Tag Archives: DNR

AG Josh Hawley (r): CAFO manure trumps Powell Gardens

01 Saturday Sep 2018

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Attorney General Josh Hawley (r) (and 2018 republican candidate for the U.S. Senate) just literally shit on Powell Gardens (“Kansas City’s botanical garden”) by intervening against a Missouri Administrative Hearing Commission stay of the Missouri Department of Natural Resources and a confined animal feeding operation [CAFO] up wind of the gardens.

At Powell Gardens, Kingsville, Missouri. F 5, 1/500, ISO 500, 200 mm – June 2018.

Powell Gardens (located in Kingsville, Missouri in Johnson County, east of the Kansas City metro area) and many of their neighbors have been engaged in a legal battle against the permitting of a CAFO located on approximately 400 acres next to U.S. Highway 50 in western Johnson County. Powell Gardens, east of the CAFO location, is on 970 acres, also along U.S. Highway 50.

An e-mail from Powell Gardens to its patrons:

From: “Powell Gardens”
To: [….]
Sent: Friday, August 31, 2018 12:48:36 PM
Subject: CAFO Update: Unprecedented Legal Actions Unfold as MDNR Sues the AHC

August 31, 2018

Dear [….]

Thank you for your support as we continue to oppose the proposed expansion of the Valley Oaks confined animal feeding operation. The final permit hearing was Monday and Tuesday, August 27-28 in Jefferson City in front of the Administrative Hearing Commission.

Here are a few recent items of note regarding the stay on the expansion permit which was granted on July 26:

A nutrient feeding plan, submitted by Valley Oaks, shows that land application of manure would be over spraying surrounding acreage.

A manure storage plan would stack compacted manure up to 2.3 feet high, the same height as the containment walls of the open-air sheds that would house the cattle, burying the animals only source of drinking water and spilling outside onto the soil, potentially contaminating local water sources.

The DNR permit was issued to, Country Club Homes LLC, which is not a registered business in the state of Missouri.

Attorney General Josh Hawley and the Missouri Department of Natural Resources has filed an injunction against the Missouri Administrative Hearing Commission’s stay order against Valley Oaks Steak Co. LLC to clear the way for the largest beef CAFO (confined animal feeding operation) in the state to operate without a valid permit.

A final decision on the permit is scheduled for October 23, 2018. In the meantime, visit our website for updates.

Sincerely,

Tabitha Schmidt
Executive Director/President
[Powell Gardens]

It happens every time – money and shit trump community and cultural resources.

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? (April 3, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – photos (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Tabitha Schmidt, CEO President, Powell Gardens (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Karen Lux (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Al Weir (April 6, 2017)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Aimee Davenport on behalf of Powell Gardens (April 6, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Eric Tschanz (April 7, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Chuck Petentler (April 7, 2018)

And they have a CAFO (June 15, 2018)

Powell Gardens – CAFO permit stayed pending outcome of appeal (July 28, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Chuck Petentler

07 Saturday Apr 2018

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It’s all about the money.

A company is in the process of creating an “up to” 6,999 beef cattle confined animal feeding operation (CAFO) on 400 acres on U.S. 50 in western Johnson County, just west of Powell Gardens. The Missouri Department of Natural Resource held a permit hearing in Warrensburg on Tuesday evening.

Chuck Petentler, a Johnson County resident, spoke:

[Chuck Petentler][spelling] I’m a Jonson County resident, about thirty-five years. You know, sometimes at the end of the day you just got to do what’s right. You might look at the, uh, all the statistics and do they meet minimum specifications. And maybe the answer is, yes they do. So maybe you can do the right thing. But, or really good, what’s right. What’s important is to do the right thing. You know, I look these people here with the red shirts. If anything they said is remotely true. There’s a chance that, yes, they will suffer some severe illnesses or, or their lifestyle will be, will be, will be changed. If there’s a chance, let’s say, uh, one in ten. My opinion, that’s enough to say, wait. [applause] Think about it. [shouting] Don’t think about what’s right [inaudible], think about doing the right thing. [applause]

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? (April 3, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – photos (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Tabitha Schmidt, CEO President, Powell Gardens (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Karen Lux (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Al Weir (April 6, 2017)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Aimee Davenport on behalf of Powell Gardens (April 6, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Eric Tschanz (April 7, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Eric Tschanz

07 Saturday Apr 2018

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It’s all about the money.

