Cross Creek Farms
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NOTICE OF INTENT TO REVOKE A PHASED CONSTRUCTION & OPERATING PERMIT
Nebraska Department of Environment and Energy
Permitting and Engineering Division
Lincoln, Nebraska
The Nebraska Department of Environment and Energy (Department) is issuing notice to provide an opportunity for any interested person to submit written comments, objections, and/or hearing requests concerning the revocation of a Phased Construction and Operating Permit issued to the following concentrated animal feeding operation (CAFO).
The Public Comment period will run from November 26, 2024 through December 26, 2024
Jason Benton
Cross Creek Farms
40643 Holloway Road
Lyman, NE 69352
This proposed revocation is based on a February 14, 2023, inspection conducted by Department representatives in accordance with the Nebraska Livestock Waste Management Act and Title 130, Livestock Waste Control Regulations. This inspection revealed that the owners of the CAFO described above are no longer feeding livestock, and the operation has been permanently and properly closed according to all Title 130 closure requirements. As a result, the Department deems the operation eligible for a revocation of permit coverage. If, in the future, an owner or operator would seek to resume feeding livestock at this location as a medium or large animal feeding operation, they must first request an inspection from the Department prior to starting construction or feeding any livestock.
The inspection report, fact sheet and other public information are available for review and copying between 8:00 a.m. and 5:00 p.m. (CT), weekdays, excluding holidays at the Department's Telephone (402) 471-2186; FAX: (402) 471-2909; or E-Mail: ndee.records@nebraska.gov. Individuals requiring special accommodations or alternate formats of materials should notify the Department by calling (402) 471-2186. TDD users should call (800) 833-7352 and ask the relay operator to call the Department at (402) 471-2186. Please include the above name and legal description of the concentrated animal feeding operation.
All comments received during the public comment period will be considered in the final decision for revocation of the Phased Construction and Operating Permit. A request for a public hearing must be submitted in writing and must state the nature of the issues proposed to be raised at a hearing. A determination to hold a hearing will be based on factual environmental or regulatory considerations. All public comments and requests for hearings may be submitted in writing to: NPDES and State Permits Section, Nebraska Department of Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.
FACT SHEET
INTENT TO REVOKE PHASED CONSTRUCTION & OPERATING PERMIT
In accordance with Title 115, Rules of Practice and Procedure, the Nebraska Department of Environment and Energy (Department) intends to revoke a Phased Construction and Operating Permit issued to the concentrated animal feeding operation (CAFO) listed below. The Department has determined that this CAFO shall no longer be subject to the permit requirements described in Title 130, Livestock Waste Control Regulations. The basis for such a determination is provided below.
| Name of Operation | Cross Creek Farms |
| Authorized Representative | Jason Benton |
| Address City/State/Zip Code | 40643 Holloway Road Lyman, NE 69352 |
| Legal Description | SW1/4, Section 26, Township 23N, Range 58W, Scotts Bluff County |
| Type of Permit(s) and Issuance Date(s) | Phased Construction and Operating Permit issued on September 24, 2019 |
| Animal Capacity and Type | 5,000 head/feeder cattle |
| Current Ownership | Jason Benton – Cross Creek Farms |
| Basis for Revocation | Operation no longer feeding cattle. |
| Proposed Changes or Modifications | (Closure) |
| Regulatory Requirements for any Owner or Operator seeking to resume feeding as a large or medium Animal Feeding Operation at the location described above* | Any person owning or operating a large or medium animal feeding operation that does not have an NPDES permit, construction approval, operating permit or construction and operating permit and has not been notified that no permit is required shall submit an inspection request to the Department on a form provided by the Department. An inspection fee shall accompany the inspection request. Any person who owns or operates an animal feeding operation shall not: · Construct an animal feeding operation or any portion thereof prior to an inspection by the Department, unless exempted from inspection by the Nebraska Environmental Protection Act, Livestock Waste Management Act or these regulations; · Construct a livestock waste control facility without a Construction and Operating Permit or Construction Approval or not in compliance with a Construction and Operating Permit or Construction Approval issued by the Department, unless exempted from the requirements for a Construction and Operating Permit by the Nebraska Environmental Protection Act, Livestock Waste Management Act or these regulations; · Violate any provision of the Livestock Waste Management Act and regulations. |
| End of Public Comment Period | December 26, 2024 |
*This summary of regulatory requirements for animal feeding operation owners or operators is collected from Title 130, Livestock Waste Control Regulations, Chapter 2. This summary is not intended to be a comprehensive list of requirements, please refer to Title 130 in its entirety for a complete listing of regulatory obligations.
The draft revocation letter, draft exemption letter, inspection report and other public information are available for review and copying at the Lincoln office by contacting the Records Management Section, Telephone: (402) 471-3557; FAX: (402) 471-2909; or E-Mail: ndee.records@nebraska.gov.
All comments received during the public comment period will be considered in the final decision on whether revoke the permit(s). A request for public hearing must be submitted in writing and state the nature of the issues proposed to be raised at a hearing. A determination to hold a hearing will be based on factual environmental or regulatory considerations. All public comments and requests for hearings may be submitted in writing to: NPDES and State Permits Section, Nebraska Department of Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.