed concentrated animal feeding operation Pinnacle Dairy LLC may have found a solution for constant failure to meet the second condition outlined in a permit granted by county officials April 6.

After a meeting Dec. 14 between Green County Conservationist Todd Jenson, officials from the Natural Resource Conservation, Department of Agriculture, Trade and Consumer Protection, Department of Natural Resources and Pinnacle engineers at the 127-acre project site along County FF and Decatur-Sylvester Road in Sylvester Township, Jenson said engineers decided to move monitoring wells from the slope of manure pits to their original location along even ground. Land and Water Conservation Committee Chair Oscar Olson was also present for the meeting, as well as Todd Tuls, owner of Pinnacle.

The proposed Pinnacle Dairy is classified as a concentrated animal feeding operation by the state DNR because its anticipated size of 5,800 cows exceeds 1,000 animal units. Given conditional approval, the operation has been attempting to meet the requirements of three conditions placed upon the permit by conservation officials.

The first condition involved digging a trench and raising the site to ensure water does not seep in. The second is based on water elevation at the proposed site of the tiled manure pits.

After meeting the first condition at the end of June, Pinnacle engineers attempted to meet the third condition prior to meeting the second, prompting the county to hire outside attorney Christa O. Westerberg of Madison-based firm Pines Bach in early November. Westerberg specializes in environmental and land-use law.

In July, Jenson noted two monitoring wells were at an elevation too high to ever pass phase two. During a September committee meeting, he said water was collecting nearly 10 feet higher than the maximum elevation.

During discussion at a Green County Board meeting Dec. 12, Jenson shared the timeline of Pinnacle, from its proposal in August 2015 to disputes between county officials and engineers regarding whether development could occur and problems the workers have had meeting water elevation requirements.

Prevention of groundwater contamination at the future site of four football field-sized manure lagoons depends on the composition of the ground and whether it meets perched conditions, with tight-knit clay sitting between shallow, slow, free-flowing water and the flow of groundwater. If groundwater became contaminated by the large amounts of nitrates from manure, water from area wells would likely become undrinkable. Jenson noted there is evidence of perched conditions on parts of the Pinnacle building site.

Supervisor Jerry Guth asked Jenson, "in your experience, how large are perched areas?"

"Not 127 acres," Jenson replied.

Jenson noted during the proceedings that officials from both DATCP and NRCS have been supportive and helpful to Green County throughout the process.

When recounting an instance in which he visited the site Oct. 3, Jenson said he found concrete had been poured in the first pit, which was a violation of the permit since the engineers still needed to meet the second and third conditions. He said site engineer Ronnie Williams of Williams Engineering Services in Augusta, Wisconsin, informed him work was behind schedule and Williams had assumed workers could proceed since the first condition had been met.

Supervisor Paul Beach asked if there was recourse when these types of incidents, including unauthorized pumping of water from a monitoring well, took place. Jenson noted an order to stop work could be issued. Corporation Counsel Brian Bucholtz said it was best to avoid discussion of hypotheticals during a public meeting.

After the Dec. 14 meeting, Jenson said NRCS, DATCP and DNR staff will be meeting Jan. 3 to discuss the proposed shift of monitoring wells out of the manure pits. If given approval then, the topic will require more discussion and approval by members of the county conservation committee during its Jan. 4 meeting.