Smith-Loomans, Sandra J - DNR

-*\ Smith-Loomans, Sandra J - DNR

From: Branco, Daniela H - DNR on behalf of DNR Administrative Rules Comments Sent: Monday, October 7, 2019 2:39 PM To: Smith-Loomans, Sandra J- DNR; Marshall, Melody A- DNR Subject: FW: Submission of Comments for SS-077-19

Sandra: and Melody,

I am forwarding this to you both because I am not sure to what rule this comment is related to.

Thank you

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Daniela H. Branco Phone: (608) 266-7524 [email protected]

From: Dave and Donna Swanson Sent: Monday, October 7, 2019 7:23AM To: DNR Administrative Rules Comments Subject: Fwd: Submission of Comments for SS-077-19

------Forwarded message ------From: Dave and Donna Swanson Date: Mon, Oct 7, 2019 at 7:16AM Subject: Submission of Comments for SS-077-19 To:

I would appreciate receiving a confirmation that this email has been received and will be included for the public hearing being held at 1 pm on Oct. 8.

Thank you.

Donna Swanson f3 Comments Statement of Scope Pub Hearing Comments for public hearing related to DNR Statement of Scope SS-77-19, relative to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

Donna Swanson, Grant County Rural Stewardship

Nearly two years ago, a farming neighbor of ours in Grant County drastically expanded their dairy operation, building a new facility to milk nearly 2000 cows. This facility sits about a mile to the south and another, to the north, is less than a mile and houses several hundred steers. In total, this neighbor is permitted, by the DNR, for 5000 animal units. Our home sits between these two facilities that store millions of gallons of liquid manure that is eventually spread on fields surrounding us for miles.

Grant County has a very vulnerable landscape and is highly susceptible to the opportunity for liquid manure to contaminate private, rural wells. We have bedrock aquifers with carbonate rock near the surface. Groundwater moves through the fractured bedrock and karst conduits, such as sinkholes and the flow can be very rapid. During this past two summers in particular we have had multiple, heavy periods of rainfall in which we have received 4-6 inches of rain within 24-hour periods. Rivers of muddy water have been clearly visible running down through the fields of the rugged, hilly terrain in which we live.

We, along with other neighbors, became concerned about this threat to our wells and drinking water. In addition to testing our water we have taken steps to educate ourselves about the potential for contamination and to learn more about the geology of our area and the impact on water quality. A year ago, Grant County, along with Iowa and Lafayette Counties undertook a comprehensive study of rural, private well water. The Southwest Wisconsin Groundwater and Geology Study has conducted two rounds of sampling thus far for which result and analysis are available. The results show a concerning level of nitrate and bacteria contamination in our county.

While southwestern Wisconsin's geology may not be identical to the eastern part of the state for which the targeted performance standards for abatement of nitrate pollution in groundwater were developed, it is no less a sensitive area. I, along with the other members of our organization, encourage the Board to approve the Statement of Scope and to move forward to adopt the targeted performance standards for all portions of the state which are deemed sensitive areas.

Donna Swanson 5940 Stanton Rd. Platteville, WI 53838 608-642-3054 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Tuesday, October 29, 2019 7:11 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

FYI, related to WT-19-19.

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, October 28, 2019 6:04 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Forest Jahnke Address: 43188 Guthrie Rd, Rolling Ground Wisconsin 54631 Email: [email protected]

Organization: Crawford Stewardship Project

Comments: 10/28/2019

Comments for public hearing related to DNR Statement of Scope SS-77-19, relative to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

To: Brian Weigel, Department of Natural Resources, and the Natural Resources Board

The scoping statement notes that the target is areas, "with highly permeable soils that are susceptible to groundwater contamination", but as bedrock was the key driver of new protections in Eastern Wisconsin, and it is not only shallow soils, but fractured and extremely permeable bedrock that is a cause of concern in Southwest Wisconsin, we assume that this will be a primary consideration as well.

Four years ago, when I was asking those involved in moving groundwater protections forward in Kewaunee and Eastern Wisconsin what it would take to get Southwest Wisconsin the same kind of attention, study, and perhaps even protections from the state, I was told (to my utter shock and disappointment) that our karst geology was different, that we had to prove that we were in the middle of a drinking water health crisis, and that we must show that the current standards and best management practices were not sufficient by getting 90% or so of ag land under nutrient management plans (NMP).

As I suspect these arguments will again arise as a case to quash the proposed actions to study and protect additional sensitive areas of Wisconsin, I will address each excuse specifically.

First and foremost, it is not our local responsibility to prove that the mess created by the one-size-fits-all state regulatory policies (which have preempted local control and allowed for unchecked consolidation of the ag industry) are contaminating our water. However, we have been taking the necessary first steps to begin getting the basic data needed to see what the regional groundwater quality is, and hope the state will put its money where its mouth is and chip in to the effort.

Second, yes, the layers of Platteville/Galena limestone, St. Peter sandstone, Prairie du Chien dolomite, and Jordan and older sandstones that we live on are indeed different than the Silurian dolomite and underlying shale of Eastern Wisconsin. While much less studied, we do know that our bedrock is considerably older, and the carbonate layers (as well as parts of the sandstone) tend to have larger and more developed karst features. In Crawford County, we drink largely from sandstone aquifers, naturally some of the best in the world, and the contamination levels seen in Eastern Wisconsin will not be noted so suddenly, but once polluted, the contamination will persist for more generations of humans than are likely to exist. Consider it forever. At that point, and I will repeat that we don't even know where we are now, the only option to provide our people potable water will be costly fixes at the tap by affected residents, or expensive ultra-deep wells that tap into water stored thousands of years ago. We will not accept this for our area. If anything, these differences would intuitively imply increased risks of contamination, and the urgent need to protect our resources before they are compromised.

To the third excuse for lack of state action, I will point out that Crawford County has made major progress in the last few years getting land under nutrient management plans ... and have just passed 10%. Between the rugged topography which generally dictates much smaller farms, and lack of capacity in our county conservation departments, we are unlikely ever to achieve 90% of acres under NMPs. I have spoken with a neighboring county conservationist who has over twice the staff of Crawford county, yet tells me that it would take five more staff to fully implement even the existing NR 151 regulations. If we are not already in a health crisis, this is just waiting to happen, as the agencies and our laws continue to permit every single CAFO proposed for our region, regardless of the size or sensitivity of the landscape and watersheds, without so much as an Environmental Impact Statement.

To compound our issues, major changes are at hand in weather and precipitation patterns, with flash-flooding testing the resilience of our landscapes exponentially more than in past, and our municipalities, counties, and the state are woefully unprepared to handle them.

We applaud the state efforts recently to include public hearings on Livestock Siting Law rule changes and legislative ground water hearings. However, actions to protect our water need attention now. Economics is a realistic part of this effort. In Crawford County agriculture, tourism, and real estate values must be kept in balance, each requiring clean water and air.

As you move forward with this process, we sincerely hope that the DNR taps into the good work that has been done on the ground by organizations, municipalities, and counties in the communities it proposes to study, and truly takes into account the many complexities of our watersheds, both above and below ground. This is the only way a wholistic vision of the problem and solutions will manifest, and the way we can move forward from a past of negligence and division to a future of environmental justice and protections for our basic rights.

Thank you for your time,

Forest Jahnke Crawford Stewardship Project- Program Coordinator 43188 Guthrie Rd, Rolling Ground, Wi. 608-632-2183 fj a h n ke @crawfo rdstewa rdsh i p.org Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Wednesday, October 30, 2019 8:01 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Tuesday, October 29, 2019 12:11 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: MATTHEW OEHMICHEN Address: W606 Short Road, Colby WI 54421 Email: [email protected]

Organization: Short Lane Ag Supply & EPPIC

Comments: My name is Matthew Oehmichen, raised on a dairy farm in northern central Wisconsin, now currently an owner of Short Lane Ag Supply LLC, an independent ag. retailer, and an advisory board member of the largest farmer led watershed group named Eau Pleine Partnership for Integrated Conservation (EPPle). Our Wisconsin Department of Natural Resources should be, and needs to be, allowed to start the process of engaging in targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. No one else really is, and frankly, someone has to. Let's please stay true to our Wisconsin motto, and move forward. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 1, 2019 8:24AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Thursday, October 31, 2019 10:52 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Rosa HENDRICKX Address: 48193 COUNTY ROAD E ------,STEUBEN WI 54657 Email: [email protected]

Organization:

Comments: Harvest Lane in Marietta Township is with it's Karst geology located in a very sensitive area of the Driftless making it absolutely the worst place to establish the proposed CAFO to raise pigs. Any manure spills/leaks will pollute the groundwater for which a clean-up is impossible. The same goes for the Village of Steuben where another CAFO is being considered. PLEASE protect the health and well being of the people and the land of this area. Thank you! Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 1, 2019 12:55 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 12:35 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Dennis Grzezinski Address: 3025 N. Farwell Avenue, Milwaukee WI 53211 Email: [email protected]

Organization:

Comments: I have worked for many years on water-related issues as an environmental attorney, and as a former Commissioner of a wastewater treatment and flood control agency. Wisconsin is belatedly addressing the widespread problem of excess nitrate contamination in our waters. I commend the DNR for beginning work on this by developing the scope statement 077-19 for rule WT-19-19, and I fully approve of that scope statement. The substantive work on addressing this problem needs to start now, not many months down the road. The DNR needs to be allowed to start work on engaging stakeholders to develop the targeted performance standards for places that have both high levels of nitrate and highly susceptible soils. Doing this is an urgent matter, as the health of people and the life of our waters cannot wait any longer for solutions. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 1, 2019 12:55 PM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 12:52 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Jeffrey Schimpff Address: 2721 Kendall Avenue, Madison WI 53705 Email: [email protected]

Organization: Public Trust Beneficiary

Comments: Hello,

I approve of the scope statement 077-19 for rule WT-19-19. It's long past time to stop delaying this rule and get it done so that we can begin to clean up a serious health threat in many parts of our state.

Wisconsin DNR, the state legislature, farmers, conservation groups, and industry lobbying groups have all know for many years that Wisconsin's nitrate water contamination problems must be addressed.

I urge the DNR to start the process of engaging the full range of stakeholders to solidify targeted performance standards in locations that have both high levels of nitrate and highly susceptible bedrock and soils. There has been a wealth of information provided and a number of adequate solutions proposed, at previous hearings around the state, so that this rule process can be concluded within a year and a half.

The health of Wisconsin citizens and our multi-value waters must not be jeopardized any longer! Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 1, 2019 1:33PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 1:18 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Kathleen Riley Address: 615 Briarcliff Court, Hartland WI 53029 Email: [email protected]

Organization: WI 374 YJM

Comments: [email protected] approve of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems need to be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of people and our waters can't wait any longer for solutions.

I am vegan and concerned about the pollution, deforestation and health issues involved in livestock production.

Please take action now. Thank you so much!

Kathleen Riley Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 1, 2019 1:37PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 1:35 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Bobbi Rongstad Address: 14363 N Heffners Rd, Saxon Wisconsin 54559 Email: [email protected]

Organization:

Comments: Haven't we talked about this long enough?? it has been common knowledge for several years that big agriculture is polluting groundwater. I approve of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems need to be addressed NOW. The DNR must start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. Our well was contaminated after a flood a few years ago, requiring us to bring drinking water from elsewhere for 3 months. I cannot even imagine what it is like for families who have to deal with bringing water from elsewhere for a family. Wisconsin should NOT be putting the desires of large agricultural complexes ahead of the needs of families trying to live here. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 1, 2019 1:37PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 1:36 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Michael Crites Address: 655 Kenney Ave #11, Eau Claire WI 54701 Email: [email protected]

Organization:

Comments: We all know that Nitrate pollution is a bad thing and and we all know how to fix this problem. It's time to fix the problem. Stop wasting everyone's time and get to work fixing the problem.

There is one other option and that is for all of you to retire and let people that are actually capable of getting the work done do the work. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 1, 2019 3:18PM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 3:15PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: James Salkas Address: 16430 Leslie Ann Dr, Tinley Park IL 60477 Email: [email protected]

Organization:

Comments: Nitrite pollution is a serious environmental problem. I approve of the scope statement 077-19 for rule WT- 19-19. Wisconsin's nitrate contamination problems need to be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of people and our waters can't wait any longer for solutions. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:03 AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 3:32PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Marty Wilke Address: N877 Spring Lake Estates Drive, Neshkoro WI 54960 Email: [email protected]

Organization: Waushara Commoners

Comments: Dear Department of Natural Resources and fellow Wisconsin groundwater resource advocates: The DNR must go forward and update the NR151 and NR243 standards to address the increasing number of elevated nitrate levels found in citizen's private-well drinking water across the state, and particularly in the Central Sands Region where I live in Waushara County. Our county is engaged in a 3-year grant-funded project to obtain nitrate water samples and submit for testing by UW-SP WEAL to provide a baseline database of where our own nitrate problems are located. This is the 2nd year and randomly-selected homeowner addresses are mailed invitations to participate in this project hoping to fill in sections of our county where no nitrate well-water results are available. Already above safe standard level nitrate results are reported. Our own Waushara Co Land Conservation Department and Public Health Department are submitting letters of support for the Statement of Scope SS 077-19.

Through a grassroots citizen's advocacy group of Waushara Co citizens, the Waushara Commoners held two events over the summer and fall (7 /14/19, 9/21/19), inviting our fellow county neighbors via local newspaper, our county's branch libraries, and local radio stations) to bring their own samples of drinking water from their home's well-water for a simple nitrate test to encourage anyone with results close to and/or over the level of 10 mg/1 N to obtain the "homeowner's test kit" from our UW-Ext office or thru WEAL and submit a sample to UW-SP WEAL for analysis and inclusion in the state database.

These outreach efforts resulted in a) increased homeowner participation in the second phase of the county-funded nitrate project in October, as well as a total of 131 water samples tested thru our two public events (Pine River Winery/Town of Leon and Plainfield Public Library/Plainfield), and two samples from the two streams our group monitors thru the Central WI TU "WAV" volunteers (Upper Pine River/Wild Rose= <2 mg/1; Humphrey Creek/Wild Rose = 4.0 mg/1).

Our results have been mapped by address in the county and also entered in a spreadsheet which will be submitted to Waushara County's UW-Ext office and Land Conservation Dept. for their own use and possible further testing if helpful. 56.6% samples tested10-20 range, and 3.5% tested >20.

This small sampling demonstrates the need for the Central Sands Region, which has a heavy Agricultural sector, to be included in the "Sensitive Areas" your Statement of Scope's proposed rule changes identify for "Targeted Performance Standards and Prohibitions to Abate Pollution of Groundwater by Nitrates in Sensitive Areas".

Thank you for moving forward to protect our groundwater and drinking water here in Wisconsin. Current rules are not adequate to address nitrates across the state to ensure quality water protections are in place where needed. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:04AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 4:01 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: lrv Berlin Address: 16385 Frels Rd, Cable WI 54821 Email: [email protected]

Organization:

Comments: It is pasts time we did something about Wisconsin's polluted water. Therefore I approve of the scope statement 077-19 for rule WT-19-19. The DNR needs to move forward and start the process of implementing sensible regulations in places that have high levels of nitrates. The health of people and our waters are more important than corporate profits. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:04AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 5:03 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Gail Rollins Address: 14 Copeland Ave #202, LaCrosse wi 54603 Email: [email protected]

Organization:

From: DNR Administrative Rules Comments· Sent: Monday, November 4, 2019 9:04AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 6:14 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Justin Meyer Address: 2510 Upham St., Madison WI 53704 Email: [email protected]

Organization:

Comments: I approve of the scope statement 077-19 for rule WT-19,19. Wisconsin's nitrate contamination problems need to be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of people and our waters can't wait any longer for solutions. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:04AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 6:44PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Nicole Spear Address: 29 S Grant St, Madison WI 53704 Email: [email protected]

Organization:

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:04AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 8:01 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Kay Anonymous Address: E4499 Co Rd C, Downsville WI 54735 Email: [email protected]

Organization:

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:05AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 1, 2019 9:58 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Aaron Cook Address: 2610 12 5/8 St, Rice Lake WI 54858 Email: [email protected]

Organization:

Comments: To whom it may concern,

Sometimes in life the greatest decision you can make is to take a 180 degree turn and take one step forward. Think about that for a bit and maybe you'll understand what that means. With that said, unfortunately, Wisconsin agriculture has gone too far. It has been scientifically proven that meat, dairy, and egg agriculture is destroying or planet at a faster rate than mother nature can keep up. All the lobbied republican politicians down in Madison don't give a damn about the health of this great state or the people in it. All they care about is the dollar bills in their pockets and the jobs they say they've created. Well, you can't take money with you and the jobs you so god damn care about aren't going to matter if we keep poisoning our own waterways, environment, and people. Wake up, our we'll make you wake up!

Keep Monkey Wrenching, Aaron T. Cook Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:05AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Saturday, November 2, 2019 7:36AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: David Rieckmann Address: W3268 Buffalo Hills Rd, Pardeeville WI 53954 Email: [email protected]

Organization:

Comments: To: Wisconsin DNR- 1 approve of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems need to be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of my family and our waters can't wait any longer for finding solutions to nitrate contamination. Thank you, David Rieckmann Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:05 AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey tp evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Saturday, November 2, 2019 8:26AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Sandra Jotblad Address: 9697 State Road 70, Siren WI 54872 Email: [email protected]

Organization:

Comments: I approve of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems need to be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in placesthat have both high levels of nitrate and highly susceptible soils. The health of people and our waters can't wait any longer for solutions. Not only do the "high risk" areas and those already contaminated need addressing and solutions, but ALL new CAFO sitings in WI need to be highly scrutinized and stern regulations put in place for those existing and for those proposed. It is NOT right or necessary for animal factories to have in excess of 1000 animals. Some professions do not make millions .... that is the profession farmers and animal factory owners chose. If the size of operations needs to be limited in order to PRESERVE THE AIR AND WATER AND LAND VALUES OF ALL the citizens, then THAT IS WHAT MUST BE DONE! For existing CAFOS who are left to self-regulate due to understaffing at DNR, there needs to be ACCOUNTABILITY. Remove the nuisance complaint aspect from the existing laws and if there are not adequate "watch dogs" from DNR to keep an eye on the factory farms and large family farms (real farms) then NEIGHBORS need to be heard and factory farms need to face real and threatening fines AND penalties for damaging the entire life of surrounding TAXPAYERS! Also, the legal structures of factory farms needs to change so they are not "protected" from lawsuits. Having multiple LLC's so they can just shut them down when they are sued leaves damaged neighbors with no recourse. There should be a law that any new CAFO should post a bond for an amount determined by the area where it is located, to purchase or recompense any properties surrounding it that would be at risk of damage. There may be differing opinions on the role of the DNR- some people don't care about all of our natural resources, but WATER and air quality are two resources that we 1) can't live without, and 2) are not replaceable. This is a no-brainer. Please do the obvious and protect our water and air! Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:06AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Saturday, November 2, 2019 3:58PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Penny Howell Address: N5946 Cass Ct., Green Lake WI 54941 Email: [email protected]

Organization:

Comments: I am in support of Gov. Evers recommendation to improve water pollution standards. Nitrates have been linked to infant mortality, birth defects, diabetes, etc. We have too much on the line in this state to ignore this problem. I want stricter standards on pollution so the future generations of citizens do not have to be concerned about this. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:06AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Saturday, November 2, 2019 6:13 PM · To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Celeste Cinquino Address: W2170 Tuleta Hill Rd, Markesan Wl53946-8657 Email: [email protected]

Organization:

Comments: Nearly 100,000 homes in Wisconsin have wells contaminated with nitrate. This is happening right here in Markesan and the surrounding communities and it has to stop. Unsafe drinking water is linked to cancer, diabetes, infant brain damage, lifelong learning and behavioral problems, and many more negative health outcomes. As a grandmother of two babies this concerns me greatly. These terrible effects on our individual health combine to create tragic consequences for communities across Wisconsin. Last year, the state passed new manure spreading rules for eastern Wisconsin. These common sense rules limit where manure can be spread. These should be expanded to the entire state. We also to set a nitrate standard for our drinking water. I urge the DNR to consider commencing a rule making process that will protect the citizens of Wisconsin despite the efforts of big lobbying groups that want to stop this process. It is the duty of the DNR to make the right decision to protect its citizens, their health and their drinking water. Thank you. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:06AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Saturday, November 2, 2019 6:29 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Mary Jones-Giampalo Address: N7282 Trophy Dr., New Lisbon Wisconsin 53950 Email: [email protected]

Organization:

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:06AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Saturday, November 2, 2019 6:54 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Glory Adams Address: 1216 S Farwell, Eau Claire WI 54701 Email: [email protected]

Organization:

Comments: Having public comments and hearings on a scope sequence can be positive in creating transparency. However, the published scope is rather non-specific, which can lead to false information being presented along with assumptions. It is of utmost importance that the final draft rule go forward so it is critical that the NRB approve the scope statement.

The Water Task Force has shown that Wisconsin citizens are in favor of eliminating well water contamination along with surface water pollutants. Research has shown that agriculture bears significant responsibility for contaminating ground water, especially in certain geologic areas where present guidelines have not worked.

Drinking water must be protected even when it costs more.

Please approve the scope statement and allow the process to go forward. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:07AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 emma .esch @wisconsin .gov

-----Original Message----- From: [email protected] Sent: Sunday, November 3, 2019 6:03AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Manjari Chatterji Address: 906 jacobsen, Neenah WI 54956 Email: [email protected]

Organization: Uw oshkosh

Comments: CAFO's and their waste is a major problem. Permits should not NE renewed. Smith-Loomans, Sandra J- DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:07 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Sunday, November 3, 2019 10:10 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Mark Laustrup Address: 15244 W Circle Road, Hayward WI 54843 Email: [email protected]

Organization:

Comments: No more delays. You were elected to represent your people, not your LLCs. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:07 AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Sunday, November 3, 2019 12:49 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: cindy carter Address: 1102 N Superior St, Appleton wi 54911 Email: [email protected]

Organization: n/a

Comments: I am tired of BIG AG running this state. They are POLLUTERS and it is time to reign them in. The blue green algae and phosphorus issues are out of control. I would rather DRINK WATER than eat beef. Force BIG AG to take responsibility for their cow manure. ENOUGH already. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November4, 2019 9:10AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 8:38AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Cheryl Alexander Address: 627 W. Water Street, P.O.Box 173, Princeton WI 54968 Email: [email protected]

Organization: 1950

Comments: Thousands of home wells are being contaminated with nitrates from runoff. This must end. Common sense rules regulating manure spreading should be statewide, as well as setting nitrate standards for all drining water. Do not let lobbying groups interfere with setting safety standards for water in Wisconsin. Begin the rule making process now. Protect the health and quaality of water for the citizens of Wisconsin. Please expand NR151. Part of that expansion must include rededication of the big tax breaks given to afew of the largest farms and manufacturers, and to be allocated to the vast majority of working farms in Wisconsin. Thank you for consideration. Cheryl Alexander Princeton, Wisconsin Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:30AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 9:26AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Sheri Denowski Address: 517 Court St, Rm 102, Neillsville WI 54456 Email: [email protected]

Organization: Clark County Land Conservation

Our water is valuable, and we aren't placing the proper cost on it to protect it. I work with farmers every day, and many are willing to implement new conservation practices to protect our water, but we need to insist that our water is protected. We need to stop asking landowners to protect our water, we need to require it. It affects everyone (the farmer, neighbors, everyone). Why should others bear the costs of doing business the way we have been doing it? If my well gets contaminated, and I have to drill a new well, I will spend around $9,000 for that- no matter who did the contaminating.

Thank you. Smith-Loomans, Sandra J - DNR

From: Marshall, Melody A- DNR Sent: Monday, November4, 2019 9:17AM To: Smith-Loomans, Sandra J - DNR Cc: Esch, Emma G - DNR Subject: FW: Nitrate standards for groundwater

I think this may actually be related to WT-19-19. Sandra, can you confirm?

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Melody Marshall Environmental Management Division Wisconsin Department of Natural Resources 608-267-2463 [email protected]

-----Original Message----- From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 9:10AM To: Marshall, Melody A- DNR Subject: FW: Nitrate standards for groundwater

I believe this may be related to DG-15-19, but I'm not positive.

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 8:02AM To: DNR Administrative Rules Comments Subject: Nitrate standards for groundwater

Hello, I believe that nitrate levels in groundwater should be addressed by toughening monitoring requirements for operators and reducing permitted levels of nitrogen application in areas with already high levels of nitrate. I live near Nelsonville and a recent analysis of source testing by a hydro geologist showed agricultural land use has tainted 25 wells there. That is unacceptable. Jim McKnight- 1599 Cty Rd ZZ N, Amherst Jet. WI

Sent from my iPhone Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 10:28 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 10:13 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Michael San Dretto Address: 467 Hawthorne St., Neenah WI 54956 Email: [email protected]

Organization:

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 10:38 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 10:38 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: James Rowen Address: 3107 N. Hackett Ave., Milwaukee Wisconsin 53211 Email: [email protected]

Organization:

Comments: Please take all relevant water quality improvement actions immediately. Enough is enough. We can do better because we know better. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 10:44 AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Scope Statement SS 077 19 Written Testimony Attachments: DNR Water hearing.docx; ATT00001.htm

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Kurt Wilkens Sent: Monday, November 4, 2019 10:40 AM To: DNR Administrative Rules Comments Subject: Scope Statement SS 077 19 Written Testimony Scope Statement SS-077 -19 (Written Testimony NR 151)

November 4, 2019

I lived in Southern Door County in the 1980s and am very aware of how well water contamination can affect availability of healthy drinking water. I heard of wells contaminated with lead arsenate in old orchard areas, high nitrate levels in agricultural areas and E. coli in residential areas. My employer notified their employees of high nitrate levels in the well water and warned of the possible consequences of consumption by expecting mothers and infants.

At that time new regulations and agricultural practices were established to reduce these problems in Door County but a lot of damage had already occurred and these problems still exist today. I believe modern farming practices as well as regulation and strict adherence to those regulations and practices are necessary to protect this valuable natural resource.

Now I live in Green Lake County and have learned of elevated Nitrate levels in water samples collected here and tested in a county wide testing program. I have also heard of an increase in elevated Nitrate levels in other parts of Wisconsin including the Central Sands Area as well as the South Western part of the state among others. Standards that apply to the Eastern part of the state should be expanded to other areas.

We should learn from our past experience and take steps to protect ground water throughout Wisconsin NOW instead oflater when the damage is done.

Protection of our water is a nonpartisan issue! It is time for our legislators the DNR and our farmers to address this issue! Inaction would be an expression of incompetence and irresponsibility!

We all need clean water for our health, the health of our grandchildren, our economy, wild life, environment and the future of Wisconsin

Kurt Wilkens W872 Leslie Ln. Green Lake, Wi. 54941 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 11:19 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 10:56 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Emilee Martell Address: 431 208th Ave, Somerset WI 54025 Email: [email protected]

Organization:

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 12:49 PM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 12:42 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Marsha Brown Address: N1732 Wochos Road, Kewaunee WI 54216 Email: [email protected]

Organization:

Comments: I approve and applaud of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems need to be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of people and our waters can't wait any longer for solutions. I have lived in Kewaunee county since 1970. The home we bought had a dug well and we were told immediately about possible nitrate contamination. We never used that water for drinking but were able to use it for cleaning, clothes washing, and bathing. We also immediately replaced the septic field so had no real concerns about it. Then in 2013 that well was fouled and although we never found out what was causing it the stench from the well water was horrible. We immediately contracted with a well driller and had a new well installed. It has tested fine since then although the high iron content is rather amazing. I can deal with iron but never want to deal with dangerous, health destroying water. There are two CAFOs within 3 miles of my well and although we do have much more than 20 feet to bedrock the water table is a concern for me as it should be to all of us. My dear friends in Lincoln township with the karst have watched their wells become unusable over 5 years ago with no real help from the DNR or our legislators. How many more listening sessions must be held? I attended the Green Bay listening session and the information continues to be repeated but who is listening? It is unbelievable to me that scientists, environmentalists, professors, some DNR personnel, and neighbors have begged for recognition of this continuing and frightening problem for all our water. It is time for action; no, it is long overdue for action. Please start acting upon the science. Please protect our water. Please help the citizens of Kewaunee county and also all the citizens of Wisconsin. Sincerely, Marsha and Gary Brown Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 2:08 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 2:08 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Caryn Cowin Address: 5823 Albright Court, Eau Claire Wisconsin 54701 Email: [email protected]

Organization:

Comments: I approve of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems must be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of people and our waters can't wait any longer for solutions. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 4, 2019 3:26 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Written testimony NR151

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvev to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Mary Filion-Zuelsdorf Sent: Monday, November 4, 2019 3:24PM To: DNR Administrative Rules Comments Subject: Written testimony NR151

To Whom It May Concern:

My name is Mary Filion-Zuelsdorf. My husband Thomas Zuelsdorf and I own a home and 12 acres of land at N4048 Amity Rd in Brandon, WI which is in Fond duLac County. We have lived here for 10 years. Our property is in close proximity to agricultural fields which at the present time are planted with corn. There are also two CAFO's within a few miles of us. When we first moved here, we did not notice manure being sprayed into the air over nearby fields. Now that is a regular occurrence several times a year .. Because of this, I no longer hang sheets etc. on a line to dry. If i d,o they will smell like manure. I also do not go outside on those days because my hair and clothes will stink .. These are annoying inconveniences which we did not experience 10 years ago. Our bigger and more serious concern is questions about the safety of our well water. There is scientific evidence that nitrate pollution of water in WI is a reality. It is reported that nearly 100,000 homes in WI have wells contaminated with nitrates. We have not yet had our well tested but are very concerned. Nitrate pollution needs to be addressed now across the state including in our county. The evidence points to numerous health risks including cancer, and low birth weight/ birth defects in infants. As taxpayers and citizens of WI we deserve to have safe drinking water. Governor Evers and the state legislature said they were dedicating this the year to insuring safe water. Now is the time to act. This problem must be addressed on a statewide level and not through funding of small voluntary efforts. Reallocating the big tax break given to the largest farms and manufacturers to the majority of farmers could be a step toward clean water investment. The DNR must begin the rulemaking process for an expansion of NR151 across the state, and the Speaker's Task Force must make recommendations that prevent the pollution contaminating our drinking water. They must do this in spite of lobbyists attempts to weaken pollution controls. Act now to make our drinking water safe now and in the future. Thank you.

Mary Filion-Zuelsdorf 262-70-4591

Virus-free. www.avast.com Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 8:53 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 8:00PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Zach Laughlin Address: 1408a College Ave, Stevens Point WI 54481 Email: [email protected]

Organization:

Comments: I am originally from Ohio and have experience working on a soil and water conservation district. I have a passion for cover crop adoption, which is a solution to the nitrate problem.

Currently, I am partnering with a conservation district near Lake Erie to get funding through SARE (USDA) in order to pilot an idea we developed called "The Seed Money Challenge." The model seeks to support a growing community of farmers who utilize cover crops by focusing on a small core group and expanding from there. The approach also seeks to use innovative communication methods such as social media to attract new farmers and educate the public.

