DNR holds virtual public meeting on Supreme Beef, LLC nutrient management plan

By Audrey Posten, Times-Register

The Iowa Department of Natural Resources (DNR) hosted a virtual public meeting on Aug. 31, to gather public comments on the nutrient management plan (NMP) recently filed by Supreme Beef, LLC.

The Supreme Beef, LLC facility is located along U.S. Highway 18, outside Monona. It’s the same site as the once-proposed Walz Energy facility, a cattle feedlot and biogas operation that, with the use of anaerobic digesters, planned to turn manure from 10,000 cattle into natural gas.

Construction on the Walz Energy project began in 2017, but little noticeable work occurred in 2018 and 2019. During that time span, the DNR issued several notices of violation for ongoing issues at the site, including illegal discharges to Bloody Run Creek and lack of storm water control measures at the construction area. The DNR also handed down two separate administrative consent orders, both with $10,000 penalties.

Last year, members of the locally-based Walz family sued their partners, the Feeder Creek Group, claiming its managing members lied about having financing for the operation, and accusing them of theft, misrepresentation and breach of contract.

Now, the Walzes are moving forward under the name Supreme Beef, LLC. Instead of converting the manure to energy, however, the plan is to apply it to properties in Boardman, Lodomillo, Giard, Mendon, Wagner, Farmersburg and Franklin townships in Clayton and Allamakee counties, according to a public notice issued regarding the nutrient management plan.

The notice said the open feedlot operation will have the capacity for 11,600 animal units.

According to Kelli Book, with the Iowa DNR’s Legal Services Bureau, any open feed lot with a capacity of 1,000 animals or more is required to submit a nutrient management plan. The NMP is a tool producers use to manage their feed lot’s manure and processed waste water. It matches up the nutrient value of the manure with fertilization of crops and, when properly developed and used, can prevent over-application of manure, she stated.

The purpose of the hearing, said Book, was not to discuss existing permits or the past history of the facility, but for the department to gather comments on if the NMP was submitted in accordance with DNR rules and the procedures provided in those rules, and whether or not the plan complies with the provisions of the rules.

Jared Walz, Supreme Beef owner and operator, who spoke prior to public comments, said his family has been farming in Clayton County for seven generations. 

“Honoring the heritage and foresight of our ancestors while safeguarding the future is paramount for us. The cattle site is a family owned and operated endeavor, focusing on the future and aiming to contribute wholesome beef to our family, friends and neighbors. These cattle will also be fed from the commodities from our local community,” he said. “Working for the betterment of our community through our team of local employees is another way we will contribute. By hiring high-quality employees, we can help stabilize and sustain our local economy and support other families.”

“A person would be hard pressed to find someone who cares, understands or appreciates our God-given gifts of natural resources more than an Iowa farmer,” Walz added. “As is often typical, we as humans sometimes get bogged down by the potential pitfalls instead of focusing on the proven positives.”

In written comments submitted to the DNR, Curtis Lundy, of Luana, said no one disputes that the Walzes are a fine family or that the facility will create jobs. However, “this whole Walz Energy/Supreme Beef endeavor has been characterized by shrouded operations, penalties and shoddy adherence to DNR orders...EPA and DNR rules have been skirted and ignored. As questions mount and remain unaddressed, the operation moves forward without regard to the watershed and community who live and work there.”

This was evidenced, said Supreme Beef neighbor Tammy Thompson, in the public notice regarding the NMP. While the DNR states public notices must be submitted to a local newspaper within the county, it was published only in The Guttenberg Press, a newspaper 30 miles from the facility and away from many of the townships listed for manure application. 

“Supreme Beef did not post the public notice in a local newspaper accessible to all residents in the county,” she argued in written comments. “The Guttenberg Press serves the residents in and around Guttenberg, in the southern part of Clayton County. Supreme Beef is located in the northeast corner...and notice was not posted in the Monona Outlook, North Iowa Times-Clayton County Register, Shopper or Trader—all of these newspapers are received by the vast majority of residents living nearest to the Supreme Beef facility.”

Thompson also took issue with the 39 million-gallon lagoon currently being constructed to store manure.

“This NMP lacks detailed information related to the handling and storage of manure in the lagoon,” she said. “How will they control the smell? A lagoon full of 30 million gallons of manure will be overwhelmingly odorous, causing neighbors to be unable to enjoy the outdoors.”

Bob Schroeder was concerned that blasting was being utilized to excavate the lagoon. That’s not a good idea, he reasoned, in an area with porous karst topography, where groundwater is close to the surface. 

“Who’s to say the manure won’t go right down into the aquifer as a result of the blasting,” Schroeder said. “Places are all tied together in the plumbing system of Mother Nature.”

When the Walz Energy operation was proposed, Elkader-area resident Larry Stone said he praised developers for seeking better ways to handle livestock manure by installing a methane digester, “but I strongly criticized the location in karst terrain and in the watershed of Bloody Run Creek, an Outstanding Iowa Water. Now, since Supreme Beef apparently has abandoned the methane digester, the project is an even worse idea, with more manure to be stored on site and applied to farms in Clayton and Allamakee counties.”

Like the Supreme Beef site, many of the areas where manure will be applied are underlain with karst, Stone added, and there are known sinkholes. 

“Heavy, continued application of manure to these fields is likely to contribute to groundwater pollution,” he said. “I specifically question the amount of manure to be applied. According to Iowa State University, the optimum rate of nitrogen for continuous corn is 190 pounds per acre. Supreme Beef proposes applying 240 pounds per acre. That should not be allowed, since the excess nitrogen would enter the environment to pollute water and air. There needs to be regular monitoring of the manure, and regular soil tests on the fields where it is applied, to assure there is not over-application.”

Stone said the application of manure on hilly, erodible terrain is also questionable. He gave one example where manure would be permitted on slopes of up to 18 percent, with bedrock less than two feet below the surface. 

“This almost certainly will lead to runoff and pollution,” he remarked.

According to Stone, runoff could impact the watersheds of Silver Creek and Roberts Creek, which are tributaries to the Turkey River. Steve Veysey, from Ames, was concerned about potential discharges to the designated Tier 2.5 water (Outstanding Iowa Water) Bloody Run Creek, as well as Sny Magill Creek, another Tier 2.5 water, and other local streams.

“It is my strong advice that the NMP review process in progress for this facility be halted immediately and remain suspended until a full Tier 2.5 review can be conducted,” he said. “The [DNR] cannot divorce responsibility for enforcing water quality standards from responsibilities to regulate animal feeding operations.”

Part of the DNR’s mission statement is to “ensure a legacy for future generations,” Schroeder said. “Allowing something like this to happen, is that really ensuring a legacy for future generations?”

If the plan complies with the provisions of the DNR’s rules, Book said the department is required to approve it. A decision is due no later than Oct. 3.