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HomeMy WebLinkAbout[03] Public Hearing -Conditional Use Permit- Norbert Bechtold TOWNSHIP OF A A SAINT 1OSEPH CITY OF ST. JOSEPH PO BOX 585 PO 80X 668 SL Joseph MN 56374 St Joseph MN 56374 320. 363 -8825 320 -363 -7201 lweyre►u@cityolstjoaeph•com NOTICE IS HEREBY GIVEN that the Joint Planning Board of the St. Joseph Township - City of St. Joseph will hold a public hearing on Monday, April 9, 2012 at 7 p.m. in the Town Hall to consider the petition of Norbert Bechtold Etal, St. Joseph, MN in reference to Section 4.4; 4.8; 4:14 6.7: , and 9.3 of Stearns County Zoning Ordinance #439. The request is to: 1) construct a 25' X 85' open lot with concrete curb; and 2) construct a 42' X 56' partial confinement barn with a 12' X 56' open lot. The site will house up to 326 animal units of dairy and beef cattle. The property is located in the SW4 of Section 9, T124N, R29W of the St. Joseph Township, Stearns County, Minnesota. All persons wishing to speak will be heard and oral testimony will be limited to five (5) minutes. Written testimony can be submitted to the St. Joseph Township, PO Box 585, St. Joseph, MN 56374. (e4 Ann Reischl Town Clerk Judy Weyrens From: Remer, Allison <Allison.Remer @co.stearns.mn.us> Sent: Monday, March 19, 2012 4:08 PM To: Judy Weyrens; 'ABRI1960 @Q.COM' Subject: Bechtold CUP I spoke with both of you about proposed changes Delroy brought up at the pre- construction meeting held t the farm last Friday. This e -mail summarizes the proposal so it can easily be traced in the future. Delroy would like to: 1.) Change the dimensions of the proposed 50' x 85' partial confinement barn to a 24' x 85' openlot with 4' concrete walls and gutter the existing adjacent barn. 2.) Construct a newly proposed 40' x 48' partial confinement barn with a 12' x 48' openlot (this structure was not on the CUP application approved by the Joint Planning Board9/26/2011). I informed Delroy as per our phone conversations that the decrease in the animal housing size would be allowed since it was not an increase in area and didn't show any pollution potential, but any newly proposed structure would require a public hearing with the Joint Planning Board. Please contact me if you need any further information. Thank you, R es,,.&, Environmental Specialist Steams County ESD 320 - 656 -3613 320 - 656 -6484 Fax 1 STATE OF MINNESOTA ST. JOSEPH JOINT PLANNING BOARD COUNTY OF STEARNS CONDITIONAL USE PROCEEDINGS In the matter of: A request for conditional use submitted by Norbert Bechtold, Etal to allow the construction of: 1) 25’ x 85’ open lot with concrete curb; 2) construct a 42’ x 56’ partial confinement barn with a 12’ x 56’ open lot. The site will house up to 326 animal units of dairy and beef cattle. The Joint Planning Board considered the issuance of the conditional use permit on April 9, 2012. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. PROPERTY ADDRESS: 30171 County Road 2 PROPERTY IDENTIFICATION NUMBER: See attached Exhibit “A” Findings of Fact The St. Joseph Joint Planning Board acknowledged the following in consideration of the request for Conditional Use to allow for the construction of the facilities identified above: 1. The subject property is currently zoned A-40 adjacent to the north and west and shares a common property corner with Commercial Zoning to the Northwest. 2. The proposed conditional use permit is consistent with the following sections of the Stearns County Comprehensive Plan: Land Use (sustain agricultural uses, minimize conflict with other land uses and use of existing infrastructure and resources efficiently); Natural Resources (Protecting the County’s agricultural resources); Economic Development (strengthen the economic diversity and agricultural economy). 3. The subject property is located in the City of St. Joseph Planning District 5and since the property is not being developed at this time the existing land use is allowed to continue as it currently operates. 4. The feedlot registered with Stearns County on September 29, 2009. 5. On September 26, 2011 the St. Joseph Joint Planning Board conducted a public hearing to consider a conditional use permit to: a. Replace 32’ x 40’ partial confinement barn b. Replace a 32’ x 72’ partial confinement barn c. Replace a 16’ x 100’ partial confinement barn d. Abandon a 10’ x 32’ partial confinement barn e. Construct a 56’ x 85’ partial confinement barn f. Abandon a 3.85 acres open lot g. Construct a 81’ diameter by 19’ high slurry store h. Increase from 324.1 animal units to 326 animal units of dairy and beef cattle. 6. On September 26, 2011 the St. Joseph Joint Planning Board approved a conditional use permit with the following conditions: a. The owner shall maintain all records of land application of manure as required by Minnesota Rules, Chapter 7020 or successor rules and Stearns County Ordinance #439. b. The owner shall maintain the Manure Management Plan for the farm per Minnesota Rules, Chapter 7020 or successor rules and Stearns County Ordinance #439. c. The applicant shall construct all proposed improvements according to engineering plans, specifications, and guidelines submitted with the application, unless otherwise approved by ESD or MPCA. d. The open lot to the north of the South Fork of the Watab River will be maintained as pasture. Open lot during any season will be prohibited. e. A berm will be constructed so as to protect the South Fork of the Watab River, in the event of spill. f. The applicant will secure all the necessary permits. 7. Since the Conditional Permit was issued, Stearns County Environment Services staff met with the property owner in a preconstruction meeting. During this meeting the property owner requested the following changes: a. Change the dimensions of the proposed 50’ by 85’ partial confinement barn to a 24’ 85’ open lot with 4’concrete walls and gutter the existing adjacent barn. b. Construct a newly proposed 40’ x 48’ partial confinement barn with a 12’ x 48’ open lot (this structure was not part of the CUP issued on September 26, 2011). 