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HomeMy WebLinkAbout2001-07-04 Municipal Planning Commission (Special) Minutese--r5 County of Newell No. 4 ~~ Minutes of Municipal Planning Commission Meeting July 4, 2001 A Special Municipal Planning Commission Meeting of the County of Newell No.4 was held in the County Office at Brooks, AB on Wednesday, July 4, 2001 commencing at 10:07 a.m. Members Present Chairman C. Baksa Councillor C. Vermeeren Representatives B. M°Kellar J. Doerksen Planner G. Shaw Recording Secretary P. Hoffman 1. Call to Order The Chairman called the meeting to order. 2. Excused from Meeting .~- Moved by Councillor Vermeeren that Councillor Steinbach be excused from this meeting. Carried. 3. Minutes Minutes of the June 26, 2001 meeting were presented to the Commission. As the Committee did not have time to review these minutes, these minutes were referred to the next meeting. 4. Call for Post Agenda Items The Chairman called for post agenda items. 5. Adoption of A eg nda Moved by J. Doerksen that the agenda be adopted as presented. Carried. July 4, 2001 Page 68 Gr' Business from Minutes 7-2 Permit #2211 - Pt. NE 26-19-14-W4 -Division 10 Alberts Farms Ltd. -Intensive Livestock Operation - 30,000 Head Beef Feedlot The Planner presented updated information on this application as well as outlining options that are available to the Commission in making their decision. The conditions, as proposed by the Planner, were reviewed condition by condition and revised where necessary. Lunch The Committee recessed for lunch from 12:04 p.m. to 1:35 p.m. Business from Minutes (cont'd) 7-2 Permit #2211 - Pt. NE 26-19-14-W4 -Division 10 Alberts Farms Ltd. -Intensive Livestock Operation - 30,000 Head Beef Feedlot (cont'd) Moved by Councillor Vermeeren that we approve Development Permit Application #2211 for an Intensive Livestock Operation within a portion of the NE 26-19-14-W4 subject to the following conditions: 1. That this use be classified as an "Intensive Livestock Operation" being a discretionary use within the A- Agricultural District. 2. That this use complywith all Federal, Provincial and Municipal statutes, regulations, codes and standards. That the proposed development shall be located so as to conform to the MDS requirement fora 30,000 head operation. Any change to this site plan after approval has been given by the Municipal Planning Commission shall require the written authorization from,the Development Officer. July 4, 2001 4. That this approval shall be valid for a beef feedlot with a total up to 30,000 head. The existing 6000 head operation shall be phased out as the proposed site is developed so that a maximum of a 30,000 head operation be present within Section 26-19-14-W4M or Section 35-19-14-W4M atone time. The operator shall provide written evidence that this number is in compliance when requested by the Development Officer. At no time shall more than 30,000 head be confined within these two sections. Any increase over the approved total shall require a separate development permit application and approval. The developer must maintain a minimum of 150 sq. ft. per animal. Page 69 C~~ 5. The developer shall supply to the Development Officer, in writing, the date the new feedlot is operational. The proposed feedlot shall be considered operational the date the first animal is brought into this feedlot. Within 30 days of the proposed feedlot becoming operational, the 6,000 head must be removed from the existing feedlot. Within 1 year of the proposed feedlot being operational, the developer shall have the existing feedlot pens, catchment area, manure and silage areas reclaimed to the satisfaction of the County of Newell, the Palliser Health Authority, Alberta Environment and Alberta Agriculture, Food & Rural Development. 6. That the operator shall ensure access to 3746 ha (9256 acres) of cultivated cropped dryland or 1873 ha (4628 acres) of irrigated cultivated land. The developer shall initiate a manure nutrient management program which will ensure that the soil nutrient levels in the land base are monitored and not allowed to become excessive. The developer shall also ensure that the above number of hectares is made available throughout the time this operation is in existence. If this cannot be provided, the operator shall be responsible for obtaining written agreements from land owners who can provide suitable land for manure application. A copy of this agreement, including legal land location, shall be provided to the Development Officer and the Agricultural Fieldman. Such agreement shall be subj ect to the Code of Practice. The land base shall be fully utilized. 7. That manure shall be incorporated into the soil within 24 to 48 hours of application and follow the Code of Practice unless as otherwise provided in the Code. No manure shall be applied over frozen or snow-covered soils. Due concern and .