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Volume 42 - Issue 40 - October 5, 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-23-282/290

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Keith Cattle Company
Brian Keith
1056 Road 350
Allen, KS 66833		 SE/4 of Section 10
T16S, R11E
Lyon County		 Marais des Cygnes River Basin
Kansas Permit No. A-MCLY-C005
Federal Permit No. KS0097144
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (1,500 animal units) of cattle weighing 700 pounds or less and 6 head (12 animal units) of horses for a total of 1,512 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Great Bend Feeding, Inc.
355 NW 30 Ave.
Great Bend, KS 67530		 E/2 of Section 10 &
All of Section 11
T19S, R14W
Barton County		 Upper Arkansas River Basin
Kansas Permit No. A-UABT-C002
Federal Permit No. KS0040576
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
Prairie View Farm
Jay Borntrager
5005 W. Longview
Hutchinson, KS 67501		 NW/4 of Section 20
T24S, R06W
Reno County		 Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M018
The proposed action is to reissue an existing state permit for an existing facility for 80 head (112 animal units) of mature dairy cattle and 80 head (40 animal units) of cattle weighing less than 700 pounds; for a total of 160 head (152 animal units) of dairy cattle. 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
K-Bar-S Farms Dairy
Kendall Knackstedt
679 Chisholm Rd.
Inman, KS 67546		 NE/4 of Section 06
T21S, R04W
McPherson County		 Little Arkansas River Basin
Kansas Permit No. A-LAMP-M028
The proposed action is to reissue an existing state permit for an existing facility for 150 head (210 animal units) of mature dairy cattle, 50 head (50 animal units) of dairy heifers and 110 head (55 animal units) of dairy calves, for a total of 315 animal units of dairy cattle. 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
AWD Farms, LLC
4055 N. 151st West
Colwich, KS 67030		 SE/4 of Section 27
T26S, R02W
Sedgwick County		 Lower Arkansas River Basin
Kansas Permit No. A-ARSG-M033
The proposed action is to reissue an existing state permit for an existing facility for 100 head (140 animal units) of mature dairy cattle, 90 head (90 animal units) of beef cattle weighing more than 700 pounds and 80 head (40 animal units) of cattle weighing less than 700 pounds, for a total of 270 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
McLaughlin Farms
245 16 Rd.
Stockton, KS 67669		 SE/4 of Section 04
T06S, R18W
Rooks County		 Solomon River Basin
Kansas Permit No. A-SORO-B014
The proposed action is to reissue an existing state permit for an existing facility for 250 animal units of cattle: either 500 head of cattle weighing 700 pounds or less, or 250 head 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
Dean Stous
21085 O Rd.
Holton, KS 66436		 NE/4 of Section 19
T07S, R15E
Jackson County		 Kansas River Basin
Kansas Permit No. A-KSJA-S011
The proposed action is to reissue an existing state permit for an existing facility for 130 head (130 animal units) of cattle more than 700 pounds and 120 head (60 animal units) of cattle 700 pounds or less, for a total of 190 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Lee Springer - Elevator Facility
3321 CR 5800
Independence, KS 67301		 SW/4 of Section 23 &
SE/4 of Section 22
T31S, R15E
Montgomery County		 Verdigris River Basin
Kansas Permit No. A-VEMG-H002
Federal Permit No. KS0087114
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,700 head (2,280 animal units) of swine weighing more than 55 pounds and 3,000 head (300 animal units) of swine weighing 55 pounds or less for a total of 2,580 animal units. The facility’s NMP was updated to include updated application rate limitations. The rate limitations for two fields have 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. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Bethell Hog Farm
32700 Stanley Rd.
Melvern, KS 66510		 NE/4 of Section 28
T18S, R17E
Osage County		 Marais des Cygnes River Basin
Kansas Permit No. A-MCOS-H001
Federal Permit No. KS0093734
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,800 head (1,920 animal units) of swine more than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitation for two field. The fields’ application rate limitation had 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-Q-23-176

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
Native Stone Company, Inc.
7822 SW 10th Ave.
Topeka, KS 66615		 Kansas River via
Mission Creek via
unnamed tributary		 Processed Wastewater
Kansas Permit No. I-KS92-PO05
Federal Permit No. KS0100307
Legal Description: SW ¼ of Section 7, Township 13S, Range 13E of Wabaunsee County, Kansas
Facility Location: Latitude: 38.93095, Longitude: -96.01790
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility strip mines slab rock used in landscaping lawns, retaining walls and for other purposes. Outfall 001A and 002A consists of stormwater runoff. 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 November 4, 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-23-282/290, KS-Q-23-176) 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, Kansas 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. 051533

Secretary of State Seal