Volume 41 - Issue 38 - September 22, 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-22-243/248

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Maple Creek Farms, LLC - Roberts 1 #654 and #655 Intersection of Road 2 and Road DD Leoti, KS 67861	NE/4 of Section 31 & NW/4 of Section 32 T20S, R38W Wichita County	Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H001 Federal Permit No. KS0094951
The proposed action is to modify and reissue the existing State/NPDES permit for a facility with a maximum animal capacity of 43,200 (17,280 animal units) of swine weighing greater than 55 pounds. This facility is being modified for process wastes and wastewaters from the existing two (2) farms (10 swine barns per farm) to be transferred to one (1) new earthen wastewater retention structures that will be utilized as covered anaerobic digesters before wastewater is transferred to the two (2) existing earthen wastewater structures for evaporation. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Maple Creek Farms, LLC - Holland #662-664 Intersection of Road 1 and Road 5 Leoti, KS 67861	SE/4 of Section 34 T20S, R38W Wichita County	Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H006 Federal Permit No. KS0095796
The proposed action is to modify and reissue the existing State/NPDES permit for a facility with a maximum animal capacity of 43,200 (17,280 animal units) of swine weighing greater than 55 pounds. This facility is being modified for process wastes and wastewaters from the existing 3 farms (10 swine barns per farm) to be transferred to one (1) new earthen wastewater retention structure that will be utilized as covered anaerobic digesters before wastewater is transferred to three (3) existing earthen wastewater structures. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
N.A. Timmerman, Inc. 1762 US-83 Hwy. Colby, KS 67701	N/2 of Section 10 T08S, R32W Thomas County	Solomon River Basin
Kansas Permit No. A-SOTH-C003 Federal Permit No. KS0117862
The proposed action is to reissue an existing NPDES permit for an existing facility for 24,000 head (24,000 animal units) of cattle weighing greater 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
Seaboard Foods, LLC - Coen Finishers #227 and #228 Farm 227: 01945 US-56 Hwy. Farm 228: 01922 US-56 Hwy. Rolla, KS 67954	W/2 of Section 18 T34S, R40W Morton County	Cimarron River Basin
Kansas Permit No. A-CIMT-H004 Federal Permit No. KS0092100
The proposed action is to reissue an existing NPDES permit for an existing facility for 16,200 head (6,480 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
3MK Pork, LLC Dale Keesecker 2108 Madison Rd. Washington, KS 66968	SW/4 of Section 17 T02S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H002 Federal Permit No. KS0089681
The proposed action is to reissue an existing NPDES permit for an existing facility for 8,000 head (3,200 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
Dale Springer – Main Farm Dale Springer 5816 CR 3300 Independence, KS 67301	N/2 of Section 23 T31S, R15E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-H009 Federal Permit No. KS0085448
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,070 head (2,428 animal units) of swine weighing greater than 55 pounds; and 3,252 head (325.2 animal units) of swine weighing 55 pounds or less; for a total of 2,753.2 animal units of swine. The facility’s NMP was updated to include changes in the application rate limitations. The application rate limitation for six 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.

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 22, 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-22-243/248) 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. 050519