I'd be happy to help out. Please reach out and contact me if interested. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 8:54AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 8:41 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Scott Bordeau Address: 537 Barnum bay trail, Nekoosa wi 54457 Email: [email protected]

Organization:

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 8:54AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Monday, November 4, 2019 8:52PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Angela Tornes Address: 3223 S INDIANA AVE, Milwaukee WI 53207 Email: [email protected]

Organization:

Comments: Dear NRB members,

I approve of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems need to be addressed as soon as possible. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of our people and of our waters can't wait any longer for solutions.

Thank you. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 8:54AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurveyto evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Tuesday, November 5, 2019 6:55AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Geri Harju Address: 3149 Hawk Ridge Trail, Suamico Wisconsin 54313 Email: [email protected]

Organization: Wisconsin Taxpayer

Comments: As a concerned citizen, land owner, and registered nurse, I approve of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems need to be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of people and our waters can't wait any longer for solutions. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 10:27 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Tuesday, November 5, 2019 10:03 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Harry Pulliam Address: W5120 COUNTY ROAD W, NEW GLARUS Wl53574 Email: [email protected]

Organization: Sustain Rural Wisconsin Network

Comments: I approve of the scope statement 077-19 for rule WT-19-19. We know very well that the primary source of nitrate pollution in Wisconsin is runoff from agriculture. Carefully performed well water studies have shown this. As demonstrated by over-the-top nitrate contamination in the Central Sands, Southwest Wisconsin (my rural area) and other parts of the state, our current manure-spreading rules are not working and need serious revision. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The time for endless study and debate have passed. We need solutions now. The health of Wisconsin families and our waters depends on it. Smith-Loomans, Sandra J - DNR

From: alison barazani Sent: Tuesday, November 5, 2019 9:54AM To: Weigel, Brian M - DNR Subject: Water protection needed for SW Wisconsin

Dear Mr. Weigel, As a resident of Crawford County I am forwarding a letter submitted to you from the Crawford Stewardship Project. This letter states better than I my concerns for the protection of our water quality. The unique geology of SW Wisconsin puts this area at an extraordinary risk of environmental degradation and it infuriates me that any operation - be it agricultural or otherwise - has the ability to POISON the water for all residents due to the lack of regulation and supervision. We need to take care of our precious natural resources! Thank You, Alison Barazani 47618 Painter Lane, Steuben, Wi. 54657

10/28/2019

Comments for public hearing related to DNR Statement of Scope SS-77-19, relative to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

To: Brian Weigel, Department of Natural Resources, and the Natural Resources Board

Crawford Stewardship Project was relieved to hear that the state plans "to establish agricultural non-point source performance standards targeted to abate pollution of nitrate ... in sensitive areas". After this proposal went through all the levels of Conservation Congress, receiving overwhelming support in 70 of 72 counties a year and a half ago, we were wondering when we would see movement on this, knowing this would only be the beginning of a multi-year process. protections in Eastern Wisconsin, and it is not only shallow soils, but fractured and extre As I suspect these arguments will again arise as a case to quash the proposed actions to study and protect additional sensitive areas of Wisconsin, I will address each excuse specifically. mely permeable bedrock that is a cause of concern in Southwest Wisconsin, we assume that this will be a primary consideration as well.

Thank you for your time,

Forest Jahnke Crawford Stewardship Project - Program Coordinator 43188 Guthrie Rd, Rolling Ground, Wi. 608-632-2183 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 10:27 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Tuesday, November 5, 2019 10:20 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Jill Melchoir Address: 3401 Blackberry Ln, Green Bay WI 54313 Email: [email protected]

Organization:

Comments: I approve of the scope statement 077-19 for rule WT-19-19. Wisconsin's nitrate contamination problems in our water and soil need to be addressed. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of people and our waters can't wait any longer for solutions. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 10:49 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch. Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Tuesday, November 5, 2019 10:34 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Danika Brubaker Address: 4410 Wakefield Street, Madison WI 53711 Email: [email protected]

Organization:

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 11:19 AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Tuesday, November 5, 2019 11:13 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Kathleen Knueppel Address: PO Box 221, Gresham WI 54128 Email: [email protected]

Organization: of one

Comments: I live close to Gresham Wi. The huge industrial farms are using big gas tankers pulled by semis to spread liquid fertilizer. The tankers have no license plates I suppose because they are considered farm implements, but it is so awful to see so many of them on our roads spreading these nitrates without caring about our water systems. I reported three of these used oil tankers in an abandoned small gravel pit right by the Lower Red River damn earlier this year. When they disappeared I thought something had been done about it, but now I have identified these same tanker trailers being used to haul liquid fertilizer. It is the amount of fertilizer being spread all over that scares me and I am not scared easily over environmental things. This HAS to be regulated somehow! Please! Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Tuesday, November 5, 2019 11:46 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: November 4 Hearing Remarks on NR151 Attachments: Aid David Shorr Statement on Nitrates to DNR 11-4-19.pdf

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From: David Shorr Sent: Tuesday, November 5, 2019 11:45 AM To: DNR Administrative Rules Comments Subject: November 4 Hearing Remarks on NR151

Dear colleague,

I am sending an electronic copy of the remarks I made at yesterday's Natural Resources Board hearing at the Hancock Research Center. Thank you for making sure they are included in the record. All best, Ald. David Shorr

David Shorr lnd Uh.frli;t Aki~·Jllt!Pil»l

Ciiy l)f Slf.!H!II~ l\lilll 2509 f'<.ot:k Slroct .Stevens P·oint, WI 54481 715·544·41:!1 l'-lllull oltldn\'idmmn!!•gm~il ..:olll Wcb>i.l,~: ~lcvcmpnin1.(X-.u

Please note that in accordance with state open records laws, any communications with this email account are considered matters of public record. STATEMENT OF ALDERPERSON DAVID SHORR OF STEVENS POINT

TO THE NATURAL RESOURCES BOARD

NOVEMBER 4, 2019- HANCOCK RESEARCH STATION

You're hearing many statements this afternoon about environmental science, the health impacts of nitrate contamination, and the agronomy of nutrient management. I don't have any new information to add on those topics. But then, lack of information is not the main problem. If anything, there's a danger in claims of ignorance about nitrates in the groundwater-that we don't know enough to take action. You can always postpone action on a problem and use the supposed need for more information as an excuse for procrastinating.

So we need to keep sight of the central problem of public policy. This is above all an issue of political decision making rather than environmental science. We know that high levels of nitrates pose significant health threats. We know that current nitrate levels for tens of thousands of private wells are unhealthy. The real question is, what are we going to do about it?

My graduate degree is a masters in public administration. A key piece of that training was to always keep sight of how different sets of interests-different constituencies-are balanced. Flipping it around the other way, looking at how different interests may be out-of-balance, as they are in this case.

I mentioned the testimony you're getting on health impacts or the agronomy of nutrient management. I want to make a few points on the relationship between these two things. Again, this is a classic public policy question: striking a balance between private business interests and the broader public interest. Farmers naturally want to maximize their crop yields, and their neighbors in the community need clean water to drink, cook, and bathe with.

There has to be a balance. Of course you don't want to impose rules and requirements that make it impossible for farmers to make a profit. On the other hand, there have to be limits on any industry or else you have a Wild West where the public isn't protected.

We all know that farmers are under more economic pressure than ever. Being married to an Iowa farmers' daughter, I know farming is a very tough business. My in-laws talk about it as basically a form of gambling.

And I know this issue is often framed in a divide-and-conquer way as being a battle between farmers and anti-farming environmentalists. And that framing itself is part of the politics of the issue, and it's painted that way on purpose. Because if you paint any actions to protect groundwater-even modest commonsense steps-as being anti-farmer, then agriculture can operate with a free hand. That way, you keep from having even the kind of sensible rules that most sensible farmers could live with.

Now coming to the heart of the matter. This is about a way of doing business. Wisconsinites know how to take care of the land. The problem comes from a set of bad actors who have strayed from the traditions and values of our state. We're simply arguing for a better system so these bad actors don't get a free pass to mistreat the land and the communities they operate next to.

So when the biggest, most powerful ag lobbies resist new NR151 rules, they aren't speaking for all farmers. They're using farmers as a political shield where the majority of environmentally-minded Wisconsin farmers provide cover for the bad actors. Proving that lobbies don't speak for all farmers, look at the way the Wisconsin Farmers Union has been pushing for new NR151 rules.

In looking at any public policy problem, one thing you look at is the status quo. Who benefits from the status quo? Here the answer is pretty clear. The producers who use or spread nitrates excessively of course want as few rules or inspections as possible. And they want to keep it that way. But the status quo isn't working. It certainly isn't working for the public health of Wisconsinites. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Wednesday, November 6, 2019 8:38AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Citizen input/testimony for NR 151 Attachments: N R151 letter.docx

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Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Jocelyn Hoeper Sent: Tuesday, November 5, 2019 5:43PM To: DNR Administrative Rules Comments Subject: Citizen input/testimony for NR 151

Please see attachment regarding my input for the upcoming public hearings on NR 151. Thank you. Jocelyn M. Hoeper November 5, 2019

To Whom It May Concern,

I am a lifelong Wisconsin resident and taxpayer who is concerned about the overall decline of water quality in our beautiful state. I have been very fortunate to have lived on the shores of Green Lake for almost forty years but have seen firsthand a decline in the overall health of the lake. I am saddened and disturbed at the problems created for this great natural resource by area farm run-off. Fortunately, committed local citizens and professionals have been working hard to address these concerns and maintain a balance between the needs of local agriculture and the need to protect the lake. However, state-wide efforts are needed to address an even more significant problem: the on-going threat to the availability of clean, safe drinking water in Wisconsin.

Hazardous run-off created by agricultural enterprises constitutes a serious health and environmental problem for non-lake areas in Wisconsin, also. There are many areas in the state where drinking water is currently endangered by contamination caused by the spreading of animal manure that contains phosphorous, nitrogen, bacteria, and other pathogens. In areas with shallow soil levels above the bedrock, these contaminants can easily pass through into well-water. Many portions of the state are known to have this type of topography. In an article I read, DNR Deputy Secretary Todd Ambs noted, "The research shows that 39% of Wisconsinites rely on private wells for their drinking water and thousands oft hose wells have nitrate levels so high the water is unsafe." (Another article I read estimated the number of nitrate contaminated home wells in Wisconsin to be nearly 100,000.) Nitrate is Wisconsin's most widespread groundwater contaminant. Nitrate in groundwater is linked to health risks including cancer, birth defects, and childhood diabetes. As a former elementary school counselor, it alarms me that a generation of Wisconsin children are unnecessarily being put at risk for serious health concerns by a known source of contamination in their lives that could be reduced or eliminated by public policy.

I have been made aware ofthe proposed rule changes to NR 151 which seeks to address the problem of groundwater contamination, particularly with respect to the control of nitrate pollution through the regulation of the handling and spreading of animal manure. The issues involved have been studied for years. Scientists, citizens, conservation specialists, and health care professionals have clearly documented the negative effects of agricultural pollution. Now is the time to act before more harm is done. The performance standards and prohibitions for farms proposed by NR 151 (which I have read), are reasonable and are necessary to achieve the water quality standards required by state statute. I grew up on a Wisconsin farm and am very familiar with, and supportive of, hardworking farm families. These individuals care deeply about their land, their neighbors, and the quality of their lives. In my view, the business interests behind huge industrial agricultural operations often do not appear to share these basic values and motivations. Small scale farmers should receive greater state support to implement the new regulations that will protect Wisconsin groundwater quality and "CAFO"s need to be closely monitored for compliance.

Special interest groups and their lobbyists must not derail the promises made by legislators to state voters to finally address this essential state-wide concern. I mge you to support the passage ofNR151 as it moves forward.

Thank you for yom time and consideration.

Sincerely, Jocelyn M. Hoeper W3018 Longview Lane Markesan, WI 53946 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Wednesday, November 6, 2019 1:32 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: clean water NR151 Attachments: 55151jpg; 55152jpg; 55153jpg

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Emma G. Esch Phone: (608) 266-1959 [email protected]

From: constance willett Sent: Wednesday, November 6, 2019 12:58 PM To: DNR Administrative Rules Comments Subject: clean water NR151

Connie Willett here. I had written to you some years ago about our nitrate problem. We built our home in the country at N5415 Brooklyn G, Ripon address in Green Lake county. I also sent you our water tests from initial drilling of well in June of 16. We had a test of <.21 nitrate in the water. In the spring of 16, our neighbor dumped load after load after load of liquid manure onto his field. I tested my water for nitrates on the 19th of May and it showed a nitrate level of 11.8. The next March it tested an 11.4 nitrate level. We put in a reverse osmosis system into our home. Water is the most important resource we have. We need to do everything possible to protest it. I am glad that we do not have children in our home but am fearful of all the children in this state who are being exposed to dangerous levels of contaminations. I have attached the copies of our water tests. Respectfully, Connie Willett N5415 Brooklyn G, Ripon Wi. 920-896-1499. Mambra~• Ffhltln RtaiOil fot Toft: 0 Fermenralkln fllolh 0 PrMI.r.S Ulbllte Folk)!Mr'lg Pump 1Mldt fX] Pre.Nnce!Abaenoo En~ SOOU:rate POO¥JWolk-NawWtll 001hor 8Pllfl1l Work- ExiStltlg Well klataHer lliU$t COU.d a HOMd IIWI'fllt If the W •ample Ia inVIIld (•.g , aW..r 1h1n ~81'111.). Soctorlolcglcallfllo.,m.lloo' location: ~ - (Collfotnl Abtenl) 0 Pmaure Tank Tap 0 Unt.ar. (ColifDIM Prti'Mf'lt) .-nc~: 0MIIth,_ 0FIIICIWECd4 Prwtnt ~FccalrE Cofi.Abunt -jlQ~~iic.;;;:1~H;~;;:;;::o::;:=="'j 0 ....,.. (&1 ...... _ ... I Ooo-OL OF....,·FR ~ Otllled 0 Ofhlan POinl 0 Ovllrgrmm. OG D Lab A.t:cldetll • LA 0 Jolle

' WI DNR# 111083830 WI DATCP# 105-458 - UW-Stevens Point, College of Natural Resources Watershed Science~ Phone (715)346-3209 or Toll Free (877)383-8378 and Education~ www.uwsp.edu/cnr/weal Thursday, May 19, 2016

WELL INFORMATION: TREATMENT SVSTEM(s) OWNED: MAIL RESULTS TO: WI Unique Well Number 0 Water softener 0 Rev Osmosis last Willett 0 Carbon filter 0 Neutralizer Add First Connie 0 Particle filter 0 Iron Filter City 0 Other Add NS415 Brooklyn State WI Zip City Ripon PROBLEMS OBSERVED: State WI Zip 54971 County GREEN LAKE 0 Color 0 Taste 0 Odor phone ( 920 ) 896 - 1499 Town 0 Corrosion 0 Health 0 None Other SAMPLE(s) COLLECTED Legal Description 0 Date 5/10/2016 Sec T R LAST DATE TESTED: Time 10:35 1/4 1/4 (section) (town) (range) 0 Never 0 Unknown Map Gov't Lot# 0 Less than 1 year 0 1-2 years SAMPLE(s) TAKEN FROM: 0 2-5 years 0 5-10years Year well installed lill Pressure Tank 0 Greater than 10 years 0 Kitchen faucet Casing Diameter: REASON FOR TESTING: 0 Bathroom faucet 0 3" -less 0 4-9" 0 10-18" 0 18+" 0 Outside faucet Total well depth 0 Curious about water quality 0 Barn 0 Suspect water quality problems Depth of casing 0 Other 0 Regularly test my well Depth to water 0 Required by lending Institution Sample ID 24 0 Retest of positive bacteria test SOURCE: Labno CW 0 Retest following well disinfection Group REGIONAL LAB- ETF 0 Municipal 0 Spring 0 Infant/pregnant woman/daycare 0 Other 0 Other

LABORATORY RESULTS Parameter Qualifier Results Units Nitrogen-Nitrate/Nitrite 11.8 mg/IN (see nbte 1 below)

1. NITRATE- Water greater than 10 mg/L of nitrate-nitrogen should not consumed by infants less than 6 months of age or pregnant women. The WI Department of Health Services recommends that all persons should avoid long-term consumption of water with nitrate-nitrogen concentrations greater than 10 mg/L. You may choose to reduce your exposure to nitrate by installing an approved water treatment device (reverse osmosis, distillation or anion exchange), purchasing bottled water or investigate the possibility that a new well would result in lower nitrate levels.

Disclaimer- The analyses run on your samples only cover some of the more common water quality characteristics. Safe levels of these chemicals or bacteria do not guarantee that your water Is free of all toxic chemicals. If you suspect gasoline residues, pesticides, or other trace chemicals, you would need additional analyses. Contact the lab or your Extension office for more Information.

Page 1

.. -·---·---·---- Wisconsin State Laboratory of Hygiene Wisconsin State 260 I Agricuhurc Drive, PO Box 7996 Madison, WI 53707-7996 Laboratory Report Laboratory of Hygiene (800)442-4618- FAX (608)224-6213 UNlVERSITY OF WISCONSIN-MADISON http://www.slh. wisc.cdu

D_F. Knrtyer, M.D., Medical Director· Peter Slmlt, Ph.n., Intt:rim r>irector ' Environmental Health Division WDNR LAB ID: 113133790 NELAP LAB JD: E37658 EPA LAB ID: WI00007 WI DATCP ID: 105-415

WSLH Sample: 302752001

Report To: Invoice To: CONSTANCE WILLETT CONSTANCE WILLETT N5415 BROOKLYN G N5415 BROOKLYN G RIPON, WI 54971 RIPON, WI 54971 Customer ID: 351081

;;n;.;ction Date: 3/6/2017 2:25:00 PM Collected By: JOHN WILLETT ~er: CONSTANCE WILLETT Well Completion Date: 06/24/14

RIPON, WI 54971 Unique Well#: X1411 Date Received: 3/7/2017 Well Construction: DRILLED Date Reported: 3/8/2017 County: GREEN LAKE Sample Reason: INVESTIGATION Driller or Pump Installers License#: Sampling Location: N5415 BROOKLYN G RIPON, WI 54971 Sampling Point: PRESSURE TANK TAP

Inorganic Chemistry

Analyte Analysis Method Result Units LOD LOQ Prep Date 03/07/17 Analysis Date 03/07/17

0t;:~-:~itri~(;~-N0 EPA353.2 C~~ mg/L 0.300 1.00

List of Abbreviations:

LOD ::: Level of detection LOQ = Level of quantification NO= Nona detected. Results are less than the LOD F next to result = Result is between LOD and LOQ Z next to result::: Result is between 0 (zero) and LOD if LOD=LOQ, Limits were not statistically derived

Test results for NELAP accredited tests are certified to meet the requirements of the NELAC standards. For a list of accredited analytes see http://www.slh.wisc.edu/abouVcomp!iance/nelac~laboratory~accreditatlon Results, LOO and LOQ values have been adjusted for analytical dilutions and percent moisture where applicable. Results relate only to the Items tested. This Laboratory Report shall not be reproduced except in full, without written approval of the laboratory. The water microbiology unit analyzes samples as received and not all samples are tested for presetvation before analysis is performed.

Report ID: 3821596 Page 1 of 3 l~epn1l Huv: UOlJO.:.!f,.2,WSLH IJ Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Wednesday, November 6, 2019 3:06PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Written Testimony NR151

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From: Kay Hanson Sent: Wednesday, November 6, 2019 2:24PM To: DNR Administrative Rules Comments Subject: Fw: Written Testimony NR151

----- Forwarded Message----- From: Kay Hanson To: [email protected] Sent: Wednesday, November 6, 2019, 08:22:14 AM CST Subject: Written Testimony NR151

We ask the board to consider taking action and steps toward adopting rules and regulations regarding negative nitrate use. Much damage has been done to the water table and soil here in Wisconsin ;Families and livelihoods are in jeopardy. Multiple people are suffering from cancers, brain damage, birth defects and more . Solutions to this wide spread contamination can and must be found, regulated and implemented as soon as possible.

Thank you for your attention to this matter

Roger and Kay Ladwig W1536 cnty Rd J Green Lake WI 54941 Members of Dems@ frieinds of Green Lake County 715 921 4939 920 229 5881 Smith-Loomans, Sandra J - DNR ¥-so

From: DNR Administrative Rules Comments Sent: Wednesday, November 6, 2019 3:06 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

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Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From:[email protected] Sent: Wednesday, November 6, 2019 2:53PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Kim Dupre Address: 17835 Norell Avenue North, Marine on Saint Croix MN 55047 Email: [email protected]

Organization: Emerald Clean Water For All

Comments: I am commenting to share my story (and others') from Emerald, WI in St. Croix County on how nitrate and E.coli in our well water (groundwater) has affected us.

Most of St. Croix County has a karst topography. I first ask that ALL karst topographies in Wisconsin be included in the "sensitive area" definition ..... not just those on the eastern or southern part of the state.

Since the arrival of Emerald Dairy in 2001, area residents have noticed their nitrates increasing. For over 15 of my 20 years in Emerald, I lived 1.5 miles from Emerald Dairy. I heard from several of my neighbors how their well water tests were showing increasing levels of nitrates ..... up to 12, 17, 25 ppm. These neighbors lived within my square mile- nearly half of those folks had nitrate contaminated wells. Nearly all of them could not afford to drill a new well (~$10,000- $20,000 each) and the one neighbor who did drill a new well to sell his property, still had nitrates of 17 ppm at 200 feet deep!

Many of these neighbors thought it futile to drill a new well (and well drillers would usually tell them so.) Most resorted to utilizing bottled water on a daily basis since the cost of installing and maintaining a reverse osmosis system was too expensive.

Our Town Hall building in Emerald had an even worse experience ...... a new building and well were built in 2007 right ·across the road from Emerald Sky Dairy. The nitrates in that new well at the time registered at 6.9 ppm- while elevated, still under the 10 ppm public health standard. However, by 2018, more frequent water tests were showing nitrates registering regularly from 17 to 33 ppm. St. Croix County's Public Health Department posted "Do not drink water" notices in the Emerald Town Hall. Finally, earlier this year, the Town Hall installed a Reverse Osmosis system.

I had several contacts via phone and email with the Water Quality division at DNR out of Eau Claire and Madison. While 1 was always told "Thanks for letting us know ..... and for your efforts to get your neighbors to test their water"- no action of any kind by State authorities was taken beyond that correspondence to my knowledge.

Then ..... a worst case scenario happened.

The new owners of Emerald Sky Dairy (industrial producers from Nebraska with operations in three states) bought out Emerald Dairy, renaming it, and then putting in for permits to expand the operation to 6,000 cows (it had about 1,600 cows at the time).

In March 2017, an anonymous tip led to the discovery of a massive manure spill at Emerald Sky Dairy. It took two years for the DNR to respond to my open records request as to the details of what had happened: -275,000 gallon manure spill into wetlands and storm water pond -Unreported by owners for 90+ days; anonymous tip led authorities to spill-Cleanup entailed 3,455 tons of manure solids & 8 million gallons of contaminated storm water pond -E.coli readings from the storm water pond and downstream were 8-10~ higher than when DNR closes beaches.

The scariest part of this story was in June 2017 (before we knew details of the extent of this spill), a cluster of homes downstream from that spill found E.coli in V)lells after that cleanup was mostly finished. Another Open Records Request from DNR revealed one of the affected homeowners (a local plumber by trade) had visiting adult children who became curiously ill one weekend. When they tested their well water to "rule it out"- they found E.coli contamination even though their water didn't smell, taste or look any different. They did the neighborly thing and offered to test their neighbors' wells and reported that to DNR as about half of the homes tested also had E.coli contamination. This original homeowner, being a local plumber, had religiously tested their well water every year for 20 years and NEVER had a problem with E.coli contamination until June 2017.

However, when local DNR water quality staff reported these findings, DNR-Madison refused to do advanced testing to verify the contamination source .... it "didn't fit their protocol."

No notification by the State to other neighbors of this cluster of well contamination ..... just "put some bleach down your well and let us know if you have problems again." One neighbor was pregnant and another neighbor undergoing cancer treatments at that time. These folks (&others like them) had no notification of this June 2017 event from the State (just the notice from informed neighbors well after the fact) and thus could not even choose to protect themselves and their families by utilizing bottled water for a time. No guidance was given by the State as to who else might be affected or for how long. Unacceptable! If this were a municipal water system of any size ...... it would have been "hair on fire" time "boil water" or other "do not drink the water" notices would have been spread to any possible innocent citizen via radio, TV, fliers, door to door, etc. That did not happen for us in Emerald when our groundwater was contaminated with E.coli. Regardless of what the source really was .... we needed to know how and when to protect ourselves. To withhold that information was beyond negligent! And then to learn, two years later, that E.coli readings from that spill had registered 8-10x higher than when DNR closes a beach .... highly suspicious and unfathomable that DNR would take such a lackadaisical attitude toward well contamination in our area!

Then to add insult to injury ..... two years later .... we learned the penalty assessed to Emerald Sky Dairy for this spill was only $80,000 ..... for a producer with 20,000 cows in 3 states. The Civil Complaint filed by the State of Wisconsin in May 2019 revealed the fines could have exceeded $1 million. But that is what a good Madison lawyer can do for industrial producers- reduce potential penalties by 95%.

And ..... due to "Right to Farm" laws in Wisconsin, neighbors have no legal recourse to get justice or ensure accountability for such a negligent, egregious act. We need these NR151 rules to apply to all "sensitive areas" of the State ...... people matter regardless of where they live ..... their families matter. We also need the State to fulfill their obligation to protect public health from those industrial producers who disregard their neighbors in such a blatant manner.

Thus, when my husband and I neededto expand our home and business, we felt so vulnerable to losing our lifetime of investment into our property, we relocated not just out of Emerald, but completely out of the State of Wisconsin. All because we had no control over an industrial producer's actions and how much damage they could inflict on us and it seemed the State of Wisconsin turned a blind eye toward producers. While I understand producers need a "level of certainty"- homeowners and small business also need a "level of certainty" in their finances.

I love the cream in my coffee every morning, but I need clean drinking water to make that coffee in the first place. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent; Thursday, November 7, 2019 8:09AM To: Smith-Loomans, Sandra J - DNR Subject: FW: developing targeted performance standards for sensitive areas

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From: [email protected] Sent: Wednesday, November 6, 2019 5:36PM To: DNR Administrative Rules Comments ; Weigel, Brian M- DNR Subject: developing targeted performance standards for sensitive areas

Dear Natural Resources Board;

I write supporting science-based protections for southwest Wisconsin karst and the Lower Wisconsin Riverway. I would first like to thank the state for recognizing the need for targeted standards specific to Silurian dolomite formations in eastern Wisconsin. It has been clearly demonstrated in karstic eastern Wisconsin that the current standards do not protect groundwater or surface water. Please realize that these same considerations and expanded protections for southwest Wisconsin's karstic formations need to be considered. There are certainly sufficient studies and information showing that water in our area is as susceptible- if not more so- than in eastern Wisconsin. We too have shallow soils underlaid by soluble dolomitic rock with substantia voids that mix surface and subsurface waters very rapidly. It is my and other's opinion that the precautionary principle ought to be applied. We cannot correct a groundwater contamination problem in our area. The water moves even more slowly through our ground water than it does in southeast Wisconsin. It moves too slowly to actually "flush" the contaminates through and out. Once contaminated, our ground water will remain so for centuries. We can only protect against catastrophic contamination proactively. Nothing can be done once manure or other contaminates enter our karstic groundwater. Please, the state needs to apply the precautionary principal and protect the water in southwest Wisconsin. It is the state's responsibility to assure us that the practices it permits are not harming our basic rights. We need stricter standards for our exceptionally sensitive area. Please: the scope statements, SS-077-19 (Board Order WT-19-19), should be approved as they are and the DNR should move forward promptly with this critical and lengthy process. Our health and the future health of our children depend on your actions.

Sincerely, Tom Lukens Vernon County Resident and Business Owner Smith-Loomans, Sandra J - DNR ~52

From: DNR Administrative Rules Comments Sent: Thursday, November 7, 2019 8:10AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Comments on NR151 & 243 Seeping Statement Attachments: November 6 2019 Letter_DNR Admin Rules Committee.pdf

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From: Ed Hernandez Sent: Thursday, November 7, 2019 7:45AM To: DNR Administrative Rules Comments Subject: Comments on NR151 & 243 Scoping Statement

Attached are our comments on NR151 & 243 scoping statement.

Thanks,

Ed Hernandez County Conservationist Waushara County Land Conservation & Zoning Office 920-787-0443 www.co.waushara.wi.us

This message is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any unauthorized review, use, disclosure or distribution of this email message, including any attachment, is prohibited. If you are not the intended recipient, please advise the sender by reply email and destroy all copies of the original message. Waush.ara County Land Conservation & Zoning ... P.O. Box 1109 Wa~toma, Wl.s4982-1109 (920) 787-0443 . Fax (920) 787-6516 ·[email protected]

Date: November 6, 2019 . . . . To: Department of Natural Resources Administrative Rules Committee

Subject: NR151 and NR243 Statement of Scope

We offer the following points in support of the NRB approving the scope statement of the proposed rule: · · · ·

• ·The existing rulemaking process allows 1'or transparent deliberation and input from a wide range of stakeholders, including the public, farmers and interest groups and should be allowed to proceed. Public hearings about a scope statement for which we have very little information only slows the rulemaking process, and creates opportunities for the proliferation of misinformation about what is, and what isn't in the n.ile. At this point, we .qon't know either~-we should let the process proceed so those determinations can be made. In doing· sci, the DNR needs. to include farmers qnd producers the opportunity. to be a part of this process ..

• The Natural Resources Board was a critical voice in support of clean water during prior deliberations about the targeted Siluri

• There is ample evidence that groundwater nitrate contamination is a problem that the state .needs to address. Recent public processes such as the Water Quality Task Force hearings and WI Land+Water's Food, Land, and Water effort showed there was growing consensus that we need to act on the issue. Furthermore, the most recent Groundwater Coordinating Council Report to the Legislature estimates that over 42,000 private wells in Wisconsin exceed the safe drinking water Standard, and the estimated cost of abandoning contaminated wells and replacing them with a new safe water supply would $440 million.

Thank you for the opportunity to comment and we look forward to working with the DNR tt~ghpu~ . .

Mark Piechowski, Chair Waushara County Land/Water and Education Committee Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Thursday, November 7, 2019 11:18 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public Comment Statement of Scope

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From: Cindy Wiar Sent: Thursday, November 7, 2019 11:10 AM To: DNR Administrative Rules Comments Subject: Public Comment Statement of Scope

Comments for Scoping Hearings related to DNR Statement of Scope SS-077 -19

To: Natural Resources Board November 7, 2019

I am unable to attend the public hearings and appreciate the opportunity comment in written form.

I bring to your attention that our water and sensitive geology in Southwest Wisconsin needs science based protections. It is very much time for our state to recognize that the sensitive sandstone aquifers that our drinking water comes from won't recover from pollution. The lack of our ability as residents of Wisconsin to have local control makes it especially important that you as a Board step up and help protect our land and ground water. Current standards do not do this.