A company is in the process of creating an “up to” 6,999 beef cattle confined animal feeding operation (CAFO) on 400 acres on U.S. 50 in western Johnson County, just west of Powell Gardens. The Missouri Department of Natural Resource held a permit hearing in Warrensburg on Tuesday evening.

Eric Tschanz, Director Emeritus, Powell Gardens spoke:

[Eric Tschanz][spelling] I’m the Director Emeritus of Powell Gardens. [turning to audience] I’m not a hired gun. I’m retired. Okay? Um, and I won’t repeat all the numbers of the volumes of urine and manure that will be produced. It is amazing. But I will state that for my own home sanitary system I had to meet more stringent requirements on my three acres. [applause] I do this within three miles of this factory zone. So I ask the DNR today to deny this permit and as the DNR take a step forward. Help save this planet for our children and our grandchildren. Thank you. [applause]

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? (April 3, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – photos (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Tabitha Schmidt, CEO President, Powell Gardens (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Karen Lux (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Al Weir (April 6, 2017)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Aimee Davenport on behalf of Powell Gardens (April 6, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Aimee Davenport on behalf of Powell Gardens

06 Friday Apr 2018

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It’s all about the money.

A company is in the process of creating an “up to” 6,999 beef cattle confined animal feeding operation (CAFO) on 400 acres on U.S. 50 in western Johnson County, just west of Powell Gardens. The Missouri Department of Natural Resource held a permit hearing in Warrensburg on Tuesday evening.

Aimee Davenport of Stinson, Leonard, Street spoke on behalf of Powell Gardens:

Good evening. I’m Aimee Davenport with the law firm of Stinson, Leonard, Street on behalf of Powell Gardens. [spelling] Thank you very much for this opportunity to comment. Uh, part of my, uh, career in clean water work involves reviewing permits, uh, for compliance, reviewing regulations, statutes, and writing permit terms, um, as necessary. Both on the, on the private side as well as, uh, previously in the public sector.

And never before have I seen a situation that warrants a permit denial more than this one. [applause] Valley Oak Steak Company is applying for a general permit that is meant and its purpose is to govern standard, a category of standard operations, a category of very similar operations. And it contains very standard environmental protection provisions. This is not a standard operation. Missouri’s own regulations only require a general permit, uh, to be issued for categories of operations that are substantially similar in nature, have substantially similar effluent discharges and that can substantially conditioned in the same manner to protect waters of the state. This permit doesn’t do that.

One of the ways, uh, to begin with, one of the ways this is such a different situation is, is the population density that we’re dealing with here. Within a few mile radius we have six thou, over six thousand people. Within a two mile radius we still over a thousand families. And of course, as you’re hearing from me and my, my colleagues at Powell Gardens you have a priceless community treasure within three miles that is, will be devastated with the issuance of this permit.

So this is not a standard situation. It needs to be viewed as that. It needs to be evaluated in environmental standpoint, um, as a very special situation due to the nature of the population density and the exotic community gardens that is within three miles of that facility.

Secondly, the combined nature of what they’re doing and the slaughterhouse Valley Oaks [inaudible] the existing slaughterhouse and the addition of almost 7,000 cattle, uh, the combined environmental impacts of those things need to be viewed together not separately. Which is what, uh, Valley Oaks, uh, is attempting to do with its separate permit process, processes. And that is not, um, that’s not consistent with the departments view on watershed planning and viewing environmental im, impacts in a totality of circum, circumstances. And we’re asking you to, to do that with Valley Oaks’ proposal.

Lastly, the permit application as submitted is, is severely deficient in many ways as my colleague after me will, will speak to in later detail.

