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Public Notice and Comment Period

1) Draft National Pollutant Discharge Elimination System (NPDES) Permits for Five Concentrated Animal Feeding Operations (CAFOs) within the boundary of the Omaha Tribe of Nebraska Reservation

2) Proposed Certifications of Compliance with Section 401 of the Clean Water Act

The CAFOs include:

NPDES Permit Number

CAFO Name and Address

Location

Receiving Stream

NE0135399 (PDF) (164 pp., 15.76MB, About PDF)

Bruns Feedlot, LLC
1172 I Road
Pender, NE 68047

NE & NW , Section 11,
Township 25N, Range 5E

Unnamed tributary to Logan Creek

NE0134961 (PDF) (184 pp., 16.63MB, About PDF)

LBBJ, Inc.
1213 J Ave.
Pender, NE 68047

S , SW , Section 12,
Township 25N, Range 5E

Unnamed tributary to Rattlesnake Creek

NE0135704 (PDF) (158 pp., 11.94MB, About PDF)

Ron Bruns Feedyards, Home Place
1539 Highway 16
Pender, NE 68047

S , SE , Section 11,
Township 25N, Range 5E

Unnamed tributary to Logan Creek

NE0106526 (PDF) (133 pp., 9.00MB, About PDF)

Ron Bruns Feedyards, East Place
1539 Highway 16
Pender, NE 68047

SE , SW , & SW , SE ,
Section 21, Township 25N, Range 6E

Unnamed tributary to Logan Creek

NE0136603 (PDF) (142 pp., 13.46MB, About PDF)

Tom Reppert Livestock
1245 M Ave.
Pender, NE 68047

SE , SW , Section 25,
Township 25N, Range 5E

Unnamed tributary to Rattlesnake Creek

This public notice is issued by the U.S. Environmental Protection Agency, Region 7 (EPA). EPA is seeking comments on: 1) draft National Pollutant Discharge Elimination System (NPDES) permits and Nutrient Management Plans under Section 402 of the Clean Water Act (CWA) for five Concentrated Animal Feeding Operations (CAFOs) located in Thurston County, Nebraska, and 2) certifications under Section 401 of the CWA that EPA’s draft NPDES permits for the CAFOs are protective of applicable water quality standards and will comply with effluent guidelines and limitations.

EPA is seeking written comments regarding these proposed actions until September 4, 2015. The address for written comments or to request a public hearing is shown below.

BACKGROUND: NPDES permits to discharge wastewater to waters of the United States are issued under Section 402 of the CWA, 33 U.S.C. Section 1342, subject to certain effluent limitations and other conditions. The CAFOs located within the exterior boundary of the Omaha Tribe of Nebraska Reservation have applied to EPA for NPDES permits. EPA has the authority to issue NPDES permits for these facilities located and discharging within Indian country. On the basis of information provided to EPA by the CAFOs, and application of pertinent standards and regulations, EPA proposes to issue NPDES permits, pursuant to Section 402 of the Clean Water Act, 33 U.S.C. Section 1342.

DRAFT NPDES PERMITS: Each draft permit would authorize a discharge to the receiving stream only if caused by extreme rainfall events and only if the CAFO is operated in accordance with the effluent limitations, best management practices, and other requirements and conditions in the permit. Compliance with the permits will prevent almost all discharges from the CAFO production areas and land-application areas used by the CAFOs. The draft permits include technically-based effluent limitations and conditions. Additional information regarding these permits is contained in the Administrative Record for each draft permit, which includes the permit application, the draft permit, the Statement of Basis for the draft permit, the Nutrient Management Plan, and other pertinent information upon which the draft permit is based.

TECHNICAL STANDARDS FOR NUTRIENT MANAGEMENT: The NPDES permits require each CAFO to develop a site-specific Nutrient Management Plan. The plan must be in compliance with the Nebraska Natural Resources Conservation Services’ 590 Standards for Nutrient Management.

CERTIFICATION OF COMPLIANCE WITH CWA SECTION 401: Before EPA may issue the final NPDES permit for each CAFO, EPA must certify under Section 401 of the CWA, 33 U.S.C. Section 1341, that the discharge authorized by each permit will comply with the requirements of Sections 301, 302, 303, 306 and 307 of the CWA, including applicable water quality standards and effluent guidelines and limitations. EPA has reviewed applicable water quality standards and effluent guidelines, and has included limitations and conditions in each permit to ensure compliance with such requirements, as described in the draft permits and Statement of Basis for each draft permit. At this time, EPA seeks public comment regarding its intent to certify that the discharges authorized by each permit will not violate applicable water quality standards or effluent guidelines and limitations.

ADMINISTRATIVE RECORD AVAILABILITY: The Administrative Recordsand other information concerning EPA’s draft NPDES permits are available for review from 9 a.m. to 3 p.m., Monday through Friday, at the EPA Region 7 Office, 11201 Renner Boulevard, Lenexa, KS 66219. Copies of these documents are also available at the following local library:

House Memorial Library
220 Thurston Ave.
Pender, NE 68049
Phone: 402-385-2521

Copies of each draft permit, Statement of Basis, and Nutrient Management Plan are also available by clicking on the permit numbers in the table above.

For more information about the available documents, please call Donna Porter, EPA Region 7, at 913-551-7929 or toll-free at 1-800-223-0425.

HOW TO PROVIDE COMMENTS: Interested persons may submit written comments regarding each proposed permit action by EPA or submit a written request for a public hearing on any of the draft permits. Any request for a public hearing must state the nature of the issues that the requestor proposes to raise at the hearing. If there is significant interest expressed on any of the draft permits during the 30-day public comment period, a public hearing will be held on the contents of that draft permit. EPA’s rules and procedures governing the issuance of NPDES permits, the public comment period, and public hearings on draft NPDES permits are found at 40 Code of Federal Regulations (CFR) Parts 25 and 124, and are also available for review in the Administrative Records. All written comments and any request for a public hearing should include the CAFO name and NPDES permit number, and must be submitted by September 4, 2015, to: Glenn Curtis, P.E., Chief, Waste Water & Infrastructure Management Branch, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219.


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