MONROE - State engineers rejected a plan by Pinnacle Dairy LLC, an in-progress concentrated animal feeding operation to hold roughly 5,800 cows in the Town of Sylvester, after citing the idea as ineffective and likely to provide inaccurate readings at the site.
Green County Conservationist Todd Jenson delivered the news to members of the county conservation committee Thursday. Jenson and Land and Water Conservation Committee Chair Oscar Olson met with the engineers Wednesday.
"Their conclusion was they did not like this option and they would like to have them come up with another one," Jenson said.
Representatives included the National Resource Conservation Service State Engineer John Ramsden, an engineer and hydrogeologist from the Wisconsin Department of Natural Resources, and DNR Wastewater Engineer Mark Cain, who grants CAFO permits.
The proposed option was to place eight sand points, or a shallow well source no farther than 25 feet below the ground commonly used in areas where the ground below the soil has a sandy composition, around manure pits. The idea was to place a sand point on the north and south sides of each of the four pits.
Engineers specified seven issues with the plan, including that the sand points would not prove separation on the north side of the site, and no known project similar to it has used sand points for the purpose of meeting a water elevation at the site of monitoring wells through the use of draining tiles in manure lagoons. They also said the points would do nothing effective because the ground at the site consists of silt and clay, angling the point would not give an accurate water reading, the points "may not be developable," and specified that the option "is technically biased to show success without proving anything."
After months of delay due to township concerns that the 127-acre plot with four manure lagoons along County FF and Decatur-Sylvester Road could have an impact on public health, Green County granted a conditional permit April 6 to Pinnacle Dairy.
Citizens have been voicing concern over the contamination of groundwater since the project was proposed. Neighbor Jen Riemer of Riemer Family Farm roughly a mile from the Pinnacle construction site, was part of a group who created Green County Defending our Farmland in response to the incoming dairy. Riemer was present for the meeting Thursday and shared her thoughts via email in a "CAFO update" later that evening.
"After this meeting it is clear that the DNR is actually recognizing that many of the issues that citizens are concerned about are real problems!" Riemer wrote after outlining the issues engineers had with the proposal and concerns about high outflow to nearby Searles Creek. "I feel like this is what we have been waiting for. The state agencies, i.e. the decision makers are finally confirming the facts that locals have been concerned about all along."
She noted that Jenson mentioned water levels at the site were still higher than allowable, and that engineers specified water levels "are showing connectivity with the lower water table and will not be able to drain the site."
The large-scale dairy farm was originally proposed by California native Todd Tuls who owns three CAFOs in Nebraska, Emerald Sky Dairy about 50 miles southwest of Eau Claire, and Rock Prairie Farm in rural Janesville.
Emerald Sky was purchased in March 2016 from a previous owner, who Tuls and son, T.J. blamed for a manure spill that went unreported from late 2016 until March 29. A notice of noncompliance was sent by the DNR to T.J. after solid manure was applied to frozen ground in a violation of a permit condition. In the letter, Agricultural Runoff Specialist Leah Nichol wrote "Emerald Sky noted that the oversight was due to a new staff person not knowing the permit restrictions."
After meeting the first condition June 28 by raising the entire site a foot to avoid a water elevation higher than specified by engineers, Pinnacle workers attempted to meet the third condition out-of-order, 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.
Supervisor Jeff Williams, owner of a CAFO in the county, said during the Thursday meeting that evaluating water levels should be done in April, not during dry, winter months.
Jenson noted Pinnacle has now technically met the third condition. Following the meeting Thursday, he met with representatives of the facility, including T.J. Tuls, Pinnacle engineer Ronnie Williams, hydrogeologist Bob Naura, landowners Randy and Troy Bader and Michael Best attorney Leah Ziemba, who represents Pinnacle, to produce an alternative option to the one shot down by state engineers.
"We kicked some things around, but we don't have anything on paper yet," Jenson said.
He added that the two parties will likely exchange letters within the next week.
Green County Conservationist Todd Jenson delivered the news to members of the county conservation committee Thursday. Jenson and Land and Water Conservation Committee Chair Oscar Olson met with the engineers Wednesday.
"Their conclusion was they did not like this option and they would like to have them come up with another one," Jenson said.
Representatives included the National Resource Conservation Service State Engineer John Ramsden, an engineer and hydrogeologist from the Wisconsin Department of Natural Resources, and DNR Wastewater Engineer Mark Cain, who grants CAFO permits.
The proposed option was to place eight sand points, or a shallow well source no farther than 25 feet below the ground commonly used in areas where the ground below the soil has a sandy composition, around manure pits. The idea was to place a sand point on the north and south sides of each of the four pits.
Engineers specified seven issues with the plan, including that the sand points would not prove separation on the north side of the site, and no known project similar to it has used sand points for the purpose of meeting a water elevation at the site of monitoring wells through the use of draining tiles in manure lagoons. They also said the points would do nothing effective because the ground at the site consists of silt and clay, angling the point would not give an accurate water reading, the points "may not be developable," and specified that the option "is technically biased to show success without proving anything."
After months of delay due to township concerns that the 127-acre plot with four manure lagoons along County FF and Decatur-Sylvester Road could have an impact on public health, Green County granted a conditional permit April 6 to Pinnacle Dairy.
Citizens have been voicing concern over the contamination of groundwater since the project was proposed. Neighbor Jen Riemer of Riemer Family Farm roughly a mile from the Pinnacle construction site, was part of a group who created Green County Defending our Farmland in response to the incoming dairy. Riemer was present for the meeting Thursday and shared her thoughts via email in a "CAFO update" later that evening.
"After this meeting it is clear that the DNR is actually recognizing that many of the issues that citizens are concerned about are real problems!" Riemer wrote after outlining the issues engineers had with the proposal and concerns about high outflow to nearby Searles Creek. "I feel like this is what we have been waiting for. The state agencies, i.e. the decision makers are finally confirming the facts that locals have been concerned about all along."
She noted that Jenson mentioned water levels at the site were still higher than allowable, and that engineers specified water levels "are showing connectivity with the lower water table and will not be able to drain the site."
The large-scale dairy farm was originally proposed by California native Todd Tuls who owns three CAFOs in Nebraska, Emerald Sky Dairy about 50 miles southwest of Eau Claire, and Rock Prairie Farm in rural Janesville.
Emerald Sky was purchased in March 2016 from a previous owner, who Tuls and son, T.J. blamed for a manure spill that went unreported from late 2016 until March 29. A notice of noncompliance was sent by the DNR to T.J. after solid manure was applied to frozen ground in a violation of a permit condition. In the letter, Agricultural Runoff Specialist Leah Nichol wrote "Emerald Sky noted that the oversight was due to a new staff person not knowing the permit restrictions."
After meeting the first condition June 28 by raising the entire site a foot to avoid a water elevation higher than specified by engineers, Pinnacle workers attempted to meet the third condition out-of-order, 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.
Supervisor Jeff Williams, owner of a CAFO in the county, said during the Thursday meeting that evaluating water levels should be done in April, not during dry, winter months.
Jenson noted Pinnacle has now technically met the third condition. Following the meeting Thursday, he met with representatives of the facility, including T.J. Tuls, Pinnacle engineer Ronnie Williams, hydrogeologist Bob Naura, landowners Randy and Troy Bader and Michael Best attorney Leah Ziemba, who represents Pinnacle, to produce an alternative option to the one shot down by state engineers.
"We kicked some things around, but we don't have anything on paper yet," Jenson said.
He added that the two parties will likely exchange letters within the next week.