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Published - Monday, May 18, 2009

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Future of tabled resolution uncertain

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The future of a tabled Vernon County Board resolution is uncertain and discussion about it received an indifferent reception at the county land and water conservation committee’s meeting last Thursday.

The resolution, entitled "Vernon County Request for Environmental Impact Study," would authorize the land and water conservation committee or the board of health to act on behalf of the county board to request that an Environmental Impact Study (EIS) be done, if deemed necessary, on any livestock facility applying for a WPDES permit within the county.

A WPDES permit is required of any concentrated animal feed operation (CAFO) before it begins operation. Currently Petry Trust of Rock-ford, Ill., is seeking a location on which to located a CAFO. To date, three sites have been identified as being either options by Petry or have been tested. At previous meetings of the land and water conservation committee (LWCC), Petry Trust representatives said they are looking to site a 3,200-head dairy CAFO.

In April, the county board tabled the resolution on a voice vote. Corporation counsel Greg Lunde said last Thursday that the county board would have to approve a motion by a two-thirds margin just to bring the resolution back to the county board floor.

Board of health member Dennis Brault spoke to the LWCC saying the board of health is putting together a letter that explains the resolution to county board members. Brault, Lunde and county conservationist Kelly Jacobs said that it appeared some county board members were confused by the "whereas" language in the resolution, which was background for why the resolution was brought forward.

The resolution includes seven "whereas" statements before the resolution appears.

"Can you see how there could be some confusion over this?" LWCC member John McClelland said.

LWCC members asked if the resolution could be rewritten just to refer to the Petry Trust project. Lunde said it could not.

When a WPDES permit is applied for, the DNR requires an environmental assessment. While the DNR in the past has said that it sees no difference between an environmental assessment and an EIS, the EIS clearly requires more information and is a more in-depth study of the environmental impacts of a WPDES applicant on a specific site.

To date, the DNR has only required one CAFO to have an EIS done, and that’s the Rosendale Dairy in Fond du Lac County.

Jacobs said that Vernon County’s karst geology would be a factor in the DNR requiring an EIS. Jacobs said that an EIS wouldn’t be done simply to appease a group, but "make sure we have our resources protected."

Committee chair Will Beitlich said he didn’t want to talk about the resolution too long, because it is under consideration by the county board.

The board will have an opportunity to discuss the matter again, if it so chooses, at its June 30 meeting.

A request by a municipality to have an EIS done in conjunction with a WPDES permit application is no guarantee the DNR will require one. The town of Franklin has already passed a motion saying that should a CAFO try to locate within its borders, it will request an EIS from the DNR.
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