Volume 41 - Issue 35 - September 1, 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-22-215/219

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Keesecker AgriBusiness, Inc. -South Soller Site Dale Keesecker 21st Rd. Washington, KS 66968	NW/4 of Section 20 T02S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S066
The proposed action is to issue a new state permit for a facility for 2,496 head (998 animal units) of swine weighing greater than 55 pounds. The facility will consist of two (2) enclosed buildings and a waste management system consisting of one (1) concrete storage tank.
Name and Address of Applicant	Legal Description	Receiving Water
Diepenbrock Farms, Inc. Gary Diepenbrock 2953 Vista Rd. Lincolnville, KS 66858	N/2 of Section 10 T18S, R04E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-C002 Federal Permit No. KS0090085
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 8,000 head (8,000 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add one new retention control structure and freshwater diversion structures.
Name and Address of Applicant	Legal Description	Receiving Water
High Plains Ponderosa Dairy, LLC 2042 Road V Plains, KS 67869	All of Section 18 T33S, R30W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-D001 Federal Permit No. KS0096474
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 20,000 head (28,000 animal units) of mature dairy cattle, 30,000 head (30,000 animal units) of cattle weighing more than 700 pounds and 14,000 head (7,000 animal units) of cattle weighing less than 700 pounds for a total of 65,000 animal units of cattle. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add open lot pens, feed roads, collection channels, a mortality composting area, a sediment basin, and a waste retention control structure.
Name and Address of Applicant	Legal Description	Receiving Water
CB Feeders CB Farms Family Partnership 30142 NE 100th Ave. Preston, KS 67583	SW/4 of Section 10 & E/2 of Section 16 & NW/4 of Section 15 T27S, R11W Pratt County	Lower Arkansas River Basin
Kansas Permit No. A-ARPR-C004 Federal Permit No. KS0097888
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 3,350 head (3,350 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. The proposed facility expansion includes increasing the maximum capacity from 1,550 head (1,550 animal units) to 3,350 head (3,350 animal units) of cattle weighing more than 700 pounds. The expansion will consist of 27.3 acres of open dirt lots, feed lanes, shipping/receiving facilities, approximately 44.2 acres of extraneous drainage from adjacent cropland, and a retention control structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Haverkamp Brothers, Inc. - Home Farm 2976 L4 Rd. Bern, KS 66408	SW/4 of Section 01 & NE/4 of Section 12 T01S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-H003 Federal Permit No. KS0101729
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,000 head (800 animal units) of swine weighing less than 55 pounds and 4,625 head (1,850 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 three 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-22-076/078

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
Andale, City of PO Box 338 Andale, KS 67001	Arkansas River via Cowskin Creek via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR03-OO01 Federal Permit No. KS0092223
Legal Description: SE1/4, SW1/4, NE1/4, Section 11, Township 26S, Range 3W, Sedgwick County, KS
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The detention time at the design flow is 140 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, E. coli, as well as monitoring for Nitrates and Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Total Phosphorus, pH, and flow.
Name and Address of Applicant	Receiving Stream	Type of Discharge
De Soto (SAAP) Water Treatment Plant 32905 W. 84th St. De Soto, KS 66018	Kansas River via Kill Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS12-PO07 Federal Permit No. KS0094536
Legal Description: NW1/4 of Section 17, Township 13S, Range 22E,Johnson County, KS
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a public water treatment plant that treats well water using chlorine, lime, and polymers, which is settled in clarifiers. The clarified overflow is filtered, re-chlorinated, and then routed to the clearwell prior to being sent to the distribution system. The proposed permit contains limits for Total Residual Chlorine, Total Suspended Solids, as well as monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Nelson Quarries, Inc. – Benedict Quarry PO Box 100 Gas, KS 66742	Verdigris River via Buffalo Creek via Elder Branch	Processed Wastewater
Kansas Permit No. I-VE02-PO02 Federal Permit No. KS0089940
Legal Description: S1/2 of Section 36, Township 27S, Range 15E and NW1/4, SW1/4 of Section 31, Township 27S, Range 16E of Wilson County, KS
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a limestone quarrying and crushing operation which occasionally washes rock. The proposed permit contains limits for Total Suspended Solids.

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 October 1, 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-22-215/219, KS-Q-22-076/078) 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 Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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. 050471