8. The revised site plan reduces the size of one structure but adds another structure, increasing the building footprint; requiring an amendment to the Conditional Use Permit issued on September 26, 2011. 9. Stearns County Environmental Service Staff have identified following facts: a. The proposed project when complete will address and satisfy runoff compliance issues from feedlot areas that flow to the Northwest towards the South Fork on Watab River. b. An EAW, NPDES and SDS permit are not required at this time. c. The site is not currently located in the floodway, but could be a floodway in the future based on preliminary information. The property owner acknowledges the potential impact and has decided to move forward regardless. d. Wetland staff reviewed the site on 9-6-2011, finding no issues with the proposed slurry storage or berm to be located within current feedlot and pasture ares. DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Joint Planning Board approves the request Norbert Bechtold Etal to amend the Conditional Use Permit issued on September 26, 2011 with the following contingencies: 1. Change the dimensions of the proposed 50’ by 85’ partial confinement barn to a 24’ 85’ open lot with 4’concrete walls and gutter the existing adjacent barn. 2. Construct a newly proposed 40’ x 48’ partial confinement barn with a 12’ x 48’ open lot (this structure was not part of the CUP issued on September 26, 2011). 3. The owner shall comply with all the requirements identified in section 6 of the Findings of Fact listed above with regard to Conditional Use Permit ST. JOSEPH JOINT PLANNING BOARD By Jerome Salzer, Chair By Ann Reischl, Secretary St. Joseph Township Clerk Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 Joint Stearns County and State of Minnesota Construction Short-Form and Interim Permit Application for an Minnesota Animal Feedlot or Manure Stora Area ! . Pollution �\� `� Control This permit application must be completed and submitted for Agency Construction Short -Form and Interim Permits. I. Owner's Name(s) and Address(es) Parcel Number: 31.20687.0000 Name: Norbert, Cletus, Delroy Bechtold Name: Address: 30171 County Road 2 Address: City: St. Joseph _ City: State: MN 56374 State: Phone: (37, ) :4' _ $gq) lk \ Ypy Phone: ( ) Note: If there are more than two owners, attach to this application the names, addresses, and phone numbers of all additional owners. At least one owner must the sign the permit application in Section XIV If this is a Limited Liability Partnership (LLP) all partners must be listed. II. Facility Name and Address (complete if facility III. Contact Person for Facility (this is the person that the name /address is different than information listed above) MPCA will contact with questions regarding the facility) Legal name of facility: ? J 4 , ,} � t rd � Name: be ova.' c h +o Ic1 Street: r Street: City /State /Zip: .3 , aS O �'`� Ow City /State /Zip: �. a 5 Phone: ( ) Phone: ( ) E -mail: IV. Preferred Mailing Address Permit, reports, and other correspondence should be mailed to (check only one): ❑ Owner Address in Section I ❑ Facility Address in Section II ❑ Contact Person in Section III V. Facility Location County: Stearns Township name: St. Joseph Township Range Section 'h Section: % of'/. Section Latitude Longitude (26 — 71 or 101 — 168) (1 — 51) (1 — 36) (NW, NE, SW, SE) (NW, NE, SW, SE) T 124 N R 29 W 9 SW NE VI. Reason for Application and Previous Permit Information List your registration number (if known): 145 -2445 B. List any existing feedlot permits: SCES -I 31 -693 C. Reason for application: (Check all that apply) ❑ 1. Original application for a Construction Short-Form (CSF) or Interim Permit. RECEIVED 111 2. Request for re- issuance of an existing CSF or Interim Permit MAR 27 ® 3. Request for modification of an existing CSF or Interim Permit. ❑ 4. Proposed new feedlot or manure storage area. ENVIRONMENTAL SERVICES ❑ 5. Proposed reuse of an existing feedlot or manure storage area not used for five (5) years or more. ❑ 6. Proposed increase in animal numbers at an existing feedlot. ❑ 7. Proposed expansion or modification of an existing liquid or solid manure storage area. ❑ 8. Proposed change in operation not described in 4 to 7, describe: ❑ 9. County Construction Site Permit. CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 1 of 11 wq- f3 -08(b) (Revised August 2005) VII.Animal Numbers and Animal Unit (AU) Calculation If you have an existing facility, list the maximum number of animals held at any given time for each existing animal type in column 3 below. Next, multiply the AU Factor in column 2 by the number of animals listed in column 3 to get the Existing AU Capacity for each animal type (column 4). Add the AU capacity numbers in column 4 for a total and enter the existing total at the bottom of the chart. If a new facility is being proposed, leave columns 3 and 4 blank. For both new and existing facilities, in column 5 list the proposed maximum number of animals that will be held at the facility at any given time during the five year duration of the permit. Next, multiply the AU Factor in column 2 by the number of animals listed in column 5 to get the Maximum AU Capacity for each animal type (column 6). Note: the number in column 5 should include existing animals plus or minus any expansion or reduction in each animal type. Add the AU capacity numbers in column 6 for the Final AU Total and enter the total at the bottom of column 6. 1. 2. 3. 4. 5. 