RD Comment Summary and Response final

Environmental Impact Statement Comment Summary and Response for Rosendale Dairy WPDES Permit February 27, 2009 Introduction: During the public comment period, the Department of Natural Resources (DNR, Department) received comments from 662 commenters on the environmental impact statement (EIS) for the Rosendale Dairy (RD) project. Most of the comments received are summarized categorically, with a response to each type of comment provided. The major sections of this document are: EIS/WEPA process, general EIS content, EIS chapters I - VI, general permitting, WPDES permit, air quality, and EIS errors and omissions. EIS/WEPA Process: Comment: Approve of the DNR decision to follow the EIS process. Response: Comment noted. Comment: Concern expressed that the decision to follow the EIS process was inappropriate, expensive, delayed the project, and/or was precedent-setting. A related comment made by several commenters was that the livestock siting law should have precluded the EIS review. Response: DNR is authorized to choose to follow the EIS process for a Type 2 action under NR150.20(1)(c)3 on a case by case basis. The decision does not set any legal precedent. Information requirements for an EA and an EIS under NR150.22(2) are identical, therefore there should be little cost difference. We are not aware of any delay in the review of the project. The livestock siting law does not supersede DNR's requirements under s. 1.11 Stats. and ...