Volume 43 - Issue 31 - August 1, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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-24-202

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

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Eagle Ridge 524 17th Rd. Haddam, KS 66944	Robert Allen 524 17th Rd. Haddam, KS 66944
Legal Description	Receiving Water
NE/4 of Section 14 T03S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-H012 Federal Permit No. KS0300008
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 3,000 head (1,200 animal units) of swine weighing more than 55 pounds each and 4,000 head (400 animal units) of swine weighing less than 55 pounds each; for a facility total of 1,600 animal units. The complete application can be viewed online at https://www.kdhe.ks.gov/493/Swine-Feedlot-Permit-Applications, at the office of the Washington County Clerk, the KDHE North Central District Office in Salina, 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-24-203/217

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Westervelt Turkey Farm Jessica Westervelt 8340 SW 20th Columbus, KS 66725	NE/4 of Section 27 T34S, R23E Cherokee County	Neosho River Basin
Kansas Permit No. A-NECK-F014
The proposed action is to reissue an existing state permit for an existing facility for 33,000 head (594 animal units) of turkeys. 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
Glendon Ropp 2810 W. Red Rock Rd. Hutchinson, KS 67501	SE/4 of Section 21 T24S, R06W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M035
The proposed action is to reissue an existing state permit for an existing facility for 70 head (98 animal units) of mature dairy cattle, 20 head (10 animal units) of dairy calves weighing less than 700 pounds, and 80 head (80 animal units) of beef cattle weighing more than 700 pounds; for a total of 188 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
North Hog Barn Dwayne DeVellen Road 2 and Road Y Plains, KS 67869	NW/4 of Section 31 T33S, R30W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-S009
The proposed action is to modify and reissue an existing state permit for an existing facility for 500 head (200 animal units) of swine weighing more than 55 pounds. This is a reduction in 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
Levin Brothers Farms, LLC 1378 E. Iron Rd. Kensington, KS 66951	NW/4 & SE/4 of Section 12 T02S, R16W Phillips County	Solomon River Basin
Kansas Permit No. A-SOPL-B017
The proposed action is to modify the existing NPDES permit and reissue a state permit for a facility for a maximum capacity of 999 head (999 animal units) of cattle weighing more than 700 pounds This represents a decrease in the permitted 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
Sturdy Farm Darrell Sturdy 1108 W. 6th St. Lyndon, KS 66451	NE/4 of Section 12 T17S, R15E Osage County	Marais des Cygnes River Basin
Kansas Permit No. A-MCOS-B007
The proposed action is to reissue an existing state permit for an existing facility for 800 head (400 animal units) of cattle weighing 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
MN Farms Maurice Feldkamp 2460 F Rd. Baileyville, KS 66404	NW/4 of Section 01 T02S, R11E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S035
The proposed action is to reissue an existing state permit for an existing facility for 2,200 head (880 animal units) of swine weighing greater than 55 pounds and 1,100 head (110 animal units) of swine weighing 55 pounds or less, for a total of 990 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
Wayne Niehues 758 O Rd. Goff, KS 66428	N/2 of Section 33 T04S, R13E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S014
The proposed action is to reissue an existing state permit for an existing facility for 478 head (191.2 animal units) of swine weighing more than 55 pounds, 555 head (55.5 animal units) of swine weighing 55 pounds or less, 100 head (50 animal units) of cattle weighing 700 pounds or less, and 25 head (2.5 animal units) of sheep, for a total of 299.2 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
J-Six Enterprises, LLC - Caldwell 555 3rd Rd. Clifton, KS 66937	SE/4 & SW/4 of Section 14 T05S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-S034
The proposed action is to 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. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Mark Riedy Feedlot 508 Oat Rd. Hope, KS 67451	SW/4 of Section 11 T16S, R03E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B034
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 animal units) of cattle weighing greater 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
Mark and John Robson 618 1300 Ave. Abilene, KS 67410	W/2 of Section 01 T15S, R01E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B014
The proposed action is to reissue an existing state permit for an existing facility for 280 head (280 animal units) of beef cattle more than 700 pounds and 320 head (160 animal units) of beef cattle 700 pounds or less, for a total of 440 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
Mark and John Robson 1118 Eden Rd. Abilene, KS 67410	SW/4 of Section 12 T15S, R01E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B002
The proposed action is to reissue an existing state permit for an existing facility for 260 head (260 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
Knight Feedlot, Inc. Luke Knight 1768 Ave. J Lyons, KS 67554	E/2 of Section 23 T19S, R08W Rice County	Lower Arkansas River Basin
Kansas Permit No. A-ARRC-C002 Federal Permit No. KS0116157
The proposed action is to reissue an existing NPDES permit for an existing facility for 35,000 head (35,000 animal units) of cattle weighing greater 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
Keesecker Agri-Business, Inc. 2069 Prairie Rd. Washington, KS 66968	NE/4 of Section 22 T02S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H007 Federal Permit No. KS0095699
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,822 head (1,528.8 animal units) of swine weighing more than 55 pounds and 4,332 head (433.2 animal units) of swine weighing 55 pounds or less; for a total of 1,962 animal units of swine. The facility’s NMP was updated to include the addition of two new land application fields and changes to application rate limitations. 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
Haverkamp Bros., Inc. - Home Farm 2976 L4 Rd. Bern, KS 66408	SW/4 of Section 01 & NE/4 of Section 12 T01S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-H003 Federal Permit No. KS0101729
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 (800 animal units) of swine weighing less than 55 pounds and 4,625 head (1,850 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. The application rate limitations for four fields 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
Wilroads Feedyard, LLC - Yard 2 11449 Lariat Way Dodge City, KS 67801	W/2 of Section 07 T27S, R24W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C016 Federal Permit No. KS0094340
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 the addition of a new land application field and changes to the application rate limitations to their current fields. One field has an application rate limitation that is less limiting 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-Q-24-152/154

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), and Federal Surface Water Criteria.

Name and Address of Applicant	Receiving Stream	Type of Discharge
Kansas Department of Transportation - Bureau of Design 700 SW Harrison, 14th Floor Topeka, KS 66603	Middle Creek via Payne Creek	Treated Domestic
Permit No. M-MC31-OO02 Federal Permit No. KS0081477
Legal Description: SE¼, NW¼, SE¼, Section 34, Township 17S, Range 18E, Franklin County, Kansas
Location: 38.52598, -95.40402
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility serves a travel rest area and receives domestic wastewater from a transient population. The detention time at the design flow is 161 days. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring pH, Ammonia, and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Williamsburg, City of PO Box 414 Williamsburg, KS 66095	East Branch Tequa via Mill Creek	Treated Domestic
Permit No. M-MC50-OO02 Federal Permit No. KS0093203
Legal Description: NE¼, NE¼, SW¼, Section 13, Township 18S, Range 17E, Franklin County, Kansas
Location: 38.48350, -95.48267
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring pH, and E. coli. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable condition (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on July 3, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 19.7 mg/L for this facility. The 99th percentile decreased during the current permit cycle resulting in a lower limit for the proposed permit.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Blue Mound, City of PO Box 100 Blue Mound, KS 66010	Little Osage River via Irish Creek	Treated Domestic
Permit No. M-MC05-OO02 Federal Permit No. KS0095737
Legal Description: NE¼, SW¼, SE¼, Section 32, Township 22S, Range 22E, Linn County, Kansas
Location: 38.08438, -95.01266
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential areas. The total detention time at design flow is 204 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring pH, and E. coli.

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 August 31, 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-24-202, KS-AG-24-203/217, KS-Q-24-152/154) 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, 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 Jada Martin 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 Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 052361