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Volume 41 - Issue 32 - August 11, 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-22-196

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

Name and Address
of Applicant		 Owner of Property Where
Facility Will Be Located
Jennifer Gerety
1829 Q Rd.
Oneida, KS 66522		 J-Six Enterprises, LLC – North Farm
604 Nemaha
Seneca, KS 66538
Legal Description Receiving Water
SE/4 of Section 03
T03S, R13E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-S048
This is notification KDHE has received a complete permit application for modifications at an existing swine facility with the proposed maximum capacity of 1,629 head (651.6 animal units) of swine weighing greater than 55 pounds, and 3,200 head (320 animal units) of swine weighing 55 pounds or less; for a total of 971.6 animal units of swine. The complete application can be viewed at the office of the Nemaha County Clerk, the KDHE District Office in Lawrence, 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-22-197/199

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Intervet, Inc. dba Merck Animal Health Intervet, Inc.
35500 W. 91st St.
De Soto, KS 66018		 SW/4 of Section 29 &
NW/4 of Section 32
T12S, R22E
Johnson County		 Kansas River Basin
Kansas Permit No. A-KSJO-B001
This permit is being reissued with modification of at an existing facility for 1084 animal units which includes 575 head (230 animal units) of swine, and 854 animal units will be made of a combination of cattle, horses, goats, sheep, dogs, cats, rabbits, and rodents at the facility. This permit is being modified to add a new building #37 with improvements that will include the collection and sterilization of all waste from the facility buildings housing animals. There is no change in the permitted number of animal units or the extent of the facility footprint from the previous permit.
Name and Address
of Applicant		 Legal Description Receiving Water
Grunts & Grains Farms
15042 A Rd.
Kensington, KS 66951		 SE/4 of the NE/4 of Section 13
T03S, R16W
Phillips County		 Solomon River Basin
Kansas Permit No. A-SOPL-S030
The proposed action is to reissue an existing state permit for an existing facility for 1,560 head (624 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 924 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
Steven Cox Associates, LLC
1063 Arrow Rd.
Long Island, KS 67647		 NE/4 & NW/4 of Section 01
T01S, R20W
Phillips County		 Upper Republican River Basin
Kansas Permit No. A-URPL-S009
The proposed action is to reissue an existing state permit for an existing facility for 2,190 head (876 animal units) of swine more than 55 pounds and 1,150 head (115 animal units) of swine 55 pounds or less, for a total of 3,340 head (991 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.

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 September 10, 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-22-196/199) 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 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

Doc. No. 050408

Secretary of State Seal