Lawrence County Commission tables feedlot permit decision

Krautschuns will work with county on layout of feedlot.

By Tim Velder, LCJ staff | Friday, January 09, 2009

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DEADWOOD -- The Lawrence County Commission will wait until Feb. 10 to decide up or down on a conditional use permit for a cattle feedlot expansion north of Spearfish.

Commissioners held a public hearing Tuesday, Dec. 30, in Deadwood for an audience of about 50 people to debate the merits of whether or not to allow more than 1,000 cattle to be penned up on the Two Tone Cattle Company lots north of Interstate 90 Exit 8.

Owners Harvey and Bart Krautschun said cattle would be fed on 48 acres, with wastewater being held in a pond on the property. They have been feeding less than 1,000 head of cows in a small operation since 2005.

They would like to keep up to 4,000 head of cows from October through April. About two feedlot trucks a day would travel county roads and groundwater protection measures exceed state standards, Two Tone attorney Ken Barker said.

South Dakota Department of Environment and Natural Resources has withheld a surface water discharge permit pending a county CUP decision.

Some neighbors spoke in favor and other neighbors talked against the expansion during Tuesday's two-hour hearing at Deadwood City Hall.

Proponents included Harvey Keene, Diane Miller, Clint Ridley and Rob Eddy. Keene said the value-added ag operation creates a diverse economy for Lawrence County.

Opponents that spoke on Tuesday included Alan and Marla Loken, Lucille Cudmore, Layton Lensegrav, Jim Jennings and Dan Vapland.

The Lokens, who live about 50 feet from the cattle pens, have received a reduction in property taxes from the county for decreased valuation on their property because of the feedlot.

Alan Loken said that swarming flies and water concerns on their property are ongoing, especially if the cattle numbers triple in the expansion. Marla Loken said that while relations with the Krautschuns are amicable, they are skeptical about the expansion project.

“We know they have the best intentions to take away those effects (flies and odor),” Marla Loken said. “We don’t know if that is possible.”

Others who said they were neither for nor against the project included Eric Jennings, Belle Fourche City Engineer Terry Wolterstorff and U.S. Geologic Survey water researcher Dan Driscoll.

Wolterstorff said the city of Belle Fourche has not taken a stance on the project, but has instead requested a DENR study that proves the water quality would not be impacted. “Our water supply comes from a very delicate area,” he said.

Driscoll has published government studies on the underground plumbing of the water tables in Lawrence County. He showed maps that depict the feedlot area is on top of sands and gravels along Spearfish Creek. “This is the most sensitive area relative to the distance to groundwater,” Driscoll said.

County Commissioner Bob Ewing expanded Driscoll’s analysis.

“I keep hoping for scientific information where you reassure me this isn’t going to hurt the water table,” Ewing told the Krautschuns.

Bart Krautschun explained, “We are 1-1/2 miles downstream from the (Belle Fourche water) intake. The Spearfish City Rubble Dump is across the creek from the water intake.”

Commissioner Jim Seward, whose term ended Dec. 31, said the county has a higher level of responsibility than the state regulators.

“The state is remiss in not addressing the day-to-day (cattle) urination,” Seward said. He said the catch ponds are designed for control of runoff from heavy rains, not regular accumulation of animal waste.

Commissioners voted 4-1 to delay a decision until Feb. 10. They have 45 days from Dec. 30 to make a decision. The Krautschuns will exchange information with Lawrence County Planning Director Amber Vogt during the next six weeks, with the goal of providing commissioners with additional information about proposed permit conditions and engineers' drawings of the proposed layout of the project.

Commissioner Jim Seward, whose term ended Dec. 31, voted against tabling. His successor Daryl Johnson will take office today, Jan. 6.

Bart Krautschun said his company is still working to get a permit. “We’re dong what we can to make this the best operations we can,” he said. “It’s land we own and we’re willing to work towards a goal with the county, but we have to work hand-in-hand.”

The Krautschuns and Vogt will go over terms and conditions of a proposed CUP in the coming weeks to develop a new presentation for Feb. 10.