Publications iconKansas Register

Volume 40 - Issue 5 - February 4, 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-21-039/051

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
J-Six Enterprises, LLC – J-Six Land Holding Series - Carlson Site
Jennifer A. Gerety
604 Nemaha St.
PO Box 170
Seneca, KS 66538
NE/4 of Section 30
T04S, R05E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S063
This is a renewal permit for a swine facility with the maximum capacity for 2,490 head (996 animal units) of swine weighing greater than 55 pounds. The facility consists of two enclosed swine buildings and a loadout facility. Manure and accumulated waste are collected and stored in two underground concrete pits. There has been no change in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
J-Six Enterprises, LLC – J-Six Land Holding Series - Martin Site
604 Nemaha St.
PO Box 170
Seneca, KS 66538
NE/4 of Section 17
T04S, R01E
Washington County
Kansas-Republican
River Basin
Kansas Permit No. A-LRWS-S040
This is a renewal permit for an existing facility for 2,490 (996 animal units) of swine weighing more than 55 pounds. Facility consists of two finish buildings approximately 41’ x 253’. There has been no change in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Quivira Pork, LLC
1795 Quail Ave.
Washington, KS 66968
NW/4 of Section 26
T01S, R03E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S044
This is a renewal permit for an existing facility with the maximum capacity of 1,644 head (657.6 animal units) of swine weighing greater than 55 pounds, and 2,240 head (224 animal units) of swine weighing 55 pounds or less; for a total of 881.6 animal units of swine. This facility consists of four enclosed swine buildings and a partially open mortality composting building. The waste management system includes concrete collection pits, waste transfer pipelines, an earthen waste storage pond, and a grass buffer area. The animal units have not changed since the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
JO Cattle Company, Inc.
Larry C. Jones
PO Box 7
Holcomb, KS 67851
NE/4 of Section 11
T24S, R34W
Finney County
Upper Arkansas River Basin
Kansas Permit No. A-UAFI-B007
This is a renewal permit for an existing facility for the maximum capacity of 999 head (999 animal units) of cattle weighing greater than 700 pounds. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Frank Farms, Inc.
C. Steve Frank
12955 Turkey Hollow Rd.
Westmoreland, KS 66549
SE/4 of Section 12
T08S, R08E
Pottawatomie County
Kansas River Basin
Kansas Permit No. A-KSPT-S020
This is a renewal permit for an existing facility with 1,600 head (640 animal units) of swine weighing more than 55 pounds each; 800 head (80 animal units) of swine weighing less than 55 pounds each; and 224 head (224 animal units) of cattle weighing more than 700 pounds each; for a total of 944 animal units. There has been no change to the animal units since the last permit.
Name and Address
of Applicant
Legal Description Receiving Water
S & W Swine, LLC
Dale Springer
5816 CR 3300
Independence, KS 67301
SE/4 of Section 16
T31S, R15E
Montgomery County
Verdigris River Basin
Kansas Permit No. A-VEMG-S041
