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Frequently Asked Questions - County & State Feedlot Information

Why all the rules now? We've farmed this way for years!

When our forefathers chose our farm sites, they were looking for locations where water was ample so crops would grow and cattle and family members could be satiated, cooled in summer months, and cleanly. Making ice was also of importance concerning food preservation. So close proximity to surface waters was ideal. Could they predict the future? Did they know of the potential, eventual harm to the overall health of a nation and its beautiful countryside their careful selections could create? Of course not! Nor could they fathom the explosion in population in years to come. And if they could have predicted all of this, would they have been more careful in how they utilized the land at that time. You betcha! Thus, even if we don’t agree with all the rules and procedures that the MPCA (Minnesota Pollution Control Agency) has enacted, we can all agree on the basic premise of their rules: maintaining the health of the land for ourselves, our family, our community, and future generations to come.

 

My site? A feedlot? No siree, or… is it?

If you have livestock animals on your property, most likely you own a "feedlot" as defined by the MPCA Chapter 7020 Rules. "Livestock animals" includes horses, elk, llamas, rabbits, fowl, etc.

 

What is an “animal unit” (AU)?

This is a pre-determined value associated with the size of a particular species of animal and potential environmental impact (volume of manure produced). The largest value given to any species of animal is 1.4 animal units (dairy cow). Ask your feedlot coordinator to help you determine the number of animals on your site.

Can I have livestock animals if my property is zoned “shoreland”?

The answer to this question is site dependent. For example, if a producer whose land is zoned “shoreland” has been operating his/her site beginning in the time period before the year 2000 and has stayed in operation throughout the duration, the answer is, “Yes”. However, if that producer wants to expand his/her current operation, there is a procedure that must be followed. First, the farm site must be found in compliance with all MPCA Chapter 7020 Rules and Douglas County Ordinance. Second, the producer must provide good reason and cause for expansion and will need to request a variance (an exception to the rules) from the County, itself. Currently, Douglas County Ordinance states, “New feedlots located within shoreland are prohibited.” All persons have a right to request a variance. If granted, the producer will usually have to operate under a Conditional Use Permit issued by the County.

If you are an individual or family wanting a goat, some chickens, or a horse, for example, it is important you take the following into consideration: How will you confine your animal? Do you have the space and housing available that these animals require?   How will you ensure that the manure from these animals will not pollute the surface waters you live on? How will you dispose of/ utilize the manure? Is this method in compliance with environmental rules and regulations?  How will your neighbors feel about your livestock animal?  Is there any potential for this animal to become a nuisance, i.e. smells, vocalizations, habits, fly/pest control, dangerous behaviors (biting)? Does this animal have the potential to destroy vegetation, natural habitat, or landscaping?  These are all questions your feedlot coordinator and Land and Resource officials take into consideration when a request is made. As stated above, you have the right to request a variance.

Are cattle allowed in my lake...or any water of the state, for that matter?

It is a state and county expectation that all producers attempt to keep their livestock animals out of waters protected by the state. Because of the amount and type of surface waters that dot the landscape of Minnesota, this is an expectation not always possible for a producer to realistically meet. For example, if pastureland for a producer’s animals require the animals to cross a stream, it is unreasonable to expect this producer to prevent his animals from entering waters of the state at all times. If you have a concern about livestock entering a body of water, please call the feedlot coordinator. She can look into this matter for you and possibly speak with the producer about making changes. It is important to remember that nature does have a way of cleansing itself, and tests and procedures can be performed to determine if livestock in certain situations are creating a human health or environmental risk. In cases of environmental or human health risk, the state regulations can ensure your safety by requiring the farmer to prohibit his animals from entering the water of concern.

 

How many animals are allowed on a particular site or parcel of land?

That is determined by zoning. Very broadly speaking, a parcel of land zoned “agricultural” can maintain a varied number of animal units based on their pre-existing registration numbers (Expansions beyond 200 AU require permitting); land zoned “rural residential” can generally maintain one animal unit per every two acres unless pre-existing registration numbers allow for more; “residential” sites can sometimes maintain a smaller number of animal units but require a conditional use permit, again unless pre-existing registration numbers allow for more. However, there are many other factors that come into consideration depending on the topography, soil type, available vegetation, proximity to surface waters and pre-existing status to name just a few.

