Planning Commission denies feedlot near Surrey
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A proposed animal feeding operation near Surrey failed to gain the support of the Ward County Planning Commission Thursday, Aug. 20. The commission rejected the plan 8-0 after determining it lacked the proper setbacks from a watercourse and from a residentially zoned area.
Ansuz, LLC, has applied for a conditional use permit for an animal feeding operation with about 2,000 beef cattle on 88 acres of land in Surrey Township. The application was signed by Matthew Tharaldson of Cass County, although it was noted he would be hiring the management and not personally operating the facility.
An operation of 2,000 animals requires a half mile setback.
Sean Weeks, an engineer with Ackerman-Estvold who represented Ansuz, LLC, spoke of the watercourse to the south as "somewhat nebulous" as a tributary based on references by the Ward County Water Resources Board and its engineering firm.
Ward County Engineer Dana Larsen presented additional mapping information regarding the watercourse to indicate it can be legitimately identified as a tributary to a nearby creek.
Weeks also said the City of Surrey lists plans for a residential agriculture zone in a guiding document but not in its formal comprehensive plan. The land immediately west of the proposed feeding operation is adjacent to Surrey's extraterritorial area.
Surrey City Auditor Anita Trana verified the city has zoned the land in that extraterritorial as residential agriculture. She said it currently is taxed as agricultural because it has not been built upon, but the intention is for housing growth in that area. The city would oppose a livestock operation that interferes with that development, she said.
"I couldn't see that being something that would be beneficial to the city of Surrey," Trana said. "I'm also very alarmed as the city auditor there for seven years that there's not been even a phone call to our office to say, 'Hey, we're neighbors. How would this affect you?'"
Thursday's public hearing brought a number of opponents to the project, including neighbors who voiced concern about potential smell, noise and previous fires on the property used for livestock.
Surrey Township has registered its opposition to the proposed project.
"As a board, we want you guys to really take a good look at this," Township Chairman Mark Vollmer told the commission. "The homeowners in our area have big concerns, and they need to be taken care of."
"I received over a dozen responses in opposition to this operation," said Beth Pietsch, Ward County Planning and Zoning administrator. She related concerns about impediment to Surrey's growth, runoff from a proposed retention pond that could pollute land and water sources, and diminished land values for future sales.
She also noted a recent drone flyover found more than 3,000 animal units on the site. The animals were to be removed by July 31, although Weeks said an extension until the end of September was granted to allow extra time to ensure appropriate alternative locations could be obtained.
The county planning commission previously denied a permit for Ansuz, LLC, for a feeding operation in Surrey Township. The applicant argued the denial came without a required public hearing but later withdrew the application. The commission acted Thursday on a new application submitted in July.
The county had removed hundreds of dead cattle from the property earlier in the year, at which time it was determined no permit for the operation existed. Asked about handling of carcasses, Weeks said they would be handled according to the North Dakota Department of Environmental Quality's requirements. However, Pietsch noted nothing in the plans specifies any practices for handling carcasses.
Nathan Smith was charged with numerous infractions for improper animal disposal as owner of the feedlot where the carcasses were removed. That case remains active in North Central District Court. He pleaded guilty to felony witness tampering and has requested reduction to a misdemeanor. Court records show sentencing is set for Sept. 28. A similar charge against his wife was dismissed.
Smith also has sued Ward County in North Central District Court, alleging the actions taken against him were improper. That case also remains active.