6. Animal Type Animal Unit Existing Existing Maximum Maximum Factor Number AU Capacity Number AU Capacity (see note of Animals = column 2 of Animals (for = column 2 below) (leave blank if x column 3 new or after x column 5 new site) _ expansion) _ A. Dairy Cattle Mature cow (milked or dry) over 1,000 pounds 1.4 120 168 80 112 Mature cow (milked or dry) under 1,000 pounds 1.0 _ 30 _ 30 Heifer 0.7 75 52.5 30 21 Calf 0.2 _ 103 20.6 30 6 B. Veal Veal 0.2 1 1 1 C. Beef Cattle Slaughter steer /heifer, stock cow, or bull 1.0 53 53 86 86 Feeder cattle (stocker or backgrounding), heifer 0.7 50 35 Cow and calf pair 1.2 25 30 30 36 Calf (weaned) 0.2 D. Swine Over 300 pounds 0.4 Between 55 and 300 pounds 0.3 Under 55 pounds 0.05 E. Horses Horse I 1.0 I F. Sheep Sheep or Iamb 1 0.1 I 1 G. Chickens with a LIQUID manure system Layer hens or broilers I 0.033 I H. Chickens with a DRY manure system Broilers over 5 pounds 0.005 Broilers under 5 pounds 0.003 Layer hens over 5 pounds 0.005 Layer hens under 5 pounds 0.003 .i Turkeys _ Over 5 pounds 0.018 Under 5 pounds 0.005 J. Ducks Duck (with a liquid manure handling system) 0.01 Duck (with a dry manure handling system) 0.01 K. Animals not listed in A to J (AU factor in column 2 = average weight of the animal type divided by 1000 pounds) Animal type 1: 1: _ 1: 1: 1: 1: Animal type 2: 2: 2: 2: 2: 2: Existing Final TOTAL ANIMAL UNIT CAPACITY AU Total AU Total Add all numbers in column 4 for Existing AU total 324.1 326 Add all numbers in column 6 for Final AU total CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 2 of 11 wq- f3 -08(b) (Revised August 2005) Stearns Co added to checklist 02232010 VIII. Buildings, Lots, Manure Handling, Feed and Dead Animal Storage Areas Complete the table below for your animal holding, manure storage, and feed /silage storage areas. A list of common facility types is provided to choose from, or describe it in your own terms. If you have more than six animal holding, manure storage, and feed /silage storage areas on your site, please attach a separate sheet that includes the information requested below for each additional facility. Each of the facilities listed below should correspond to those provided on the sketch required in Section XI. A. Facility Number # 1 # 2 # 3 # 4 # 5 # 6 Write "Existing" New ", or 'Eliminating" Existing Existing Existing to be Existing Existing Existing replace with same dimension B. Types of Animal Confinement Areas Write approximate dimensions in feet in the space below (width x length) Total confinement barn 34' x 80' 96' x32' 1 32 >: 72' Partial confinement barn 60' x 80" 60' x 65' _I 36' x 20' I Open lot with runoff controls Open lot without runoff controls 42' x 75' shared 42' x 75' shared 42' x 75' shared 230' x 50' 25' x 25' w/1t2 & #4 w /41 & #4 wl41 & #2 Pasture access ( "X' or "d" if yes) X C. Facility Floor Type Place "X" or "ti' in appropriate box :Slats over manure storage Concrete slab • Earthen or dirt Other (describe) D. Liquid Storage Areas Write approximate top dimensions in feet in the space below (width x length x depth) Earthen or soil lined°` = . Poured reinforced concrete Composite lined Above - ground concrete tank Fiberglass -lined steel tank 1413 113 413 #13 413 1 Concrete block or stave pit Milk center wastewater storage Feed /silage runoff storage Other (describe - include other process wastewater storage) E. Handling Areas for Solid Manure, Feed and Dead Animals Note approximate dimensions in feet (width x length x depth) Stacking slab Stockpile Manure pack on lot or floor X X X X X X 'Feed storage areas (describe if covered , or uncovered) Dead animal treatment Other (describe) F. Animal Numbers Note: these animal numbers should total the same as proposed animal numbers listed on page 2 Mature Dairy cows (over 1.000 lbs.) 34 34 12 Mature. Dairy cows (under 1 lbs.) 6 24 Dairy Heifers 30 Dairy.Calves Veal Slaughter steer /heifer, stock cow or bull Feeder cattle - stocker /background /heifer 50 , Cow and calf pair 30$(efi astt'�`r`e)'' Beef Calves (weaned) • Swine over 300 lbs. 1 Swine between 55 and 300 Ibs. Swine under 55 Ibs. Horses Sheep or Iamb All Chickens w /liquid manure system Broiler chickens over 5 lbs. dry system Broiler chickens under 5113s. - dry system ..Laying hens over 5 Ibs. - dry system 1 Laying hens under 5 Ibs- - dry system Turkeys over 5 Ibs. Turkeys under 5 Ibs. Ducks Others (list types) 1. 2. CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 3 of 11 (Revised August 2005) Steams Co added to checklist 02232010 VIII. Buildings, Lots, Manure Handling, Feed and Dead Animal Storage Areas (continued) A. Facility Number #t 7 # 8 # 9 # 10 # 11 # 12 Write "Existing ", `New ", or "Eliminating" Existing to be Existing to he Existing (to he Existing Existing New replace with replace with abandoned) Q d r ( , same dimension same dimension 1+4-14-5 B. Types of Animal Confinement Areas Write approximate dimensions in feet in the space below (width x length) Total confinement barn 40- calf hutches 1 Partial confinement barn 32' x 40' 16' x 100' 10' x32' 12' x 20' 56' x 85' Open lot with runoff controls Open lot without runoff controls 25' x 51' 75' x165' 40' x 125' 16'x 24' Pasture access ( "X' or ' if yes) C. Facility Floor Type Place "X" or "ti' in appropriate box Slats over manure storage ,, Concrete slab X X Earthen or dirt X X X Other (describe) 1 D. Li • uid Stora • e A reas Write a • • roximate top dimensions in feet in the space below (width x length x depth) Earthen or soil lined Poured reinforced concrete Composite lined Above - ground concrete tank Fiberglass -lined steel tank #13 . Concrete block or stave pit Milk center wastewater storage • Feed /silage runoff storage Other (describe = include other process • wastewater storage) E. Handling Areas for Solid Manure, Feed and Dead Animals Note approximate dimensions in feet (width x length x depth) Stacking slab Stockpile v''r kS°st% fi0:; Manure pack on lot or floor X X X X X X Feed storage areas (describe if covered uncovered) z r Dead animal treatment - -' Other (describe).. F. Animal Numbers Note: these animal numbers should total the same as proposed anirrlall numbers listed on page 2 Mature Dairy cows (over 1,000 lbs.) Mature Dairy cows (under 1,000 lbs.) • (' Dairy Heifers Dairy Calves • :5 5 0 :" ., _5. Veal - Slaughter steer /heifer, stock cow or bull 43 11111.11, Feeder cattle- stocker /background /heifer Cow and calf pair , Beef Calves (weaned) Swine over 300 lbs. Swine between 55 and 300 lbs. x Swine under 55 lbs. ��:,��� < >�- , ,uw.:; . a Horses Sheep or lamb All Chickens w /liquid manure system Broiler chickens over 5 lbs. - .dry system Broiler chickens under 5lbs. - dry system Laying hens over 5 lbs. - dry system Laying hens under 5 lbs. - dry system Turkeys over 5 lbs. Turkeys under 5 Ibs. Ducks Others (list types) 1. 