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Feedlot program still solid, despite federal bribery case

By Lori Ehde
Eight years ago, Rock County basked in the glow of statewide recognition for its successful feedlot permitting program.

Today, local officials are struggling to maintain the integrity of the program under a cloud of federal bribery charges against former feedlot officer John Burgers.

Knee-deep in the county's subsequent Level III state audit of all its feedlots, current land management director Eric Hartman says heÕs glad to be here.

"When I applied for this job, Rock County was the county all others compared themselves to in feedlot permitting and environmental services," Hartman said.

"That was one of the reasons I was excited about coming into this job. I like the fact that I am in what is still a progressive program. I have no regrets about taking this job.

"I think the integrity is here in the program, and my goal is to have Rock County back on top again."

Further, he praised the staff at the Land Management Office. "I do not doubt the integrity of the staff here and the work they're doing," Hartman said. "As far as what I've witnessed first-hand and heard, they bust their buns for the county and the producers. It's good to see that in my co-workers."

The current audit of all local feedlots was prompted by the bribery scandal involving Burgers and Global Enterprises, but Hartman is quick to point out, this audit was on the horizon for Rock County anyway.

"This was the county's goal back in 1997, but it's a tough pill to swallow to be told to do it in two and half years," Hartman said.

"WeÕre going to go through something no other county has gone through before, as far as gathering this kind of information. Every other county in the state will have to have this done, but they'll get seven to 10 years to do it."

The audit is necessary for Rock County to keep its feedlot permitting ability and state funding.

In the end, Hartman said, Rock County's producers and the environment will be better off for having it done. "It gives the county a clean bill of health in the feedlot program and the environment."

Meanwhile, producers and county staff hope the existing program remains in tact.

"Yes, we've had some problems, but let's not throw out the baby with the bath water," said Rock County livestock producer Richard Bakken.

Bakken, a member of the Rock Nobles Cattlemen's Association, was one of the producers who was helped by Rock CountyÕs feedlot program in the early 1990s.

He remembers that being a time when livestock producers were fearful of the Minnesota Pollution Control Agency, which was enforcing new feedlot management guidelines.

Producers feared MPCA fines, but many were unable to afford the necessary construction to bring their feedlots into compliance.

Serving as a liaison between producers and the state, Burgers sought funding support and provided technical know-how to get the work done.

The 1994 Minnesota County Achievement Award recognized Rock County's inter-agency feedlot program as an innovation that "improved the quality of life for people in Minnesota."

In addition, Burgers established a feedlot ordinance for new construction or expansion of existing operations that became a template for counties statewide that were also balancing agribusiness and environmental concerns.

In 1995, Burgers' feedlot work earned him further state recognition as the "Outstanding Soil and Water Conservation District Employee."

The bottom line, and the most positive result, is that more than 600 Rock County feedlots went on the record as being environmentally friendly.

For example, some that used to drain directly into nearby creeks and waterways, were outfitted with structures to protect water supplies.

Bakken said the audit process could take years, likely producing minimal discrepancies, and meanwhile, he fears it will send the program in the wrong direction.

"Everybody now is kind of waiting to see what develops," Bakken said. "It took so long to build up trust for people to come into the office, and now they'll probably hang back. Instead of making progress for the next two years, nobody's going to do anything for fear of doing something wrong."

Complicating the audit is that MPCA staff involved in the original permitting of Rock County feedlots may have interpreted the law differently than those auditing those operations today.

That, and personality conflicts could make for a long summer.

"There's a decent way of doing it and there's the Gestapo way of saying 'You guys are going to get in line.Õ If they hadn't come down here with that attitude, it would have been different," Bakken said.

"We don't need to draw a line in the sand - we need cooperation, and for that to happen, we need trust on both sides.

Bakken, too, hopes no one loses sight of value Rock CountyÕs feedlot program still holds.

"You take a look at what we've got and what we've lost and you go forward," he said. "I think when you look at what we've got, we're still by far and wide the best program in the state."

