Volume 40 - Issue 3 - January 21, 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 28-16-57 through 63, 28-18-1 through 17, 28-18a-1 through 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-21-023/038
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Stowell Cattle, LLC 2031 K-99 Hwy. Frankfort, KS 66427 |
SE/4 of Section 9 T04S, R09E Marshall County |
Big Blue River Basin |
| Kansas Permit No. A-BBMS-B003 | ||
| The proposed action is to modify and reissue an existing state permit for a confined feeding facility for 299 head (299 animal units) of cattle weighing greater than 700 pounds. This permit is being modified to install a gated pipe to uniformly disperse pen drainage over a grass buffer area. There is no change in the permitted number of animal units from the previous permit, nor a change in the facility footprint. This facility has an approved Waste Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Glacial Hills Poultry DeWayne Koehn 1780 240th St. Hiawatha, KS 66434 |
NE/4 & SE/4 of Section 2 T02S, R17E Brown County |
Missouri River Basin |
| Kansas Permit No. A-MOBR-P001 Federal Permit No. KS0101842 |
||
| The proposed action is to issue a new State/NPDES permit for a facility for 224,000 head (672 animal units) of broiler Chickens. The facility will consist of 8 new broiler houses and utilize a dry litter system. Plans include a separate litter shed (covered structure) that will be approximately 50’ x 100’. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Heinco, Inc. Austin Heiniger 370 180th St. Fairview, KS 66425 |
SE/4 of Section 21 T03S, R15E Brown County |
Kansas River Basin |
| Kansas Permit No. A-KSBR-S025 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 600 head (240 animal units) of swine more than 55 pounds and 300 head (30 animal units) of swine 55 pounds or less, for a total of 270 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 |
| ENAM, Inc. Brian Cook 3498 Road K Norcatur, KS 67653 |
NW/4 of Section 24 T02S, R25W Norton County |
Upper Republican River Basin |
| Kansas Permit No. A-URNT-S008 | ||
| This is a renewal permit for an existing facility with a maximum capacity of 350 head (140 animal units) of swine more than 55 pounds. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| CAJ Dairy Farms, LLC Jesse and Joel Houk 16733 K-16 Hwy. Oskaloosa, KS 66066 |
NW/4 of Section 11 T10S, R19E Jefferson County |
Kansas River Basin |
| Kansas Permit No. A-KSJF-M011 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 160 head (80 animal units) of cattle weighing less than 700 pounds, 60 head (60 animal units) of cattle weighing more than 700 ponds, and 400 head (560 animal units) of mature dairy cows (lactating and dry cows). 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 |
| Brent Lehman 7625 N. Anderson Rd. Newton, KS 67114 |
SE/4 of Section 18 T22S, R01E Harvey County |
Little Arkansas River Basin |
| Kansas Permit No. A-LAHV-B007 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 100 head (100 animal units) of cattle weighing more than 700 pounds and 200 head (100 animal units) of cattle weighing less than 700 pounds; for a total maximum capacity of 200 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 |
| South Fork Swine Marvin Neville 5581 SW 50th St. Kingman, KS 67068 |
NE/4 of Section 32 T28S, R08W Kingman County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARKM-S003 | ||
| This is a renewal permit for an existing facility for 2,000 head (800 animal units) of swine weighing greater than 55 pounds. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Twin Valley Enterprises, Inc. 5816 CR 3300 Independence, KS 67301 |
SW/4 of Section 15 T31S, R15E Montgomery County |
Verdigris River Basin |
| Kansas Permit No. A-VEMG-S044 | ||
| This is a renewal permit for an existing facility for 1000 head (400 animal units) of swine weighing more than 55 pounds and 2200 head (220 animal units) of swine weighing less than 55 pounds for a total of 620 animal units. There has been no change in animal units from the last permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Dean O. Mitchell 3617 CR 4500 Liberty, KS 67351 |
NE/4 of Section 16 T33S, R16E Montgomery County |
Verdigris River Basin |
| Kansas Permit No. A-VEMG-S021 | ||
| This is a renewal permit for a facility consisting of 1,800 head (720 animal units) of swine weighing more than 55 pounds. Facility is currently unpopulated. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Beaver Springs Ranch, Inc. 18589 Binning Rd. McDonald, KS 67745 |
