Construction Short Form Permitting

Construction Short Form Permitting By: Ben Crowell, MPCA

Topics: • Animal Units • Permitting Types and Thresholds • CSF Permit Application Components • CSF Permit Application Review • Environmental Review • Multi-site Determinations • Application Review Exercise

But first…why is permitting important? It’s your best opportunity to establish compliance at the site.

Why is it important to permit properly? • To establish compliance at the site • Location Restrictions (Setbacks) • Design Standards (Manure Storage Areas) • Water Quality Discharge Standards • Others: • Permitting business processes are part of your Delegation Agreement • Avoid possible litigation

Animal Units • State of MN use AUs to determine permit types, environmental review, manure management requirements, etc. • Local units of governments may do the same • It is an important number to accurately represent before applying for a permit on Feedlot Registration Forms, County documents, etc.

Animal Units • Animal Unit (AU) – Unit of measure used to compare difference in the production of animal manure for an animal feedlot or manure storage area. • Total Animal Units – Multiply the number of animals of each type by their factor and add the values.

I. Feedlot Permitting Thresholds:Animal Units • Be sure you are using the correct AU for each animal • Note: The AU is based on the size and weight of the animal at the time they leave your site. • Example: A background yard (raises feeder cattle from the time calves are weaned until they are on a finishing ration in the feedlot) operates year-round (animals are confined 365 days a year) and has never confined more than 800 head at any time. • Because the backgrounding cattle leave the lot under 1,000lbs a 0.7 AU factor is used: 800 head x 0.7 AUs = 560 Total AUs

Clicker Questions - A site has 150 head of Holstein dairy cows, 50 heifers, and 25 calves. How many animal units are on site? • 190 • 225 • 250 • 299

Permit Thresholds and Types • Permit Types • Interim • Construction Short Form (CSF) • State Disposal System (SDS) • Joint National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS)

Feedlot Permit Types: NPDES/SDS • Feedlots that fall into either US-EPA Large CAFO definition and/or MN 1,000 AU Threshold may be required to have: • Joint National Pollution Discharge Elimination System/State Disposal System Permit (NPDES/SDS) • General • Individual • Or, State Disposal System Permit (SDS) • General • Individual • Or, for Large CAFOs less than 1,000 AUs that are zero discharge, NPDES/SDS and SDS permits are optional

CRITERIA FOR DETERMINING A CONCENTRATED ANIMAL FEEDING OPERATION [EXCERPTED FROM TITLE 40, CODE OF FEDERAL REGULATIONS, § 122.23(B)(4)] • “An animal feeding operation (AFO) is defined as a large concentrated animal feeding operation (CAFO) if it stables or confines as many as or more than the numbers of animals specified in any of the following categories: • (i) 700 mature dairy cattle, whether milked or dry; • (ii) 1,000 veal calves; • (iii) 1,000 cattle other than mature dairy cows or veal calves. Cattle includes, but is not limited to heifers, steers, bulls and cow/calf pairs; • (iv) 2,500 swine each weighing 55 pounds or more; • (v) 10,000 swine each weighing less than 55 pounds; • (vi) 500 horses; • (vii) 10,000 sheep or lambs; • (viii) 55,000 turkeys; • (ix) 30,000 laying hens or broilers if the AFO uses a liquid manure handling system; • (x) 125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system; • (xi) 82,000 laying hens, if the AFO uses other than a liquid manure handling system; • (xii) 30,000 ducks (if the AFO uses other than a liquid manure handling system); and • (xiii) 5,000 ducks (if the AFO uses a liquid manure handling system).”

EPA Large CAFO Numbers

EPA Threshold vs. 1,000 Animal Unit Equivalent Note: This is not an inclusive list.

Which Permit to Issue? Step 1 - Will the site be 1,000 AU or more OR meet the EPA definition of a Large CAFO? • Yes – Refer to the MPCA • No – Go to Step 2 Step 2 – 50 AU or more? • Yes – Permit may be required (Step 3) • No – Complete Notice of Construction or Expansion (Compliance Inspection should be completed and pollution hazards should be addressed)

Which Permit to Issue? Step 3 – Was a pollution hazard discovered during the Compliance Inspection? • Yes – Interim Permit • No – Go to Step 4 Step 4 – Is the site 300 AU or more? • Yes – Construction Short Form Permit* • No – Complete Notice of Construction or Expansion *Exception would be manure application in sensitive areas with high phosphorus soils. Counties may also have more restrictive permitting thresholds.

Joe Farmer wants to expand from 1,000 head of finishing swine to 2,000 head of finishing swine. Compliance inspection indicated compliance. What type of permit should be issued? • Interim • Construction Short Form • SDS • NPDES/SDS Hint: Animal Unit factor for swine finishing is 0.3

Farmer Brown currently has 750 head of feeder cattle and wants to expand by 500 head of feeder cattle. Would this site be considered a Large CAFO? • Yes • No Note: AU factor for feeder cattle is 0.7

CSF Permit Application Components • A Component Complete CSF Application will contain the following: • Signed CSF/Interim Permit Application Form • Evidence of Public Notice if over 500 AU (i.e. Affidavit of Publication) (Minn. Stat. 116.07, subd. 7a) • Aerial Photo/Site Sketch • Manure Management Plan* • Plans and Specs for Manure Storage Areas (if one is proposed) • Environmental Assessment Worksheet (if applicable, Minn. R. 4410.0200) • Other components required by county *Counties must review MMPs prior to CSF Issuance per 2014-2015 Delegation Agreement and County Work Plan

CSF Permit Review (Business Process) • Application processing timelines • Application processing tools • Common mistakes on Applications

