Volume 41 - Issue 40 - October 6, 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-22-252/257

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Quivira Pork, LLC Pat Meuret 1746 26th Rd. Hollenberg, KS 66946	NW/4 of Section 26 T01S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S044
The proposed action is to modify and reissue an existing state permit for a facility for 1,644 head (657.6 animal units) of swine weighing greater than 55 pounds, and 2,240 head (224 animal units) of swine weighing 55 pounds or less for a total of 881.6 animal units of swine. This permit is being modified to include the construction of a gilt development unit building. There is no change in the permitted number of animal units from the previous permit.
Name and Address of Applicant	Legal Description	Receiving Water
Southwest Plains Dairy, L.L.C. 12701 SW CR 32 Syracuse, KS 67878	S/2 of Section 02 & SE/4 of Section 03 & E/2 of Section 11 & W/2 of Section 12 T26S, R43W Hamilton County	Cimarron River Basin
Kansas Permit No. A-CIHM-D004 Federal Permit No. KS0095702
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 17,300 head (24,220 animal units) of mature dairy cattle and 11,000 head (11,000 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 add one new cross ventilated confinement barn, one new milking parlor, eleven sediment basins, two treatment lagoons and the modification of one existing retention control structure.
Name and Address of Applicant	Legal Description	Receiving Water
Dirks Cattle Company Phil Dirks 1353 WW Rd. Copeland, KS 67837	SE/4 of Section 03 T29S, R31W Haskell County	Cimarron River Basin
Kansas Permit No. A-CIHS-C013 Federal Permit No. KS0097268
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,000 head (2,000 animal units) of cattle weighing more than 700 pounds and 4,000 head (2,000 animal units) of cattle weighing less than 700 pounds; for a total of 4,000 animal units of cattle. 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
Sellers Farms, Inc. Steve Sellers 1420 Ave. N Lyons, KS 67554	SW/4 of Section 06 & N/2 of Section 07 T20S, R08W Rice County	Lower Arkansas River Basin
Kansas Permit No. A-ARRC-C004 Federal Permit No. KS0086690
The proposed action is to reissue an existing NPDES permit for an existing facility for 12,000 head (12,000 animal units) of cattle weighing over 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
Gardiner Angus Ranch 2605 CR 13 Ashland, KS 67831	NE/4 of Section 10 & NW/4 of Section 11 T34S, R24W Clark County	Cimarron River Basin
Kansas Permit No. A-CICA-C005 Federal Permit No. KS0100773
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,000 head (5,000 animal units) of beef cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for one field. The field’s application rate limitations became 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.
Name and Address of Applicant	Legal Description	Receiving Water
Mongeau Farms, FLP 1415 J Rd. Stockton, KS 67669	NW/4 of Section 20 T07S, R18W Rooks County	Solomon River Basin
Kansas Permit No. A-SORO-C002 Federal Permit No. KS0097551
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds and 3,200 head (1,600 animal units) of cattle weighing 700 pounds or less; for a total of 4,400 animal units. The facility’s NMP was updated to include changes in the application rate limitation for two fields. The field’s application rate limitations 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-NQ-22-005

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).

Name and Address of Applicant	Legal Locaton	Type of Discharge
Bobo’s Meats, LLC 1166 160th Rd. Belleville, KS 66935	S 1/2, NW 1/4, Section 10, Township 3S, Range 3W Republic County, Kansas	Non-Overflowing
Kansas Permit No. I-LR03-NO01 Federal Permit No. KSJ001007
Facility Name: Bobo’s Meat Processing
Facility Location: Latitude: 39.80597 Longitude: -97.65164
The proposed action is to issue a new, non-discharging State/NPDES permit for a new, non-discharging facility. This facility operates the slaughterhouse on a single kill day per week basis for four to six cattle and a supplemental meat processing operation for complete processing to retail sales for a total equivalent of about 20 head per week of cattle, pigs, and deer into various meat products. The proposed permit contains generic language to protect the waters of the State. KDHE has received a request for variance to the Kansas wastewater liner regulations KAR 28-16-160, the variance request is to utilize a constructed soil liner with a maximum seepage rate of 1/10th inch per day for approximately 0.3824 acres of wastewater treatment ponds at normal operating depth for biological treatment of process wastewater, rather than the general regulatory requirement of a double synthetic membrane liner system for industrial process wastewater. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.

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 November 5, 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-22-252/257, KS-NQ-22-005) 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. 050560