City conducts final feedlot meeting as deadline for comments looms
A second community meeting regarding the proposed feedlot expansion southwest of Peabody was held Monday night in the Anne Potter room of Peabody Township Library. Facilitated by Peabody Mayor Tom Schmidt and the city council, the meeting attracted 25 people, about half of whom attended the previous public meeting.
Clarence Busenitz, owner of Doyle Creek Farms, has applied to Kansas Department of Health and Environment for a permit to expand his confined animal feeding operation from 500 to 999 head of cattle.
KDHE informed a citizens' group representative that an application from Busenitz's son, Jeff, was received at its office Feb. 21. Depending on cattle weight, the two feed lots (in adjoining sections) could house up to 4,000 head of cattle.
Busenitz was present at the meeting Monday and spoke about his cattle operation and his history with KDHE.
"It seems non-compliance is the main issue here," said Busenitz, "and we do apologize for our negligence for not doing what KDHE wanted us to do 10 years ago."
He went on to describe a lagoon he had constructed in 1995 that he felt would address the problem of waste and run-off. "But I guess it wasn't up to KDHE requirements," he said.
Busenitz added "We don't deny the smell on the lots. That's part of the operation. But one thing you can be thankful for is that it is not a hog farm because they smell worse than cattle.
"This is our livelihood. Our farm has been a working farm for 50 years. We believe a healthy agriculture helps small towns."
Busenitz detailed the amount of business he and his family do locally.
"Once the new (lagoon) system is in place, KDHE will regulate water quality, nitrogen in soil, and the phosphorus level, as well as the animal units," he said.
Busenitz did not address the 2005 administrative action and accompanying $5,000 fine against him based on years of documented non-compliance with KDHE regulations.
Morgan Marler, Hillsboro water quality technician, represented the group of concerned Peabody citizens. Marler also is a Peabody property owner.
Marler said, "I'm here to help citizens be effective voicing their opinions to KDHE."
She explained that Busenitz's application process is nearing the end of a 30-day period during which KDHE will accept comments and then decide if a public hearing is warranted.
"You will need about 50 letters to get a hearing," she said and indicated sample letters by members of the citizens' group were available.
Marler said if KDHE authorizes a public hearing, it will at that time listen to citizen comments about odor and dust problems, economic impact, and reduced property values.
"At that time, you also can address KDHE about 'marrying' the feedlot permit to compliance issues or odor and dust issues," she said.
"Of course, Mr. Busenitz has not been compliant, he only has been partially compliant for a long time, which is kind of scary," she added. "If the city chose to be only partially compliant with its drinking water or sewer plant, it would cause problems for everyone in Peabody.
"KDHE is there to regulate compliance on these issues and it's not right that someone can slip through the cracks and defy their authority for 10 years," she added.
Marler said the citizens' group is not interested in keeping the Busenitz family from making a living, but wants growth of their feedlots monitored and wants to protect the Peabody economy and property values as well.
Rick Brunetti, KDHE Environmental Administrator, told the Peabody Gazette-Bulletin the city and the Busenitz family will be advised in "10 days to two weeks whether or not KDHE will grant the public hearing."
If the feedlot for Jeff Busenitz is approved, the process will begin again with notification from KDHE requesting public comment from interested parties.
Comments regarding the expansion of Clarence Busenitz's feedlot must be postmarked by Saturday. Sample letters are available at the city building. The address for letters is: Kansas Department of Health and Environment, Bureau of Water, Livestock Management Section, Curtis State Office Building, Suite 420, 1000 S.W. Jackson, Topeka, KS 66612.
