County board reaches 2-2 impasse on Reichmann IUP
News | Published on November 7, 2022 at 11:31am CST
By Melanie Stegner
The Pope County Board of Commissioners reached a stalemate at last week’s meeting regarding an interim use permit (IUP) for a non-confinement feeding area (NFA) by Reichmann Land and Cattle.
The IUP was brought before the board with a recommendation for approval by the Pope County Planning Advisory Commission (PAC).
As the IUP presented to the PAC, the request included the winter grazing of 9,296 cattle over 2,116 acres (roughly 4.4 head/acre) of non-intensive agricultural zoned land post-harvest. “This has been a permitted activity since 2008 and was amended in 2022 creating this process with more specific standards,” Land and Resource Management Director David Green stated. “The changes we made in 2022 just included requesting more information be available to the board of commissioners that was already available to the PAC.”
The acreage spans over 13 sites in Westport and Leven townships. For perspective purposes, 2,116 square acres is equal to 3.3 square miles. Cattle grazing on cornstalks is not a new practice and has many advantages including cost benefits and environmental benefits. According to the University of Minnesota Extension, grazing benefits the land as a tool for conserving wildlife habitat, decreasing soil compaction, erosion and run-off. Correct stocking of forage ground can eliminate the need for using fertilizers and chemicals by increasing the organic matter in the soil naturally. Organic waste from cattle includes several important nutrients including nitrogen, phosphorus, potassium, sulfur, magnesium and calcium.
In a typical winter, cattle may be supplementally fed while grazing to prevent overgrazing and ensure cattle have the nutrients necessary to survive during the winter months. Supplemental feeding can also be used to help distribute grazing more evenly. If there are sensitive features in a pasture, the cattle can be deterred from this area by having the supplemental feeding area in another section of the pasture, in turn decreasing activity near the sensitive area. This kind of feeding gives the farmer more control over when and where the cattle are grazing, making it an important part of land management.
Reichmann Land and Cattle submitted over 100 pages of maps and soil tests to the PAC with the application showing soil quality and nutrient composition. The phosphorus, nitrogen and potassium levels in the soils as they are tested are all well within safe levels of the nutrients. Safe phosphorus levels run from 22 to 75 ppm and according to the soil tests the planned grazing will be over land containing 16 to 46 ppm of phosphorus levels.
The PAC recommended approval of the IUP with conditions including some decreased stocking levels, an obligation to conform with adopted performance standards, concurrence from all property owners, operations are managed to keep cattle out of the shore-land zoned areas and updated soil tests be completed as required. The decreased levels would bring the total cattle head to 7,776 over 1,537 acres.
“We have used the land in this manner for 24 years now. We’ve been working to address run-off issues with berms and vegetative buffers even though water flows away from the city,” said Ted Reichmann.
Two separate motions were made and failed at the PAC meeting including a motion to approve the NFA application conditioned upon several factors including adding fenced areas and decreased density for certain tracts. Both motions failed.
The motion from the PAC that board member Mark Halls proposed stated, “based upon the information as presented in the staff report and facts as gathered this evening, I move to offer a recommendation of approval of the IUP provided that the conditions as identified in the staff report are complied with.” This motion passed 7-1 with Ivie Cooley expressing the dissenting vote.
At the meeting of the county commissioners the conditions set forth at the PAC meeting were discussed and determined to be fair and that the applicant was aware of the conditions. A letter from the Minnesota Pollution Control Agency was handed out to include the agency’s recommendation of 1-2 head per acre for sustainable foraging on crop residue. “This is a canned response from the MPCA that is sent out to any operation that requests a permit. Such a low number of head per acre is not sustainable,” said Green.
“The Reichmanns use a rather aggressive soil sampling program in a grid pattern, over 2,000 acres samples are taken every 2.2 acres,” added Green.
“Our plan includes fencing off sensitive areas and keeping our supplemental feeding to areas away from them,” stated Reichmann. Commissioner Paul Gerde pointed out that these areas will get more commercial fertilizers than natural manure.
“It’s part of our staffing to check on the operation. We’ve always concentrated on spending time checking out there during spring to monitor runoff and thaw,” Green mentioned. “If we deny this, we need to consider amending our ordinance.”
