BOARD OF COMMISSIONERS BLACKSHIRT FEEDER CUP PUBLIC HEARING MINUTES JUNE 23, 2025

BOARD OF COMMISSIONERS BLACKSHIRT FEEDER CUP PUBLIC HEARING MINUTES JUNE 23, 2025

Start time –1:30 p.m. MT Location: Courtroom, Dundy County Courthouse Benkelman, Nebraska

Chairman Aaron Keiser calls the Public Hearing to order at 1:30 pm MT. Aaron acknowledges Open Meetings Act on West wall. Required ten-day notice in Scoop Media (Benkelman Post) was given. Roll call Present: Tom Richard, Sye Tecker and Aaron Keiser present. Absent: None. Blackshirt Feeder representatives, numerous other members of the public, as well as Pam Reichert Zoning Administrator and Arlan Wine County Attorney are present. Motion by Sye to approve agenda and 2nd by Tom. Roll call vote: Tom yes, Sye yes, Aaron yes. Motion carried. Approval of last meeting minutes was waived at this time. Old business: None. New business: Consideration of a Conditional Use Permit for Blackshirt Feeders for an additional 50,000 head to their 150,000 already permitted feedlot. Aaron verifies with Pam that all necessary notifications were given. Public notification was in Scoop Media newspaper on June 12, 2025 and landowner notifications were mailed 06/11/2025 via USPS. Aaron addresses all present with the hearing format and requests all to be respectful. Aaron then opens the floor to Blackshirt Feeder for presentation of proposed CUP. Dean Settje from Settje Agri Services & Engineering, INC (SASE) provides a slide show presentation. The presentation included project partner’s names, including Dr Eric Behlke who is present today. Dean reports Blackshirt Feeder Feedlot is a world class facility and is currently permitted for 150,000 head and proposed CUP is for an additional 50,000 head expansion. This feedlot is comprised of entirely all RCC (rolled concrete) pens, and existing permitted feedlot includes a methane digestor that will significantly decrease odor. The presentation included the facility map, existing footprint as well as the new expansion which will be located to the NW corner of existing feedlot. Dean stated that Blackshirt has delivered what was promised, this includes environment responsibility with 100% County, State and Federal Compliance, 100% RCC pens and DDPE lined lagoons. Dean reports they delivered on promises for new access road at no expense to Dundy County, new access rail road crossing and turn lanes in place in Highway 34. Blackshirt Feeders also has NDEE approval and all permits are in place and facility is compliant with all requirements. Dean reports that the feedlot is on schedule with build out of pens & fences. Dean reports with RCC pens, dust will be essentially eliminated. Dean shared pictures of new railroad crossing. Dean reported the NDEE permit included engineering plans, nutritional plans as well as operations and maintenance plans. Surface water protection is in place which exceeds requirements under Title 30 Livestock Regulations. Requirement is for 25 year storm event protection, and Blackshirt Feedlot exceeds requirement with 100 year event protection. The ground water protection is in place with facility sloping to lagoons including all pens & wet feed storage areas. RCC has zero ground penetration, which is unprecedented, which is not a requirement. All lagoons will be lined with 60 ml HDPE liner, ground water monitoring is NDEE required and is in SASE implemented plan which includes monitoring wells-one up gradient and two down gradient. This is required by NDEE and tested bi-annually. Dean discussed economic impact to area at $74 million for 2023-2024 and is projected to increase $42 million for each of the next three years as build out progresses. Once the $100 million methane digester is implemented, the total with be $300 million. In addition, the facility will be using local workers and materials with a total impact of around $488 million. Dean reported with final build out there will be 147 full time employees with average annual salary of $65,000. The tax benefit to Dundy County will be very substantial and the local school district will receive around $600,000 tax revenue per year. Dean then goes over compliance requirements for this confined animal feeding use facility. This included this is an aerobic facility, fly mitigation plan in place, no dirt pens, no water runoff, ground water monitoring is in place and that original North feedlot permit was surrendered when this facility construction started, dead animals are being handled in proper manner and that Blackshirt agreed to pay NIRMA County deductible if litigation occurs involving this feedlot.  Dean reports this is a Class IV Feedlot (greater than 8,000) and that separation distances of 2.5 miles north and south, and 1.5 miles east and west are met as there are no residents in setback areas. All requirements met as Blackshirts has met/exceeded all NDEE air, groundwater, pollution; facility is not in 100 yr floodplain; separation requirement met for wells; dead animal handling; solid manure containment; County Personnel can inspect facility; waste water managed per NDEE requirements; infrastructure/roads paid for by Blackshirt Feeders; and Dundy County Regulations state if all requirements are in compliance, the CUP shall be approved. Dean then finished presentation with review of the waste handling permitting requirements (which were the same as feedlot requirements). Dean reported that all County, State and Federal requirements will be met, will not affect infrastructure road & bridges, and there are no setback problems. Dean does request