Volume 41 - Issue 2 - January 13, 2022

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-22-015/022

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Kenner L. Swenson 1792 E. Rosehill Rd. Assaria, KS 67416	N/2 of Section 31 T16S, R02W Saline County	Smoky Hill River Basin
Kansas Permit No. A-SHSA-B007
The proposed action is to reissue an existing state permit for an existing facility for 250 head (250 animal units) of cattle weighing more than 700 pounds, and 500 head (250 animal units) of cattle weighing 700 pounds or less, for a total of 750 head (500 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
Scheid Farms Robert Scheid 1339 W. 205th Scranton, KS 66537	NE/4 of Section 02 T16S, R15E Osage County	Marais des Cygnes River Basin
Kansas Permit No. A-MCOS-B006
The proposed action is to reissue an existing state permit for an existing facility for 50 head (20 animal units) of swine more than 55 pounds, 150 head (15 animal units) of swine 55 pounds or less, 135 head (135 animal units) of cattle more than 700 pounds, and 200 head (100 animal units) of cattle 700 pounds or less, for a total of 270 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
Skyview Farm & Creamery R. William Noffke 22722 E. 800 Rd. Pleasanton, KS 66075	SE/4 of Section 08 T22S, R25E Linn County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-M008
The proposed action is to reissue an existing state permit for an existing facility for 30 head (42 animal units) of mature dairy cattle, 5 head (2.5 animal units) of cattle weighing less than 700 pounds, 8 head (3.2 animal units) of swine weighing more than 55 pounds, and 8 head (0.8 animal units) of swine weighing 55 pounds or less for a total of 48.5 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
Hurd Family Farm Ronald Lee Hurd 2489 Ferguson Rd. Perry, KS 66073	SE/4 of Section 15 T11S, R18E Jefferson County	Kansas River Basin
Kansas Permit No. A-KSJF-B002
The proposed action is to reissue an existing state permit for an existing facility for 55 head (55 animal units) of cattle more than 700 pounds and 110 head (55 animal units) of cattle 700 pounds or less, for a total of 165 head (110 animal units) of cattle. Facility is currently unpopulated. 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
James Fenton Farm James Fenton 1123 Quivira Rd. Greenleaf, KS 66943	SE/4 of Section 02 T04S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S031
The proposed action is to reissue an existing state permit for an existing facility for 430 head (172 animal units) of swine more than 55 pounds and 200 head (20 animal units) of swine 55 pounds or less, for a total of 630 head (192 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
WBC Investments, LLC Richard Cott 239 Madison Rd. Palmer, KS 66962	SE/4 of Section 19 T05S, R03E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-S024
The proposed action is to reissue an existing state permit for an existing facility for 1,600 head (640 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
David Ranch and Feedlot John David PO Box 305 Lenora, KS 67645	NE/4 of Section 19 T05S, R23W Norton County	Solomon River Basin
Kansas Permit No. A-SONT-C001 Federal Permit No. KS0096911
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,000 head (3,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for six fields. The fields’ application rate limitations have 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
Wilroads Feedyard, LLC – Yard 2 Travis McGuire 11449 Lariat Way Dodge City, KS 67801	W/2 of Section 07 T27S, R24W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C016 Federal Permit No. KS0094340
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 2,000 head (2,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitation for their fields. The application rate limitations for two fields have 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.

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 February 12, 2022 will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-015/022) 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 Paige Drury, 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 at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-6432 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.kdhe.ks.gov/436/Livestock-Management. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Acting Secretary

Doc. No. 049708