2. 1 -� CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 4 of 11 (Revised August 2005) Stearns Co added to checklist 02232010 VIII. Buildings, Lots, Manure Handling, Feed and Dead Animal Storage Areas (continued) A. Facility Number # 13 # 14 # 15 # 16 # 1 7 # 1 Write "Existing ", "New"; or "Eliminating" I New k1ri..7 t,» B. Types of Animal Confinement Areas Write approximate dimensions in feet in the space below (width x length) Total confinement barn I Partial confinement barn 447' XSl� Open lot with runoff controls ZS • x t3S + z' x Open lot without runoff controls Pasture access ( "X' or ' i' if yes) C. Facilit Floor T •e Place "X" or "1 ° ' in appropriate box Concrete slab l' j Earthen orAtfitiau Other (describe) D. Li. uid Store • e Areas Write a 'proximate to. dimensions in feet in the s •ace below (width x len • th x depth) Earthen or soil line• ;. ''""�" y -- -��� t .. Poured reinforced concrete • � .. Com.osite 1 Above ground concrete tank Fib- gla s-ti+ - e _t -e _n t 1! 11 Concrete block or stave • it -- -� ‘ 71- „, , t1T>£:fuara21C__l i 1 1 Feed /sila•e runoff storage . : •- Other -,,include other process wastewater stora • e 1 E. Handling Areas for Solid Manure, Feed and Dead Animals Note approximate dimensions iri feet (width x length x depth) Stackin. slab $toC Manure eack on lot o - -_ -� • Feed13 o f .r tt t 1 - 'rq'l -lr_7 '' 'oruticoVe ; • Dead animal treatment • _Other _r ! F. Animal Numbers Note: these animal numbers should total the same as proposed animal numbers'listed on page 2 Mature Dai cows (over 1,000 lbs. �. Dai Heifers p : Feeder cattle- stocker/back• Covland catf.• -1i i .. Beef Calves weaned • EtESE .1`11 �. Swine between 55 and 300 bs. �rlaL• 11- I Horses - ��- Shee• or Iamb; - All Chickens w /Ii•uid manure s - em -� B r011e • I Broiler chickens under 5bs. - d s stem La in• hens'e _ - ” La in. hens under 51bs. -d s tem Turke s under 5 lbs. Ducks 4 ° - : .• :' �` Others (list types) 2 CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 4a. of 11 (Revised August 2005) IX. Soils, Location, Surface Water, and Ground Water Features A. Soils. List the soil type or texture and depth to saturated soils at the facility as identified in the USDA Soil Survey Manual for your county or from a site - specific soil investigation. Owners submitting manure storage area plans and specifications, as required in Section XIII., item D., of this application, with a completed soils investigation should write "see enclosed" if included. 1. Soil type(s) or texture(s): 41A, 41B 2. Depth to seasonal high water table or saturated soils: >6', >6' B. Sensitive areas. The following information is needed to determine compliance with location restrictions. Questions 1 and 2 relate to restrictions in Minn R. chapter 7020. Questions 3 to 7 are necessary to evaluate mandatory Environmental Assessment Worksheet (EAW) requirements under Minn. R. 4410.4300, for new facilities of 500 AU or more and existing facilities expanding by 500 AU or more. Please answer if the facility (existing and proposed) is located wholly or partially in any of the following sensitive locations: 1. Shoreland: a. Are there any rivers or streams within 300 feet of the feedlot? ®Yes ❑No b. Are there any lakes or ponds with designated shoreland within 1,000 feet of the feedlot? ❑Yes No If you answered yes to (a) or (b), list the names of these water bodies and the approximate distance (in feet) to the feedlot. Name: South Fork of Watab River Approximate distance: 116' Name: Approximate distance: 2. A delineated flood plain? Yes )X] No QA 3. A state or federally designated wild and scenic river district? ❑Yes No If yes, name: 4. The Minnesota River Project Riverbend Area? ❑Yes No 5. The Mississippi Headwaters Area? ❑Yes No 6. A drinking water supply management area delineated under chapter 4720 where the aquifer is identified in the wellhead protection plan as vulnerable to contamination? Yes No 7. Within 1,000 feet of a known sinkhole, cave, resurgent spring, disappearing spring, Karst window, blind valley, or dry valley? ❑Yes ®No If yes to question 7, is the facility within 300 feet of a sinkhole? ❑Yes ❑No C. Wells. The following information is needed to determine compliance with Minnesota Department of Health Well Codes and Minn. Rules pt. 7020.2005. 1. Is the facility located within 100 feet of a private well; or within 1,000 feet of the following types of wells: a community water supply well, a well serving a public school as defined under Minn. Stat. §120A.05, a private school, excluding home school sites, or a licensed child care center where the well is vulnerable according to Minn. R. 4720.5550 subp. 2? ( jYes ❑No 2. What is the shortest distance On feet) from an animal holding area to a well? Approximate distance: "...lc Building /lot number from page 3: ' 3. What is the shortest distance (in feet) from a manure storage area to a well? Approximate distance: -.3 Z O 1 Structure /area number from page 3: .� D. Surface Tile Intakes. Are any surface tile intakes within 1,000 feet of animal holding, manure storage areas, or any other part of the production facility? DYes ti4No Approximate distance: Building /lot number from page 3: CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 5 of 11 wq- f3 -08(b) (Revised August 2005) Stearns Co added to checklist 02232010 X. Manure Management The type of manure management plan required for your facility depends on whether you transfer ownership of your manure to another person. Begin with part X.A. and follow the instructions to determine if you transfer ownership and which type of manure management plan you need to complete. A. Transferred Manure. 