NW/4 of Section 6 T04S, R35W Rawlins County |
Upper Republican River Basin |
| Kansas Permit No. A-URRA-B006 | ||
| This is a renewal permit for an existing facility with a maximum capacity of 975 head (975 animal units) of cattle weighing more than 700 pounds. There has been no change in the permitted animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Ralph Homeier 19588 Mitchell Rd. Dorrance, KS 67634 |
NE/4 of Section 16 T15S, R12W Russell County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHRS-B004 | ||
| This is a renewal permit for an existing facility with a maximum capacity of 700 head (700 animal units) of cattle more than 700 pounds. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Mike Rogers 195 Road 18 St. Francis, KS 67756 |
SE/4 of Section 30 T05S, R39W Cheyenne County |
Upper Republican River Basin |
| Kansas Permit No. A-URCN-B004 | ||
| This is a renewal permit for an existing facility with a maximum capacity of 600 head (300 animal units) of cattle more than 700 pounds. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| High Plains Ranch, LLC – East Travis De Groot 12225 E. K-160 Hwy. Satanta, KS 67870 |
SW/4 of Section 10 T28S, R31W Haskell County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAHS-C012 Federal Permit No. KS0096971 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 4,999 head (4,999 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for field SW15. The fields’ application rate limitation has become less restrictive than the previous permit. 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 |
| Wilroads Feed Yard Travis McGuire 11449 Lariat Way Dodge City, KS 67801 |
W/2 of Section 9 T27S, R24W Ford County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAFO-C014 Federal Permit No. KS0080373 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 36,000 head (36,000 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 field C3. The fields’ application rate limitation has become less restrictive than the previous permit. 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 |
| Pioneer Feedyard, LLC Jason Gerstberger 1021 CR CC Oakley, KS 67748 |
N/2 of Section 17, S/2 of the SW/4 of Section 7, N/2 of Section 18, SW/4 of Section 18 and NW/4 of Section 19 T11S, R31W Gove County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHGO-C003 Federal Permit No. KS0115860 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 53,000 head (53,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to add Field 5A to the Field Roster of the NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Ingalls Feed Yard David Ast 10505 US-50 Hwy. Ingalls, KS 67853 |
NW/4 of Section 26, All of Section 27, and S/2 of Section 23 T25S, R29W Gray County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAGY-C006 Federal Permit No. KS0115274 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 40,000 head (40,000 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 fields 23-1 and 23-3. The field’s application rate limitation has become less restrictive than the previous permit. 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 |
| Sublette Feeders, LLC Joe Scott PO Box 917 Sublette, KS 67877 |
E/2 of Section 17, NW/4 of Section 17 and SE/4 of Section 8 T29S, R31W Haskell County |
Cimarron River Basin |
| Kansas Permit No. A-CIHS-C001 Federal Permit No. KS0038075 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 46,000 head (46,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for field Sec 5 North and Sec 5 South. The fields’ application rate limitation has become less restrictive than the previous permit. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
Public Notice No. KS-NQ-21-001/003
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 |
| Cassoday, City of PO Box 90 Cassoday, KS 66842 |
SW¼, SW¼, SW¼ S14, T23S, R7E, Butler County |
Non-Overflowing |
| Kansas Permit No. M-WA06-NO01 Federal Permit No. KSJ000232 |
||
| The proposed action is to reissue an existing State/NPDES permit for an existing, non-discharging facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains a schedule of compliance stating the permittee shall clean the influent and transfer structures, ensure transfer piping is not plugged, ensure all slide gates and controls operate properly, and ensure a stand of grass within the lagoon area. | ||
| Name and Address of Applicant |
