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LWC |
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83067 |
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Jenkins Feedlot |
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SE 1/4, Section 06, Township 19N, Range 04W, Platte County |
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St Edward |
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Public Notice Documents |
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All Program Documents
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Notice of Intent to Revoke a State Operating Permit |
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August 31, 2022 |
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September 30, 2022 |
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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 Construction and Operating Permit issued to the following concentrated
animal feeding operation (CAFO).
The Public Comment period will run from August 31st, 2022 through September 30th, 2022.
Kenneth Jenkins
Jenkins Feedlot (NDEE ID: 83067)
41689 535th Avenue
St. Edward, NE 68660
The Department proposes to revoke the Construction and Operating Permit issued to the CAFO located in the SE 1/4, Section 06, Township 19N, Range 04W, Platte County, Nebraska.
This proposed revocation is based on a August 17, 2022 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 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: NPDES & State Permits Section, Nebraska Department of Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.
FACT SHEET
INTENT TO REVOKE CONSTRUCTION & OPERATING 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 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.
Name of Operation Jenkins Feedlot NDEE ID: 83067
Authorized
Representative
Kenneth Jenkins
Address
City/State/Zip Code
41689 535th Avenue
St. Edward, NE 68660
Legal Description SE 1/4, Section 06, Township 19N, Range 04W, Platte County
Type of Permit and Issuance Date
Construction and Operating Permit issued on June 25, 2008
Animal Capacity andType
Existing: 2,500 head of Feeder Cattle
Proposed: 2,500 head of Feeder Cattle
Current Ownership Derek Nauenburg
Basis for Revocation Headcount has decreased below permit required numbers
Proposed Changes or Modifications
The producer will now operate with less than 300 Feeder Cattle
Regulatory Requirements for Animal Feeding Operation Owners or Operators*
Any person who owns or operates an animal feeding operation shall not:
• Provide or present false or misleading information to the Department or omit
relevant facts when submitting reports or applications to the Department;
• Allow livestock at an animal feeding operation to come into direct contact with
waters of the State, apply livestock waste on or into waters of the State or
otherwise allow or cause a discharge;
• Apply manure, litter, or process wastewater to land in a manner that results in a
discharge to waters of the State or that is not in accordance with nutrient
management practices that ensure appropriate agricultural utilization of the
nutrients in the manure, litter or process wastewater;
• Stockpile livestock waste in a drainage way or other location where it is likely to
impact waters of the State;
• Deny the Department access to an animal feeding operation, at any reasonable
time, for inspection purposes or deny access to any records, at any reasonable
time, required under the regulations;
• 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;
• Operate an animal feeding operation prior to construction of an approved
livestock waste control facility, unless exempted from the requirements for a
Construction and Operating Permit by the Nebraska Environmental Protection
Act, Livestock Waste Management Act or these regulations;
• Operate an animal feeding operation without a Construction Approval, Operating
Permit, Construction and Operating Permit or an NPDES Permit as required in
Chapter 5 of these regulations, unless exempted from permitting under these
regulations;
• Discharge animal excreta, feed, bedding, spillage or overflow from water
systems, wash and flushing waters, sprinkling water from livestock cooling,
precipitation polluted by falling on or flowing onto an animal feeding operation or
other materials polluted by livestock waste in violation of or without first
obtaining an NPDES Permit, a Construction and Operating Permit, Construction
Approval or exemption from the Department, if required by the Nebraska
Environmental Protection Act, Livestock Waste Management Act or these
regulations;
• Place or allow dead animals or animal parts in a livestock waste control facility.
Dead animals or animal parts shall not be land applied with livestock waste
except when properly composted or when dead animals have been processed by
an approved means of mortality disposal;
• Dispose of chemicals in a livestock waste control facility; or
• Violate any provision of the Livestock Waste Management Act and regulations.
Any person who owns or operates an animal feeding operation shall report any
discharge of manure, litter, or process wastewater to the Department within twenty-four
(24) hours of the event and provide a written report to the Department within five (5) days of the event.
End of Public Comment Period
September 30th, 2022
*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: NPDES & State Permits Section, Nebraska Department of Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.
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