Foster County Planning & Zoning Board

~Citizens against the Mega-Dairy LOCATION ~

Join Us, and Prevent the STINK!

NOTICE:  Our concerned citizens meeting took place at the Armory in Carrington on February 12, 2008,  with approximately 40 people attending.  The main concerns addressed were: the location of the Mega-dairy and its closeness to Carrington and the Carrington aquifer... the possibility of it contaminating our ground water; the fact that we need stricter county regulations regarding large CAFO's (Concentrated Animal Feeding Operations such as this Mega-dairy) that want to come to our area; that much of the planning for this proposed Mega-dairy in Carrington was done by some community leaders without notifying the general public. 

Read about a recent manure spill from a mega-dairy lagoon in Maryland.  Do we want to take a chance that something like this could happen to Carrington?

Manure spill could mean months of temporary water supply
Originally published

January 30, 2008
By Gina Gallucci - Frederick News-Post Staff - Maryland

WALKERSVILLE -- For town residents who remember the 1999 sewage spill that forced them to use a makeshift water supply for five months, this could be worse. Test results this week from untreated water show the levels of bacteria and E. coli are greater than in 1999, said Mike Marschner, director of the county's Division of Utilities and Solid Waste Management.

The contamination is the result of a manure lagoon pipe that burst last week, said town commissioner Chad Weddle. The burst actually created two spills, one on Jan. 22 and a second Friday night into Saturday morning.

This spill took about four days to infiltrate the town's water supply, compared to 1999 when it took nine days, Marschner said.

These findings were released during a press conference Tuesday afternoon at Town Hall. The meeting room was packed with media, town and county officials and concerned residents.

More...

Thursday, Jan. 31, 2008
Farmer apologizes for massive manure spill

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"One fear is that what happened in Walkerton, Canada, could happen in our community. In the small Ontario town, which is the site of several dairy farms, seven people died and 2,300 became ill  ...  after drinking water polluted with E. coli, a bacteria contained in cow manure. Cow manure washed into a nearby well after a heavy rain, causing the health crisis, says Peter Rehak, spokesperson for the Walkerton Inquiry, a public commission established to investigate the tragedy."

-Metro Times - Detroit-

CRITICAL MEGA-DAIRY ENGINEERING PLAN NOT AVAILABLE TO PUBLIC...   WHY?

3/7/08  The following letter was a follow-up to one which our citizens committee  addressed to Paul Murphy (the attorney who represents the Foster County Planning and Zoning Board). 

March 7, 2008

To:  Members of the Foster County Planning and Zoning 

        Board:  Dwayne Erickson, Don Frye, Leslie Greger,

       John  Holth, Justin Spickler, Illa Zink, Tom Zink

On February 29, 2008, the attached letter, regarding the much discussed issue of the proposed dairy, was served to the attorney who represents your board. 

The subject of our letter to Mr. Murphy addressed the problem of not being able to examine all of the “evidence” in support of the proposed dairy, namely the “engineering report.”  This report, from what we understand, was submitted with no other copies.  In any case, without our being able to examine this “engineering report,” we will not be able to test the validity of its assumptions.  For all we know, the person surveying the property for the report wasn’t even on the correct section.

Once again, we strongly request/demand that we be provided with a copy of the report and a proper amount of time to confirm every statement of fact and assumption the report makes.  The right to be heard and offer proof - regarding an issue of such importance to the welfare, health and future of our county - can not be short changed for the sake of a proponent’s impatience with the application process.

Therefore, we respectfully demand that a copy of this “engineering report” be made available to us immediately.  Once we receive the report we will need an adequate amount of time to have this report examined by the members of our group and our engineers.  We would consider five weeks from the date of the delivery of the aforementioned report as the minimum amount of time for this review.

Considering all the lives to be effected by the decision that your board will have to make regarding this issue, doesn’t this project deserve the facts from all sides to be revealed and examined?  Being respectful of the rights of all parties can avoid this from being pursued or examined by the courts. 

Sincerely,

 Ted Keller, Representative Member

www.StinkFreeCarrington.com     

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The following is a digital copy of the original letter written to Paul Murphy, attorney for Foster County.

