Volume 41 - Issue 8 - February 24, 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-22-055/062

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Harold R. Burnett Trust PO Box 433 Scott City, KS 67871	N/2 of Section 17 T18S, R32W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C013 Federal Permit No. KS0119474
The proposed action is to modify and reissue an existing NPDES permit for an expanding facility for 4,000 head (4,000 animal units) of cattle weighing greater than 700 pounds. This permit is being modified to reflect the addition of a waste storage pond as well as the construction of two diversions and their corresponding berms. There is no change in the permitted number of animal units from the previous permit.
Name and Address of Applicant	Legal Description	Receiving Water
Arndt and Jones Feedyard, LLC Steven Arndt 2401 N. Union Rd. Scott City, KS 67871	SE/4 of Section 30 T18S, R31W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C025 Federal Permit No. KS0094153
The proposed action is to modify the current State/NPDES permit for an existing facility. Modifications to the permit will be to revise the facility description to include the constructions of diversion berms to control drainage from the south sick pens and feed storage area, and a new earthen channel to connect the existing West and East wastewater retention control structures. There are no other changes to the permit. Only the portions of the permit being modified are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Willis West Thomas L. and Joyce E. Lockwood 1504 150th St. Hiawatha, KS 66434	SW/4 of Section 04 T04S, R17E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-S036
The proposed action is to reissue an existing state permit for an existing facility for 2,489 head (995.6 animal units) of swine more than 55 pounds and 2 head (4 animal units) of horses, for a total of 999.6 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
Cudney Farms Monty Cudney 9464 SW 10th St. Columbus, KS 66725	NE/4 of Section 35 T34S, R23E Cherokee County	Neosho River Basin
Kansas Permit No. A-NECK-F013
The proposed action is to reissue an existing state permit for an existing facility for 50,000 head (900 animal units) of turkeys. 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
Russell Livestock, LLC Greg Carey 720 S. Fossil Russell, KS 67665	SE/4 of Section 34 T13S, R14W Russell County	Smoky Hill River Basin
Kansas Permit No. A-SHRS-B003
The proposed action is to reissue an existing state permit for an existing facility for 125.3 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
Wiebe Farms, Inc. - Homeplace Gordon Wiebe 12627 NW Prairie Creek Rd. Whitewater, KS 67154	NE/4 of Section 32 T23S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-S037
The proposed action is to reissue an existing state permit for an existing facility for 1,920 head (768 animal units) of swine 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
Roger Filbrun 25546 NW Chase Rd. Westphalia, KS 66093	NW/4 of Section 31 T20S, R18E Anderson County	Marais des Cygnes River Basin
Kansas Permit No. A-MCAN-B002
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 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.
Name and Address of Applicant	Legal Description	Receiving Water
Rhodes Farms Chris Rhodes 7621 Wellman Rd. McLouth, KS 66054	NE/4 of Section 14 T10S, R19E Jefferson County	Kansas River Basin
Kansas Permit No. A-KSJF-B006
The proposed action is to reissue an existing state permit for an existing facility for 50 head (50 animal units) of cattle weighing more than 700 pounds and 200 head (100 animal units) of cattle weighing less than 700 pounds, for a total of 150 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.

Public Notice No. KS-Q-22-013

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
Kansas Turnpike Authority 3939 SW Topeka Blvd. Topeka, KS 66609	Kansas River via Stranger Creek via Nine Mile Creek via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. C-KS31-OO02 Federal Permit No. KS0053694
Legal Description: NE¼, NE¼, SE¼, S12, T12S, R20E, Leavenworth County, Kansas
Facility Name: KTA – Lawrence Service Area
Facility Location: I-70 at Milepost 209
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a four-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, and E. coli, as well as monitoring for pH.

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 March 26, 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-22-055/062, KS-Q-22-013) 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/livestock. 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. 049860