Cattleman unhappy with KDHE
Delays costing rancher revenue
Staff reporter
Marion County resident Mike Beneke has done everything he can to comply with Kansas Department of Health and Environment regulations regarding his cattle feedlot.
The problem right now is KDHE isn't complying with their own deadlines.
"I sent my plan to them four months ago," Beneke said. "They still haven't looked at it. My deadline was Nov. 1 to be in compliance or making an effort to become compliant."
For Beneke it's more than following the deadline. It's lost revenue.
Beneke, owner of Double B Cattle Company, was fined $31,000 in 2006 for having a confined cattle operation without a permit.
According to state statute, "any person discharging wastewater or having the potential to discharge wastewater to water of the state is required to obtain a KDHE-issued permit." The permit is required for operations of 1,000 or more head of cattle.
The 2006 report stated that Beneke's cattle operation was approximately 250 feet from an unnamed tributary to Middle Creek. A pen had been built between the original pen and the tributary, within 10 feet of the stream bed.
On March 24, 2006, samples were collected from the tributary, just south of the west pen area. The results were concerning with 1,560,000 CFU/100ml of fecal coliform. A typical, acceptable Kansas in-stream concentration is 4,800 CJU/100ml.
Currently Beneke said he has a permit for 3,000 head of cattle at his home feedlot on 280th Road, southeast of Lincolnville.
Before he was cited by KDHE more than a year ago, he was running a 5,000-head operation. Having to scale back to 3,000 head during the time it takes to become compliant has meant lost revenue and fewer employees to get the work done.
"I had to let one of my full-time employees go," Beneke said. So he and his one, remaining full-time employee are left doing all of the work which means two to three hours of extra work every day.
Another concern is Beneke had planned to properly expand his feedlot this fall. He had a backhoe operator lined up to do the dirt work and materials purchased for the expansion. He also had planned to have the feedlot empty during this time to make the expansion process easier.
"At this rate, I'll have to wait until spring to do the work," Beneke said, which isn't as conducive as fall because of rain.
Terry Medley, of the bureau of water, livestock waste management section of Kansas Department of Health and Environment, said the plans are being reviewed and there will be some issues that will need to be addressed.
Medley said the plan will be sent to NRCS (Natural Resources Conservation Services) at Emporia and NRCS office will meet with Beneke to work on the issues. The final plan then will be sent back to the state for another review.
Construction of an expanded wastewater system was to begin June 1 with substantial completion by Nov. 1, Medley said. Since the plan has not yet been finalized, a new completion date will be determined by the state.
Medley said Beneke was restricted to 2,000 head of cattle and with improvements, can have up to 5,000.
"This is a typical time frame," Medley said, where applications can take several months to be reviewed. The entire process usually takes several years to be implemented.
Costs for an irrigation system and other required improvements could cost Beneke as much as $250,000.
When the project is completed, Beneke may qualify for $20,000 in grant assistance from USDA to help offset expenses.
