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HomeMy WebLinkAbout008-1025-90-050 (2) ST. CROIX C= UNT Y Land Use f = Planning & Land Information Resource Management Community Development Department July 14, 2015 j1C0P Noah & Martha Miller 423 233rd Street Baldwin, WI 54002 Re: Land Use Permit for Parcel ID 008-1025-90-050 and 008-1025-40-000, Town of Eau Galle Site Address: 423 233rd Street Dear Mr. Miller: It has been brought to my attention that you have not recieived a copy of your Land Use Permit approval to exceed animal units pursuant to §17.145.B(1) and 17.14.B(13) in the Agricultural 2 District of the St. Croix County Zoning Ordinance. I have attached a copy of your Land Use Permit card and approval letter dated May 20, 2015. Please see the conditions for approval on page two (2). Our records indicate this may have occurred due to an incorrect mailing address (401 233rd St.) for parcel 008-1025-90-050. To update your tax address and prevent any future error, you must contact Real Property of Community Development Department, St. Croix County at 715-3886-4680. An Analyst is typically available at the St. Croix County Government Center from 8:00 A.M. to 5:00 P.M. (Monday-Friday). The address is 1101 Carmichael Road, Hudson, WI 54016. If you have any questions, I am typically available for office visits from 8:00 A.M. to 5:00 P.M. (Monday- Friday); however I cannot guarantee my presence without a scheduled appointment. Respectfully, C~ Sarah Droher Land Use Technician St. Croix County Community Development Department Enclosure: File Town of Eau Galle Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi. us/cdd www.focebook.com/--StcroiXcountyw i cdd@co.soint-croix. wi. us - L r+r, ~ .ens ' ~ d dp%L V Rf tP3 p ~ CD Cn a) p a a) moo-own, 104"m cn ol: cn p ~ •y o 0 y VI 'Q ,3C p E u "p p CD p L - p I Ch %sw ce3 p (n J 1 M 0 ST. C R O I%X C Y Land Use Planning & Land Information 3~~ Resource Management Community Development Department Date: 5/20/2015 File#: LU88582 Noah & Martha Miller t~25,4,rl 233rd Street Baldwin, WI 54002 Land Use Permit for Prima Parcel ID 008-1025-90-050 and 008-1025-40-000, Town of Eau Galle Site Address: 233rd Street y23 Community Development Department (CDD) staff have reviewed your application submitted on May 15, 2015 for a livestock facility to exceed one (1) animal unit per acre of land suitable for animal waste utilization in the AG-2 District pursuant to §17.145.B.(1) and 17.14.B(13). The request is to exceed by 146 animal units; specifically for a hog operation to have 168 animal units (or 168,000 pounds of live weight) in two barn structures on 50 acres of land. The property already has 16 animal units, for a total of 184 animal units on 38 acres of land suitable for animal waste utilization. The operation proposes two new livestock structures. Barn A (40' x 90') will house 60 sows which will farrow two litters per year. Barn B (50' x 100') will house 500 piglets (twice in a 12 month period). The designated area for waste storage will be located on the barn floor. This area is outside the Surface Water Quality Management Area; there is one man-made water feature constructed onsite. All operations will be conducted inside the two structures referenced above and there will not be a manure storage facility onsite; all manure will be utilized once compiled. Staff determined that the proposed project meets the spirit and intent of the St. Croix County zoning ordinance based on the following findings: Code Proposed Project Standards & Requirements References 17.145.B(1) All permitted uses allowed in AG-1 are permitted in AG-2 17.14.B(13) Livestock facilities that exceed one (1) animal unit per acre of land suitable for animal waste utilization or livestock facilities of 500 animal units or more, are allowed only with a land use permit, if all of the following minimum requirements are met: a. Wis. Adm. Code Ch. ATCP 151, Livestock Facility Siting; b. Wis. Adm. Code Ch. NR 243, Animal Feeding Operations; c. Wis. Adm. Code Ch. NR 151, Runoff Management; d. Ch. 11, St Croix County Code of Ordinances, Animal Waste Storage Facilities; e. Natural Resources Conservation Service (NRCS) Conservation Practice Standard Code 590, Nutrient Management A complete Land Use Permit application was submitted on 05/15/2015 with the $350 permit fee 17.12(13) The following structure setback provisions apply to livestock structures, including animal waste storage structures, and other structures housing animal units in the Agricultural and Agricultural Two Districts Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 www.sccwi. us/cdd www.facebook.com/-Stcroixcountywi cdd @co.soint-croix. wi. us Community Development Department page 2 c. All structures must be set back at least 100 feet from any property line or public road right-of-way if the facility has less than 500 animal units 17.09(132) Livestock Structure: A building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. Livestock structure includes a barn, milking parlor, feed storage