1. Answer questions 1.a. and 1.b. below to see if you (the feedlot owner /operator) transfer ownership of any of your manure. a. Is all manure from your feedlot applied onto land that is owned, leased, or rented by yourself? Yes g No El If you answer "Yes" then you do not transfer ownership of your manure and you can move on to Section X.B. If you answer "No ", go to the next question (1.b.). b. For all manure application sites not owned, leased or rented by the feedlot owner /operator, have you (the feedlot owner /operator) or employees working under your direction been given control of the field and nutrient planning decisions, including planning for nutrient rates, timing and methods? Yes (- No ❑ For fields where the answer is "Yes," ownership of manure is not transferred and you can move on to item B (non- transferred ownership). For fields where the answer is "No," manure ownership is considered to be transferred and you must complete item 2, below. 2. If all or part of the ownership of your manure is transferred, complete items a. through c., below. a. Approximately how much of your manure (in tons or gallons) has transferred ownership? b. For all manure where ownership is transferred, complete the manure management plan requirements as described in the MPCA guidelines "Manure Management Plan Requirements when Ownership of Manure is Transferred ", which can be found at the MPCA website at: http: / /www.pca. state. mn .us /hot/feedlot manaoement.html. For an Interim Permit submit the manure management plan with this permit application. For a Construction Short Form permit, be prepared to submit the plan if requested by your County Feedlot Officer or MPCA staff person. c. Where a land application agreement(s) exists for application of transferred manure to neighboring land how many acres are available under the access agreement(s)? Are the signed land application agreements enclosed? Yes ❑ No ❑ (see example agreement form at the MPCA website at: www. pca.state.mn.us /publications/ feedlots- landappagreementform.pdf) B. Non - transferred Manure. For all other manure (where ownership of manure is not transferred), complete items 1 and 2, below. 1. List the number of acres available for spreading non - transferred manure: Acres owned: `(p G Acres rented /leased: 1,2.00 Other acres where the feedlot owner /operator controls field and nutrient planning decisions: Are signed land application agreements enclosed for these acres? Yes ❑ No 21 (see example agreement form at the MPCA website at: www.pca.state.mn.us /publicat ions / feedlots- landappagreementform.pdf) fate►ve8' ( `_ )` � 2. Prepare a manure management plan that includes the required items in the MPCA guidelines "Manure Management Plan Requirements when Ownership of Manure is Transferred ", which can be found at the MPCA website at: http: //www.pca. state. mn. us /hot/feedlot- management.html. For an Interim Permit submit the manure management plan with this permit application. For a Construction Short Form permit, be prepared to submit the plan if requested by your County Feedlot Officer or MPCA staff person. CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 6 of 11 wq- f3 -08(b) (Revised August 2005) Stearns Co added to checklist 02232010 XI. Site Sketch. Use this page to draw a sketch of the existing facilities and any proposed facilities. The sketch must show the location of buildings, manure storage areas, silage and feed storage areas, milking center wastewater storage or treatment areas, and runoff control structures. The sketch must also show all tile inlets, wells, rivers or lakes, sinkholes, and water courses within 1,000 feet of the facility. Show the approximate path that water running off outside lots follows. Label barns. open lots, and manure storage areas on this sketch with the same number that each structure is listed under Part VIII. on page 3 of this application (i.e., Barn #1 on the page 3 should be labeled #1 on the sketch). atria, Cob+io`S CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 7 of 11 wq- f3 -08(b) (Revised August 2005) Stearns Co added to checklist 02232010 Z W 00 N 1- 1- e- U 0 O N cn Z MN AV 9 v w 6 P� NW o i ct cu oco o 0 LL F- r '. W o O cn N r = '1/4.,,, M ,n �. a, LL • �, M� U c o ° O = 1 in m "' MN I ,z; co !ti: co CO M F to W N \ co v, r, 0 TE IA ; Z IL o LL O W m op ce MNLL U - . , iiiii# ' . ' . o E `* a U a co ' k U r w C p U It -a a) o U O (V .1 ID 2 O G o N . r Y.. O _ ! w O r v LL c o �a p°— r El ° to - ' ? el Fli .91 P - as O E • i 00 '" Q m c Z • =Iwe • r ca ?V 0 oW �` W _E 2 cp o to o T IIt t to o Z - m U N O 2 m • Md" . 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O 9 o N . i m f _ , CJ (o m m O l;, O ' a ^ ) w `° .. i N '3Y=j ' Z VJ N C N . 10 ` am - E � m D N U x orb..... .. 0 i E m `o C o c (6 m were i ° y m a w � al n ' m w AL Nw•'rs:: • � E ....4....:17244::L"".71711";11. l rsw•N•w• ;N " . \i, H FILE NUMBER: PARCEL NUMBER: 31.20687.0000 APPLICANT: Norbert Bechtold Etal HEARING DATE: DESCRIPTION OF PROPOSAL: The are requesting to: Bechtold’s 1) construct a 25’ x 85’ open lot with concrete curb; and 2) construct a 42’ x 56’ partial confinement barn with a 12’ x 56’ open lot. The site will house up to 326 animal units of dairy and beef cattle. The following sections of the Stearns County Zoning Ordinance #439 apply to this application: Section 4.4 Planning Commission Section 4.8 Conditional Use Section 4.14 Animal Feedlot Permits Section 6.7 Animal Feedlot Standards Section 9.3 Agricultural District A-40 REASON FOR REQUEST: Section 6.7.3 D (6) requires a CUP for modification or expansion of an existing feedlot of >300 animal units within one mile of the incorporate limits of a city. SITE INFORMATION: Location The feedlot is located in the SW4 of Section 9, T124N, R29W, St. Joseph Township. Property This existing feedlot is located on a 159.55acre parcel. County Zoning The site is zoned A-40, adjacent properties to the North, West are also zoned A-40. Adjacent property to the South and East is the city of St. Joseph. The property shares a common property corner with Commercial zoning to the Northwest. The Orderly Annexation Agreement between St. Joseph Township and the City of St. Joseph borders the parcel the East and South. CONSISTENCY WITH THE STEARNS COUNTY COMPREHENSIVE PLAN: The following portions of the Comprehensive Plan are related to this application: LAND USE PLAN (Pg 3-9) Goal1: Sustain agriculture as a desirable land use for the long term.  