State prosecutors have filed charges against a feedlot operator for allegedly improperly disposing of hundreds of dead cattle near Surrey.

Nathan Smith, 46, Sawyer, has been charged in North Central District Court with 479 infractions of improper disposal of animal carcass.

North Dakota Century Code statutes require the carcass of an animal which has died of certain diseases to be burned, buried, composted, given to a licensed rendering plant within 36 hours or disposed of by a method approved by the state veterinarian. Carcasses which are buried must be buried not less than 4 feet below the surface of the ground and covered in dirt.

Smith responded to the charges, saying the deceased cattle were properly disposed of and that he intends to vigorously defend himself.

According to the affidavit of probable cause, the charges stem from an investigation by the Ward County Sheriff’s Department into a report made in February by a former employee of Smith. Keller discussed the mortality rate at the feedlot as well as the handling of mortalities, which he said were piled into a clay pit.

A flyover of the property was executed by the North Dakota Highway Patrol, which located the clay pit and hundreds of deceased cattle that were subsequently observed by sheriff department investigators on March 2. A search warrant was obtained and executed on the property, leading to the removal of 480 deceased cattle by the Ward County Highway Department. One of the dead cattle was found on the farmland of the feedlot and had yet to be transported.

Court documents described the location of the pile of deceased cattle as being beside a dugout or pit, with a few having rolled off the pile into the pit, but without any dirt covering. Investigators also noted an attempt had been made at some point to burn the pile, which only succeeded in burning hair off the carcasses. This was confirmed by the operations accountant, who said the attempt had been made one month prior but conditions didn’t allow it.

Investigators allege the runoff from the pile would flow into a nearby stream and the method of disposal was not approved by the North Dakota State Veterinarian.

Smith had been scheduled for an initial appearance on Monday, April 20, but the hearing has been waived, based on court records.

UPDATE:

The following statement was provided by Nathan Smith to The Minot Daily News:

“We take great pride in the work we do in agriculture and manage herd health above all. We strongly disagree with the actions of the Ward County Sheriff’s Department and feel confident we will be vindicated as the truth comes out.”