I was impressed when the state recognized that targeted standards were needed for Kewaunee and Eastern Wisconsin and expect the same interest in our area. The sensitivity of the Karst Geology in Southwest Wisconsin make it especially important to not wait until there is a ground water crisis as our geology simply can't recover. There are already too many residents of our area who are discovering unsafe drinking water, we need to have a study and science based regulations for Southwest Wisconsin.

Thank-you, CindyWiar 45738 County Road C-PO Box 186

Soldiers Grove, WI 54655

Virus-free. www.avast.com Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Thursday, November 7, 2019 11:46 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Scope Statement SS 077 19

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From: Linda Wilkens Sent: Thursday, November 7, 2019 11:22 AM To: DNR Administrative Rules Comments Subject: Scope Statement SS 077 19

Written Testimony

Scope Statement SS-077-19 (Written Testimony NR 151)

November 7, 2019

My name is Linda Wilkens and I live in the Town of Brooklyn in Green Lake County. We have a well and have it tested regularly. I support new regulations by the DNR to protect our ground water in all parts of Wisconsin.

I value our environment and water quality and want measures implemented to protect clean water sources and to clean up those in need. This issue is about the health of the state of Wisconsin -its water, the environment, its people and the economy. Tourism is important to Wisconsin's economy and water draws people to our state. I believe most Wisconsinites agree with my concerns.

If we wait until more ground water and wells are polluted before the state acts, we are spending valuable resources to clean up the water and not on other things such as health care, infrastructure, education and jobs to name a few.

Water is "gold" and we must protect it for our own welfare. Linda Wilkens

W872 Leslie Ln

Green Lake, WI 54941 Smith-Loomans, Sandra J - DNR ~55

From: DNR Administrative Rules Comments Sent: Thursday, November 7, 2019 11:46 AM To: Smith-Loomans, Sandra J- DNR Subject: FW: COMMENTS: Expanded Sensitive Areas in WI

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: 2 Dang Dogs <[email protected]> Sent: Thursday, November 7, 2019 11:32 AM To: DNR Administrative Rules Comments Cc: [email protected]; 'Eli Mandel' Subject: COMMENTS: Expanded Sensitive Areas in WI

Brian Weigel DNR

I am writing in support of establishing new standards to abate surface and groundwater pollution in highly permeable soils in the state. Current standards are not doing nearly enough, and I am sincerely thankful that the state is making this move. I am a resident of Crawford County, and its highly permeable karst geology very much needs to be protected. This is a very rural county with many private wells that depend on clean groundwater. Here in the Driftless Area, the hills are often steep and water runs off directly into the Wisconsin and Kickapoo Rivers. At the moment, we are trying to deal with the prospect of one or more hog CAFOs being built atop ridges of porous fractured bedrock and the possibility of millions of gallons of liquid hog manure being spread on far too few acres of land.

I have read the Groundwater Coordinating Council's Report to the Legislature for the last several years. Each year, the GCC has stated that nitrates, pathogens, and pesticides are polluting our groundwater, and rural areas that depend on wells are especially hard hit. The GCC has stated that about 90% of total nitrate inputs into our groundwater comes from agriculture sources. DNR and DATCP regulations are supposed to be protecting waters of the state while encouraging agriculture, yet most of the time, agriculture has been given free rein to contaminate land, water, and air. It is not small farmers that are the greatest problem, as I'm sure you're aware. Big Ag and their CAFOs are the problem. This needs to change. It is the state's responsibility to ensure the rights of all residents are protected. We are farmers ourselves, and I'm well aware of Wisconsin Statute 823.08. However, as the saying goes: "Your right to swing your arms ends at my nose." CAFO operators want the legal right to poison the water we depend on. The state has ignored our rural communities for too long, and we are fast approaching a crisis point beyond which our waters cannot recover.

There is a great deal of scientific evidence that spreading massive amounts of manure on too few acres leads to pollution and contamination of·surface waters and groundwater. There is also more than ample proof that karst areas are the most highly susceptible to problems. It has been clearly shown in eastern Wisconsin, another area of karst geology, that current standards and rules do not protect surface water or groundwater. There is sufficient research to know that water in our area is at least as susceptible as eastern Wisconsin. There is abundant evidence that too many people in rural areas should not drink their well water but who are unaware they are endangering their health and lives- -and that of their children, born and unborn-- by drinking water from their wells. Allowing CAFOs to be sited on and to spread manure on karst geology is nothing short of insanity.

Further, beyond the excess nutrients, pathogens, and pesticides/herbicides in our water making us sicker, many studies indicate that antimicrobial resistance and horizontal and vertical gene transfer of such resistance is a global problem. In the US, most of this is directly related to non-therapeutic use of antibiotics in CAFOs that contaminates waters and the meat from treated animal. The World Health Organization has highlighted antimicrobial resiStance as one of the most substantial threats to human health worldwide, with a growing number of critical infections becoming increasingly difficult to treat with the current antibiotics. It has been shown that once pathogens enter an aquifer, they are essentially there forever. Obviously, antimicrobial resistance and genetic transfer of such resistance is considerably more than a rural problem, even though the biggest source of the threat begins in rural areas and waters. It is unfortunate that it has been ignored or considered a problem of only a few country folk. Like confined animals in CAFOs, the denser populations of towns and cities are going to be most negatively impacted if transmissible diseases cannot be contained.

The note under NR 243.12 state: "Due to the extent of water resources in the state, it is the department's position that if the manure or process wastewater from a CAFO is land applied to sites in Wisconsin, pollutants from the manure or process wastewater will reach waters of the state either via leaching to groundwater or surface runoff. Also, it is the department's position that storage facilities constructed at or below grade will have some pollutant discharges to groundwater. Therefore, all large CAFOs must apply for a WPDES permit."

Yet even though DNR knows contamination from CAFO manure will reach both groundwater and surface waters, and even though CAFOs require a WPDES permit, DATCP and DNR rules largely hold them free of responsibility for contaminating state waters. (And karst geology is a much, much greater risk factor that is not considered in the above statement.) CAFO operators and the meat industry make a profit while taxpayers are left to pay the social costs of such operations. This also needs to change. I fully endorse the idea that siting and runoff rules promote responsibility of the polluters for paying the full cost of contamination and that such responsibility and cost not be left to taxpayers. Rules requiring such responsibility would go a long, long way to ensure that CAFOs protected people and the environment.

And I want to add that just like antimicrobial resistance, what is done here doesn't affect just our county or state. Among other ripples and repercussions, water contaminants from our area end up in the Gulf of Mexico and contribute to the expanding "dead zone" that causes health issues and economic hardship for citizens of that area.

I urge the DNR to approve SS-077-19 (Board Order WT-19-19) as they are and to move forward immediately with the process of seeing them implemented.

Janet Widder 49194 Hilldale Road Wauzeka, Wl53826 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Thursday, November 7, 2019 12:02 PM To: Smith-Loomans, Sandra J- DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Thursday, November 7, 2019 12:02 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Jed (John) Downs Address: 3768 Birch Trail, CROSS PLAINS Wisconsin 53528 Email: [email protected]

Organization: Madison Manual Medicine

Comments: As a physician who values public health and sees the governments role in providing and protecting its constituents with an environment in which its members can thrive, I support the advancement of SS 077-19. Obviously there are competing interests between the representatives of the large agribusiness organizations and those of the bulk of the population. Forgive my upcoming rant. There is lip service given to the demise of family farms and the economic viability of rural parts of the state. Avoiding setting nitrate standards supports the ongoing development of CAFO's and disruption of the romanticized lifestyle of the family farm via limiting the amount of manure that can be dumped on land. Other than CAFO operators, who wants more of them? Not only does that type offarming risk threaten to make even more wells undrinkable or existing contaminate wells more undrinkable, it also increases levels of irritating off gassing of ammonia and sulfur compounds. Once ground water is contaminated, it stays contaminated for generations.

The concept of nutrient management is useful when it comes to the application of commercial fertilizer, but based on the testimony I thought I heard at the Water Quality Task Force hearings, the primary driver of nutrient management was to avoid wasting money on excess fertilizer. The driving force seemed to be not to apply only as much as the plants could absorb an no more, but to apply the maximum amount for maximizing yield with leakage into the ground water to be damned.

When agriculture ruins wells, it is not accountable for providing reverse osmosis systems so that well water can continue to be used for drinking water. The unsuspecting homeowner, or hapless homeowner, is left with making expensive choices that weren't previously necessary. Where is the environmental justice ad equity in that. In short, let the DNR do its best to develop scientifically defendable and hopefully enforceable rules (with teeth) nitrate control standards Smith-Loomans, Sandra J - DNR

From: Erin Liva Sent: Friday, November 8, 2019 8:31AM To: Weigel, Brian M - DN R Subject: CAFO Project

Mr. Weigel, I am proud of Wisconsin for recognizing the need for targeted standards over Silurian dolomite in eastern Wisconsin as it is the state's responsibility to assure that permits do not harm others basic rights .. Now we need the state to look towards the southwest part of the state.

As you know it was clearly demonstrated in karstic eastern Wisconsin that the current standards do not protect groundwater or surface water.

While the science and compliance with existing standards lags in southwest Wisconsin, there are sufficient studies and information to know that water in our area is as susceptible as in Eastern Wisconsin if not more so!

There is also sufficient information to know that there are too many who already should not drink their water.

Please consider how you would feel if your property was in close proximity of a CAFO. This is not just about property values and odorous inconvenience. This is about protecting the health of the citizens from contamination of the wells.

We expect action to protect our water before we are in a drinking water crisis.

The scope statements, SS-077-19 (Board OrderWT-19-19), should be approved as they are and the DNR should move forward promptly with this critical and lengthy process.

Best Regards, Erin Liva Smith-Loomans, Sandra J - DNR

From: DNRAdministrative Rules Comments Sent: Friday, November 8, 2019 9:02AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Comments on Statement of Scope for Board Order WT-19-19 Attachments: NR 151 Petition to DNR 11-19.pdf; CleanWisconsin_NR151 PrelimHearing_Testimony_ 11-1-19.pdf

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Scott Laeser Sent: Thursday, November 7, 2019 4:35PM To: DNR Administrative Rules Comments Subject: Comments on Statement of Scope for Board Order WT-19-19

Please find attached an electronic copy of the comments and petition that Clean Wisconsin submitted yesterday at the Janesville hearing.

Thank you,

Scott Laeser Water Program Director Clean Wisconsin ~~ c I e ;1 n w i s c o n s i n ; ""' ''"\II n Eo IIH' 11 I'' I v PI 1 o· 'I,.,-,. I

To: Wisconsin Department of Natural Resources From: The undersigned citizens of Wisconsin

Subject: Please move NR 151 rules process forward

We are pleased that Gov. Evers has proposed new rules to address nitrate pollution in drinking water. We ask you to move these new rules forward to help Wisconsin residents get the clean drinking water they need.

Tens of thousands of Wisconsin families who rely on private wells for drinking water cannot safely do so. It's critical that the state take significant action to address the nitrate pollution in our private wells.

Nitrate pollution is linked to major health issues, such as blue baby syndrome and central nervous system birth defects in fetuses or young children, and for adults, thyroid disease and colorectal cancer.

We know that the majority-around 90%-of nitrates contaminating groundwater come from agricultural sources. We need to work with our friends in the farming community to help them implement innovative farming practices to reduce nitrate pollution. When thousands of Wisconsin families cannot safely drink their water, as there are now, we have a public health crisis.

These new rules are long overdue, we are pleased these new rules have been proposed to protect drinking water from nitrate pollution. We expect they will be moved forward as quickly as possible to address our widespread nitrate pollution problems and give families hope for a future with clean drinking water.

Signed, Vicki Eric Karen Aarsheim Adelman Allaire River Falls Madison Madison

Brenda Joseph Annette Allen-Johnson Ancel Ancel-Wisner Arlington Wisconsin Rapids Shell Lake

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Clean Wisconsin Comments on Statement of Scope for Board Order WT-19-19 Preliminary Public Hearing Blackhawk Technical College, Janesville, WI November 6, 2019 Scott Laeser, Water Program Director, Clean Wisconsin

My name is Scott Laeser, and I am Clean Wisconsin's Water Program Director. We strongly urge the Wisconsin Department of Natural Resources to move forward with the proposed rulemaking process to establish targeted performance standards to abate nitrate pollution. Clean Wisconsin is a non-profit environmental advocacy group focused on clean water, clean air, and clean energy issues. We were founded almost fifty years ago and have 20,000 members and suppmters around the state. We employ scientists, policy experts, and legal staff to protect and improve Wisconsin's air and water resources. ·

Clean Wisconsin was pleased with the Governor's announcement initiating this rulemaking process, and we look forward to working with DNR and other agencies and stakeholders to develop rules and standards that will reduce nitrate pollution in groundwater and municipal and private wells in vulnerable patts of Wisconsin. We recognize this will be a difficult and lengthy process, and it is imperative we begin immediately.

The evidence of nitrate pollution in both our private and municipal wells is growing. In the last year, reports of high nitrate levels in significant numbers of wells in the Central Sands, the La Crosse area, and Southwest WI have added to the body of evidence all'eady in existence. In Southwest Wisconsin, 15% of sampled wells were found to exceed the I Omg/1 health standard, with one quarter of sampled wells in Lafayette County, where I live, exceeding this standard. According to the 2018 Groundwater Coordinating Council repmt, the number of municipal wells with high nitrate levels in the state is growing, having increased from 14 systems in 1999 to 4 7 systems in 2012.

Research tells us that around 90% of the nitrates contaminating our groundwater are coming from agricultural sources, primarily from either manure or commercial fertilizer applied to farm fields. We also have a growing understanding of the health risks associated with exposure to nitrates; blue baby syndrome and central nervous system birth defects in fetuses or young children, and for adults, thyroid disease and colorectal cancer.

Delaying this rulemaking process further only puts more families at risk and postpones our day of reckoning on this complex and too long ignored issue. Even conservative estimates place the number of wells in Wisconsin exceeding the 10mg/l nitrate health standard at over 40,000, while other estimates are closer to 80,000 wells. A concerted effort to address this widespread nitrate pollution is long overdue. These rules and standards will not solve all our nitrate poilution problems, but they are a strong step meant to address our most significant ~ource of nitrate

634 W. Main Street #300, Madison, WI 53703 608-251-7020 I www.cleanwisconsin.org f !I~ a in •• Action Networlt pollution. The citizens across Wisconsin who cannot drink their nitrate contaminated well water deserve timely action to reduce the pollution contaminating their wells.

As we have learned ,more about nitrate pollution of wells and groundwater, farmers have been experimenting with innovative growing practices that can help reduce nitrate pollution from farm fields. These rules and standards can help accelerate the adoption of these practices. Many farmers are already employing growing practices to reduce erosion and water runoff from their fields, improve the health of their soil, and keep nutrients in their fields where they're needed instead of polluting our water. Planting grasses and other perennial plants in sensitive areas, responsibly spreading manure in the right amounts at the right time of year, and planting cover crops, which can help improve the health of the soil and keep nutrients in the field, can all further reduce the water pollution leaving farm fields, and these new rules standards could encourage all farms to use more conservation practices and can provide resources for them to do so.

The process of developing targeted performance standards to reduce nitrate pollution will identify areas of the state most at risk for nitrate contamination in groundwater and, the rules and standards proposed could help guide and accelerate farmers' effmts to reduce nitrates leaving their fields. In conjunction with these new standards, though, it is incumbent upon the state and its citizens to invest in farms' effmts to clean up our polluted water. This is an issue we must all work together to solve, and while the efforts to reduce nitrate pollution undertaken to date are laudable, success must be measured not by effort but by the existence of safe drinking water for Wisconsin families. On that measure, we are coming up short.

We look forward to working with the DNR, DATCP, and the agricultural industry to develop rules and .standards that protect our water resources and promote good agricultural practices. We can have clean drinking water and a thriving agricultural economy, but we will have to work together to find common ground and support both our fanners and families afflicted with contaminated water throughout our efforts.

Put simply, today we are talking about whether we should talk more about solutions to the well documented and widespread nitrate pollution in private and municipal wells across Wisconsin instead of spending our time identifying and implementing solutions. The evidence of contamination is abundant. Our understanding of the health risks posed by nitrate contaminated drinking water is only growing. The rules meant in patt to address this issue have been on the books for 17 years, and due to both their lack of implementation and their ineffectiveness when implemented, thousands of Wisconsin families face the prospect of contaminated drinking water evety day or the burden and expense of treating a problem they didn't create.

It's time for a new approach and a new set of tools to allow state and county officials and farmers to work together to reduce nitrate pollution in thousands of private wells and put Wisconsin families on a path towards the clean, safe drinking water they deserve. There should be no more delay in moving this rulemaking process forward.

Thank you for the oppmtunity to comment on the proposed rulemaking process.

634 W. Main Street #300, Madison, WI 53703 608-251-7020 I www.cleanwisconsin.org f ~ l!:ll a in •• Autton Network Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 9:02AM To: Smith-Loomans, Sandra J - DNR Subject: FW:NR151 Attachments: Groundwater Hearing comments.pdf; ATT00001.txt

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 8,2019 8:42AM To: DNR Administrative Rules Comments Subject: NR 151

Good morning,

Please find my comments on NR 151 below: We are living in a time when our decisions about how we treat the land matter most. Our soils and water ways are in trouble, with excessive nutrient loads polluting our very source of life. As an organic farmer, I understand just how impmtant it is to ensure that our agricultural practices support healthy soils and clean waterways. My husband and I are farming land that we own in Green Lake county, and every single decision we make about land use and management starts with a conversation about water. Concerns about the movement of the surface water and the quality of the ground water guide our practices with our vegetable production and the handling of our grass-fed beef herd. As farmers, we welcome stricter regulations on agricultural practices that impact the quality of the water entering and leaving farmland, because we know that water is a shared resource that affects our neighbors and our community. There is absolutely no economic justification for polluted water! In fact, the cost of decision making that puts economics over land stewardship will simply get passed on to our children. Let's take action now, in the present, to protect our water quality as much as we possibly can! Decision makers of the Natural Resources Board, please approve the Scope Statement signed by Governor Evers for the sake of our most precious resource. Clean water is fundamental to our survival.

Danielle and Mat Boerson Boerson Farm, LLC N6639 Forest Ridge Rd Ripon, WI 54971 920-295-8771 [email protected] Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 12:19 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Nitrate scope comments

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From: Chuck Bolte Sent: Friday, November 8, 2019 11:40 AM To: DNR Administrative Rules Comments Subject: Nitrate scope comments

From: Charles Bolte Wl0322 Koepenick Road Deerbrook, Wl54424

My job is as a crop consultant for farms across Wisconsin. I have 30 plus years of agriculture experience and have been a Certified Crop Advisor since 2001. I work with large and small dairy's and with many of the potato and vegetable growers across the state. Farmers across.the state are trying to implement the cmrent tules and protect the environment to the best of their ability. Fanns I work with have extensive nutrient management plans that are implemented following cul1'ent guidelines and are using precision technology to applies thus nutrients in a safe and environmentally safe manner. Using in-season tools like pre-sidedress nitrate test, tissue testing, potato petiole testing and manme testing along with nitrogen stabilizers on fertilizer to better manage nitrogen applications and keep it from leaching away into groundwater. Additional rules at this time are not needed and not wal1'anted and the proposed scope statement does not meet the requirements to open NR 151 up for this review.

"I am stating my strong opposition to the proposed NR 151 scope statement for nitrates for the following reasons."

a. This scope statement has not identified a particular impaired waterbody or region in the state that is showing groundwater impairment. What lands or areas of Wisconsin is this targeted performance standard targeting?

b. The Department has not provided any information that they have substantially implemented the existing farm runoff standards that exist under current law. The law requires the Department to show that cu!1'ent standards have been implemented.

c. The Department has failed to engage agricultural stakeholders in order to better understand farming and water quality in Wisconsin. "Thank you for allowing me to state my opposition today."

Chuck Bolte NMP-GPS Manager AgSource Laboratories 715-490-1011 [email protected] Ag$~~ LABORATORIES Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 12:19 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 8, 2019 11:42 AM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Edward Peters Address: 6270 N County Road M, Loretta WI 54896 Email: [email protected]

Organization:

Comments: I am concerned about the levels of Nitrate that are building up in aquifers across many areas of Wisconsin. As the maps produced from data collected across Wisconsin indicate, there are an increasing number of counties that have concentrations of nitrate that exceed the current water quality standards. These areas with high nitrate concentrations often correspond with those counties where water tables are near the surface and soils are highly permeable. Because of the increased use of nutrients to enhance crop yields, the areas where nitrate concentrations exceed current water quality standards are increasing in area and frequency. In addition, advances in our understanding of the effects of nitrates on human health indicate that the current standard of 10 milligrams per liter may be as much as five times higher than what is needed to protect human health in infants and adults. Other studies on the efficacy of land management protocols have also indicated the limited success of following best practices to control increases in nitrate concentrations in runoff water from cropland and groundwater that receives infiltrated water that is high in nitrate. We, as a society that depends heavily on our agricultural productivity, need to recognize that the current tools are not allowing farmers to sustainably produce the crops, forage and animal products that we all consume, while at the same time protecting the clean water resources upon which all life on earth depends. Furthermore, since this threat to our health is accelerating and spreading, we need to act promptly and expeditiously. I therefore encourage the Natural Resources Board to pursue changes in NR 151 as quickly as possible. To this end I approve of the scope statement 077-19 for rule WT-19-19. The DNR needs to be allowed to start the process of engaging stakeholders to determine the targeted performance standards in places that have both high levels of nitrate and highly susceptible soils. The health of the people of Wisconsin and the health of our waters cannot wait any longer for solutions. Edward J. Peters Professor Emeritus School of Natural Resources University of Nebraska- Lincoln

Current Address: 6270 N County Road M Loretta, WI 54896 [email protected] Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 12:20 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: NR 151 Statement Attachments: NR 151 statement Rod Ellwanger 11-19.docx

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Rod Ellwanger Sent: Friday, November 8, 2019 11:47 AM To: DNR Administrative Rules Comments Subject: NR 151 Statement

Emma Esch, See my attached comment to NR 151. Thank you, Rod Ellwanger

Rod Ellwanger Soil Business Manager Dairyland Laboratories Inc.

715-415-7254 [email protected]

DAIRYLAND .,,.,,. l.aboratorlc·s, Inc.

Confidentiality Notice: This email message or facsimile transmission and any attachments, are intended for only the addressee(s} named above. It contains information that is privileged, confidential, or otherwise protected from use and disclosure. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying or dissemination of this transmission or taking of any action in reliance on its contents, or other use is strictly prohibited. If you have received this email or facsimile in error, please notify us immediately by reply email or telephone at 608-323-2123. Than!< you for your cooperation. This is Rod Ellwanger, N7760 Flambeau Rd., Ladysmith, WI 54848. I currently work for Dairyland Labs writing nutrient management plans for farmers in Wisconsin. I have worked with farmers in many capacities as an agronomist for 35 years.

At Dairyland Labs, myself and other plan writers work with farmers both large and small to best utilize their manure and fertilizer assets to grow crops profitably and protect the environment. Tillage is kept to a minimum to prevent runoff, waterways are utilized, and cropping done in a manner as to prevent Nitrogen and other nutrients from entering the ground and surface waters.

I am in Opposition to the NR151 scope statement for nitrates. The scope has not identified an impaired waterbody or region of the state. What lands or areas are being targeted by the performance standard? The law requires that the Department show current standards have been implemented. The Department has not provided any information that they have substantially implemented the existing runoff standards under current law.

The Department has failed to engage agricultural stakeholders in order to better understand farming and water quality in Wisconsin.

Thank you for considering my concerns.

Rod Ellwanger Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 12:20 PM To: Smith-Loomans, Sandra J- DNR Subject: FW: Water quality comments Attachments: IMG_2067 jpg; ATT00001.txt; IMG_2068jpg; ATT00002.txt

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: Janet McConaughey Sent: Friday, November 8, 2019 11:55 AM To: DNR Administrative Rules Comments Subject: Water quality comments o'ij LTE 100% ~

I love Wisconsin. I grew up here but moved away after high school. Every place I lived was compared to home. Some places measured up but most did not.

I lived for 35 years in The mountains of Kentucky and West Virginia. I felt sorry for many of the people there. The miners worked hard under dangerous conditions to feec their families. They also died young from black lung or were suffering from back injuries that prevented them from working at anything. There were no other jobs around. I wondered how they could support a government that didn't look out for them.

It wasn't only the people that suffered. If the mine came under your house, there was subsidence, and your foundation cracked, or your well went dry, it was too bad. The corporations that ran the mining industry bought the politicians. Mountain top removal caused streams to run orange with pollution. Too bad. I was glad the people of Wisconsin were better educated and nothing like that could happen here.

Well, guess what? We have lowered ourselves. Creeks and lakes are drying up due to high capacity wells. Homeowners can't open their windows or sit outside because of the stench of methane and ammonia from manure lagoons. Citizens have to rely on bottled water because their wells are contaminated. Folks that opted for pastoral life on two lane roads now have to watch for heavy truck traffic and put up with noise.

How has this happened you ask? How could a well educated and comparatively well off group of citizens let this happen?

.lust like in Kentur.kv. r.ornomtions h;:we nurr.h

It wasn't only the people thatsuffered. If the mine came under your house, there was subsidence, and your foundation cracked, or your well went dry, it was too bad. The corporations that ran the mining industry bought the politicians. Mountain top removal caused streams to run orange with pollution. Too bad. I was glad the people of Wisconsin were better educated and nothing like that could happen here.

How has this happened you ask? How could a well educated and comparatively well off group of citizens let this happen?

Just like in Kentucky, corporations have purchased our politicians. I'm angry and hopeless because if you won't take care of this magnificent state, who will? Please take a stand for the citizens of Wisconsin. We are counting on you.

Thanks, Janet McConaughey N8144 Lasalle Circle Oconomowoc,WI53066 262.-567 .. 5794 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 12:22 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Written Testimony for N 151 Scope Statement Attachments: Bill Schroeder Testimony.txt; Hans Breiten moser NR 151.odt; Steve Lambert Testimony.docx; NR151 Parins.pdf

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Casey Hicks Sent: Friday, November 8, 2019 12:21 PM To: DNR Administrative Rules Comments Subject: Written Testimony for N 151 Scope Statement

Hello,

Attached is written testimony from written by 4 members of Wisconsin Conservation Voters. All in support of the current scope statement.

Jodi Parins N8750 Black Ash Rd. Algoma, WI 54201 William Schroeder W3213 Hickory Hills Rd, Chilton, WI 53014 Steven Lambert 1147 Parlier St., Green Bay, WI 54301 Hans Breitenmoser W6982 Joe Snow Rd. Merril, WI 54452

Thank you,

Casey Hicks, Northeast Organizer Wisconsin Conservation Voters 425 S. Adams St. Ste. 204, Green Bay, WI 54115 Office: 920-429-9008 I Cell: 262-365-7715 [email protected] I www.conservationvoters.org Pronouns: He/Him/His Wisconsin Conservation 0 Voters Engaging voters to protect Wisconsin's environment. October 29, 2019

Dear Dr. Prehn and Members of the Board,

I live in Lincoln Township where we have some of the worst ground water contamination due to the agricultural land use over underlying fractured bedrock. I also served on the original Kewaunee County/DNR Sensitive Areas Workgroup that became the basis for the original NR151 modifications. must admit that our recommendations, the object of which was to improve our groundwater quality, ended up being significantly compromised by interests with opposing objectives. What made It through and into the revised rule is but a shadow of what the science told us was necessary to improve our groundwater. I am therefor thrilled to know that this Board and this administration is willing to take another look at what it will take to properly protect our drinking waters.

I would appreciate the opportunity to share some science that was glossed over in the process and must be cons.idered now if you are at all serious about the safety of the drinking water of more than a third of all Wisconsinites.

The first bit of science is from the 2016 study commissioned by the DNR and conducted by Doctors Borchardt and Muldoon. This study found that 60% of the wells tested in Kewaunee County were contaminated. This was disturbing even to these two respected scientists. Their findings stated that the worst contamination was found up to 5' and that no significant improvement was seen until 20'. Dr. Muldoon commented that she could not think of a "worst place, hyro-geologically speaking, to locate a bunch of cows".

Let me also dispel the myth that the contamination is due to septic systems. A human discharges 1/18'" that of a cow. In Lincoln we have almost 400 septics, 70% of which have been inspected and cleared. Even IF you found a whopping 50% ofthose not yet Inspected are bad, so 60 bad septics, and multiply that by 3 people per household {180) -that is the equivalent of the discharge of only 10 cows. There are currently almost 18,000 permitted cows In Lincoln- so let's get real here. The science in the Muldoon Borchardt study confirmed that while human markers were found, they was nowhere near the concentration of Bovine contamination- a point glossed over by the dairy industry publicists.

The second science is taken from the 2007 Report from the Karst Taskforce made up of a number of experts from the state which stated that any depth less than 20' should be considered EXTREMELY sensitive. The report recommended restrictions on land spreading of liqujd manure up to 50'.

The third point is actually a statement offered during the sensitive areas workgroup meeting. The DNR's own Russ Rasmussen stated "we know pathogens need 36" of soil to attenuate pathogens". The modified NR151 requires only 24"- that's 12" short of attenuation and requires NO change at permitted operations, or CAFOs, who are already prohibited from spreading on less than 24".

I will also point to another piece of science which comes from a study completed in 2017 by the State's Geological and Natural History Survey to analyze potential for groundwater contamination in the Town of Lincoln. Attached are two maps from the study. The first map in the shades of blue represents over 500 data points that were used by the scientists to scientifically determine actual depth to bedrock or water table. The second map in shades of orange and red shows total susceptibility to contamination

1 ------

based on a number of key indicators. As you will note in our township there is virtually no agricultural acreage that is not susceptible to contamination.

Finally, I refer to the 2018 report on Kewaunee County groundwater contamination in which Dr. Borchardt concludes and validates the 2007 findings that 50' to bedrock appears to be the amount of soil needed to properly attenuate pathogens. SO you see the science DOES exist and SHOULD IMMEDIATELY BE USED TO ESTABLISH MANURE APPLICATION REGULATIONS.

It is time, actually well passed, that the DNR and DATCP stop Ignoring the science that exists both at the agencies and with townships and counties such as ours and Sylvester Township in Greene County to name a few. This is the science that independent organizations and county agencies have been providing to you since 2007, the science that exists in your own agency. What the real science is showing is that we need even stronger regulations in the most vulnerable areas. 50' of good soil should be a minimum requirement on which liquid manure can be spread. That actually represents a very small percentage of available Ag land. UW-Extension agents must also be redirected to work on the side of clean water and not the Industry

In conclusion, let me also say that in my township the large farms have alternatives to haul elsewhere but for me and my neighbors who depend on these highly susceptible wells for our water- we have NO alternatives- we are at your mercy.

The industry is concerned about the cost of these modifications to their businesses- on behalf of the families who have to pay out of pocket for a replacement well- some multiple times- to the tune of $15,000 per household- what about THEIR expenses?

