Public Notice Information
LWC
72354
Shoemaker Land & Cattle
W 1/2, & W 1/2, NE 1/4 Section 26, and Pt. E 1/2, SE 1/4, Section 27, Township 19N, Range 13W, Valley County, Nebraska
Ord, Nebraska
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Revoking of Construction Approval and State Operating Permit
March 18, 2020
April 20, 2020

NOTICE OF INTENT TO REVOKE A CONSTRUCTION APPROVAL AND 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 Approval and State Operating Permit issued to the following animal feeding operation (AFO).
The Public Comment period will run from March 18, 2020 through April 20, 2020.

Justine Shoemaker
Shoemaker Land & Cattle
48371 Springdale Road
Ord, NE 68862


The Department proposes to revoke the Construction Approval and State Operating Permit issued to the AFO located in the W 1/2, & W 1/2, NE 1/4 Section 26, and Pt. E 1/2, SE 1/4, Section 27, Township 19N, Range 13W, Valley County, Nebraska.

This proposed revocation is based on a February 13, 2020 inspection conducted by Department representatives in accordance with the Nebraska Livestock Waste Management Act and Title 130, Livestock Waste Control Regulations. 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 provided the conditions required by the Department are adequately implemented. As a result, the Department deems the operation eligible for a conditional exemption from permitting requirements upon revocation of the permit(s).

Revocation of these permit(s) 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 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 Approval and 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.