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LWC
81514
Plum Creek Pork, LLC
Oconto
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Revoke a Construction Approval
May 19, 2022
June 18, 2022

NOTICE OF INTENT TO REVOKE A CONSTRUCTION APPROVAL



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 issued to the following concentrated animal feeding operation (CAFO).
The Public Comment period will run from May 19th, 2022 through June 18th, 2022.

John Ford
Plum Creek Pork, LLC (NDEE ID: 81514)
43080 Road 776
Oconto, NE 68860


This proposed revocation is based on an April 28, 2022 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 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.

This proposed revocation is based on a April 28, 2022 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 CAFO 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 Construction Approval. 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.