The farms are in business. Business. Like any other business that must plan for and absorb the cost of changing laws, this too should be viewed as a cost of doing business and in the case·of clean water for thousands of Wisconsin families, should be the last thing considered by the government and only when balanced against the cost being borne by the families who are paying their own way. My neighbors are certainly not getting subsidies to stay economically viable.

I applaud your willingness to do the right thing for the people in this great state of Wisconsin. I'd only ask that you insist that opinions of the private, business, interests take a back seat to the science which clearly recommends even greater protections for our groundwater. We can live without milk, but we cannot live without water.

N8750 Black Ash Rd

Algoma, WI 54201

2 HYDROGEOLOGICAL CHARACTERIZATION OF THE TOWN OF LI~COLN, KEWAUNEE COUNTY, WISCONSIN

Map 3. Input datasets for depth-to-bedrock map

Legend

0 County Boundary 0 Town Boundary

- Roa

~ VVetland areas

- Perennial streams

-- Intermittent streams

o Well construction reports

- Fracture trares

x Sinkholes

• Geologic log a Borings (WGNHS)

o Bortngs (wind turbine)

+ Hand auger and push-probe points

7 SUrface geophysics measurements

t Bedrock outcrop observations jlj]l Utility trenches ill] 0-24 inches to bedrock (mapped by farmers} NRCS soil thickness, depth to bedrock (inches) 0-20 20-40 Depth to bedrock (feet) <10 10-20

- 20-50 111 50-100 a :0.100 0 0.5 1 Miles t 1:50,000

WISCONSIN GEOLOGICAL AND NATIJRA.L HISTORY SURVEY J OPEN-FILE REPORT 2017-06 HYDROGEOLOGICAL CHARACTERIZATION OF THE TOWN OF UNCOI.N, KEWAUNEE COUNTY, WISCONSIN

Map 7. Groundwater contaminant susceptibility

Legend 0 COunty Boundary 0 Town Boundary -Roads

~ Wetland areas

---' Perennial streams

- - Intermittent sb-eams Groundwater contaminant susceptibility {relative ranking) 0 Moderate t:[j High II "~"est • Hea mapped as grave! pits or gravelly outwash (NRCS soil type ~Pg'?. Excluded from groundwater contaminant stJsceptibilitycalculation based on sol! classification: however, considered to be an area of "highest" susceptJbl!ity.

0 0.5 1 Miles t 1:50,000

WISCONSIN GEOLOGICAl. AND NAiURAL tiiSTORY SURVEY I OPEN-FILE REPORT:2017·05 Bill Schroeder Testimony I'm William Schroeder W3213 Hickory Hills Road, Chilton, Wisconsin 53014

Scientists, citizens, county conservation departments, health care professionals have been documenting the impacts of agricultural pollution. Legislators themselves have said they are dedicating this year to finally implementing and funding serious solutions to address this problem.

I think necessary restrictions on spreading manure on fields should reflect the scientific evidence that 30 feet of soil is necessary to filter the nitrates and other pollutants from reaching our water aquifers under the escarpment. I believe that monies should be made available to households whose wells have been contaminated to install whole house water treatment systems to provide safe water for drinking, cooking, bathing, etc.

15 years ago I built a new house. When I purchased the land and the permits neither the seller nor the Town of Chilton who approved the building never mentioned that many of the wells in the area had problems with nitrates. I had a well drilled and it was tested for multiple contaminants but was not tested for nitrates. The town board sent out a notice that they would provide free testing of some wells on a first come first served basis. I did this and only then found out about the nitrate problem. My well tested 9 parts per million which was only 1 part per million below the recommended government restrictions on drinking. When a permit was requested of the Town of Chilton to permit a CAFO, I researched and found that the potential for water contamination from these farms was extremely likely. I protested to the town board to no avail. Since then with all the manure that has been spread on the field across the road from my house and the surrounding area by the CAFO, the nitrate level in my well has gone from the 9 parts per million to this years 24 parts per million. I have had to install a reverse osmosis system to get safe drinking water.

People are suffering right now because of previous decision makers' inaction. If this is kicked this down the road, they will continue to suffer, as will future generations who will have to live with water quality that is even worse than our already widespread problems. It will be more difficult and more expensive to deal with this problem the longer we wait.

Thank you for listening to these issues and I hope you will find real solutions

Page 1 NR 151 Comment

As our Natural Resource Board members, we depend on you to protect us and our state's precious resources. Nothing is more precious than water. It affects all living things. Scientific studies prove that too many nitrates can harm our children, harm our environment and harm the future of our precious water resource. Once the water is harmed, it is more costly and difficult to fix than addressing the problem at its source. For too long, we have watched as one well after another, then one stream, then one river, then one lake are fouled. Now more than 100,000 wells are contaminated. Our aquifers, rivers, streams and lakes suffer because you have failed to act. Catering to the vested interests is more important than the health of our children and the water we all depend on for a healthy life. Clean water is a right that cannot be bartered for political advantage. Clean water belongs to every citizen in our state and it cannot become a cesspool by those who refuse to acknowledge the science or pay for what they foul. You must now act to set limits based on science and not the pocketbook; based on the health of all our citizens not the monetary advantage of the powerful few. Please, work to expand NR 151 and establish standards for nitrates throughout the state.

Thank you for your attention to this important matter,

Steve Lambert

1147 Parlier St.

Green Bay, WI To Whom it may concem,

My name is Hans Breitenmoser. I have a 450 cow dairy in Lincoln County WI. Om lactating cows are housed in a naturally ventilated, sand bedded free stall bam. Om dry cows and pregnant heifers are grazed dming the grazing season. I am also a Lincoln County Board Supervisor, serving on the Land Services Committee. I am a past committee member on the Lincoln Langlade Fmm Service Agency Committee for the USDA. I am writing to show my suppott for strong water quality standards. Public policy should always be based on peer reviewed science and should always be concemed with doing the most good for the greatest number of people, especially if it involves public health.

Nitrate pollution has to be dealt with swiftly. It is a real problem now and even if we could stop all new contamination immediately it will take years to undo its effects. Nitrate pollution must be taken very seriously as it is proven to have many negative health effects especially to om children.

As a dairy fmmer I am finding it more and more difficult to properly apply manure because of the changing weather pattems. Wetter weather creates smaller windows of opportunity to apply and incorporate manure. It also makes it more likely that some fields are to wet to apply to but manme still needs a place to go so one may have to apply more to ground that doesn't need it. All the while excessive rains fill storage facilities more quickly which of course only exacerbates the issue.

All the above mentioned problems, plus poor fatm gate prices malce producing the Dairy State's milk a very difficult business to be involved in. However ignoring the impact we are having on our ground and surface water is not wise. Rather we need to be honest about the issue and work with farmers to find solutions based on science. And under no circumstances should shott tetm economic gain be put before water quality.

Thank you for taking my comments and for the work you are doing for our State's environment and economy.

Hans Breitenmoser. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 12:33 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

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-----Original Message----- From: [email protected] Sent: Friday, November 8, 2019 12:31 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Ned Gatzke Address: 10498 Jancing Ave., Sparta WI 54656 Email: [email protected]

Organization:

Comments: I support Scope Statement 077-19 for Rule WT 19-19. The proliferation of nitrate pollution of ground and surface waters created by inappropriate land use practices must be addressed. Evaluation of the most sensitive and vulnerable land and geological conditions to produce effective land use practices is a necessary first step. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 1:18PM To: Smith-Loomans, Sandra J - DNR Subject: FW: COMMENTS: Expanded Sensitive Areas in WI

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: carl schlecht <[email protected]> Sent: Friday, November 8, 2019 1:06 PM To: DNR Administrative Rules Comments Subject: COMMENTS: Expanded Sensitive Areas in WI

Brian Weigel DNR

I am writing in support of increasing the standards which will be used in regulating the abatement of ground water pollution in the parts of the state which have highly permeable soil profiles. Current regulations are inadequate.

I am grateful the state is undertaking changes because I live on the Kickapoo River, below a proposed Hog CAFO. The site, for the CAFO is upon a narrow ridge with evident Karst features.

Many citizens are concerned about the vulnerability of our water table being polluted forever by the downward transfer of untreated hog manure through our thin soil profile, then through sinkholes, and vertical striations, ending in our water table where it will permanently foul or wells.

Our situation, is further impaired by the lack of adequate acrage for the Nutrient Management Plan for the said CAFO planned for Marietta township in Crawford County. This will result in disastrous levels of pollution on the sparse tillable land all through our region.

Drag lines. They are unregulated in the state, and one week ago in Richland Co. a 43 year old farm worker was pulled inside a 12" pipe in a drainage culvert, while assisting a farmer who was using a tractor to pull a manure drag line through the culvert. His pelvis was crushed, and though he is recovering he will be hobbled for his lifetime. Drag lines need consideration for, at the very least, a level of regulation that reflects concern for human life.

Carl Schlecht 28065 Kickapoo Valley Road. Steuben, Wi53826 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 1:18 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: SS077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: {608) 266-1959 [email protected]

-----Original Message----- From: Topf Wells Sent: Friday, November 8, 2019 1:18 PM To: DNR Administrative Rules Comments Subject: SS077-19

Please continue to develop and adopt administrative rules which better protect groundwater and residents from the increases in the nitrogen-related pollution caused by excessive, careless, or untimely spreading of manure or other manure-handing practices in the Central Sands and Driftless Areas. My wife and I own a second home in a rural part of the Diftless Area, I'm on the backroads of that area frequently. We are concerned over the safety of our own drinking water. Even more than that, I'm concerned with the manure spreading I see, often before predicted rain storms or rapid thaws. Some spreading also seems to be excessive.

I value Wisconsin agriculture, especially in the Driftless Area highly (and personally consume a lot of locally raised beef and dairy) so I hope and expect the improved rules and related programs will also provide for financial assistance for the farmers who need such help to better manage manure.

Thank you for your attention to this request.

TopfWells Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 3:15 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: WT -19-19 Targeted Performance Statndards and Prohibitions to abate pollution of groundwater by nitrate in sensitive areas. Attachments: David Buss_WT -19-19 testimony.pdf

We are committed to service excellence. Visit our survey at http://dnr.wl.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: David A. Buss Sent: Friday, November 8, 2019 2:51 PM To: DNR Administrative Rules Comments Subject: WT-19-19 Targeted Performance Statndards and Prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

Please accept my attached comments regarding Rule No. WT-19-19 Targeted Performance Statndards and Prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

Dave Buss NuSOLUTIONS Agronomy, LLC N1926 County Road II Waterloo, WI 53594 (608) 347-3227

Notice: This email message and any attachments are solely for the confidential use of the intended recipient. If yon are not the intended recipient, please do not read this message or any attachments, and please do not distribute or act in reliance on this message. If you have received this message by mistake, please notify us immediately by return e-mail and promptly delete this message and any attachments from your computer system. Client and work product privileges are not waived by transmission of this message. NuSolutions Agronomy, LLC. David A Buss NuSolutions Agronomy, LLC N1926 County Road II Waterloo, WI 53594

State of Wisconsin Department of Natural Resources 101 5. Webster Street PO Box 7921 Madison, WI 53707-7921

SUBJECT: Draft STATEMENT OF SCOPE, Rule No: WT-19-19 relating to Targeted Performance Standards and Prohibitions to abate pollution of groundwater by nitrate In sensitive areas

I am an agronomist with NuSolutions Agronomy, LLC, a company that provides agronomic consulting to farms in South Central Wisconsin. Our company primarily provides nutrient management planning (NMP) and related agronomic services to farms of all sizes, including Concentrated Animal Feeding Operations (CAFO) requiring Wisconsin Pollutant Discharge Elimination Systems (WPDES) permits.

I have been providing Nutrient Management Planning services to farms as a Certified Crop Advisor through the American Society of Agronomy since its inception in 1992. We prepare NMPs that meet technical standards and best management practices farmers must follow to meet the performance standards of NRCS Code 590, ATCP 50, NR 151, NR 243, and assist our farm customers in their implementation. NMPs we prepare outline nutrient management strategies and runoff control best management practices that help farms manage water quality on their farms, including nitrates.

I would like to testify in opposition to the proposed NR 151 scope statement for nitrates.

I feel the proposed scope is too broad and undefined. The scope statement does not identify particular water bodies or regions within Wisconsin where these performance standards are targeting. In addition, the Department has not provided information to show substantial implementation of existing farm runoff standards under current law, that when full implemented may address pollution of groundwater by nitrate in sensitive areas.

Thank you for considering my testimony.

David A. Buss

NuSolutions Agronomy, LLC Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 3:15 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Regulating groundwater

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: kathleen Tigerman Sent: Friday, November 8, 2019 3:12PM To: DNR Administrative Rules Comments Subject: Regulating groundwater

Brian Weigel, DNR Dear Sir: I am alarmed by the weak standards that purport to regulate ground water pollution. I live in southwest Wisconsin where most residents get their water from wells, as I do. A hog CAFO expansion is proposed within a half mile from my house that concerns me deeply. The operator has already spread pig manure on the farmland next to my house, which causes me great distress. I am elderly and cannot tolerate the stench, which is unbearable and caustic to my lungs.

Further, this expansion is less than one mile from the Kickapoo River. The farmers taking the pig manure spread it on ground that has been flooded every year in the lastthree years. The former standards and even the proposed standards are not adequate to keeping my well and the Kickapoo River from contamination. Please write standards that protect the wa.ter, soil and air and that forbid the spreading of manure on land that provide a minimum floor of protection, with local control that responds to the majority of citizens and that is sensitive to the karst geology of our region.

Kathleen Tigerman 28065 Kicka poo Valley Road Steuben, Wi 54631 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 4:21 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: WI Land+ Water Comments on SS 077-19 Attachments: WI Land+Water Comments_Statement of Scope Targeted NR 151.pdf

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: Matt Krueger Sent: Friday, November 8, 2019 4:17PM To: DNR Administrative Rules Comments Cc: Calkins, Kurt- DATCP Subject: WI Land+Water Comments on SS 077-19

Hello,

Please see the attached for WI Land+Water's comments on SS 077-19. Thank you for the opportunity to provide input.

Regards, Matt Krueger

*Matt Krueger* Executive Director WI Land+Water 608-441-2677 x4 [email protected] wisconsinlandwater.org

*Advocates for Locally Led Conservation* Oft LAND Wisconsin Land+ Water Conservation Association 131 W. Wilson Street, Suite #601 · Madison, Wisconsin 53703 (608} 441-2677 ·Fax: (608} 441-2676 · www.wisconsinlandwater.org

Brian Weigel Dept. of Natural Resources, Bureau of Watershed Management P.O. Box 7921 Madison, WI 53707-7921

November 8, 2019

RE: Comments in support of 55 077-19

Dear Mr. Weigel,

Thank you for the opportunity to provide comment on 55 077-19, the statement of scope for the proposed targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

These comments are submitted on behalf of Wisconsin Land and Water Conservation Association (WI Land+Water), a statewide non-profit membership organization that supports the efforts of 450 land conservation committee supervisors and 350 conservation department staff in counties across the state. WI Land+Water's members exhibit balanced leadership as they work with farmers, producers, and landowners to meet their land management objectives, while at the same time complying with baseline conservation expectations and standards.

WI Land+Water encourages the Department's Natural Resources Board (NRB) to approve the statement of scope, and advance the rulemaking process forward. There is ample evidence that groundwater nitrate contamination is a significant problem in the state of Wisconsin, and we must act to address the issue.

Recent public processes such as the Legisl~ture's statewide Water Quality Task Force hearings,.and WI Land+ Water's Food, Land, and Water effort demonstrated a growing consensus that we need to act on the issue. Furthermore, the 2019 Groundwater Coordinating Council Report to the Legislature identifies nitrate as Wisconsin's "most widespread groundwater contaminant," and estimates that over 42,000 private wells in Wisconsin exceed the safe drinking water standard. The estimated cost of abandoning these contaminated wells and replacing them with a new, safe water supply would exceed 440 million dollars.

There has been some very public resistance to approving this statement of scope, and moving forward with the process. In response to this opposition, we point out that if the NRB approves the statement of scope, the ensuing rulemaking process will ensure thoughtful, transparent deliberation and input from a wide range of stakeholders, including the public. All voices will have a chance to be heard, and relevant stakeholders will have a seat at the table to help shape the rule. It's worth noting that public hearings at this stage in the process, about a scope statement for which we have very little information, only slows the rulemaking process, and creates opportunities for the proliferation of misinformation about what is, and what isn't in the rule. At this point, we don't know either-as such, we should let the process proceed forward so those determinations can be made, with all affected parties having a seat at the policymaking table.

The NRB spoke resoundingly in support of clean water during deliberations about a prior targeted NR 151 standard, affecting vulnerable groundwater aquifers in areas of shallow, Silurian dolomite. The NRB's support for this current rulemaking process continuing forward will once again be critical, and is an important step toward working to achieve safe drinking water for all Wisconsinites-a goal we all can and should agree upon.

Thank you for the opportunity to provide input on this important topic.

Sincerely,

Matt Krueger Executive Director Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Friday, November 8, 2019 4:21 PM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19.

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 8, 2019 4:20PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Susan Davidson Address: 2122 Vilas Avenue, Madison WI 53711 Email: [email protected]

Organization: Wisconsin Environmental Health Network

Comments: I am writing this comment on behalf of the Wisconsin Environmental Health Network (WHEN), a group of health care professionals dedicated to education and advocacy around issues having to do with the environment and health.

We are writing to request that the Natural Resources Board approve a scope statement so that the DNR can address the regulation of nitrates to protect the citizens of Wisconsin. As health professionals, we are particularly concerned with ·the public health implications of nitrates in drinking water.

Wisconsin is known to have high nitrate levels in the drinking water of a variety of areas of Wisconsin including eastern Wisconsin, the central sands and southwest Wisconsin. The adverse affects of high nitrates to children under 6 months are well described. Methemoglobinemia (blue baby syndrome) is caused by exposure to water with high nitrate levels, primarily through formula feeding. This is of particular concern in our state because only 21% of WIC recipients are exclusively breastfed at 3 months. The US EPA level of 10 mg/liter was set to so there would be no observed cases at this limit. 40% of Wisconsin residents obtain their water from private wells and at least 10% levels of nitrate about the EPA threshold. It is clear, then, that a percentage of our babies in Wisconsin are exposed to unsafe nitrate levels.

Exposure to elevated nitrate levels are also associated with adverse birth outcomes including an increased incidence of neural tube defects, preterm birth and low birthweight. These adverse effects not only cause suffering to child and family but also are associated with significant medical costs. It is estimated that the attributable yearly cost of these outcomes in 2005 was approximately $150 million. This does not include costs of lifelong care and lost productivity. Of concern is that levels of nitrates significantly lower than the EPA standard have been associated with increased risk of colorectal, thyroid, kidney, ovarian and bladder cancer cases. Of these, the data are strongest for colo rectal cancer. It is estimated that between 1 and 8 percent of colo rectal cancers are attributable to nitrate exposure at an treatment cost of $250 million to 1.5 billion dollars per year in the US Given that this is the 4th most common cancer in the US, decreasing the prevalence ofthis cancer would be a public health victory.

Once nitrates are in a water supply, it is extremely expensive to remove them and beyond the practical budget of the rural areas that have the highest risk of exposure. The most sensible and effective approach is to prevent nitrates from entering the water supply through thoughtful and effective public policy. We are therefore requesting that NRB approve the scope statement so the DNR can begin developing the substantive changes to NR 151 to protect sensitive areas in our state. Our children are our future and it is crucial that they get the best start possible. In addition, as our population ages, the prevalence of colo rectal and other cancers will increase. It is crucial that we invest in preventive measures. Smith-Loomans, Sandra J - DNR

From: Weigel, Brian M - DNR Sent: Sunday, November 10,2019 6:34PM To: Smith-Loomans, Sandra J - DNR Subject: FW: NR 151 Comments Attachments: 2019-11-8 NR151 Scope Comments.pdf

Hi Sandra, let's include these please. Not sure about the issue with the email. Thanks

We are committed to service excellence. Visit our survey at http:Udnr.wi.gov/customersurvey to evaluate how I did.

Brian M. Weigel, Ph.D. Deputy Director, Watershed Bureau Runoff Management Program Wisconsin Department of Natural Resources 101 S Webster, Madison, WI 53707 Phone: (608) 225-4964

~ ~dnr.wi.gov o:nr:t~ fjjlO

From: Adam Voskuil Sent: Saturday, November 9, 2019 7:26AM To: Weigel, Brian M- DNR Subject: NR 151 Comments

Hi Brian,

Please see my attached comments on the NR 151 scope statement. I attempted to send them to [email protected] last night and received a Delivery failure message. I did not notice the message until this morning and followed up with a test e-mail from a different account and again received a failure message.

I'm not sure if others experienced the same problem, but I thought I would bring it to your attention while also making sure someone received my comments. I included a copied portion of the failure message below as well.

Best,

Adam Voskuil

Delivery has failed to these recipients or groups: [email protected] ([email protected] The email address you entered couldn't be found. Please check the recipient's email address and try to resend the message. If the problem continues, please contact your helpdesk. Midwest Environmental Advocates

BOARD OF DIRECTORS SUSAN DAVIDSON VIA EMAIL TO [email protected] President Madison DAVE CLAUSEN VIce President November 8, 2019 Amery DAN COLLINS Sturgeon Boy TOM DAWSON EmmaEsch Madison Department of Natural Resources MAUREEN FREEDLAND ~a Crosse 101 S. Webster Street JAN GENTRY Madison, Wisconsin 53707 Madison JIM GOODMAN Wonewoc Re: Department ofNatural Resources NR 151 Revision Scope Statement ALANA MCKEEVER Madison WILLIAM H. LYNCH Milwaukee Dear Ms. Esch: MELISSA SCANLAN Founder Norwich, VT KELLY PARKS SNIDER Thank you for the opportunity to comment on the Wisconsin Department of Madison Nature! Resources' ("DNR") Scope Statement for proposed rule changes to GORDON STEVENSON Secretary Wisconsin Administrative Code § NR 151. This proposed rule, which would Black Earth create targeted performance standards in areas susceptible to groundwater STEPHANIE TAl pollution ("sensitive areas"), signals to Wisconsin citizens across the state that Madison DAVID WERNECKE the quality of their drinking water and groundwater is important. Treasurer Baraboo These comments recognize the ubiquity and severity of nitrate pollution in

ARLEN CHRISTENSON Wisconsin. While nitrate pollution is not a new problem, recent research has Emeritus Board Member indicated that many Wisconsin communities are struggling with groundwater Madison contamination. These regions range from the permeable soils of the central STAFF sands to the karst topography in western and south central Wisconsin. For KIMBERLEE WRIGHT example, the Southwest Wisconsin Groundwater & Geology (SWIGG) study Executive Director found high rates of nitrate pollution in Grant, Iowa, and Lafayette Counties\ RV CARPENTER and a 2018 EPA study in juneau County indicated that 59-72% of groundwater ANDREA GELATT

ROB LEE ROBERT LUNDBERG LAUREN RUDERSDORF 1 See Southwest Wisconsin Groundwater and Geology Study available at PEG SHEAFFER https://iowa.extension.wisc.edufcommunity-developmentjswigg/ i·c"ill"?i:tj,:,- "-'\1''•'-r;o..<; fi L'Ci samples downgradient of crop fields exceeded the 10 mg/L nitrate standard.2 Finally, the 2019 Groundwater Coordinating Council report stated that "approximately 40% of total nitrate inputs into our groundwater originate from agricultural sources." 3 Many of these findings point to the need to create additional requirements for agricultural practices that are contributing to serious pollution problems throughout the state.

Nitrate pollution concerns are particularly poignant in Wisconsin because a disproportionate nu'mber of Wisconsin households ( 40%) rely on private wells for water compared to the national average (15%). Therefore, while this issue may not be new, it is growing and continuing to affect a larger number of Wisconsin communities. As such, it is important for oversight bodies, such as the Department of Natural Resources to respond to this pollutant.

Following Governor Evers' signing of the Scope Statement in August of 2019, a number of industrial agriculture groups submitted a letter raising procedural and legal concerns with the statement. Under our reading of the law, the groups' concerns do not fully recognize DNR's legal authority to propose the scope statement and draft the rule. These comments address DNR's authority to propose targeted performance standards for those areas of the state that are susceptible to groundwater contamination from manure runoff.

I. DNR HAS AUTHORITY TO PROPOSE RULE CREATING TARGETED PERFORMANCE STANDARDS FOR SENSITIVE AREAS

Wisconsin law authorizes DNR, in consultation with DATCP, to promulgate rules prescribing performance standards and prohibitions for agricultural facilities and practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting non point source water pollution. 4 Nonpoint source water pollution is defined as pollution of waters of the state, which include all lakes, bays, rivers, streams, springs ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within Wisconsin. s These statewide standards are codified in Wisconsin Administrative Code§ NR 151.

a. Statewide Performance Standards have been implemented

Specifically, statewide performance standards are housed in Subchapter II of NR 151, titled Agricultural Performance Standards and Prohibitions. Those standards, defined between sections 151.02 and 151.08 address: sheet, rill and wind erosion; tillage setbacks; phosphorus; manure storage facilities; process wastewater handling; clean water diversion; nutrient management; Silurian bedrock; and manure management. Each of these sections

2 See EPA Northeast juneau County Groundwater Investigation Data Analysis- Relationships between Nitrate in Groundwater and Potential Sources, Environmental Protection Agency (December 13, 2018) 3 See Wisconsin Groundwater Coordinating Council, Report to the Legislature, Fiscal Year 2019 (available at: https ://dnr. wi.gov/topic/ groundwaterI documents/GCC/Report/Ful!Report20 19 .pdf) 4 Wis. Stat.§§ 281.16(3). s Wis. Stat.§§ 281.01(18) & 283.01(20) 2 contains mandatory language outlining what facilities and operators of those facilities must do. Therefore, Subchapter II identifies and implements the statewide performance standards by listing actions and requiring compliance.

Wisconsin Administrative Code§§ NR 151.09 and 151.095 further address implementation and enforcement procedures. § 151.09(1) defines "cropland performance standards" as those standards listed in §§ NR 151.005, 151.02, 151.03, 151.04, 151.07, and 151.075. Similarly, § 151.095 explains that the "livestock performance standards and prohibitions" are those standards and prohibitions in§§ NR 151.005, 151.05, 151.055, 151.06, and 151.08. Neither of the sections describing implementation or enforcement alter the substance of the performance standards or the mandatory language found within Subchapter II. Instead, the sections dictate how DNR will respond to and enforce noncompliance. The code, therefore, clearly identifies the implemented standards that agricultural facilities and operators must abide by. Failure or refusal to comply with those standards or prohibitions does not eliminate those requirements.

Once DNR sets the statewide performance standards, there is no guarantee that those standards will be sufficient to achieve water quality standards. In those instances, DNR may promulgate targeted performance standards to better ensure attainment of water quality standards. DNR recognized and memorialized this possibility in Wis. Admin. Code § NR 151.004 which states:

Implementation of the statewide performance standards and prohibitions in this chapter may not be sufficient to achieve water quality standards under chs. NR 102 to 105 or groundwater standards under ch. NR 140. In those cases, using modeling or monitoring, the department shall determine if a specific waterbody or area will not attain water quality standards or groundwater standards aft:er substantial implementation of the performance standards and prohibitions in this chapter. If the department finds that water quality standards or groundwater standards will not be attained using statewide performance standards and prohibitions but the implementation of targeted performance standards would attain water quality standards or groundwater standards, the department shall promulgate the targeted performance standards by rule.

Here, the statewide performance standards are in effect. Nonetheless, waterbodies across the state are experiencing groundwater contamination. As such, these targeted performance standards outlined are necessary to protect Wisconsin citizens and DNR is acting according to the law in proposing the standards. There are a number of studies and even more anecdotal evidence supporting this rulemaking process and we ask the NRB to allow that process to continue.

b. DNR has authority to propose current rule even if statewide performance standards were not implemented.

Assuming for the sake of argument that DNR is not substantially implementing its current authorities, DNR could still find that "water quality standards or groundwater standards will not be attained using statewide performance standards and prohibitions." DNR recognizes that the geography of Wisconsin varies and some areas are more susceptible to groundwater contamination than others. The Scope Statement clearly recognizes that there are physical

3 characteristics of the soils and bedrock in parts of Wisconsin that allow runoff to contaminate groundwater more readily than in other portions of the state. As such, DNR would not be required to show that current, fully implemented standards are insufficient. Instead, the agency must determine that standards will not be achieved, despite implementation.

There are numerous studies showing the sensitive soils around the state. Studies indicate that there is karst topography in western and south central Wisconsin. Further, there are highly permeable soils in the middle of the state that are likewise susceptible to groundwater contamination. DNR would be acting within the agency's authority in promulgating a rule that creates targeted performance standards for these regions even if the statewide standards were not implemented. This is because NR 151.004 does not require a showing of implementation, only a finding that water quality and groundwater standards would not be attained through statewide standards and prohibitions.

II. Opportunity for Public Input

Some stakeholder groups raised concerns regarding the amount of public input the department has sought in developing the Scope Statement. These arguments ignore the many opportunities to engage in the rulemaking process moving forward.

Wisconsin law allows a number of interested parties to weigh in on the effects of the potential rule during the creation of the economic impact analysis, before the rule is drafted.6 The Scope Statement lists all entities that may be affected by the proposed rule, that list includes: rural residents with private wells; users of community and non-community wells; agricultural producers and their consultants; agricultural cooperatives and fertilizer retailers; county land conservation departments; and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).7 Under the law, the person preparing the analysis is required to solicit information and advice from "businesses, associations representing businesses, local governmental units, and individuals that may be affected by the proposed rule."B The agency is obligated to seek input from a number of stakeholders before a rule is even drafted.

Following the economic impact analysis, the department is required to provide opportunities for public participation. 9 DNR explained in the Scope Statement that the agency anticipates holding three or four hearings around the state, in La Crosse, Wisconsin Rapids, and Madison. Those hearings will be publicly noticed and further provide an opportunity to hear from concerned citizens, communities, and other engaged stakeholders once there is actual substance to comment on.

'Wis. Stat.§ 227.137 7 See Scope Statement 1f 6 s Wis. Stat.§ 227.137(3) 'Wis. Stat.§ 227.16 4 Finally, even if citizens are unable to attend any of those hearings, Wisconsin law requires that the legislative council maintain a website that will state where comments on the proposed rule should be submitted.lO

Therefore, while we understand the need for public input, it is unnecessary to delay the rulemaking process at such a preliminary stage when there will be an extensive opportunity for input moving forward. Further, there is no obligation that DNR confer with groups before the rulemaking process begins.

In conclusion, we appreciate the NRB's dedication to protecting communities and resources as well as the need for proper process. Nonetheless, it is time for the agency to draft these targeted performance standards and address the health hazards created by groundwater and drinking water pollution across the state. We therefore ask that the NRB approve this scope statement as soon as possible so substantive discussion and analysis on the actual rule can begin.

