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Publications iconKansas Register

Volume 41 - Issue 30 - July 28, 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-22-175

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

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Mark Sperfslage
Sperfslage Farms
1672 Q Rd.
Seneca, KS 66538
Mark Sperfslage
Sperfslage Farms
1672 Q Rd.
Seneca, KS 66538
Legal Description Receiving Water
NW/4 of Section 14
T03S, R13E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-M002
This is notification KDHE has received a complete permit application for the expansion of a swine waste management facility capable of 210 head (294 animal units) of mature dairy cattle, 28 head (28 animal units) of cattle weighing greater than 700 pounds, 37 head (18.5 animal units) of cattle weighing 700 pounds or less, 583 head (234 animal units) of swine weighing greater than 55 pounds, and 151 head (15.1 animal units) of swine weighing 55 pounds or less for a total of 598.6 animal units. The complete application can be viewed at the office of the Nemaha County Clerk, the KDHE Northeast District Office in Lawrence, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-176

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 – Leoti Bergkamp
Northwest corner of the intersection of CR 7 and CR Y
Leoti, KS 67861
Seaboard Foods, LLC
2801 Hurliman Rd.
Guymon, OK 73942
Legal Description Receiving Water
SW/4 of Section 31
T19S, R37W &
SE/4 of Section 36
T19S, R38W &
NW/4, SW/4 and SE/4 of Section 35
T19S, R38W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H003
Federal Permit No. KS0095401
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 86,400 head (34,560 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Wichita County Clerk, the KDHE District Office in Ulysses, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public.

Public Notice No. KS-AG-22-177

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 – Leoti Roberts 1
Intersection of Road 2 and Road DD
Leoti, KS 67861
Seaboard Foods, LLC
2801 Hurliman Rd.
Guymon, OK 73942
Legal Description Receiving Water
NE/4 of Section 31
T20S, R38W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H001
Federal Permit No. KS0094951
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 43,200 head (17,280 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Wichita County Clerk, the KDHE Southwest District Office in Ulysses, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-178

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 – Leoti Meyers
Intersection of Road 8 and Road CC
Leoti, KS 67861
Seaboard Foods, LLC
2801 Hurliman Rd.
Guymon, OK 73942
Legal Description Receiving Water
NW/4 of Section 29
T20S, R37W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H007
Federal Permit No. KS0095095
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 32,400 head (12,960 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Wichita County Clerk, the KDHE District Office in Ulysses, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-179

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 – Leoti Holland
Intersection of Road 1 and Road 5
Leoti, KS 67861
Seaboard Foods, LLC
2801 Hurliman Rd.
Guymon, OK 73942
Legal Description Receiving Water
SE/4 of Section 34
T20S, R38W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H006
Federal Permit No. KS0095796
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 43,200 head (17,280 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Wichita County Clerk, the KDHE South West District Office in Ulysses, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-180

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

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Dale Keesecker
Keesecker AgriBusiness, Inc. - South Soller Site
2069 Prairie Rd.
Washington, KS 66968
3MK Pork, LLC
2069 Prairie Rd.
Washington, KS 66968
Legal Description Receiving Water
NW/4 of Section 20
T02S, R03E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S066
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 2,496 head (998 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Washington County Clerk, the KDHE North Central District Office in Salina, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-181

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
FBN Enterprises
302 N. York
Oberlin, KS 67749
NW/4 of Section 36 &
NE/4 of Section 35
T02S, R28W
Decatur County
Upper Republican River Basin
Kansas Permit No. A-URDC-H003
Federal Permit No. KS0098469
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,300 head (2,520 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include changes in the application rate limitations 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.

Public Notice No. KS-Q-22-062

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
Augusta, City of
PO Box 489
Augusta, KS 67010
Walnut River Treated Domestic Wastewater
Kansas Permit No. M-WA03-OO02
Federal Permit No. KS0094561
Legal Description: NE¼, NE¼, NW¼, S34, T27S, R4E, Butler County, Kansas
Facility Location: 101 SW US-77 Hwy., Augusta, KS 67010
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility consists of a pump station, extraneous flow basin, aeration basin with anoxic (selector) basin, two final clarifiers, sludge storage, sludge dewatering, UV disinfection of effluent, and reaeration of effluent. The proposed permit contains a schedule of compliance which includes several steps to help the facility meet final limits for total maximum daily load for total phosphorus. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, and whole effluent toxicity, as well as monitoring for total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, total phosphorus, sulfates, priority pollutants, and flow.

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 August 27, 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-22-175/181, KS-Q-22-062) 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 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. 050373