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Natural Resources

​​​​​​​​​​​​​​​​​​​​​​​​​​​Proposed facilities

​​​Operator: Eric Simon

Number of animals: 580,000 birds per flock; 6 flocks per year

Land zoned: Exclusive Farm Use (EFU)

Proposed operation defined as: agricultural use
  • As per the CAFO application, owner/operator Eric Simon plans on operating a poultry feeding operation on the Linn County site housing up to 580,000 broiler chickens per flock. 
  • The operation will produce approximately 4,500 tons of manure/litter per year. 
  • The application indicates that any wastewater will be added to the manure/litter to promote composting and after composting inside closed buildings, manure/litter produced on the facility will be sold to other farming operations and fertilizer manufacturers as organic soil amendments.  
  • No land application of poultry manure compost is allowed for this site.  
  • As per CAFO application requirements, J-S Ranch also submitted a Land Use Compatibility Statement (LUCS) signed by a Linn County planning official. 
  • Commercial slaughter of chickens is not proposed.
  • No animal cleaning or slaughtering activities are proposed.
  • ​A public hearing was held Oct. 20, 2021.  
  • ODA issued the Permit​ and companion Order on May 26, 2022. 


ODA has completed its work on making a decision to issue the Permit. The Permit will be issued using a two-step permitting process. This process requires step one, submission and approval of final engineering and site plan prior to construction, completion of construction, and step two, inspection of all facilities to ensure they are constructed as approved and function as designed prior to written approval to populate and operate the facility. ODA is issuing J-S Ranch a conditional registration to the WPCF General Permit. Conditions before construction can occur are: ​ 
  1. J-S Ranch must obtain 1200c construction storm water permit from DEQ
  2. A Linn County road access permit 
  3. Provide ODA a signed copy of a water supply plan, signed by the applicant and Water Resources Department
Additionally, ODA is issuing a companion Order that adds additional monitoring conditions to the registration based on comments the agency received. 
  1. All poultry barn floors must meet a soil compaction standard to ensure that chicken litter deposited in the barns is separated from groundwater. ODA requires in-place compaction tests to a specific permeability standard before occupation approval is granted. Re-certification at Permit renewal, every 10 years.
  2. Permittee must conduct drinking water well surveillance monitoring for nitrate-nitrogen. Need to sample each drinking water well on the property. Semi-annual frequency.
  3. Must install static ground water monitoring level wells. At least two, one upgradient and one down gradient of groundwater flow direction. The monitoring measures the distance from building floor level to GW level. Monthly monitoring frequency. Compliance requires 2-foot separation from high ground water level and compacted floor of chicken buildings.
  4. Permittee is prohibited from discharging litter, compost or process wastewater to any surface waters in violation of S2.A1 of the General Permit.​

​​​​​​Operator: Jason Peters

Number of animals: 750,000 birds per flock; 6 flocks per year

Land zoned: Exclusive Farm Use (EFU)

Proposed operation defined as: agricultural use
  • As of May 2022, the CAFO application submitted by Jason Peters, owner of Evergreen Ranch at 38795 SW Second Ave. in Scio, is not complete. 
  • Peters has yet to provide an Animal Waste Management Plan (AWMP). 
  • The application states Peters is proposing to run a poultry operation housing up to 750,000 broiler chickens per flock.  
  • The operation will produce approximately 5,000 tons of manure/litter per year. 
  • ODA is waiting for the NMP/AWMP that contains the specifics of the operation.
  • As per CAFO instructions, Evergreen Ranch submitted an approved Land Use Compatibility Statement (LUCS) signed by a Linn County planning official. 
  • Commercial slaughter of chickens is not proposed.
  • No animal cleaning or slaughtering activities are proposed
  • Before ODA can issue a CAFO permit registration, the public process needs to take place, including public comment and public hearing. 

Frequently asked questions

​​​The State of Oregon defines CAFOs as the concentrated feeding or holding of animals or poultry, including but not limited to horse, cattle, sheep, or swine feeding areas, dairy confinement areas, and poultry and egg production facilities where the surface has been prepared with concrete, rock or fibrous material to support animals in wet weather. A CAFO is further defined to have wastewater treatment works or that discharge any waste into waters of the State. To read the rule in full, please refer to the Oregon Secretary of State rules OAR 603-074-0010(3)​. ​

It is an enforceable document that details the requirements that CAFOs must follow to protect surface and groundwaters of Oregon for all beneficial uses. ODA issues a CAFO Permit to livestock owners so manure does not pollute ground and surface water. There are three main factors to determine if your farm needs a CAFO Permit:​​​

  • How many animals (Small, Medium, Large Tier 1 or 2)
  • How long the animals are confined for in a prepared area (e.g., in a barn, lot, pen)
  • How the manure and wastewater generated by the farm is stored (e.g., do you collect manure in a tank or is it stacked in a pile).

​​A livestock operator in Oregon can start the CAFO application process by providing these four items: 

  • An application that provides general information about the proposed operation;
  • A Land Use Compatibility Statement (LUCS), which is completed by the local land use authority;
  • A Nutrient Management Plan (NMP), which describes how manure and process wastewater will be collected, treated, stored, transferred, and utilized; and 
  • Application fees.  

Additional permits may be required by other state or local regulatory entities prior to construction and population of a CAFO facility.

