Public Notice Information
Brandon Depenbusch
W 1/2 and Pt. SE 1/4, Section 02, Township 09N, Range 21W, Dawson County, Nebraska
Lexington, Nebraska
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Major Modification to Construction and Operating Permit
October 2, 2019
November 1, 2019



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 concentrated animal feeding operation.

This public comment period will be from October 2, 2019 through November 1, 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).

Brandon Depenbusch
Roberts Cattle Company
75590 Road 436
Lexington, NE 68850

The operation’s existing and proposed livestock waste control facilities (LWCFs) are located in the W 1/2 and Pt. SE 1/4, Section 02, Township 09N, Range 21W, Dawson County, Nebraska. The existing LWCF includes three diversion ditches, one holding pond, two lift stations, and two wet basins. The application proposes the construction of two diversion ditches, one holding pond, and one lift station and the closure of part of one of the existing wet basins.

The application indicates an existing maximum of 12,800 head of feeder cattle, and proposes a new one-time maximum capacity of 30,000 head of feeder cattle.

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.