Oops! I’ve spilled animal wastes on a road, ditch, or waterway; who ya gonna call?

“Ghostbusters”--NOT! Call the Minnesota Duty Officer at 1-800-422-0798. The spill must be cleaned up. Be sure to plug or cover all tile inlets and/or culverts to prevent discharge.

I have an unused pit on my property; what’s the rule on that?

A pit is unpermitted after three years of non-use. If you want to return the pit to operating conditions, a soils investigation or water balance test needs to be performed to ensure that the liner, berms, and other non-mechanical aspects are in good condition.A pit must be permitted before and during use.

There is often times funding available to help producers close their pit.  The NRCS office, 320-763-3191, ext. 3, can be called for more information. Contact your feedlot officer for specific rules pertaining to pit closure (The rules are simple) and to find out if the certain watershed district in which you live may also have funding available for you.

Who must maintain manure application records?

Any producer with over 100 or more animal units must maintain records.  Ask for a manure record keeping form(s) from your county feedlot coordinator.

 

Who must operate under a Manure Management Plan?

Producers who are working under a permit, interim, construction, or NPDES for site over 1,000 AU, and have 100-299 animal units on site must operate under a manure management plan.  Producers with 300+ AU must operate under a manure management plan UNLESS all manure is being applied by a certified land applicator. All producers with over 100 AU are required to sample their manure for both liquid and solid manure. For $20 the DHIA lab in Stearns will send you the kit and conduct the analyses.320-352-2028

What is an interim permit?

Once a pollution hazard has been identified by the feedlot owner and/or feedlot coordinator and the planning phase has been initiated for fixes, an interim permit is applied for. This permit allows the feedlot owner to continue in operation while known hazards are being addressed for up to 2 years.

What are the land application setbacks?
Minimum State Setback Requirements for Sensitive Areas **
Sensitive Area
Lake
Perennial Stream
Intermittent Stream
Protected Wetlands (10+ acres)
Drainage Ditches (no berms)
Sinkhole (no berms/diversions)
Mine, Quarry, or Gravel Pit
Open Tile Intakes (including rock/blind inlets)
Road Ditches
High Phosphorous Soils
DWSMA/Wellhead Protection
Steeply Sloping Land
Non-Protected Wetlands
Frequently Flooded Soils
High Water Table Soils
Coarse-Textured Soils
Shallow Soils Over Bedrock
(a) county and/or NDPS requirements may be more restrictive
(b) 100 ft non-manured vegetated buffer can be used instead of the 300 ft setback (non-winter)
(c) 50 ft non-manured vegetated buffer can be used instead of the 300 ft setback (non-winter)
(d) where soil phosphorus exceeds 21 ppm Bray or 16 ppm Olsen, phosphorous must be managed to prevent buildup over a 6 year period
** copied from www.pca.state.mn.us
No Incorporation or Incorporation after 24 hours
300 ft b
300 ft b
300 ft c
300 ft c
300 ft c
300 ft up / 50 ft down
50 ft
300 ft
No application directly into the road ditch
Permit may be needed - No soil-P buildup at some sites
Permit may be needed
Permit may be needed
Consider developing a management strategy
Consider developing a management strategy
Consider developing a management strategy
Consider developing a management strategy
Consider developing a management strategy
Injection or Incorporation within 24 hours
25 ft d
25 ft d
25 ft d
25 ft d
25 ft d
50 ft
50 ft
0 ft
Why can’t I stockpile anywhere I choose; it’s my land?

“This land is my land; this land is your land…”  As the song suggests, the surface of the land is yours at purchase but the effects on all citizens of how you manage that surface area is your responsibility.  In other words, you are obliged to protect us in your land use practices.  Knowing the soils on your property and the characteristics of those soils are important in applying best management practices.  Request a soil map from your feedlot coordinator.  Certain soils have the tendency to sieve water/ liquid wastes through their layers rapidly.  In others, this “leaching process’ is slower, allowing for more absorption by vegetation and other elements in the soil. The depth of the water table below the soils is often characteristic of a particular soil type as well.  Water tables (depth to groundwater) can be as shallow as 0 inches from the surface of the land!  Last, never, ever stockpile on gravel pit sites or in/on surface waters.

