DNR approves Cranberry Creek Dairy expansion

By LeAnn R. Ralph

TOWN OF ROCK CREEK  — The Wisconsin Department of Natural Resources has approved re-issuing a Wisconsin Pollutant Discharge Elimination System permit (WPDES) for Cranberry Creek Dairy in southern Dunn County that will allow the dairy to expand to 7,250 animal units.

The DNR issued the permit for Cranberry Creek July 21, and the WPDES permit will expire June 30, 2022.

Cranberry Creek currently has 2,107 animal units. A dairy cow is 1.4 animal units. The dairy has approximately 1,205 milking and dry cows, 450 heifers and 250 calves.

The expansion will increase the Cranberry Creek herd size to 5,000 milking and dry cows, 500 heifers and 1,250 calves.

The DNR held a public informational meeting on the proposed expansion at the Rock Creek Town Hall September 20, 2016.

The DNR held a public hearing on substantial modifications to the Cranberry Creek nutrient management plan at the Rock Creek Town Hall March 28.

Although the Town of Rock Creek is unzoned, concern about the expansion of Cranberry Creek Dairy was one of the factors that contributed to Dunn County placing a six-month moratorium on forming or expanding Concentrated Animal Feeding Operations (CAFOs) that would have 1,000 animal units or more and forming the Livestock Operations Study Group.

The focus of LOSG was to evaluate the impacts of CAFOs on the health, safety and welfare of Dunn County’s residents in relation to groundwater, surface water, air quality, the economy, transportation and other resources, to make recommendations and to report on the group’s findings.

The LOSG’s report was presented to the Dunn County Board at the July 26 meeting.

Nutrient management plan

Following the public hearing on the modifications to the NMP in March, the DNR rejected the revised nutrient management plan and issued a letter to Cranberry Creek Dairy May 3.

The letter from the DNR stated that in some of the landowner agreements submitted by Cranberry Creek, the agreements were signed by the land operator and not the landowner.

In addition, a number of fields did not have a signature from all of the landowners, the DNR letter stated.

According to the May 3 letter, “If Cranberry Creek seeks an NMP approval that exceeds this number, within 14 days of the letter’s date, Cranberry Creek Dairy must revise the nutrient management plan to reflect the issues identified by items 1-4 and 1) modify the proposed animal units to reflect the landbase in the revised nutrient management plan OR 2) submit additional acreage to support the proposed 6,794 animal units.

According to the DNR’s notice of final determination, changes have been made to the nutrient management plan based on public comment.

The initially approved nutrient management plan contained 5,384 acres, and the revised approved NMP contained 5,097.55 acres.

About 150 people attended the public hearing in March.

Out of the 105 hearing appearance forms, one was in support, the rest were either in opposition or did not indicate a position.

Of the 26 people who presented testimony at the March hearing, zero spoke in favor of the NMP modifications, and 26 spoke in opposition.

Comments

Here are some of the comments from the March public hearing and the DNR’s response to those comments:

• The DNR received a number of comments from landowners stating they would not accept manure from Cranberry Creek on their cropland. Comments also expressed concerns about fraudulent or inaccurate agreements for acreage.

Response: The DNR reviewed the comments and modified the conditional approval of Cranberry Creek’s NMP to reflect the comments. The initial approved NMP contained 5,384 acres, and the reviewed plan contains 5,097.55 acres.

• The nutrient management plan is invalid because of shallow soils and depth to bedrock. The fields are severely restricted for nitrogen/manure application and are illegally slated in the plan for 10,000 gallons per acre.

Response: All areas identified in the NMP as having shallow bedrock soils must be field verified prior to manure application. The requirement is included in Cranberry Creek’s NMP.

• UW-Madison research on leaching of nitrogen into groundwater discovered that 20 percent of nitrogen application to agricultural crops leaches into the groundwater. The confirmed research was not factored into the nutrient management plan.

Response: Manure application rates are managed under NR243 and NRCS Technical Standard 590. Both documents reference UW Publication A2809 for further requirement when applying manure. The UW publication, NR243 and NRCS590 do not contain a specific requirement related to 20 percent nitrogen leaching.

• The spreading plan guarantees water well contamination and guarantees people will be subject to health impacts.

Response: NR243 and CAFO WPDES permits requirement best management practices intended to avoid or minimize potential impacts to groundwater. NR243 prohibits the fecal contamination of a well, and NR140 establishes groundwater quality standards for other pollutants such as nitrate.

• A comment expressed concern about removal of cropland from the NMP means the application rate will be 13,000 to 14,000 gallons per acre.

Response: NR243.15 and UW Publication A2809 indicate this is an acceptable application rate as long as all nutrient recommendations are not exceeded.

• Some comments expressed concern about the logistics and cost for Cranberry Creek to haul manure from eight to 21 miles away.

Response: Manure hauling costs increase as distance from the farm increases. Hauling greater distances is possible, however, and is observed throughout the state.

• The NMP does not accurately reflect the actual crops being grown on certain parcels of land.

Response: The permittee is required to plan to expected crop rotations. This can change, however, based on factors such as winter kill or other weather related issues. Any changes in crop rotations must be reflected in the NMP annual update submitted by March 31 each year. All changes must be NMP requirements under NR243.14.

• Does the NMP properly delineate potential wetlands?

Response: the DNR annually releases the most up to date wetland layer as part of the computer software used to develop nutrient management plans. The NMP also requires field verification prior to spreading near restricted areas, such as wetlands.

• Are soils tested prior to manure applications?

Response: Fields receiving CAFO manure and process wastewater must be sampled before application. According to NR243.14 and NRCS Standard 590, soil must be sampled at least once every four years if the fields continue to receive CAFO and process wastewater.

• Are other farms applying manure on fields in the Cranberry Creek NMP?

Response: No other farms are applying manure on fields where Cranberry Creek Dairy applies manure. Other nutrients, such as commercial fertilizer or municipal sludge, may be applied to these fields. Those nutrient sources must be tracked and accounted for by Cranberry Creek.

• Comments expressed concern about Cranberry Creek’s compliance with permit requirements and the ability of the DNR to oversee the permittees and associated land application.

A Legislative Audit Bureau report released in June of 2016  revealed that DNR employees responsible for regulating water quality in Wisconsin failed to enforce regulations more than 94 percent of the time over the last ten years.

Response: the DNR has placed increased emphasis on conducting hauling audits of permitted CAFO’s land application. It is likely Cranberry Creek would be subject to an audit. In addition, the DNR conducts reviews of annual reports submitted by permittees summarizing land application practices. The DNR also conducts follow up on complaints related to land application. The DNR is continually working to find ways to increase the amount of time staff can spend on compliance and enforcement activities.

• Some comments expressed concern about runoff to surface water and groundwater impacts, including nitrate contamination.

Response: The WPDES permit program includes a number of review processes and permit conditions to help protect water quality and avoid spills association with land application.

• Are area wells being tested?

Response: The DNR does not have the authority to require the permittee to monitor private wells. Individual well owners must take the responsibility to test their wells periodically. If a well owner suspects contamination, he or she should contact the DNR.

• Who is going to address manure trucks leaking on roads?

Response: Leakage from a manure truck may be considered a spill and would need to be properly contained and cleaned up by the farm as well as called into the DNR Spills Hotline. Additional local rules may apply to address the issue.

• Who pays for clean-up of spills or runoff to streams?

The DNR can take enforcement action based on permit violations, including requiring the operation to take corrective actions, and where warranted, obtain monetary forfeitures via referral to the state Department of Justice. Under certain circumstances, the DNR can work directly to address a spill if a permittee fails to take appropriate action.