- consideration shall be exercised when spreading manure on lands near neighbouring residences by maintaining an adequate separation distance. 8. That the applicant shall provide written evidence, to the Development Officer's and Agricultural Fieldman's satisfaction, of a manure management plan which includes the following: • Volumes of manure produced on an annual basis; • A cropping plan with expectations of amounts of nutrients to be utilized; • Amount of owned lands available for manure utilization; • Number of acres required; • Specific landowners willing to accept manure (if necessary); • Location of owned and non-owned lands where manure spreading will occur (if necessary); • Commitment to follow the Code of Practice in regard to the spreading of manure from both the applicants and additional land owners (if required). Due care and consideration shall be utilized when spreading manure on lands near neighbouring residences by maintaining adequate separation distance. All waterways on lands utilized for manure spreading should be protected from contamination by manure and/or runoff from manure by maintaining an adequate separation distance from these areas. The separation distance will be dependent on the soil, slope and management practices on the land. It is recommended, however, ..- July 4, 2001 Page 70 C~~ that a distance of not less than 30 m (100 ft) shall be utilized when manure is applied to land where open bodies of water or wells occur. 9. That the operator shall provide a written record annually to the Development Officer and Agricultural Fieldman on a date which is mutually agreeable between both, which contains the following: 1. The legal land location of each field on which manure is applied; 2. Size of each field; 3. Date when the manure from the operation was applied; 4. Volume or weight of manure applied to each field; and, 5. Results of soil sampling of land prior to applying manure. July 4, 2001 10. That all surface water drainage from the proposed site must be contained on the subject property and be prevented from contaminating surface or ground water. Any surface runoff from the proposed facility which may come into contact with manure shall be contained and prevented from contaminating surface or ground water. In order to achieve this, where necessary, earthen berms must be constructed to divert surface runoff water away from the facilities and divert runoff which may be contaminated into the manure storage lagoon. 11. That the developer shall ensure that any water which is to be used in this development is licenced under the terms of the Water Act administered by Alberta Environment. The relocation of the drain within the NE 26-19-14-W4M must be approved by the Eastern Irrigation District and any other pertinent authorities and completed to their satisfaction at the applicant's expense. 12. That the developer shall ensure the construction of permanent facilities does not encroach onto Eastern Irrigation District Rights of Way and that the location of such facilities does not impede or endanger the District's ability to perform its activities. The developer must also ensure that manure and waste products are not discharged into the works of the District. 13. That the developer shall prepare an access management plan to the satisfaction of the Public Works Department to accommodate anticipated traffic increases to the subject property. The developer shall contact the Superintendent of Public Works, 362-3504, to determine the requirements and timing of completion for the access management plan. The developer shall be responsible for the improvement of existing roadways and intersections to the satisfaction of the municipality leading from the subject property to the One Tree Road. All costs associated with these improvements shall be the responsibility of the applicant and improvements shall be completed prior to the commencement of construction of the intensive livestock facility within the subject site. The developer shall be required to enter into a development agreement with the municipality for the improvements of these roadways and intersections or other matters as provided under Section 655 of the Municipal Government Act. The cost associated with the preparation and registration of the agreement shall be the responsibility of the developer. Page 71 C.ES 14. The Developer shall be responsible for implementing a dust control or abatement program on the County roads where silage and/ or manure is hauled. 