Proposed Confined Feeding Operation - Request for Review Dismissed

News
Written By Amanda

October 21, 2022 - In a follow-up to their October 6 decision to dismiss G&S Cattle's request for review, the NRCB has now released a document explaining why they dismissed it.

The NRCB dismisses all the claims that G&S Cattle raised in their request for review, saying that: “G&S Cattle failed to convince the Board that the approval officer improperly assessed community effects and land use, disregarded established principles and processes, misinterpreted the authority of the PLWMP, unfairly focused on the concerns of unaffected persons to the exclusion of agricultural operators, and/or improperly relied on the PLWMP.”

The board also found that the Pigeon Lake Watershed Management Plan (PLWMP) was “credible and highly useful.” They said that “the nature in which the watershed Plans were developed and the commitment to those Plans as represented by the signatories represent a solid example of best practice in formalizing community interests.” The support of municipalities, the Maskwacis Cree Nations, professional planners and technicians, ecological studies, and PLWA’s more than 1,100 members make the PLWMP an important planning tool for the watershed.

Several Summer Villages and residents had asked the NRCB to reconsider giving them Directly Affected Party Status. The NRCB decided that since “the Board is dismissing G&S Cattle’s application for review, the Board considers the DAP requests moot.”

October 6, 2022 - Amazing news! The NRCB Board has dismissed G&S Cattle's request for review of the decision denying their CFO application.

The Board decided that "the approval officer adequately dealt with all issues raised in the applicant’s filed request for review, and that the issues raised are of little merit." They have shared a letter on the NRCB website with the decision, and will release a full report with their reasons soon.

35 rebuttals were filed against the request for board review, including a letter that was prepared by PLWA, our legal counsel, and the Directly Affected Parties we are working with. Many of the rebuttals emphasized the importance of the Pigeon Lake Watershed Management Plan, the effects this CFO would have on the community and environment, and the inappropriate use of land.

A huge thank you to everyone who has been a part of this long process, including all of the PLWA members, everyone from the community who sent in statements of concern and rebuttals, and to the municipalities, Maskwacis First Nations, Métis Nation of Alberta, businesses, and volunteers. The community's voice has been heard! You can read this decision, the rebuttals, and future documents here.

Read about the Confined Feeding Operation in the media:

No reason to review rejected proposed feedlot near Pigeon Lake, Alta., regulator says, CBC, by Bob Weber, The Canadian Press · Posted: October 6, 2022

A full list of articles, from April to the present, is at the bottom of this page.

What you can do now:

To help prevent future Confined Feeding Operation applications in the watershed, we recommend attending one of the County of Wetaskiwin's upcoming open houses to provide feedback on their draft Municipal Development Plan (MDP). An MDP is a very important planning tool and the first thing the NRCB looks at when they get an application. The County of Wetaskiwin is considering prohibiting CFOs in the Pigeon Lake watershed, and we need to show support for this action. The current draft MDP is available on the County’s website.

Community input in land-use planning is critical. Don't miss this opportunity to have your voice heard! The MDP review open houses will be held from 7 to 9 p.m. on:

• Oct. 17, 2022- Buck Lake Community Hall;

• Oct. 18, 2022- Winfield Agriplex Hall;

• Oct. 26, 2022- Falun Community Hall;

• Oct. 27, 2022- Mulhurst Bay Community Hall;

• Nov. 2, 2022- Millet Agriplex Banquet Hall

• Nov. 3, 2022- Wetaskiwin Ag Society Barn.

Read more in this Pipestone Flyer article.


September 29, 2022 - Directly Affected Parties have submitted their rebuttals to the NRCB ahead of the deadline, asking the NRCB to uphold the previous decision denying the CFO application. Included in the rebuttal was an environmental report on what pollutants the CFO would contribute to groundwater and surface runoff, a letter from a biologist about the impact these pollutants would have on Pigeon Lake, and an engineering report about the problems with the CFO’s proposed manure storage catch basin.

Leading up to the deadline, PLWA staff and board also attended an event to help over two dozen Directly Affected Parties prepare their rebuttal letters.

The NRCB Board will now deliberate whether to undertake a review of this decision. According to the NRCB, the decision could be released as soon as Thursday October 6th (i.e. within 10 working days of the Request for Review). If the NRCB decides to have a review, it can take the form of either a written review or a hearing. If not, the decision to deny the CFO application will stand. The rebuttals will be posted on the NRCB website once the decision is made.

Read more about this Confined Feeding Operation in the media:

Feedlot owner wants review of decision to deny expansion near popular Alberta lake, Globe and Mail, by Bob Weber, The Canadian Press · Posted: September 26, 2022

The smell of money not embraced by all, Western Producer, by WP Editorial (Opinion) · Posted: September 29, 2022


September 22, 2022 - G&S Cattle has appealed the decision, asking for the NRCB to review the Approval Officer’s decision in this Request for Review document.

