In 1995, Joanne Siciliano-Jones, Ph.D. and Lawrence R. Jones, Ph.D. formed FARME Institute, Inc which is a private consulting company dedicated to the dairy industry. Through their work with several agribusiness customers, the need for a dairy facility to test and demonstrate commercial products became evident. This niche was formed when universities began to focus on more basic research and when other private research facilities (e.g., Agway Farm Research Center) closed. In 1999, Larry initiated the plan to form Dairy Development International, LLC and to build a state-of-the-art demonstration facility that has economic viability as it strongest conviction.
Early in the process of formulating the concept of a new dairy facility, Larry and Joanne consulted with Corwin Holtz, who at the time was a Large Herd Specialist for Agway, Inc. Once it was determined that the philosophies of DDI were consistent with Corwin’s aspirations, he joined DDI as the Farm Manager. Larry serves as the General Manager. Recently, Corwin was approached by Keith Chapin for the Herdsman position. Keith graduated from Cornell University in the Dairy Fellows program in 1997 and has served as the herdsman on a 1,000 cow registered dairy farm in upstate New York. Keith joined DDI in June 2001.
Finding a suitable location for DDI was a formidable task. By 1999, FARME Institute, Inc had 8 employees but no actual office space. The company was being operated from employee’s homes. To build an office building required land that was zoned business. The ideal site was a piece of land in Little York, Town of Homer, which was zoned business for 300 feet from the right-of-way and agricultural for the remaining portion. The piece of land was relatively flat, well drained, had plenty of ground water, had natural gas, and was close to 3-phase electricity. Most importantly, this land was for sale and the prospects of additional land in the area were high. However, this land was not without controversy. In the 1960’s, a developer had tried to subdivide the land to build houses. This was defeated. In the mid-1990’s, a feed company proposed a feed mill, which faced much opposition and placed the farming community at odds with the local residents.
In the mid-1990’s, the Town of Homer implemented an Aquifer Protection District to protect its sole source aquifer. The Protection District has development limits that require a Special Use Permit. Because the Town is issuing a Special Use Permit, they must follow the New York State Environmental Quality Review (SEQR) act (www.dec.state.ny.us).
The feed mill required a Special Use Aquifer Permit as it represented over $50,000 of non-residential construction. The permit was granted by the Town of Homer Planning Board but defeated in a court challenge.
As of 1999, this land was rented by a local dairy farm that retained the first right of refusal for purchase. Larry and Joanne made a purchase offer for this land, which was accepted. The first right of refusal was not exercised.
The construction site is approximately 30 acres located in the Homer/Preble valley. The land is glaciated gravel with a river (aquifer discharge) running through the center of the valley. The site is bounded by an active railroad track to the west, an active dairy farm to the south (Neumandale), a state route to the east, and a county road to the north. The prevailing wind is from the west. There are houses to the south and to the north of the proposed barn construction.
In November 1999, we were granted a Special Use Aquifer Permit and began construction of a 4,300ft2 office building. There was some NIMBY opposition by local residents that wanted the field to stay green. This office building was opened in April 2000.
Figure 1. Office building
In December 1999, FARME Institute, Inc (i.e., Larry and Joanne), applied for another Special Use Aquifer Permit to construct an 850-cow dairy farm on the Agricultural portion of this piece of land. The process of obtaining the Special Use permit required 9-months and was complicated by a confusing process.
- All parties agreed that the sole source aquifer must be protected. It was clear that this operation would need a CAFO plan, but the Town of Homer Planning Board was unsure if the CAFO plan would suffice their concerns.
- The building site is in the State designated Agricultural District, which provides it special protection from burdensome requirements.
- Agriculture is considered a Type II action under the State Environmental Quality Review act (§617.5.c.3), which implies no further environmental review.
- Actions that approve the physical alteration of 10 acres are considered Type I actions under the SEQR act (§617.b.6.i ).
- The DDI complex has a physical alteration of nearly 15 acres.
In May, 2000, the Town of Homer Planning Board decided that this action was Type I under SEQR and the process to prepare a Environmental Impact Statement was initiated.
The delay in the permitting process caused a dilemma for the crop program. DDI could not build a bunk silo without the permit, but we could place Ag Bags on site as any other farm would do. Unfortunately, a proper pad could not be prepared so the bags were places on the native soil. However, the site is highly drained so this did not result in much of a loading or unloading problem.
As a result of using the Ag Bags, we have since decided that this is a viable feed storage system. There is no high-flow leachate from the bags. When the forage is harvested properly, there is also no low flow leachate. And, the spoilage associated with AgBag Storage is significantly lower than a bunk silo system.
Figure 2. Ag Bag Pads placed on the building site – Summer 2000.
In July 2000, Gerald Neuman sold his cattle and rented his facility as well as land to DDI. Neumandale Farms houses approximately 40 cows. DDI will keep cattle in this facility only until the new complex is opened.
Figure 3. Neumandale Farms
Opposition to this project came in three general forms. The first opposition was from local dairy farms that were concerned about land competition. The second opposition was from people that were afraid this facility would pollute the aquifer. The third was local residents who were concerned with odor associated with a dairy farm.