Objective 1: Nurture and preserve a sound agricultural economy. Goal 2: Minimize land use conflict between agriculture and other land uses. Page 1 of 4 Goal 5: Use existing infrastructure & resources efficiently. NATURAL RESOURCES PLAN (Pg 4-12) Goal 3: Protect the county’s agricultural natural resources  Objective 2: Encourage sustainable agricultural practices that protect agricultural soils and waters for future generations. ECONOMIC DEVELOPMENT PLAN (Pg 7-25) Goal 1: Maintain and strengthen economic diversity.  Objective 1: Promote and retain agriculture in areas with highly valued agricultural land or economically viable animal agriculture operations.  Objective 6: Provide for the continued viability of the rural small town as an agricultural service center. Goal 3. Strengthen and diversify the agricultural economy.  Objective 1: Strive for and support higher farm profitability and family farm stability. ADDITIONAL RELEVANT INFORMATION:  The site was granted a Conditional Use Permit by the City of St. Joseph and St. Joseph Township Joint Planning Board on September 26, 2011the with following conditions:  The owner shall maintain records of land application of manure as required by Minnesota Rules, Chapter 7020 or successor rules and Stearns County Ordinance #439.  The owner shall maintain the Manure Management Plan for the farm per Minnesota Rules, Chapter 7020 or successor rules and Stearns County Ordinance #439.  The applicant shall construct all proposed improvements according to engineering plans, specifications, and guidelines submitted with the application, unless otherwise approved by ESD or MPCA.  The open lot to the north of the South Fork of the Watab River will be maintained as pasture. Open lot during any season will be prohibited.  A berm will be constructed so as a to protective to protect the South Fork of the Watab River, in the event of a spill.  The feedlot registered with the county on 9/29/2009.  The proposed project when completed will address and satisfy runoff compliance issues from feedlot areas that flow to the Northwest towards the South Fork on Watab River. Page 2 of 4  The applicant has a Manure Management Plan for the 2011 crop year.  An EAW, NPDES and SDS permit are not required at this time.  The site is not currently located in floodway, could be floodway in the future due to preliminary information.  Wetland staff reviewed site 9-6-2011, found no issues with proposed slurry store or berm to be located within current feedlot and pasture area. See attached memo. FEEDLOT REVIEW COMMITTEE MINUTES/RECOMMENDATIONS : Allison Remer reviewed the application and staff report. She explained that the request will be heard by the Joint Planning Board. The Committee only has the opportunity to comment today since it will be going before the Planning Board in April. Because the applicants are requesting a new structure, they need another hearing from the Joint Planning Board. The County’s permit would just be amended if approved. The Bechtolds had an approved conditional use permit (CUP) in 2009. Mike Wehlage asked whether they had a big feedlot in the NW corner. Allison Remer replied yes and explained that the applicants must follow the conditions of the existing CUP. Dale Walz asked about the water between buildings #3 and #4. Allison Remer explained that the water would be collected into a basin and pumped into the proposed slurry store. Mike Wehlage asked whether #13 (shown on the photo in the packet) was a slurry system. Ms. Remer replied yes. Dale Walz asked when the Joint Planning Board meeting would be. Allison Remer replied that she was not sure, but the public noticing had to be done by today (3/28/12). Dennis Ritter asked whether a manure management plan had been completed for 2012. Allison Remer replied yes. With no further discussion, a motion was made by Dale Walz, seconded by Craig Roerick, to recommend approval of this application to the Joint Planning Board. Motion carried unanimously ACCESS: The farm has one driveway access off County Road 2. STAFF RECOMMENDATIONS: If this application is approved, staff recommends the following conditions: A. The owner shall maintain records of land application of manure as required by Minnesota Rules, Chapter 7020 or successor rules and Stearns County Ordinance Page 3 of 4 #439. B. The owner shall maintain the Manure Management Plan for the farm per Minnesota Rules, Chapter 7020 or successor rules and Stearns County Ordinance #439. C. The applicant shall construct all proposed improvements according to engineering plans, specifications, and guidelines submitted with the application, unless otherwise approved by ESD or MPCA. Attachments to this Staff Report:  County Feedlot “Construction Short Form” (CSF) Application  CUP application  2010 Aerial Photo of the farm  700’ setback from feedlot [neighboring homes]  Memo form wetland staff Dated 9-7-2011 Page 4 of 4 XII. Required Notifications for Permit Application Process. The notifications under items A through C are required to be done during the permit application process. Additional notices are required to be made by the feedlot owner /operator in accordance with 1) Minn. R. 7020.2002 during removal of manure; 2) Minn. R. 7020.2100, subp. 5, for construction of a liquid manure storage system; and 3) Minn. R. 7020.2125, subp. 4.E., for construction of a permanent manure stockpile area. A. All Facilities: Notice to County, Township, and City Authorities. An owner of an animal feedlot or manure storage area (facility) proposing to construct a new or expand an existing facility of any