Sod going in on Freeman and Estey project

By Sara Strong
The Luverne City Council met for its regular meeting Tuesday.

Administrative reports included an update on the Freeman and Estey Street project.

Contractors are laying sod and residents are asked to water the new sod to help it take root. The contractor is obligated to water it only after it is first in place, but during the current dry weather, it is important to water it almost daily.

The sod work is expected to be finished by July 4. The asphalt work is expected to be completed the week of July 8 to 15.

In other business Tuesday,

Residents of the northwest part of Luverne may have experienced decreased water pressure and are asked to remain patient while the city fixes a burst pipe.

Councilman Tom Martius asked if the city could look into installing or relocating garbage receptacles to the areas where teenagers typically loiter. The old Jubilee parking lot, across from the Rock County Community Library, and the Sears and Furniture House parking lot are both heavily littered, he said.

Mayor Glen Gust, City Administrator Matt Hylen and Councilman David Hauge returned from a League of Minnesota Cities conference in Rochester last week. They went to presentations on annexation, state aid to cities and general service to the public.

The Council moved its July Committee of the Whole meeting from July 16 to 5 p.m. July 23 to work around a council member who would be absent.

Runway plans shift to south

By Sara Strong
Expansion plans for the Luverne Municipal Airport will continue with a slightly different plan than was released earlier this year.

The Luverne City Council, acting on a recommendation from the Airport Board, voted Tuesday to go forward with engineer plans that call for the expanded runway to be further south.

Final surveying and more revisions are still needed before the plans can be examined at the state and federal levels.

Cost of the new plans and other components like an environmental study is about $18,000, of which the Airport Board is paying $5,000. That money comes from federal funds, though.

After public input, the engineering and consulting firm Bolten and Menk moved the expanded airport runway plans far enough to the south to allow for growth closer to the interstate. This met with more favorable reviews from area landowners than any other previous plan.

"We want this to be a cooperative effort," Airport Board Chairman Pat Baustian said.

The Airport Board wants people to know that a bigger runway will help the entire area. The hospital can use it for high-speed, longer distance patient transports. Bigger businesses or ones with distant executives can fly into the Luverne airport instead of Sioux Falls.

Baustian said expecting businesses to come to Luverne because of the runway may be putting the "cart before the horse," but that's better than having a prospective business not locate in Luverne because of inadequate transportation services.

Baustian said a quality airport is as important as busing or highway department services to the infrastructure of a community.

Township roads caused a clash between the city and Airport Board and the townships and county Planning and Zoning Board last time the runway expansion was debated.

The gravel township road just south of the airport (running east and west) is going to be closed with or without a new runway because of its proximity to the current runway.

The Minnesota Department of Transportation said the road is a liability to both the township and the city because of the airport and the airport is continually cited for the road being left open.

A road further to the south, between the properties of Greg Uithoven and Dan Smeins, will remain open according to the new runway plans.

Most areas that the airport gets easements for are still farmable. Height restrictions in the proposed new runway clearance area are mostly limited to very tall buildings or towers. Regular business or residential buildings would be at an acceptable height to meet regulations.

Dog days of summer

Richard Ellis throws out a line at the Blue Mounds State Park Lower Lake Monday. He and his wife, Judy (pictured in the boat), have spent a couple days at the park so far this season with their Chihuahua, Tia. Ellis is a Luverne native who now lives in Pipestone.

Photo by Sara Strong

Cooling down

With a black tarp and sprinklers, Brett Vander Poel (left) and Eric Stegemann turned a Hardwick yard into a summer water park Monday. Vander Poel, Hardwick, hosted Stegemann, Luverne, for the day, which brought high temperatures well into the 90s.

Photo by Sara Strong

Hazel Tomlinson

Hazel Christine Tomlinson, 96, Luverne, died Saturday, June 22, 2002, at Mary Jane Brown Good Samaritan Center in Luverne.

Services were Wednesday, June 26, at Dingmann Funeral Chapel in Luverne, with the Rev. Dell Sanderson officiating. Burial was in Maplewood Cemetery, Luverne.

