NOTICE OF INTENT TO APPROVE AN
APPLICATION FOR A CONSTRUCTION AND OPERATING PERMIT
Nebraska Department of Environment and Energy
Water Permits Division
Lincoln, Nebraska
Pursuant to the Neb. Rev. Stat. 54-2425 (4) as amended, the Nebraska Department of Environment and Energy (Department) is issuing notice to provide an opportunity for any interested person to submit written comments on the proposed decision for the following animal feeding operation.
This public comment period will be from October 23, 2019 through November 25, 2019. Comments made should pertain to issues for which the Department has authority under the Livestock Waste Management Act (Neb. Rev. Stat. Section 54-2416 through 54-2435).
Derek Foxhoven
Foxhoven Cattle Company
55939 897th Road
Fordyce, NE 68736
The operation’s existing and proposed livestock waste control facilities (LWCFs) are located in the NW 1/4, Section 20, Township 33N, Range 01E, Cedar County, Nebraska. The existing LWCF includes a Holding Pond, two debris basins, and a vegetated treatment area. The application proposes the phased construction of a new holding pond, 6 debris basins. The existing holding pond and vegetative treatment areas will be decommissioned after the first phase of construction.
The application indicates an existing maximum of 1,375 head of Feeder Cattle, and proposes a new one-time maximum capacity of 10,000 head of Feeder Cattle at the completion of phased construction.
The Department has reviewed the application to ensure compliance with the Livestock Waste Management Act and Title 130 – Livestock Waste Control Regulations. Currently, the Department intends to approve the application for a major modification to the previously issued Construction and Operating Permit. Upon completion of review of any written comments received, the Department will make a final decision on the permit application and respond to any comments.
The application and other public information is available for review and copying between 8:00 a.m. and 5:00 p.m. (CT), weekdays at the Department's Office, Suite 400, The Atrium, 1200 N Street, Lincoln, Nebraska, telephone (402) 471-2186. 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 animal feeding operation.
All comments should be sent to: Agriculture Section, Nebraska Department of Environment and Energy, PO Box 98922, Lincoln, Nebraska 68509-8922.