Volume 41 - Issue 31 - August 4, 2022
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-22-182
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant |
Owner of Property Where Facility Will Be Located |
| Clay Samson 35500 W. 91st St. DeSoto, KS 66018 |
Intervet dba Merck Animal Health 35500 W. 91st St. DeSoto, KS 66018 |
| Legal Description | Receiving Water |
| SW/4 of Section 29 & NW/4 of Section 32 T12S, R22E Johnson County |
Kansas River Basin |
| Kansas Permit No. A-KSJO-B001 | |
| This is notification KDHE has received a complete permit application for modification but no change to animal units at an existing facility for 1084 animal units which includes 575 head (230 animal units) of swine, and 854 animal units will be made of a combination of cattle, horses, goats, sheep, dogs, cats, rabbits, and rodents at the facility. The complete application can be viewed at the office of the Johnson County Clerk, the KDHE Northeast District Office in Lawrence, Kansas or the KDHE Main Office in Topeka, Kansas. A modified permit will not be issued without additional public notice. | |
Public Notice No. KS-AG-22-183
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant |
Owner of Property Where Facility Will Be Located |
| Sperfslage Farms Mark Sperfslage 1672 Q Rd. Seneca, KS 66538 |
Sperfslage Farms Mark Sperfslage 1672 Q Rd. Seneca, KS 66538 |
| Legal Description | Receiving Water |
| NW/4 of Section 14 T03S, R13E Nemaha County |
Missouri River Basin |
| Kansas Permit No. A-MONM-M022 | |
| This is notification KDHE has received a complete permit application for the expansion of a swine waste management facility capable of 210 head (294 animal units) of mature dairy cattle, 28 head (28 animal units) of cattle weighing greater than 700 pounds, 37 head (18.5 animal units) of cattle weighing 700 pounds or less, 583 head (234 animal units) of swine weighing greater than 55 pounds, and 151 head (15.1 animal units) of swine weighing 55 pounds or less for a total of 598.6 animal units. The complete application can be viewed at the office of the Nemaha County Clerk, the KDHE Northeast District Office in Lawrence, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice. | |
Public Notice No. KS-AG-22-184
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant |
Owner of Property Where Facility Will Be Located |
| Maple Creek Farms, LLC - Roberts 1 #645 – #655 Intersection of Road 2 and Road DD Leoti, KS 67861 |
Maple Creek Farms, LLC 2801 Hurliman Rd. Guymon, OK 73942 |
| Legal Description | Receiving Water |
| NE/4 of Section 31 T20S, R38W Wichita County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAWH-H001 Federal Permit No. KS0094951 |
|
| This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 43,200 head (17,280 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Wichita County Clerk, the KDHE Southwest District Office in Ulysses, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice. | |
Public Notice No. KS-AG-22-185
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant |
Owner of Property Where Facility Will Be Located |
| Maple Creek Farms, LLC - Myers #640 – #641 Intersection of Road 8 and Road CC Leoti, KS 67861 |
Maple Creek Farms, LLC 2801 Hurliman Rd. Guymon, OK 73942 |
| Legal Description | Receiving Water |
| NW/4 of Section 29 T20S, R37W Wichita County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAWH-H007 Federal Permit No. KS0095095 |
|
| This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 32,400 head (12,960 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Wichita County Clerk, the KDHE District Office in Ulysses, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice. | |
Public Notice No. KS-AG-22-186
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant |
Owner of Property Where Facility Will Be Located |
| Maple Creek Farms, LLC - Holland #662 – #664 Intersection of Road 1 and Road 5 Leoti, KS 67861 |
Maple Creek Farms, LLC 2801 Hurliman Rd. Guymon, OK 73942 |
| Legal Description | Receiving Water |
| SE/4 of Section 34 T20S, R38W Wichita County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAWH-H006 Federal Permit No. KS0095796 |
|
| This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 43,200 head (17,280 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Wichita County Clerk, the KDHE Southwest District Office in Ulysses, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice. | |
Public Notice No. KS-AG-22-187
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant |
Owner of Property Where Facility Will Be Located |
| Western Pig Company 10448 Road W13 Norcatur, KS 67653 |
Steven L. Cox Trust #1 1476 K-383 Hwy. Long Island, KS 67647 |
| Legal Description | Receiving Water |
| NE/4 of Section 28 T02S, R25W Norton County |
Upper Republican River Basin |
| Kansas Permit No. A-URNT-H002 Federal Permit No. KS0092771 |
|
| This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 8,400 head (3,360 animal units) of swine weighing more than 55 pounds each and 3,600 head (360 animal units) of swine weighing less than 55 pounds each. The complete application can be viewed at the office of the Norton County Clerk, the KDHE District Office in Hays, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice. | |
Public Notice No. KS-AG-22-188/195
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Brian Ottley 1840 CR 12 Oakley, KS 67748 |
