Existing animal feeding operations may receive a new or modified National Pollutant Discharge Elimination System permit, a new or modified construction and operating permit, a modified operating permit, or a modified construction approval if:
005.01 The existing animal feeding operation does not currently have a NPDES permit or a construction and operating permit, and, upon inspection by the Department, a determination is made that one is necessary;005.02 The existing animal feeding operation modifies its operation, but does not expand its approved livestock waste control facility;005.03 The existing animal feeding operation livestock waste control facility is located more than two miles from a designated cold water class A stream segment delineated pursuant to Neb. Rev. Stat. § 54-2421 and in the same cold water class A stream watershed as the animal feeding operation; or005.04 The existing animal feeding operation or livestock waste control facility is located less than two miles, but more than one mile, from a cold water Class A stream delineated pursuant to Neb. Rev. Stat § 54-2421, and the Department determines, based on scientific information provided in the application or other available scientific information that the proposed expansion does not pose a potential threat to the stream.130 Neb. Admin. Code, ch. 9, § 005