Volume 40 - Issue 39 - September 30, 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-21-300/307
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Treble Clef Farm, LLC 1755 30th Peabody, KS 66866 |
NE/4 of Section 26 T22S, R03E Marion County |
Whitewater/Walnut River Basin |
| Kansas Permit No. A-WAMN-C001 Federal Permit No. KS0101991 |
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| The proposed action is to issue a new State/NPDES permit for a facility for 3,000 head (3,000 animal units) of cattle weighing more than 700 pounds. The facility will consist of open lot pens and a waste management system consisting of 2 sedimentation basins (Basin A and Basin B) and a single waste storage pond (WSP) or retention control structure (RCS). This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| KC Pork, Inc. 451 3rd Rd. Clifton, KS 66937 |
NW/4 & SE/4 of Section 15 T05S, R01E Washington County |
Lower Republican River Basin |
| Kansas Permit No. A-LRWS-H002 Federal Permit No. KS0085740 |
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| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,346 head (2,138.4 animal units) of swine weighing more than 55 pounds and 11,350 head (1,135 animal units) of swine weighing 55 pounds or less; for a total of 3,273.4 animal units of swine. The facility’s NMP was updated to include changes in the application rate limitations. The rate limitation for field 17 has 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 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 |
| CSP Farms, LLC 289 Concord Rd. Clifton, KS 66937 |
NE/4 of Section 21 T05S, R01E Washington County |
Lower Republican River Basin |
| Kansas Permit No. A-LRWS-H010 Federal Permit No. KS0101494 |
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| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,865 head (1,546 animal units) of swine weighing more than 55 pounds and 1,830 head (183 animal units) of swine weighing 55 pounds or less; for a total of 1,729 animal units of swine. The facility’s NMP was updated to include application rate limitation changes. The application rate limitation for field 12 has 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 |
| Condray Farms, Inc. 451 3rd Rd. Clifton, KS 66937 |
NE/4 & SW/4 of Section 22 T05S, R01W Washington County |
Lower Republican River Basin |
| Kansas Permit No. A-LRWS-H008 Federal Permit No. KS0095974 |
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| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,000 head (3,200 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitations for fields 2 and 3 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 |
| Steven Cox Associates Steven Cox 1476 US-383 Hwy. Long Island, KS 67647 |
NW/4 of Section 32 T01S, R20W Phillips County |
Upper Republican River Basin |
| Kansas Permit No. A-URPL-H003 Federal Permit No. KS0115746 |
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| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,358 head (1,743.2 animal units) of swine more than 55 pounds and 3,880 head (388 animal units) of swine weighing 55 pounds or less, for a total of 2,131.2 animal units of swine. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitation for field SCA East has 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 |
| Stone Post Dairy, LLC 33002 SE K Rd. Jetmore, KS 67854 |
W/2 of Section 12 T23S, R23W Hodgeman County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAHG-D001 Federal Permit No. KS0115061 |
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| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,000 head (7,000 animal units) of mature dairy cows, 850 head (850 animal units) of dairy cattle weighing greater than 700 pounds, and 1,600 head (800 animal units) of dairy cattle weighing 700 pounds or less; for a total of 8,650 animal units of dairy cattle. The facility’s NMP update included changes in the application rate limitations for their fields. Three of the field’s application rate limitations have become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit 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 |
| Hoxie Feedyard, Inc. 3522 N. Road 70 West Hoxie, KS 67440 |
All of Section 28 N/2 & SE/4 of Section 33 Sheridan County |
Solomon River Basin |
| Kansas Permit No. A-SOSD-C002 Federal Permit No. KS0117897 |
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| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 80,000 head (80,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include two new waste application fields. 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 |
| Southwest Plains Dairy, LLC 12701 SW CR 32 Syracuse, NE 67878 |
S/2 of Section 2 E/2 of Section 11 W/2 of Section 12 T26S, R43W Hamilton County |
Cimarron River Basin |
| Kansas Permit No. A-CIHM-D004 Federal Permit No. KS0095702 |
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| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 9,000 head (12,600 animal units) of mature dairy cattle and 10,000 head (10,000 animal units) of cattle weighing greater than 700 pounds; for a total of 22,600 animal units of cattle. The facility’s NMP update included changes in the application rate limitations for their fields and the addition of 14 new land application fields. Seven of the field’s application rate limitations have become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
Public Notice No. KS-Q-21-088/089
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 |
| Harshman Construction, LLC 1648 F P Rd. Cedar Point, KS 66843 |
Verdigris River via Buffalo Creek via West Buffalo Creek via Unnamed Tributary |
Process Wastewater |
| Kansas Permit No. I-VE44-PO01 Federal Permit No. KS0092371 |
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| Legal Description: NW¼, S19, T26S, R16E, Woodson County, Kansas | ||
| Facility Name: Pringle 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 with no washing. Outfall 001A1 consists of quarry pit water and stormwater runoff. The proposed permit contains generic language to protect the waters of the state. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Havana, City of PO Box 221 Havana, KS 67347 |
Little Caney River via Bee Creek via Unnamed Tributary |
Treated Domestic Wastewater |
| Kansas Permit No. M-VE21-OO01 Federal Permit No. KS0082571 |
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| Legal Description: NE¼, NW¼, NW¼, S13, T34S, R13E, Montgomery County, Kansas | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli and nitrite + nitrate. | ||
Public Notice No. KS-NQ-21-010
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 |
| Clinton State Park 798 N. 1415 Rd. Lawrence, KS 66049 |
*see below | Non-Overflowing |
| Facility #1 (East): NW¼, NW¼, NE¼, S12, T13S, R18E, Douglas County, Kansas | ||
| Facility #2 (Middle): N½, SW¼, NW¼, S12, T13S, R18E, Douglas County, Kansas | ||
| Facility #3 (West): NW¼, NW¼, NE¼, S11, T13S, R18E, Douglas County, Kansas | ||
| Kansas Permit No. M-KS31-NO03 Federal Permit No. KSJ000402 |
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| The proposed action is to reissue a modified non-discharging State/NPDES permit for an existing facility expansion. This permit covers three two-cell wastewater stabilization lagoon systems. The proposed modified wastewater treatment facility (WWTF) will be a four-cell non-discharging wastewater stabilization lagoon utilizing the two existing cells. One of the existing cells has been previously modified to comply with the maximum seepage rate of less than 1/10 inch per day. The Clinton State Park WWTF has less than ten feet of separation between the bottom of the WWTF cells, but the proposed new cells will have seepage less than 1/10 inch per day. The lagoon cells will be constructed with a 3% bentonite-amended soil liner in the upper 18” of the ponds floor and side slopes. | ||
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 October 30, 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-21-300/307, KS-Q-21-088/089, KS-NQ-21-010) 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 Stuart Klaus, 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. 049463
