DSHW-2018-003888 - 0901a0688080ae48

DSHW-2018-003888 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov Printed on 100% recycled paper
State of Utah
GARY R. HERBERT Governor SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality
Alan Matheson Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Scott T. Anderson Director
May 9, 2018
Arthur Higley
Higley Farms 487 East 2400 South Salt Lake City, Utah 84115
RE: Approval to Re-start Land Application
Dear Mr. Higley: The Division of Waste Management and Radiation Control has completed its review of your request
submitted by Carne I Corp. in your behalf on April 19, 2018 to restart land application of whey material
on field #8 at Higley Farms. Higley Farms has an approved Plan of Operation to apply food byproducts to agricultural fields as part of a beneficial use program. As you know, in December 2017 and January 2018, the Division and the Tooele County Health
Department received complaints regarding nuisance birds being attracted to Higley Farm fields.
The Division documented serious nuisance conditions and determined that the nuisance issues were due, at least in part, to land application of food byproducts, particularly noodle byproducts, coordinated by Carne I Corp. In addition, the Division determined that the food byproducts were not incorporated into the soils as required by the approved Plan of Operation. In response to these issues and to alleviate the
nuisance issues, Higley Farms and Carne I Corp. temporarily stopped application of food byproducts to
Higley Farm fields. The Division has subsequently inspected Higley Farms and has determined that the nuisance issues have been resolved. Therefore, your request to restart land application of whey byproducts is hereby approved under the following conditions:
1. Only whey byproducts will be applied to field #8 for the duration of 2018. The materials shall only be applied as weather and soil conditions allow and during periods when the material can be properly incorporated;

2. The whey byproducts shall only be applied utilizing the gun and reel system to distribute the
whey material; 3. The whey materials shall be incorporated through regular and frequent aeration and/or flood irrigation; and

4. Carne personnel shall conduct weekly site visits to ensure that the whey material is incorporated as required. Weekly status reports shall be submitted to the Division outlining the amount of material applied and the status of operations.
5. Higley Farms shall take all necessary actions to ensure that land application of food byproducts
does not contribute to or cause nuisance conditions. If nuisance conditions or other issues continue to arise due to land application of food byproducts, the Plan of Operation may be revoked.
If you have any questions, please call Patrick Sheehan at [phone].
Sincerely,

Scott T. Anderson, Director Division of Waste Management and Radiation Control STA/PJS/kl

c: Jeff Coombs, EHS, Health Officer, Tooele County Health Department Bryan Slade, Environmental Health Director, Tooele County Health Department Brett Dayley, Assistant Controller, Carne I Corp. Kevin Schroeder, Chief Marketing Officer, Carne I Corp.
Monte Quast, General Manager, Gibby Group
Reed Gibby, President/Owner, Gibby Group