Public Hearing Set for September 5th


Permittee: Ebert Dairy Enterprises LLC

Location of facilities under permit coverage:
Main Facility- N6939 Cty Hwy D, Algoma, WI 54201
Heifer Facility- 5083 CTH K, Kewaunee, WI 54201
Longfellow Facility- N6388 Longfellow Road, Kewaunee, WI 54201(Former Duescher Facility)

Receiving Water and Location: Cropland within the Ahnapee River Watershed, Lake Michigan Drainage Basin and the Groundwaters of the State of Wisconsin.

Brief Facility Description: Ebert Dairy Enterprises LLC is a Concentrated Animal Feeding Operation (CAFO) which is owned and operated by the Randy Ebert Family. Ebert Dairy Enterprises has expanded its operation through the purchase of a former CAFO facility-Duescher Farms. Ebert Enterprises currently has 2,657 milking and dry cows, 508 heifers (800-1,200lbs.), 185 heifers (400-800lbs.) and 310 calves equaling approximately 4,452 animal units and is proposing to expand to 3700 milking and dry cows, 2000 heifers (800-1,200lbs.), 1,800 heifers (400-800lbs.) and 910 calves equaling approximately 8642 animal units by 2017. The Main Dairy consists of a milking parlor, a dry cow barn, three waste storage ponds, manure solid storage, a feed storage area and leachate collection/control system. Proposed changes at the Main Dairy over the next permit term include two additional freestall barns, three calf/heifer barns, modifications/relocation of the sand separation system and an addition to the feed storage area. The Heifer Facility consists of three calf barns, a transition barn, outdoor exercise lots, a concrete barnyard and a concrete lined barnyard runoff control collection pond and vegetated treatment area. The Longfellow Facility consists of several barns, two clay-lined waste storage ponds, a manure separation system and feed storage structures to include one silo, two grain bins and a concrete bunker. No expansion is planned at this location over the next permit term; however silage leachate collection system and barnyard runoff collections will be installed. Ebert Dairy Enterprises LLC has a total of approximately 6,313 acres available for land application of manure and process wastewater. Of this acreage, approximately 1,795 acres are owned and 4,866 acres are rented. Ebert Dairy Enterprises proposes to use irrigation equipment to land apply manure or process wastewater as part of WDNR funded research on two fields. Details concerning the manure and process wastewater irrigation applications are included within Ebert Dairy Enterprises LLC proposed permit and nutrient management plan (NMP) .The NMP was reviewed and a conditional approved by the department on July 12, 2013.

The Department has tentatively decided to reissue Ebert Dairy Enterprises LLC WPDES permit early to include the former Duescher Legendairy Farm whose WPDES permit coverage will be revoked.

Permit Drafter: Danielle Block, DNR NER, 2984 Shawano Avenue, Green Bay, WI 54313, (920) 662-5460,

Informational Hearing Date, Time, and Location:
September 5, 2013
Permit and Irrigation Informational Session: 9:00-10:00am
Public Hearing 10:00am
Kewaunee County Land and Water Conservation Department-625 3rd. St. Luxemburg, WI 54217

The Department of Natural Resources, pursuant to Section 283.49, Wisconsin Statutes, has scheduled a public informational hearing for the purpose of giving all interested persons an opportunity to make a statement with respect to the proposed permit action, the terms of the nutrient management plan, and the application for this operation.

The hearing officer will conduct the hearing in an orderly fashion and will use procedures specified in Subchapter II of ch. NR 203, Wis. Adm. Code, necessary to insure broad public participation in the hearing.

The hearing office will open the hearing and make a concise statement of the scope and purpose of the hearing and shall state what procedures will be use during the course of the hearing. The hearing officer shall explain the method of notification of the final decision to grant or deny the permit and the methods by which the decision may be reviewed in a public adjudicatory hearing.

The hearing officer may place limits on individual oral statements to insure an opportunity for all persons present to make statements in a reasonable period of time and to prevent undue repetition. The hearing officer may also limit the number of representatives making oral statements on behalf of any person or group.

Informational and clarifying questions and oral statements shall be directed through the hearing officer. Cross- examination shall not be allowed.

Persons wishing to comment on or object to the proposed permit action, the terms of the nutrient management plan, or the application, are invited to do so by attending the public hearing or by submitting any comments or objections in writing to the Department of Natural Resources, at the permit drafter’s address. All comments or suggestions received from members of the public no later than 7 days following the date of this public hearing will be used, along with other information on file and testimony presented at the hearing, in making a final determination. Anyone providing comments in response to this public notice will receive a notification of the Department’s final decision regarding permit coverage. Where designated as a reviewable surface water discharge permit, the U.S. Environmental Protection Agency is allowed up to 90 days to submit comments or objections regarding this permit determination.

Information on file for this permit action, including the draft permit and fact sheet (if required), the operation’s nutrient management plan and application may be inspected and copied at the permit drafter’s office, Monday through Friday (except holidays), between 9:00 a.m. and 3:30 p.m. Please call the permit drafter for directions to their office location, if necessary. Information on this permit action may also be obtained by calling the permit drafter at (920) 662-5460 or by writing to the Department. Reasonable costs (usually 20 cents per page) will be charged for copies of information in the file other than the public notice and fact sheet. Permit information is also available on the internet at: Pursuant to the Americans with Disabilities Act, reasonable accommodation, including the provision of informational material in an alternative format, will be made to qualified individuals upon request.

PUBLISHING NEWSPAPER: Green Bay Press Gazette, PO Box 23430, Green Bay, WI 54305-3430 Date Notice Issued: July 31, 2013


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