60 Day Rule: Minn. Stat. § 15.99 • The 60 day time clock starts when an application is received • Stopped with an INCOMPLETE letter sent within the first 15 business days (Subd. 3.(a)) • Permitting authority may extend time clock to 120 days • Written notice to the applicant (Subd. 3 (f))

Timelines • Permitting Timeline • Time clock begins with application submittal (date stamp) • Before 15 Business Days: • Notified applicant of complete/incomplete application • INCOMPLETE Letter: Stops 60 Day Time Clock • 20 Business Days after public notification (feedlots ≥ 500 AU): • Permit can be issued • Before 60 Days after Complete Application: • Permit must be issued Receive Permit Application Date Stamp Application and All Associated Components Conduct Technical Review of the Application and All Associated Components Application Incomplete Application Complete Send Incomplete Letter Requesting Information (15 business days) Send Complete Application Letter (15 business days) Receive and Date Stamp Requested Information Wait 20 Business Days from Date of Public Notification – (if applicable) Conduct Review of Information Issue Permit within 60 Days of Date Permit Deemed Complete IF Incomplete – Repeat Process IF Complete – Follow Application Complete Process and Conduct Technical Review

DATE STAMP ALL DOCUMENTS (“components”) THAT YOU RECEIVE! • Proves that all timelines are being followed properly! • Be sure to also date stamp additional submittals received as requested in an Incomplete Application Letter.

Checklists – Technical Review • Feedlot Permit Application Checklist • MMP Review Checklist • Concrete Pit Plan Review Checklist • All checklists can be found on the CFO Toolbox • Use of checklists is required by Delegation Agreement (Keep them in your files!)

Maps • Public Waters Inventory • FEMA Floodplain • County Well Index • Wellhead Protection • Bedrock • Soil Survey *Most of these maps can be found online. **Maps need to be checked to ensure Application is complete and accurate. (Keep in files!)

How long does a county have to determine if an application is complete or incomplete? • 15 days • 15 business days • 20 days • 20 business days • 60 days

True or false? Use of application review checklists is required by the Delegation Agreement. • True • False

Common Application Mistake 3300 hd = 990 AU 3000 hd = 900 AU Page 3 CSF/Interim Permit Application Page 2 CSF/Interim Permit Application

Common Mistakes • Animal Numbers Need to Match Everywhere! • AU Calculation Page of Application • Components Page of the Application • Manure Management Plan • Plans and Specs • Notice of Construction or Expansion (in App) • Public Notice

Common Mistakes – Public Notices • Location • Quarter and Quarter-Quarter mixed up (only ¼ required) • County Name not included • Manure storage type • Often missed if new and existing facilities are described • Type of Confinement • Often missed if new and existing facilities are described • Total Animal Units • Owner/Facility Name and Animal types must be included as well

Environmental Review • Project Thresholds for Environmental Assessment Worksheet (EAW) • Mandatory • Environmental Review Required for Project. • Discretionary • Environmental Review may be done for Project. • Exempt • Environmental Review may not be done for the Project.

Environmental Review Mandatory Mandatory EAW Thresholds Sensitive Areas Shoreland Delineated flood plain Designated wild and scenic river district Delineated DWSMA Within 1,000 feet of a known sinkhole, cave, resurgent spring, disappearing spring, Karst window, blind valley, or dry valley. • Construction of a new AFO with a capacity of 1,000 AU. • Expansion of an existing AFO by 1,000 or more AU. • Construction of a new AFO by 500 or more AU in a sensitive location. • Expansion of an existing AFO by 500 or more animal units in a sensitive location

VI. Other Considerations: Environmental Review Discretionary Petitions An EAW may be required with a Petition that: Is signed by at least 100 individuals Is submitted before the project has received final approval by the appropriate governmental units Demonstrates that there may be potential for significant environmental effects • A governmental unit with jurisdiction may order the preparation of an EAW for any project that does not exceed mandatory thresholds … and when the project is not exempted.

Environmental Review Exempt • The expansion of an existing feedlot by less than 100 AUs, not in a sensitive location. • The construction of a new, or expansion of an existing feedlot by 50 AUs regardless of location. • Feedlots outside sensitive areas are exempt when: • New feedlot has a capacity less than 1,000 AUs, or the feedlot has a total capacity of less than 1,000 AUs after expansion; and • County board holds a public meeting for citizen input 10 business days before the feedlot permit is issued, unless another public meeting for citizen input has been held with regard to the feedlot to be permitted.

Environmental Review Phased Actions Phased Action Requirements Additional Information “Limited Period of Time” is three years between start of construction of one project and the date of application for the next project. “Same Geographic Area” is: Determined on a case by case basis with the following considerations: Potential impacts to air quality. Potential impacts to water quality. Land application sites. Watersheds. • Two or more projects to be undertaken by the same proposer that: • Environmentally impact the same geographic area; and • Are undertaken sequentially over a limited period of time.

Multi-Site Permitting • Determine if feedlots are separate or combined • Multiple sites (and AUs) are combined when: • There is Common Ownership; and • The Sites Adjoin; or • The sites use common areas or system for disposal of wastes • Land application acres or comingling of manure • Please contact MPCA Regional Staff if you have questions regarding Multi-Site Determinations!

Beer lover Sam Adams currently has 200 head of beef finishers within 200 feet of Old Milwaukee Creek. She wants to expand to 750 head of beef finishers. Will she be required to complete an EAW? • Yes • No • Yes, because beer drinkers are always required to complete EAWs before expansion • No, because no amount of pollution could make Old Milwaukee worse than it already is

Questions before we move on to Application Review Exercise?

Construction Short Form Permitting