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LaFarge’s Wild Rose Dairy responsible for two manure spills pursuing expansion
Wild Rose Spill 1
WILD ROSE DAIRY, a 1,000-animal-unit confined animal feeding operation in rural LaFarge, has been the site of two manure spills in less than two years.Photo courtesy of WDNR

LAFARGE - Wild Rose Dairy, a confined animal feeding operation (CAFO) dairy located in rural LaFarge, responsible for manure spills into Otter Creek in 2017 and 2019, is seeking WPDES permit renewal and to expand their operation.

Their permit, being drafted by Eric Struck, WDNR Senior Wastewater Specialist, has been published in a local newspaper for a 30-day comment period.

In that legal notice, it is stated that “the department has tentatively decided that the above specified WPDES permit should be reissued.”

The legal notice further reads:

“Persons wishing to comment on or object to the proposed permit action, the terms of the nutrient management plan, or the application, or to request a public informational hearing may write to the Department of Natural Resources at the permit draftees address. All comments or suggestions received no later than 30 days [from July 30, 2020] after the publication date of this public notice will be considered along with other information on file in making a final decision regarding the permit. Anyone providing comments in response to this public notice will receive a notification of the Department’s final decision when the permit is re-issued.”

“The Department may schedule a public informational hearing if within 30 days of the public date of this notice, a request for a hearing is filed by any person. The Department shall schedule a public informational hearing if a petition requesting a hearing is received from the U.S. Environmental Protection Agency, or from five or more persons, or if the Department determines there is significant public interest.”

To submit a comment, and/or to request that a public informational hearing be scheduled and held, contact:

Eric Struck

WDNR Senior Wastewater Specialist

3911 Fish Hatchery Road

Fitchburg, WI 53711-5367

608-275-3485

Eric.Struck@wisconsin.gov

In the legal notice, it specifies:

“Requests for a public informational hearing shall state the following:

• name and address of the person requesting the hearing

• the interest in the proposed permit of the person(s) requesting the hearing

• the reasons for the request

• the issues proposed to be considered at the hearing.”


Wild Rose Dairy permit renew/expansion public notice_073020
This public notice of Wild Rose Dairy, LLC, permit reissuance and notice of intent to expand was published in the July 30, 2020 issue of the Epitaph newspaper of Viola.

Current and plans

Wild Rose Dairy’s WPDES permit has been expired since March 31, 2015. They continue to be listed as a ‘1,000 animal unit dairy,’ but the public notice and permit fact sheet about the dairy’s application for reissuance of their WPDES permit states that the dairy currently has 1,784 animal units, proposes to expand to 2,202 animal units by October 1, 2020, and to 2,812 animal units by 2022.

The 2,202 animal units proposed to be part of the dairy’s operation by October of this year include:

• 65 dairy calves (an increase of five)

• 2,156 milking and dry cows (an increase of 777)

• 403 heifers – 400-800 lbs. (an increase of 47)

• 446 heifers – 800-1,200 lbs, (an increase of 200)

At 1,784 animal units, the facility is expected to generate 11,159,875 gallons of manure and process wastewater, and 6,123 tons of solid manure in the first year of the permit term.

By 2021, the operation is projected to generate 23,914,540 gallons of manure and process wastewater, and 1,242 tons of solid manure.

Penalties for spills

The permit fact sheet for the dairy’s WPDES permit application states the following about the cases before the Wisconsin Department of Justice for the dairy’s October 2017 and May 2019 manure spills into Otter Creek as a result of failures in drag line hose systems:

“DNR has referred the farm to the Department of Justice (DOJ) for enforcement related to previous discharge events and failing to timely submit a complete application for permit reissuance. The farm has since submitted a complete permit application and is currently in substantial compliance and has fulfilled all requirements for permit reissuance. The enforcement action at DOJ is separate from this permitting action. Issuance of a permit to the farm does not resolve or in any way affect the outstanding enforcement action at the Department of Justice.”