Hazel Larsen was born to Henry and Christine (Hansen) Larsen on Feb. 26, 1906, in Branson, Iowa. She attended school in Branson.

She married Robert Emery Tomlinson on Feb. 22, 1928, in Sioux City, Iowa. They moved to Springwater Township in 1939 where they farmed until moving to Luverne in 1943, She moved to the Heritage House in 1990 and then to Mary Jane Brown Good Samaritan Center in 1991.

Mrs. Tomlinson loved quilting and gardening, especially growing African violets.

Survivors include one son, Robert (Diana) Tomlinson, Luverne; one daughter, Donna Loud, Bemidji; three grandchildren, Laura Richters, Jerald Loud and Jake Loud; and eight great-grandchildren, Brittney, Brenton, Brian and Breanna Richters, Caley, Samantha, Emily and Natasha Loud.

Mrs. Tomlinson was preceded in death by her parents, her husband, Robert, in January 1988, five brothers and two sisters.

Dingmann Funeral Home was in charge of arrangements.

Beaver Creek area first in county to harvest wind

By Sara Strong

Rock County is about to enter the wind energy market, with its first four towers going up this summer.

Beaver Creek farmer Mark Willers said the towers are as much about economics as they are about energy.

"It's rural development. We can't be just relying on the Farm Bill. This is a new generation," he said.

Willers serves as president of Min Win I, and the Rock County Board of Commissioners Tuesday granted the company a conditional use permit for two towers.

Another group of local farmers formed Min Win II and was also granted two towers.

The towers will go up about three miles southeast of Beaver Creek or seven miles southwest of Luverne. Some of the concrete base structures are being worked on this week, and the total project might be finished by August.

Each Min Win is spending $1.6 million on the project, which will be completely paid off in 10 years.

Each turbine will carry 1.8 megawatts, which is enough to power 400 homes.

President of Min Win II, Tom Arends, said this is by far the most interesting project he's worked on.

As a livestock producer, he said it's nice to be involved in something that doesn't raise environmental questions.

The Min Win groups are classified as Limited Liability Corporations to work with various federal tax codes. The details kept members busy, but they say it’s been worth the effort.

The groups are the first in the state to own turbines. Most are owned by power companies which then lease land from individuals.

Arends said, "We've put up with the wind for so long, that I don't see why we can't farm it."

Because the Min Win LLCs are so unique, they've gotten national attention and landowner-owned turbines might become a trend.

Even though power needs are steadily increasing, the United States is far behind the renewable energy wave.

Germany and Denmark, for example, get one-third of their power from wind, compared to about .05 percent in the U.S.

Roping the wind
Alliant Energy is contracting to use power generated from the new towers in Rock County.

Suitable transmission lines were an obstacle to the first wind towers in the state.

Since then, utility companies have made it clear that wind energy is important to them, or at least their customers. Xcel Energy recently proposed transmission lines to improve wind energy access in southwest Minnesota.

Missouri River Energy, which supplements the city of Luverne’s power, is introducing a plan that allows customers a choice to get some of their energy from wind.

Willers said these four turbines might be just the beginning in Rock County.

The group of 65 farmers who are members of the Min Win groups worked for almost 20 months to get to this point and probably won’t stop there.

Willers said that even though the profits hit Min Win members, more people will be affected by the turbines than meets the eye.

The materials - such as concrete - needed to construct the bases of the turbines will be bought locally; the units will be constructed in Minnesota; service to the towers will be provided by a Lake Benton company, which is considering expanding to Pipestone.

The only part imported from outside the state is the turbine itself from Denmark, which is necessary because of the quality of the product.

Considering local and regional impacts, Willers said it's no wonder the conditional use permit met no objections in a public hearing.

He said, "They save Missouri River water by not using hydro power, they reduce the use of coal and nuclear energy. They don't leak, they don't smell, they keep revenue here and you don't need a manure plan to run them."

