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Myers Brothers Livestock North

Program Name
Water: Agriculture
FID
66767
Location
NE ¼, Section 17, Township 06N, Range 02E, Fillmore County
Nearest City
Geneva, NE
Link to Public Notice Documents
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Permit Type
Revocation of a Construction Approval
Comment Start Date
End of Comment Period

NOTICE OF INTENT TO REVOKE A CONSTRUCTION APPROVAL 

 

Nebraska Department of Environment and Energy

Inspection and Compliance 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 Approvals issued to the following animal feeding operation (AFO).

 

The Public Comment period will run from July 2, 2025 through August 4, 2025.

 

Kent Myers

Myers Brothers Livestock North

920 Road 15
Geneva, NE 68361

 

This proposed revocation is based on a May 22, 2025 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 AFO 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, Nebraska Department of Environment and Energy, 245 Fallbrook Blvd, Suite 100, Lincoln, Nebraska 68521, telephone (402) 471-2186; FAX: (402) 471-2909; or E-Mail: ndee.records@nebraska.gov.  Individuals requiring special accommodation 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.  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:  Livestock Section, Nebraska Department of Environment and Energy, 245 Fallbrook Blvd, Suite 100, Lincoln, Nebraska 68521.


 

 

FACT SHEET

INTENT TO REVOKE CONSTRUCTION APPROVAL 

 

In accordance with Title 115, Rules of Practice and Procedure, the Nebraska Department of Environment and Energy (Department) intends to revoke a Construction Approval issued to the animal feeding operation (AFO) listed below.  The Department has determined that this AFO 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 OperationMyers Brothers Livestock North
Authorized Representative Kent Myers

Address

City/State/Zip Code

920 Road 15
Geneva, NE 68361
Legal DescriptionNE ¼, Section 17, Township 06N, Range 02E, Fillmore County
Type of Permits and Issuance DatesConstruction Approval issued on June 26, 1978 and July 2, 1979
Animal Capacity and Type2,050 swine ≥ 55 lbs.
Current OwnershipKent Myers
Basis for RevocationNo longer feeding livestock, LWCFs cleaned of all livestock waste
IF THE OPERATION HAS CEASED FEEDING LIVESTOCK AND HAS PROPERLY CLOSED THE LWCF:  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 PeriodAugust 4, 2025

*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 permits.  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:  Livestock Section, Nebraska Department of Environment and Energy, 245 Fallbrook Blvd, Suite 100, Lincoln, Nebraska 68521