15. That the applicant shall ensure that the proposed configuration of the feedlot will satisfy the requirements for Category 1 and 2 of the Minimum Distance Separation. The MDS requirement for 30,000 head feedlot for Category 1 is 1316 m (4318 ft) and Category 2, 1755 m (5755 ft). The applicant shall be required to provide written evidence to the satisfaction of the municipality which demonstrates that the MDS requirement is satisfied with the proposed configuration. A Minimum Distance Separation of 120 m (394 ft) be maintained from the feedlot or other related works such as the lagoon to surface water bodies or water courses as set out in Land Use Bylaw #1004-90 in Section 45.6. 16. That the developer shall ensure all surface water originating within the feedlot pens and animal holding areas must be contained within an acceptable containment structure (catch basin). The integrity of the catch basin must be verified by a professional engineer licenced for the review as to compliance with the standards of the Code of Practice. The engineer shall be required to provide the Development Officer with a certified design prior to commencement of excavation of the catch basin and a completion certificate after construction certifying the construction was to approved engineering standards and to the Code of Practice. The engineer will also be responsible for ensuring a proper sampling program is followed which includes samples taken during and after construction with a sampling and verification report which includes particle size, density, moisture content, hydraulic conductivity and thickness of liner. The catch basin shall be located a minimum of 120 m from any open water course. The area between the catch basin and the water course shall remain in its natural state or landscaped in a manner to minimize overland flow. Vehicular traffic between the catch basin and the water course shall be prohibited. The catch basin shall be operated to accommodate a 1:30 year, 24 hour precipitation event. The bottom elevation of the catch basin must be constructed a minimum of one metre above the seasonal high water table. The catch basin shall be constructed with a minimum of 5 m of uniform natural material, at a hydraulic conductivity of no greater than 1 x 10"6 cm/sec between the bottom and sides of the catch basin and the upper most identified ground water source. A material of equivalent or greater protection may also be considered. July 4, 2001 Page 72 (~' " The developer shall be responsible for the installation of wells between the catch basin and the One Tree Creek to monitor ground water movement and quality. Annual reports shall be provided to the Development Officer and the Agricultural Fieldman prior to July 1 of each year. The monitoring program shall be operated by a third party experienced in conducting such programs. It is recommended that the volume of the catch basin be a minimum of 65,000 m3 with the following requirements: 1. A freeboard of 0.5 m must be provided in addition to the above storage capacity; 2. Side slopes no greater than 1.5:1; 3. Bottom of the catch basin liner should be no deeper than 3.64 m (12 feet). The actual depth of the catch basin for runoff storage shall be 3.64 m (12 ft) less the thickness of the required liner. 4. At a minimum, 200 mm (8" -10") of good clay (30% or greater) shall be placed across the catch basin floor and sides compacted to an acceptable density. A Professional Engineer may alter this requirement so long as the result is in compliance with the standards of the Code of Practice. July 4, 2001 17. That a specific site shall be identified and maintained as an interim storage location for dead animals. This site shall be covered and have suitable drainage material to ensure proper drainage and be protected from predators. This location shall be located a minimum 120 m from the centre line of a County road and a minimum of 30 m or more from the proposed feedlot. Dead disposal by rendering truck is recommended. 18. That the applicant shall undertake a soils investigation for the feedlot site prior to the commencement of construction to the satisfaction of Alberta Agriculture, Food & Rural Development and the Agricultural Fieldman. This soil investigation shall be undertaken by an engineering company experienced in this type of sampling program. The feedlot site shall include a minimum of 2 m of natural material at a hydraulic conductivity of no greater than 1 x 106 cm/sec between the bottom of the pen floor and the upper most identified ground water source. The entire surface area must be compacted upon landscape completion. Compaction with the appropriate type of packer will lessen initial hydraulic conductivity of the feedlot pen floor and hasten the development of the gleyed layer. The bottom elevation of the feedlot pens must be constructed a minimum of one metre above the seasonal high water table. Page 73 C~ Positive drainage must be provided within the feedlot and animal holding areas to prevent the retention of surface water and manure run-off. Drainage must be directed to a catch basin. Surface water originating outside of the feedlot must be directed around the facility to the satisfaction of Alberta Agriculture, Food & Rural Development and the County of Newell. 