Department of Justice Director of Communications, Gillian Drummond, reported that as of Friday, July 31, 2020, "This case is still active and there is no update at this time." 

By "case" she is referring to the case against Wild Rose Dairy for the 2017 and 2019 manure spills and fish kills into Otter Creek, their failure to submit a timely application for renewal of their WPDES permit, and their failure to report the 2017 spill for more than 24 hours.


TU 1
This chart shows the numbers of brown and brook trout killed in area trout streams in the last two years in the Coulee Region. Three of the four fish kills occurred in 2019.

Previous Independent-Scout coverage of the 2017 and 2019 spills can be found at:

2017 spill – 30,000 gallons of manure, 1,069 dead trout, waited more than 24 hours to report the spill

https://www.swnews4u.com/local/sensitive-area-in-vernon-county-impacted-by-manure-spill/

2019 spill – 10,000 gallons of manure, 661 dead trout

https://www.swnews4u.com/local/dnr-releases-wild-rose-dairy-manure-spill-report/
Flood Mitigation Alliance reports good progress made
And more to do
VC FMA
THE FULL Vernon County Flood Mitigation Alliance are gathered in the same room. In addition to Vernon County staff, the group includes representatives from watershed councils as well as state and federal elected representatives.

VERNON COUNTY - At their first meeting with newly-seated watershed council members, the Vernon County Flood Mitigation Alliance found that good progress has been made, but there remains more to do. The group met in the Vernon County Board Room on Thursday, Nov. 21.

Voting members of the Alliance include Cassie Hanan, County Administrative Coordinator; Matt Allbright, Zoning Director and Interim County Conservation Director; Amy Oliver, Community Development; Brandon Larsen, Emergency Management Director (not present); Monique Hassman, Land Information Officer; Phil Hewitt, Highway Commissioner; Justin Olson, USDA-NRCS; Nancy Wedwick, Coon Creek Community Watershed Council; Kent McClurg, Bad Axe Stewards Watershed Council; Chad Erickson, Rush Creek Stewards Watershed Council (not present); and Mary Henry, Wayde Lawler, and Nathan Slack, county board supervisors.

Also attending were Beth Summers, Valley Stewardship Network; Berent Froiland, Tainter Creek Watershed Council; Marcy West, Valley resident and southern region representative to the Natural Resources Board; Stephanie from Wisconsin Wetlands Association; a precision agriculture specialist; representatives from Coulee Region Trout Unlimited; Loren Oldenburg, 96th Assembly Representative; Tara Johnson, 96th Assembly Representative elect; Brad Pfaff, State Senator; and Mollie from U.S. Representative Derrick Van Orden’s office.

Overview of efforts

Representatives of Vernon County departments gave an overview of flood mitigation efforts accomplished or ongoing that they have been involved in.

Monique Hassman discussed the assets available on the Vernon County website for those seeking flood mitigation efforts. Those assets include information about partnerships, and an archive of information about past efforts, including newspaper articles about the Alliance, the Monroe County Climate Change Task Force, and more.

“We are currently upgrading our website, so we hope to take the information and enhance it further,” Cassie Hanan observed.

“We never stopped our efforts, and have been pursuing flood mitigation in the county through different programs,” Matt Allbright explained. “Those programs and partnerships include Wisconsin Land+Water, Environmental Quality Incentive Program (EQIP) funding, our partnership with USDA-NRCS, DATCP Soil and Water Resource Management (SWRM) grants, nutrient management training and plan development funding, Water Quality Trading programs to help our municipalities with their needed sewer plant upgrades, our Conservation Aids grant from DNR, facilitating DATCP Producer-Led Watershed Council grants, field days, and school presentations.”