The permits purpose is to protect surface and ground water, which includes limiting the amount of manure, wastewater and nutrients from all sources that can be applied to fields as fertilizer. A new CAFO permit is typically implemented in two phases to inspect the construction of a facility and permit compliance prior to bringing livestock or poultry on site.

  • The permit limits the amount of manure, wastewater and nutrients from all sources that can be applied to fields as fertilizer.​
  • ​The​ permit prohibits discharge to surface or ground waters.
  • The permit requires monitoring of any unauthorized discharge.
  • ​The permit regulates the operation for water quality issues only. 

There are two types of CAFO permits, the National Pollutant Discharge Elimination System (NPDES) Permit, which is effective for five years after the date of permit issuance, and the Water Pollution Control Facility (WPCF) P​ermit​​, which is effective for 10 years after the date of permit issuance.​

​​​​​​​An NPDES permit is a permit for concentrated animal feeding operations so that they are in compliance with the federal clean water act. This permit regulates CAFOs for discharges to surface and groundwaters. NPDES permits are authorized by the Environmental Protection Agency. 
The WPCF ​permit​ provides coverage for confined animal feeding operations and regulates their operations for discharges to groundwater and prohibits discharges to surface water. The WPCF is a state permit. 

The agencies review the CAFO Permit application and the specific operating characteristics contained in the nutrient management plan (NMP). The application and NMP describe how potential pollutants would be produced, collected, transferred, treated, stored and utilized. The agencies determine what risk of discharge is posed by the operation to surface and ground waters and choose a permit type that provides protection from discharge to the state waters. Both types of CAFO permit contain a numeric effluent limit of 0 for nitrogen, phosphorous and bacteria in any discharge.​

​​​​​​​​There are 12 permitted poultry operations that produce eggs and 24 permitted poultry operations that produce meat birds.​

​​​​​​ODA and DEQ work together on developing water-quality permits. ODA and DEQ have a Memorandum of Understanding​ that defines each agency’s roles and responsibilities​.​​

ODA: 
  • Approves General Permit coverage, and reviews and approves plans and specifications
  • Determines compliance
  • Maintains permitting and compliance database
DEQ:
  • Assists in review of plans
  • Provides technical/subject matter expertise
  • Provides water quality training and guidance as needed​
  • May require additional DEQ permits​

​​​​There is a coordinated application review by multiple agencies [ODA, DEQ, Oregon Water Resources Department (OWRD), Oregon Health Authority (OHA), Oregon Department of Fish and Wildlife (ODFW), Department of State Lands (DSL), and local land use authorities].    

  • ​ODA releases the draft application and draft permit to the public.
    • ​Public participation process begins
    • Notice to the public issued
    • Public hearing held within 30 days of notice. 35-day public comment period begins. Comment period remains open for at least 5 days after the hearing
    • Public comment ends 
  • ODA reviews all public comments and makes modifications to the General Permit as appropriate​. 

​​​​​​​ODA can: 

  • Issue the Permit registration as proposed.
  • Require applicant to modify the proposal or Nutrient Management Plan.
  • Deny the Permit registration.​

​​​​The CAFO permitting process includes a public comment period. The public can provide comments to the agencies by regular mail, email, and oral testimony at a public hearing. For information, sign up for ​CAFO public notices notifications​. ODA and DEQ will review and consider all public comments received during the public comment period regardless of the method used to provide the comments.​​

​​​​​​​​​ODA strives to be transparent with the public in all its work. New applications and substantial changes within the CAFO Program require public notice and participation opportunities. The public can receive updates straight to their email boxes by signing up to ODA’s email/text updates. If you would like to sign up to receive updates about the proposed CAFO facility, please visit ODA’s Email/Text Updates page​ to create an account and indicate which types of updates you would like to receive including news releases, animal health news, plant health news and much more. ​

​​​​In considering a CAFO permit, protection of surface and ground water quality are critical elements of the CAFO program, and an important and necessary component of approval.

ODA and DEQ issue permits that meet all requirements in Oregon's water pollution control laws and rules, and federal water pollution requirements. These requirements include a nutrient management plan, information about the facility's animal numbers, and detailed construction plans and specifications. The state reviews this information to ensure that the facility's design and operation will be protective of surface water and groundwater.  

In addition to water pollution control laws, the proposed facility must independently comply with state and local land use requirements. Applicants are required to obtain a land use compatibility statement from the local jurisdiction stating that the proposed facility is consistent with the zoning of the proposed facility location.  ​

​​​​​​​Yes, for complaints about potential violations of the CAFO Permit conditions, see ODA's CAFO complaint form​

​​Permitted CAFO facilities on a General Permit are scheduled to be inspected every 10 months. CAFO inspections may happen more frequently as necessary or if ODA determines follow-up inspections are necessary to ensure compliance. ​

​​ODA’s authority to regulate CAFOs is limited to issuing and determining compliance with water quality permits (ORS 468B.050). ODA partners with several local and state agencies to inform them when ODA receives a new CAFO application so that they can inform the applicant of potential additional requirements. These requirements and processes are outside of ODA authority and have their own unique process not controlled by ODA.


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More info from ODA

General CAFO information​​

Contact​

Wym Matthews
Program Manager
Confined Animal Feeding Operations (CAFO)
635 Capitol St NE
Salem, OR 97301
Phone: 503-986-4792
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