For these reasons we ask you to please deny the general permit requested by Valley Oaks. Thank you. [applause]

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? (April 3, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – photos (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Tabitha Schmidt, CEO President, Powell Gardens (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Karen Lux (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Al Weir (April 6, 2017)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Al Weir

06 Friday Apr 2018

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It’s all about the money.

A company is in the process of creating an “up to” 6,999 beef cattle confined animal feeding operation (CAFO) on 400 acres on U.S. 50 in western Johnson County, just west of Powell Gardens. The Missouri Department of Natural Resource held a permit hearing in Warrensburg on Tuesday evening.

Al Weir, a resident of the area, spoke at the hearing:

My name is Al Weir [spelling]. My wife and I live in Rock Lake Village, small community [inaudible], spring fed lake. We bought our dream home, put everything we had into it, find out now that somebody wants to take that away, along with the twenty-five other people that live in our community. I’ve spent my life defending this country. We have rights. We as individuals and communities have rights. And it’s not right for somebody else to walk in because they want to make money and take away what we have earned and worked for our entire lives. Our water [applause] will be destroyed, the wildlife will be destroyed, our health will be destroyed because somebody wants to make money. [applause]

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? (April 3, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – photos (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Tabitha Schmidt, CEO President, Powell Gardens (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Karen Lux (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Karen Lux

05 Thursday Apr 2018

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It’s all about the money.

A company is in the process of creating an “up to” 6,999 beef cattle confined animal feeding operation (CAFO) on 400 acres on U.S. 50 in western Johnson County, just west of Powell Gardens. The Missouri Department of Natural Resource held a permit hearing in Warrensburg on Tuesday evening.

Karen Lux, a resident of the area, spoke at the hearing:

Obviously, I wish everyone here could see our powerpoints and our visuals. Um, if you got a handout please share it. I am Karen Lux, daughter of Jack and Caroline Wilkinson whose property in part is a centennial farm that has been established since the late 1800s and neighbors the Valley Oaks CAFO site. I’m a lifelong resident in this community and my parents have a total of nine grandchildren residing there, the seventh generation. I am submitting letters from four of that seventh generation this evening. Many generations have worked hard to preserve this land and pass it down, such as my father who is a multi generational cattle farmer and my mother, a very successful real estate agent. And I’ve followed in her footsteps.

On my slide you would have seen a photo from March 26th of this year. This photo shows a river basically running down the property from the CAFO buildings. No terraces, lack of ground cover or grass waterways allow the manure from the land application to pollute our waterways. There’s an increasing trend for flood in the Midwest. The watershed from this facility already flow to an impaired 303D waterway at the South Grand River. And due to CAFOs potential spill the EPA designated CAFOs as point sources of pollution.

The Valley Oaks nutrient management plan states they will spread manure on the ground where the facility is located. This land has no ground cover, the corn stubble has been removed, and corn is the only crop being grown on this property. These factors allow the [inaudible] to run off into the FEMA high risk Zone A flood plain. The taller weeds show terraces are not being maintained, which create ditches. And they do have a lot of field erosion. Crop lines are running vertically downhill from the CAFO buildings towards a FEMA high risk Zone A flood plain.

Another picture I had, take March 18th, showed manure was applied to the land where the facility is located the day before a forecasted large rainfall. The Valley Oaks nutrient management plan, Section D, Number 3, states, “No land application if precipitation likely to create runoff is forecasted within 24 hours.” And Section A states, “manure will be disked into the ground.” Neither regulation was followed.

Per Valley Oaks’ permit a hundred six thousand two hundred and twelve tons per year of manure will come from this facility. Or, two hundred and ninety tons per day that is being produced by one less than seven thousand head of cattle. Two hundred and ninety tons per day is the amount of waste created by the cities of Independence and Lee’s Summit, Missouri combined. Also equivalent to the mass of thirty-five elephants. Per Valley Oaks’ application the mass of ten of these elephants will be bagged and old daily. How is that possible?