19. That the developer must implement and maintain an adequate fly control program to the satisfaction of Alberta Agriculture, Food & Rural Development and the Agricultural Fieldman. 20. That the developer shall ensure that on-site storage of manure occurs within the feedlot pens only. Stockpiling of manure outside of the pens area must be done only if acceptable to Alberta Agriculture, Food & Rural Development at an acceptable site with drainage control. 21. That short-term storage of manure on areas not properly constructed for long term storage (including stockpiling on fields for later spreading) are to adhere to the following: 1. Only for a time period not exceeding six (6) consecutive months over a three year period. 2. Be located at least 100 m from any spring or water well. '"' 3. Be located at least 30 m from an open body of water. 4. Be located at least one metre above the seasonal water table. 5. Be located to ensure runoff does not enter an open body of water, or leave the owners' property. 6. Be located so that surface water cannot enter the short term manure storage location. 22. That the developer shall ensure that a dust suppression measure is incorporated and implemented in the design of the feedlot operation to minimize the transference of cattle dust to adjacent or downwind land owners. This measure shall be the best practicable technology available and be updated periodically to minimize nuisance dust from this operation. 23. That the developer shall ensure the feedlot configuration does not affect the operation of wellsites or pipelines within the NE 26-19-14-W4M under the ownership of Enerplus Resources Corporation. The developer shall provide written evidence from this company to the municipality prior to the commencement of construction demonstrating that it is satisfied the proposed configuration will not affect its operations. 24. That this use shall conform to Section 49 of County of Newell Land Use By-law # 1004-90 being the A -Agricultural District. July 4, 2001 Page 74 25. That all structures and buildings shall be located a minimum of 40 m from the centre line of the County road unless otherwise noted in the conditions. 26. That the developer shall ensure the property is maintained to the satisfaction of the Development Officer. 27. That the developer shall arrange within one year from the date of the start of operation, a site review by the County ofNewell, Alberta Agriculture, Food & Rural Development and Palliser Health Authority to assess completion and compliance status of the development. 28. That the developer shall ensure that the water quality of One Tree Creek does not deteriorate as a result of this development. A monitoring program shall be established by the developer to monitor the water quality before and after the proposed site the results of which are to be provided to the municipality on a timely basis. The monitoring program is to be conducted in a manner in accordance with standard water sampling procedures. Sampling of water shall commence before construction of the site begins and a copy of the reporting method shall be provided to the municipality prior to construction commencing. The sampling method and program shall be verified by a professional biologist to be given to the municipality prior to the commencement of construction. 29. That the developer shall complete a water table sampling program which determines the seasonal high water table as well as the annual water table for the NE and NW 26-19-14-W4M as well as the SE 35-19-14-W4M which is conducted by an engineering company experienced in such sampling programs. The.results of the sampling program shall be provided to the municipality prior to the commencement of development. These results shall be provided to the County of Newell, Alberta Agriculture, Food and Rural Development and the Palliser Health Authority to review and recommend amendments to this approval respecting the design of the facility. 30. The developer shall submit a final engineer's design, incorporating all applicable conditions, to the Municipal Planning Commission prior to commencement of construction. 31. The developer must commence development within a 1 year period from approval date with completion date within 2 years. Recess 'The Commission recessed from 2:55 p.m. to 3:10 p.m. July 4, 2001 Page 75 Business from Minutes (cont'd) .. 7-2 Permit #2211 - Pt. NE 26-19-14-W4 -Division 10 Alberts Farms Ltd. -Intensive Livestock Operation - 30,000 Head Beef Feedlot (cont'd) Vote on motion. Carried. 7. Post Agenda Items There were no Post Agenda Items. 8. Question Period/Notice of Motion A question period was held. 9. Adjourn Moved by Councillor Vermeeren that the meeting adjourn at 3:28 p.m. Carried. C ;" ADMIlVISTRATO July 4, 2001 Page 76