E/2 of Section 06 & SW/4 of Section 05 T13S, R31W Gove County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHGO-C013 Federal Permit No. KS0300002 |
||
| The proposed action is to issue a new State/NPDES permit for a facility for 5000 head (5000 animal units) of beef cattle weighing more than 700lbs. The facility will consist of a feed storage area, manure storage area, open lot pens and a waste management system consisting of a settling basin and a wastewater retention control structure. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| J&C Farm & Livestock, Inc. Justin Wiebe 13620 NW Santa Fe Lake Rd. Whitewater, KS 67514 |
NW/4 of Section 30 T23S, R04E Butler County |
Walnut River Basin |
| Kansas Permit No. A-WABU-C019 Federal Permit No. KS0300003 |
||
| The proposed action is to issue a new NPDES permit for a facility for 2,500 head (2,500 animal units) of cattle weighing more than 700 pounds. The proposed construction includes, open lot pens and a waste management system consisting of a sediment basin and a wastewater retention structure. See Section F. for the construction activity schedule of compliance. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Nelson Circles, Inc. Bo Nelson 1566 210th Ave. Lewis, KS 67552 |
SW/4 of Section 21 & NW/4 of Section 28 T26S, R17W Edwards County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARED-C002 Federal Permit No. KS0088251 |
||
| The proposed action is to modify and reissue an existing NPDES permit for a facility for 5,500 head (5,500 animal units) of cattle weighing more than 700 pounds. Proposed facility modifications are regarding the West Sediment Basin and Southwest open lot area. There is no change in the permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Eilert Cattle Company 20505 Hunting Rd. Wamego, KS 66547 |
NW/4 of Section 06 T09S, R11E Pottawatomie County |
Kansas River Basin |
| Kansas Permit No. A-KSPT-C004 Federal Permit No. KS0093751 |
||
| The proposed action is to reissue an existing state permit for an existing facility for 4,000 head (4,000 animal units) of cattle greater than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Rodney Anderson 1306 1300 Ave. Abilene, KS 67410 |
NW/4 of Section 06 T15S, R03E Dickinson County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHDK-B015 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 300 head (120 animal units) of swine more than 55 pounds and 250 head (125 animal units) of cattle 700 pounds or less, for a total of 550 head (245 animal units) of swine and cattle. 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 |
| J-Six Enterprises, LLC – Oberg Site Jennifer A. Gerety 60 Heritage Rd. Clifton, KS 66937 |
E/2 of SW/4 of Section 33 T05S, R02E Washington County |
Lower Republican River Basin |
| Kansas Permit No. A-LRWS-S041 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 animal units) of swine weighing greater than 55 pounds. 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 |
| Berk, Inc. 1990 Noble Rd. Concordia, KS 66901 |
NE/4 of Section 29 T06S, R02W Cloud County |
Lower Republican River Basin |
| Kansas Permit No. A-LRCD-H002 Federal Permit No. KS0093696 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 7,200 head (2,880 animal units) of swine weighing more than 55 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Bloom Farms 564 R Rd. Goff, KS 66428 |
NW/4 of Section 12 T05S, R13E Nemaha County |
Kansas River Basin |
| Kansas Permit No. A-KSNM-C001 Federal Permit No. KS0098736 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 1,450 head (1,450 animal units) of cattle weighing 700 pounds each. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
Public Notice No. KS-AG-R-22-012
Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:
| Name and Address of Registrant |
Legal Description | Countyr |
| Curtis Selensky 2399 CR 56 Park, KS 67751 |
NE/4 of Section 11 T12S, R28W |
Gove |
Public Notice No. KS-Q-22-063
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 |
| Miami County RWD #2 25290 Harmony Rd. Paola, Kansas 66071 |
Marais des Cygnes River via Hillsdale Lake via unnamed tributary |
Process Wastewater |
| Kansas Permit No. I-MC33-PO18 Federal Permit No. KS0200004 |
||
| Legal Description: NE¼, SE¼, S18, T16S, R23E, Miami County, Kansas | ||
| The proposed action is to issue a new State/NPDES permit for a new facility. This is an existing surface water treatment plant, with a design flow of 6 MGD (million gallons per day), that treats water from the Hillsdale Reservoir. The treatment process is being expanded, including the installation of an underground concrete clear well complex, which includes installation of a chlorine contact basin with disinfection systems, two clear wells, a wet well and a backwash and high service pumps. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses. The proposed permit contains limits for total residual chlorine, total suspended solids, pH, and flow. | ||
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 September 3, 2022, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-182/195, KS-AG-R-22-012, KS-Q-22-063) 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 Paige Drury, 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 Mirina Landry 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 Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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.kdhe.ks.gov/livestock. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.
Janet Stanek
Secretary
Doc. No. 050392