animal unit (AU) capacity shall complete the information listed below and submit a copy to all local units of government that may have zoning authority over the project (e g., if the project is located in a township, submit the form to the township and to the county). Name of owner(s) or legal name of facility: ( L }LS t r ;c n Ri.. k-1n (Please Print) Location: Stearns St. Joseph 9 SW NE County Township Section '/ Sec. '/ of % Type (species) of livestock: Cattle (Dairy & Beef) Total AUs: 326 Type(s) of confinement buildings, Tots, and animal holding areas: Total and Partial Confinement Barns and Openlots Type(s) of manure storage areas: Penpack on lots and in Buildings proposed Slurry Store (LMSA) List the local authorities that have been notified: County Stearns Township and/or City: St. Joseph B. 500 or More AU: Notice to residents and property owners within 5,000 feet of a proposed project. 1. Notice Methods. An owner of an animal feedlot or manure storage area that is proposing to construct a new or expand an existing facility to house 500 AU or more, or store the manure generated by 500 AU or more (after construction or expansion), shall not less than 20 business days before the anticipated issuance date of the permit, provide notice to each resident and each owner of real property within 5,000 feet of the perimeter of the proposed facility. This notice must be completed in one of the following methods: • Newspaper Notice. Publish in a newspaper of general circulation within the affected area a notification containing the information listed in item A., above. • Written Notice: Send a written notice to each resident and owner of real property containing the information listed in item A. above. This notice may be delivered by first -class mail or in person; or • Conditional Use Permit Notice: Provide equal or greater notification than that required in item A. above as part of obtaining a county Conditional Use Permit. 2. Verification of Notice. I have attached the information that documents that the necessary steps have been taken to complete the notice method not less than 20 days before I expect my permit to be issued. This information consists of one or more of the following forms of notice (check all that apply): ❑ A list of all parties, with their location, that were personally visited with a date and signature from each party; ❑ A list of all parties, with their location, that were personally visited with certification signed by a notary public indicating in detail what was discussed; ❑ A list of all parties, with their location, that were notified by certified mail and copies of all signed certified mail return receipts; and /or ❑ An affidavit of publication from the newspaper used to provide this notification. C. Public Meeting for Facilities with less than 1,000 AU. If your facility : - Will have a capacity of less than 1,000 AU; and - Is constructing a new facility or expanding an existing facility, Has a public meeting been held, or will a public meeting be held, where citizens will be provided an opportunity to give input regarding your facility? Yes ® No ❑ If "YES ", provide the date: CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 8 of 11 wq- f3 -08(b) (Revised August 2005) Stearns Co added to checklist 02232010 XIII. Required Enclosures (Permit applications submitted without all required enclosures are incomplete.) A. Site Sketch required under Section XI. B. Aerial Photograph of the land within 1,000 feet of the facility. The aerial photograph must show the location of buildings, manure storage areas, silage and feed storage areas, dead animal storage areas, milking center storage or treatment areas, and runoff control structures. C. Manure Management Plan including the information listed in Section X (interim permit applications only; submit the manure management plan with construction short form applications when requested by the County Feedlot Officer or MPCA staff person). D. Plans and Specifications for construction of any liquid manure storage area. If construction, expansion, or modification of a liquid manure storage structure is proposed as part of this permit application, plans and specifications that meet the requirements in Minn. R. 7020.2100 are to be developed and submitted with this application. If construction, expansion, or modification of a permanent manure stockpile site is proposed as part of this permit application, and the stockpile site requires a liquid manure storage area for runoff containment, the owner must include plans and specifications required in Minn. R. 7020.2100. E. Notifications required under Section XII. XIV. Applicant's Agreement and Certification I, the undersigned applicant(s), in accordance with Minn. R. chapter 7020 for the control of pollution from animal feedlots and manure storage areas and the Code of Federal Regulations 40 * 122, hereby apply to the MPCA for a permit to construct, expand, and /or operate an animal feedlot or manure storage area under a construction short form and /or an interim permit. I certify that, in accordance with Minn. R. 7020.0505, subp. 4, item E, and 40 CFR 122.21, I will submit additional information relating to the facility design, construction, or operation as requested by the MPCA to evaluate compliance with applicable federal and state laws and rules. I hereby certify that the design, construction, and /or operation of the facility described in this permit application will be in accordance with the plans, specifications, reports, and related communications approved by the MPCA or delegated county feedlot pollution control officer and on file in its office; and in accordance with the conditions that have been or may be imposed in the permit or any applicable regulations or standards of the MPCA. I further certify that the design, construction, and operation of the facility will be in full compliance with the MPCA feedlot rules, Minn. R. chapter 7020. I also certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of tine and imprisonment for knowing violations. A Name (print): G / t✓ S 6ez 4 MI OC 1 13 y d 414 Official Title (print): O l - 'J lni��. � / Phone Number: (3)0 3 G j U_$ l 3 ) Signature: � � r 7.