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Publications iconKansas Register

Volume 42 - Issue 8 - February 23, 2023

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-23-039/046

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Daniel Regier & Sara Rickard Hog Farm
Daniel Regier
4828 NE 24th
Newton, KS 67114
SW/4 of Section 06
T23S, R02E
Harvey County
Walnut River Basin
Kansas Permit No. A-WAHV-S001
The proposed action is to reissue an existing state permit for an existing facility for 460 head (184 animal units) of swine weighing more than 55 pounds, and 400 head (40 animal units) of swine weighing 55 pounds or less for a total of 224 animal units. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
South Springs, LLC
Dwight Busenitz
13340 NW 40th Rd.
Benton, KS 67017
SE/4 of Section 10
T25S, R03E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-H002
Federal Permit No. KS0090611
The proposed action is to reissue an existing NPDES permit for an existing facility for 8,520 head (3,408 animal units) of swine weighing greater than 55 pounds and 2,880 head (288 animal units) of swine weighing 55 pounds or less for a total of 3,696 animal units. 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
Ruff Farms, Inc. - Musil Site
39344 SE O Rd.
Hanston, KS 67849
E/2 of Section 29
T21S, R20W
Pawnee County
Upper Arkansas River Basin
Kansas Permit No. A-UAPN-B008
The proposed action is to reissue an existing state permit for an existing facility for 990 head (495 animal units) of cattle 700 pounds or less. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
North Wheatridge, LLC
Clayton Cox
W. 1200 Rd.
Long Island, KS 67647
SW/4 of Section 02
T01S, R20W
Phillips County
Upper Republican River Basin
Kansas Permit No. A-URPL-H006
Federal Permit No. KS0094307
The proposed action is to reissue an existing NPDES permit for an existing facility for 8,400 head (3,360 animal units) of swine weighing more than 55 pounds and 3,600 head (360 animal units) for a total of 3,720 animal units. 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

Name and Address
of Applicant
Legal Description Receiving Water
Seaboard Foods, LLC - Cook Farm #1, #200, and Truck Wash
15990 W. Road 2 and
10350 N. Road Y and
15060 W. Road 2
Johnson, KS 67855
NE/4, SE/4 & NW/4 of Section 09
T27S, R43W
Stanton County
Cimarron River Basin
Kansas Permit No. A-CIST-H001
Federal Permit No. KS0091278
The proposed action is to reissue an existing NPDES permit for an existing facility for 10,592 head (4,236.8 animal units) of swine weighing more than 55 pounds and 4,918 head (491.8 animal units) of swine weighing 55 pounds or less for a total of 4,728.6 animal units of swine. 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
Sunbelt Feed Yard
1551 Road U
Hugoton, KS 67951
All of Section 24
T32S, R37W
Stevens County
Cimarron River Basin
Kansas Permit No. A-CISV-C002
Federal Permit No. KS0116203
The proposed action is to reissue an existing NPDES permit for an existing facility for 32,500 head (32,500 animal units) of cattle weighing more than 700 pounds and 15 head (30 animal units) of horses; for a total of 32,530 animal units. 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
Marvin and Armin Scripter
3421 Mink Rd.
Abilene, KS 67410
SE/4 of Section 17
T11S, R03E
Dickinson County
Smoky Hill River Basin
Kansas Permit No. A-SHDK-B040
The proposed action is to reissue an existing state permit for 70 head (70 animal units) of cattle more than 700 pounds, and 176 head (88 animal units) of cattle 700 pounds or less, and 5 head (10 animal units) of horses, for a total of 168 animal units. There has been a decrease in animal units from the previous permit. This facility is no longer permitted for swine. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Cow Camp Feed Yard
PO Box 103
1611 100 Ave.
Ramona, KS 67475
SW/4 of Section 34
T16S, R03E
Dickinson County
Smoky Hill River Basin
Kansas Permit No. A-SHDK-C001
Federal Permit No. KS0086614
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 7,999 head (7,999 animal units) of beef cattle weighing more than 700 pounds. The facility’s NMP was updated to include the addition/expansion of two fields and less restrictive rate changes in the application rate limitations for three fields. 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 March 25, 2023 will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-039/046) 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
Department of Health and Environment

Doc. No. 050903