Sincerely,

/sf

Adam Voskuil Staff Attorney Midwest Environmental Advocates

10 Wis. Stat.§ 227.15(1m) 5 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:53AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Letter in support of scope statement Attachments: Letter of support 11-8-2019.pdf

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Ryan Billingham Sent: Friday, November 8, 2019 4:49PM To: DNR Administrative Rules Comments Cc: Jennifer Giegerich Subject: Letter in support of scope statement

Hello,

I am submitting the names of 357 Wisconsinites who are in support of the original scope statement for board order WT- 19-19. Letter is attached as "Letter of support 11-8-2019."

Thank you for your consideration, Ryan Billingham

Ryan Billingham, Communications Director Wisconsin Conservation Voters 133 S. Butler St. Ste. 320, Madison, WI 53703 Office: 608-661-0845 I Direct: 608-208-1129 I Cell: 608-213-6972 [email protected] I www.conservationvoters.org Wisconsin Conservation 0 Voters Engaging voters to protect Wisconsin's environment. 0 Wisconsin Conservation Voters

Nov. 8, 2019

Dear Chairman Prehn and members of the Wisconsin DNR Board,

I am adding my name to t~e list of citizens in Wisconsin who want to see the DNR Board authorize a rule-making process to address water pollution from nitrate statewide and manure pollution in sensitive areas.

Nitrate pollution is a serious issue in Wisconsin that impacts our health and leads to increased water quality problems. Many communities and families are already struggling with contaminated drinking water and this is only going to continue to get worse if we do not take action to address this problem.

It is necessary for the state to move forward with a rule-making process that involves all stakeholders and brings science and data to inform the process.

We urge you to move forward with the rule-making process, Board Order WT-19-19, as proposed at your December 2019 meeting.

Thank you for your consideration,

Jen Abbott 2 W Gorham St Apt 405 Madison WI 53703 Janet Ahler 330 County Road K Fond DuLac WI 54937 Thomas Albrecht 1083 Apple Ave Amery WI 54001 Joanne Allen W12866 River Rd Black River Falls WI 54615 Dee Allen 1911 Rusty Ln Lac Du Flambeau WI 54538 Annette Ancei-Wisner 61 Ridgeway Dr Shell Lake WI 54871 Edna Anderson 812 Moore St Beloit WI 53511 Patrick Andraska N7901 770th St Colfax WI 54730 Melissa Anglin 3649 Sequoia Trl Verona WI 53593 Evan Arnold 1415 Williamson St Apt 1 Madison WI 53703 Mary Arthur 12035 W Brown Deer Rd Milwaukee WI 53224 Douglas Au net 6125 Hugh itt Ave Superior WI 54880 Dennis Bahlmann 330 S 15th St Wisconsin Rapids WI 54494 Ruth Battaglia 330 County Road K .Fond DuLac WI 54937

conservationvoters.org • 608-661-0845 • 133. S. Butler St., Madison, WI 53703 Brent Bauer W4292 State Highway 85 Durand WI 54736 Deanne Beaumier 1808 Ridgeway Dr Apt 62 De Pere WI 54115 Peter Becher 1847 County Road I Somerset WI 54025 Karolyn Beebe 220 Merry St Madison WI 53704 Leigh Begalske 1823 Fiesta Ln Green Bay WI 54302 Robert Benkowski 1469 A Rapids Trl Nekoosa WI 54457 Manuel Bermudez W232S7390 Woodland Ln Big Bend WI 53103 Ryan Billingham 4873 High Chaparral Rd Marshall WI 53559 Charles Boardman 1422 Chandler St Madison WI 53711 Walt Bogner N4836 State Road 22 Montello WI 53949 Rita Bogolub 5424 Razorback Rd Conover WI 54519 Rebecca Bohmsach 5021 Tower Rd Wisconsin Rapids WI 54494 Adele Borouchoff 2511 E Belleview PI Apt A Milwaukee WI 53211 Marcy Bosworth 513 E Elm St River Falls WI 54022 Catherine Brandstetter 8942 41st Ave Kenosha WI 53142 Bruce Braun 2277 Gold Dr Fitchburg WI 53711 Judith Brey 2101 Winfield Dr Reedsburg WI 53959 Joan Brock 7949 Deer Run Rd Cross Plains WI 53528 Anna Marie Brown W7449 County Hwy E Spooner WI 54801 Mark Bruemmer N3018 Woodland Rd Marinette WI 54143 Mark Bruhy W62N822 Arbor Dr Cedarburg WI 53012 David Brusky 1793 Cinnabar Way Green Bay WI 54311 John Buenker 227 William St Racine WI 53402 Chris Burch 1108 Lindbergh Ave Stevens Point WI 54481 Carole Burzynski 20975 George Hunt Cir Apt 610 Waukesha WI 53186 Mark Bye 7325 Whitespire Rd Apt 4 Schofield WI 54476 John Carroll 2528 N Dousman St Milwaukee WI 53212 Bill Cary 20742 Buckta Hill Rd Richland Center WI 53581 Dawn R. Casper 5709 Cedar PI Madison WI 53705 John Cecco 3606 Wilderness Trl Suamico WI 54313 Jean Chanson 340 Home Ave Fontana WI 53125 Kevin Chapman W5461CO H Phillips WI 54555 Philip Chaudoir 161 N Oakland Ave Green Bay WI 54303 Judy Childers 610 Vernon Ave Madison WI 53714 Pat Chung 5301 S46 St Greenfield WI 53220 Douglas Cibulka 2517 W Wisconsin St Portage WI 53901 Glenn Coenen 10776 County Road Mm Amherst Junction WI 54407 Matthew Coffey 4345 Meadow Ln Eau Claire WI 54701 Cathy Cowling 4540 Island View Dr Oshkosh WI 54901 William Cramer 125 N 3rd St Apt 2 Platteville WI 53818 Kevin Crisman 2523 N Humboldt Blvd Milwaukee WI 53212 G. Allen Daily 2200 N Commerce St Apt 302 Milwaukee WI 53212 Diane Daniel PO Box 281 Baileys Harbor WI 54202 Steven C. Davis 1700 W Bender Rd Apt 273 Glendale WI 53209

conservationvoters.org • 608-661-0845 • 133. S. Butler St., Madison, WI 53703 Terry Dawson 1131 S Oneida St Appleton WI 54915 Bill Dean 4125 Nicolet Dr Green Bay WI 54311 Marie-Claire Deluna N2927 Banker Rd Fort Atkinson WI 53538 Bruce Denny 411 W 4th St Shawano WI 54166 Rebecca Derenne 817 N Chestnut Ave Green Bay WI 54303 Kevin Dickey PO Box 173 Silver lake WI 53170 lyle Dickson E8893 Hudson Rd Clintonville WI 54929 Cheryl Diehl 1290 Friess lake Rd Hubertus WI 53033 Dick Dierks 218 E Harris St Appleton WI 54911 Christine Dillon-Puchalsky 5847 Tree line Dr Fitchburg WI 53711 Jeffrey Dix 4708 Stettin Dr Wausau WI 54401 Patricia Dodd 4627 Elgar ln Madison WI 53704 Ruby Dow W3008 49th St Mauston WI 53948 Thomas Duffey 702 E Randall St Appleton WI 54911 Jean Duginski W6827 Alder Way Appleton WI 54915 Kathleen Ebert N12305 Pike River Rd Wausaukee WI 54177 Cathryn Eckberg 1699 Cary Rdg Amherst Junction WI 54407 Elizabeth Ehlert 4917 N Oakland Ave Milwaukee WI 53217 Joyce Ellwanger 1637 N 16th St Milwaukee WI 53205 Alan Engebretson 1008 Frontenac Ave Stevens Point WI 54481 Francesca Erickson 499 lake Bluff Dr Oconomowoc WI 53066 Jeanine Fair W14196 Selwood Dr Prairie Du Sac WI 53578 Debra Fairbanks N7655 County Road J Monticello WI 53570 Dave Fallow 102 leon St Madison WI 53714 Don Ferber 4700 Allis Ave Unit 123 Madison WI 53716 Joanne Fetting 5025 N Woodruff Ave Milwaukee WI 53217 loretta Fialkowski 2243 Redtail Dr Neenah WI 54956 Fran Field 314 N Water St Sparta WI 54656 Dan Fields 617 HighcliffTrl Madison WI 53718 Helen Findley 6225 Mineral Point Rd Apt C61 Madison WI 53705 Hannah Fisher 1071 Regent Rd Unit 709 Oconomowoc WI 53066 Barbara Fleishman 3149 Stratton Way Apt 106 Madison WI 53719 Richard Franken 3038 Irvington Way Madison WI 53713 John Gajewski 1913 A E Nock St Milwaukee WI 53207 Charles Gaulke W287N8950 Center Oak Rd Hartland WI 53029 Terry Gerlach 122 Shadow lake Dr Waupaca WI 54981 Joanne Gerszewski 15685 Heather Hill Dr Brookfield WI 53005 Kevin Giehl 5307 N 13th St Milwaukee WI 53209 Jill Giencke 5642 S Quality Ave Cudahy WI 53110 Mark M. Giese 1520 Bryn Mawr Ave Mount Pleasant WI 53403 Josh Gilbert 319 Chapple Ave Apt 501 Ashland WI 54806 Bonnie Golden 891 Blackoak Rd Eau Claire WI 54701 Patricia Golner W277N2242 lakeview Dr Pewaukee WI 53072 Erin Gonzales 301 Norris Ct Apt 8 Madison WI 53703

conservationvoters.org • 608-661-0845 • 133. S. Butler St., Madison, WI 53703 Cheryl Goodman 3214 Heatherdell Ln Madison WI 53713 John Gosling 1102 W Prospect Ave Appleton WI 54914 Sister Grabowski 1300 Maria Dr Stevens Point WI 54481 Julie Graf 30 S Hillside Ter Madison WI 53705 Paul Gravunder W6809 Windward Dr Greenville WI 54942 William Gregory 7300 7th Ave Kenosha WI 53143 Narda Gromoll 1717 Watersmeet Lake Rd Eagle River WI 54521 John Gubner 513 San Juan Trl Madison WI 53705 Cynthia Guggemos 803 Blake St Blanchardville WI 53516 Sue Haake 9750 30th St Colfax WI 54730 Mary Hahn S11570 Hazelnut Rd Spring Green WI 53588 Robert Halford 18703 67th Ave Chippewa Falls WI 54729 Ellen Hansen 305 N Baldwin St Madison WI 53703 Wayne J Hanson 215 S Lincoln St Poynette WI 53955 Natalie Harburn 5110 Manitowoc Pkwy Madison WI 53705 Alex Hartwell 5225 N Ironwood Rd Ste 212 Milwaukee WI 53217 Pat Hawthorn 12876 N Balsam Rd Hayward WI 54843 Lynette Heath . 5560 Sheil Dr Oregon WI 53575 Katie Heinen 2547 N 67th St Wauwatosa WI 53213 Lisa Heller W15270 County Road D Melrose WI 54642 Simon Hellerstein 446 Agnes Dr Madison WI 53711 David Henning 9352 Eisenhower Dr Marshfield WI 54449 John Herbst 2605 Fairfield PI Madison WI 53704 John Hermanson 948 Memorial Dr Sturgeon Bay WI 54235 Marci Hess 20002 County Rd N Blanchardvlle WI 53516 E. Hesseling 3353 S Quincy Ave Milwaukee WI 53207 Joanne Hesselink W2838 Eagle Rd Neshkoro WI 54960 Frances Hoffman 6136 Portage Rd Deforest WI 53532 Randi Hoffmann 95 Rubina Ln Apt 12 Fond DuLac WI 54935 Jan Holgate 1226 N 4th St Sheboygan WI 53081 Sam Holm 545 E Dover St Milwaukee WI 53207 Amy Holt 2952 Ivanhoe Gin Fitchburg WI 53711 Theresa Holzem 1206 Mendota St Madison WI 53714 Daniel Holzman E12196 County Road U Baraboo WI 53913 Carl Hosterman W7315 County Road X Wausaukee WI 54177 William Houterman 727 Lori liard Ct Apt 439 Madison WI 53703 Edward Hubbard 210 S Whitney Way Madison WI 53705 David Huebner 137 Law St Neenah WI 54956 Michael litis 2784 Marshall Pkwy Madison WI 53713 Frances lngebritson 516 Wisconsin Ave Apt 1 Madison WI 53703 Mari Jackson 527 Maxon St Eau Claire WI 54703 Jolie Jacobus 2428 Independence Ln Unit 206 Madison WI 53704 Andrew Jadczak 442 N 49th St Milwaukee WI 53208 Heidi Jahn 5617 Cambridge Ln Unit 2 Mount Pleasant WI 53406

conservationvoters.org • 608-661-0845 • 133. S. Butler St., Madison, WI 53703 Joan Janisch 8640 Jackson Park Blvd Milwaukee WI 53226 Peter Jasen 306 Ross Ct Stevens Point WI 54481 Amy Jedlicka 1001 Avebury Ct Nekoosa WI 54457 Deb Johnson 1755 30th Ave Rice Lake WI 54868 Elaine Dorough Johnson 1419 James Way Fort Atkinson WI 53538 Judy Jolin 509 County Road M Pickett WI 54964 Mary Jones W9537 Cypress Rd Wautoma WI 54982 Michael Jones 226 S Green Bay Ave Gillett WI 54124 Mary Jones-Giampalo N7282 Trophy Dr New Lisbon WI 53950 Jill Jordahl W8109 320th Ave Hager City WI 54014 Robert Juracka 10590 County Road D Amherst WI 54406 Louise Juracka 10590 County Road D Amherst WI 54406 Ben Kalb 3377 N Pierce St Apt 1 Milwaukee WI 53212 Michael Kaltenberg 621 Highway 65 Roberts WI 54023 Lance Kammerud 20815 State Road 78 Blanchardville WI 53516 Mary Kelly 2307 Sunny Ln Apt A Suamico WI 54313 Kevin Kemps 615 Monroe St Neenah WI 54956 Malcolm Kennett 3303 E Heideman Dr Appleton WI 54915 Kathleen King 410 Ozark Trl Madison WI 53705 James Kneisler E953 Rural Rd Waupaca WI 54981 Justin Knutesen 3337 Vineyard St Eau Claire WI 54703 David Knutzen 5096 Tuggle Ln Waunakee WI 53597 Betty Knutzen 5096 Tuggle Ln Waunakee WI 53597 Krysta Koralesky 111 Meadow Oak Trl Waunakee WI 53597 Aleks Kosowicz 12876 N Balsam Rd Hayward WI 54843 Kim Kost 5505 US Highway 51 Manitowish Waters WI 54545 Bradford Kral 8061 N 45th St Brown Deer WI 53223 Suzanne Krasno 500 W Bradley Rd # 118A Fox Point WI 53217 Bruce Krawisz 1600 N Hills Dr Marshfield WI 54449 Sara Krizan 2636 N Pierce St Apt 1 Milwaukee WI 53212 Margaret Krzyzewski 746 Fish Dr Wisconsin Dells WI 53965 John Kuhn W1147 Filmore Rd Rubicon WI 53078 Jane Kusler-Jensen N6406 26th Rd Wild Rose WI 54984 Dana Lafontsee 5228 Buena Park Rd Waterford WI 53185 Jean Lake 5449 Manor Rd Rhinelander WI 54501 Brian Larson 5913 Dietrich Hts Cassville WI 53806 Richard Larson 1470 Rosewood Pass Oconomowoc WI 53066 Mark Latiker 3530 E Tesch Ave Apt 4 Saint Francis WI 53235 Leon Lawrenz 7202 Black Hill Rd Lodi WI 53555 Jessica Le Mieux 2420 Sycamore Dr Apt 78 Green Bay WI 54311 Mike Leannah 522 Grant Ave Sheboygan WI 53081 Marc Lemaire 430 E Court St Viroqua WI 54665 Brenda Letellier 17000 W Sundown Dr New Berlin WI 53151 Alexandra Lewis 121 Park PI Apt 2B Delavan WI 53115

conservationvoters.org • 608-661-0845 • 133. S. Butler St., Madison, WI 53703 David Lindberg 1145 N 21st St Milwaukee WI 53233 Susan Lindell 3008 S Superior St Milwaukee WI 53207 Steven Lindstrom 4541 S Pine Ave Milwaukee WI 53207 Dale Long 1440 131st Ave New Richmond WI 54017 Constance Lorig 927 S 7th St De Pere WI 54115 Carol Losey 1718 Hogeboom Ave Eau Claire WI 54701 Diane Macaluso 3818 N79th St Milwaukee WI 53222 Christine MacCrindle 27809 1st St Kansasville WI 53139 Elizabeth MacKelvie 1954 Palisades Dr Appleton WI 54915 Patrick Maher 2614 Glen Eyrie Ln Delavan WI 53115 Julie Marcks 4611 Juniper Ln Wisconsin Rapids WI 54494 Mary Marks 609 Chicago St Green Bay WI 54301 Joe Mastalski 7127 Scalbom Dr Hazelhurst WI 54531 Joan McCormick 2909 E Newport Ave Milwaukee WI 53211 Pamela Mclaughlin 14 Merrill Crest Dr Madison WI 53705 Robert Melcher S78W20229 Monterey Dr Muskego WI 53150 Martin Melchior N652 State Road 113 Lodi WI 53555 Rita Meuer 1422 Wheeler Rd Unit E Madison WI 53704 Orben Mielke 203 Kay Ave . Sheboygan Falls WI 53085 Peter Miess 601 N Segoe Rd Apt 302 Madison WI 53705 Marilyn Miess 601 N Segoe Rd Apt 302 Madison WI 53705 Terry Millar 2233 Rowley Ave Madison WI 53726 Susan Millar 2233 Rowley Ave Madison WI 53726 Lester Miller 3143 W Villa Dr Franklin WI 53132 Ann Moffat 2150 Dahlk Cir Verona WI 53593 Paul Mongin 1010 Village Green Ct Green Bay WI 54313 Judith Moon 9850 N Courtland Dr Mequon WI 53092 Elise Moser 1200 Water St Sauk City WI 53583 Helen Moslavac 7115 Park Shores Ct Middleton WI 53562 Edward Mrkvicka 341 Whitewater Ave Fort Atkinson WI 53538 Maria Muniagurria 2531 Chamberlain Ave Madison WI 53705 Jason Murcko 601 Wingra St Madison WI 53715 Patricia Nadreau 24191 Dial Ave Tomah WI 54660 Paul Nasvik 235 Monroe St N Hudson WI 54016 Peter Nelson 1135 Willow Green Cir Eau Claire WI 54701 Forrest Netzel 14255 W Maylore Dr New Berlin WI 53151 Paul Neujahr 935 S Weimar St Appleton WI 54915 Gary Nickel W5881 Riverview Ct Plymouth WI 53073 Melissa Nimke 2042 W Ranch Rd Mequon WI 53092 Chris Nonn 803 Adler Rd Marshfield WI 54449 Peter Nordgren 22140 Old Highway 13 Cornucopia WI 54827 Russell Novkov 602 Sawyer Ter Apt 308 Madison WI 53705 Michael O'Brien 14414 Braun Rd Sturtevant WI 53177 Katharine Odell 1415 Vilas Ave Madison WI 53711

conservationvoters.org • 608-661-0845 • 133. S. Butler St., Madison, WI 53703 Samual Odin 4020 E Fitzsimmons Rd Oak Creek WI 53154 Herb Oechler 8220 Harwood Ave Apt 138 Wauwatosa WI 53213 Judy Ogren N1293 County Road A Maiden Rock WI 54750 Patrick Ohearn 4293 Nicolet Dr Green Bay WI 54311 Marjorie Okeefe 3746 County Road P Oxford WI 53952 Corey E. Olsen W334S724 Cushing Park Rd Delafield WI 53018 Barb Olson 221 Glacier Dr Madison WI 53705 Cindie Olson 1927 Missouri Ave Superior WI 54880 Sondra Olson W11322 Schultz Dr Beaver Dam WI 53916 Diane Olson Schmidt 6087 N Denmark St Milwaukee WI 53225 Winston Ostrow S4694 N Elk Run Rd Viola WI 54664 Roger Packard N7550 Roth Shore Rd Lake Mills WI 53551 Lynne Parker 1429 S Main St Fort Atkinson WI 53538 Jeff Parsons 1384 210th Ave New Richmond WI 54017 Marie Past 5511 S Shorewood Dr Eau Claire WI 54703 Mike Pesko 620 W Eau Claire St Rice Lake WI 54868 Richard Petersen 377 Brookwood Dr Hudson WI 54016 Brian Pierce 2753 Woodruff Ct Green Bay WI 54311 Pat Pire 10200 W Bluemound Rd Milwaukee WI 53226 Mary Platten 344 Columbia Ave Green Bay WI 54303 Lorrie Potash 7408 Elms Rd Sturgeon Bay WI 54235 Eve Poulin 1766 Holiday Dr Centuria WI 54824 Karen Raeder-Hang 4415 Kennedy Dr Apt 104 Racine WI 53404 Jane Ralph 28365 Lucia Rd Washburn WI 54891 Bob Ramlow 9784 County Road K Amherst WI 54406 Chris Ranson 8905 W Center St Milwaukee WI 53222 Katherine Rasmussen 169 Talmadge St Madison WI 53704 Sheila Reed 8510 Greenway Blvd Unit 303 Middleton WI 53562 Pamela Reichmann 4556 N 74th St Milwaukee WI 53218 Peter Reichmann 4556 N 74th St Milwaukee WI 53218 Dennis Reifsteck PO Box 114 Lake Delton WI 53940 Beth Rendall N1558 Wooddale Dr Lake Geneva WI 53147 David Rieckmann W3268 Buffalo Hills Rd Pardeeville WI 53954 Penny Robinson 1708 S Weimar St Appleton WI 54915 Eric Robson 318 Island Dr Apt 20 Madison WI 53705 Kathy Roby 329 New Market Ct Nekoosa WI 54457 Victor Rodriguez 4432 N Woodruff Ave Shorewood WI 53211 Steven Rogers 709 Mel ntyre Rd Cornell WI 54732 Sandra Rohde W3059 Pinecrest Ct Appleton WI 54915 Carl Rosenstock S5069 Durwards Glen Rd Baraboo WI 53913 Mike Rosing 5810 S Hill Dr Madison WI 53705 Richard Russo 6 Castlebar Ct Madison WI 53717 Richard Sanford 1508 Hillside Ln Watertown WI 53098 Jeffrey Schmid PO Box 435 Frederic WI 54837

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conservationvoters.org • 608-661-0845 • 133. S. Butler St., Madison, WI 53703 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:53AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Comment on SS 077-19 Attachments: WGF NR151 scope comments 2019-11-8 final. pdf

We are cOmmitted to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Jimmy VandenBrook Sent: Friday, November 8, 2019 4:57 PM To: DNR Administrative Rules Comments ; Weigel, Brian M- DNR Cc: Fred Clark ; Mel Vollbrecht ; Nancy Larson ; Paul Heinen ; Paul LaLiberte ; Ed Peters ; Dave and Chris Mechenich ; Kenneth Wade Subject: Comment on SS 077-19

Brian,

Please accept the attached comments on Scope Statement 077-19 related to revisions of NR 151, on behalf of Wisconsin's Green Fire.

Thank you,

Jimmy VandenBrook and Mel Vollbrecht, members Wisconsin's Green Fire Wisconsin's Green Fire Comments to Wisconsin Department of Natural Resources {DNR) on Scope Statement 077-19 for proposed revisions to rule no. WT-19-19: Targeted Performance Standards and Prohibitions to Abate Pollution of Groundwater by Nitrate in Sensitive Areas {NR 151)

November 8, 2019

Wisconsin's Green Fire believes that revisions to NR 151, Wisconsin Administrative Code, can spur improved agricultural nitrate management in key areas and start to address the most pervasive cause of unsafe drinking water in Wisconsin. Wisconsin farm producers, conservationists, and community leaders have the skills and willingness to help solve this challenging environmental problem. State government needs to provide the administrative and financial resources to allow them to meet that challenge. With direct input from the agricultural community, the NR151 revisions can provide the policy changes needed to both improve water quality and ensure a thriving farm economy.

We support the Scope Statement but offer the following specific comments with the hope of better realizing the objectives of the proposed rule.

Under Item 2. of the Scope Statement, Detailed description of the objective of the proposed rule:

• We believe the primary objective of the proposed rule should be to attain nitrate groundwater standards, and that designation of "sensitive areas" is a policy procedure to help achieve the objective. Please consider the listing of potential factors for identifying "sensitive areas" (e.g., soil permeability) under Item 3. of "new policies" in the statement to avoid unnecessarily limiting policy options.

• Available data clearly show that certain areas of the state already demonstrate the inadequacies of existing performance standards to address nitrate contamination. The first adopted targeted performance standard, related to pathogen contamination of groundwater, is in the Silurian Dolomite area of Northeast Wisconsin where well owners have pathogen contamination problems associated with manure applications despite very high rates of compliance with current nutrient management standards. In the same area, nitrate contamination of groundwater is also significant, thus demonstrating the need for a rule revision to develop effective nitrate performance standards.

wigreenfire.org PO Box 1206, Rhinelander, Wisconsin 5450 I I [email protected] I 715.203.0384 Additionally, several groundwater monitoring studies down-gradient of crop fields in the Central Sands and elsewhere in the state, have shown nitrate levels exceeding the enforcement standard by as much as 3 times or more, despite compliance with current nutrient management requirements.

• We note that performance standards may include practice modifications to address both groundwater and surface water standards for nitrate. Currently, nitrate standards for groundwater exist in NR 140 but there are no surface water criteria for nitrate. The scope statement should clarify the intent of the rule with regard to groundwater and surface water.

Under Item 3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:

• Wisconsin's drinking water standards, groundwater quality law, and rules adopted pursuant to it, are clearly policies relevant to the nitrate problem overall and to targeting improved management practices, and should be acknowledged in this scope statement. Without improved management of agricultural nitrogen, these standards will be difficult and costly, if not impossible, for communities and businesses to meet. These policies are relevant and were in part the basis for adoption of the targeted standard for Silurian dolomite.

• As drafted, the scope statement focuses heavily on soil permeability. While soil permeability is an important factor affecting nitrogen loss to groundwater, in areas of the state with heavier (less permeable) soils such as Rock County, over 30% of wells tested exceed the maximum contaminant level of 10 mg/1. Nothing in Ch 281 or NR115.0041imits the factors that can be used for targeting. The draft scope statement acknowledges other factors and may not be technically limiting. However, to encourage creative input during the rule process- and to avoid the potential for later revisions to the scope statement- additional categories of factors that affect the occurrence of nitrate in groundwater should be listed. Additional categories of factors that could be used to determine sensitive areas include but are not limited to: existing groundwater quality, health risk, nature and intensity of agriculture, and water end uses (drinking water sources, irrigation, etc.). Consideration of a broader range of factors will in particular allow use of the most easily recognized and readily mapped scientific information, making compliance easier and less costlyfor affected producers.

• In surface waters, nitrogen is a key factor in hypoxia (oxygen-starved areas that cannot support aquatic life) as well as in shifting algal communities to favor toxin producers. However, consider whether these concerns may require establishment of surface water criteria for nitrogen and related compounds.

2 • The scope statement lists some types of management practices that might be part of implementing targeted nitrate reductions. Again, to avoid limiting effective options, consider listing additional tools and specifying that the listing is not limiting. Available technical tools, such as a simple nitrogen mass balance checkbook as well as nitrogen "speedometer" tools currently under development should be considered. In addition, the scope statement should acknowledge the value of existing models for rule implementation, such as ATCP 30, which has successfully improved groundwater quality related to atrazine use by engaging and regulating all the sectors of agriculture involved in the sale, distribution, and application of atrazine to farm fields.

Under Item 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

The Department should consider whether all relevant statutory authorities have been cited in the scope statement.

• Wisconsin's groundwater quality law, chapter 160 Wisconsin Statutes, requires all agency administrative rules affecting relevant activities to set requirements so that groundwater quality standards are met. It also requires rule revisions when groundwater preventive action limits or enforcement standards are exceeded at a point of standards application by a regulated activity. In parts of Kewaunee County as well as in other agricultural settings where monitoring has been conducted, groundwater standards have been exceeded despite application of current nutrient management standards.

Under Item 6. List with description of all entities that may be affected by the proposed rules:

• The scope statement should mention entities that will be positively impacted by implementation of the rule, specifically schools as well as small businesses such as restaurants, motels, resorts, offices and manufacturing facilities that rely on wells and are required to provide safe drinking water. These entities will benefit from rule implementation through safer water and avoided costs of new wells, alternative water supplies, and loss of customer confidence where public posting of unsafe water condition is required.

• The scope statement should clarify "Users[ ... ]." The "users" are families, including infants, children and adults who drink and cook with household water supplies. The scope statement should not only acknowledge the avoided health risk and cost of water supply remedies but also the potential for reduced property value where private wells cannot provide safe water.

3 Item 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):

• The scope statement should be modified to reflect not only the cost of compliance but also the positive economic impacts on households, communities and small businesses (restaurants, resorts, offices, manufacturing plants that are public water systems) currently and projected to be affected by high nitrate levels in the source of their drinking water. Impacts would include avoided water testing, treatment or well replacement costs and reduced health care costs. Small businesses currently or projected to be affected by nitrates could avoid posting negative signs about contaminated water or purchase bottled water for customers.

Wisconsin's Green Fire asks that the DNR, along with DATCP, constructively work with the agricultural community to garner the support needed to develop an effective and practical rule that will be as fully implemented as possible. As noted in the Scope Statement, farmers will need assistance to adopt the needed agricultural practices. That will include local county staffing expertise and sufficient cost-sharing funds for farmers to have a significant and positive impact on water quality. Wisconsin's Green Fire is committed to the application of the best science and policy to improving water quality and will assist the agency to advance an effective rule.

If you have any questions feel free to contact:

Jimmy Vanden Brook, [email protected] or Mary Ellen Vollbrecht, [email protected]

4 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:53AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 8, 2019 5:13 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Lynn Thiel Address: N8485 County Road M, Ripon WI 54971 Email: [email protected]

Organization:

Comments: In 2016, my husband and I participated in a well water sampling program hosted by the Green Lake Association to test the groundwater at our home located approximately one mile south of the Rosendale Dairy. While we felt it was a good best practice to regularly test our well water, we did not believe that our drinking water posed any immediate threat to our family. After receiving the results from the UW Stevens Point (UWSP) Water and Environmental Analysis Lab, we were shocked to learn that our Nitrate levels far exceeded safe drinking water standards. According to UW Extension, Center for Watershed Science and Education, water with Nitrate levels greater than 10 mg/L should not be consumed by infants less than 6 months of age, pregnant women, or anyone long-term. Our ground water Nitrate levels came in at 22.8 mg/L. It was clear at that moment that we needed to find an alternative source for drinking water and now use a refillable 5-gallon bottle at our local grocery store. It is important to note that we discovered at a follow up presentation by UWSP that ours was not the only well to have dangerous levels of Nitrates within the watershed. This is a concerning trend that deserves our immediate attention. The Natural Resources Board needs to approve the Scope Statement signed by Governor Evers to adopt land spreading practices that will improve the quality of water we all depend on. Thank you, Lynn and Tim Thiel Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:53AM To: Smith-Loomans, Sandra J - DNR Subject: FW: nr151 testimony Attachments: nr151 testify.docx; ATT00001.htm

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Shawn Eckstein Sent: Friday, November 8, 2019 6:31 PM To: DNR Administrative Rules Comments Subject: nr151 testimony Eckstein Agronomics, LLC 15721 Lime Kiln Rd. Reedsville, WI 54230 (920) 901-0402 [email protected]

November 6, 2019 Re: NR 151 Scope Statement

To Whom It May Concem:

I am an independent crop consultant with a trade territory of eastern Calumet, southern Brown and much of Manitowoc Counties. This is an area of the state with both significant water resources and potential surface and groundwater hazards. I have worked in this profession for 29 years and my formal education is a B.S. from UWSP in Natural Resources (soils).

