Volume 41 - Issue 3 - January 20, 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-22-023/036

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Henry Land & Cattle, LLC Marc and Kate Henry 875 6th Rd. Longford, KS 67458	NE/4 of Section 04 T10S, R02E Clay County	Upper Arkansas River Basin
Kansas Permit No. A-SHCY-H003 Federal Permit No. KS0101753
The proposed action is to modify the current NPDES permit for an existing facility with a maximum capacity of 5684 head (2273.6 animal units) of swine weighing more than 55 pounds each and 8192 head (819.2 animal units) of swine weighing less than 55 pounds each for a total of 3092.8 animal units. Modifications to the permit includes: the addition of newly constructed buildings to the facility description, burial as the method for mortality disposal and the removal of all SOC requirements. There is no change in the permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE. Only the portions of the permit being modified are subject to comment.
Name and Address of Applicant	Legal Description	Receiving Water
High Choice Feeders, LLC I Douglas Claussen 553 W. Road 40 Scott City, KS 67871	W/2 of Section 12 & N/2 & SW/4 of Section 13 T20S, R33W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C012 Federal Permit No. KS0118541
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 30,000 head (30,000 animal units) of beef cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add one retention structure, 2 sediment basins, and approximately 38 acres of open lot pens. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Don and Mark Bethe 712 Hawk Rd. Hope, KS 67451-9146	SW/4 of Section 34 T15S, R02E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B008
The proposed action is to reissue an existing state permit for an existing facility for 500 head (250 animal units) of cattle 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
Parks Farm Darrell D. Parks 1001 E. 26th Ave. Manhattan, KS 66502	NW/4 of Section 26 & SE/4 of Section 23 T10S, R08E Riley County	Kansas River Basin
Kansas Permit No. A-KSRL-S006
The proposed action is to reissue an existing state permit for an existing facility for 365 head (146 animal units) of swine more than 55 pounds and 200 head (20 animal units) of swine 55 pounds or less, for a total of 166 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
Buessing Holsteins Brent Buessing 2130 E. Rd. Baileyville, KS 66404	SW/4 of Section 23 T02S, R11E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M029
The proposed action is to reissue an existing state permit for an existing facility for a maximum capacity of 300 head (420 animal units) of mature dairy cattle, 150 head (150 animal units) of dairy heifers, and 187 head (93.5 animal units) of dairy calves, for a total of 637 head (663.5 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
Carl and Nila Meyer, LLC Carl F. Meyer 4819 W. 201 St. Osage City, KS 66523	SE/4 of Section 36 T15S, R14E Osage County	Marias des Cygnes River Basin
Kansas Permit No. A-MCOS-B003
The proposed action is to reissue an existing state permit for an existing facility for 300 head (300 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
Goetz & Son Feedlot Jerry Goetz 13563 S. Road 45 E Park, KS 67751	NE/4 of Section 30 T10S, R27W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-C002 Federal Permit No. KS0092363
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (3,000 animal units) of 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
Roderick Arnoldy 266 W. 190th Dr. Tipton, KS 67485	SW/4 of Section 03 T09S, R11W Osborne County	Solomon River Basin
Kansas Permit No. A-SOOB-B007
The proposed action is to reissue an existing state permit for an existing facility for 300 head (300 animal units) of cattle weighing more than 700 pounds, and 300 head (150 animal units) of cattle weighing 700 pounds or less, for a total of 600 head (450 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
Hurtig Farm Virginia Hurtig Estate 1268 Cloud Rd. Delphos, KS 67436	SE/4 of Section 31 T08S, R03W Cloud County	Solomon River Basin
Kansas Permit No. A-SOCD-B001
The proposed action is to reissue an existing state permit for an existing facility for 400 head (400 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
James Dobbins 1473 K-9 Hwy. Goff, KS 66428	SE/4 of Section 32 T04S, R13E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S006
The proposed action is to reissue an existing state permit for an existing facility for 75 head (30 animal units) of swine weighing more than 55 pounds and 320 head (32 animal units) of swine weighing 55 pounds or less for a total of 62 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
James Ninemire 28266 Road W9 Ln. Lenora, KS 67645	SE/4 of Section 30 T05S, R24W Norton County	Solomon River Basin
Kansas Permit No. A-SONT-B010
The proposed action is to reissue an existing state permit for an existing facility for 249 head (249 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Rockers Farms Norma Rockers 22262 NW 2050 Rd. Garnett, KS 66032	SW/4 of Section 11 & SE/4 of Section 10 T20S, R19E Anderson County	Marais des Cygnes River Basin
Kansas Permit No. A-MCAN-B001
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Joseph Stich 8740 150th Rd. Chanute, KS 66720	NW/4 of Section 16 T28S, R19E Neosho County	Neosho River Basin
Kansas Permit No. A-NENO-E001
The proposed action is to reissue an existing state permit for an existing facility for 35,000 (35 animal units) of pheasants and 20,000 (20 animal units) of chukar partridges, for a total of 55 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
Livingston Enterprises – Hillside View 429 29th Rd. Mahaska, KS 66955	SW/4 of Section 03 T01S, R01E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S059
The proposed action is to reissue an existing state permit for an existing facility for 4,800 head (480 animal units) of swine 55 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.

