Public Notice Information
LWC
73977
Cinch, LLC
S 1/2, SW 1/4, NW 1/4, Section 21, Township 29N, Range 03E, Cedar County Nebraska
Laurel, Nebraska
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Revoking of Construction and Operating Permit
September 19, 2018
September 22, 2018


NOTICE OF INTENT TO REVOKE A CONSTRUCTION & OPERATING PERMIT

Nebraska Department of Environmental Quality
Water Permits Division
Lincoln, Nebraska

The Nebraska Department of Environmental Quality (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 and Operating Permit issued to the following concentrated animal feeding operation (CAFO).
The Public Comment period will run from September 19, 2018 through October 22, 2018.

Russell J. Vering
Cinch, LLC
87256 Highway 15
Laurel, NE 68745


This proposed revocation is based on a June 4, 2018 inspection conducted by Department representatives in accordance with the Nebraska Livestock Waste Management Act and Title 130, Livestock Waste Control Regulations. This inspection revealed that the owners of the CAFO described above are no longer feeding livestock, and the operation has been permanently and properly closed according to all Title 130 closure requirements. As a result, the Department deems the operation eligible for a revocation of permit coverage. If, in the future, an owner or operator would seek to resume feeding livestock at this location as a medium or large animal feeding operation, they must first request an inspection from the Department prior to starting construction or feeding any livestock.

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 Office, Suite 400, The Atrium, 1200 N Street, Lincoln, Nebraska, 68508-8922; Telephone (402) 471-2186; FAX: (402) 471-2909; or E-Mail: ndeq.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 and 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 Environmental Quality, PO Box 98922, Lincoln, Nebraska 68509-8922.
FACT SHEET

INTENT TO REVOKE CONSTRUCTION & OPERATING PERMIT


In accordance with Title 115, Rules of Practice and Procedure, the Nebraska Department of Environmental Quality (Department) intends to revoke a Construction and Operating Permit issued to the concentrated animal feeding operation (CAFO) listed below. The Department has determined that this CAFO 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
Cinch, LLC
Authorized Representative
Russell J. Vering
Address
City/State/Zip Code
87256 Highway 15
Laurel, NE 68745
Legal Description
S 1/2, SW 1/4, NW 1/4, Section 21, Township 29N, Range 03E, Cedar County
Type of Permit(s) and Issuance Date(s)
Construction and Operating Permit issued on January 12, 2007
Animal Capacity and Type
2,680 head of Swine ≥ 55 lbs. and 1,320 head of Swine < 55 lbs. in confinement.
Basis for Revocation
Feeding of livestock has ceased and all livestock waste control facilities have been properly cleaned and removed.
Regulatory Requirements for any Owner or Operator seeking to resume feeding as a large or medium Animal Feeding Operation at the location described above*
Any person owning or operating a large or medium animal feeding operation that does not have an NPDES permit, construction approval, operating permit or construction and operating permit and has not been notified that no permit is required shall submit an inspection request to the Department on a form provided by the Department. An inspection fee shall accompany the inspection request.

Any person who owns or operates an animal feeding operation shall not:

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;
Violate any provision of the Livestock Waste Management Act and regulations.
End of Public Comment Period
October 22, 2018
*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, Nebraska Department of Environmental Quality, Suite 400, The Atrium, 1200 N Street, Lincoln, Nebraska, 68508-8922; Telephone: (402) 471-3557; FAX: (402) 471-2909; or E-Mail: ndeq.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 Environmental Quality, PO Box 98922, Lincoln, Nebraska 68509-8922.