“Is there any opportunity for the public to comment?” asked Ivie Cooley. Board chair Larry Lindor granted Cooley three minutes to point out her information. “I called Dave Orlowski because the statement was made that the runoff goes to Sauk Watershed, only part of it goes to Sauk. Some parcels go to the Chippewa which flows adjacent to Lake Amelia. I don’t think neighbors are informed about this when they are sent out. It also isn’t true when he states that it just flows the other way. When the water table is high, the manure leeches into the sandy soil and runs off into the water. I realize this application meets what is required, but it should have been made clearer about the impact. I think several agencies have been neglectful of the operation. I think it would show compassion and compromise for Mr. Reichmann to say he can add fertilizer at an agronomic rate around the city of Villard at ½ mile from city limits instead of the ¼ mile from the limits. Out of the goodness of your heart couldn’t you see not fencing in the area near the city and protecting Villard?”
“To keep the facts straight, the acclimation area is what was asked about in reference to the Sauk River Watershed,” stated Green.
“If this gets approved what are the next steps?” asked Commissioner Nan Haggerty. “There is ongoing maintenance of this data as this goes on and there will be soil samples incoming, and we will get advanced notice of stocking in areas. We’ve been well aware of this area for years and it isn’t changing, just expanding,” said Green.
“We won’t be able to pass this with a 2-2 vote as the commissioner that represents this district isn’t here,” said Commissioner Gordy Wagner.
“If this is not approved, we need to have the reason it is being denied right now to provide the applicant,” said Green.
“The court of appeals would look at this if there was a denial, asking is it unreasonable, arbitrary or capricious decision. As far as findings are concerned there would need to be formal findings submitted. If the board decides to deny, there will have to be valid reasons that are not arbitrary or capricious,” Neil Nelson, County Attorney stated.
“You (as a board) set the standard for permitting and that’s what we’ve been permitting this as for eight years. Have I been doing my job wrong?” asked Green.
A motion was made to approve, seconded and voted 2-2 with Haggerty and Wagner voicing dissenting votes. Haggerty’s concern included the information from the MPCA and apologized to Green if he feels that the vote was personal.
“It’s our responsibility to review our ordinances now if we are going to deny this,” said Commissioner Lindor.
“I think we have voted to make our County Attorney’s job harder rather than the MPCA,” added Green.
During the board updates Green returned to the meeting with an update for the board concerning the IUP request of Reichmann Land and Cattle. Because the motion brought forward was to move to approve the application with the conditions as recommended by the Planning Advisory Commission and because the vote taken by the board on that motion was 2-2 with one commissioner being absent, the motion to approve the application failed. There was no other motion made by the board after that motion to approve failed. No motion made to deny was made and passed either. Therefore, under Minnesota statute, the matter was neither approved nor denied in the meeting today, but rather simply remained pending, it was stated. After discussion, the board directed the matter be again placed on the board agenda for November 15, 2022, for further potential action due to there being no binding action adopted today on that particular permit.
The board also heard from Glenwood Demolition Disposal regarding the landfill site expansion. A conditional use permit was applied for to expand the operation by roughly 525,000 cubic yards which requires use of 4.2 acres of the 47-acre site in Glenwood Township.
Glenwood Demolition gets permit
The Glenwood Demolition Facility received an operating permit from the Minnesota Pollution Control Agency in 1991 and in addition has been required by local ordinance to be annually licensed to operate. The PAC recommended to approve the CUP with conditions they determined at their meeting including the addition of hours of operation. “Our hours depend greatly on our workload and with the storms this spring, we’ve been operating past our stated hours. However, our hours being open to the public have not changed,” stated Dan Riggs, consultant for Glenwood Demolition Disposal. According to Riggs, the MPCA dictates their hours of operation at the state level along with several of their requirements for sanitation and disposal. The MPCA also allows for the site to operate at different hours during emergency situations.
The commissioners voted unanimously to approved the CUP for Glenwood Demolition.
In other business the board discussed with Andrey Tolkachev, Project Manager with Nautilus Solar, a request to form assurance related to the decommissioning plan for the solar garden. The request from the company is to use a surety bond or Letter of Credit in lieu of a cash deposit. The board voted to table this for further discussion once more information can be gathered.
The highway department is preparing for winter and getting ready for the next construction season.
The MCAPS attorney software was approved for continued use, bills were paid and per diems were approved.