Concerning the opposition due to land competition, of the 1400 acres that DDI is farming in the 2001 crop year, no land is disputed. All land was acquired in an amicable manner. Concerning the aquifer, the building site is a zero discharge site. Several measures have been taken to ensure no catastrophic contamination due to an disaster, and manure will be used as a soil amendment according to the Animal Waste Management Plan incorporated in the CAFO Plan. Regarding the concern about odor, an anaerobic digester was incorporated in the plan to convert the volatile solids to biogas that will be used to produce energy.
The Special Use Permit was granted on September 12, 2000. The permit contained the following Special Permit Conditions.
SPECIAL PERMIT CONDITIONS for F.A.R.M.E. INSTITUTE DAIRY PROJECT
- The permittee shall construct and operate the facility in accordance with the Final EIS and all plans which have been submitted, except as modified by these permit conditions.
- The permittee shall construct and operate the facility in accordance with all applicable agricultural best management practices.
- There shall be no use or occupation of any buildings or facilities before a CAFO plan addressing manure management for a maximum of 850 animals has been prepared by a qualified CAFO planner.
- The permittee shall provide impermeable secondary containment around the manure lagoon which is capable of securely holding a minimum of 440,000 gallons.
- The permittee shall construct a berm downstream of the facility in a manner that will contain any additional potential runoff from the theoretical catastrophic spill and prevent it from flowing overland to any surface waters.
- All secondary containment shall be designed and constructed in accordance with plans prepared by a qualified professional engineer who shall provide written certification that its design and construction is suitable for its intended purposes. All reports and certifications required by the special permit and these permit conditions shall be filed with the Town of Homer Code Enforcement Officer, the Cortland County Health Department, and the Cortland County Soil & Water Conservation District.
- All maintenance on the manure lagoon shall be in accordance with a plan prepared by its manufacturer and shall be performed by the manufacturer or a qualified individual contractor. Records of maintenance and inspection shall be kept available on site for examination by representatives of the NYS Department of Environmental Conservation and the Cortland County Health Department.
- All underground wastewater piping shall be pressure tested when installed and test results shall be kept on site and shall be submitted to the Cortland County Health Department. Perforated drains are to be installed under the wastewater pipes and drain into a holding tank to permit checking for leaks.
- The permittee shall install and monitor a monitor of 4 groundwater monitoring wells, including the existing well on the premises. The tests and testing schedule shall be fixed by the Cortland County Health Department. Sampling and testing shall be performed by an approved laboratory or agency. The monitoring shall be sufficient to establish the groundwater flow direction and original baseline water quality.
- The permittee shall keep and maintain an odor plan and a daily odor diary which shall record conditions (nature and intensity of detectable odors) and measures taken to minimize or ameliorate noticeably objectionable changes that may occur. The permittee shall also prepare and post on site a plan for emergency responses to accidental spills or other potential emergencies, and all employees shall be trained in the implementation of such plan.
- The permittee shall obtain liability insurance which covers environmental risks, with minimum limits of $1.5 million, covering damages from potential manure spills and shall name the Town of Homer as an additional insured.The insurance policy language shall be subject to review and approval by the Town of Homer Planning Board and its attorney.
- By its acceptance of the special permit, F.A.R.M.E. Institute expressly accepts full legal responsibility for all damages and costs, direct or indirect, of whatever nature and by whomever suffered,for injury or damage resulting from any activity conducted pursuant to the permit and these conditions, or in noncompliance with the permit and these conditions, and agrees to indemnify and save the Town of Homer harmless from any and all suits, actions, damages and costs of every name and description resulting from such activity.
- The permittee shall provide a performance bond to the Town of Homer in the amount of $50,000.00 which shall guarantee or/or pay for the cost of any necessary environmental cleanup, including potential costs of removal of wastewater from the manure lagoon in the event of its abandonment.
- Any change in the project or any change in ownership of the project shall require a new application for a special permit in accordance with the provisions of section 109-25, subdivisions A and B, of the Town of Homer Code
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Even though the process of planning the dairy complex had been underway for over 9 months, a general contractor had not been selected at the time of the permit award. After serious deliberation, FingerLakes Construction Company was awarded the contract to design and build the new complex with Don Richards as the lead. Brubaker Consulting Group was awarded the contract to develop the CAFO plan that is led by Carl Crispell.
Figure 4. Design team for DDI.
On December 4, 2000, the first excavation for the new dairy complex started. The new complex is expected to have the first cows on site in July 2001 and be completed by September 2001
Figure 5. First dirt moved for the new dairy complex.
In January 2001, DDI began operating the Chace Farm located to the west of Homer. This farm is approximately 8 miles from the main DDI facility.
Figure 6. Chace Farm.
The Chace arrangement has allowed DDI to milk approximately 350 cows at this location as well as acquire significant acreage of land. Once the new complex is opened, these lactating cows will be moved to it. The Chace facility will be used to house dry cows and pregnant heifers in the future. |