�D-�� !_= : / D. to signed: a') / CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 9 of 11 wq- f3 -08(b) (Revised August 2005) Stearns Co added to checklist 02232010 FEEDLOT OWNER AND /OR OPERATOR AGREEMENT: I hereby certify that I am the owner of the property specified within the application materials or the authorized agent for this Animal Feedlot and that the information contained herein is correct. I agree to do the proposed work in accordance with the provisions of the Ordinances of Stearns County, Minnesota. I further agree that any plans and specifications submitted herewith will become part of the permit file and further understand that this information shall be considered public information. Signature of this application authorizes Environmental Services Staff to enter upon the property to perform needed inspections. Entry may be without prior notice. � r,/,„. A mJ 3 -J 3 1J- SigThature of Property Owner Print Name Date _d Signature of fa - signated Feedlot Operator Print Name Date (If Different Than Property Owner) 1 TOWNSHIP USE ONLY o Approve (For those townships that have a feedlot ordinance, rules, or regulations and require permits for the construction and or operation of animal feedlots). o Deny (For those townships that have a feedlot ordinance, rules, and regulations and require permits for the construction and or operation of animal feedlots). Specify why the permit was denied below. o Non- applicable (This township does not require animal feedlot permits and does not have a feedlot ordinance, rules, or regulations). Therefore, Stearns County and /or State of Minnesota have jurisdiction. Comments and Requirements from Township (If any apply): Township Permit Number: Expiration Date: Signature of Township Official Print Name Date Signature of Township Official Print Name Date a ENVIRONMENTAL SERVICES DEPARTMENT USE ONLY 8 All application materials, attachments, necessary documentation, and signatures have been received. This permit application meets the requirements set forth by Steams County and the State of Minnesota regarding the construction and operation of Animal Feedlots. Therefore this permit application is approved and the Applicant/Permittee /Animal Feedlot Owner or Operator shall initiate construction and operation activities. ❑ Interim Permit ❑ CSF Permit ❑ Certificate of Compliance ❑ CUP ❑ Variance ❑ NPDES ❑ SDS General Comments (If any apply): Becky Schlorf Von Holdt, Division Supervisor Date CSF and Interim Permit Application for an Animal Feedlot or Manure Storage Area Page 10 of 11 wq- f3 -08(b) (Revised August 2005) Stearns Co added to checklist 02232010 RECEIVED MAR 2"7 2012 APPLICATION FOR CONDITIONAL USE PERMIT General Application EIJVIHoNle ii f_livi eS Environmental Services Department Administration Center Rm 343 - 705 Courthouse Square - St. Cloud, MN 56303 320- 656 -3613 or 1- 800 - 450 -0852 - Fax 320 -656 -6484 As set forth in Section 4.8 of Stearns County Zoning Ordinance #209 Application Fee: $ 500.00 File No. Receipt No. Zo t2,-00e5090/ SEE ATTACHED CORRESPONDING NUMBER FOR EXPLANATIONS Property Owner_ Norbert, Cletus. Delroy Bechtold Phone 320 -352 -6396 Mailing Address 30171 County Road 2 Property Address 30171 County Road 2 Parcel I.D. Number 31.20687.0000 Township St. Jos h Section 09 Legal Description Zoning District A -40 Section of Ordinance 4.4, 4.8,4.14,6.7, 9.3 Proposed Use Feedlot Section of Ordinance 4.4. 4.8,4.14.6.7, 9.3 Overlay Districts ® Shoreland: Water Body Name South Fork of the River Lake No. Classification o Floodplain 1. Detailed Description of Request ul !+ * foI(rCiACS ,PS/Na '{ p Cl( iX /h-- �Y r' 1 eoai 66l t N1a tec.. 6aor — eim h J h ei i !- oCo1�7'M -�'ti f 7.) ha "'""4 P a/2 / )a ?'t.. .� tine( Q 3wwyr f \ 2. eason for Request �'! v f a h� Lo ���-� , j o �'li,e- s-� rk-- e 3. What type of road access (a) and visibility (b) do you have? (show on site plan) U LASS F F 4. How will you manage erosion (a) and storm water (b) on your property? Fa) B 4, 5. Grading plan required? Y C: \Documents and Settings\asremer\Desktop \Klaphake General Application.doc 6. Wh `ype of fencing (a) and screening (b) will be provided to buffer the use from adjacent uses? 7. Describe any lighting that will be located on the property? (show on site plan) ,/ 4_ 8. What type of parking and loading facilities will be on the property? (show on site plan) (2I a9 Ad K / 'm h, ce 9. Describe any signage that will be located on the property? (off building - show on site plan) PO n 5014 /c. 10. For signs on a structure, a building elevation is required: Building and Setbacks (As shown on site plan) 11. Dimensions 17. Lot Size 12. Height 18. Lot Coverage 13. Road type 19. Front (OHWL) Setback 14. ROW Setback 20. Rear Setback 15. Centerline Setback 21. Side Setbacks 16. Feedlot Setback Note: In order to fully evaluate the proposed use, please supply a site plan map that shows all applicable distances, setbacks, buildings, roads, etc. Property Owner's Signature Date -d3 / 1 Signature of this application authorizes Environmental Services Staff to enter upon the property to perform needed inspections. Entry may be without prior notice For Office Use Only Wetland Data — Are Hydric soils present? ( ) Yes or ( ) No Are there any limitations? ( ) Yes or ( ) No Specify any site limitations Flood Plain Data — Certification of bottom floor elevation above the Regulatory Flood Protection Elevation Required? ( ) Yes or ( ) No If yes, list the elevation and provide form ( ). C:\Docurnents and Settings\asremer \Desktop \Klaphake General Application.doc t ST. JOSEPH Al • T124N - R29W i _._ S Si Wendel Page 85 0 320TH ST ca � \ � O '-1' , MULLEN CC F C t i1 f I RD 6 \R 'le, , :Fork �1 3 31 ' 1 z V ,f_., 3041 H w 1 1 S T u, x � �4. © ;1 , 2 DELTA CIR o ul w \ �$ 3. 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