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Publications iconKansas Register

Volume 42 - Issue 22 - June 1, 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-23-127/136

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Friendship Farms, LLC #1
1496 Road 210
Lakin, KS 67860
SW/4 & SE/4 of Section 20
T23S, R36W
Kearny County
Upper Arkansas River Basin
Kansas Permit No. A-UAKE-H002
Federal Permit No. KS0094960
The proposed action is to reissue an existing NPDES permit for an existing facility for 43,200 head (17,280 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
Friendship Farms, LLC #2
2176 Road X
Lakin, KS 67860
NW/4 of Section 21
T23S, R35W
Kearny County
Upper Arkansas River Basin
Kansas Permit No. A-UAKE-H003
Federal Permit No. KS0095087
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
Rio Vista Farms, LLC
Zachary Gale
9801 W. US-50 Hwy., Road F
Coolidge, KS 67836
SE/4 of Section 20 &
W/2 of Section 21
T23S, R42W
Hamilton County
Upper Arkansas River Basin
Kansas Permit No. A-UAHM-D001
Federal Permit No. KS0093343
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,850 head (9,590 animal units) of mature dairy cattle with an associated 2,800 head (2,800 animal units) replacement heifer operation for a total of 9,650 head (12,390 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
Seaboard Foods LLC - Thomason 202, 203, 205 and 207
1750 and 1765 Blvd F and
550 Road 17 and
555 Road 18
Elkhart, KS 67950
#202: SW/4 & NW/4 of Section 23
#203: NW/4 & NE/4 of Section 26
#205: NW/4 of Section 26
#207: SE/4 & NE/4 of Section 26
All in T34S, R41W
Morton County
Cimarron River Basin
Kansas Permit No. A-CIMT-H003
Federal Permit No. KS0091928
The proposed action is to reissue an existing NPDES permit for an existing facility for 43,200 head (17,280 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
Dillwyn Feedyard
187 NW 70th Ave.
Macksville, KS 67557
W/2 of Section 09
T24S, R14W
Stafford County
Lower Arkansas River Basin
Kansas Permit No. A-ARSF-C003
Federal Permit No. KS0115681
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,000 head (4,000 animal units) of cattle weighing more 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
Wildcat Feeders LLC
975 Limestone Trail
Scandia, KS 66966
SE/4 of Section 21
T03S, R04W
Republic County
Lower Republican River Basin
Kansas Permit No. A-LRRP-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle more 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Keeott Farms, Inc.
970 18th Rd.
Clay Center, KS 67432
SW/4 of Section 27
T07S, R02E
Clay County
Lower Republican River Basin
Kansas Permit No. A-LRCY-H004
Federal Permit No. KS0094471
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,220 head (1,288 animal units) of swine weighing greater than 55 pounds and 1,600 head (160 animal units) of swine weighing 55 pounds or less for a total of 1,448 animal units of swine. The facility’s NMP was updated to include changes in application rate limitations for their fields. Three of the fields application rate limitation 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.
Name and Address
of Applicant
Legal Description Receiving Water
KRB Pork, Inc.
4th and Jade Rd.
Palmer, KS 66962
SE/4 of Section 10
T05S, R02E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-H007
Federal Permit No. KS0094956
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 (3,200 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. Two of the fields application rate limitation became less restrictive than the previous permit. 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
Dunn Swine, LLC
863 NW 10th Ave.
St. John, KS 67576
NE/4 of Section 05
T23S, R13W
Stafford County
Lower Arkansas River Basin
Kansas Permit No. A-ARSF-H001
Federal Permit No. KS0089958
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 1,855 head (742 animal units) of swine weighing more than 55 pounds and 2,675 head (267.5 animal units) of swine weighing 55 pounds or less; for a total of 1,009.5 animal units of swine. The facility’s NMP was updated to include changes to the application rate limitations. The application rate limitation for one field has 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.
Name and Address
of Applicant
Legal Description Receiving Water
Hanson Farming Co.
1009 X Rd.
Pawnee Rock, KS 67567
NE/4 of Section 15
T20S, R16W
Pawnee County
Upper Arkansas River Basin
Kansas Permit No. A-UAPN-C007
Federal Permit No. KS0093688
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 2,000 head (2,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in application rate limitations for their fields. Three of the fields application rate limitation 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-AG-R-23-011

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

Name and Address
of Registrant
Legal Description County
Blue Sky Farms
Harry Dewit
2450 Hwy. 86
Friona, TX 79035
All of Section 18
T25S, R17W
Edwards

Public Notice No. KS-EG-23-005

In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address
of Applicant
Occidental Chemical Corporation
6200 S. Ridge Rd.
Wichita, KS 67215
Permit No. KS-03-173-OP4
Legal Description: Sec 29, T29S, R2W of Sedgwick County, KS
Well Number Location
Pauly 4-1: Latitude: 37.501319
Longitude: -97.565517
Pauly 4-2: Latitude: 37.501322
Longitude: -97.564483
Pauly 4-3: Latitude: 37.501324
Longitude: -97.563449
Pauly 4-4: Latitude: 37.501327
Longitude: -97.562415
Pauly 4-5: Latitude: 37.501330
Longitude: -97.561381
Permit applications have been filed with the Department to repermit five salt solution mining wells to be drilled in Section 29, T29S, R2W, Sedgwick County, Kansas. This area permit is for the Pauly 4 Gallery, with area permit number KS-03-173-OP4. The production of brine will be by gallery system. These wells were formerly under Kansas Permit Numbers KS-03-173-284 through KS-03-173-288.

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 June 1, 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-23-127/136, KS-AG-R-23-011, KS-EG-23-005) 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 Casey Guccione, Section Chief, 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 Andrew Bowman 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. 051193