Directly Affected Parties have until September 29th to submit rebuttals before the NRCB Board decides whether or not to review this case. PLWA will be working with two Directly Affected Parties and legal counsel to help them prepare a rebuttal emphasizing the importance of the Pigeon Lake Watershed Management Plan, the effects this CFO would have on the community, and the inappropriate use of land.


August 31, 2022 - The proposed 4,000 head CFO has been denied by the NRCB!

RA21045 - G&S Cattle Ltd.

Decision Date: August 31, 2022
Request for Review Deadline Date: September 22, 2022

Decision Summary
Technical Document
Decision Letter

PLWA established the Defend Pigeon Lake Watershed Initiative and fundraising campaign with the intention to have the confined feeding operation (CFO) application declined. Based in large part on the “significance, variety, and substance of the concerns” expressed by close to 400 individuals, groups, and Indigenous communities about the CFO, the Approval Officer “determined that the proposed CFO would pose materially negative and long-lasting effects on the community” and that it “would not be an appropriate use of the land.” The Approval Office said the applicant failed to address valid concerns about “the effects on the community due in part to the location being in a sensitive watershed, the high use of the greater area by recreational users, and the efforts by the community to improve lake health.” The community's support has made a difference.

The decision goes on to note that "the PLWMP is key in the assessment of whether the CFO would be an appropriate use of land." The Approval Officer relied on the principles and guidance of the Pigeon Lake Watershed Management Plan and the Pigeon Lake Area Concept Plan that were developed by long-term collaboration of numerous governments, environmental and municipal bodies.

Funding for this initiative was collected to support our:

  • Short-term efforts to coordinate a robust legal challenge, and create an enhanced environmental risk assessment.

  • Long-term monitoring and management of pollution from existing industrial scale livestock operations, and our efforts to support enhanced environmental measures in land use management policies.

To date, funding has enabled PLWA to provide the NRCB with a new environmental report on pollutant loads in surface runoff, provide expert scientific input on the potential impacts of the proposed CFO, retain and engage legal counsel, collect and test water quality in pigeon lake and the creeks, host stakeholder meetings, gather information on past decisions, and appeal to municipalities to include watershed management in land use planning. If G&S Cattle appeals the decision, funds will continue to be used in the legal process. On an ongoing basis, funds will help support long-term monitoring of water quality and creeks at Pigeon Lake including monitoring impacts of the current intensive cattle operation. The next sampling is scheduled for mid-September.

To all of the PLWA members, everyone from the community who sent in statements of concern, and to the municipalities, First Nations, businesses, and volunteers who have been helping PLWA Defend Pigeon Lake, thank you!!


PLWA’s Defend Pigeon Lake team includes:

  • Rick Melia, PLWA Director and CFO Response Lead

  • A PLWA Program Coordinator offering administrative support

  • Legal counsel

  • Representatives for the directly affected parties

  • An Environmental Engineer and Contaminant Geoscientist.

A big thank you to Clarence Shields for donating two Defend Pigeon Lake billboards to help raise awareness about the CFO challenge.


August 20, 2022 - A decision from the Natural Resource Conservation Board (NRCB) is expected at the end of the summer, or in early fall.

PLWA presented to the County of Wetaskiwin Councillors at their August 9th Council Meeting. PLWA asked council to include watershed management in two land use policies that will impact Pigeon Lake - the Municipal Development Plan (MDP) and South Pigeon Lake Intermunicipal Development Plan (IDP). We asked council to make the watershed a CFO exclusion zone in the new policy documents and reminded council that the completion of the IDP is urgent. If County of Wetaskiwin and the Summer Villages could agree on the terms and complete the process to instate the new IDP before an NRCB decision is released, it could stop the CFO.

PLWA provided technical data to show how pollution from a CFO impacts the water quality in local streams and the lake. Bill Ballhorn, a cottage owner at Ma-Me-O Beach and cattle producer joined PLWA to provide a cattle producer's perspective on issues with a CFO in the watershed. A delegation of four members from the Maskwacis Cree Nation, including the Executive Director of the Maskwacis Cree Tribal Council, presented their concerns about the proposed CFO. To help defend Pigeon Lake and show support for the presenters, about 30 directly affected and concerned residents also attended the County of Wetaskiwin Council meeting.

After the meeting, PLWA submitted a letter to the South Pigeon Lake IDP Committee to formally request that the IDP:

  • Include a CFO exclusion zone in the IDP,

  • Incorporate the Pigeon Lake Watershed boundary within the IDP, and

  • Be approved before the NRCB application decision for the proposed CFO near Pigeon Lake is released.

Note: once the municipalities agree to the terms of the IDP there is a formal process for public consultation before the IDP can be finalized.

August 6, 2022 - PLWA staff met with groups from around the lake at the Mulhurst Legion on July 27th. Discussions focused on preparing to ask the NRCB for board review, an awareness/political campaign to improve environmental considerations in legislation, and important considerations in municipal land use policies.

On August 9th, a PLWA team has registered to speak at the County of Wetaskiwin general meeting to address the urgency of environmental protections in the Municipal Development Plan and Intermunicipal Development Plans including emphasizing CFO exclusion zones for the health of Pigeon Lake. We expect to be joined by the Pigeon Lake Regional Chamber of Commerce, a local producer, directly affected parties, and other partner groups.