A significant part of my profession is writing nutrient and soil management plans. I write plans for 30 clients which amounts to approximately 20,000 acres of which 19,000 are operated by dairy operations. Collectively, these daily operations produce approximately 170 million gallons of manure. As such, I am a stakeholder in tules and legislation that effect hoth myself and my clients.

I am writing you in opposition to the proposed NR151 scope statement in regards of nitrates. This, like other recent mles, seems to be an attempt of satisfying a segment of the population (including the various agencies) pushing an agenda of creating mles for the sake of mles without having them based on sound science.

This particular scope statement is too broad in its geography in that doesn't detail what areas of the state or particular water bodies are being targeted.

The Department also has not allowed recently revised farm mnoff standards to be fully implemented as is required by law.

What's most troubling to myself, is that the Department has failed to involve the ag community in their decisions. The famling community, and in particular ag professionals like myself, not only have a vested interest in policy formation but have an in-depth understanding of the problem the policies are attempting to solve as we are in the field on a daily basis. I would argue that no one else sees as many acres first-hand and on a regular basis throughout the entire year as a crop consultant/nutrient planner.

Thank you for your time, Shawn Eckstein, CCA Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11, 2019 8:53 AM To: Smith-Loomans, Sandra J - DNR Subject: FW: NR151

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvev to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Art Sent: Friday, November 8, 2019 7:19 PM To: DNR Administrative Rules Comments Subject: NR151

To the DNR Board,

I am writing today in support of rule changes that address nitrate contamination in our water supplies. As our wells become increasingly polluted you must write regulations that limit these pollutants. Clean and safe drinking water is necessary for a healthy live and in my opinion is a right. Please do the right thing for the sake of Wisconsin and it's citizens.

Arthur E. Baseler 916 Eureka St Ripon, WI 54971 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11, 2019 8:54AM To: Smith-Loomans, Sandra J- DNR Subject: FW: In support of approval of SS-077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Adrienne Fox Sent: Friday, November 8, 2019 7:34PM To: DNR Administrative Rules Comments Subject: In support of approval of SS-077-19

I'm writing in support of the approval of SS-077-19 (Board Order WT-19-19) and asking that the DNR move forward promptly with this critical process.

I've been a resident of Vernon County between 2001 and March of 2019, and I'm now a resident of Crawford County. While living in Vernon County I ran an organic farm for 10 years. I came to witness first hand the abundance of sink holes on both organic and conventional farms. With an on site commercial kitchen, I became familiar with water testing for washing vegetables and creating value added food product. The water quality in our karst topography is important not only for Southwest Wisconsin residents, but also for the many Wisconsin and midwest citizens purchasing food from our area.

I now work for Second Nature at Reads Creek Nursery, where a class A trout stream runs through the property. Trout Unlimited brings students to teach fishing, and tourists come from all over the midwest to enjoy the sport on our land and other streams within the Driftless area. The health of the fish is dependent on good water quality. As our nursery raises and sells trees, shrubs, and perennials, the health of our plants is dependent on good water quality.

We need to insure protection of our fragile Southwest Wisconsin geological watershed. It's not an option not to--all life drinks to survive, right? Thank you for taking care of the obvious with focus and efficiency.

Sincerely, Adrienne Fox 43188 Guthrie Road Gays Mills, WI 54631 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:54AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Administrative Rules Comments - Nov 7, 2019

We are commltted to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Raven Sent: Friday, November 8, 2019 8:40 PM To: DNR Administrative Rules Comments Subject: Administrative Rules Comments- Nov 7, 2019

Comments- Administrative Rules Review NR151 UW-Oshkosh, FDL Campus We Support the Scope Statement

I came here today to speak for my family- but also for my rural community and the citizens who formed our grassroots group, PEPL of Rosendale. (People Empowered Protect the Land)

Perhaps every one who attends a public hearing should arrive with a child - reminding us of our responsibility to preserve what has always been essential to the land -water safe to drink and water sufficient to sustain life. ·

I'm very concerned at the lack of urgency I see over the consequences of spreading too much toxic manure on too little land. It's clear to me that we need some major changes to outdated rules that clearly tip the scales in favor of industrial ag.

I'd like to remind everyone that our former run-off chief at the Department of Natural Resources predicted a few years ago that it is just a matter of time before we have large scale contamination of our groundwater.

In 2008, a proposed CAFO that would become one of the largest in the state, began construction in the Town of Rosendale, even before the DNR had issued final building permits. They claimed statutory approval. The operation was built in an area of Karst sinkholes, wetlands, and a high water table. Despite assurances. we did not believe that either Best Management Practices or Odor Plans were going to protect our rural community. In the absence of our state agency enforcing those "stringent rules and regulations", the citizens worked overtime to identify drain tiles. monitor manure spreading, and document violations.

When Phase II of the CAFO's plan was completed, and the spreading of 100 million gallons of manure from 8,000 cows followed, health problems began to arise in our community. Some of my neighbors described new symptoms of asthma, migraines, and chronic stress.

In 2016, one family living south of the CAFO reported they could no longer drink their water. Their nitrate level was 22.8. To the north, neighbors tell me the nitrate level continues to rise each time they have their water tested. Down the road from us, the family started drinking bottled water shortly after the CAFO was built. Clearly, Nutrient Management Practices have failed to protect the people from contamination of their drinking water.

Five years ago, in a contested case hearing, Administrative Law Judge Jeffrey Boldt confirmed that the widespread contamination of private wells in Kewaunee "represents a massive regulatory failure to protect groundwater".

We need a DNR staff that is fully funded and has the means to carry out their job. Wisconsin's natural resources belong to the people. It is the duty of the DNR to protect fragile ecosystems and to respect the finite nature of our groundwater.

The precautionary principle needs to direct administrative rules. Precaution represents long-term commitment to prevent irreversible rape of the land and the costly consequences.

Please take the time to understand the profound implications if no action is taken following these hearings. Our current system of food production is only serving the giants of agriculture. I feel the land itself deserves equal dominion.

Thank you for listening to my comments.

Elaine and Severin Swanson People Empowered Protect the Land (PEPL) of Rosendale W10732 Triangle Road Pickett, WI 54964 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:54AM To: Smith-Loomans, Sandra J- DNR Subject: FW: Proposed Revision of N R151

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

From: kathleen hones Sent: Friday, November 8, 2019 8:45 PM To: DNR Administrative Rules Comments Subject: Proposed Revision of NR151

Living in rural Wisconsin, surrounded by farm fields and close to the Rosendale Dairy and its need to spread manure, I'm concerned for the health of the rural Wisconsin ground water. I see manure tankers traveling west towards the Green Lake area and north toward the Rush Lake and Omro area. I'm concerned for the health of my own well water and that of my neighbors. For my family and myself and even for areas livestock, the quality of the water we all drink from our rural well is crucial to good health.

The DNR must continue to progress towards limiting pollution impact on the state's water. The DNR board must begin the rule making process of expansion of NR151. It is the right thing to do. Your children's children will be proud of your stewardship, vision and courage for the protection of the greatest life force of Wisconsin.

Respectfully, Kathleen Hones N8703 County RD E Ripon, WI 54971 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:54AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on 55 077-19

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: [email protected] Sent: Friday, November 8, 2019 8:55 PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on 55 077-19

Name: Xin Ma Address: 7900 Buckeye Crescent, Cincinnati OH 45243 Email: [email protected]

Organization:

Comments: Comments for public hearing related to DNR 55 077-19 Scope Statement, Natural Resources Board (NRB) order number WT-19-19, relative to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

To: Brian Weigel, Department of Natural Resources, and the Natural Resources Board

Mr. Weigel and the Natural Resource Board,

Thanks for the opportunity to provide the comments on the Statement of Scope SS-77-19. It is definitely laudable action that the state realizes the need for targeted performance standard instead of one-size-fit-for-all statewide performance standards. Hopefully this action will result in improved water quality in Wisconsin and its downstream states.

1) Strongly encourage the state to carefully explore the definition of "sensitive area". The current proposed criteria by "soil permeability" is merely not sufficient (details below). What is sensitive area? Based on the potential cause or potential result/outcome? 2) Should employ holistic approach to address nutrient issue, taking into account the environmental impacts, the economic burden that are paid by the business and externality cost that the local communities or society in large have to pay. 3) Strongly urge to allow iterative process to reevaluate the rule every five years and see whether it is effective or not and where it can be improved, instead of setting in stone without knowing if water quality is indeed improved or not. The detail comments are as follow:

2. Detailed description of the objective of the proposed rule:

The definition of sensitive areas based SOLELY on soil permeability may not reflect the reality and capture the entire risk in sensitive areas. High permeable soil such as the karst formation in the southwest driftless area does prone to have contamination in sandstone aquifers. However, soil permeability can be influenced by the vegetation cover, the root biomass, constant plowing and cropping, and etc. For example, US EPA study has shown that as landfill lining material clay soil permeability substantially increases when exposed to organic acids. Chlorinated solvents have known to disintegrate clay particles, too. The objective of the proposed rule is not entirely clear. How will the modification to the performance standard achieve better water quality? Will the sensitive area be subject to the same nitrate exposure or less than the non-sensitive area? These modifications (NMPs, application rate of manure or fertilizer, etc.) do not automatically guarantee less nitrate in water ways. They provide flexibility how to. However, more stringent rules are needed to achieve less nutrient issues in sensitive areas.

3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:

Nitrate is indeed the most widespread groundwater contaminant in Wisconsin. It is commendable that the state recognizes the statewide standards are not sufficient to achieve in all areas. Nutrient application on agricultural fields accounts for 90% of nitrate in groundwater, especially after flooding in manure spread field. Nutrients either end up in groundwater or surface water. Highly permeable soils are not the only vulnerable feature for nitrate contamination, impermeable areas too. Also, when flush flooding occurs and the ground (whether permeable or impermeable) is saturated, manure spread and its runoff ends up in the rivers and streams and downstream groundwater. The climate change-induced increased flooding creates sensitive areas that are prone to nutrient pollution. The driftless areas in southwest Wisconsin has its unique topography and steep hills with gradients of 3-23 feet per mile. N02-+N03- and orthophosphate loads in normal flow condition are lower than those in storm flow condition due to heavy runoff from fertilizer or manure applied agricultural fields.

8. Anticipated econpmic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):

The economic impact should also include the economic cost of nutrient pollution, the human health impact of "blue baby blue baby syndrome", birth defects, thyroid problems, and certain kinds of cancer; the loss of fish species and the impact to local sport fishery; the loss of recreational revenue; the liability for downstream fishery, water quality, etc.

I wholeheartly support the targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas. I hope my comments will help improve the scope and the rule making, and eventually help protect the natural resource we have in Wisconsin. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:54AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Opposed to NR 151 Scope Statement on Nitrates in Groundwater

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From: Robert Mickelson Sent: Friday, November 8, 2019 8:56 PM To: DNR Administrative Rules Comments Subject: Opposed to NR 151 Scope Statement on Nitrates in Groundwater

Wisconsin Department of Natural Resources Board Members:

My name is Robert Mickelson and I live in Fall River, Wisconsin. I am an agronomic consultant to farmers in south central Wisconsin. Among other things, I work with farmers on manure and fertilizer management, and have been writing Nutrient Management Plans in Wisconsin since 1995. I have had Certified Crop Advisor status with the American Society of Agronomy also since then. I am regularly on-farm with my clients, helping them address their manure management so as to limit any ill effects on the environment, including water quality.

I am opposed to the NR151 Scope Statement on Nitrates for the following reasons:

1) the scope statement does not state which parts of the state or which bodies of water have excess nitrate in groundwater issues, and thus does not state the areas that this "targeted" perfmmance standard is targeting.

2) DNR has not shown that existing farm runoff standards have been substantially implemented (and are thus not working).

3) DNR has not invited the agricultural community to inform and provide input on the workings of farms and how to achieve better water quality for Wisconsin.

Agriculture has a part to play concerning nitrates in groundwater, however so do many others, such as those with septic systems, municipal sewer systems, municipal stmmwater runoff, as well as natural nitrates in the soil ecosystem. Agriculture should not bear the brunt of blame for a perceived problem that this scope statement seeks to address.

Cordially, Robert Mickelson 126 Hilltop Drive Fall River, Wisconsin Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:54AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Comments on SS 077-19- NR 151 Attachments: 2019-11-08 WFU Comments on NR 151 Scope Statement. pdf

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Emma G. Esch Phone: (608) 266-1959 [email protected]

From: Kara O'Connor Sent: Friday, November 8, 2019 8:58 PM To: DNR Administrative Rules Comments Subject: Comments on SS 077-19- NR 151

Greetings, please find attached Wisconsin Farmers Union's comments in support of the NR 151 Statement of Scope.

Best regards, Kara O'Connor Government Relations Director, Wisconsin Farmers Union mobile: 608-51.4-4541 [email protected] www.wisconsinfarmersunion.com ~Wisconsin Farmers Union UN!TIDTO GROW fAMilY t\GRICIH.Tll!U:

Date: November 8, 2019 To: Department of Natural Resources From: Kara O'Connor, Government Relations Director, Wisconsin Farmers Union 608-514-4541/[email protected] Re: SS 077-19: proposed Statement of Scope for revisions to NR 151, Targeted Performance Standards and Prohibitions to abate pollution of groundwater by nitrate in sensitive areas

Wisconsin Farmers Union appreciates this opportunity to comment on the proposed Statement of Scope for revisions to NR 151, Targeted Performance Standards and Prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

Wisconsin Farmers Union acknowledges the widespread problem of nitrate contamination from nonpoint sources in Wisconsin's groundwater. Because Wisconsin Farmers Union members rely on groundwater for their household water supply, for watering livestock, irrigating crops, washing produce, and producing value-added food and beverages, and for serving guests and visitors at agri-tourism enterprises, Wisconsin Farmers Union suppmts the DNR's effmts to evaluate whether additional targeted performance standards are needed to protect groundwater quality in areas of the state in addition to the Silurian dolomite regions of Eastern Wisconsin.

Wisconsin Farmers Union urges the importance of a broad cross-section of agricultural stakeholders being invited to participate in stakeholder meetings that are held as part of the NR 151 process. In particular, farm groups that research and promote rotational grazing, and groups with a significant number of members who make use of grazing techniques on their farms such as Wisconsin Farmers Union, are essential to the conversation. Grazing has been shown to improve both a farm's soil and water quality, as well as the farm's economic viability. Broadly speaking, any new performance standards that are developed by the DNR should have the effect of promoting rotational grazing rather than discouraging it.

In addition, it is essential that any new performance standards are tailored in such a way as to not place an undue burden on small and medium-sized farms with limited acreage. Care must be taken to provide appropriate exemptions in the case that new performance standards would create an undue hardship --for example, in the case where manure spreading restrictions would apply to all or nearly all of a farm's acreage.

Thank you again for the opportunity to voice suppmt for the NR 151 Statement of Scope. Wisconsin Farmers Union looks forward to sharing the insights of our members as the rulemaking process moves forward.

117 West Spring St. • Chippewa Falls, WI 54729 • Phone: 715-723-5561 or 800-272-5531 • Fax: 715-723-7011 Email: [email protected] • Website: WNIN.wisconsinfarmersunion.com Madison Office: 108 S. Webster St. Suite 201 ·Madison, Wl53703 • Phone: 608-514-4541 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:55AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Public comment on SS 077-19

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-----Original Message----- From: [email protected] Sent: Friday, November 8, 2019 9:56PM To: DNR Administrative Rules Comments Cc: [email protected] Subject: Public comment on SS 077-19

Name: Aaron Colson Address: 7900 Buckeye Crescent, Cincinnati OH 45243 Email: [email protected]

Organization:

Comments: TO: Brian Weigel, Department of Natural Resources The Natural Resources Board

From: Aaron Colson

RE: Comment on DNR SS 077-19 Scope Statement, Natural Resources Board (NRB) order number WT-19-19, relative to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas

Dear Mr. Weigel and the natural resource board,

First, thank you for the opportunity to comment on the proposed statement of scope. It is important to emphasize that the sensitive areas include the fractured permeable bedrocks in the driftless area in Southwest Wisconsin. The well water largely comes from sandstone aquifer.

Nitrate is a big issue in the rural areas because majority of the nitrate contamination comes from agricultural run-off, especially after manure applied field. CAFO type of operations is a major stressor to the water quality in the region. Besides the limited land to spread the manure generated, nitrate, antibiotics, endocrine disrupting chemical (EDC) etc are all contaminants often found in rural groundwater. It is important to address the vulnerability of the driftless area and make targeted performance standards to make sure the water quality in these sensitive areas is protected. I applaud the state efforts to improve the ruling to address nitrate issue in sensitive areas. Thanks for your consideration. Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:55AM To: Smith-Loomans, Sandra J - DNR Subject: FW: NR 151 Scope Statement Comments

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From: Todd Schaumberg Sent: Friday, November 8, 2019 10:25 PM To: DNR Administrative Rules Comments Subject: NR 151 Scope Statement Comments

To whom it may concern,

My name is Todd Schaumberg with Tilth Agronomy and I work as a crop consultant.

Tilth Agronomy works with many farms throughout the state writing Nutrient Management Plans (NMP). As Certified Crop Advisors we are qualified to write plans using the many water quality practices and current standards that already address water quality and nitrogen. ·I was a member of the NMP rewrite committee for the 590 rule that took effect in December 2015. Many of the changes to that rule focused on permeable soils and applications of nitrogen. The 2015 590 rewrite already contains rules in place that address all the 4Rs of Nitrogen management (i.e. Placement, Rate, Timing, and Source). These rules need time to take effect and more effort is needed getting farmers to implement the current rules as only approx. 35% of farmers have NMPs.

I am writing to testify in opposition to the proposed NR 151 scope statement for nitrates. This scope statement has not identified a particular impaired waterbody or region in the state that is showing groundwater impairment. What land base or areas of Wisconsin is this targeted performance standard specifically addressing? The scope statement says groundwater quality information may be used to define sensitive areas. This information can be greatly affected by other sources of nitrogen and is not necessarily all influenced by agriculture.

The Department has not provided us with any information showing that they have substantially implemented the existing farm runoff standards that exist under current law. The law requires the Department to show that current standards have been implemented.

I ask that the Department please engage agricultural stakeholders, these people will be greatly affected by any rule changes.

Thank you for reading my comments, Todd Schaumberg Tilth Agronomy Group 225 S Main Street Seymour, WI 54165 Smith-Loomans, Sandra J - DNR

From: DNR Administrative Rules Comments Sent: Monday, November 11,2019 8:55AM To: Smith-Loomans, Sandra J - DNR Subject: FW: Expanding protection for sensitive areas in Wisconsin

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Emma G. Esch Phone: (608) 266-1959 [email protected]

-----Original Message----- From: Jill Hurwitz Sent: Saturday, November 9, 2019 12:02 AM To: DNR Administrative Rules Comments Cc: Forest Jahnke Subject: Expanding protection for sensitive areas in Wisconsin

To Brian Weigel, DNR

At this crucial time in Wisconsin I'm sure you realize the necessity of protecting the sensitive areas from the irrevocable pollution caused by CAFO's. Our farm in the Driftless Area would be directly affected by the 2 proposed hog CAFO's in Steuben, and the damaging runoff would cause irreversible harm to the watersupply.

Please approve and implement SS-077-19 and any other possible protection to this sensitive area!

Sincerely,

Jill Hurwitz

Jill Hurwitz I [email protected] 847-902-7823

Jill

Jill Hurwitz I [email protected] jillpotter.wix.comljillhurwitz VIA EMAIL TO: [email protected]

November 4, 2019

Members of the Natural Resources Board Office of the Secretary POBox 7921 Madison WI 53707-7921

RE: Joint Written Comments on Statement of Scope for Board Order WT-19-19, relating to proposed rules affecting chapters NR 151 and 243, targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas

Dear Natural Resources Board Members:

On behalf of each of the undersigned Wisconsin farm and agribusiness organizations, we write to comment on the Scope Statement for Board Order WT-19-19, relating to proposed rules affecting chapters NR 151 and 243, related to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas. We write to ask you to deny the Department's request to approve this Scope Statement.

First, this scope statement fails to meet the statutory criteria to open Wis. Admin. Code. s. NR 151 in order to promulgate a targeted performance standard. The Department has failed to define a waterbody, waterbodies, or particular region where there has been substantial implementation of statewide water quality standards and, despite that implementation, either surface water quality or groundwater quality standards are not being met. See NR 151.004. The Department has failed to show, through the presentation of any actual data, monitoring or modeling that substantial implementation of the current statewide standards will fail to meet groundwater or surface water quality standards. See NR 151.004. Until and unless this is clearly established by the Department, the statutory trigger for reopening NR 151 has not been met and this rulemaking cannot commence. The Scope Statement itself admits as much indicating that a part of the rulemaking process will be to define where these targeted performance standards are needed by the use of maps and modeling. Members of the Natural Resources Board November 4, 2019

But NR 151.004 requires that identification of a "specific waterbody or area" that will not attain standards following full implementation of the statewide standards is a predicate step.

Second, the Department has not met its own precedent for the type of stakeholder outreach and scientific analysis that has been the basis of the development of a previous Scope Statement leading to targeted performance standard for agricultural non point sources. Interestingly, in this Scope Statement, the Department points to the 2018 revision ofNR 151 as a precedent for this proposed rule revision. However, when the Scope Statement for the 2018 targeted performance standard to address the application of liquid manure over Silurian dolomite bedrock in a specific region in Wisconsin was originally put fmth, the Department had already spent years meeting with stakeholders, gathering data and reviewing scientific recommendations related to the problem. Specifically, in the 2016 Scope Statement for Board Order WT-15-16, the Department writes,

"The department has been meeting in work groups with stakeholders and federal, state and local agencies to address these concerns since August 2015. The work groups have developed a series of recommendations regarding policies and practices for targeted areas to better address these concerns. In addition, the depattment has been conducting a research study of the wells in Kewaunee county to obtain additional scientific information and data that will assist in the development of recommendations and proposed practices."

In contrast and to the best of our knowledge, the Department has not met with one agricultural or farm stakeholder group concerning this topic; has not attempted to address nitrate concerns in either surface water or groundwater using implementation of existing standards; has not conducted and is not conducting a research study in any wells (groundwater) or waterbodies (surface waters) in any particular region or regions of the state related to nitrates; and, therefore, the Department has not obtained any concrete scientific information that would assist the Department with the development of this targeted performance standard. Rather, it appears that the Department has concluded that a new agricultural performance standard is needed but is neither sure whether it is needed for smface water or for groundwater, nor is the Department clear where it might be needed.

Finally, by moving to the development and implementation of a targeted performance standard for nitrates for groundwater OR surface water, as the Scope Statement suggests, the Department is abandoning the original intent of the statutes and rules that comprise Wisconsin's nonpoint source pollution program. More directly, the State of Wisconsin needs to focus on implementing the current standards on Wisconsin farms before suggesting that new standards are needed. We believe that more direct, tangible improvements to surface and groundwater quality in Wisconsin could be achieved if the significant time, money and other resources estimated by the Department to be required to develop this new regulation were instead devoted to the implementation of nonpoint source pollution abatement practices on more Wisconsin farms.

Despite our legal and procedural concerns with the Scope Statement, please understand that every farm and agribusiness group listed below is committed to working to ensure that clean drinking water and clean surface water are available across the State of Wisconsin. Our farmers live, raise

2 Members of the Natural Resources Board November4, 2019

their families, raise their animals and make a living on the farms that you are targeting for additional regulation. We have the most at stake in any discussion about water quality in Wisconsin. As such, we would appreciate the opportunity to work with the Department on the substantial implementation of the existing standards across Wisconsin and on futther scientific study of waterbodies or regions where the implementation of existing standards appears to be falling shott. At this time, it is not clear that Wisconsin needs a new regulation. Rather, it is clear that we need a commitment from the State to substantially implement the existing nonpoint standards.

Thank you for considering our comments.

Sincerely,

Dairy Business Association Wisconsin Association of Professional Agricultural Consultants Wisconsin Cattlemen's Association Wisconsin Corn Growers Association Wisconsin Dairy Alliance Wisconsin Farm Bureau Federation Wisconsin Manufacturers & Commerce Wisconsin Pork Association Wisconsin Potato & Vegetable Growers Association Wisconsin Soybean Association

3 September 20, 2Q19

Natural Resources Board cjo Laurie Ross PO Box 7921 Madison WI 53707-7921 Via email

Dear Natural Resources Board members:

We write to urge you to move forward on the process for considering WT-19-19, proposed rules affecting chapters NR 151 and NR 243, related to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

This rule-mal

Our groups have been vocal advocates for statewide nitrate guidelines that protect public health. We supported similar effort to enact targeted performance standards under NR 151 for Northeast Wisconsin in 2018, and greatly appreciated the Natural Resource Board's 7-0 vote to approve those rules. This new effort is the logical next step to continue the Department of Natural Resource's efforts to curb polluted drinking water.

Nitrate pollution In drinking water poses serious health risks. Blue baby syndrome and central nervous system birth defects are potentially fatal risks of exposure to nitrates for fetuses or young children. For adults, an increased risk of thyroid disease and colorectal cancer has been associated with high nitrate exposure.

Awareness of nitrate pollution around Wisconsin has been growing. In January,' results from the Southwest Wisconsin Groundwater & Geology (SWIGG) study found high rates of nitrate pollution in private wells in Grant, Iowa, and Lafayette Counties, prompting Assembly SpeakerRobin Vos to convene a bipartisan Water Quality Task Force. High levels of nitrate pollution have also been reported in private wells in Juneau, Wood, Rock, and La Crosse Counties. The Water Quality Task Force just finished 13 public hearings around the state and heard a strong cry for more protections from nitrate pollution at nearly every one. To ignore those pleas would leave citizens very frustrated and questioning the whole process.

We are pleased DNR's process for the NR 151/NR 243 established a clear science-based approach for identifying areas of the state where targeted performance standards for nitrates could be warranted. This is a measured and necessary approach to a huge problem for the health of rural Wisconsinites.

While we feel this hearing requested by the Joint Committee for Review of Administrative rules is a burdensome delay on the process, we understand in order to proceed, the October gth hearing is the most expedient way to accomplish that request. This is just the first step In a multi-year rule-making process, which will engage stal

Please move forward without delay so that we can begin to assure the people of Wisconsin who cannot drink their water their government is working on solutions.

Thanks for your consideration.

Amber Meyer Smith Clean Wisconsin

Jennifer Giegerich Wisconsin Conservation Voters

Allison Werner River Alliance of Wisconsin

George Meyer Wisconsin Wildlife Federation

Mike Engelson Wisconsin Lakes

Rob Lee Midwest Environmental Advocates Scope Statements SS-077-19, Rule# WT-19-19

Re: Sensitive Area rule making for run off management

The karstic geology of SW Wisconsin with the cracked rock below the soils can easily allow pollutants into our sand aquifer. And once polluted, our water is polluted forever.

In addition to geological sensitivity, much of the SW Wisconsin topography is also won derfully stunning, with steep slopes, rock outcroppings, high terrain with thin soils, and wide to very narrow valleys.

The extreme weather events we now have annually, dropping 2-8" and more of rain in short time periods, leads to devastating flooding and severe erosion. Creeks and rivers are polluted over and over from this runoff of soil, fertilizers, manure, and agricultural chemicals. The management requirements and suggestions no longer match the level of stream banks eroded and resulting flooded fields. We need larger buffers along creeks and rivers, wider grass or prairie strips in dips in fields, and perennial crops on slopes and in areas repeatedly flooded. The data used to determine agricultural prac tices are no longer accurate to the realities of our region.

Please consider terrain and extreme weather events as well as geology in determining sensitive area special management practices.

Thank you for considering my comments.

Respectfully,

Edie Ehlert Ferryville, WI Crawford County Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Tuesday, December 03, 2019 9:07 AM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 comment re 2D NR 151 - Drath

From: Virginia Drath Sent: Friday, November 8, 2019 10:51 PM To: Ross, Laurie J ‐ DNR Subject: Revisions to NR151

I did testify at the hearing November 4, 2019 at Hancock, Wisconsin, and it was recorded. My background is that I am a retired dairy farmer and retired nurse. I became more concerned about ground water and air quality issues when the CAFO Emerald Sky Dairy, which is 1 ½ miles from me, planned to expand their dairy herd to 8804 animal units. Folks in my township were already talking about brown water coming from their faucets and not being able to drink their own well water. Our town hall which sits right across from Emerald Sky Dairy has seen their nitrates rise from 6.9 ppm (in 2007) to 33 ppm (in2018). Two other town halls in our county have high nitrate levels also . These are public places, 4H meetings , Farmers Union meeting and other groups use these facilities. Our town hall of Emerald recently installed a Reverse Osmosis system to the drinking fountain only, and that cost our town $1,900 plus installation. We still can’t make coffee from the kitchen faucets at the town hall.

The past 5 years I have gone to 9 different counties and listened to 11 hearings given either by DNR, the County itself or by a CAFO owner or their engineer that want to build or expand. I’ve heard all about “State of the Art” equipment that won’t fail, and how diligent they self monitor, yet we read 3‐4 times a year about spills of manure. Emerald Sky Dairy had a massive spill in 2016 that wasn’t reported for over 90 days. I’ve heard about all the regulations that they already have and claim they are so “burdensome”. I’ve looked into the faces of some of the folks in my township when they tell me they have to buy bottled water just to live! In my mind, that is burdensome. At all the hearings, the public comments are the same, concerns about their water, air quality , property values, grandchildrens future in the rural area. I have witnessed manure pooling 25 feet from the deck of a neighbors house and less than 100 feet from her well. In my mind if the current regulations had protected our water, air and environment as they were intended, there would not be a reason for us to be going to these special hearings. I did testify at the Vos Water Task Force and two of the DATCAP meetings.

My faucets say “Hot” and “Cold” not republican or democrat! Water should not be a commodity!

I’m asking that you do all you can to move forward with NR151 and 243. And what is in the Scope is just a minimum of what protections should be. And, most importantly, NR151 and 243 should include Saint Croix County and Polk County, Pierce and Pepin Counties as well because if you look at your own Groundwater Contamination Susceptibility maps you will see, according to science, we are standing on Karst Geology and should be under the same rules as the east and southwestern areas of Wisconsin. “What about Us”.

Thank You for this opportunity.