This is a renewal permit for an existing facility for 1,760 head (704 animal units) of swine weighing more than 55 pounds and 2,050 head (205 animal units) of swine weighing 55 pounds or less for a total permitted maximum capacity of 3,810 head (909 animal units). There has been no change in the animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Quinkan Land & Cattle, LLC
Troy Ikenberry
714 Castle Rock St.
Quinter, KS 67752
E/2 of Section 36
T11S, R27W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-B021
This is a renewal permit for an existing facility with a maximum capacity of 300 head (300 animal units) of cattle more than 700 pounds and 680 head (340 animal units) of cattle 700 pounds or less, for a total of 640 animal units. There has been no change in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Keeott Farms, Inc.
970 18th Rd.
Clay Center, KS 67432
SE/4 of Section 29
and NE/4 of Section 32
T07S, R02E
Clay County
Lower Republican River Basin
Kansas Permit No. A-LRCY-B009
This is a renewal permit for an existing facility with a maximum capacity of 650 head (650 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
Foote Cattle Company
Robert Foote
PO Box 11
Bucyrus, KS 66013
N/2 of Section 23
T15S, R24E
Miami County
Marais des Cygnes River Basin
Kansas Permit No. A-MCMI-B004
This is a renewal permit for an existing facility with a maximum capacity of 900 head (450 animal units) of cattle 700 pounds or less, and 10 head (20 animal units) of horses, for a total of 910 head (470 animal units) of cattle and horses. There has been no change in the permitted animal units from the previous permit cycle.
Name and Address
of Applicant
Legal Description Receiving Water
Morgan Creek Farms, LLC
Kevin Morgan
877 Quail Rd.
Hope, KS 67451
NE/4 of Section 25
T15S, R03E
Dickinson County
Smoky Hill River Basin
Kansas Permit No. A-SHDK-B021
This is a renewal permit for an existing facility with a maximum capacity of 950 head (950 animal units) of cattle 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
Holopirek Cattle Company
Jay Holopirek
1688 CR 280
Timken, KS 67575
NE/4 of Section 36
T18S, R18W
Rush County
Upper Arkansas River Basin
Kansas Permit No. A-UARH-B018
This is a renewal permit for an existing facility with a maximum capacity of 999 head (499.5 animal units) of cattle weighing less than 700 pounds. Waste accumulations are diverted through a sedimentation channel to a single cell earthen retention structure. There has been no change in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Ronald Holling
2105 W. 70th Dr.
Alton, KS 67623
NE/4 of Section 9
T07S, R14W
Osborne County
Solomon River Basin
Kansas Permit No. A-SOOB-S004
The proposed action is to reissue an existing state permit for an existing facility for 80 head (32 animal units) of swine weighing more than 55 pounds and 30 head (3 animal units) of swine weighing 55 pounds or less; for a total maximum capacity of 35 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
Goering Land & Cattle
Greg Goering
1066 18th Ave.
McPherson, KS 67460
NW/4 of Section 7
T20S, R02W
McPherson County
Little Arkansas River Basin
Kansas Permit No. A-LAMP-B003
The proposed action is to reissue an existing state permit for an existing facility for 150 head (150 animal units) of cattle weighing more than 700 pounds, 300 head (150 animal units) of cattle weighing less than 700 pounds, and one horse (2 animal units); for a total maximum capacity of 302 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.