that this permit be allowed to be valid for 5 years, due to the time needed for complete build-out of project. Dean again states that as per Dundy County Zoning Regulations, if all requirements are met, the permit shall be approved. After the presentation was completed, Aaron accepts questions from the board. Aaron asked, 50,000 head, why now? Dean reports that this project is $45 million and requires extensive planning, with financing, as well as procurement of cattle and grain. Aaron also asked for additional information on Methane Digestor. Dean explains this will accelerate manure decomposition, will produce methane gas which is a valued commodity, and have additional benefit of decreasing odor after processing manure in digester. Aaron asked for examples of contributions made to community. Eric Behlke reports contributions have been made to local FFA chapter as well as to the new daycare center. Aaron explained that a moratorium was put in place in January for Conditional Use Permits, and due to a apparent procedural error, it was withdrawn. Aaron asks if Blackshirts would be willing to postpone the CUP for the additional 50,000 head. Blackshirts declined to postpone. Aaron discusses increased problems with conditions of the “haul” roads. Aaron would like to have a road agreement between the County and Blackshirt Feeders, should CUP be approved. Dean agrees this could be one of the conditions listed. Aaron expressed concern over the ground water usage. Aaron discusses County regulations in Article 1, General provisions need considered in regard to the neighbor’s water supply concerns. Dean states that water net usage did not increase, the acre inches are the same or less. 3 pivots were retired for the water use at the feedlot. The feedlot is also able to recycle water off of pens for irrigation. Aaron asks for a break prior to public testimony. Break started at 2:21 pm MT. Hearing reconvened at 2:26 pm MT. Public testimony begins and 37 people spoke in support of CUP approval. Reasons given were increased economic growth, increased tax revenue, potential for population growth by attracting new young people to community, Blackshirt Feeders is contributing to fundraisers and other organizations, Blackshirts wants to be part of our community, great work environment and benefits at feedlot, growth of livestock industry, adds value to local crops, decreased fertilizer costs, improves soil health, benefitting more than just Dundy County-Wray has 40 new homes being added as well as a new daycare and ball field with Blackshirts donating $50,000, contractors are hiring many locals and buying local supplies, very little odor, cleanest state of the art feedlot, helping to reopen business in Laird, promoting education by working with colleges and internships, top notch animal health, excellent environmental stewardship, neighbor loves Blackshirt-problems taken care of right away, happy cows and no mud, loves that local school will get $600,000/yr, county will get millions in taxes, not just a good place to feed cattle-it is a great place, will help attract people to area to fill other jobs, concerns over population decline. One person spoke that was neutral that she is here only to listen and learn. 3 people spoke in opposition. Reasons given were concerns over ground water depletion, decreasing water table & wells drying up, worried about run off and seepage & ground water contamination, wants water resource to be respected, wants it to be an American company and not Canadian, how to get people to live and travel to Benkelman when Wray is closer. Dean gives rebuttal. Seepage is only an issue due to a human action damaging holding pit. Pits are built oversized by 50% more of what is required. Invitation to tour the facility is given to all that are present. NRD-not the County, regulates water use. Blackshirt has NRD and another independent report they are willing to share. Benkelman and Dundy County need to put an effort out to draw people, Wray did and Benkelman/Dundy County needs to take the lead. Question whether pens were tore out was asked. Dean reports there has been 700 core samples so far with average PSI of 3500. If pen was sub par, pens were taken out and redone right. It was asked if Dundy County would complete a road study and Aaron acknowledged it would be needed. Aaron reports that the original CUP permit for 150,000 head at this site, was to expire in 2 years and will be talked about at next regular Commissioner’s Meeting. Aaron would like additional information before a decision on the CUP is given, in regards to the two water studies, the road agreement between Blackshirts and the County, and investigate what the net tax increase would be. Discussion with Dundy County Attorney and Blackshirt attorney about acceptable practice of closing or recessing the public hearing to a later date. Aaron calls for a motion. Sye makes motion to recess public hearing, 2nd by Tom. After further discussion, Sye moves to amend previous motion to recess public hearing and only hear new testimony pertaining to Tax revenue, ground water and road maintenance. 2nd by Tom. Roll call vote: Tom yes, Sye yes, Aaron yes. Motion passed. Next public hearing for Blackshirt CUP set for July 15, 2025 at 9:00 am MT. Motion to adjourn made by Sye, 2nd by Aaron. Roll call vote: Tom yes, Sye yes, Aaron yes. Motion carried. Meeting recessed at 3:59 pm MT.  These minutes are not the official record and may be corrected.   Respectfully submitted, Pam Reichert- Zoning Administrator PUBLISHED: JULY 17, 2025; SMN:ZNEZ