facility, feeding facility, animal lot or animal waste storage structure. Livestock structure does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock. 17.09(16) Animal Waste Utilization: The application of animal waste on suitable land in a manner which will achieve compliance with livestock performance standards and prohibitions established in Wisconsin Administrative Code Chapter NR 151, NRCS Conservation Practice Standard Code 590 and meet other designated water quality objectives. Land suitable for animal waste utilization excludes wetlands or lands below the OHWM, closed depressions, slopes in excess of 25% and other areas that may be determined as sensitive and adversely affecting surface water or ground water quality. Based on these findings, approval of the land use permit is subject to the following conditions: Compliance Conditions for land use permit approval Date 14f28t20~~- The applicant shall submit the completed soil test(s) no later than five (5) months of this land use permit approval to be compliant with NRCS code 590 ZO 1 a. One (1) soil test must be completed for every five (5) acres of waste utilization Annually Per 17.14.B(13), this application complies with and shall maintain compliance with: a. Wisconsin Administrative Code Chapter ATCP 51, Livestock Facility Siting. b. Wisconsin Administrative Code Chapter NR 243, Animal Feeding Operations. c. Wisconsin Administrative Code Chapter NR 151, Runoff Management. d. St. Croix County Code of Ordinances Chapter 11, Animal Waste Storage Facilities. e. Natural Resource Conservation Service (MRCS) Conservation Practice Standard Code 590, Nutrient Management. Annually The applicant shall annually submit the certified Nutrient Management Plan consistent with Natural Resource Conservation Service Conservation Practice Standard Code 590 a. A new soil test must be completed per each test site once every four (years) Any change or addition to the project, including but not limited to the addition of animal units or structures related to the operation, shall require review and approval by Community Development Department prior to making the change or addition The applicant shall be responsible for securing all other necessary local, state, and federal permits and approvals Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4685 www. sccwi. us/cd d www.facebook.com/Stcroixcountywi cd d (aD co. saint-Croix. wi. us Community Development Department Page 3 This approval does not allow for any additional construction, structures or structural changes, grading, filling, or clearing of vegetation beyond the limits of this request. Your information will remain on file in the St. Croix County Community Development Department. It is your responsibility to ensure compliance r regulations, including obtaining a building permit from the Town. with an=p Comm aff Signature Eric: Land Use Permit Card Cc: Jim Lund, Town of Eau Galle Chairman File Ec: Steve Olson; Conservation and Land Use Specialist Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi. us/cdd www.focebook.com/-S---tcroixcountvwi cdd@co. sain t-croix. wi. us O 0 n n m O - CL 3 Ill, 0 ® saw 'a - ~ - V~ 0' c n 0 aaah Liu --I C. 0 C. o o r M Ch 5) 0 MAL n 0 N z I M Cl) v. M CD CD - o ® ;o61 cn ? n ' w P- - 3 m CL fin cn p w . I, ® ® r"I -to 0000"Op (D -h afto-I cn -or (D --4 o D -o n Vi' CD Cl. M c 3 -v 2 ' ~ m Oca ~ ~ cv m• 0 m 'WIN 0 t I k Sarah Droher From: Sarah Droher Sent: Thursday, September 24, 2015 11:55 AM To: 'Susane Hoffman' Subject: LU 88582 The Land Use Permit (LU88582) was approved on May 20, 2015 for a Livestock facility to exceed one animal unit per acre of land suitable for animal waste utilization in the Agricultural 1 District. This land use is only allowed with a land use permit subject to § 17.145 B. in this District. Your questions will be addressed in order as received; 1. A copy of the St. Croix County Land Use Ordinance can either be located on the St. Croix County website, or by following this hyperlink: General Zonin". 2. Animal waste will be applied to the land in a solid form. a. The applicant has generated a certified Wisconsin 590 Nutrient Management Plan which has been reviewed by the St. Croix County Community Development Department (CDD) Resource Management Division. This plan must be submitted and approved by CDD staff on an annual basis. This plan encompasses cropland and pasture land that will receive the waste generated from the facility. The applicant owns 50 acres of land where the two barn structures will be located; however he has access to additional land that animal waste will be applied on. The total amount of acreage will be included in the Wisconsin 590 Nutrient Management Plan. 3. The Wisconsin 590 Nutrient Management Plan does not restrict applying waste onto the applicant's field(s). 4. Waste can only be applied according to the crop need annually. This amount is calculated in the plan based on soil sample results and crop need, hence the potential for nutrient leaching to ground water is minimal. 