Public Notice No. KS-Q-21-004/006

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
Legal Description Receiving Water
Alsop Sand Company, Inc.
105 Industrial Rd.
Concordia, KS 66901
Republican River Process Wastewater
Kansas Permit No. I-LR22-PO02
Federal Permit No. KS0101915
Legal Description: SE¼ of the NW¼ of S5, T4S, R4W, Republic County, Kansas
Facility Name: Nordman Limestone Company
The proposed action is to issue a new State/NPDES permit for a new facility. This facility is a limestone quarrying and crushing operation with no rock washing. Outfall 001A1 consists of pit water and stormwater runoff only. This site has been in place for many years but has never been permitted. Therefore, an anti-degradation study is not being required. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Legal Description Receiving Water
Bonner Springs, City of
PO Box 38
Bonner Springs, KS 66012
Kansas River Process Wastewater
Kansas Permit No. I-KS06-PO07
Federal Permit No. KS0099791
Legal Description: SW¼, SW¼, S28, T11S, R23E, Wyandotte County, Kansas
Facility Name: City of Bonner Springs Water Treatment Plant
Facility Location: 12401 Kaw Dr., Bonner Springs, KS 66012
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a 1.44 MGD public water treatment plant that treats and removes iron and manganese from well water, using oxidants and high-pressure filtration. Chemicals used in the treatment process include chlorine, sodium fluoride, potassium permanganate, polymers, phosphates, ammonium sulfate and zinc orthophosphate for corrosion control. Sodium Bisulfate is added to the settling tank to reduce the chlorine residual. The proposed permit contains limits for total residual chlorine, total suspended solids, and pH.
Name and Address
of Applicant
Legal Description Receiving Water
Liberal, City of
324 N. Kansas
Liberal, KS 67905-2199
Cimarron River via
Unnamed Tributary via
Constructed Wetland Area
Treated Domestic Wastewater
Kansas Permit No. M-CI10-OO02
Federal Permit No. KS0080870
Legal Description: SW¼, SW¼, SW¼, S27, T34S, R33W, Seward County, Kansas (Mech. Plant)
SE¼, S3, T34S, R32W, Seward County, Kansas (Arkalon Wetlands Area)
Facility Location: 1701 Country Estates Rd. (existing facility)
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical plant consisting of an activated sludge process with chlorine disinfection of the effluent, anaerobic sludge digestion and a peak wet weather holding basin. This re-issued permit includes interim effluent limitations to apply to the present wastewater treatment facilities, a schedule of compliance requiring construction of a new and improved wastewater treatment facility, and final effluent limitations for the new plant which is designed for nutrient removal. The proposed facility will be constructed on the site immediately south of the existing wastewater treatment plant. It will be designed for biological nutrient removal and also include chemical precipitation of phosphorus. Effluent discharged from the proposed facility will flow through either a gravity effluent sewer line or force main approximately nine miles long to discharge to a constructed polishing pond at the Arkalon Wetlands are and ultimately be discharged to an unnamed tributary of the Cimarron River. The Arkalon Ethanol plant will have access to effluent from the two wastewater treatment plant effluent lines for agricultural irrigation use. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, whole effluent toxicity, priority pollutants, and E. coli, as well as monitoring for total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total residual chlorine, chloride, flow, and selenium.

Public Notice No. KS-EG-21-001

In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address of Applicant Legal Description
Compass Minerals America, Inc.
9900 W. 109th St.
Overland Park, KS 66210
Permit No. KS-03-159-CJG
Legal Description: J-123: NW, SE, NE, S15, T20S, R8W, Rice County, Kansas
J-124: NE, SE, NE, S15, T20S, R8W, Rice County, Kansas
J-125: SW, NE, NE, S15, T20S, R8W, Rice County, Kansas
J-126: SW, NE, NE, S15, T20S, R8W, Rice County, Kansas
J-127: NW, NE, NE, S15, T20S, R8W, Rice County, Kansas
J-128: NW, NE, NE, S15, T20S, R8W, Rice County, Kansas
Well Number Location
J-123 Latitude: 38.31335”
Longitude: -98.18775”
J-124 Latitude: 38.31417”
Longitude: -98.18777”
J-125 Latitude: 38.31508”
Longitude: -98.18778”
J-126 Latitude: 38.31599”
Longitude: -98.18779”
J-127 Latitude: 38.31689”
Longitude: -98.18780”
J-128 Latitude: 38.31780”
Longitude: -98.18781”
Facility Description: The proposed action is to reissue six existing Class III Injection Well permits for the wells listed above. Injection of fresh water and unsaturated brine is to be made into the Hutchinson Salt member of the Wellington formation. Mining shall not extend into the upper 50 feet of the salt deposit. The maximum operational injection pressure is not to exceed 250 pounds per square inch at the wellhead. The Wellington formation consists of inter-bedded salt and shale deposits with minor amounts of gypsum. The upper portion of the formation is primarily clayey shale with small amounts of gypsum present. The lower portion, which is known as the Hutchinson Salt member, is mainly salt with inter-bedded shale deposits. The salt deposits are first encountered about 695 feet below ground surface and extend to a depth of about 995 feet. All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class III Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-45 and other requirements of KDHE.

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 March 6, 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-21-039/051, KS-Q-21-004/006, KS-EG-21-001) 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. 048832