Noise pollution apparently won't be an issue with the local turbines because Arends said the blades will move too slowly to create significant noise.

Livestock producers brace for audits

By Sara Strong

The Minnesota Pollution Control Agency heard more reaction Tuesday from local producers as comprehensive feedlot inspections approach.

July will bring county employees and the Board of Water and Soil Resources to every feedlot in the county for a Level III, or the most extensive inspection.

The Rock County Board of Commissioners brought the MPCA to the table during their regular meeting Tuesday for a review of the random file inspection already conducted. And livestock producers turned out to offer questions and comments to the MPCA.

Admittedly, most producers don't agree with some state regulations and others don't like the agency that enforces those regulations.

Richard Bakken, rural Garretson, S.D., said he has "no respect" for the MPCA after the way he was treated 10 years ago when he was volunteering to bring his operation into compliance.

"You would have thought I was the worst guy in the state of Minnesota," he said.

Hills cattleman Gene Sandager said the scrutiny Rock County is going through isn't fair. "They don't have to do it in Nebraska, Argentina or Brazil, but we have to do it in southwest Minnesota," he said.

The county’s part in the upcoming inspections include having a Land Management Office employee present during BWSR inspections and sharing some costs. The MPCA will visit the county weekly and specific sites when directed by the county to do so. The Attorney General will be updated as the process continues.

County costs will be partially covered by the settlement from a plea agreement with David Logan of Global Ventures, a hog operation that was involved in bribery crimes.
BWSR received $130,000 to spend on inspections and Rock County received $30,000.

In new county dollars spent, Rock County Administrator Kyle Oldre estimates that $80,000 is needed to get through the inspections. That includes hiring an additional clerical person to help the LMO in data entry during the heavily administrative process.

Preliminary tests
The Level III inventories are being done by to ensure no environmental harm was done during the tenure of former LMO director John Burgers. He was implicated in the Global Ventures scandal.

The county's options were limited if it didn't follow through with the Level III. It could have lost permitting rights and grant money.

MPCA completed a random audit of 71 permits of the 618 in LMO files.

The MPCA isn't releasing specific findings or numbers of infractions from that audit, but said most of the files showed some type of error. They were more often administrative and minor rule violations, and were less often major ones.

Some of the areas of concern included: unpermitted and the closure of unpermitted earthen basins, open lot runoff with new construction, engineering plans for construction of manure storage areas, animal unit miscalculation and incorrectly identifying animal species.

The County Board accepted the audit review and passed a work plan outlining what the county will do to correct problems. It also passed a Memorandum of Understanding, which is an agreement with the MPCA in relation to the inspections.
By approving these documents, the county keeps its status as a delegated feedlot county, which means it can approve permits without state inspection, and keeps state environmental grants.

Doug Bos, of the LMO, said, "I think this is the best scenario we can go by."

Bakken said, "I don't know of a better way to do it than having local people work with producers on their sites."

No black and white
MPCA representatives agreed that many of its statutes and regulations are open to interpretation.

That's what concerns Rock County producers because they were granted permits based on another feedlot officer's interpretations.

Earthen basins, for example, are simply part of the ground that may collect manure.

MPCA representative Jerry Holein said, hypothetically, that a 6-inch depression could be defined as an earthen basin. "It can be anything when it gets to the point where it’s stagnant and holding manure," he said.

MPCA Regional Manager Myrna Halbach said, "One of the things through this process we'll see, is that there's no black and white."

Holein said, "The concern is the integrity of the groundwater."

Commissioner Ron Boyenga said that as a member of the Rock County Rural Water Board, he understands the importance of water quality. "But we don’t want to put people out of business so there's no one to drink it either," he said.
Preserving the state's waterways is the chief concern of the MPCA when considering feedlots. If producers are found to have been wrongly permitted, they must come into compliance at their own cost, which will probably include an engineer signing off on a project.

Sandager said that's where his worries start. "My concern is this: You said it wasn't your intention to put us out of business. But we're running on zero to negative margins so putting dollars into our feedlots will cause us to go out of business."