On March 19th, after, the day after the manure application picture one point four seven inches of rain occurred. In the picture I had it would show you a tire in the, in the picture. Obviously, after we had a large rain that tire had disappeared. According to the current land permit it states that “water shall be free from used tires.” Both violations of their permit.

One point four seven inches of rain occurred on March 19th, the day after the manure application. The pictures would show major water flow coming from the land toward [U.S.] 50 Highway along with major water pooling near the FEMA high risk flood plain on the north side of the CAFO building. […] Excellent. I will finish up, sir.

As a real estate agent I can’t fathom the effects on our community. As the picture I showed, handed out, there’s approximately eight hundred eighty residences within a three mile radius. That’s horrible to see all those families affected.

My last statement would be, when big, big business can come into our established community and tell a multi generational farmer, “If you find you can’t deal with it you can come to our office and we’ll make you an offer.” Our county and our state government is not working for the people. [applause]

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? (April 3, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – photos (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Tabitha Schmidt, CEO President, Powell Gardens (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – Tabitha Schmidt, CEO President, Powell Gardens

05 Thursday Apr 2018

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It’s all about the money.

A company is in the process of creating an “up to” 6,999 beef cattle confined animal feeding operation (CAFO) on 400 acres on U.S. 50 in western Johnson County, just west of Powell Gardens. The Missouri Department of Natural Resource held a permit hearing in Warrensburg on Tuesday evening.

Tabitha Schmidt, CEO President of Powell Gardens, spoke at the hearing:

Thank you. My name’s Tabitha Schmidt [spelling]. I’m the CEO President of Powell Gardens. Nick elaborated on the history of the gardens. I would like to talk about where the gardens are today. This year is our thirtieth anniversary as an official botanical garden. We have grown to become a cultural community treasure in the Kansas City region. And as Dick said we are the answer to the Missouri Botanical Garden on the St. Louis side. We are, Powell Gardens, is Kansas City’s botanical garden. We have seven themed gardens, including a twelve acre edible landscape where we operate a community supported agricultural membership program. We sell our produce to the community to consume. We are a nine hundred and seventy acre site. We maintain one hundred botanical acres. And I think what is really important to understand is that a botanical garden is a living museum. We have a living collection that we care for. Our mission is to conserve, preserve and educate. We are about the Midwestern spirit of place and the importance of plants in our lives. That is what we do here.

We have a hundred thousand visitors and many, many people make memories. We bring joy to the community. There are weddings, there are memorial services. There are festivals, like our festival of butterflies that has been over twenty years in, in its making. We just launched a festival of lights last year. We had over twenty-two thousand people visit us in a five week period.

The irony of all of this is that this is happening at a time that Powell Gardens is actually in the middle of a capital campaign. We’ve raised almost ten million dollars for endowment and capital improvements, including a chapel study that is now being constructed, a dressing room for our chapel where many couples get married and people are honored in death. And we are raising money for a new front entrance that will be right on [U.S.] 50 Highway, grand entrance, really stating the cultural treasure that we have become after thirty years of history.

And we are very concerned about what this CAFO will do to the future of Powell Gardens and we urge the DNR and any other regulators and people in this decision making process to seriously consider not only what this could do to the neighborhood, but also to a very important community treasure, Powell Gardens. Thank you. [applause]

Tabitha Schmidt, CEO President, Powell Gardens.

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? (April 3, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – photos (April 5, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? – photos

05 Thursday Apr 2018

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It’s all about the money.

A company is in the process of creating an “up to” 6,999 beef cattle confined animal feeding operation (CAFO) on 400 acres on U.S. 50 in western Johnson County, just west of Powell Gardens. The Missouri Department of Natural Resource held a permit hearing in Warrensburg on Tuesday evening.

Outside the Warrensburg Community, site of the DNR hearing, two and a half hours before the start of the hearing:

“Protect our Water…”

Opponents of the of the confined animal feeding operation (CAFO):

Supporters of the CAFO for “up to” 6,999 cattle on 400 acres:

We’re not absolutely certain that they’re neighbors.

