Volume 42 - Issue 49 - December 7, 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-23-341/350

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Strathman Farms, LLC Richard and Roger Strathman A Rd. Baileyville, KS 66404	NW/4 of Section 18 & SW/4 of Section 07 T03S, R11E Nemaha County	Big Blue River Basin
Kansas Permit No. A-BBNM-B004
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 999 head (999 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 include an additional proposed pen area and extension of sediment basin. The use of the three (3) confinement buildings will be heavily reduced. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Pheasant Ridge Finishers, LLC - High Ridge Farm 4123 AA Rd. Plains, KS 67869	N/2 of Section 16 T34S, R30W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-H002 Federal Permit No. KS0088200
The proposed action is to modify and reissue an existing NPDES permit for a facility for 3,850 head (1,540 animal units) of swine weighing more than 55 pounds. There will be three modifications to the permit. First, land application of swine wastes control will shift from the facility to 100% of the swine waste being exported to and applied by other nearby entities. Second, the primary method for the disposal of routine mortalities from burial to rendering. Third, the facility is required to notify KDHE within 30 days of the effective date of the permit to provide the name of the person that will be the designated facility operator. Only the Mortality Management, Land Application, and Schedule of Compliance sections of the draft permit are open for comments. There is no change in the permitted number of animal units, waste management structures, or the footprint of the facility 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
Pheasant Ridge Finishers, LLC - South Ridge Farm 3100 AA Rd. Plains, KS 67869	S/2 of Section 08 T34S, R30W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-H003 Federal Permit No. KS0089044
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,080 head (2,432 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
Pheasant Ridge Finishers, LLC - West Ridge Farm 22218 Road 11 Kismet, KS 67859	NW/4 of Section 34 T33S, R31W Seward County	Cimarron River Basin
Kansas Permit No. A-CISW-H008 Federal Permit No. KS0093581
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,360 head (1,344 animal units) of swine weighing more 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
Stephens Farms, Inc. 1551 CR 32 Menlo, KS 67753	SW/4 of Section 20 T08S, R31W Thomas County	Solomon River Basin
Kansas Permit No. A-SOTH-C002 Federal Permit No. KS0115614
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,999 head (2,999 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
J&N Ranch, LLC - F. Morgan Feedyard and J&N Ranch Sale Barn 25332 Wolcott Rd. Leavenworth, KS 66048	NW/4 of Section 33 T09S, R23E Leavenworth County	Missouri River Basin
Kansas Permit No. A-MOLV-B001
The proposed action is to reissue an existing state permit for an existing facility for 606 head (606 animal units) of cattle weighing more than 700 pounds, or up to 999 head (449.5 animal units) of cattle weighing 700 pounds or less, or up to 999 head of cattle regardless of weight provided the total animal unit value does not exceed 606 animal units, and 2 head (4 animal units) of horses. 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
Molitor, LLC - Newton Livestock 1728 Cow Palace Rd. Newton, KS 67114	E/2 of Section 25 T23S, R01W Harvey County	Little Arkansas River Basin
Kansas Permit No. A-LAHV-L001
The proposed action is to reissue an existing state permit for an existing livestock buying and transfer station that operates one to two days a week. The station processes a maximum of 750 head (75 animal units) of sheep and goats per month. 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
Jarold Koehn 185 290th Rd. Durham, KS 67438	NE/4 of Section 18 T18S, R01E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-B024
The proposed action is to reissue an existing state permit for an existing facility for 330 head (330 animal units) of cattle weighing greater than 700 pounds and 660 head (330 animal units) of cattle weighing 700 pounds or less for a maximum capacity of 660 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
Eagle Ridge 524 17th Rd. Haddam, KS 66944	NE/4 of Section 14 T03S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-S028
The proposed action is to reissue an existing state permit for an existing facility for 1,370 head (548 animal units) of swine weighing greater than 55 pounds and 1,400 head (140 animal units) of swine weighing 55 pounds or less; for a total of 688 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Rose Farms Dewayne Rose 870 29th Rd. Mahaska, KS 66955	NE/4 of Section 08 T01S, R02E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-B014
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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.

Public Notice No. KS-AG-R-23-027

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

Name and Address of Registrant	Legal Description	County
Talley Feedlot Wade P. Talley 2313 96th Rd. Sabetha, KS 66534	SW/4 of Section 35 T03S, R14E	Nemaha

Public Notice No.: KS-EG-23-013

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
Cargill, Inc. PO Box 1403 Hutchinson, KS 67504
Permit No. KS-03-155-O23
Legal Description: Sec 20, T23S, R05W
Well I.D.	Location
O-1	38.03536789, -97.8933150
O-2	38.0353689, -97.8922039
O-3	38.03537089. -97.8901364
O-4	38.03537191, -97.8890254
O-5	38.03537309, -97.8877407
The proposed action is to issue a new State/NPDES permit for a new facility. The facility is a salt solution mining facility. Injection is to be made into the Hutchinson Salt member of the Wellington formation. Freshwater shall be injected into and saturated brine withdrawn from wells O-1, O-2, O-3, and O-4. O-5 is the access well to drill the horizontal borehole to connect the production wells in this gallery and shall only be used for the purpose of brine withdrawal. The top of the cavity shall be no shallower the n250 feet below land surface. Mining shall not extend into the upper 50 feet of the salt deposit. The proposed permit contains generic language to protect the waters of the state.

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 January 6, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-341/350, KS-AG-R-23-027, KS-EG-23-013) 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. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE: 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico: kdhe.feedlots@ks.gov; por teléfono: 785-296-6432. 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. 051698