NOTICE OF INTENT TO APPROVE AN APPLICATION FOR MAJOR MODIFICATION 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 September 27, 2023 through October 27, 2023. 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). Austin Schweitzer Wehrs Feed Yard, LLC (NDEE ID: 70991) 3150 Old Cheney Road Milford, NE 68405 The operation’s existing and proposed livestock waste control facilities (LWCFs) are located in the Pt. W 1/2, SE 1/4 & Pt. E 1/2, SW 1/4, Section 12, Township 09 N, Range 02 E, Seward County, Nebraska. The existing LWCFs include three clean water diversions, two debris basins, one diversion, and one holding pond. The application proposes the construction of one debris basin, the modification of one holding pond, and the removal of one clean water diversion. The application indicates an existing maximum of 3,700 head of Feeder Cattle, and proposes a new onetime maximum capacity of 4,900 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, 245 Fallbrook Blvd, Suite 100, 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. The Nebraska Department of Environment and Energy (NDEE) does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and NDEE does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in or oppose action protected/prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights. SCI — September 27, 2023 ZNEZ
