Public Notice: Opportunity to Comment on Preliminary Finding of No Significant Impact Based on the Environmental Assessment for the Proposed Maher Cattle NPDES Permit in South Dakota
Summary
In accordance with the Clean Water Act, the National Environmental Policy Act (NEPA) and the U.S. Environmental Protection Agency's regulations for implementing NEPA (40 C.F.R. Part 6), the EPA has determined that no significant environmental impacts are anticipated from the issuance of the NPDES permit and the proposed action does not constitute a major Federal action significantly affecting the quality of the human environment, making the preparation of an Environmental Impact Statement (EIS) unnecessary. Therefore, the EPA is issuing a preliminary finding of no significant impact (FONSI) to document this determination.
Activity
The EPA is proposing to issue a “new source” Clean Water Act (CWA) section 402 National Pollutant Discharge Elimination System (NPDES) permit for discharge of pollutants into waters of the U.S. from Maher Cattle Company, LLC (the Facility). The issuance of a CWA NPDES permit to a “new source” is subject to environmental review pursuant to NEPA (42 U.S.C. § 4321 et seq.; CWA section 511 (c), 33 U.S.C. § 1371). The environmental review process, which is documented by the Environmental Assessment (EA), indicates that no potential significant adverse environmental impacts are anticipated from the proposed action to issue an NPDES permit to Maher Cattle Company, LLC. The EA analyzed the potential environmental impacts to resources of concern associated with the EPA’s issuance of the NPDES permit, consistent with the requirements of 40 C.F.R. § 6.205. The EPA issued the Draft EA for public comment and the EPA has responded to comments received in this process. See Appendix E of the EA. As documented in the EA, issuing an NPDES permit likely improves impacts on the environment from the Facility. If an NPDES permit is not issued by the EPA, the Facility could continue to operate and impacts to relevant resources likely would be more adverse than if the EPA issues an NPDES permit with the specified conditions and requirements. Based on the environmental impact analysis in the EA, and pursuant to 40 C.F.R. § 6.206, the EPA has determined that no significant environmental impacts are anticipated from the issuance of the NPDES permit and the proposed action does not constitute a major Federal action significantly affecting the quality of the human environment, making the preparation of an Environmental Impact Statement (EIS) unnecessary. Therefore, the EPA is issuing a preliminary finding of no significant impact (FONSI) to document this determination. The EPA did not find any mitigation is essential to render the impacts of the proposed action not significant. The NPDES permit conditions are likely to reduce the environmental impact of the Facility.
Public Comments
The public comment period will run through December 31, 2025, which is 30 days after the date of this notice. Any interested person may submit written comments on the preliminary finding of no significant impact (FONSI). Comments regarding this preliminary decision should be directed to Qian Zhang using the contact information in the "How to Comment" box above. If you are unable to adequately address comments via email, please reach out to Mr. Zhang by phone to discuss alternative arrangements. After evaluating any comments received, the EPA will make a final decision. The preliminary decision and finding will then become final after the 30-day comment period expires if no new significant information is provided to alter this finding.
Availability of Documents
The preliminary finding of no significant impact (FONSI) and the Environmental Assessment, including its appendices, are available for download below. For further information, please reach out to Mr. Zhang at the contact information above.
Related Documents
- Preliminary Finding of No Significant Impact Based on Environmental Assessment of the Maher Cattle Company NPDES Permit (pdf)
- Maher Cattle Environmental Assessment (pdf)
- Appendix A - NRCS National Conservation Practice Standard for Prescribed Grazing Code 528 (PDF)
- Appendix B - Administrative Compliance Order on Consent 05.07.2024_CWA_08-2024-0005 (pdf)
- Appendix C - Maher Inspection Report 07.14.2022 (pdf)
- Appendix D - Maher Sampling Inspection Report 06.27.2023 (pdf)
- Appendix E - EPA Response to Comments Received During Public Notice (pdf)