Inevitable inspections
Rock County is the first in the state to see the total feedlot inspection, but the state has a goal of visiting every feedlot.

Rock County actually set that same goal in 1997, so this Level III inventory is just accelerating what would have been eventual. The goal end date for the Level III inspections is December 2004, but the county must continue after that date if the inspections aren't complete.

A Feedlot Task Force is being formed to work through the inspection process in the county. Those interested in joining can contact Oldre. The Task Force will discuss rule interpretations within the statutes' gray areas and help disseminate public information.

For specific information on feedlot rules, visit the MPCA Web site: www.pca.state.mn.us. Click on Hot Topics, then Feedlots. A feedlot help-line is available at 1-877-333-3508.

Thunder com up short twice

By John Rittenhouse

The Hills Thunder ended an 11-day layoff by playing a pair of games in a four-day span.

Hills traveled to Luverne Thursday to take on the home-standing Redbirds. The Thunder kept the game close before dropping a 5-0 decision.

Hills returned to Luverne Sunday to take on Truman. Truman rallied to score three late runs and pull out a 4-3 win.
The Thunder couldn’t put together a string of hits during Thursday's game against Luverne.

Hills received one hit each from Cade and Jarud Lang, Eric and Scott Harnack, Matt Funke and Chris Putnam, but the safeties did not lead to any runs.

Luverne, on the other hand, plated five unearned runs to post a win.

Thunder pitcher Matt Wingate pitched seven innings of four-hit ball in the starting role. He walked four batters and struck out nine. Wingate took the loss after allowing three unearned runs.

Putman yielded two unearned runs when pitching one inning of relief. He surrendered two hits, one walk and fanned one batter.

Hills let a 3-1 lead slip away when it played Truman in Luverne Sunday.

Playing as the visiting team, Hills scored twice in the top of the first and added another run in the fourth to counter Truman's one-run effort in the bottom of the first.

Truman bounced back to tie the game at three with a pair of runs in the bottom of the sixth before producing the game-winning counter in the seventh.

The Thunder gained an early advantage when Chris Harnack singled before scoring when Scott Harnack drilled a two-run homer.

The score was 2-1 entering the top of the third, when Hills' Cade Lang singled and scored when Justin Van Maanen slapped an RBI single.

Chad Rauk took the loss on the mound for the Thunder. He pitched six innings of three-hit, three-walk ball. Rauk fanned nine batters and was touched for four runs.

Putnam relieved Rauk in the seventh, allowing one hit and one walk while recording one strikeout.

The 0-7 Thunder host Heron Lake at noon Sunday.

Hills United Reformed welcomes intern

By Jolene Farley
Hills United Reformed Church intern Doug Barnes and his family say they have felt very welcome since their arrival in Hills Friday.

Barnes replaced the Rev. Keith Davis for the summer months after Davis accepted the pastor's position in a congregation in Lynwood, Ill.

Barnes attends the Mid-American Seminary, Dyer, Ind. and will return to classes once he leaves Hills.

"The folks have been absolutely fabulous," Barnes said. "These folks in Hills are just wonderful."

When Barnes and his wife, Grace, and their four children Michal, 6, Samuel, 4, Luke, 2, and Jacob, 6 months, arrived at the parsonage the refrigerator was fully stocked with food and the beds were freshly made.

"They just went above and beyond," he said.

Rev. Barnes said everything was so perfect he walked outside to ask a neighbor if he had walked into the wrong house.

Within 24 hours, the Barnes' home was full of visitors welcoming them to Hills. The children were excited they were invited to a farm to see cows, according to Barnes.

"They've been very warm," he said.

Doug's parents from Pittsburgh, Pa., arrived to help the family settle in to the parsonage.

Grace's parents, Rev. and Mrs. Ralph Ontier, live in Orange City, Iowa, where Ralph is a pastorate.

A committee of church elders is searching for a permanent replacement for Pastor Davis.

"This gives them a little bit of extra breathing space for that," he said.

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