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Board approves swine confinement; two others

Posted: Tuesday, Mar 12th, 2013


The Moody County Commissioners, acting as the Board of Adjustment, met in regular session last Tuesday. The Board approved Mustang Pass, LLC’s proposed swine confinement in the northwest corner of the county, as well as a separate smaller confinement by area resident David Sutherland and a conditional use permit by BOK Properties, LLC.

Mustang Pass, LLC’s had applied for a conditional use permit through the county on January 16th, 2013, for an over 7,000 head swine confinement in the Northwestern Quarter of Section Six, Township One hundred Eight North, Range Forty-Eight, west of the fifth P.M.

The Board held a public hearing for the conditional use permit in the Moody County Courthouse in February where several area residents spoke up about their concerns about the facility, including, but not limited to, smell and water pollution.

After the hearing, the Board reconvened and prepared their findings in order to make an educated decision. They announced their unanimous decision last Tuesday to allow Mustang Pass, LLC to build and operate their swine confinement with a list of 13 conditional use requirements. Some of those requirements include making the company use a pit additive to reduce odor as well as the installation of a biofilter that will also reduce odor. Mustang Pass, LLC must also implement a shelterbelt around the site within either the year of construction or within one year from the date of construction.

One of the final conditional use requirements forces Mustang Pass, LLC to deliver a written disposal plan for cleanup when either “ the economic life of the building has been depleted or the operations of Mustang Pass, LLC, its successors or assigns shall cease to exist.”

The confinement will only be allowed to house 3,230 animal units (piglets count as .5 units) and they will be forced to conform to the submitted site plan.

The operation will cost over 11 million dollars and create 14 full-time jobs in the community.

The Board of Adjustment also passed the conditional use permit of David Sutherland. Sutherland applied to construct a swine finishing operation on the Northeast Quarter of Section thirty-one, Township One Hundred Six, Range Forty-seven, West of the fifth P.M. A public hearing was held on February 19th, 2013 for Sutherlands conditional use permit.

The Board approved Sutherland’s application with a list of eight conditional use requirements, the first of which ensures the facility will be limited to no more than 990 animal units. The Board also added that Sutherland will need to use a pit additive to keep odor down as well as form a shelterbelt designed by the Moody County Conservation District and the South Dakota State Extension Service.

In their final approval of their meeting, the Board of Adjustment approved a conditional use permit to BOK Properties, LLC for a campground, with four votes for and one vote against.

Back in June of 2012, the Moody County Zoning Administrator, Jerry Doyle, sent out a letter to BOK Properties informing them that their properties on the Moody County side of Lake Campbell were in violation of the zoning ordinances of Moody County. After determining that BOK Properties would need to apply for a conditional use permit, several hearings were had between the two parties.

The property would need to be considered a campground based on the ordinances of Moody County, although BOK has no intentions of using it as such. The members of BOK Properties are a group of families from Brookings that all travel to Lake Campbell during the summer months with their children. With more than one family, there was more than on structure on the plot of land, violating the zoning ordinance.

The group was simply looking for a place where they could gather and enjoy each others company while their children used the lake. There were concerns about the heavier traffic, the safety of the other residents as well as the ability for BOK to rent the land out.

All those issues were addressed and the Board decided on Tuesday to allow BOK Properties LLC, to use their land as a campground, with a list of 12 conditional use requirements.

One of those requirements makes sure that no more than four living units could be on the property at once, while another one ensures that the property can not be rented out to a third party.

The permit applies only while all lots listed in the conditional use application are under common ownership of BOK Properties, LLC.






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