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LWC |
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66057 |
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Bar 6, Inc. |
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NE 1/4, NW 1/4, Section 35, Township 25N, Range 09W, Holt County |
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Ewing |
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Public Notice Documents |
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All Program Documents
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Revocation of Construction and Operating |
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February 11, 2021 |
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March 15, 2021 |
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NOTICE OF INTENT TO REVOKE A PHASED CONSTRUCTION & 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 Phased Construction and Operating Permit issued to the following animal feeding operation (AFO).
The Public Comment period will run from February 11th, 2021 through March 15th, 2021.
Gregg Bartak
Bar 6, Inc.
50831 847 Road
Ewing, NE 68735
The Department proposes to revoke the Phased Construction and Operating Permit issued to the AFO located in the NE 1/4, NW 1/4, Section 35, Township 25N, Range 09W, Holt County, Nebraska.
This proposed revocation is based on a January 20, 2021 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. 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 Phased 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 Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.
FACT SHEET
INTENT TO REVOKE PHASED 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 Phased Construction and 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 | Bar 6, Inc. NDEE ID: 66057 |
Authorized Representative | Gregg Bartak |
Address
City/State/Zip Code | 50831 847 Road
Ewing, NE 68735 |
Legal Description | NE 1/4, NW 1/4, Section 35, Township 25N, Range 09W, Holt County |
Type of Permit and Issuance Date | Phased Construction and Operating Permit issued on March 29. 2019 |
Animal Capacity and Type | 1,800 Head of Feeder Cattle |
Basis for Revocation | Requested by Operator |
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 | March 15th, 2021 |
*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.
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