Kansas City media market network affiliates sent crews to cover the hearing:

“Farms not Factories”

Department of Natural Resources staff during the public comment portion of the hearing:

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came? (April 3, 2018)

Suppose you threw a DNR CAFO hearing in Warrensburg and everyone came?

03 Tuesday Apr 2018

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It’s all about the money.

A company is in the process of creating an “up to” 6,999 beef cattle confined animal feeding operation (CAFO) on 400 acres on U.S. 50 in western Johnson County, just west of Powell Gardens. The Missouri Department of Natural Resource held a permit hearing in Warrensburg this evening.

We arrived at the hearing room in the Warrensburg Community Center around 3:30 p.m., two and a half hours before the schedule start time. About a dozen CAFO opponents in red t-shirts and DNR staff were already in the room. Proponents of the CAFO, under the aegis of the Missouri Cattlemens Association held a press conference in an adjacent meeting room.

By the time of the scheduled 6:00 p.m. start there were over two hundred people in a room with approximately one hundred thirty chairs. It was definitely at capacity. Another two hundred people stood outside in the hallway. DNR staff set up the sound system with a speaker in the hallway so that those outside the room could hear the proceedings. Law enforcement officers were stationed at every door.

The Missouri Cattlemens Association press conference before the meeting:

We didn’t attend the press conference. We figured we’d hear it all at the hearing. We took a few photos from the doorway and didn’t get the name of the speaker. Our mistake.

After approximately a half hour of preliminaries from DNR staff the public comment portion of the hearing started. Each individual called was allotted three minutes to speak. Most of the people in attendance and most of the speakers were opposed to granting the CAFO a permit.

After two hours the moderator announced that it was 8:00 p.m. and time to end the hearing. Then this, the only extended unrecognized outburst from the audience:

…Why don’t you explain why you let all the hired guns speak and none of the Ag guys leaders speak? Why did Woody [Cozad] and all these guys automatically get to get up and speak? And we didn’t randomly pull out everybody else’s names? Voices: That’s right. You guys didn’t explain [inaudible]. We put our faith in DNR. And you came up, you didn’t do that. [crosstalk, inaudible]….I’m not saying, you just explain yourselves. Why did you give preferential treatment to these people? [crosstalk]…

Wait, he looks familiar, but we have no idea who he is:

“…Why don’t you explain why you let all the hired guns speak and none of the Ag guys leaders speak…?”

Uh, maybe because the people who spoke were associated with entities (Powell Gardens) or were individuals who were directly affected by the CAFO? Uh, maybe because there were more of them at the hearing?

By the way, a good portion of the CAFO supporters who spoke at the hearing weren’t particular effective with their communication skills. More than one was incoherent.

Standing up in a room and protesting too much while wearing a suit jacket (No tie? Nice touch!) which looks like it probably costs more than my monthly salary doesn’t wear well on anyone’s irate sense of victimhood.

It’s all about the money.

Previously:

Now that’s a CAFO (March 18, 2018)

Now that’s a CAFO – comments addressed to the Missouri Department of Natural Resources (March 21, 2018)

Editorial on pollution permit fees

07 Sunday Feb 2010

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Finally, somebody gets it !!  Springfield News Leader editorial Feb. 6 on raising pollution permit fees

is welcome news.  Southwest Missouri sees itself as even more dependent on clean water than the rest of the state although I don’t think that’s true.  Clean water is the life source for all of us.  If the economic argument is what gets DNR’s attention, so be it.  

Those of us who lobbied for this issue in Jeff City a few days ago welcome the News Leader’s attempt to educate the public.  Maybe the KC and St. L papers will jump in too.  I’m going to send this editorial to Rep. Marilyn Reulsman from Joplin, one of the reps we visited on Wednesday. She said she lives right next to a stream where her kids played while they were growing up.  Now she won’t let her grandkids anywhere near it, and some mornings there is as big glob of dirty foam on it.  She inquired and was told it was effluent from Neosho and there was nothing that could be done about it.  Don’t you love that problem solving attitude??? Egad.