Letter to Department of Environment and Natural Resources
concerning proposed dairy in Argo township in Brookings County
(note: she says, water regular drains off the proposed site
washing out the road
and emptying into Deer Creek and ultimately the Sioux Aquifer
where thousands of people get their water)
(note some of the accompanying photos)
6 July 2004 To: Department of Environment/Natural Resources RE: CAFO Application, proposed ‘Providence Dairy’, [a 40A.
site located within] SW1/4 Section 23, T112N R49W, Argo Township, Brookings
County….[in lay language, the site is on County Road 476 between
199 and 200] We believe the proposed site selected for this CAFO is inappropriate, due to:
1. We have lived on our farm, homesteaded by our family in 1886, since 1978. Over the years we have experienced and observed every type of weather condition that occurs in our climate. We know that summer rain storms may be both beneficial and damaging to the land, depending primarily on the specific site conditions and how the land is used. The site in question, approximately one mile northeast of our farm, is located on the western slope of possibly the highest elevation in Brookings County. The site is unusual because it lies on a relatively high prairie hill, compared to much of the land in Argo Township—most of which slopes gently, yet very steadily westward to the Big Sioux River. Rain and snowfall is typically absorbed by deep soils of the area, and surface run-off is usually slow and non-eroding. A major exception to these typical Argo Township geo-physical characteristics is the exact site proposed for this industrial-scale dairy facility. 2. Virtually every year, the hillside in question experiences significant rainwater and snowmelt erosion, with the natural drainageways carrying excess surface water runoff downstream. In recent years, improper farming practices further exacerbated erosion problems, as natural drainageways were ignored and vegetation plowed under. Apparently the eroded land conditions became so severe that the natural waterways were finally by-passed by farm operators, and historic surface run-off channels prevailed. Gradually vegetation, such as willows and other wet-ground species reappeared, aiding the process of soil retention and mitigating the erosive action of the hillside run-off. [note photos]. The north-south township road forms an unstable dam across the natural
waterways that collect run-off from the entire west slope of the hill—approximately
200 acres. In spite of a large culvert through the roadbed, these enormous
volumes of surface run-off, having gained considerable velocity from
the long slope,
frequently washes away huge amounts of road material during normal summer
rainstorms, often rendering the road unusable. This waterborne material
is then deposited
and washed into the west ditch, as well as downstream onto the adjoining
farmland and beyond. The natural drainage system continues on westward,
where it merges
into larger channels [note photos], making it part of the Big Sioux River
tributary system. We believe this design proposal is seriously flawed, due to the site conditions. In an attempt to reconcile our concerns, we sought more information from Wim Hammink, who, apparently acting as the agent for Applicant Vandermeer, discussed the facility design at a meeting of the Brookings County Board of Adjustment meeting on 4 May 04. When asked about the drainageway, the challenging slope of the site, and the rationale of the proposed design of the facility, Hammink explained that ‘the south side of the “V” would be dug out and piled on the north side, to build it up high enough to create the required slope for the gravity-flow system’. In other words, the proposed facility would be a construction project that totally ignores the natural topography of the site, creating critical waste lagoon structures in areas of deep fill, directly in the path of significant natural drainageways servicing a very long, broad hillside—all flowing steadily downstream to the primary water source of hundreds of thousands of the State’s inhabitants. We believe this proposal creates an extraordinary risk of threat to the waters of the State, by setting the stage for a catastrophic containment failure and/or waste overflow, when historically common heavy rains occur. In addition, we believe all planned waste containment facilities on this site would be constantly vulnerable to the effects of all runoff borne by the existing natural drainageways, thus endangering all land, water, plant and animal resources downstream with the ill effects of pollutants and other toxic materials typically present in the waste of the CAFO. This is an unacceptable and unnecessary risk to the environment. 3. CAFO Application: RE: “Methods” [p.4 of 11] cited do not include references to the National Wetlands Inventory maps prepared by the U.S. Department of Interior Fish and Wildlife Service. We believe that pertinent maps[1990 edition] suggest the identification of certain plant materials indicating wetland habitat existing on the site, particularly in the natural drainageways, as well as immediately downstream and beyond—continuing in the stream pattern of the existing watershed. The adverse impact on all localized natural systems by the proposed industrial-scale dairy facility, and particularly those associated with sensitive wetland plants and animals, would be severe and everlasting. Restoration of naturalized conditions may never be possible, should accidental overflows or dumping of waste materials saturate and contaminate this critical environment. 