A proposed feedlot in central Alberta will need to look to the courts if it wants to continue its battle to build near Pigeon Lake after an appeal of a regulatory decision was flatly denied by the Natural Resources Conservation Board.
G&S Cattle filed an appeal of the NRCB decision in September, which argued its application complied with municipal land-use regulations and nearly all the technical requirements set out in provincial legislation for confined feeding operations (CFO).
“However, the decision denied the application on the basis that the CFO would have an overall negative effect on the community and is not an appropriate use of the land,” read the G&S appeal.
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G&S argued in its appeal that the decision would negatively affect its business operations and ability to manage its landholdings.
The appeal questioned NRCB’s decision to reject the feedlot based on concerns raised by the Pigeon Lake Watershed Association along with a plan developed by the organization and municipalities to protect the waterbody.
G&S questioned the authority of the plan as well as what it called an “unfair focus” on the concerns of unaffected people as defined by provincial legislation.
According to the appeal, this occurred “despite the CFO’s compliance with legislative standards designed to prevent adverse effects on watersheds, and despite the decision’s acknowledgement that there is insufficient information to establish tangible adverse effects.”
In the NRCB’s Oct. 6 ruling denying the appeal, the board stated, “the issues raised are of little merit.”
G&S Cattle owner Greg Thalen declined to comment.
PLWA spearheaded opposition to the feedlot based on the threat to the health of Pigeon Lake by possible contamination by runoff. It also said the proposed CFO was inconsistent with actions taken by those living in the region, including many with recreational properties, to improve water quality.
However, the NRCB’s initial ruling denying the proposed CFO found it met the required setbacks for homes and waterbodies and it had adequate controls for surface runoff of manure and met the nutrient management requirements.
Carson Hvenegaard, program manager at the PLWA, highlighted the hundreds of area residents as well as First Nations in opposition to the feedlot, including 35 rebuttals to the G&S appeal from those who are considered directly affected parties.
“There is definitely great community pushback against this,” said Hvenegaard. “This is as far as the NRCB process goes.”
G&S can now appeal to the courts to review the board’s decision.
G&S questioned the Pigeon Lake Watershed Management Plan’s representation of the economic interests of the community, which it said focused on recreational users over agricultural stakeholders in its appeal.
Hvenegaard said the NRCB was within its mandate to consider that plan.
“That really does represent the community interest that was signed on by all the municipalities and developed with lots of consultation with people around the lake,” he said.
The NRCB decision to deny the appeal was made by a panel of four members who reviewed the matter over five days.