Allbright explained that in the zoning area, the county had promoted sustainable building practices, administered and enforced shoreland and floodplain zoning, contributed to the county’s Comprehensive Plan, helped to pursue a Pre-Disaster Flood Resilience grant through Wisconsin Emergency Management (WEM), worked with Valley Stewardship Network on a ‘Nine Key Element Plan’ for the Coon Creek Watershed, and taken part in implementing projects funded through Fishers & Farmers and FEMA Building Resilient Infrastucture and Communities (BRIC) grants.

“We are also just wrapping up the re-mapping of the Middle Kickapoo Watershed,” Allbright shared. “This was a project that involved Vernon, Richland and Crawford counties, and all three counties have recently signed off on the updated maps, which unfornately do not take into account the potential future loss of the flood control dams in the West Fork Kickapoo Watershed.”

Supervisor Wayde Lawler asked what the grand purpose of the BRIC grant funding had been?

“There were several initiatives accomplished with that funding,” Hassman explained. “Those included development of a more robust data set on a GIS-mapping platform of repeated damages in disasters dating back to 2007, which provides spatial and temporal dimensions to quantify impacts, development of the county’s ACPS tool to provide landowners with modeling for the impact of conservation practices at the field level, and acquisition of an updated digital elevation model.”

Amy Oliver reported that in her role, she had written and managed millions of dollars in grant funding. This has included FEMA grants to remove homes and businesses from harms way in the floodplain, and working with municipalities following the 2018 and 2019 floods to secure disaster recovery funding through DNR Municipal Flood Control grants.

Most recently, Oliver reported work on the application for a WEM Pre-Disaster Flood Resilience grant for $400,000. If awarded, this grant will fund Hydrology & Hydraulic assessments of the Coon Creek and West Fork Kickapoo watersheds, and completion of the county’s culvert inventory. She has also helped to apply for a Hazard Mitigation grant in the amount of $696,931. If awarded, this grant will fund replacement of county back-up generators, and installation of six generators in municipalities.

Lawler asked what a ‘Hydrology and Hydraulic’ assessment is?

“A hydrology study documents how much water travels through a watershed, and a hydraulic study documents the impact of that water on structures and infrastructure in the watershed,” Allbright explained. “We want to study the bridges and culverts in the area of the dams that may be decommissioned to ensure they are adequately sized to survive flood events, and configured so that they won’t contribute to flood damages.”

“Asking for $400,000 in a Pre-Disaster Flood Resilience grant is a big ask,” Rep. Loren Oldenburg observed. “In your application, you need to be sure to emphasize the history of flooding in the watersheds. Also, reach out to my and Senator Pfaff’s offices, and we will  write letters of support for your grant application.”

The group decided to wait until the next meeting for an in-depth review of Emergency Management Director Brandon Larsen’s activities since he was not present at the meeting. Briefly, Hanan said his office had overseen the update of the county’s Hazard Mitigation Plan, and had historically helped to develop a county flood resiliency scorecard and the ‘Survey 1-2-3’ tool and dashboard for online disaster damage reporting.

Review goals

After hearing reports from department heads, the group moved on to review of the ‘Flood Mitigation Alliance Goals’ document created by the earlier iteration of the Alliance. The listing of goals includes nine goals in the ‘Mitigation’ category, eight goals in the ‘Public Education’ category, and eight goals in the ‘Technology’ category.

Mitigation goals

After discussion, the group agreed the following mitigation goals were “ongoing,” and should be left as-is:

• Enforce floodplain ordinance

• Seek and secure funding for flood mitigation

• Identify high risk areas

• Address agricultural practices to reduce erosion and flooding

• Create and increase capacity for mitigation projects (eg. cost-share program)

• Encourage best-management practices (BMPs), nutrient management, managed grazing, woodland management, CREP, etc.

There was discussion about two goals regarding “securing” funding for flood mitigation and “raising awareness” for flood mitigation funding, and whether they were two separate goals.

“I see securing and raising awareness as two separate goals,” Nancy Wedwick contributed. Hanan said that perhaps a goal should be added to “work with watershed groups to raise awareness about flood mitigation funding.”

