Public Notice Information
Klabenes Land & Cattle, LLC
NE 1/4 & E 1/2, Section 20, Township 26N, Range 07W, Antelope County
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NPDES General Permit
September 22, 2021
October 22, 2021


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 modification 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 September 22nd, 2021 through October 22nd, 2021.
Application Number
NEG019130 NDEE ID: 107653
Name of Applicant
Klabenes Land & Cattle, LLC
Name of Operation
Klabenes Land & Cattle, LLC
Authorized Representative
Matt Klabenes
City/State/Zip Code
84860 Hwy 14
Neligh, NE 68756
Legal Description
NE 1/4 & E 1/2, Section 20, Township 26N, Range 07W, Antelope County
Animal Capacity and Type
6,200 head of Feeder Cattle with 56.10 Total Drainage Area
Type of Livestock Waste Control Facility
Two (2) Debris Basins, One (1) Diversion Berm, Three (3) Diversion Ditches, One (1) Holding Pond
Discharge Limits
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)

1. Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities.

2. Ensure proper management of mortalities.

3. Ensure clean water is diverted.

4. Prevent direct contact of animals with waters of the State.

5. Ensure chemicals and other contaminants are properly handled onsite.

6. Site-specific conservation practices are implemented, including as appropriate, buffers or equivalent practices to control runoff of pollutants to waters of the State.

7. Site-specific setback maps not included in #6 above.

8. Ensure specific records are maintained as required in Part II, Section E, Table A.

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

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 portable pump and power unit that connects to a center pivot system. Solid waste will be land applied by pull-type dry manure spreader.
Land Application Sites
SE 07 25 N 07 W; W 18 25 N 07 W; NE 19 25 N 07 W; NE 20 26 N 07 W;
SE 34 26 N 07 W; NE NW 35 26 N 07 W; S NW 35 26 N 07 W; SW 35 26 07 W;
SW 35 26 N 07 W
End of Public Comment Period
October 22nd, 2021
This modified coverage under the NPDES General Permit would be for a period of five 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 modified 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 modified 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, PO Box 98922, Lincoln, Nebraska 68509-8922.