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Publications iconKansas Register

Volume 42 - Issue 5 - February 2, 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.

Public Notice No. KS-AG-23-019

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

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Summit Producers Company
292 Quivira Rd.
Marquette, KS 67464
J-Six Enterprises, LLC
604 Nemaha St.
Seneca, KS 66538
Legal Description Receiving Water
SE/4 of Section 09
T18S, R05W
McPherson County
Smoky Hills River Basin
Kansas Permit No. A-SHMP-H001
Federal Permit No. KS0086291
This is notification KDHE has received a complete permit application for the operation of an existing swine waste management facility capable of housing 7,078 head (2,831.2 animal units) of swine weighing more than 55 pounds each, and 8,720 head (872 animal units) of swine weighing less than 55 pounds each, for a total of 3,703.2 animal units. The complete application can be viewed at the office of the McPherson 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-23-020/023

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Golden Belt Feeders, Inc.
Kyle Kaiser
1149 NW 10th Ave.
St. John, KS 67576
Parts of Sections 17 & 19 and
Parts of Sections 20, 21 & 28
T22S, R13W
Stafford County
Upper Arkansas River Basin
Kansas Permit No. A-ARSF-C001
Federal Permit No. KS0115240
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 29,000 head of cattle weighing more than 700 pounds (29,000 animal units). This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to incorporate the Merlin Grimes Highway Pens facility, with the addition of 2.0 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
Doug Toll
PO Box 186
Clifton, KS 66937
SW/4 of Section 25
T05S, R01E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-S042
The proposed action is to modify and reissue an existing NPDES permit to a state permit for an existing facility for 2,499 head (999.6 animal units) of swine more than 55 pounds. This is a decrease in 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
Tiffany Cattle Co., Inc.
1333 S. 2500 Rd.
Herington, KS 67449
SE/4 of Section 20 &
S/2 of the NE/4 of Section 20
T18S, R04W
McPherson County
Smoky Hill River Basin
Kansas Permit No. A-SHMP-C001
Federal Permit No. KS0116351
The proposed action is to reissue an existing NPDES permit for an existing facility for 13,000 head (13,000 animal units) of beef cattle weighing more than 700 pounds. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Chuck Springer – Box Facility
6264 CR 1950
Elk City, KS 67344
SW/4 of Section 04
T31S, R14E
Montgomery County
Verdigris River Basin
Kansas Permit No. A-VEMG-H010
Federal Permit No. KS0095346
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,660 head (2,264 animal units) of swine weighing more than 55 pounds and 4,220 head (422 animal units) of swine weighing 55 pounds or less; for a total of 2,686 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.

Public Notice No. KS-AG-R-23-002

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

Name and Address
of Registrant
Legal Description County
Reed Ranch & Cattle, LLC
James Reed
2169 Road 400
Burlingame, KS 66413
W/2 of the SE/4 of Section 16
T15S, R13E
Wabaunsee

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 March 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-23-019/023, KS-AG-R-23-002) 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
Department of Health and Environment

Doc. No. 050855