  
Short-Term Manure Stockpile Requirements **
Location Restrictions Feature
Water of the State, Tile Intakes, Road Ditches, Sinkholes, Non-Farmed Wetlands, and Rock Outcroppings
Private Well
Public Water Supply Well
Shoreland or Floodplain
Land with greater than a 6% slope
Land with greater than 2% slope and no clean water diversions and erosion control measures
Land where soil texture to a depth of five feet, except the plow layer, is entirely coarser than a sandy-loam
Sand/Gravel Pits, Quarries, On Bedrock
Drain Tile with less than 3 ft of soil cover
** copied from www.pca.state.mn.us
Requirements
Setback of 300 ft of flow distance and at least 50 ft horizontal distance
Setback of 100 Ft
Setback of 1,000 ft
Stockpiling is prohibited
Stockpiling is prohibited
Stockpiling is prohibited
Stockpiling is prohibited
Stockpiling is prohibited
Setback of 100 ft
What is the difference between a short and a long term stockpile?

Short term stockpiles (in place for no longer than 12 months) are not located in the same place year after year.  Vegetation is allowed to flourish following removal of these stockpiles.  Long term stockpiles are often there for the duration of the site’s operation.  Long term stock pile sites must be located on an impervious pad.

What’s all the fuss about the way my milk house wastes are handled? It’s just soaps and a little milk!

Well, what is gross about human sewage? Besides the smell, it’s the fact that sewage is home to a myriad of bacteria, E. coli, being one that thrives particularly well in doo. Who would have thought it, but the residues found in milk house wastes also are a favorite bacterial hang-out.  To simplify it, the B.O.D. measure in a particular volume of water determines the prevalence of bacteria. Here are some explanatory facts for you:

  1. A clear, clean water lake has a B.O.D of 2 ml/L of water.***
  2. Raw sewage has a B.O.D. of 100-500ml/L of water.****
  3. PER cow, milk house wastes carry an average B.O.D. of 28 ml/L of water per day.
  4. Thus, using my farm as example, milk house wastes resulting from my 41 cow dairy have an average B.O.D. of 1148ml/L of water per day discharging into our manure pit.  (Raw milk tends to carry higher B.O.D. levels.  That is why pasteurization of raw milk is often recommended.)
  5. The state daily limit for discharge of B.O.D. to a water of the state is 25 ml/L !

***/**** www.polyseed.com

The bottom line? Take time to examine your current waste house handling system as many of our systems are outdated. If you feel your system is in need of an eventual upgrade, take the bull by the horns. Don't be afraid to initiate this discussion with your feedlot coordinator. Ask her for resources and possible solutions for the future. Together, we can make a plan!

So why is it okay that I spread my milk house wastes in my fields but not daylight it into a grassy area of my land (the same place it’s been going the last 40 years)?

Again, nature has a way of cleansing itself, but when a high concentration of high B.O.D. material settles in one spot, Mother Nature can’t overcome. If you spread a small layer of the wastes over a large area of vegetation (your cropland, pastures, or hay fields), the land can accommodate and use natural processes to cleanse the waste material before reaching ground water.

Am I in trouble?

NO! Open communications between the producer and the feedlot coordinator are the key. Here in Douglas County, we work along side our producers in meeting compliance standards. We value producer input in determining what is reasonable and realistic when fixing a pollution hazard. Yes, there are certain regulatory procedures that are required of delegated counties like Douglas County, but what is most important to us is that our producers are informed of the rules and regulations out there and are making sincere efforts and knowledgeable decisions in their attempts to achieve compliance. There is funding available for "fixes" through NRCS, SWCD, and the various watershed districts within Douglas County. Contact your feedlot coordinator. She is there to help.

I'll just pay the fine; isn't that cheaper?

In the most severe cases in the state, a few producers have been fined for their lack of efforts to become compliant in a timely manner. In all of those cases, the producer has been mandated to make the fix, plus pay a fine on top of that. Opting to pay a fine instead of making steps towards compliance just doesn't make sense.