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
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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.
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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,
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July 4, 2001 Page 70
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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
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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
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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
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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.
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ADMIlVISTRATO
July 4, 2001 Page 76