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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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