Legal Location | Type of Discharge |
| Latham, City of 232 W. Blaine Latham, KS 67072 |
SE¼, NW¼, NE¼, & NE¼, SW¼, NE¼ S15, T29S, R7E, Butler County |
Non-Overflowing |
| Kansas Permit No. M-WA10-NO01 Federal Permit No. KSJ000227 |
||
| The proposed action is to reissue an existing State/NPDES permit for an existing, non-discharging facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains a schedule of compliance stating the permittee shall hire a Kansas licensed professional engineer to conduct a study of the actual rate of sewage flow and the capacity of the existing non-overflowing wastewater treatment lagoon system, and to submit their findings to KDHE. | ||
| Name and Address of Applicant |
Legal Location | Type of Discharge |
| Unified School District #498 PO Box 89 Waterville, KS 66548 |
SE¼, NW¼, SW¼ S24, T4S, R6E, Marshall County |
Non-Overflowing |
| Kansas Permit No. M-BB22-NO01 Federal Permit No. KSJ000431 |
||
| Facility Name: Valley Heights Jr-Sr High School | ||
| Facility Address: 2274 6th Rd., Blue Rapids, KS 66411 | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing, non-discharging facility. This facility is a two-cell wastewater stabilization lagoon system. The proposed permit contains a schedule of compliance stating the permittee shall hire a Kansas licensed professional engineer to conduct a study of the actual rate of sewage flow and the capacity of the existing non-overflowing wastewater treatment lagoon system, to submit their findings to KDHE, and to retain a Kansas Wastewater Certified Operator. | ||
Notice of Intent to Terminate
Pursuant to the requirements of K.A.R. 28-16-60 and K.A.R. 28-16-62, the Kansas Department of Health and Environment (KDHE) hereby provides notice of intent to terminate the following KDHE-issued permits.
| State Permit | Project Name | City | County |
| S-KS97-0033 | Mann’s Ranch Addition Unit No. 1 | Junction City | Geary |
| S-AR04-0020 | Patterson Health Center | Harper | Harper |
| S-KS34-0349 | Central Green, MXD | Lenexa | Johnson |
| S-KS52-0344 | Crown Olathe Assisted Living and Memory Care | Olathe | Johnson |
| S-KS55-0120 | Carriage Woods | Overland Park | Johnson |
| S-KS68-0192 | Continental Business Park | Shawnee | Johnson |
| S-MO28-0440 | Metcalf 108–Styabridge Suites | Overland Park | Johnson |
| S-MO12-0086 | The Branches Addition No. 2 | Leavenworth | Leavenworth |
| S-LA11-0088 | Viega Steel Fittings Process Addition | McPherson | McPherson |
| S-AR69-0035 | Massco | Park City | Sedgwick |
| S-KS72-0193 | Cherry Creek North Subdivision Sewer & Streets Phase III & IV | Topeka | Shawnee |
| S-CI07-0034 | Walkemeyer Phase No. 1 | Hugoton | Stevens |
| G-WA09-0014 | Valmont Newmark | El Dorado | Butler |
| G-AR94-0082 | CNH America LLC Wichita Facility | Wichita | Sedgwick |
| Proposed Action: The Kansas Department of Health and Environment (KDHE) issued Authorizations for stormwater discharges under of the Construction Stormwater General Permit for the above-named projects. K.S.A. 65-166a requires the Secretary of KDHE to assess appropriate annual fees for Authorizations/Permits issued by the Department and provides that failure to pay the annual fee shall be cause for revocation/termination of the Authorization/Permit. The authorized entities named above have failed to comply with the requirement to pay the annual fee. Further, according to K.A.R. 28-16-62(f)-(g), the director has discretion to initiate termination of a permit. Therefore, pursuant to K.S.A. 65-166a, K.A.R. 28-16-60 and K.A.R. 28-16-62, KDHE is hereby providing notice of intent to terminate the Authorizations associated with the projects named herein. The entity may re-instate the Authorization by paying the appropriate annual fees. If you have any questions regarding the termination of your permit, please contact the Stormwater Coordinator. | |||
Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612-1367.
All comments regarding the draft documents or application notices received on or before February 20, 2021, will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-023/038, KS-NQ-21-001/003) and name of the applicant/permittee when preparing comments.
After review of any comments received during the public notice period, the Secretary of Health and Environment will issue 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).
All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, Kansas. 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. 048778
