Public Notice Information
Faessler Farms LTD
SE 1/4, Section 27 & NE 1/4, Section 34, Township 19N, Range 50W, Morrill County
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Notice of Intent to Issue Coverage Under NPDES General Permit for CAFOS Confining Cattle- NEG022000
May 10, 2023
June 9, 2023


Nebraska Department of Environment and Energy
NPDES and State Permits Section
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 renewal of coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Concentrated Animal Feeding Operations (CAFOs) Confining Cattle 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 May 10th, 2023, through June 9th, 2023.
Application Number
NEG022116 NDEE ID: 72520
Name of Applicant
Todd Faessler
Name of Operation
Faessler Farms LTD
Authorized Representative
Todd Faessler
City/State/Zip Code
10172 Road 82
Bridgeport, NE 69336
Legal Description
SE ¼, Section 27 & NE ¼, Section 34, Township 19N, Range 50W, Morrill County
Animal Capacity and Type
Existing: 7,000 head of feeder cattle on 86.5 acres of total drainage.
Proposed: 4,000 head of feeder cattle on 86.5 acres of total drainage.
Type of Livestock Waste Control Facility
Existing: two (2) debris basins, three (3) diversions, two (2) lift stations, one (1) vegetative treatment area.
Proposed: one (1) debris basin, one (1) lift station, one (1) holding pond.
Discharge Limits
The holding pond 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 (3.7 inches).
The storage period capacity for the open lots must be no less than the greater of the expected average runoff from the month of June or the maximum runoff expected between land application or disposal events.
Section(s) Of The NMP
Permit Terms of the Nutrient Management Plan (NMP)
Sections 3 & 5
1. Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities.
Section 5 & 7
2. Ensure proper management of mortalities.
Sections 3 & 5
3. Ensure clean water is diverted.
Sections 3 & 5
4. Prevent direct contact of animals with waters of the State.
Section 5 & 7
5. Ensure chemicals and other contaminants are properly handled onsite.
Sections 3 & 5
6. Site-specific conservation practices are implemented, including as appropriate, buffers or equivalent practices to control runoff of pollutants to waters of the State.
Section 5
7. Site-specific setback maps not included in #6 above.
Section 5
8. Ensure specific records are maintained as required in Part II, Section E, Table A.
Sections 3 & 5
9. 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:
o Soil test results.
o Credits for plant available N in the field.
o Amount of N & P in the manure, litter, and process wastewater to be applied.
o Consideration of multi-year P application.
o Accounting for all other additions of plant available N & P to the field.
o Form and source of manure, litter, & process wastewater.
o Timing and method of land application.
o Volatilization of nitrogen and mineralization of organic nitrogen.
· Maximum amount of N & P from all sources
Section 5
10. Ensure protocols for appropriate testing of manure, litter, process wastewater, and soil are followed.
Land Application Practices
The proposal is to land apply effluent through a pump and power unit that connects to a gated pipe gravity irrigation system. Solid waste will be land applied by dry spreader.
Land Application Sites

End of Public Comment Period
June 9th, 2023
This renewed coverage under the NPDES General Permit would be for a period of up to fivefive 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: 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 a renewal of 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:

NPDES & State Permits Section
Nebraska Department of Environment and Energy
245 Fallbrook Blvd Suite 100
Lincoln, Nebraska 68521

The Nebraska Department of Environment and Energy (NDEE) 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.