The group agreed that the mitigation goal, “Operate and maintain PL-566 structures” should be its own topic for a meeting.

“These goals are all written at a pretty high level,” Lawler observed. “At some point, we need to talk about ‘how’ and ‘when.’”

“Regarding the townships and zoning, the towns don’t have the manpower to enforce zoning,” Rep. Oldenburg said. “I’d like to see encouraging participation in the Farmland Preservation program added.”

“It would really help the towns if the county had countywide zoning,” Hanan responded.

“This seems like a good list, and can be customized to fit individual landscapes,” Senator Pfaff observed. “This list is very forward looking.”

Hanan asked the group if there were any mitigation goals that should be added?

“I hope you will consider adding a goal about building practices, similar to the kinds of things you see in areas that are prone to hurricanes,” Marcy West contributed. “I am also very frustrated with the FEMA practice of replacing flood-damaged infrastructure exactly like it was before the flood.”

Public education

After discussion, the group agreed the following public education goals were “ongoing,” and should be left as-is:

• Outreach and educational meetings, notices, flood mitigation demonstrations

• Create, update and disseminate informational materials

• Encourage and assist public participation in councils and watershed groups

• Seek and implement public comment/input

• Prioritize centralized location for public information and resources

• Create and disseminate flood preparedness/recovery guidance

• Provide flood preparation/response checklists and contact information

• Establish and train a volunteer network to respond to flood events and provide consistent messages to local communities

“For the last few years, our watershed council has had great success in building working relationships with people in county government,” Wedwick said. “I just want to thank all of you for your incredible work, and for being willing to attend our meetings and educate our members.”

As far as the ‘creating and disseminating flood preparedness/recovery guidance’ goal, Hassman pointed out that this is an area where EM Director Brandon Larsen has done a lot of work. She pointed out that Larsen is convening a ‘media workshop’ in December to help make plans for how local media can be a partner to the county in emergency situations.

Regarding the ‘establish and train a volunteer network’ goal, Hassman explained this had arisen after a variety of help sites had spontaneously formed after the 2018 flood. She said the idea is to coordinate citizen response efforts and resources.

“The county could facilitate recruitment and training of geographic point people across the county,” Lawler contributed.

“This actually makes me think of the training that FEMA volunteers receive,” Slack shared.

“Another option is that what might be needed is to develop a public communication plan,” 96th Assembly Representative elect Tara Johnson said.

Technology

After discussion, the group agreed the following technology goals were “ongoing,” and should be left as-is:

• Increase capacity for BMP installation (equipment and related software)

• Centralize records and make available to staff and community

• Use GIS software and tools to seek grant opportunities

• Collect data and perform mapping and modeling

• Revise contour and surface elevation using updated technology (eg. LiDAR)

Several goals under this section were considered to be complete, or at least partially complete:

• Develop and implement damage reporting software

• Develop and implement project and permit tracking software

“What about installing monitoring devices on flood prone tributaries like Monroe County has done?” Supervisor Mary Henry asked.

Allbright explained that Vernon County has devices like that placed only on the dams. NRCS’s Justin Olson pointed out that some licensing agreements NRCS has can be shared with partners without the need to use county resources.

“There are some stations in the Kickapoo River water shed, north of Ontario and in LaFarge, maintained by U.S. Geological Survey, that report on flow levels,” Marcy West pointed out. “I’d like to see a discussion of connecting monitoring technology to an emergency alert system, especially to warn recreationists on the river – the Kickapoo Valley Reserve needs an alert system.”

“I believe that Monroe County has implemented signs along roads and crossings which flash when there is a high water situation,” Henry said.

“It could be as simple as hooking up game cameras in flood prone areas,” Slack said.

“If you decide to move forward with monitoring stations, and identify funding opportunities, please let my office know,” Senator Pfaff said.

Next meeting

The group agreed they would not meet in December, with their next regular monthly meeting to take place in January. Amy Oliver will use an online poll to identify the best date and time for regular monthly meetings.