Volume 43 - Issue 10 - March 7, 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-24-054

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

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
John Schwartz 32296 190th St. Sleepy Eye, MN 56085	Schwartz Wilke Farms, LLP Henry Hills 960 7th Rd. Longford, KS 67458
Legal Description	Receiving Water
NE/4 of Section 04 T10S, R02E Clay County	Smoky Hill River Basin
Kansas Permit No. A-SHCY-H003 Federal Permit No. KS0101753
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 7,680 head (768 animal units) of swine weighing less than 55 pounds each and 5,812 head (2,324.8 animal units) of swine weighing more than 55 pounds each for a facility total of 3,092.8 animal units. The complete application can be viewed at the office of the Clay County Clerk, the KDHE 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-24-055/062

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Bar W Cattle Stacy Koehn 19714 Road R Kismet, KS 67859	NE/4 of Section 14 T32S, R32W Seward County	Cimarron River Basin
Kansas Permit No. A-CISW-C005 Federal Permit No. KS0094790
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 13,500 head (13,500 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is being modified for the re-approval of approximately 13-acres of open lot pens, the addition of one (1) waste collection channel, and the modification of one (1) existing sediment basin. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Holle Legacy Family Limited Partnership 10647 Road 27 Ludell, KS 67739	W/2 of Section 21 T02S, R32W Rawlins County	Upper Republican River Basin
Kansas Permit No. A-URRA-B013
The proposed action is to issue a new state permit for an existing certified cattle facility for 999 head (999 animal units) of cattle weighing greater than 700 pounds. Runoff from approximately 2.5 acres of existing pens flows east and south through crop field buffer. The facility is proposing to construct an additional 2.5 acres of pens as well as a grass buffer along the east and south side of the existing and proposed pens. The facility is also proposing to construct an additional 4.8 acres of open-lot pens to the north of the existing facility. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Handke Farms, Inc. Terry Handke 16725 US-159 Hwy. Muscotah, KS 66058	NW/4 of Section 33 T05S, R17E Atchinson County	Kansas River Basin
Kansas Permit No. A-KSAT-C001 Federal Permit No. KS0087351
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,999 head (4,999 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
J-Six Enterprises, LLC - EB Middle Nursery - Finish Site 2456 280th St. Robinson, KS 66538	SE/4 of Section 36 T01S, R18E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-H002 Federal Permit No. KS0088463
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,250 head (625 animal units) of swine weighing 55 pounds or less and 3,250 head (1,925 animal units) of swine weighing more than 55 pounds for a total of 9,500 head (1,925 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Steve Johnson 1536 Nail Rd. Enterprise, KS 67441	SW/4 of Section 22 & NE/4 of Section 21 T14S, R03E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B012
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of beef 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
Proffitt Farms Jeff Proffitt 10002 N. Sterling Rd. Sterling, KS 67579	SE/4 of Section 01 T22S, R09W & SW/4 of Section 06 T22S, R08W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-S018
The proposed action is to reissue an existing state permit for an existing facility for 3,430 head (343 animal units) of swine weighing 55 pounds or less, and 700 head (350 animal units) of cattle weighing greater than 700 pounds; for a total of 693 animal units of livestock. 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
Brad Ohlde 520 12th Rd. Clifton, KS 66937	NW/4 of Section 02 T04S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-S031
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
Smokey River Cattle, LLC Jess Coltin Baehler 1720 K-27 Hwy. Sharon Springs, KS 67758	SE/4 of Section 10 T13S, R40W Wallace County	Smoky Hill River Basin
Kansas Permit No. A-SHWA-B005
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle less 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-24-005

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

Name and Address of Registrant	Legal Description	County
HWM Cattle, LLC Kenny Hilger 10704 SE 90th St. Kingman, KS 67068	SE/4 of Section 13 T29S, R06W	Kingman County

Public Notice No. KS-Q-24-024/025

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
ICL 622 Emerson Rd. St. Louis, MO 63141	Kansas River via Private Storm Sewer	Process Wastewater
Kansas Permit No. I-KS31-PO66 Federal Permit No. KS0001511
Legal Description: NE¼, Section 29, Township 12S, Range 20E, Douglas County, Kansas
Facility Location: 38.98093, -95.21091
The proposed action consists of modifying the existing Kansas/ NPDES Water Pollution Control permit. The Phosphorus limits will be removed due to the TMDL, which the limit was based on, being applied 5 years earlier than intended. This permit corrects that error. Arsenic monitoring was also removed, due to non-detect for Arsenic over the previous permit cycle. In lieu of a phosphorus limit, the permittee will monitor for phosphorus and be placed on a schedule of compliance to meet the future phosphorus limit. The permit has limits for Residual Chlorine, pH, and Total Suspended Solids; and monitors for Phosphorus, and Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Deffenbaugh Industries, Inc. 2601 Midwest Dr. Kansas City, KS 66111
Kansas Permit No. KS-01-091-002, KS-01-091-003
Facility Location: 39.03361, -94.797611
The Deffenbaugh Industries Johnson County landfill operates under KDHE Solid Waste Permit 263 and is located at 17955 Holliday Dr., Shawnee, Kansas. The facility covers approximately 850 acres with approximately 478 acres permitted for solid waste disposal. The permittee is authorized to inject non-hazardous liquid waste generated at this facility consisting of landfill leachate, contaminated groundwater and vehicle washwater from washing conducted at this facility of only the exterior of vehicles owned by Deffenbaugh Industries, Inc. This permit is for one UIC Class I well Deffenbaugh WWDW #3 (KS-01-091-003) which has not been drilled. The permittee currently operates one UIC Class I well, WWDW #2 (KS-01-091-002).

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 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-24-054/062, KS-AG-R-24-005, KS-Q-24-024/025) 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. 051933