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Volume 40 - Issue 38 - September 23, 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-21-290/299

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Elmer Kolle & Sons
Royce Kolle and Jim Kolle
1641 10th Rd.
Linn, KS 66953		 SW/4 of Section 10
T04S, R03E
Washington County		 Big Blue River Basin
Kansas Permit No. A-BBWS-B016
The proposed action is to reissue an existing state permit for an existing facility for 100 head (100 animal units) of cattle more than 700 pounds and 300 head (150 animal units) of cattle 700 pounds or less, for a total of 400 head (250 animal units) of cattle. 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
Meier Dairy of Palmer, Inc.
Duane Meier
1571 3rd Rd.
Palmer, KS 66962		 S/2 of Section 16
T05S, R03E
Washington County		 Big Blue River Basin
Kansas Permit No. A-BBWS-D001
Federal Permit No. KS0092681
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 230 head (115 animal units) of cattle weighing less than 700 pounds and 840 head (1176 animal units) of mature dairy cattle; for a total of 1,291 animal units of cattle. The facility’s NMP was updated to include changes that effect the land application section of the permit. Only the updated portion of the permit 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
Herl Bros Feedlot
Bill and Pat Herl
6637 N. Road 60 W
Hoxie, KS 67740		 NE/4 of Section 16
T07S, R29W
Sheridan County		 Solomon River Basin
Kansas Permit No. A-SOSD-B011
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Talkington Farm
Phyllis Talkington
423 R Rd.
Matfield, KS 66862		 S/2 of Section 17
T22S, R08E
Chase County		 Neosho River Basin
Kansas Permit No. A-NECS-S009
The proposed action is to reissue an existing state permit for an existing facility for 1,500 head (600 animal units) of swine weighing more than 55 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
CSA Cattle Co., LLC
Craig Sheppard
114 E. CR J
Leoti, KS 67861		 S/2 of Section 13
T17S, R37W
Wichita County		 Smoky Hill River Basin
Kansas Permit No. A-SHWH-C007
Federal Permit No. KS0094889
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,995 head (4,995 animal units) of cattle weighing 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Circle 4 Feeders, Inc.
2095 #10 Rd.
Courtland, KS 66939		 SW/4 of Section 17
T01S, R05W
Republic County		 Lower Republican River Basin
Kansas Permit No. A-LRRP-C002
Federal Permit No. KS0097696
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (3,000 animal units) of cattle weighing 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Hammerschmidt Farms, LLC
Allen Hammerschmidt
3003 Spring Hill Rd.
Victoria, KS 67671		 NW/4 of Section 13
T14S, R16W
Ellis County		 Smoky Hill River Basin
Kansas Permit No. A-SHEL-B010
The proposed action is to reissue an existing state permit for an existing facility for 300 head (300 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
Quaney Farms, Inc.
9405 W. 157th St.
Burlingame, KS 66413		 NW/4 of Section 6
T15S, R14E
Osage County		 Marais des Cygnes River Basin
Kansas Permit No. A-MCOS-B005
The proposed action is to reissue an existing state permit for an existing facility for 140 head (140 animal units) of cattle more than 700 pounds, and 300 head (150 animal units) of cattle less than 700 pounds, for a total of 290 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
Higbie Hog Farm
Ryan Higbie
2010 Colorado Rd.
Pomona, KS 66076		 NE/4 of Section 31
T17S, R18E
Franklin County		 Marais des Cygnes River Basin
Kansas Permit No. A-MCFR-S018
The proposed action is to reissue an existing state permit for an existing facility for 570 head (228 animal units) of swine more than 55 pounds and 420 head (42 animal units) of swine 55 pounds or less, for a total of 990 head (270 animal units) of swine. 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
Wiseman Farms
Earl Wiseman
19414 W. K-18 Hwy.
Luray, KS 67649		 NW/4 of Section 8
T11S, R12W
Russell County		 Saline River Basin
Kansas Permit No. A-SARS-B001
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 animal units) of cattle weighing 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.

Public Notice No. KS-AG-R-21-023

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:

Name and Address
of Registrant		 Legal Description County
Douglas M. Dolechek
322 N. Maple St.
Hoisington, KS 67544		 SW/4 of Section 27
T16S, R14W		 Barton

Public Notice No. KS-Q-21-087

The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-g), and Federal Surface Water Criteria.

Name and Address
of Applicant		 Receiving Stream Type of Discharge
Bayer Construction Company, Inc.
PO Box 889
Manhattan, KS 66505		 Lower Republican River
via Milford Lake via
Mall Creek		 Process Wastewater
Kansas Permit No. I-LR24-PO03
Federal Permit No. KS0098043
Legal Description: NW¼ and SW¼ of S4 and SE¼ of S8, T9S, R4E and SE¼ of S32, T8S, R4E, Clay County, Kansas
Facility Name: Martin Quarry
The proposed action is a modification of an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with no rock washing. Outfall 001A1, 002A1, and 004A1 consists of pit dewatering and stormwater runoff. Outfall 003A1 is considered inactive, since the southern portion of the quarry was reclaimed. The proposed permit contains generic language to protect the waters of the state.

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 October 23, 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-21-290/299, KS-AG-R-21-023, KS-Q-21-087) 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. 049456

Secretary of State Seal