Virginia J. Drath 1541 County Road O Emerald , Wisconsin 54013‐7923 Saint Croix County Sent from Mail for Windows 10

2 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Tuesday, December 03, 2019 8:39 AM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 comment re 2D NR 151 - Dupre Attachments: Final documents.pdf

From: Kim Dupre Sent: Monday, December 2, 2019 5:40 PM To: Ross, Laurie J ‐ DNR Subject: Comments related to DNR Statement of Scope SS‐77‐19

Laurie, please pass these comments along to the Natural Resources Board:

Comments related to DNR Statement of Scope SS-77-19, relative to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

I am commenting to share my story (and others') from Emerald, WI in St. Croix County on how nitrate and E.coli in our well water (groundwater) has affected us.

Most of St. Croix County has a karst topography. I first ask that ALL karst topographies in Wisconsin be included in the “sensitive area” definition.....not just those on the eastern or southern part of the state.

Since the arrival of Emerald Sky Dairy in 2001, area residents have noticed their nitrates increasing. For over 15 of my 20 years in Emerald, I lived 1.5 miles from Emerald Sky Dairy. I heard from several of my neighbors how their well water tests were showing increasing levels of nitrates.....up to 12, 17, 25 ppm. These neighbors lived within my square mile – nearly half of those folks had nitrate contaminated wells. Nearly all of them could not afford to drill a new well (~$10,000-$20,000 each) and the one neighbor who did drill a new well to sell his property, still had nitrates of 17 ppm at 200 feet deep!

Our Town Hall building in Emerald had an even worse experience...... a new building and well were built in 2007 right across the road from Emerald Sky Dairy. The nitrates in that new well at the time registered at 6.9 ppm – while elevated, still under the 10 ppm public health standard. However, by 2018, more frequent water tests were showing nitrates registering regularly from 17 to 33 ppm. St. Croix County's Public Health Department posted “Do not drink water” notices in the Emerald Town Hall. Finally, earlier this year, the Town Hall installed a Reverse Osmosis system.

1 I had several contacts via phone and email with the Water Quality division at DNR out of Eau Claire and Madison. While I was always told “Thanks for letting us know.....and for your efforts to get your neighbors to test their water” - no action of any kind by State authorities was taken beyond that correspondence to my knowledge.

Then.....a worst case scenario happened.

In March 2017, an anonymous tip led to the discovery of a massive manure spill at Emerald Sky Dairy. It took two years for the DNR to respond to my open records request as to the details of what had happened: • 275,000 gallon manure spill into wetlands and storm water pond • Unreported by owners for 90+ days; anonymous tip led authorities to spill • Cleanup entailed 3,455 tons of manure solids & 8 million gallons of storm water pond • E.coli readings from the storm water pond and downstream were 8-10x higher than when DNR closes beaches.

The scariest part of this story was in June 2017 (before we knew details of the extent of this spill), a cluster of homes downstream from that spill found E.coli in wells after cleanup was mostly finished. Another Open Records Request from DNR revealed one of the affected homeowners (a local plumber by trade) had visiting adult children who became curiously ill one weekend. When they tested their well water to “rule it out” - they found E.coli contamination even though their water didn't smell, taste or look any different. They did the neighborly thing and offered to test their neighbors' wells and reported that to DNR as about half of the homes tested also had E.coli contamination. This original homeowner, being a local plumber, had religiously tested their well water every year for 20 years and NEVER had a problem with E.coli contamination until June 2017.

However, when local DNR water quality staff reported these findings, DNR-Madison refused to do advanced testing to verify the contamination source....it “didn't fit their protocol.”

No notification by the State to other neighbors of this cluster of well contamination.....just “put some bleach down your well and let us know if you have problems again.” One neighbor was pregnant and another neighbor undergoing cancer treatments at that time. These folks (& others like them) had no notification of this June 2017 event from the State (just the notice from informed neighbors well after the fact) and thus could not even choose to protect themselves and their families by utilizing bottled water for a time. No guidance was given by the State as to who else might be affected or for how long. Unacceptable! If this were a municipal water system of any size...... it would have been “hair on fire” time – “boil water” or other “do not drink the water” notices would have been spread to any possible innocent bystander via radio, TV, fliers, door to door, etc. That did not happen for us in Emerald when our groundwater was contaminated with E.coli. Regardless of what the source really was....we needed to know how and when to protect ourselves. To withhold that information was beyond negligent! And then to learn, two years later, that E.coli readings from that spill had registered 8-10x higher than when DNR closes a beach....highly suspicious and unfathomable that DNR would take such a lackadaisical attitude toward well contamination in our area!

Then to add insult to injury.....two years later....we learned the penalty assessed to Emerald Sky Dairy for this spill was only $80,000..... for a producer with 20,000 cows in 3 states. The Civil Complaint filed by the State of Wisconsin in May 2019 revealed the fines could have exceeded $1 million. But that is what a good Madison lawyer can do for industrial producers – reduce liabilities by 95%.

2 And.....due to “Right to Farm” laws in Wisconsin, neighbors have no legal recourse to get justice or ensure accountability for such a negligent, egregious act.

We need these NR151 rules to apply to all “sensitive areas” of the State...... people matter regardless of where they live.....their families matter. We also need the State to fulfill their obligation to protect public health from those industrial producers who disregard their neighbors in such a blatant manner.

Thus, when my husband and I needed to expand our home and business, we felt so vulnerable to losing our lifetime of investment into our property, we relocated not just out of Emerald, but completely out of the State of Wisconsin. All because we had no control over an industrial producer's actions and how much damage they could inflict on us and it seemed the State of Wisconsin turned a blind eye toward industrial producers. While I understand producers need a “level of certainty” - homeowners and small business also need a “level of certainty” in their finances.

I love the cream in my coffee every morning, but I need clean drinking water to make that coffee in the first place.

Thank you for your consideration. Attached are the court documents from the Civil Complaint and Settlement concerning Emerald Sky Dairy's spill in March 2017.

Kim Dupre Former resident of Emerald, WI for 20 years Currently at 17835 Norell Ave N, Marine on St. Croix, MN 55047

3 Gilbertson, Mike - DNR

From: Erin Liva Sent: Friday, November 08, 2019 8:31 AM To: Weigel, Brian M - DNR Subject: CAFO Project

Mr. Weigel, I am proud of Wisconsin for recognizing the need for targeted standards over Silurian dolomite in eastern Wisconsin as it is the state's responsibility to assure that permits do not harm others basic rights.. Now we need the state to look towards the southwest part of the state.

As you know it was clearly demonstrated in karstic eastern Wisconsin that the current standards do not protect groundwater or surface water.

There is also sufficient information to know that there are too many who already should not drink their water.

We expect action to protect our water before we are in a drinking water crisis.

The scope statements, SS-077-19 (Board Order WT-19-19), should be approved as they are and the DNR should move forward promptly with this critical and lengthy process.

Best Regards, Erin Liva

1 Gilbertson, Mike - DNR

From: Edie Ehlert Sent: Tuesday, November 05, 2019 7:10 AM To: Weigel, Brian M - DNR Subject: Comments: SS-077-19, WT-19-19 Attachments: Sensitive Area Management.docx

Dear Brian Weigel,

Please include my attached comments on Sensitive Management Areas in SW Wisconsin.

Thank you,

Edie Ehlert Ferryville, WI (Crawford County)

1 Gilbertson, Mike - DNR

From: [email protected] Sent: Wednesday, November 06, 2019 5:36 PM To: DNR Administrative Rules Comments; Weigel, Brian M - DNR Subject: developing targeted performance standards for sensitive areas

Dear Natural Resources Board;

I write supporting science‐based protections for southwest Wisconsin karst and the Lower Wisconsin Riverway. I would first like to thank the state for recognizing the need for targeted standards specific to Silurian dolomite formations in eastern Wisconsin. It has been clearly demonstrated in karstic eastern Wisconsin that the current standards do not protect groundwater or surface water. Please realize that these same considerations and expanded protections for southwest Wisconsin’s karstic formations need to be considered. There are certainly sufficient studies and information showing that water in our area is as susceptible ‐ if not more so ‐ than in eastern Wisconsin. We too have shallow soils underlaid by soluble dolomitic rock with substantia voids that mix surface and subsurface waters very rapidly. It is my and other’s opinion that the precautionary principle ought to be applied. We cannot correct a groundwater contamination problem in our area. The water moves even more slowly through our ground water than it does in southeast Wisconsin. It moves too slowly to actually “flush” the contaminates through and out. Once contaminated, our ground water will remain so for centuries. We can only protect against catastrophic contamination proactively. Nothing can be done once manure or other contaminates enter our karstic groundwater. Please, the state needs to apply the precautionary principal and protect the water in southwest Wisconsin. It is the state's responsibility to assure us that the practices it permits are not harming our basic rights. We need stricter standards for our exceptionally sensitive area. Please: the scope statements, SS‐077‐19 (Board Order WT‐19‐19), should be approved as they are and the DNR should move forward promptly with this critical and lengthy process. Our health and the future health of our children depend on your actions.

Sincerely, Tom Lukens Vernon County Resident and Business Owner

We encourage you to support these talking points:

‐ Applaud the state for recognizing the need for these kind of targeted standards over Silurian dolomite in eastern Wisconsin. ‐ Emphasize the precautionary principle. It is the state's responsibility to assure us that the practices it permits are not harming our basic rights. ‐ It was clearly demonstrated in karstic eastern Wisconsin that the current standards do not protect groundwater or surface water. ‐ While the science and compliance with existing standards lags in southwest Wisconsin, there are sufficient studies and information to know that water in our area is as susceptible ‐ if not more so ‐ than in eastern Wisconsin. ‐ There is also sufficient information to know that there are too many who already should not drink their water. ‐ The state has turned a blind eye to our area for too long, and we expect action to protect our water before we are in a drinking water crisis. ‐ The scope statements, SS‐077‐19 (Board Order WT‐19‐19), should be approved as they are and the DNR should move forward promptly with this critical and lengthy process.

2 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Monday, October 21, 2019 8:23 AM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: Comment re CAFO in SW Wisconsin - Rosenheim and family

From: David Rosenheim Sent: Friday, October 18, 2019 12:55 PM To: Ross, Laurie J ‐ DNR ; [email protected] Subject: CAFO in SW Wisconsin

Dear Laurie and Daniel,

My family has had a beautiful property in Steuben for nearly 50 years- since I was one- year-old. I now live most of the year in California, but my wife, two sons and I visit our Wisconsin property several times a year and it is extremely important to us. It is situated on the Kickapoo River in the Driftless area, part of the sensitive Karst geology, which is highly susceptible to nitrate contamination of its waters.

I’m extremely worried about the possibility of a hog CAFO (Concentrated Animal Feeding Operation) getting permits to put 10,000 sows within a mile of the 600 acres of land that my family owns! Specifically, the Roths and the Mitchels have stated their intention to bring in thousands of hogs. This would not only endanger the water quality of the Kickapoo River which lines our property, but the air quality and stench of such an operation would prevent us from ever coming to this beautiful land which has been in our family for half a century. It would also destroy the value of our property.

Furthermore, the waste runoff from such huge hog facilities in the sensitive Driftless region with its Karst geology would forever contaminate the water in the aquifers under the rock layer. I have been working in the environmental policy field for the last 10- years, and I am convinced that this CAFO is a disaster in the making.

Iowa has now outlawed CAFOs after experiencing the disastrous results. I was pleased to see that NR 151 and NR243 may offer the glimmer of hope we need to prevent that from happening in our area! Please don’t wait until our water becomes nitrate-filled before acting against these imminent CAFO threats.

Thank you for your consideration. Please don't hesitate to contact me directy.

1 Kind regards,

David Rosenheim and family

Pacifica, CA and

27386 Kickapoo Valley Road Steuben, WI. 54657

415-680-0707

2 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Thursday, October 10, 2019 10:27 AM To: Weigel, Brian M - DNR Subject: FW: dnr hearing WT-19-19 Attachments: hog stuff jc.docx

Another one!

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Laurie J. Ross Phone: (608) 267‐7420 [email protected]

From: Ken Cornish Sent: Tuesday, October 8, 2019 12:14 PM To: Ross, Laurie J ‐ DNR Subject: dnr hearing

Hi Laurie. Would you please send the attached letter to the DNR hearing being held today on manure application regulations. I can not get their website to accept comments for this hearing.

Thank you,

Jean Cornish Steuben, WI

Sent from Outlook

1 Gilbertson, Mike - DNR

From: Siebert, David R - DNR Sent: Thursday, December 12, 2019 9:31 AM To: Weigel, Brian M - DNR; Baeten, Joseph B - DNR Subject: FW: Kewaunee Updated spills list - Utesch Attachments: Spills Database.xlsx; ATT00001.htm

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Dave Siebert Administrator, External Services Division Phone: (608) 264‐6048 [email protected]

From: Ross, Laurie J ‐ DNR Sent: Wednesday, December 04, 2019 3:48 PM To: Siebert, David R ‐ DNR Subject: FW: Kewaunee Updated spills list ‐ Utesch

From: Ross, Laurie J ‐ DNR Sent: Wednesday, December 4, 2019 3:46 PM To: Bill Bruins ; Frederick Prehn ([email protected]) ; Greg Kazmierski ([email protected]) ; Julie Anderson ([email protected]) ; Ross, Laurie J ‐ DNR ; Terry Hilgenberg ([email protected]) ; William Smith DNR email Cc: Foss, Darsi J ‐ DNR Subject: FW: Kewaunee Updated spills list ‐ Utesch

From: [email protected] Sent: Wednesday, December 4, 2019 8:58 AM To: Cole, Preston D ‐ DNR Cc: Ross, Laurie J ‐ DNR Subject: Kewaunee Updated spills list

Begin forwarded message:

1 From: Davina Bonness Date: December 4, 2019 at 8:00:51 AM CST To: "[email protected]" Subject: Re: Updated spills list

Good morning Nancy,

Attached is the updated list.

The next LCC is Tuesday, December 10th at 8:15am.

Davina

Davina Bonness County Conservationist / Department Head Kewaunee County Land & Water Conservation Department 625 Third Street Luxemburg, WI 54217 Email: [email protected] Direct ‐ 920‐845‐9743 Fax ‐ 920‐845‐9745 www.facebook.com/KCoLWCD

2 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 2:03 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 COMMENT re 2D NR 151 - Blackmore

‐‐‐‐‐Original Message‐‐‐‐‐ From: Barbara Blackmore Sent: Thursday, December 5, 2019 9:07 PM To: Ross, Laurie J ‐ DNR Subject: Runoff Management rule NR 151

To: NRB Liaison Laurie Ross

From: Barbara J. Blackmore

1040 W Haseltine Street

Richland Center, WI 53581

[email protected]

I support the scope statement for development of 'Sensitive Areas'

revisions to the state's Runoff Management rule NR 151. I believe that western

Wisconsin counties, such as Crawford, Vernon, and Richland, should be covered

by those rules because of the fractured sandstone geology underlying them.

Thank you for considering this.

Barbara J. Blackmore

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 3:10 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 COMMENT re 2D NR 151 - Collins

From: Sandy Collins Sent: Friday, December 6, 2019 11:02 AM To: Ross, Laurie J ‐ DNR Subject: Lower Kickapoo Karst Sensitivity.

Karst Geology and the Lower Kickapoo Watershed should be designated a Sensitive Area for the following reasons.

 Clean water is "essential" to all life.  10,000 pigs produces as much untreated waste as a town of 40,000 people!  The hills and ridges along lower Kickapoo River valley is composed of very sensitive Karst geology.  "Karst leaks like a sieve" according to all geologist professors.  Deadly pathogens can easily filter through the broken rock, and pollute our area drinking water aquifers forever.  A 10,000 Hog CAFO is proposed to be built on Harvest Ln, a Karst ridge, overlooking the Kickapoo in Marietta Twp, Crawford Co, WI,  There are 28 very concerned families with private wells, who live within 1/4 ‐ 1/2 mile in the valley below, in the shadow of the proposed CAFO,  And another Kickapoo Valley community of 25 property owners with private wells, live 1 mile downstream.  Many other farmers and residents live within a two mile radius, including the village of Steuben (upstream on the Kickapoo River)  Untreated pathogen ridden Hog manure runoff is inevitable. (Leaky pits, broken manure line spills, heavy rains, steep unstable terrain)  The Wauzeka DNR wildlife preserve owns most of the surrounding land in the area. This wildlife area is a big draw for outdoor tourism.  Hunting, Fishing, Canoeing, Birding, Hiking, etc. helps Crawford County's $125 million dollar Tourism industry needs clean water.  Manure spills in waterways kill trout, and hinders the health and natural well being of birds and area wildlife.  But most importantly, the Health Safety and Welfare of all area residents and tourists are at risk, if CAFOs such as this are allowed on Karst Geology.

Thanks

-- Sandy Collins Harvest Lane 1 Wauzeka WI 608-476-2241 MWNews.Net

2 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 2:52 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR; Ambs, Todd L - DNR; Heilman, Cheryl W - DNR Subject: FW: NRB December 10 COMMENT re 2D NR 151 - Voskuil/MEA Attachments: 2019-12-6 NR151 Scope Comments.pdf

From: Adam Voskuil Sent: Friday, December 6, 2019 10:18 AM To: Ross, Laurie J ‐ DNR Subject: Request approval of the Scope Statement for Board order WT‐19‐19 Comments

Ms. Ross

Please see the attached comments requesting NRB Approval of Agenda Item 2D (Request approval of the Scope Statement for Board order WT‐19‐19).

I am happy to respond to any questions or concerns, should they arise.

Adam Voskuil Staff Attorney Midwest Environmental Advocates 612 W. Main St. Suite 302 Madison, WI 53703 Phone: (608) 251‐5047 ext. 7

This message and any attachments are a confidential attorney communication protected from disclosure by the attorney client privilege and constitute confidential attorney work‐product. If your name does not appear in any address line or you are not the intended recipient, you must delete this message and alert the sender that you inadvertently received this message.

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 3:04 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 COMMENT re 2D NR 151 - Werner/River Alliance of Wisconsin Attachments: NRB_December2019_RiverAllianceofWisconsin.rtf.pdf

From: Allison Werner Sent: Friday, December 6, 2019 10:55 AM To: Ross, Laurie J ‐ DNR Subject: Written comments for December NRB meeting

Ms. Ross, I have attached River Alliance of Wisconsin's comments for agenda item 2D for next week's Natural Resources Board meeting. Thank you for the opportunity to submit a written comment.

Regards, Allison Werner

‐‐

Allison Werner Policy & Advocacy Director

To help protect your privacy, Micro soft Office prevented au tomatic download of this picture from the Internet. River Alliance of Wisconsin

p: 608-257-2424 x113 w: www.wisconsinrivers.org e: [email protected]

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 8:04 AM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 comment re 2D NR 151 - Widder

From: 2 Dang Dogs <[email protected]> Sent: Thursday, December 5, 2019 1:48 PM To: Ross, Laurie J ‐ DNR Subject: NR 151 Senstive Areas Revisions

Hello Ms Ross

I am a landowner and resident of Crawford County, and I am writing to ask that the Natural Resources Board act to include Crawford, Richland and Vernon Counties in the Sensitive Areas rules of NR 151. Due to the highly permeable karst structure underlying our counties in the Driftless Area, our wells and surface waters are susceptible to contamination from nitrates, pathogens (many, many of them more and more resistant to antimicrobials), and pesticides. My husband and I are farmers ourselves, and I recognize that additional rules will impact farmers. However, modern agriculture practices are responsible for the greatest share of the contamination of state waters. Agriculture shares the land with many others who have the right to clean water, air and land. It is simply not right that some farmers pollute the commons while repeatedly stating that they are following all the required rules.

The stated purpose in many DNR regulations is to protect groundwater and surface waters of the state. Including Crawford, Richland and Vernon Counties as Sensitive Areas would greatly assist that protection. And those of us who depend on wells for our water would be very grateful for the assistance.

Best Regards,

Janet Widder 49194 Hilldale Road Wauzeka WI 53826

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Tuesday, December 03, 2019 9:11 AM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 comment re 2D NR 151 - Wohlfeil and Robl/Waushara County Health Dept. Attachments: WCHD support NR151 scope statement.pdf

From: Mary Robl Sent: Thursday, November 7, 2019 10:55 AM To: Ross, Laurie J ‐ DNR Cc: Wohlfeil, Patti Subject: WT‐19‐19 Support for Scope Statement

Good Morning,

The attached letter provides support of the Natural Resources Board approving the scope statement for proposed Rule No. WT‐19‐19. Thank you for the opportunity to comment.

Mary Robl, RS Environmental Program Manager Tri‐County Environmental Health Consortia Waushara, Green Lake and Marquette Counties PO Box 837 230 W Park Street Wautoma, WI 54982 Ofc 920‐787‐6548 Fax 920‐787‐6511 [email protected]

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 2:28 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 Comment re 2D NR 151 - Eggleston/Wood County Health Dept. Attachments: NR Board Written Testimony NR 151 Dec2019.docx

From: Nancy Eggleston Sent: Friday, December 6, 2019 9:04 AM To: Ross, Laurie J ‐ DNR Subject: Testimony on NR 151

I am submitting the attached written testimony regarding The Statement of Scope for rules affecting Chapter NR 151, item 2 D. on the agenda for the Natural Resources Board meeting on December 10, 2019. Thank you for your consideration of this testimony.

Nancy Eggleston

Nancy Eggleston, R.S. Environmental Health and Communicable Disease Supervisor Wood County Health Department 111 W. Jackson Street – 3rd Floor | Wis. Rapids, WI 54495 D: (715) 421-8940 | O: (715) 421-8911 Connect with us: WCHD | Facebook

Did you know? Restaurant inspections are available online.

STATEMENT OF CONFIDENTIALITY.....This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to who they are addressed. If you are not the intended recipient of this email, any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. Please notify the sender of this email of the error and delete the email.

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 2:24 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 Comment re 2D NR 151 - O'Halloran

From: Denise O'Halloran Sent: Friday, December 6, 2019 8:40 AM To: Ross, Laurie J ‐ DNR Subject: NR 151 Revision

Hi my name is Denise O'Halloran. I am a member of the "Preserving Our Ixonia Countryside" and my husband and I live less than 1 mile from the Tag Lane CAFO.

In response to AGENDA ITEM 2D: I support the effort to broaden the rule making process in an effort to control groundwater contamination by improper manure spreading. We are concerned about contamination of our private well and the recharging aquifer that supports our Lake Country region.

My address: N9246 Green Valley Rd. Watertown, WI 53094

Phone: 262.893.1745

Email: above

Thank you, Denise O'Halloran

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Monday, December 02, 2019 3:03 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 comment re 2D NR 151 - Robinson

From: Dan Robinson Sent: Monday, December 2, 2019 12:39 PM To: Ross, Laurie J ‐ DNR Subject: Comment on proposed new nitrogen application rules

To the Natural Resources Board, I am writing (and representing myself) to ask you to approve and move forward as quickly as possible the new rules being proposed by Govenor Evers to regulate how nitrogen is applied to farm fields and to ensure clean, safe drinking water in Wisconsin. Thank you for all you do for the people of Wisconsin. Sincerely, Dan Robinson

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 2:30 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 Comment re 2D NR 151 - Shoemaker

From: Steven Shoemaker Sent: Friday, December 6, 2019 9:09 AM To: Ross, Laurie J ‐ DNR Subject: Nitrate written statement

Steven Shoemaker Steadfast Acres 33408 State Hwy 130 Lone rock Wisconsin 53556 9203669870 [email protected]

Submitting a written statement on my experience with high nitrate levels in my private well and the costs associated with fixing the problem ‐‐ Steven Shoemaker Steadfast Acres LLC Lone Rock, WI 53556 www.steadfast‐acres.com Farmer Certified Culinarian 920.366.9870

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 1:28 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 Comment re 2D NR 151 - Swanson, Elaine and Severin/PEPL

There are two emails combined into this one from the Swanson’s. 1st email has many pages. 2nd email/ The John Hopkins letter is at the bottom of this email.

From: Raven Sent: Thursday, December 5, 2019 6:41 PM To: Ross, Laurie J ‐ DNR Subject: Letter ‐ John Hopkins Center to Kewaunee CARES

Laurie ‐ I would like for the NRB to have a copy of the letter to which I referred in my previous submission. I would greatly appreciate your either using that link to produce a hard copy of the 12 pages ‐ or print this email. Thanks very much for your dedication to Wisconsin ‐ the land and the people!

Elaine Swanson, People Empowered Protect the Land (PEPL) of Rosendale

Member Sustain Rural Wisconsin Network

The John Hopkins Center for a Livable Future Bloomberg School of Public Health

615 North Wolfe Street, W7010 Baltimore, MD 21205

March 27, 2014

Kewaunee CARES P.O. Box 84 Kewaunee, WI 54216

Disclaimer: The opinions expressed herein are our own and do not necessarily reflect the views of The Johns Hopkins University.

Re: Manure from intensive livestock operations: health and environmental concerns

To whom it may concern:

We are researchers at The Johns Hopkins Center for a Livable Future, based at the Bloomberg School of Public Health. The Center engages in research, policy analysis, education, advocacy, and other activities 1 guided by an ecologic perspective that diet, food production, the environment, and public health are interwoven elements of a single complex system. We recognize the fundamental importance of food animal production in these issues as they relate to the U.S. food system.

We are writing to present some of the concerns associated with the generation and management of manure from intensive livestock operations, particularly regarding the health of Wisconsin’s rural citizens. These health and environmental concerns include:

The spread of infectious disease, including antibiotic‐resistant bacteria, to nearby communities.

Groundwater and surface water pollution, and associated health and ecological impacts.

Air pollution, odors, and associated health and social impacts.

These are detailed below, with supporting evidence from the peer‐reviewed scientific literature.

Page 1 of 12

Background

According to the 2007 Census of Agriculture, Wisconsin is the second leading dairy‐ producing state in the country. The state is home to over 1.2 million milk cows, with an inventory of close to 3.4 million cattle and calves—the 9th largest in the nation. Wisconsin is also a significant contributor to U.S. pork, poultry and egg production (1,2).

Over half of Wisconsin’s cattle and calves are on farms with reported inventories of over 200 head, and 27 percent are on farms with over 500 head (1). With regards to health and environmental concerns, it is critical to consider inventory size alongside other important factors such as feed inputs, stocking density, and the amount of available cropland for spreading manure.

Producing large numbers of animals over a relatively small land area presents the challenge of managing the quantities of manure they generate. A 1400 pound lactating cow, for example, produces an estimated 148 lbs of waste daily (3). Humans, by comparison, produce 2.5 lbs daily. An intensive dairy operation with several hundred animals, by extension, may produce as much excrement as a small city, concentrated over a tiny fraction of the land area and without the benefit of a wastewater treatment plant to eliminate biological and chemical contaminants. In large part because of these challenges, intensive livestock operations have emerged as a major source of pollution to ground and surface waters (4–9).

Any farmer can attest to the value of manure as a source of nutrients and organic matter for their soil. The quantity of manure generated at intensive operations, however, frequently exceeds the amount that can be utilized by surrounding cropland, and transporting manure further may not be economically feasible (10–12). When manure is over‐applied, the excess—along with chemical (13–17) and microbial

2 (4,18,19) contaminants associated with it—may be transported by runoff into surface waters and/or leach into groundwater. Results from a 2005 study, for example, suggest 71 percent of Wisconsin dairy farms generate manure in amounts that exceed the nutrient requirements of the cropland on which manure is applied (20). The potential health and ecological effects associated with these scenarios are detailed below.

Spread of infectious disease to nearby communities

Crowded conditions in intensive livestock operations present frequent opportunities for the transmission of viral and bacterial pathogens among animals, and between animals and humans. Many of these pathogens live in the digestive tracts of animals and may be passed in their waste (4,18,19).

Page 2 of 12

The disease risks stemming from intensive livestock production are heightened by the potential for infection with antibiotic‐resistant bacteria. The use of low doses of antibiotic drugs as a means to promote growth (often also called “disease prevention”) in animals has become commonplace—an estimated 80 percent of antibiotics sold for human and animal uses in the U.S. are sold for use in food‐ producing animals (21). Administering antibiotics to animals at doses too low to treat disease fosters the proliferation of antibiotic‐resistant pathogens, which can cause infections in humans. When a person is infected with antibiotic‐resistant bacteria, these infections can be more difficult and expensive to treat (22).

A growing body of evidence points to the potential pathways by which pathogens (antibiotic‐resistant or otherwise) might spread from intensive livestock operations into communities. Studies suggest, for example, that antibiotic‐resistant pathogens may be transmitted by workers into their homes and communities (23,24), conveyed by runoff into ground and surface waters (19), blown out of ventilation systems (25–27), and spread to consumers via contaminated meat (28,29). Pathogens may also be transported by flies (30), wild birds (31,32), and animal transport vehicles (33). Further evidence for these pathways is documented in a 2013 study in which living closer to swine operations—and to fields where manure is spread—was significantly associated with elevated rates of infection with methicillin‐ resistant Staphylococcus aureus (MRSA), an antibiotic‐resistant pathogen that can be challenging and expensive to treat (34). A similar study found similar associations between proximity to a swine operation and colonization with MRSA (35).

Health and ecological impacts of ground and surface water pollution

Manure from intensive livestock operations may introduce a range of waterborne contaminants into ground and/or surface waters, including nitrates (7,8), microbial pathogens (4,19,34), veterinary pharmaceuticals(14–18,36) and natural and synthetic hormones (37,38). Communities living downstream from these operations may be exposed to these agents via drinking or having skin contact with contaminated ground or surface waters.

Exposure to these waterborne contaminants can result in adverse health effects. Ingesting high levels of nitrate (naturally occurring in manure), for example, has been associated with increased risks for thyroid conditions (39,40), birth defects and other reproductive problems (39,41), diabetes (39), various cancers (39,42), and methemoglobinemia (blue baby syndrome), a potentially fatal condition among infants (43).

The risks of exposure to waterborne contaminants are particularly salient for the 70 percent of Wisconsin’s population who depend on groundwater for their drinking water

3 Page 3 of 12

supply—the state ranks fourth in the nation for the percentage of households on private wells (44). Adding to these concerns, much of southern and eastern Wisconsin has karst geology—a feature that can readily channel surface contaminants into groundwater sources (45). Private wells are not subject to federal drinking water regulations, and while some states have minimal requirements for private wells, state‐level action is usually only triggered during property transfer and rarely requires periodic monitoring of water quality (46). Further, most water treatment systems for private wells are designed to deal with heavy metals and other more common drinking water contaminants, and are not suited for removal of drug residues and hormonally‐active compounds.

Nutrient runoff into surface waters may also have consequences for marine ecosystems and the people who depend on them for recreation and economic activity. Intensive livestock operations are a major source of nutrient runoff (6,7,47), contributing to algal blooms and subsequent hypoxic “dead zones” that may result from algal decomposition. Aquatic regions exposed to long periods of hypoxia often see dramatic reductions in fisheries, among other health, ecological, and economic harms (48). Nutrient runoff has also been implicated in the growth of harmful algal blooms (49), which may pose health risks for people who swim or fish in recreational waters, or who consume contaminated seafood. Exposure to algal toxins has been linked to neurological impairments, liver damage, stomach illness, skin lesions, and other adverse health effects (50).

