IOWA DEPARTMENT OF NATURAL RESOURCES

ENVIRONMENTAL SERVICES DIVISION

Field Office #1

909 West Main, Suite 4

Manchester, Iowa 52057

563-927-2640

DATE: 04/08/10

TO: Ken Moellers' files, Dairy 66190, Hayek Site, Yankee Ave Site, Gene Tinker -DNR, Paul Petitti – DNR, FO3, Tim Benton – AG’s office

FROM: Tom McCarthy and Amber Sauser

SUBJECT:	03/16/10 visit to Ken Moellers' sites in Howard County

On 03/16/10, DNR employees, Tom McCarthy; Amber Sauser; Gene Tinker and Paul Petitti met with Ken and Ryan (son) Moellers, Jason Gomes, MMP consultant; Nic Rowe, engineer; Larry Crawford, engineer.

Moellers Dairy operation, 66190, 23544 110th St., Cresco, IA 52136

We inspected the run off from the open feedlot. We noted water with greater than 3.0 parts per million (ppm) ammonia nitrogen (NH3-N). Ken stated no tile existed in the water way below the feedlot. The water way ends in a crop field with no tile. We stressed that no ditch should be allowed to form below the feedlot. Ken stated he would ensure no ditch formed below the feedlot.

A quarterly earthen basin inspection was conducted, see scan of inspection. We noted a small area of confinement manure had flowed into the waterway around the earthen basin, see photo 1. We informed ken that all confinement manure must be contained. Ken stated he would contain manure. On 04/08/10, via phone, Ken stated a sand berm was being used to contain manure. He also stated the small pool of manure outside the concrete push lane was cleaned up.

A MMP inspection with Jason Gomes, Ken and Ryan Moeller was conducted. Land application records were being kept on site. Ryan and Jason appear to understand our requirements. See scan of inspection. On 04/08/10, via phone, Jason stated he would ensure that the previous crop was on manure application records. Jason also stated manure that would be irrigated would be sampled for nutrients.

Discussed Confinement Site Manure Application Certification as required by the consent agreement. Note: According to DNR – Des Moines, Ken was certified on 03/19/10.

Hayek Site, 24343 110th St., Cresco, IA 52136 (66247)

We discussed water well near the home will be closed within 8 months and proof of proper abandonment submitted to this office.

I provided Ken with manure stockpiling regulations.

03/16/10 visit to Ken Moellers’ sites in Howard Co. page 2 of 3

Obtain a well variance for the remaining well prior to CP issuance.

Here are some of the provisions Paul Petitti will be adding to his Construction Permit (CP):

Within 8 months of receiving CP additional concrete to be added to floor and walls of existing concrete solids basin ramp serving open lot #1.

Within 8 months of receiving CP extend existing drain tile around the existing concrete storage tank and daylight tile to the south.

Within 8 months of receiving CP install gravity drain pipe and valve from existing confinement barn #1 pit to existing open lot #1 apron.

As soon as practical install depth markers in both concrete storage structures marking the maximum level allowed in order to maintain freeboard for the 25yr 24 hr rain event and the required 1’ of freeboard.

These are things Ken agreed to, but are not in Paul’s letter.

Construct earthen berm along east side of open lot #2 by August 1st 2010 to direct flow into concrete basin.

Within 3 years of receiving CP install concrete solid settling structure next to open lot #2 as outlined in current plans.

Control runoff from open lot feeding areas within 1 year of CP issuance. This may include roof or speed bumps.

Contain all manure when loading and unloading calves from confinement buildings. This may require a change to the concrete load out areas.

Within 8 months of receiving CP install gutters on open lots.

5.	NMP for Hayek is close to being approved by Amber. She is waiting until 04/17/10 when the public notice waiting period is over.

Yankee Ave Site, 11687 Yankee Ave, Cresco, IA 52136 (66368)

Gene Tinker discussed the importance of providing the correct animal numbers to the department. He discussed that USEPA can request animal numbers be reported on a 308 letter.

The corrected summary of animals by confinement and open lots on 03/05/10 appeared to be correct.

Ken agreed to push dirt and clay behind the manure settling boards to contain manure. No manure or liquids should be discharged from this feedlot.

We noted run off flowing into the crop field from the west end of he open feedlot. Ken agreed to install a grassed waterway at the west end of the open feedlot, drawn in on Site Map: Home.

A NPDES Permit Criteria work sheet was completed by Tom McCarthy. A quick evaluation using this work sheet shows that currently this site should not need a NPDES permit, scan attached.

03/16/10 visit to Ken Moellers’ sites in Howard Co. page 3 of 3

Consent Order

1. FO1 has not received any documentation of animal numbers/types at Ken’s Winneshiek Co feedlot.

IOWA DEPARTMENT OF NATURAL RESOURCES

mwade

2010-04-15

tmccart

epd/fo1