Publications iconKansas Register

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