Guy Leif Feedyards

NOTICE OF INTENT TO REVOKE A CONSTRUCTION & OPERATING PERMIT

Nebraska Department of Environment and Energy
NPDES and State Permits Section
Permits 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 Construction and Operating Permit issued to the following concentrated animal feeding operation (CAFO).

The Public Comment period will run from November 20, 2024 through December 20, 2024  

The Department proposes to revoke the Construction and Operating Permit issued to the CAFO located in the E 1/2, NE 1/4, Section 14 & SW 1/4, NW 1/4, Section 13, Township 12N, Range 02W, York County.

This proposed revocation is based on an inspection conducted by Department representatives in accordance with the Nebraska Livestock Waste Management Act and Title 130, Livestock Waste Control Regulations.  At the time of inspection, the CAFO had reduced livestock numbers, and is currently operating as a small AFO.  According to Title 130, Chapter 2, 001, any small AFO is exempt from…permit requirements, unless the AFO has discharged pollutants to waters of the State.  The inspection revealed no evidence that the CAFO had discharged pollutants to waters of the State and determined it is not likely that such a discharge might occur.  As a result, the Department deems the operation eligible for an exemption from permitting requirements upon revocation of the permit.  
 
Revocation of this permit by the Department does not relieve the operation of other duties and responsibilities under the Nebraska Environmental Protection Act, the Nebraska Livestock Waste Management Act or Title 130.  Principally, the operation is responsible for preventing any discharge of livestock waste to waters of the State.  Department staff will conduct periodic inspections of the operation to monitor compliance with these regulatory requirements.  Violations of state regulations could result in fines, civil or criminal penalties or removal of the livestock from the operation.  If, in the future, the CAFO would seek to expand or modify its current operating style, they must first request an inspection by the Department prior to starting construction or implementing any modifications.  

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 Construction Approval // State Operating Permit // Construction and Operating Permit // NPDES General Permit // NPDES Individual 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.

The Nebraska Department of Environment and Energy (NDEE) does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and NDEE does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in or oppose action protected/prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.

FACT SHEET
INTENT TO REVOKE CONSTRUCTION & OPERATING PERMIT // NPDES GENERAL PERMIT

In accordance with Title 115, Rules of Practice and Procedure, the Nebraska Department of Environment and Energy (Department) intends to revoke a Construction and Operating Permit // NPDES General 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.  

*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.

The Nebraska Department of Environment and Energy (NDEE) does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and NDEE does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in or oppose action protected/prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights