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Volume 41 - Issue 9 - March 3, 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-22-063/065

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Ford County Feed Yard, Inc.
Danny Herrmann
12466 US-400 Hwy.
Ford, KS 67482		 All of Section 29 &
SE/4 of Section 20 &
SW/4 of Section 28
T27S, R22W
Ford County		 Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C009
Federal Permit No. KS0115657
The proposed action is to modify and reissue an existing State/NPDES permit for a facility for 54,000 head (54,000 animal units) of cattle weighing greater than 700 pounds. This permit is being modified to provide a Fluids Movement Engineering Review which will be completed and submitted to KDHE. West of the current facility an unidentified pen area, not part of the current permit has been observed. Current utilization of this pen area will be evaluated. There is no change in the 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
Cottonwood Hog Farm
Anthony Unruh
7829 NW 96th St.
Hesston, KS 67062		 SE/4 of Section 24
T22S, R01W
Harvey County		 Little Arkansas River Basin
Kansas Permit No. A-LAHV-H002
Federal Permit No. KS0094331
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,200 head (1,680 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Seaboard Foods, LLC - Shore Nursery #108
420 E. Road 23
Johnson, KS 67855		 SW/4 of Section 21
T30S, R40W
Stanton County		 Cimarron River Basin
Kansas Permit No. A-CIST-S001
The proposed action is to reissue an existing state permit for an existing facility for 8,880 head (888 animal units) of swine 55 pounds or less. 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-22-003

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

Name and Address
of Registrant		 Legal Description County
LB Land, LLC
Lawson Wideman
804 CR 11
Minneola, KS 67865		 NW/4 of Section 10
T31S, R24W		 Clark

Public Notice No. KS-Q-22-014

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
APAC - Kansas
PO Box 23910
Overland Park, KS 66283		 Kansas River via
Mill Creek via
Hayes Creek		 Process Wastewater
Kansas Permit No. I-KS27-PO27
Federal Permit No. KS0086932
Legal Description: W½, S1, T12S, R23E, Johnson County, Kansas
Facility Name: Shawnee Pit #1
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is engaged in a limestone quarry operation with no rock washing. Outfalls 001A and 002A consists of only pit drainage and storm-water runoff from the active quarry area and haul roads. Wastewater from the other outfalls on-site are all regulated either by the Bureau of Waste Management (Permit #263) or by a general, industrial stormwater permit (G-KS68-OO02). 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 April 2, 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-22-063/065, KS-AG-R-22-003, KS-Q-22-014) 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 Mirina Landry 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.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. 049876

Secretary of State Seal