Amsberry Farms

NOTICE OF INTENT TO REISSUE COVERAGE UNDER NPDES GENERAL PERMIT FOR CAFOS – NEG022000 

Nebraska Department of Water, Energy, and Environment

Livestock & Agriculture Section

Lincoln, Nebraska

The Nebraska Department of Water, Energy, and Environment (Department) is issuing notice to provide an opportunity for any interested person to submit written comments, objections and/or hearing requests concerning the renewal of coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Concentrated Animal Feeding Operations (CAFOs) to the following CAFO. The opportunity to comment applies only to the CAFO listed below and not to the General Permit which has already been issued.

The Public Comment Period will run from September 30^th, 2026 through October 30^th, 2026.

Application Number

NEG022001

DWEE ID: 72422

Name of Applicant

Gary Amsberry

Name of Operation

Amsberry Farms

Authorized Representative 

Gary Amsberry

Address

City/State/Zip Code

PO Box 402
Ansley, NE 68814

Legal Description

NW 1/4 & N 1/2, SW 1/4, Section 21, Township 15N, Range 18W, Custer County

Animal Capacity and Type

5,000 head of Feeder Cattle on 50 acres of total drainage.

Type of Livestock Waste Control Facility

One (1) Holding Pond, Three (3) Debris Basins, One (1) Lift Station, One (1) Dry Dam, and One (1) Clean Water Diversion.

Discharge Limits

The holding pond must be designed, constructed, operated, and maintained to control the manure, litter and process wastewater generated during the storage period plus the runoff produced by a 25-year, 24-hour storm event (4.5 inches). 

The storage period capacity for the open lots must be no less than the greater of the expected average runoff from the month of June or the maximum runoff expected between land application or disposal events.

Land Application Practices

The proposal is to land apply effluent through a portable pump and power unit that connects to a center pivot system or volume gun.  Solid waste will be land applied by manure spreader or transferred to local area farmers.  Land application agreements with neighboring landowners have been signed.

Land Application Sites

End of Public Comment Period

October 30^th, 2026

This renewed coverage under the NPDES General Permit would be for a period of five years and would restrict pollutant discharges to comply with the requirements of Department regulations.  The application includes a detailed nutrient management plan from which permit terms have been identified. 

The application for General Permit coverage, nutrient management plan 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 Telephone (402) 471-2186; FAX: (402) 471-2909; or E-Mail: dwee.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 on granting a renewal of coverage under the NPDES 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 must be submitted in writing to:  Livestock & Agriculture Section, Nebraska Department of Water, Energy, and Environment, 245 Fallbrook Blvd, Ste 100, Lincoln, Nebraska 68521.

The Nebraska Department of Water, Energy, and Environment (DWEE) does not discriminate on the basis of race, color, national origin, disability, age, or sex in administration of its programs or activities, and DWEE 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.