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53654
Wheeler and Wheeler, Inc
NE 1/4, NE 1/4, Section 09, Township 17N, Range 04W, Nance County
Osceola
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Notice of Intent of to Revoke
November 18, 2020
December 18, 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 November 18th, 2020 through December 18th, 2020.

Todd WheelerTodd Wheeler
Wheeler & Wheeler, Inc.Wheeler & Wheeler, Inc.
1132 132 Road
Osceola, NE 686511132 132 Road
Osceola, NE 68651


The Department proposes to revoke the Construction Approval and State Operating Permit issued to the AFO located in the NE 1/4, NE 1/4, Section 09, Township 17N, Range 04WNE 1/4, NE 1/4, Section 09, Township 17N, Range 04W, NanceNance County, Nebraska.

This proposed revocation is based on an August 22, 2018 inspection conducted by Department representatives in accordance with the Nebraska Livestock Waste Management Act and Title 130, Livestock Waste Control Regulations. At the time of inspection, the AFO had reduced livestock numbers, and is currently operating as a small AFO. According to Title 130, Chapter 2, 001, any small AFO is exempt from…permit requirements, unless the AFO has discharged pollutants to waters of the State. 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 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.
FACT SHEET

INTENT TO REVOKE CONSTRUCTION APPROVAL AND STATE OPERATING PERMIT



In accordance with Title 115, Rules of Practice and Procedure, the Nebraska Department of Environment and Energy (Department) intends to revoke a Construction Approval and State 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
Wheeler & Wheeler, Inc.
Authorized Representative
Todd Wheeler
Address
City/State/Zip Code
1132 132 Road
Osceola, NE
68651
Legal Description
NE 1/4, NE 1/4, Section 09, Township 17N, Range 04W, Nance County
Type of Permit(s) and Issuance Date(s)
Construction Approval issued on October 23, 1979 and State Operating Permit issued on December 13, 1979.
Animal Capacity and Type
2,024 swine weighing 55 lbs. or more decreasing to no more than 700 swine weighing 55 lbs. or more.
Current Ownership
Todd and Tamara Wheeler
Basis for Revocation
Decrease in animal numbers to 700 swine weighing 55lbs. or more
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
December 18th, 2020
*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.