Publications iconKansas Register

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
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
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
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
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
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
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
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
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
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
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
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