Volume 40 - Issue 41 - October 14, 2021

State of Kansas

Department of Health and Environment

Notice Concerning Kansas/Federal Water
Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations 28-16-57a through 63, 28-18-1 through 17, 28-18a-1 through 31 and 33, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below.

The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations, and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation, and reissuance of the designated permit or termination of the designated permit.

Public Notice No. KS-AG-21-308

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Douglas Claassen 12247 NW 130th St. Whitewater, KS 67154	Henry Creek Farms, Inc. 10636 NW 110th St. Whitewater, KS 67154
Legal Description	Receiving Water
SW/4 of Section 6 T24S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-H001 Federal Permit No. KS0089451
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 2,918 head (291.8 animal units) of swine weighing less than 55 pounds each, housing 3,480 head (1,392.0 animal units) of swine weighing more than 55 pounds each, and 500 head (250 animal units) of cattle weighing less than 700 pounds for a total of 1,933.8 animal units. No change in the total permitted animal units are proposed. The complete application can be viewed at the office of the Butler County Clerk, the KDHE South Central District Office in Wichita, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-21-309/314

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Gary D. Bartcher 357 Y Rd. Esbon, KS 66941	SW/4 of Section 28 T01S, R10W Jewell County	Lower Republican River Basin
Kansas Permit No. A-LRJW-B004
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 animal units) of cattle more than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved waste management plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Yates Farm Frank Yates 1202 S. Eisenhower Ave. Ottawa, KS 66067	SE/4 of Section 3 T17S, R19E Franklin County	Marais des Cygnes River Basin
Kansas Permit No. A-MCFR-M005
The proposed action is to reissue an existing state permit for an existing facility for 66 head (92.4 animal units) of mature dairy cattle and 40 head (20 animal units) of cattle weighing less than 700 pounds, for a total of 112.4 animal units. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved waste management plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Moore Feeders Douglas L. Moore 759 Homestead Rd. Gridley, KS 66852	NW/4 of Section 13 T22S, R14E Coffey County	Neosho River Basin
Kansas Permit No. A-NECF-B002
The proposed action is to reissue an existing state permit for an existing facility for 550 head (550 animal units) of cattle weighing greater than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved waste management plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Camp Creek Feedlot Dr. Bill Pannbacker 1655 Prairie Rd. Washington, KS 66968	SE/4 of Section 10 T03S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-B011
The proposed action is to reissue an existing state permit for an existing facility for 950 head (950 animal units) of cattle weighing greater than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved waste management plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Dale Springer – Main Farm 5816 CR 3300 Independence, KS 67301	N/2 of Section 23 T31S, R15E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-H009 Federal Permit No. KS0085448
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,070 head (2,428 animal units) of swine weighing greater than 55 pounds; and 3,252 head (325.2 animal units) of swine weighing 55 pounds or less; for a total of 2,753.2 animal units of swine. The facility’s NMP was updated to include a changes in the application rate limitations. The application rate limitation for one field has become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the nutrient management plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Chuck Springer – Box Facility 6264 CR 1950 Elk City, KS 67344	SW/4 of Section 4 T31S, R14E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-H010 Federal Permit No. KS0095346
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,660 head (2,264 animal units) of swine weighing greater than 55 pounds and 4,220 head (422 animal units) of swine weighing 55 pounds or less; for a total of 2,686 animal units of swine. The facility’s NMP was updated to include changes in the application rate limitations. The application rate limitation for one field became less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved nutrient management plan on file with KDHE.

Persons wishing to comment on or object to the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment (KDHE) if they wish to have the comments or objections considered in the decision-making process. All written comments regarding the draft documents, application or registration notices received on or before November 13, 2021, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-308/314) and name of the applicant/permittee when preparing comments.

All comments received will be responded to at the time the Secretary of Health and Environment issues a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). A request for public hearing must be submitted in writing and shall state the nature of the issues proposed to be raised during the hearing.

Comments or objections for agricultural related draft documents, permit applications, registrations or actions should be submitted to the attention of Stuart Klaus, Livestock Waste Management Section at the KDHE, Bureau of Environmental Field Services (BEFS), 1000 SW Jackson, Suite 430, Topeka, KS 66612. Comments or objections for all other proposed permits or actions should be sent to Michael Beezhold at the KDHE, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612.

All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the KDHE. For agricultural related draft documents or applications an appointment can be scheduled, or copies requested by contacting Rachel Hammond, BEFS, Livestock Waste Management Section at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Christopher Zwiener, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-3056 or email at Christopher.Zwiener@ks.gov. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Lee A. Norman, M.D.
Secretary

Doc. No. 049501