Volume 41 - Issue 19 - May 12, 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-22-116

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

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Seaboard Foods, LLC 2801 Hurliman Rd. Guymon, OK 73942	Seaboard Foods, LLC 2801 Hurliman Rd. Guymon, OK 73942
Legal Description	Receiving Water
E/2 of Section 12, NE/4 of Section 13 T16S, R40W and W/2 of Section 07, N/2 & SW/4 of Section 18, SE/4 of Section 19, NE/4 & S/2 of Section 20, SW/4 of Section 21, N/2 of Section 29 T16S, R39W Greeley County	Smoky Hill River Basin
Kansas Permit No. A-SHGL-H001 Federal Permit No. KS0100315
This is notification KDHE has received a complete permit application for modifications to the operation of a swine waste management facility capable of housing 198,000 head (79,200 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Greeley County Clerk, the KDHE Southwest District Office in Dodge City, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed modified swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-21-117/122

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Seaboard Foods, LLC - Ladder Creek East Site Road D and Road 20 Tribune, KS 67879	E/2 of Section 12, NE/4 of Section 13 T16S, R40W and W/2 of Section 07, N/2 & SW/4 of Section 18, SE/4 of Section 19, NE/4 & S/2 of Section 20, SW/4 of Section 21, N/2 of Section 29 T16S, R39W Greeley County	Smoky Hill River Basin
Kansas Permit No. A-SHGL-H001 Federal Permit No. KS0100315
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 198,000 head (79,200 animal units) of swine weighing more than 55 pounds. This represents a decrease in the permitted animal units from the previous permit. This permit is also being modified to reflect proposed changes to the existing waste management system. The proposed modifications are to modify eight (8) existing earthen wastewater retention structures to be utilized as covered anaerobic methane digesters to capture biogas for beneficial use, construct six (6) new earthen wastewater retention structures and use six (6) existing earthen wastewater retention structures. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Mazanec Cattle Company, LLC Cole Mazanec 1655 CR 15 Colby, KS 67701	NW/4 of Section 16 & NE/4 of Section 17 T08S, R34W Thomas County	Upper Republican River Basin
Kansas Permit No. A-URTH-C004 Federal Permit No. KS0092461
The proposed action is to modify and reissue the existing NPDES permit for a facility with a maximum capacity of 4,850 head (4,850 animal units) of cattle weighing more than 700 pounds and 2,000 head (1,000 animal units) of cattle weighing less than 700 pounds for a total of 5,850 animal units. There is no change in the permitted number of animal units from the previous permit. This permit is also being modified to add approximately 6.2 acres of open lot pens that will drain to WSP 3 and increase the wastewater storage of WSP 3. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Fairleigh Feed Yard 7400 S. Falcon Rd. Scott City, KS 67871	All of Section 25 T19S, R34W and All of Section 30 T19S, R33W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C001 Federal Permit No. KS0038059
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 100,000 head (100,000 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to increase the size of Area E and add an additional retention structure inter-connected to RS E Cell 1 (RS E Cell 2). The modified RS E Cell 1 and RS E Cell 2 will together contain runoff from expanding Area E. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Prairie Wind Heifer Development, LLC TJ McClure PO Box 98 Johnson, KS 67855	E/2 of Section 01 T28S, R41W and W/2 of Section 06 T28S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-C008 Federal Permit No. KS0097390
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 14,000 head (14,000 animal units) of cattle weighing greater than 700 pounds, and 5 head (10 animal units) of horses, for a total of 14,010 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add additional pens, sediment basin, and retention control structure to the south side of the facility.
Name and Address of Applicant	Legal Description	Receiving Water
Mull Land and Cattle Feedlot, Inc. 23495 49th Ave. Haviland, KS 67059	S/2 & NW/4 of Section 19 T25S, R17W Edwards County	Lower Arkansas River Basin
Kansas Permit No. A-ARED-C004 Federal Permit No. KS0097403
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
Hilltop Hog & Grain 2526 E Rd. Baileyville, KS 66404	SE/4 of Section 34 & SW/4 of Section 35 T01S, R11E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S013
The proposed action is to reissue an existing state permit for an existing facility for 1,400 head (560 animal units) of swine more than 55 pounds, 1,160 head (116 animal units) of swine 55 pounds or less, and 150 head (150 animal units) of cattle more than 700 pounds, for a total of 826 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-AG-R-22-008

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

Name and Address of Registrant	Legal Description	County
Austin Stallbaumer 1549 F Rd. Centralia, KS 66415	NE/4 of SE/4 of Section 23 T03S, R11E	Nemaha

Public Notice No. KS-Q-22-044/046

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 Kill Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-KS20-PO01 Federal Permit No. KS0098957
Legal Description: SW¼, S13, T14S, R22E, Johnson County, Kansas
Facility Name: Gardner Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation, with no rock washing. A majority of the site has been reclaimed and the quarry is inactive most of the time. However, rock will be quarried on demand. Outfalls 001A and 002A consist of stormwater runoff from the exposed quarry area, after the stormwater has been treated by an onsite pond. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Harshman Construction, LLC 1632 F P Rd. Cedar Point, KS 66843	Verdigris River via Fall River via Otter Creek via Tadpole Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE08-PO02 Federal Permit No. KS0098892
Legal Description: NW¼, SW¼, S3, T27S, R10E, Greenwood County, Kansas
Facility Name: Braden Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with no washing. Outfall 001A consists of stormwater runoff and pit water that may leave the site after a heavy rain. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mid-States Materials, LLC PO Box 236 Topeka, KS 66601	Verdigris River via Caney Creek via Shrader Branch Creek	Process Wastewater
Kansas Permit No. I-VE19-PO01 Federal Permit No. KS0101168
Legal Description: NW¼, S10, T31S, R8E, Elk County, Kansas
Facility Name: Grand Summit Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with some rock washing. A portable asphalt plant is on-site but does not have a discharge, except for stormwater runoff. Outfall 001A consists of treated wash-water, stormwater, and some stockpile runoff, which is treated by Settling Pond (SP01). Outfall 002A consists of stormwater runoff from the asphalt plant, which is treated by Settling Pond (SP02).

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 June 11, 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-22-116/122, KS-AG-R-22-008, KS-Q-22-044/046) 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
Secretary

Doc. No. 050120