4. CAFO Application: RE: “Findings” [p.5 of 11] refers to the groundwater features impacted by the proposed industrial-scale dairy facility, and notes that “…Maps contained in this report indicate that the site of the proposed operation is located in the general area of the Big Sioux Aquifer….” According to the 1997 Revised Zoning Ordinance of Brookings County, South Dakota, Section 1106, “…The Brookings County Planning Commission and Board of County Commissioners recognize (1) that residents of Brookings County rely exclusively on ground water for a safe drinking water supply and (2) that certain land uses in Brookings County can contaminate ground water particularly in shallow/surficial aquifers….” Included in the ordinance are limitations relating to CAFOs, manure storage areas, and containment facilities located in Brookings County. RE: Zoning Ordinance Definition #19. Shallow/Surficial Aquifer: “An aquifer in which the permeable media (sand and gravel) starts at the land surface or immediately below the soil profile. The main shallow/surficial aquifer in Brookings County is the Big Sioux Aquifer [italics ours].” We believe that the proposed facility, located as it is in Brookings County, is subject to this ordinance, and thus, to the constraints of the definitions that apply. At the 4 May 04 Board of Adjustment meeting, the site was noted as possibly being located in Zone B of the Aquifer Protection Overlay Zone. “…Zone B: Aquifer Secondary Impact Zone We believe that Agent Hammink’s opinion on 4 May 2004 that Zone B was of little concern at this site, unfortunately reinforced by some uninformed members of the Board, will be of little comfort to the hundreds of small family farms located downstream from the dairy, who rely on shallow wells for the water supply for their human and livestock use. The main wells for the extensive Brookings-Deuel Rural Water System are also located immediately downstream, less than ten miles from the proposed facility. As was also noted, the City of Brookings relies on wells and water supplies from the same upstream sources. We believe that contamination from a source located at the highest point in the county will certainly travel the length of the natural waterway, and have far-reaching, significant impact on virtually every population of the County. When a containment failure occurs, as the history of these facilities suggests is virtually inevitable, due to both man-made and natural unforeseen events, the consequences are forever. We believe the Zoning Ordinances exist to protect the essential water resources of this region, and we expect DENR to use the Ordinance when reviewing any and all applications for CAFO facilities. In this case, we believe DENR will, after careful evaluation, agree that the site in question does not qualify for the CAFO permit, and will deny the request. 5. CAFO Application “…Part IV. Facility Design…” indicates that “…the proposed site will be supplied by a rural water system….” Further, it states that “…it may be required for water supply lines to pass beneath the flume [manure handling system] and recycle line….” We believe that this is an unacceptable design proposal. Given that the gravity-flow flume system is designed to carry the waste products from the CAFO barns to the manure-holding ponds over a significant area of fill soil and bermed containment facilities, the potential for ruptured water lines due to soil movement, particularly seasonal frost/thaw heaving is extremely severe. The potential risk for contamination of the system, let alone a serious water leak and shut-down, is unacceptable. Hundreds of families and farms in the area use the Brookings-Deuel Rural Water System, which may be the supplier in this case, and have experienced and observed countless water leaks caused by natural and man-made action. The interruption of this essential infrastructure has serious implication to every user, but is particularly troublesome to rural users whose alternative water sources may be limited or even non-existant. Finally, we believe that the serious limitations of the proposed site are indications that minimal planning was done prior to submission of the application, and do not adequately factor in the existing environmental challenges of topography, climate, plant and animal populations [including human], and surface and sub-surface water resources. We believe that our concerns address broad questions of adverse impact on the entire rural community, and thus deserve to be carefully and thoughtfully researched, documented, and evaluated in that regard. In the long-term, the well-being of the larger community and the environment in which it exists—not the financial interests of individual business operators--must be of paramount importance, to be safe-guarded for current use, and treasured for future generations. We trust that you and your agency will carefully investigate the points we have brought to your attention, as you assured us some few weeks ago you are required to do, and respond fully to the concerns we have regarding this industrial-scale facility. Ultimately, we request that your agency deny the applicant the requested CAFO permit, based upon the severe natural limitations of the site and the proposed inappropriate use. Thank you very much for your attention to this serious and pressing matter.
Yours truly, Donna H. Ramsay John D. Ramsay, M.D. |