Volume 41 - Issue 12 - March 24, 2022

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-22-079/084

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Whiteside Dairy Lyndon Ropp 4705 S. Whiteside Rd. Hutchinson, KS 67501	NE/4 of Section 06 T24S, R06W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M056
The proposed action is to modify and reissue a state permit for an existing facility with a maximum capacity of 140 head (196 animal units) of mature dairy cattle, 46 head (23 animal units) of cattle weighing 700 pounds or less, and 80 head (80 animal units) of cattle weighing greater than 700 pounds, for a total of 299 animal units. This represents a small decrease in the permitted animal units from the previous permit. This permit is being modified to change the facility name and update the facility description according to as-built details of previously approved modifications.
Name and Address of Applicant	Legal Description	Receiving Water
Noll Farms Mark Noll 1023 330th St. Hiawatha, KS 66434	SW/4 of Section 14 & SE/4 of Section 15 T01S, R16E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-S007
The proposed action is to modify and reissue an existing state permit for an existing facility with a maximum capacity of 850 head (340 animal units) of swine more than 55 pounds, 300 head (30 animal units) of swine 55 pounds or less, and 300 head (300 animal units) of cattle more than 700 pounds, for a total of 670 animal units. This represents a decrease in the permitted animal units from the previous permit. This permit is also being modified to incorporate details in the facility description about decommissioned areas of the facility and add new reporting and record keeping requirements. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Johnson Growers, LLC Cary Wimmer 548 S. Rd. I Johnson City, KS 67855	SE/4 of Section 33 T28S, R40W & NE/4 of Section 04 T29S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-C001 Federal Permit No. KS0038415
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 42,430 head (42,430 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include the addition of four new waste application 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.
Name and Address of Applicant	Legal Description	Receiving Water
McCarty Family Farms 2231 CR 31 Rexford, KS 67753	SW/4 of Section 18 T07S, R31W Thomas County	Solomon River Basin
Kansas Permit No. A-SOTH-D001 Federal Permit No. KS0095150
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 10,800 head (15,120 animal units) of mature dairy cattle; 1,700 head (1,700 animal units) of dairy cattle weighing more than 700 pounds; and 100 head (50 animal units) of dairy cattle weighing 700 pounds or less; for a total of 12,600 head (16,870 animal units) of dairy cattle. The facility’s NMP was updated to include the addition of one new land application field. 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.
Name and Address of Applicant	Legal Description	Receiving Water
High Plains Ponderosa Dairy, LLC Greg Bethard 2042 Road V Plains, KS 67869	All of Section 18 T33S, R30W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-D001 Federal Permit No. KS0096474
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 28,000 head (39,200 animal units) of mature dairy cattle, 20,027 head (20,027 animal units) of dairy cattle weighing more than 700 pounds and 11,545 head (5,773 animal units) of dairy cattle weighing less than 700 pounds for a total of 59,572 head (65,000 animal units) of dairy cattle. The facility’s NMP was updated to include an application rate limitation change. The application rate limitation for one field has become less restrictive. 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.
Name and Address of Applicant	Legal Description	Receiving Water
Cargill Ranch, LLC Chad Cargill 8600 NE Isabel Rd. Isabel, KS 67065	W/2 of Section 33 T30S, R11W Barber County	Lower Arkansas River Basin
Kansas Permit No. A-ARBA-C002 Federal Permit No. KS0100757
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,000 head (2,000 animal units) of cattle weighing 700 pounds or less. The facility’s NMP was updated to include application rate limitation changes. The application rate limitation for one field has become less restrictive. 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.

Public Notice No. KS-AG-R-22-005

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

Name and Address of Registrant	Legal Description	County
Dusin Feedlot Rick Dusin 580 W. Xaiver Rd. Phillipsburg, KS 67661	NW/4 of Section 35 T04S, R19W	Phillips

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 23, 2022, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-079/084, KS-AG-R-22-005) 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 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 Christopher Zwiener, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-3056 or email at Christopher.Zwiener@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

Doc. No. 049948