July 20, 2022 - Following the water quality advisory that was announced by Alberta Health Services (AHS) for Zeiner Beach earlier this month, we requested a source trace analysis to determine whether the contaminants were ruminant (i.e. large animal such as cattle). Additionally, our team went out and collected water samples from 10 different sites (including Zeiner Beach and the creek that feeds it) as a part of our CreekWatch program. All samples were sent to our partner lab in Edmonton to be tested for various water quality indicators. It is expected that we will have results from this round of testing within the next two weeks.

Reminder: A formal update on the CFO application and our Defend Pigeon Lake initiative will be given by our CFO response lead (Rick Melia) and our legal counsel from MLT Aikins (Meaghan Conroy) at our Annual General Meeting on July 23.

June 30, 2022 - Our team met with individuals and groups from around the lake to discuss advocacy and a legal challenge. In attendance were members of the Maskwacis Cree Tribal Council, the Métis Nation of Alberta, Pigeon Lake Regional Chamber of Commerce, a council member from the Summer Village of Crystal Springs, Pigeon Lake Renewal League, directly affected parties, and members of the local community. Regular meetings have been scheduled with this group. Volunteers are helping to review NRCB cases, policy and legislation to prepare for an appeal. A case in Ponoka, 2.4km from Chain Lakes, that was recently approved is a significant reminder of the challenge that we face.

June 15, 2022 - PLWA has established a creek sampling strategy with the help of local volunteers, directly affected parties, the Alberta Lake Management Society, the environmental consultant, and two labs in Edmonton to help support our legal challenge with scientific evidence.

April 6, 2022 - Pigeon Lake Watershed Association submitted a Statement of Concern to the Natural Resource Conservation Board (NRCB) identifying the environmental and human health risks of an industrial scale agricultural operation in the watershed. We backed up our statement with science in a CFO Adverse Effects Background Report, which was further strengthened with the support of 340 statements from residents who reached out to us to share their concerns.

We can’t afford to stop here. This proposed feedlot is contrary to the goals of the Pigeon Lake Watershed Management Plan. PLWA has reached out to municipalities for support and we are also asking individuals to help contribute to our initiative. We are heartened by the support we have from the community - Thank you!

Track our Donations

Fundraiser at Mulhurst Bay on June 18, 9:00am - 10:00pm

This event was a huge success! PLWA raised over $6000.00 for our Defend Pigeon Lake Initiative, and our staff had the opportunity to share information with a large number of our community members.

An extra special thank you to Gloria Booth and her volunteers for making this event possible! As well, we wanted to thank the First Nations dancer and the musicians who came out to share their talents with us!

Get Involved

Thank you to everyone who contributed to the success of the Defend Pigeon Lake Initiative by:

  • Donating to the Defend Pigeon Lake and Watershed Initiative.

  • Volunteering with PLWA to prepare for the NRCB Review.

  • Writing letters to the Minister of Agriculture and Minister of the Environment.

  • Contacting Fish and Wildlife Alberta to request the protection of the spawning grounds at Tide Creek and Sunset Harbor Creek.

  • Preparing an individual appeal to the Natural Resources Conservation Board. An appeal will be required if the application for a feedlot is approved or if the application is declined and the proponent appeals the decision.

  • Writing a letter to the County of Wetaskiwin to enhance the municipal development plan and exclude CFOs in the Pigeon Lake Watershed. According to their CAO, the County of Wetaskiwin will amend its Municipal Development Plan by December 31, 2023 to prohibit new and expanded Confined Feeding Operations (CFOs) within the Pigeon Lake Watershed.

Board Decision, Notification & Appeal Requirements

Parties who provide statements of concern will receive a copy of the NRCB decision. All parties that have or are awarded directly affected party status will have 10 working days to submit a request for review to the Board of the NRCB if they wish to appeal the approval officer’s decision.

Awareness In The News

About the CFO Application

RA21045 - Greg Thalen and G&S Cattle Ltd.

Location:  Wetaskiwin County

Statement of Concern Deadline: April 7, 2022

Notice of Application published in: Pipestone Flyer

https://www.nrcb.ca/confined-feeding-operations/applications-decisions2/notice-of-applications

What is a CFO?

It is a fenced or enclosed land or buildings where livestock are confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing, and any other building or structure directly related to that purpose (Agricultural Operations Practices Act, Section 1).

The proposed operation includes the construction of 4 pens, a manure catch basin, and 16 quarter sections in the watershed that have been identified to spread the manure and incorporate into the soil. The operation of the CFO, manure storage and spreading are regulated under the Agriculture Operations Practice Act (AOPA) and its regulations. Authorizations for new CFO’s are the responsibility of the Natural Resources Conservation Board (NRCB).

Add your name to PLWA’s Submissions

Names provided by 6pm on April 7th have been included with PLWA’s statement of concern. Any names added after this time will be included if there is an appeal.

 

Amanda
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