A resident in Union Grove is again challenging a county-issued permit that would allow a Kansasville livestock operation to increase in size.
In an appeal to the Livestock Facility Siting Review Board, Audrey Van Dyke is challenging the granting of a livestock facility siting permit by Racine County. The county, farm operator, residents and landowners within two miles of the proposed operation may submit comments to the board as part of the appeal process.
Van Dyke, who lives across the road from the proposed expansion of the Noble Farm at 21721 Plank Road, Kansasville, has asked the LFSRB to review the county’s decision to grant the application that allows the dairy farm to expand.
As part of the appeal, the county, facility owner, residents or property owners within two miles of the proposed livestock facility may file a ‘statement of position’ with the review board. Any statements received will be reviewed by the board as part of their decision-making to uphold or overturn the decision of the local government. A statement of position must pertain to specific issues presented in Van Dyke’s appeal request to the board. No new arguments or evidence will be accepted by the review board. Any person may review the decision record of the county by contacting the Racine Office of Corporation Counsel, 730 Wisconsin Ave., Racine, WI 53403; 262-636-3115.
Statements of position must meet the following criteria:
• Statements must be limited to the issues outlined in the request for review submitted to the board.
• Statements must be 10 pages or less in length and no less than 12 point font for typed documents.
• All papers must include the docket number for this appeal which is 09-L-01.
• Electronic mail (e-mail) is the preferred method to submit comments. A paper submission must include seven copies in addition to the original statement of position.
Statements may be sent electronically to DATCPsitingboard@wisconsin.gov by July 31, 2009. Mail statements and copies to LFSRB, Attention: Cheryl Daniels — Legal Section, P.O. Box 8911, Madison, WI 53708-8911 by July 31, 2009. For a copy of the appeal request submitted by Audrey Van Dyke, contact Cheryl Daniels, 608-224-5026 or send an e-mail to cheryl.daniels@wisconsin.gov.
The siting law established the review board as the group to hear appeals should a request for a new or expanded livestock operation be granted or denied by local government. The appeal process is available only to the applicants and aggrieved parties who are property owners and residents within a two-mile radius of the proposed livestock operation.
Once the review board receives certified documents from the local government, the board has 60 days to make a decision. The review board may extend the deadline for good cause. The board will not hold a new hearing, accept new evidence or listen to oral arguments except those that pertain to their jurisdiction to hear the matter.
In Oct. 2008, Van Dyke had appealed the expansion permit issued by Racine County because of concerns that the nutrient management plans were not adequate. In Feb. 2009, the LFSRB upheld Van Dyke’s appeal and overturned the county permit. Since then, the Nobles have resubmitted their permit to Racine County which the county granted. Van Dyke is challenging this most recent permit application.
