Government Website icon

The .gov means it's official.
A .gov website belongs to an official government organization in the United States.

Padlock icon

The site is secure.
The https:// or lock icon ensures you're safely connected to the website and any information you provide is encrypted.

Publications iconKansas Register

Volume 41 - Issue 36 - September 8, 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-22-220

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 - Spradling #658-659
Intersection of Road 5 and Road CC
Leoti, KS 67861
Maple Creek Farms, LLC
2801 Hurliman Rd.
Guymon, OK 73942
Legal Description Receiving Water
SW/4 of Section 23
T20S, R38W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H008
Federal Permit No. KS0095109
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 Dodge City, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-221

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 2 #656
Intersection of Road 1 and Road 3
Leoti, KS 67861
Maple Creek Farms, LLC
2801 Hurliman Rd.
Guymon, OK 73942
Legal Description Receiving Water
SE/4 of Section 32
T20S, R38W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H002
Federal Permit No. KS0095079
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 21,600 head (8,640 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 Dodge City, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-222

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 - Woelk #660-661
Intersection of Road 3 and Road Z
Leoti, KS 67861
Maple Creek Farms, LLC
2801 Hurliman Rd.
Guymon, OK 73942
Legal Description Receiving Water
SE/4 of Section 05
T20S, R38W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H004
Federal Permit No. KS0095419
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing a maximum capacity not to exceed 43,200 head (4,320 animal units) of weaned pigs weighing 70 pounds or less or 21,600 head (8,640 animal units) of finishing swine weighing on average 150 pounds. The complete application can be viewed at the office of the Wichita County Clerk, the KDHE Southwest District Office in Dodge City, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-223/232

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Maple Creek Farms, LLC - Myers #640-641
Intersection of Road 8 and Road CC
Leoti, KS 67861
NW/4 of Section 29
T20S, R37W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H007
Federal Permit No. KS0095095
The proposed action is to modify and reissue an existing NPDES permit for an expanding facility for 32,400 head (12,960 animal units) of swine weighing more than 55 pounds each. This facility is being modified for process wastes and wastewaters from the existing twenty-five (25) enclosed confinement buildings to be transferred to 1 new earthen wastewater retention structures that will be utilized as a covered anaerobic digester before wastewater is transferred to 1 existing earthen wastewater structure. There is no change in the permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Meade County Feeders I
Andi Gorman
10096 18 Rd.
Meade, KS 67864
W/2 of Section 23
T31S, R28W
Meade County
Cimarron River Basin
Kansas Permit No. A-CIME-C002
Federal Permit No. KS0115886
The proposed action is to reissue an existing state permit for an existing facility for 12,000 head (12,000 animal units) of cattle weighing more 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
Meade County Feeders II
Todd Gorman
10096 18 Rd.
Meade, KS 67864
NE/4 of Section 10
T32S, R29W
Meade County
Cimarron River Basin
Kansas Permit No. A-CIME-C001
Federal Permit No. KS0118478
The proposed action is to reissue an existing state permit for an existing facility for 4,400 head (4,400 animal units) of cattle weighing more 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
Nelson Farms, Inc. – Burd Site
N. Terry Nelson
1304 W. Fox Rd.
Long Island, KS 67647
NW/4 of Section 33
T01S, R22W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-H005
Federal Permit No. KS0094129
The proposed action is to reissue an existing NPDES permit for an existing facility 7,680 head (3,072 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
Driftwood Cattle Company, LLC
Derick McCauley
22231 Road R
Kismet, KS 67859
SW/4 of Section 36
T31S, R32W
Seward County
Cimarron River Basin
Kansas Permit No. A-CISW-C008
Federal Permit No. KS0098388
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,500 head (1,250 animal units) of cattle weighing less 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
J-Six Enterprises, LLC – Ouellette Site
Jennifer Gerety
505 Upland Rd.
Greenleaf, KS 66943
SE/4 of Section 04
T05S, R04E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S060
The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 animal units) of swine 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
J-Six Enterprises, LLC – Gudenkauf Site
Jennifer Gerety
666 I Rd.
Corning, KS 66417
NW/4 of Section 04
T05S, R12E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S038
The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 animal units) of swine 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 Waste Management Plan on file with KDHE. 
Name and Address
of Applicant
Legal Description Receiving Water
D&L Farms
D&L Partnership
13305 Road Z
Colby, KS 67701
SW/4 of Section 05
T05S, R23W
Norton County
Solomon River Basin
Kansas Permit No. A-SONT-B007
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle more 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Dale Haverkamp
2100 96th Rd.
Goff, KS 66428
NW/4 of Section 04
T04S, R14E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S032
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 animal units) of swine 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
KRB Pork, Inc.
4th and Jade Rd.
Palmer, KS 66962
SE/4 of Section 10
T05S, R02E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-H007
Federal Permit No. KS0094956
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. One of the field’s application rate limitation became 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.

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 8th, 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-22-220/232) 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. 050500