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Publications iconKansas Register

Volume 42 - Issue 11 - March 16, 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-23-057

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Henry Creek Farms, Inc. - Dyck Finisher Site
12247 NW 130th St.
Whitewater, KS 67154
Henry Creek Farms, Inc.
12247 NW 130th St.
Whitewater, KS 67154
Legal Description Receiving Water
NW/4 of Section 31
T23S, R04E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-S047
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 2,490 head (996 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Butler County Clerk, the KDHE District Office in Wichita, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-23-058/063

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
J-Six Enterprises, LLC - Heideman Site
1836 160th Rd.
Sabetha, KS 66534
NW/4 of Section 25
T02S, R13E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-S070
The proposed action is to modify and reissue an existing state permit for an existing facility for 2,400 head (960 animal units) of swine more than 55 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. Proposed plans have been reapproved. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Johnson Growers, LLC
548 S. Road I
Johnson City, KS 67855
SE/4 of Section 33
T28S, R40W
Stanton County
Cimarron River Basin
Kansas Permit No. A-CIST-C001
Federal Permit No. KS0038415
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 25,000 head (25,000 animal units) of cattle weighing more than 700 pounds. This represents a decrease in the permitted animal units from the previous permit. The footprint area of the facility is being reduced. There will be no change in the operation of the facility. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Cal-Maine Foods, Inc.
625 Ave. K
Chase, KS 67524
S/2 of Section 24 &
NE/4 of Section 25 &
SE/4 of Section 26
T19S, R10W
Rice County
Lower Arkansas River Basin
Kansas Permit No. A-ARRC-P001
Federal Permit No. KS0090972
The proposed action is to modify and reissue an existing NPDES permit for a facility for 3,980,000 head (48,556 animal units) of laying hens. This permit is being modified to remodel the existing buildings to be cage-free, add a conveyor manure system to Layer Facility 1, rebuild Layer Facility 1 Building 10 to be storage, and build a new building to the north of existing buildings at Layer Facility 1. Previously approved modifications that were not completed are to build the proposed two additional layer buildings and one additional pullet building within the existing footprint of the facility. There is no change in the 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
Heigele Pork, Inc.
Fred Heigele
720 Granite Rd.
Longford, KS 67458
SE/4 of Section 24
T10S, R01E
Clay County
Smoky Hill River Basin
Kansas Permit No. A-SHCY-S003
The proposed action is to reissue an existing state permit for an existing facility for 1,100 head (110 animal units) of swine 55 pounds or less and 1,430 head (572 animal units) of swine more than 55 pounds, for a total of 682 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
Barr Dairy
James and Kathy Barr
9775 W. 333rd St
Lebo, KS 66856
NW/4 of Section 30
T18S, R14E
Osage County
Marais des Cygnes River Basin
Kansas Permit No. A-MCOS-M004
The proposed action is to reissue an existing state permit for an existing facility for 80 head (112 animal units) of mature dairy cattle, 20 head (20 animal units) of dairy heifers, 16 head (8 animal units) of dairy calves, 4 head (1.6 animal units) of swine more than 55 pounds, and 4 head (8 animal units) of horses, for a total of 149.6 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
CB Farms Family Partnership
CB Feeders
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 approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,350 head (3,350 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitations for their fields. One of the fields application rate limitation becomes less restrictive than the previous year. 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-AG-R-23-004

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:

Name and Address
of Registrant
Legal Description County
Erik Franklin
13092 Z Rd.
Lebanon, KS 66952
SE/4 of Section 05
T03S, R11W
Smith

Public Notice No. KS-NQ-23-001

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
Facility Location Type of Discharge
Susank, City of
127 Hoisington
Susank, KS 67544
Latitude: 38.640279
Longitude: -98.768065
Non-Overflowing
Kansas Permit No. M-AR87-NO01
Federal Permit No. KSJ000441
Facility Name: Susank Wastewater Treatment Facility
Legal Description: N½, SE¼, SW¼, Section 21, Township 16S, Range 13W of Barton County, Kansas
The proposed action is to reissue an existing, non-discharging State/NPDES permit for an existing, non-discharging facility. This facility consists of one lift station with flow to a two-cell lagoon system. A review of this facility indicates that facility is seeping excessively. The permittee has hired a Kansas-Licensed engineering consultant and provided KDHE an engineering report. The report, dated February 2023, recommends improvements to bring the facility into compliance with Kansas regulations, K.A.R. 28-16-160 et. Seq. The following schedule is enforceable under this permit. Permittee shall submit the wastewater treatment facility improvements Plans and Specifications to KDHE for review and approval by December 31, 2024. By December 31, 2025, permittee shall complete wastewater treatment facility improvements project.

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 April 15, 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-23-057/063, KS-AG-R-23-004, KS-NQ-23-001) 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 Erich Glave, Director, 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. 050963