NOTICE OF INTENT TO REVOKE A CONSTRUCTION & OPERATING PERMIT
Nebraska Department of Environmental Quality
Water Permits Division
The Nebraska Department of Environmental Quality (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 July 3, 2019 through August 2, 2019.
Curtis and Sara Lemburg dba Lemburg Farms
84450 506th Avenue
Ewing, NE 68735
The Department proposes to revoke the Construction and Operating Permit issued to the CAFO located in the NW 1/4, Section 09, Township 24N, Range 09W, Wheeler County, Nebraska.
This proposed revocation is based on a January 10, 2019 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 medium animal feeding operation (AFO). The inspection revealed no evidence that the AFO 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 AFO 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 Office, Suite 400, The Atrium, 1200 N Street, Lincoln, Nebraska, 68508-8922; Telephone (402) 471-2186; FAX: (402) 471-2909; or E-Mail: firstname.lastname@example.org. 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 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: Agriculture Section, Nebraska Department of Environmental Quality, PO Box 98922, Lincoln, Nebraska 68509-8922.
Published July 3, 2019
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