LINCOLN, Neb. (DTN) -- Riverview Farms will move forward with the construction of a $90 million, 12,500-head dairy south of Fargo, North Dakota, in Richland County, after the North Dakota Department of Environmental Quality issued a state animal feeding operation permit late last week.
The number of dairies has been on a steady decline in North Dakota for decades. In 1980, there were 93,000 dairy cows in North Dakota, according to the North Dakota State University Extension.
That number fell by about 46% to 50,000 in 2000. By Jan. 31, 2024, the state had approximately 10,000 milk cows, according to the National Agricultural Statistics Service.
The proposed dairy received pushback from residents in and around the southeast North Dakota towns of Abercrombie, Breckenridge and Wahpeton. The dairy is to be built atop the Wahpeton Buried Valley Aquifer, which supplies drinking water to nearly 30 wells.
Some area residents expressed concerns about how the operation would affect drinking water supplies.
The state's DEQ said in a news release on Jan. 3, 2025, that it considered and gave response to all public comments submitted.
"In response to public feedback, the NDDEQ reevaluated the permit application, particularly the facility's proximity to a proposed well-head protection area," the state agency said in a news release.
"As a result, the permit was updated to include new groundwater monitoring requirements. These monitoring wells will provide additional protections to ensure groundwater resources are safeguarded."
David J. Erickson, a principal hydrogeologist with Water and Environmental Technologies, who conducted a study of the proposal on behalf of area residents, offered several public comments about the proposal.
He expressed concern that the 106.7 million gallons of manure waste handled annually by the dairy would "result in spills on the facility and on nearby roads, will result in rancid manure odors over a large area and will result in a large increase in the number of flies and insects in the area."
The state said in its response released last week that, "If odors in violation of the standards prescribed in this rule are found, an enforcement action can be taken to address those odors. The three wastewater ponds are designed to have a synthetic cover which reduces vector concerns. The facility's operation and maintenance plan shall include an emergency action for spills, discharges or failure of a collection, storage, treatment, or transfer component."
Erickson said he was concerned about chemicals and other contaminants often found in lagoons on animal feeding operations.
The DEQ said in response that the aquifer in Wahpeton would not be "continually monitored" by the agency's groundwater program.
"The department does monitor surficial aquifers throughout the state that have an elevated risk of contamination," the DEQ said in response.
"The 2021 report shows 129 total wells were sampled across 15 aquifers. Pesticides were detected in eight of 129 wells sampled, with one well having two different pesticide analytes detected. All detected pesticide detections were below the prevention action levels established for specific pesticides. Consequently, the regulatory portion of the pesticide state management plan was not engaged. The nitrate maximum contaminant level was not exceeded in any of the 129 wells sampled."
The state said the company building the dairy "identified sufficient cropland acreage to apply the manure produced as fertilizer, aligning with North Dakota nutrient management requirements."
Based on public concerns, however, the agency said it revisited the 100-year floodplain analysis for the region.
"As a precautionary measure, three fields in the floodplain were removed, while maintaining the required minimum acres for the nutrient management plan," the DEQ said.
"While many issues raised during the public comment period were addressed, it is important to note that certain concerns, such as the facility's water source and the operation's location, fall outside the NDDEQ's jurisdiction and are not subject to review under the permit process."
Todd Neeley can be reached at todd.neeley@dtn.com
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