5. Odor standards apply only facilities greater than 500 animal units according to Wisconsin Administrative Code Chapter ATCP 51, Livestock Facility Siting. As indicated in the permit approval, this facility has a total of 184 animal units, therefore this standard does not apply. 6. The man-made water feature has no function for the hog operation; it was built for watering the livestock that utilizes the pasture land. 7. The barns will be cleaned periodically. The Nutrient Management Plan addresses when and where animal waste can be applied according to the Wisconsin 590 Nutrient Management Application Restrictions map. If you have any further questions, please respond to this email and it will be addressed accordingly. y Thank you, (715) 386-4680 Land Use Technician Community Development Department T. C~"~R 0 - UNTY z Sarah Droher From: Susane Hoffman <shoffman@sheepycorner.com> Sent: Tuesday, September 22, 2015 8:22 PM To: Sarah Droher Subject: RE: Hog farm in Woodville Thank you. Susane -----Original Message----- From: Sarah Droher [mailto:Sarah.Droher@co.saint-croix.wi.us] Sent: Tuesday, September 22, 2015 1:08 PM To: 'Susane Hoffman' Subject: RE: Hog farm in Woodville Hello Susane, I wanted to let you know I did receive your message and will work on formulating a response to your in depth questions. I plan to get back to you no later than Friday. Thank you, Sarah Droher (715) 386-4680 Land Use Technician Community Development Department -----Original Message----- From: Susane Hoffman [mailto:shoffman@sheepycorner.com] Sent: Tuesday, September 22, 2015 9:08 AM To: Sarah Droher Subject: Hog farm in Woodville Questions regarding the CUP for PID 008-1025-90-050 and 008-1025-40-000, in Town of Eau Galle, WI. My husband and I looked at the property that is for sale directly east of the two above-referenced PIDs (45th Ave, Woodville, PIDs 008-1026-10-000 and 008-1026-20-000). We found out about the hog operation that is getting ready to start (or have already started) on the neighboring, above referenced property/ies. We have some concerns about the operation that we hope you can address. Our realtor, Michelle Prescott-Guderian, forwarded the Land Use Permit that you sent to her. After reading through that, we have questions. The "code references" listed in Column 1, where can they be found? i The waste handling spelled out in the document is confusing. Are they going to spread the manure on the land, or are they storing it and selling it and will be in liquid or solid form? If they are to spread it, 50 acres doesn't seem enough for that amount of manure, which according to Purdue's "Swine Manure Management Planning" document - https://www.extension.purdue.edu/extmedia/id/ID-205.html - will be roughly 3,000 cubic feet of manure per month for 500 finishing pigs, which is over 265,000 gallons a year. Times 2. Considering that the land in question slopes toward the property that we are looking at, what will stop the manure when spread from running off onto the neighboring land? There is a dry creek there that after it rains has standing water in it which slowly drains off to the north. In other words, what will be done to control that runoff so that the low area of the property we're looking at doesn't become a hog manure cesspool? How will ground water be protected? Where prevailing winds taken into consideration when approving the permit? What function does the man made water feature that is on the hog operation land have in the hog operation? How is the manure handled in the months where no spreading is possible, i.e., winter and spring? We would be very grateful for some answers. Chuck & Susane Hoffman 612-710-3281 Sheepy Corner Farm Jordan, MN z Sarah Droher From: Sarah Droher Sent: Monday, August 31, 2015 8:05 AM To: 'Prescott-Guderian, Michelle E' Subject: RE: Hog farm in Woodville Attachments: 20150520091056207.pdf Good morning Michelle, Please see attached. Thank you, SA.r#,fv J)ro[i.er Land Use Technician Community Development Department (715) 386-4680 T R OJ, , `~%U NTY From: Prescott-Guderian, Michelle E [maiIto: meprescott-guderian(abcbburnet.com] Sent: Sunday, August 30, 2015 9:00 PM To: Sarah Droher Subject: Hog farm in Woodville Importance: High Hi Sara, Thank you for returning my phone call after we got cut off on Friday afternoon. Could you please a mail me a copy of decision for the hog farm in Woodville that we discussed. Thank you very much! Regards, Michelle Michelle Prescott - Guderian: Clog ]over. Negotiator. 13L;i R N FT Real estate agent. cssuRNET,com CNE, ePro Licensed in MN & Wl 507-959-6783 or 763-689-1445 1 meprescott(cil cbburnet. com http://meprescott.cbintouch.com/ The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this intemet electronic mail message by anyone else is unauthorized. Ifyou are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. This message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protecti ve and remedial action about viruses and other defects. 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