Public Notice Information
LWC
73948
Lichti Farms, Inc.
NW 1/4, Section 25, Township 05N, Range 04W, Fillmore County
Shickley
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Intent To Revoke State Operating Permit
December 16, 2020
January 15, 2021

NOTICE OF INTENT TO REVOKE A STATE OPERATING PERMIT



Nebraska Department of Environment and Energy
Water Permits 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 State Operating Permit issued to the following animal feeding operation (AFO).
The Public Comment period will run from December 16th, 2020 through January 15th, 2021.

Michael Lichti
Lichti Farms, Inc. (#73948)
210 Road 6, Box 406
Shickley, NE 68436


This proposed revocation is based on a November 12, 2020 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 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 State 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 Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.
FACT SHEET

INTENT TO REVOKE STATE OPERATING PERMIT



In accordance with Title 115, Rules of Practice and Procedure, the Nebraska Department of Environment and Energy (Department) intends to revoke a State Operating Permit 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 Operation
Lichti Farms, Inc.
Authorized Representative
Michael Lichti
Address
City/State/Zip Code
210 Road 6, Box 406
Shickley, NE 68436
Legal Description
NW 1/4, Section 25, Township 05N, Range 04W, Fillmore County
Type of Permit(s) and Issuance Date(s)
State Operating Permit issued on November 25, 1998
Animal Capacity and Type
2,080 Swine ≥ 55 lbs.
Basis for Revocation
Requested
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
January 15th, 2020
*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. 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: Agriculture Section, Nebraska Department of Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.