Public Notice: Sebade Land and Cattle LLC Concentrated Animal Feeding Operation, Emerson, Nebraska (Within Exterior Boundaries of Winnebago Tribe of Nebraska Reservation)

Summary

Proposed Wastewater (NPDES) Permit No. NE0135712

This public notice is issued by the U.S. Environmental Protection Agency, Region 7 (EPA). EPA is seeking comments on a proposed NPDES permit, under Section 402 of the Clean Water Act (CWA), for the Sebade Land and Cattle LLC Concentrated Animal Feeding Operation (CAFO) located in the Village of Emerson, within the exterior boundaries of the Winnebago Tribe of Nebraska Reservation.

EPA is seeking written comments regarding this proposed action until May 24, 2025. The address for written comments or to request a public hearing is provided 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 conditions. Sebade Land and Cattle LLC is a CAFO consisting of an open lot that covers 75.2 acres. The facility has a maximum capacity of 8,500 head of beef cattle, weighing an average of 850 pounds. Runoff is directed to three holding ponds and nine settling basins. The north holding pond has a total capacity of approximately 24.4-acre feet and four contributing settling basins (#1, #2, #3, and #5). The south holding pond has a total capacity of approximately 30.1-acre feet and two contributing settling basins (#4 and #6). The east holding pond (#3) has a total capacity of approximately 29.8-acre feet and three contributing settling basins (#3a, #3b, and #3c). Manure scraped from pens, sediment removed from the basins and the contents of the holding ponds are to be stockpiled or applied to the land application areas, in accordance with the CAFO’s Nutrient Management Plan (NMP). Sebade Land and Cattle LLC has 1,642 acres available for manure application but may also transfer manure to other recipients in any given year.

PROPOSED NPDES PERMIT RENEWAL: The proposed permit renewal will reauthorize existing operations at the facility and land application fields. Conditional discharge from the production area of the facility to the unnamed tributary to Middle Creek is allowed only during excessive rainstorm events, as described in the draft NPDES Permit. The proposed permit includes technology-based limits and standards. Additional information regarding this proposed permit modification is contained in the Administrative Record, which includes the permit application, proposed permit, Statement of Basis for the proposed permit, and other pertinent information upon which the proposed permit modification is based.

CERTIFICATION OF COMPLIANCE WITH CWA SECTION 401: The Winnebago Tribe of Nebraska, which is a Treatment as a State Tribe, has issued the CWA Section 401(a)(1) Certification for the Sebade Land and Cattle LLC CAFO NPDES Permit, pursuant to CWA Section 401, 33 U.S.C. Section 1341. The Certification indicates that the discharge authorized by this proposed permit will comply with the requirements of the applicable Water Quality Standards and tribal laws.

ADMINISTRATIVE RECORD AVAILABILITY: The Administrative Record (AR) for the proposed NPDES permit is available for review. See the links to the three AR documents below. Copies of these documents are also available for review by contacting the Winnebago Tribe Environmental Program Office, 1 Mission Road, Winnebago, NE 68071 (contact: Anna Berridge, anna.berridge@winnebagotribe.com, 402-878-4060); or by contacting the Thurston County, Nebraska, Clerk’s Office, 106 5th Street, Pender, NE 68047 (contact: Administrative Assistant Steven Schneider, clerk@thurstoncountyne.gov, 402-385-2343). In addition, copies of these documents are available to the public upon request by contacting Alex Owutaka, EPA Region 7, at 913-551-7584, toll-free at 1-800-223-0425, or at owutaka.alex@epa.gov.

HOW TO PROVIDE COMMENTS: Interested persons may submit written comments regarding this proposed EPA action or submit a written request for a public hearing on the proposed permit. Any request for a public hearing must identify the issues that the requester proposes to raise at the hearing. EPA’s rules and procedures governing the issuance of NPDES permits, including public notices, public commenting, and the public hearing process, are found at 40 Code of Federal Regulations (CFR) Parts 25 and 124. All written comments and any requests for a public hearing must be submitted by May 24, 2025, to: Tanya Nix, Supervisor, Permits and Wetlands Branch, Water Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219; or by email to: nix.tanya@epa.gov.

• Draft Sebade Land and Cattle LLC Permit (pdf) (244.22 KB)
• Statement of Basis for Draft Sebade Land and Cattle LLC Permit (pdf) (121.37 KB)
• Clean Water Act Section 401 Certification for Sebade Land and Cattle LLC (pdf) (333.92 KB)

Applicants or Respondents