Ted Keller

511 1^st Street North

Carrington, ND 58421

701-652-1609

www.StinkFreeCarrington.com

February 29, 2008

PERSONAL SERVICE

Paul Murphy

Attorney for the County of Foster

909 Main Street

Carrington, ND 58421

Re:     Application for Conditional Use Permit Van Bedaf

                   Dairy

           Objection to Continued Date for Hearing

Dear Mr. Murphy:

Since you were in attendance at the Planning and Zoning hearing on February 26, 2008, I am sure you are aware of the group in opposition to the proposed Van Bedaf Dairy – a group of which I am a member.

The reason for my letter is to accelerate the exhaustion of administrative remedies regarding a critical issue which will deprive our grass-roots citizens’ organization of due process, free speech, right to petition government for redress of grievance and a fair hearing before an impartial tribunal.

This issue is regarding the date selected by the Board for the re-hearing or continued hearing of the APPLICATION FOR A CONDITIONAL USE PERMIT.  Prior to the first hearing, the following documents were not contained in the file in support of the APPLICATION FOR A CONDITIONAL USE PERMIT and were not available to the public for inspection.  These documents include the following letters, documents and reports which were made a part of the official record in consideration of the application:

Letters:

North Dakota Department of Agriculture

Harvey Hoff

Leduc Veterinary

John Whaley

North Dakota Ethanol Producers Association

Joseph & Kathleen Axtmann

Dale & Diane Rosenberg

ND RECs – Dennis Hill

Allen Tellmann

Michael Hayes

Reports:

Engineering Plan

Producer Profile

Dairy Coalition Power Point Presentation

As stated before, none of these documents were available to our group or any other members of the public, either for inspection of copying prior to hearing.  One of the most critical documents, the “Engineering Plan,” is still not available for copying at the writing of this letter.  Therefore, we were unable to examine these documents and test their credibility, authenticity and accuracy.  Without proper notice we are fettered in our ability to accurately prepare for the rehearing or the continued hearing of this matter.    As well, unless our group of citizens and expert witnesses are given adequate time to properly review all the aforementioned documents, our right to a fair hearing of these issues will be violated.

Considering how many citizens took the time out of their busy lives to travel and attend the hearing, it is imperative that every one’s rights be protected.

I realize that you are not a member of the board and only act as their legal advisor.  For that reason, I have taken this issue directly to you because you will ultimately be in the position to defend their actions, should their actions require extraordinary review.

Therefore, in regards to this issue, we respectfully demand that you confer with the Board Members and have the Board reset the hearing to a date which is at least five weeks from the hearing.

Notwithstanding which way the Board decides this issue, I am sure that you will agree that proper notice and procedure will protect the rights of al concerned parties.  I am sure that you share the belief that due process of law should be the paramount goal of all governmental proceedings.  As well, proper procedure could avoid ancillary proceedings or a judicial nature.

Thank you for your time and consideration.

Our group is awaiting your immediate response.

Sincerely,

Ted Keller, Representative

Citizens for Stink Free Carrington

Click here to print out a copy of the petition.

Near a Large Dairy in ID

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AS-1155
Scott Birchall, Livestock Waste Management Specialist

"One of the most important decisions when planning any livestock facility is site selection. The site for the feedlot operation must not only be suitable for housing, handling and feeding cattle, but also must ensure that surface and ground waters are protected and that the impact from odors is minimized. Whether you are planning a new facility or modifying an existing one, the following checklist may help avoid costly mistakes....

Odor
Minimizing the impact of odor on neighboring residents is a combination of:

~Recognizing the prevailing wind direction. In North Dakota, this is usually from the north west or south east (or north/south in the Red River Valley).
~Using topography to your advantage. Odor tends to "drain" down slope in the evening in summer.
~Reduce visual impact. Visual confirmation of dust is more likely to result in odor complaints. Windbreaks will also help break up odor plumes and provide stock protection.
~Providing a buffer distance to the neighbors. It is difficult to specify a particular buffer distance without taking into account the previous factors. Be aware that odors from some larger facilities have been detected 4 to 5 miles distant. Anyone planning a facility within 1 to 2 miles of neighboring dwellings will have to provide more detailed information on how they plan to minimize odor."

Read More...

(The above web site

-produced by the North Dakota State University
NDSU Extension Service-

is extremely informative about the precautions that should be taken regarding livestock waste management.  How does the proposed MEGA-dairy intend  to address these concerns?)

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When the wind blows across the MEGA-dairy lagoon and toward town, say good-by to outdoor family gatherings and visits on the front porch.