November 18, 2020 TO: INTERESTED PARTIES RE: Waukon Dairy The Minnesota Pollution Control Agency (MPCA) has approved the Findings of Fact, Conclusions of Law, and Order for a Negative Declaration on the need for an Environmental Impact Statement on the Waukon Dairy. The Findings of Fact, Conclusions of Law, and Order document concludes that this project does not have the potential for significant environmental effects. The decision for a Negative Declaration completes the state environmental review process under the revised Environmental Quality Board rules, Minn. R. ch. 4410. Final governmental decisions on the granting of permits or approvals for the project may now be made. These documents are available for review at the Minneapolis Public Library at 300 Nicollet Mall, Minneapolis (see the Minneapolis Public Library website at https://mplslibrary.com/ for COVID-19 access information). They can also be viewed at the Crookston Public Library, 110 N Ash Street. Mailing of this document will be delayed due to MPCA staff working remotely, and to save on printing resources, the mailing will not include the many comments on the EAW. However, the complete document is available on the MPCA website at https://www.pca.state.mn.us/regulations/projects-under-mpca-review. We want to express our appreciation for comments submitted on the Environmental Assessment Worksheet. Comments and responses to them have been incorporated into the Findings of Fact, Conclusions of Law, and Order and have been considered by MPCA staff during the permit process for the proposed project. Sincerely, Dan R. Card, P.E. Dan R. Card, P.E. Supervisor, Environmental Review Unit St. Paul Office Resource Management and Assistance Division DRC:bt p-ear2-175b STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY IN THE MATTER OF THE DECISION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED WAUKON DAIRY FINDINGS OF FACT WAUKON TOWNSHIP CONCLUSIONS OF LAW NORMAN COUNTY, MINNESOTA AND ORDER Pursuant to Minn. ch. 4410, the Minnesota Pollution Control Agency (MPCA) staff prepared and distributed an Environmental Assessment Worksheet (EAW) for the proposed Waukon Dairy. Based on the MPCA staff environmental review, the EAW, comments and information received during the comment period, and other information in the record of the MPCA, the MPCA hereby makes the following Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT Project Description 1. Riverview, LLP (Riverview) proposes to construct a new dairy feedlot in Section 32 of Waukon Township, Norman County (Project). 2. The Project consists of the following: One 16’ x 32’ enclosed shed with concrete floor for the temporary storage of dead animals (facility 107) One 610’ x 1,200’ cross ventilated confinement free-stall barn with concrete floor (facility 110) that will house 8,900 animal units (AU) of Jersey cows One 610’ x 40’ covered vehicle drive alley (facility 111) that connects facility 110 and 112 One 610’ x 320’ cross ventilated confinement free-stall barn with concrete floor (facility 112) that will house 1,600 AU of Jersey cows One 72’ x 80’ shop (facility 113) One 12,000-gallon aboveground diesel fuel storage tank and containment area (facility 114) One 72’ x 265’ holding pen with concrete floor (facility 115) that will temporarily house milk cows that Riverview transports to the milking parlor (117) One 150’ x 240’ milking parlor (facility 117) One stormwater lift station (facility 118) One 815’ x 885’ asphalt pad for storage of covered feedstuffs (silage, haylage, etc.) (facility 122) One 145’ x 240’ enclosed shed with concrete floor (facility 123) that will hold multiple feedstuffs One 100’ x 200’ shed with gravel floor for dry straw bale storage (facility 124) Two stormwater basins (facilities 201 and 202) Two on-site apartment buildings (facilities 119 and 120) Three production wells for dairy use (Riverview will install these along the western side of the Project) Printed on recycled paper containing at least 30% fibers from paper recycled by consumers On the Need for an Environmental Impact Statement Findings of Fact Waukon Dairy Conclusions of Law Waukon Township, Norman County And Order One potable well for domestic use One septic system (Riverview will install this adjacent to the apartment building) One weight scale (facility 114) Three 575’ x 575’ clay-lined liquid manure storage area (LMSA) basins that are 21’ deep (facilities 101, 103, and 104) with a synthetic cover One 150’ x 425’ clay-lined LMSA basin that is 21’ deep (facility 102) with a straw cover One 340’ x 600’ clay-lined LMSA basin that is 21’ deep (facility 105) with a synthetic cover One 200’ x 400’ concrete slab used for storage of separated manure solids (facility 106) One 120’ x 140’ shed with concrete floors for the processing and temporary storage of separated manure solids (facility 108) One 36’ x 36’ concrete tank that is 12’ deep for temporary liquid manure storage (facility 109) One 16’ x 32’ concrete tank that is 16’ deep for the temporary storage of parlor wash water (facility 116) One 80’ x 150’ concrete box that is 11’ deep for the temporary capture of feed pad runoff (facility 121) One 175’ x 770’ runoff infiltration basin that is 10’ deep for the temporary capture and storage of feed pad runoff (facility 203) 3. The Project would result in a new feedlot of 10,500 AU (10,500 mature dairy cows under 1,000 lbs.). 