Public Notice No. KS-AG-R-22-001

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

Name and Address of Applicant	Legal Description	County
Kyle Wamsley 1750 CR 15 Sharon Springs, KS 67758	NW/4 of Section 08 T13S, R40W	Wallace

Public Notice No. KS-Q-22-001/002

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
Evergy, Inc. 818 Kansas Ave. Topeka, KS 66612	Kansas River	Process Wastewater
Kansas Permit No. I-KS31-PO09 Federal Permit No. KS0079821
Legal Description: NW¼, S14, T12S, R19E, Douglas County, Kansas
Facility Name: Lawrence Energy Center
Facility Address: 1250 N. 1800 Rd., Lawrence, KS 66044
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is an electrical generating power station that has a maximum capacity of 550 megawatts powered by two (2) coal fired high-pressure steam generators (Units 4 and 5). Unit 3 is no longer active. The facility obtains makeup water from a surface water intake structure on the Kansas River for cooling tower and blowdown use. The proposed permit contains a Schedule of Compliance for the facility to meet Federal regulations 40 CFR 423, Steam Electric Effluent Limit Guidelines for flue gas desulfurization (FGD) and bottom ash transport water discharges. The facility has filed a Notice of Planned Participation in order to meet requirements. The proposed permit contains limits for total suspended solids, oil and grease, pH, free available oxidant, whole effluent toxicity, and zinc, as well as monitoring for flow, biochemical oxygen demand, mercury, selenium, copper, total chloride, total sulfate, total phosphorus, and priority pollutants.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Harshman Construction 1632 F P Rd. Cedar Point, KS 66843	Verdigris River via Elk River via Game Creek via Polk Daniels Lake via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE22-PO01 Federal Permit No. KS0097284
Legal Description: N½, S4, T30S. R11E. Elk County, Kansas
Facility Name: Black Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation that occasionally washes rock, but all wash water is sent to a sedimentation pond, which does not discharge. Outfall 001A consists of pit water and stormwater runoff. To discharge, a pump must be used. Since the quarry pit is very large, a discharge from Outfall 001A seldom occurs. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-NQ-22-001

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).

Name and Address of Applicant	Legal Location	Type of Discharge
Veritas Christian School 256 N. Michigan St. Lawrence, KS 66044	S½, SW¼, NW¼ S36, T13S, R19E Douglas County, Kansas	Non-Overflowing
Kansas Permit No. C-KS31-NO10 Federal Permit No. KSJ001004
Facility Name: Veritas Christian School Wastewater Treatment Facility
The proposed action is to issue a new non-discharging State/NPDES permit for a new non-discharging facility. This facility is a two-cell wastewater stabilization lagoon system with two septic tanks. The proposed permit contains a variance review to address Kansas Administrative Regulations (K.A.R.) 28-16-160 through K.A.R. 28-16-174.

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 February 19, 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-22-023/036, KS-AG-R-22-001, KS-Q-22-001/002, KS-NQ-22-001) 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 Rachel Hammond at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-6432 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 https://www.kdhe.ks.gov/436/Livestock-Management. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Acting Secretary

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