In more severe cases, manure storage facilities may rupture, leak, or overflow during extreme weather events, releasing their contents into surrounding waterways. For example, in 1995 a large swine waste holding lagoon in North Carolina ruptured due to faulty management. Close to 26 million gallons of manure emptied onto fields and lawns of adjacent homes before draining into a nearby river. The pollution load led to the proliferation of toxic algal blooms and widespread fish kills, and fecal bacteria were detected in river sediment at levels over 15,000 times higher than state standards (51).

Air pollution, odors, and associated health and social impacts

Intensive livestock operations release a range of airborne pollutants, including ammonia, hydrogen sulfide, and other gases emitted from animal waste; and airborne particulates, which may be comprised of dried feces, animal dander, fungal spores, and bacterial toxins (52). Results from a two‐year air monitoring study, jointly sponsored by the U.S. Environmental Protection Agency and representatives of the pork, poultry, dairy and egg industries, suggest intensive livestock operations produce several of these pollutants at levels well above federal standards.(53)

Page 4 of 12

Much of the research on the health effects associated with exposure to airborne pollutants from confinement operations has focused on workers. At least one in four workers in these operations are estimated to suffer from respiratory illness (54).

A growing body of evidence suggests residents living near intensive livestock operations may also be at greater risks of respiratory illness. Results from a study of industrial‐scale dairy operations in Washington State, for example, suggest intensive dairy operations are a significant source of particulate matter among nearby rural communities (55). Another study detected high concentrations of particulate matter downwind from swine confinement operations, which was linked to wheezing, breathing difficulties, and eye, skin, and nasal irritation among residents of downwind communities (56). Indicators of air pollution from swine confinement operations have also been linked to asthma symptoms among

4 students at nearby schools (57). Additional studies have illustrated relationships between proximity to intensive livestock operations and respiratory effects (58–61) among other adverse health outcomes.

Odors associated with air pollutants from intensive livestock operations have been known to interfere with daily activities, quality of life, social gatherings, and community cohesion (62,63). In addition to the stigma and social disruption they often generate, odors from swine confinement operations have been associated with physiological and psychological effects, including high blood pressure, depression, anxiety, and sleep disturbances (64–66).

Despite the above concerns, all but the largest livestock operations—those designated as “Large CAFOs” (concentrated animal feeding operations)—are required by federal law to report hazardous airborne emissions, and then only if the levels are above certain thresholds. Even in cases when operations report emissions, such information may not be available to the public. For these reasons, the relationships between intensive livestock operations, air quality, and the health of rural residents are poorly understood. These data gaps speak to the need for better methods of estimating emissions, including more stringent reporting requirements and air monitoring stations at intensive livestock operations and communities (67).

Conclusion

For thousands of years, manure has been valued by farmers for its roles in building soil quality and increasing crop yields. Producing livestock such that they generate more manure than can be utilized by nearby cropland is not only a waste of this important resource, it is also a public health and environmental problem. A growing body of evidence has implicated the generation and management of manure from intensive livestock operations in the spread of infectious disease (including antibiotic‐ resistant strains), the

Page 5 of 12

introduction of microbial and chemical contaminants into ground and surface waters, impacts to air quality, and the wide range of adverse health, social, ecological and economic outcomes that result from these events.

We hope our letter is helpful in describing some of the public health and environmental concerns associated with the generation and management of manure from intensive livestock operations. Please do not hesitate to contact us if you have any questions.

Sincerely,

Robert S. Lawrence, MD, MACP, FACPM

The Center for a Livable Future Professor in Environmental Health Sciences Professor, Departments of Environmental Health Sciences, Health Policy and Management, and International Health Director, Johns Hopkins Center for a Livable Future

Keeve E. Nachman, PhD, MHS

5 Assistant Scientist, Departments of Environmental Health Sciences and Health Policy and Management Program Director, Food Production and Public Health, Johns Hopkins Center for a Livable Future

David C. Love, PhD

Assistant Scientist, Department of Environmental Health Sciences Assistant Scientist, Public Health & Sustainable Aquaculture Project, Johns Hopkins Center for a Livable Future

Robert P. Martin

Senior Lecturer, Department of Environmental Health Sciences Program Director, Food System Policy Program, Johns Hopkins Center for a Livable Future

Brent F. Kim, MHS

Program Officer, Food Production and Public Health, Johns Hopkins Center for a Livable Future

Claire M. Fitch

Research Assistant, Food Production and Public Health, Johns Hopkins Center for a Livable Future

Page 6 of 12

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27. Chapin A, Rule A, Gibson K, Buckley T, Schwab K. Airborne Multidrug‐Resistant Bacteria Isolated from a Concentrated Swine Feeding Operation. Environ Health Perspect. 2005 May 1;113(2). 28. Hayes JR, English LL, Carter PJ, Proescholdt T, Lee KY, Wagner DD, et al. Prevalence and Antimicrobial Resistance of Enterococcus Species Isolated from Retail Meats. Appl Environ Microbiol. 2003;69(12):7153– 60. 29. Donabedian SM, Thal LA, Hershberger E, Perri MB, Chow JW, Bartlett P, et al. Molecular Characterization of Gentamicin‐Resistant Enterococci in the United States: Evidence of Spread from Animals to Humans through Food. J Clin Microbiol. 2003;41(3):1109–13. 30. Graham JP, Price LB, Evans SL, Graczyk TK, Silbergeld EK. Antibiotic resistant enterococci and staphylococci isolated from flies collected near confined poultry feeding operations. Sci Total Environ. Elsevier B.V.; 2009 Apr 1;407(8):2701–10. 31. Carlson JC, Franklin AB, Hyatt DR, Pettit SE, Linz GM. The role of starlings in the spread of Salmonella within concentrated animal feeding operations. J Appl Ecol. 2010;48(2):479–86.

7 32. Graham JP, Leibler JH, Price LB, Otte JM, Pfeiffer DU, Tiensin T, et al. The animal‐human interface and infectious disease in industrial food animal production: rethinking biosecurity and biocontainment. Public Health Rep. 2008;123(3):282–99. 33. Rule AM, Evans SL, Silbergeld EK. Food animal transport: a potential source of community exposures to health hazards from industrial farming (CAFOs). J Infect Public Health. 2008 Jan;1(1):33–9. 34. Casey JA, Curriero FC, Cosgrove SE, Nachman KE, Schwartz BS. High‐Density Livestock Operations, Crop Field Application of Manure, and Risk of Community‐Associated Methicillin‐Resistant Staphylococcus aureus Infection in Pennsylvania. JAMA Intern Med. 2013 Sep 16;21205(21):1980–90. 35. Carrel M, Schweizer ML, Sarrazin MV, Smith C, Perencevich EN, Smith TC. Residential Proximity to Large Numbers of Swine in Feeding Operations Is Associated with Increased Risk of Methicillin‐Resistant Staphylococcus aureus Colonization at Time of Hospital Admission in Rural Iowa Veterans Residential Proximity to Large Numbers. 2014;6–10. 36. Chee‐Sanford JC, Aminov RI, Krapac IJ, Garrigues‐Jeanjean N, Mackie RI. Occurrence and Diversity of Tetracycline Resistance Genes in Lagoons and Groundwater Underlying Two Swine Production Facilities. Appl Environ Microbiol. American Society for Microbiology; 2001;67(4):1494–502. 37. Hanselman TA, Graetz DA, Wilkie AC. Manure‐borne estrogens as potential environmental contaminants: a review. Environ Sci Technol. 2003;37(24):5471–8. 38. Shappell NW, Billey LO, Forbes D, Matheny TA, Poach ME, Reddy GB, et al. Estrogenic activity and steroid hormones in swine wastewater through a lagoon constructed‐wetland system. Environ Sci Technol. 2007;41(2):444–50.

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39. Ward MH. Too much of a good thing? Nitrate from nitrogen fertilizers and cancer. Rev

Environ Heal. 2009;24(4):357–63.

40. Aschebrook‐Kilfoy B, Heltshe SL, Nuckols JR, Sabra MM, Shuldiner AR, Mitchell BD, et al. Modeled nitrate levels in well water supplies and prevalence of abnormal thyroid conditions among the Old Order Amish in Pennsylvania. Environ Heal. 2012;11(1):6. 41. Manassaram DM, Backer LC, Moll DM. A Review of Nitrates in Drinking Water: Maternal Exposure and Adverse Reproductive and Developmental Outcomes. Environ Health Perspect. 2005 Nov 3;114(3):320–7. 42. Chiu H‐F, Tsai S‐S, Yang C‐Y. Nitrate in drinking water and risk of death from bladder cancer: an ecological case‐control study in Taiwan. J Toxicol Environ Health A. 2007 Jun;70(12):1000–4. 43. Knobeloch L, Salna B, Hogan A, Postle J, Anderson H. Blue babies and nitrate‐contaminated well water. Environ Health Perspect. 2000;108(7):675–8. 44. Water Systems Council. Wisconsin Fact Sheet [Internet]. 2012. Available from: http://www.watersystemscouncil.org/documents/WI.pdf 45. Wisconsin Geological and Natural History Survey. Information about karst [Internet]. 2012. Available from: http://wisconsingeologicalsurvey.org/karst.htm 46. Rogan WJ, Brady MT. Drinking water from private wells and risks to children. Pediatrics. 2009;123(6):1599–605. 47. Castro MS, Driscoll CT, Jordan TE, Reay WG, Boynton WR. Sources of Nitrogen to Estuaries in the United States. Estuaries. 2003;26(3):803–14. 48. Diaz RJ, Rosenberg R. Spreading dead zones and consequences for marine ecosystems. Science. 2008 Aug 15;321(5891):926–9. 49. Anderson DM, Burkholder JM, Cochlan WP, Glibert PM, Gobler CJ, Heil CA, et al. Harmful algal blooms and eutrophication: Examining linkages from selected coastal regions of the United States. Harmful Algae. 2008;8(1):39–53. 50. Van Dolah FM. Marine algal toxins: origins, health effects, and their increased occurrence. Environ Health Perspect. National Institute of Environmental Health Science; 2000;108(Supplement 1):133.

8 51. Burkholder JM, Mallin MA, Glasgow HB, Larsen LM, McIver MR, Shank GC, et al. Impacts to a coastal river and estuary from rupture of a large swine waste holding lagoon. J Environ Qual. 1997;26(6):1451. 52. Heederik D, Sigsgaard T, Thorne PS, Kline JN, Avery R, Bønløkke JH, et al. Health effects of airborne exposures from concentrated animal feeding operations. Environ Health Perspect. 2007 Feb;115(2):298– 302.

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53. Environmental Integrity Project. Hazardous Pollution from Factory Farms: An Analysis of

EPA’s National Air Emissions Monitoring Study Data. 2011.

54. Donham K, Wing S, Osterberg D, Flora JL, Hodne C, Thu KM, et al. Community health and socioeconomic issues surrounding concentrated animal feeding operations. Environ Health Perspect. 2007 Feb;115(2):317–20. 55. Williams DL, Breysse PN, McCormack MC, Diette GB, McKenzie S, Geyh AS. Airborne cow allergen, ammonia and particulate matter at homes vary with distance to industrial scale dairy operations: an exposure assessment. Environ Health. BioMed Central Ltd; 2011 Jan;10(1):72. 56. Schinasi L, Horton RA, Guidry VT, Wing S, Marshall SW, Morland KB. Air pollution, lung function, and physical symptoms in communities near concentrated swine feeding operations. Epidemiology. 2011 Mar;22(2):208–15. 57. Mirabelli MC, Wing S, Marshall SW, Wilcosky TC. Asthma symptoms among adolescents who attend public schools that are located near confined swine feeding operations. Pediatrics. 2006 Jul;118(1):e66–75. 58. Radon K, Schulze A, Ehrenstein V, van Strien RT, Praml G, Nowak D. Environmental exposure to confined animal feeding operations and respiratory health of neighboring residents. Epidemiology. 2007 May;18(3):300–8. 59. Thu K, Donham K, Zigenhorn R, Reynolds S, Thorne PS, Subramanian P, et al. A control study of the physical and mental health of residents living near a large‐scale swine operation. J Agric Saf Health. 1997;3(1):13– 26. 60. Bullers S. Environmental Stressors, Perceived Control, and Health: The Case of Residents Near Large‐Scale Hog Farms in Eastern North Carolina. Hum Ecol. 2005 Feb;33(1):1–16. 61. Merchant J a., Naleway AL, Svendsen ER, Kelly KM, Burmeister LF, Stromquist AM, et al. Asthma and Farm Exposures in a Cohort of Rural Iowa Children. Environ Health Perspect. 2004 Dec 7;113(3):350–6. 62. Donham KJ, Wing S, Osterberg D, Flora JL, Hodne C, Thu KM, et al. Community health and socioeconomic issues surrounding concentrated animal feeding operations. Environ Health Perspect. 2007 Feb;115(2):317–20. 63. Wing S, Wolf S. Intensive livestock operations, health, and quality of life among eastern North Carolina residents. Environ Health Perspect. 2000 Mar;108(3):233–8. 64. Wing S, Horton RA, Rose KM. Air pollution from industrial swine operations and blood pressure of neighboring residents. Environ Health Perspect. 2013 Jan;121(1):92–6. 65. Wing S, Horton RA, Marshall SW, Thu K, Tajik M, Schinasi L, et al. Air pollution and odor in communities near industrial swine operations. Environ Health Perspect. 2008 Oct;116(10):1362–8.

66. Horton RA, Wing S, Marshall SW, Brownley KA. Malodor as a trigger of stress and negative mood in neighbors of industrial hog operations. Am J Public Health. 2009 Nov;99 Suppl 3:S610–5. 67. Smith TJS, Rubenstein LS, Nachman KE. Availability of information about airborne hazardous releases from animal feeding operations. PLoS One. 2013 Jan;8(12):e85342.

9 From: Raven Sent: Thursday, December 5, 2019 6:30 PM To: Ross, Laurie J ‐ DNR Subject: Comments ‐ Administrative Rules Review NR151 ‐ Support Scope Statement

Laurie - please consider this an addendum to my earlier submission supporting the Scope Statement. Thanks for delivering to NRB before their meeting next week. Elaine Swanson

To the Natural Resources Board In Support of the Scope Statement

Please refer to the letter from The John Hopkins Center for a Livable Future addressed to Kewaunee CARES, dated March 27, 2014. https://kewauneecares.files.wordpress.com/2014/04/2014-03-27- manure-from-intensive-livestock-operations-1.pdf

This 12-page report documents the risks and uncertainties posed by intensive livestock operations, particularly as they affect the health of Wisconsin citizens. These health and environmental factors include the spread of infectious disease from contaminated groundwater, surface water, and air.

I have a personal reason for asking that you take the time to read the research documented in this report. Please consider the scientific evidence that suggests that residents living near CAFOs (confined animal feeding operations) are at greater risk of infectious disease, antibiotic resistance, depression.

A friend of mine was diagnosed last year with ALS. This is a devastating, neurodegenerative disease. Bill is now living the last stage of his life not in retirement with his wife but as a patient at a VA Hospital in St. Cloud, Minnesota. Bill’s home is in Kewaunee County, which has a population of 22,500 - and over 100,000 cattle.

This rural community must live with the spreading of manure from livestock that is equivalent to the human waste of 2 million people. In more visual terms, we are applying the equivalent human waste from the cities of Detroit, Minneapolis, St. Louis, and Milwaukee to this land every day.

Do you see the irresponsibility, the immorality - the insanity in managing food production this way?

Is there any wonder that Kewaunee County has become a harbor for infectious disease, antibiotic resistance, depression?

Please take the time to carefully consider the profound consequences if Wisconsin does not declare a moratorium on further industrial farming operations. Please begin by approving the Scope Statement.

Thank you.

Elaine and Severin Swanson

10 People Empowered Protect the Land (PEPL) of Rosendale W10732 Triangle Road Pickett, WI 54964

Member, Sustain Rural Wisconsin Network

11 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 7:02 AM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 comment re 2D NR 151 - Swanson Attachments: Comments Administrative Rules 11-07-19.pages; ATT00001.htm

From: Raven Sent: Wednesday, December 4, 2019 9:21 PM To: Ross, Laurie J ‐ DNR Subject: Comments ‐ Administrative Rules Review NR151

Laurie - I was among those who testified at the Fond du Lac public hearing in November on the Statement of Scope. I also sent an electronic copy to Brian Wiegel, DNR Watershed Management. Since I believe this is such an important issue, I am submitting these comments again, requesting that you deliver hard copies directly to the Natural Resources Board before their next meeting. (I have attached the comments and copied same below.)

Thanks so much for acknowledging this document. Elaine Swanson

Comments - Administrative Rules Review NR151 - I Support the Scope Statement UW-Oshkosh, Fond du Lac Campus Room UC-114 November 7, 2019

I came here today to speak for my family - but also for my rural community and the citizens who formed our grassroots group, PEPL of Rosendale. (People Empowered Protect the Land)

Perhaps every one who attends a public hearing should arrive with a child - reminding us of our responsibility to preserve what has always been essential to the land - water safe to drink and water sufficient to sustain life.

I’m very concerned at the lack of urgency I see over the consequences of spreading too much toxic manure on too little land. It’s clear to me that we need some major changes to outdated rules that clearly tip the scales in favor of industrial ag.

I’d like to remind everyone that our former run-off chief at the Department of Natural Resources predicted just a few years ago that it is just a matter of time before we have large scale contamination of our groundwater.

1 In 2008, a proposed CAFO that would become one of the largest in the state, began construction in the Town of Rosendale, even before the DNR had issued final building permits. They claimed statutory approval. The operation was built in an area of Karst sinkholes, wetlands, and a high water table.

Despite assurances, we did not believe that either Best Management Practices or Odor Plans were going to protect our rural community. In the absence of our state agency enforcing those “stringent rules and regulations”, the citizens worked overtime to identify drain tiles, monitor manure spreading, and document violations.

When Phase II of the CAFO’s plan was completed, and the spreading of 100 million gallons of manure from 8,000 cows followed, health problems began to arise in our community. Some of my neighbors described new symptoms of asthma, migraines, and chronic stress.

Five years ago, in a contested case hearing, Administrative Law Judge Jeffrey Boldt confirmed that the widespread contamination of private wells in Kewaunee “represents a massive regulatory failure to protect groundwater”.

We need a DNR staff that is fully funded and has the means to carry out their job. Wisconsin’s natural resources belong to the people. It is the duty of the DNR to protect fragile ecosystems and to respect the finite nature of our groundwater.

The precautionary principle needs to direct administrative rules. Precaution represents long-term commitment to prevent irreversible rape of the land and the costly consequences.

Thank you for listening to my comments.

Elaine and Severin Swanson People Empowered Protect the Land (PEPL) of Rosendale W10732 Triangle Road Pickett, WI 54964

[email protected]

2 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 2:25 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December COMMENT re 2D NR 151 - Plamann

From: Ryan P Sent: Friday, December 6, 2019 8:51 AM To: Ross, Laurie J ‐ DNR Subject: Comments for consideration regarding Central Sands Water NR 151

1. Ryan Plamann 2. Representing Self 3. Mauston, WI 4. 608‐479‐1039 5. [email protected] 6. see below

Hi. I am a pediatrician in Juneau County who also has children of my own. As a life long Wisconsin resident, I feel that our water quality is one of our most important resources as a state. As a member of the Juneau County Board of Health, I have been aware of the water issues our county is having. As a physician I feel we need to make the best effort we can to ensure the quality of our water is upheld. We need to take strong action to reverse the nitrate problem that we have been seeing in our Central Sands Region. Please consider the health of our population, including our children, when deciding how we are going to approach this issue. I will continue to take a strong stand against forces affecting the quality of our water and environment in this great state! Sincerely Dr Ryan Plamann

1 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 12:13 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December COMMENT re 2D NR 151 - Smith

From: Cynthia Smith Sent: Thursday, December 5, 2019 6:07 PM To: Ross, Laurie J ‐ DNR Subject: SW Wis problems, CAFO, sensitive

Dear Ms. Ross, I want to record my personal fears if an eventual CAFO is permitted for Crawford county of 15,000 pigs and the feared damages from that farm, near my own property on Kickapoo Valley Rd. My wish was to sell that home where I lived for 20 years from 1999 to 2019. I had to move to town after my husband died in 2013. I am 80 years old, but stayed there until I could not manage the property without help (snowplowing, lawn cutting., etc)moving to a rental in Boscobel in May of 2019. I have had to drop my listing price some $25K.

Our township has done all things possible, gotten the attention of the authorities at every meeting available to us. Now we need your protection in order to keep the moratorium currently enforced in Marietta, then supported by you as this sensitive area struggles to remain pristine to residents who value its beauty, nature, fishing, peaceful eagles' nests, sand hills, etc.

Thank you, cynthia Smith

1 Gilbertson, Mike - DNR

From: Weigel, Brian M - DNR Sent: Friday, December 13, 2019 12:03 PM To: Gilbertson, Mike - DNR Subject: FW: Comment re Manure rules for water protection - Burch

Brian M. Weigel, Ph.D. Director, Watershed Management Bureau Wisconsin Department of Natural Resources 101 S Webster, Madison, WI 53707 Phone: (608) 225‐4964

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

dnr.wi.gov

‐‐‐‐‐Original Message‐‐‐‐‐ From: Ross, Laurie J ‐ DNR Sent: Friday, December 13, 2019 10:20 AM To: Bill Bruins ; Frederick Prehn ([email protected]) ; Greg Kazmierski ([email protected]) ; Julie Anderson ([email protected]) ; Ross, Laurie J ‐ DNR ; Terry Hilgenberg ([email protected]) ; Smith, William H ‐ DNR Cc: Weigel, Brian M ‐ DNR Subject: FW: Comment re Manure rules for water protection ‐ Burch

‐‐‐‐‐Original Message‐‐‐‐‐ From: HEATHER L BURCH Sent: Wednesday, December 11, 2019 10:07 AM To: Ross, Laurie J ‐ DNR Subject: Manure rules for water protection

Thank you Ms. Ross for forwarding this to the WDNR board.

I couldn’t be happier to hear that the DNR board is taking into consideration the effects manure spreading is having on water systems and waterways in our beautiful state. I want to implore the board to look at areas outside of the Northeast. I live in Richland County, near the Pine and Wisconsin Rivers. These are gems in our area and a great source of revenue. I also have a private well. Unfortunately, I live across the road from a newly expanded commercial dairy farm (Schmidt Dairy), that spreads liquid manure to the closely located fields at an alarming rate and frequency. This spreading occurs often right before rain, no doubt causing runoff into the very closely located Pine River, which within a short distance drains into the Wisconsin. Our well water was extremely high in nitrates when we purchased our home in

1 2003 (before the massive expansion) and we invested in a purification system at that time due to having small children. I can only imagine the levels of nitrates and probably e. coli now.

I believe because of the cost of trucking, this massive farm repeatedly spreads (over and over) on the same fields located closest to their enormous manure storage system (and closely located to many family homes and the Pine River), instead of traveling farther. You can tell by the areas close to the storage pit that there is contaminated runoff because the vegetation is dead in a path that is clearly from running liquid. This farm is one that is skirting the rules at every turn (not just manure related), and I, and my neighbors beg you to look into the water contamination in Richland County.

I thank you for you time!

Sincerely, Heather Burch

2 Gilbertson, Mike - DNR

From: Siebert, David R - DNR Sent: Thursday, December 12, 2019 8:25 AM To: Weigel, Brian M - DNR Subject: NRB matters Attachments: FW: Please read my testimony by December 6, the deadline for thoughts on the scope statement from NRB. t is important that my voice is heard, as a taxpayer, as a homeowner affected by a CAFO in our neighborhood - Foust; FW: CAFO health threats - Utesch 2 of 2; FW: Health Threats CAFOs - Utesch 1 of 2

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

David R. Siebert Administrator, External Services Division Wisconsin Department of Natural Resources

Phone: (608) 264‐6048 Cell Phone: (608) 516‐3178 [email protected]

dnr.wi.gov

1 Gilbertson, Mike - DNR

From: alison barazani Sent: Tuesday, November 05, 2019 9:54 AM To: Weigel, Brian M - DNR Subject: Water protection needed for SW Wisconsin

10/28/2019

Comments for public hearing related to DNR Statement of Scope SS-77-19, relative to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

To: Brian Weigel, Department of Natural Resources, and the Natural Resources Board

Crawford Stewardship Project was relieved to hear that the state plans “to establish agricultural non-point source performance standards targeted to abate pollution of nitrate… in sensitive areas”. After this proposal went through all the levels of Conservation Congress, receiving overwhelming support in 70 of 72 counties a year and a half ago, we were wondering when we would see movement on this, knowing this would only be the beginning of a multi-year process. protections in Eastern Wisconsin, and it is not only shallow soils, but fractured and extre As I suspect these arguments will again arise as a case to quash the proposed actions to study and protect additional sensitive areas of Wisconsin, I will address each excuse specifically.

mely permeable bedrock that is a cause of concern in Southwest Wisconsin, we assume that this will be a primary consideration as well.

First and foremost, it is not our local responsibility to prove that the mess created by the one-size-fits-all state regulatory policies (which have preempted local control and allowed for unchecked consolidation of the ag 1 industry) are contaminating our water. However, we have been taking the necessary first steps to begin getting the basic data needed to see what the regional groundwater quality is, and hope the state will put its money where its mouth is and chip in to the effort.

Second, yes, the layers of Platteville/Galena limestone, St. Peter sandstone, Prairie du Chien dolomite, and Jordan and older sandstones that we live on are indeed different than the Silurian dolomite and underlying shale of Eastern Wisconsin. While much less studied, we do know that our bedrock is considerably older, and the carbonate layers (as well as parts of the sandstone) tend to have larger and more developed karst features. In Crawford County, we drink largely from sandstone aquifers, naturally some of the best in the world, and the contamination levels seen in Eastern Wisconsin will not be noted so suddenly, but once polluted, the contamination will persist for more generations of humans than are likely to exist. Consider it forever. At that point, and I will repeat that we don’t even know where we are now, the only option to provide our people potable water will be costly fixes at the tap by affected residents, or expensive ultra-deep wells that tap into water stored thousands of years ago. We will not accept this for our area. If anything, these differences would intuitively imply increased risks of contamination, and the urgent need to protect our resources before they are compromised.

To the third excuse for lack of state action, I will point out that Crawford County has made major progress in the last few years getting land under nutrient management plans… and have just passed 10%. Between the rugged topography which generally dictates much smaller farms, and lack of capacity in our county conservation departments, we are unlikely ever to achieve 90% of acres under NMPs. I have spoken with a neighboring county conservationist who has over twice the staff of Crawford county, yet tells me that it would take five more staff to fully implement even the existing NR 151 regulations. If we are not already in a health crisis, this is just waiting to happen, as the agencies and our laws continue to permit every single CAFO proposed for our region, regardless of the size or sensitivity of the landscape and watersheds, without so much as an Environmental Impact Statement.

Thank you for your time,

Forest Jahnke Crawford Stewardship Project - Program Coordinator 43188 Guthrie Rd, Rolling Ground, Wi. 608-632-2183

2 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 10:43 AM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December 10 Comment re 2D NR 151

From: Ross, Laurie J ‐ DNR Sent: Friday, December 6, 2019 10:43 AM To: Gary Porter Subject: NRB December 10 Comment re 2D NR 151

Your email has been shared with the Wisconsin Natural Resources Board and with appropriate department staff for their consideration. On behalf of the Board and department, I would like to thank you for your comments related to Tuesday, December 10, 2019 agenda item 2.D. – Request approval of the Statement of Scope for Board Order WT-19-19 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapters NR 151 and 243, Wis. Adm. Code, related to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas.

Please know that each Wisconsin Natural Resources Board meeting is webcast live and will then be permanently available on demand/archived. You can forward the following link and information to others so they can watch a recording of the Board meeting. Go to http://dnr.wi.gov/about/nrb/agenda.html and click Webcasts in the Related Links column on the right. Then click on this month’s meeting.

If you have not done so already, I encourage you to “subscribe” to future Wisconsin Natural Resources Board notices (e.g. agenda, brief of action, calendar) and receive email or text updates. You can do so under SUBSCRIBE at http://dnr.wi.gov/about/nrb/.

Best regards,

We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Laurie J. Ross

1 Natural Resources Board Liaison – Office of the Secretary Wisconsin Department of Natural Resources 101 South Webster Street P. O. Box 7921, Madison, WI 53707-7921 Phone: (608) 267-7420 Fax: (608) 266-6983 Email: [email protected]

dnr.wi.gov

From: Gary Porter Sent: Thursday, December 5, 2019 3:05 PM To: Ross, Laurie J ‐ DNR Subject: Sensitive areas input

Hi Laurie, I strongly support further studies of environmental, health devaluation of property impacts related water issues in Wisconsin, especially in Crawford County. A proposed hog CAFO in Marietta Township could be devastating to the ground water, and airborne health issues as well as pollution of the KIckapoo River water itself. It has been made known that should the proposed Roth CAFO go through that at least two more CAFO operations in the township would be proposed. With Iowa supersaturated with CAFO's many industrial farm operations are also eyeing Wisconsin for future expansion.

The following are concerns that many citizens feel should be addressed: • Nitrate contamination is widespread in Wisconsin, affecting tens of thousands of wells. • Southwestern portion of the state has high nitrate concentrations in groundwater and should be considered as sensitive area. • The department should look at both areas of high levels of nitrates in groundwater areas with highly susceptible soils. • Existing rules are not working in some geologic areas. • Nitrate pollution is linked to significant health issues. • Consider a broader range of factors affecting nitrates in groundwater than just soil permeability. • Wisconsin citizens should have clean drinking water.

It is time to act, there isn't time to delay.

Thank You,

Gary Porter 28607 Kickapoo Valley Rd. Steuben, Wi.

‐‐ Gary Porter 2 Gary Porter Photography LLC www.garyporterphoto.com 414‐975‐6706

3 Gilbertson, Mike - DNR

From: Ross, Laurie J - DNR Sent: Friday, December 06, 2019 2:02 PM To: Bill Bruins; Frederick Prehn ([email protected]); Greg Kazmierski ([email protected]); Julie Anderson ([email protected]); Ross, Laurie J - DNR; Terry Hilgenberg ([email protected]); Smith, William H - DNR Cc: Weigel, Brian M - DNR Subject: FW: NRB December COMMENT re 2D NR 151 - Kaldhusdal

From: Janet Kaldhusdal Sent: Thursday, December 5, 2019 10:06 PM To: Ross, Laurie J ‐ DNR Subject: NR 151

Hello Laurie,

It is my understanding that you are collecting testimony to compel the Natural Resources Board to take action regarding groundwater contamination. I would like to add my name in support of stronger standards and/or prohibition of manure spreading in our state. Please move forward on discussion and analysis of Wisconsin's groundwater nitrate problem. Water should be free and clear of cancer causing pollutants, but industrial agriculture is not being held accountable. It is obvious that the federal government is not safeguarding the people, so it is up to each state to make sure rules and regulations are in place and enforced for the safety of the people and environment.

The future of our planet depends on the good people of today. Please do not kowtow to the monied factory farms, but instead, do what is best for the state and its people.

Respectfully,

Janet Kaldhusdal 144 Pine Street Oconomowoc, Wisconsin 53066 262‐490‐5694

Gilbertson, Mike - DNR