4. Riverview plans to begin construction in the fall of 2020. 5. Riverview’s actual construction dates are dependent on completion of the environmental review process, issuance of the Minnesota Department of Natural Resources (DNR) Water Appropriation Permit and the State of Minnesota General Animal Feedlot National Pollutant Discharge Elimination System (NPDES) Permit (Feedlot Permit) from the MPCA. 6. The Project will generate approximately 86 million gallons of manure and 15 million gallons of feed pad runoff annually after completion of the Project. Riverview utilizes a screw press to separate the solid manure from the liquid manure. The separated solid manure will be retained by the dairy and used as bedding in the dairy barn free-stalls. Excess solid manure may be sold to nearby dairies for use as bedding. The liquid manure is transferred to area farmers for application to cropland in the fall following harvest. 7. Riverview does not control the land on any of the manure application sites to be used for the Project. The manure recipient controls the land on all manure application sites to be used for the Project. 8. The manure recipient will use a licensed Commercial Animal Waste Technician (CAWT) who will transfer the manure from Riverview’s manure basins to all manure application sites. The CAWT will land apply manure to cropland according to Riverview’s MPCA approved Manure Management Plan (MMP). 9. Riverview has applied for coverage under the Feedlot Permit (MNG441961) on December 26, 2019. 2 On the Need for an Environmental Impact Statement Findings of Fact Waukon Dairy Conclusions of Law Waukon Township, Norman County And Order Procedural History 10. An EAW is a brief document designed to provide the basic facts necessary for the Responsible Governmental Unit (RGU) to determine whether an Environmental Impact Statement (EIS) is required for a proposed project or to initiate the scoping process for an EIS (Minn. R. 4410.0200, subp. 24). The MPCA is the RGU for this Project. 11. Minn. R. 4410.4300, subp. 29(A) requires preparation of an EAW for the Project because it is the construction of an animal feedlot facility with a capacity of 1,000 AUs or more. 12. The MPCA provided public notice of the Project as follows: a. The Environmental Quality Board (EQB) published the notice of availability of the EAW for public comment in the EQB Monitor on August 17, 2020, as required by Minn. R. 4410.1500. b. The EAW was available for review on the MPCA website at: www.pca.state.mn.us/eaw. c. The MPCA provided a news release to media in northern Minnesota, and other interested parties, on August 17, 2020. d. The comment period was to end on September 16, 2020. e. On August 19, 2020, the Minnesota Center for Environmental Advocacy (MCEA) requested that the MPCA extend the comment period for 30 days. f. On August 27, 2020, the MPCA notified Riverview that the MPCA would extend the comment period 30 days to October 16, 2020. g. The Environmental Quality Board (EQB) published the extended notice of availability of the EAW for public comment in the EQB Monitor on August 31, 2020, as required by Minn. R. 4410.1500. h. During the extended comment period the EAW was available for review on the MPCA website at: www.pca.state.mn.us/eaw. i. The MPCA provided a news release to media in northern Minnesota, and other interested parties, on September 1, 2020. j. Riverview’s application for permit coverage under the Feedlot Permit was open for public comment from August 17, 2020, through October 16, 2020. 13. During the 60-day comment period ending on October 16, 2020, on the EAW, the MPCA received one comment from the Minnesota State Historic Preservation Office, two comments from the DNR, and 85 comments from citizens. The MPCA also received late comments; these late comments did not include any new significant information. 14. The list of comments received during the 60-day public comment period are included as Appendix A to these Findings. 15. The MPCA prepared written responses to the comments received during the 60-day public comment period. These responses are included as Appendix B to these Findings. 3 On the Need for an Environmental Impact Statement Findings of Fact Waukon Dairy Conclusions of Law Waukon Township, Norman County And Order Criteria for Determining the Potential for Significant Environmental Effects 16.