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Legacy Cattle Company, LLC

Program Name
Water: Agriculture
FID
88271
Location
NW 1/4, Section 27, Township 01N, Range 04W, Thayer County
Nearest City
Byron, NE
Link to Public Notice Documents
Public Notice Documents
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Permit Type
NPDES General Permit
Comment Start Date
End of Comment Period

NOTICE OF INTENT TO COVERAGE UNDER NPDES GENERAL PERMIT FOR CAFOS – NEG020000 

Nebraska Department of Water, Energy, and Environment

Livestock & Agriculture Section

Lincoln, Nebraska

The Nebraska Department of Water, Energy, and Environment (Department) is issuing notice to provide an opportunity for any interested person to submit written comments, objections and/or hearing requests concerning the issuance / renewal / modification of coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Concentrated Animal Feeding Operations (CAFOs) to the following CAFO.  The opportunity to comment applies only to the CAFO listed below and not to the General Permit which has already been issued.

The Public Comment Period will run from October 1st, 2025 through October 31st, 2025.

Application Number

NEG020116

DWEE ID: 88271

Name of ApplicantTrey Duensing
Name of OperationLegacy Cattle Company, LLC
Authorized Representative Trey Duensing

Address

City/State/Zip Code

274 Road 5200
Byron, NE 68325
Legal DescriptionNW 1/4, Section 27, Township 01N, Range 04W, Thayer County
Animal Capacity and Type11,500 head of Feeder Cattle on 93.5 Acres of Total Drainage
Type of Livestock Waste Control FacilityTwo (2) Holding Ponds and Seven (7) Debris Basins 
Discharge LimitsThe holding pond(s) must be designed, constructed, operated, and maintained to control the manure, litter and process wastewater generated during the storage period plus the runoff produced by a 25-year, 24-hour storm event (5.3 inches). 

Permit Terms of the Nutrient Management Plan (NMP)

  1. Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities.

  1. Ensure proper management of mortalities.

  1. Ensure clean water is diverted.

  1. Prevent direct contact of animals with waters of the State.

  1. Ensure chemicals and other contaminants are properly handled onsite.

  1. Site-specific conservation practices are implemented, including as appropriate, buffers or equivalent practices to control runoff of pollutants to waters of the State.

  1. Site-specific setback maps not included in #6 above.

  1. Ensure specific records are maintained as required in Part II, Section E, Table A.

  1. Implement protocols to land apply manure, litter, and process wastewater to ensure agricultural utilization of the nutrients in the manure, litter, and process wastewater using the narrative rate approach:

  • Fields available for land application

  • Timing limitations for land application

  • Nitrogen & phosphorus transport risk assessment result

  • Planned crops or other usage

  • Alternative crops

  • Realistic annual crop yield goal

  • Total N & P recommendations per crop

  • Narrative rate approach methodology, to account for:

    • Soil test results;

    • Credits for plant available N in the field;

    • Amount of N & P in the manure, litter, and process wastewater to be applied;

    • Consideration of multi-year P application;

    • Accounting for all other additions of plant available N & P to the field;

    • Form and source of manure, litter, & process wastewater;

    • Timing and method of land application;

    • Volatilization of nitrogen and mineralization of organic nitrogen.

  • Maximum amount of N & P from all sources

  1. Ensure protocols for appropriate testing of manure, litter, process wastewater, and soil are followed.

Land Application PracticesThe proposal is to land apply effluent through a portable pump and power unit that connects to a center pivot system.  Solid waste will be land applied by pull-type dry manure spreader, a truck mounted spreader or transferred to local area farmers.  Land application agreements with neighboring landowners have been signed.
Land Application Sites

      SE 15 N 01 W 04

      SE 22 N 01 W 04

   S     SW 27 N 02 W 04

   S     NE 21 N 01 W 04

      NW 23 N 01 W 04

      SE 28 N 02 W 04

      SE 21 N 01 W 04

      SE 28 N 01 W 04

      NW 34 N 02 W 04

   W     NW 22 N 01 W 04

  

 

End of Public Comment PeriodOctober 31st, 2025

This coverage under the NPDES General Permit would be for a period of five years, and would restrict pollutant discharges to comply with the requirements of Department regulations.  The application includes a detailed nutrient management plan from which permit terms have been identified. 

The application for General Permit coverage, nutrient management plan 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: dwee.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 on granting coverage under the NPDES 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 must be submitted in writing to:  Livestock & Agriculture Section, Nebraska Department of Water, Energy, and Environment, 245 Fallbrook Blvd, Ste 100, Lincoln, Nebraska 68521.

The Nebraska Department of Water, Energy, and Environment (DWEE) 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.