Steuben County farmer seeks zoning exemption for nearly 900-head cattle operation

The size of Schmucker’s operation was reported to IDEM, which sent an inspector to the operation, precipitating the permit application process. Under state regulations, a permit is needed for a CFO that exceeds 300 head of cattle.

“Most of our cattle were outdoors and we weren’t aware of needing permits,” he said Tuesday.

Schmucker received a CFO permit April 18, but was assessed a civil penalty of $8,437 by IDEM. The permit allows Schmucker to have up to 880 young cattle.

His IDEM CFO application said, “They slowly expanded to also have weaned calves in order to allow for their children to be involved in the operation. The Schmuckers have now realized that the size of their operation requires a State CFO permit through IDEM.”

Despite receiving the CFO state permit, a special exception from the Steuben County Board of Zoning Appeals is still needed to operate. That special exception will be considered at a public hearing by the BZA Monday at 7 p.m. in the multi-purpose room of the Steuben Community Center, 317 S. Wayne St. Since it is a public hearing, comment will be accepted.

“(Schmucker) has the green light from IDEM,” Steuben County Assistant Plan Director Vina Conti, said. “They meet the 40 acres needed for 880 cows.”

The BZA will weigh the special exception request based on its effects on the county’s comprehensive plan, runoff to lakes, negative impact, smell, ground water and impact on environment.

Niann Lautzenhiser, Hamilton Lake, and a group of area residents is circulating a petition asking the BZA to reject the special exception.

“Our big concern is we don’t want to set a precedent for operating (a CFO) for a few years, then getting permits (after the fact),” she said.

The petition requests denial of the special exception for the following reasons:

• Precedent would be set if an individual is granted a special exception from the county after having run an unpermitted operation.

• Steuben County is not a proper location for a CAFO due to the 101-plus lakes and waterways.

• The aquifer from which the county gets drinking water is one of the best in the United States and everything should be done to protect that water source.

• Fish Creek runs through the property and eventually flows into the St. Joe River, from which Fort Wayne gets its drinking water.

• The proposal will be injurious to the public health, safety and general welfare of the community due to the above reasons.

• Granting the special exception will be contrary to the general purposes served by the Steuben County master plan and is permanently injuring and will continue to injure other property (through odors, deteriorating roads) or uses (by having fertilizer in waterways which increases weed growth in lakes, possible contamination of drinking water) in the same zoning district and vicinity; and

• the proposed use is not consistent with the character of the zoning district in which it is located and the recommendations of the comprehensive plan.

Lautzenhiser said residents will meet at the Hamilton Town Hall, 7750 S. Wayne St., at 7 p.m. Thursday, to discuss the special exception.

In response, Schmucker said his family has farmed 45 years in the area and he’s run his farm 17 years. His parents’ operation is adjacent to his and straddles the Indiana-Ohio border.

“We got our permit and we’re hoping to go forward. We want to work with IDEM,” Schmucker said. “We’re not wanting to hide anything and we want to work with and be part of the community.”

He and his family have a garden and said they regularly monitor Fish Creek for bacteria content.

“We want to have clean water and we’re working with IDEM,” he said.

The county’s special exception and IDEM’s permits are not contingent on the other, Barry Sneed, IDEM public information officer said.

“They’re independent of each other,” Sneed said. “Our main focus is to bring someone into compliance so they’re operating environmentally first. (IDEM) looks at circumstances.

“The permit would not expire until five years after its approval. If something happened at the county level that would cause Mr. Schmucker to alter the plan that was approved as part of the IDEM permit, then he would have to apply for a permit modification which would go through the same review process as the original permit.”

The operation’s application, submitted by Agronomics Solutions, Topeka, showed construction of a new manure storage unit that will be built of concrete and a barn to be used for management of used bedding, which will be straw that most likely will be soiled by manure, Sneed said. Three existing hoop barns where the animals are kept will add concrete flooring to better manage manure and bedding.

“They have been cooperative with IDEM’s CFO/CAFO permitting staff and enforcement staff to submit plans to bring their farm into compliance. The approved CFO permit will allow them to be in compliance with IDEM CFO rules which are designed to protect waters of the state,” Sneed said.

In a meeting of the Steuben County Commissioners on Monday, the Schmucker farm and other operations in the area were discussed, mainly due to damage to C.R. 1000E caused by heavy truck traffic and manure falling out of trucks and onto the road.

“We’re getting more complaints over on 1000 with manure being flung up and down the road,” Commissioner Jim Crowl said.

Building superintendent Frank Charlton said he has been working with Schmucker and his waste hauler to make sure they are in compliance with state and local laws.

This comes after Schmucker was fined in March 2015 for building his three hoop barns without permits.

One of the problems in the area is that a cattle staging area is in operation off of C.R. 1000E, north of and unrelated to the Schmuckers on the Williams County, Ohio, side of the road. Hundreds of cattle are staged in the area as they are shipped to various points throughout the country, Crowl said.

Soon Steuben County Commissioners are going to meet with their counterparts from Williams County and hope to discuss the issue.

“Something’s got to be done,” said Ron Smith, president of the commissioners and himself a livestock farmer.

Because of the Steuben County’s lakes and sensitive streams like Fish Creek, Crowl said IDEM needs to better monitor the way it hands out permits.

“When is IDEM finally going to wake up and stop handing out permits,” Crowl said.

Mike Marturello contributed to this report.