Volume 40 - Issue 15 - April 15, 2021
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-21-160/169
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Burton Farms, Inc. Dan Burton 685 K-99 Hwy. Summerfield, KS 66541 |
SE/4 of Section 36 T01S, R09E Marshall County |
Big Blue River Basin |
| Kansas Permit No. A-BBMS-S040 | ||
| The proposed action is to modify and reissue an existing state permit for an expanding facility for 2,210 head (884 animal units) of Swine greater than 55 pounds and 1,070 head (107 animal units) of Swine less than or equal to 55 pounds for a total of 991.0 animal units. This permit is being modified to add a compost building. There is no change in the 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 |
| Joe Kroeger 1397 Limestone Rd. Marysville, KS 66508 |
NE/4 of Section 6 T03S, R08E Marshall County |
Big Blue River Basin |
| Kansas Permit No. A-BBMS-S020 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 500 head (200 animal units) of swine weighing more than 55 pounds, and 500 head (50 animal units) of swine weighing 55 pounds or less; for a total of 250 animal units of swine. There will be no change in the operation or permitted number of animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Kent Howell 11584 US-36 Hwy. Atwood, KS 67730 |
NE/4 of Section 23 T03S, R35W Rawlins County |
Upper Republican River Basin |
| Kansas Permit No. A-URRA-B010 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 60 head (60 animal units) of cattle weighing more than 700 pounds and 60 head (30 animal units) of cattle weighing less than 700 pounds; for a maximum capacity of 120 head (90 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 |
| Rock Creek Finishing Farms, LLC Steven J. Eichman 13075 Brush Creek Rd. Westmoreland, KS 66549 |
SE/4 of Section 28 T08S, R09E Pottawatomie County |
Kansas River Basin |
| Kansas Permit No. A-KSPT-H001 Federal Permit No. KS0091260 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 4,980 head (1,992 animal units) of swine weighing 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 Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Diepenbrock Farms, Inc. Gary Diepenbrock 2953 Vista Rd. Lincolnville, KS 66858 |
N/2 of Section 10 T18S, R04E Marion County |
Neosho River Basin |
| Kansas Permit No. A-NEMN-C002 Federal Permit No. KS0090085 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 6,500 head (6,500 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 Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| F-R Ranch 2230 S. K-23 Hwy. Hoxie, KS 67740 |
SW/4 of Section 18 T06S, R27W Sheridan County |
Solomon River Basin |
| Kansas Permit No. A-SOSD-B007 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 598 head (299 animal units) of 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 |
| Betschart Livestock, Inc. Frantz Betschart 1270 CR-Y Ashland, KS 67831 |
SE/4 of Section 35 T33S, R24W Clark County |
Cimarron River Basin |
| Kansas Permit No. A-CICA-B002 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 890 head (445 animal units) of cattle weighing 700 pounds or less and 500 head (50 animal units) of sheep/lambs/goats; for a total of 495 animal units. There will be no change in the operation or permitted number of animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Berk, Inc. Brad Berk 1978 Quail Rd. Concordia, KS 66901 |
NE/4 of Section 29 T06S, R02W Cloud County |
Lower Republican River Basin |
| Kansas Permit No. A-LRCD-H002 Federal Permit No. KS0093696 |
||
| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 7,200 head (2,880 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for four fields. The fields’ application rate limitations have 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. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Diamond Cattle Company Carmen Schmitt PO Box 47 Great Bend, KS 67530 |
SW/4 of Section 30 T21S, R09W Rice County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARRC-C005 Federal Permit No. KS0092746 |
||
| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,000 head (4,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for two fields. The fields’ application rate limitations have 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. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Bixenman Brothers Ron Bixenman 12515 S. Road 50 W Grainfield, KS 67737 |
N/2 of Section 2 T10S, R29W Sheridan County |
Saline River Basin |
| Kansas Permit No. A-SASD-C003 Federal Permit No. KS0098035 |
||
| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 2,000 head (2,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the Land Application Rate Methodology. 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-AG-R-21-007
Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:
| Name and Address of Registrant |
Legal Description | County |
| Evan McGatlin 1223 Sunflower Rd. Greenleaf, KS 66743 |
SE/4 of Section 31 T03S, R04E |
Washington |
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 May 15, 2021, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-160/169, KS-AG-R-21-007) 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 Matthew Steele Ph.D., P.E., 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 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, BEFS, Livestock Waste Management Section 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 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 http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.
Lee A. Norman, M.D.
Secretary
Doc. No. 049046
