An official State of Kansas government website.

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

Print icon

Volume 43 - Issue 9 - February 29, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-24-046/053

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Talley Feedlot
Wade Talley
2313 96th Rd.
Sabetha, KS 66534		 SW/4 of Section 35
T03S, R14E
Nemaha County		 Kansas River Basin
Kansas Permit No. A-KSNM-B009
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. The existing pens are proposed for abandonment and relocation to a higher elevation. The new pens will consist of 9 acres of open dirt lots, diversion channels, a sediment basin, and an earthen retention control structure. The feedlot area will consist of five (5) pen areas, one (1) feed storage area, one (1) manure stockpile area, and two (2) confinement buildings (East and West). Stormwater diversion channels divert freshwater runoff to natural channels that flow about 1/4th mile south joining Muddy Creek. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Stefan Busenitz
17093 NW Shumway Rd.
Burns, KS 66840		 SE/4 of Section 02
T23S, R04E
Butler County		 Walnut River Basin
Kansas Permit No. A-WABU-S042
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 200 head (200 animal units) of cattle weighing more than 700 pounds and 199 head (99.5 animal units) of cattle weighing less than 700 pounds for a facility total of 299.5 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to decommission the swine operation and incorporate approximately 2.0-acres of open lot pens. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Dunn Swine, LLC
Leon Dunn
863 NW 10th Ave.
St. John, KS 67576		 NE/4 of Section 05
T23S, R13W
Stafford County		 Lower Arkansas River Basin
Kansas Permit No. A-ARSF-H001
Federal Permit No. KS0089958
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,855 head (742 animal units) of swine weighing greater than 55 pounds and 2,675 head (267.5 animal units) of swine weighing 55 pounds or less; for a total of 1,009.5 animal units of swine. 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
Rempe Hog Heaven
Daniel and Marlene Rempe
595 K Rd.
Corning, KS 66417		 NE/4 of Section 10
T05S, R12E
Nemaha County		 Kansas River Basin
Kansas Permit No. A-KSNM-S034
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
Pork Palace
Daniel and Marlene Rempe
1306 64th Rd.
Corning, KS 66417		 NW/4 of Section 30
T04S, R13E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-S074
The proposed action is to reissue an existing state permit for an existing facility for 2,499 head (999.6 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Farwell Farms
Terry Farwell
2980 K-63 Hwy.
Seneca, KS 66538		 SE/4 of Section 10
T01S, R12E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-S032
The proposed action is to reissue an existing state permit for an existing facility for 562 head (224.8 animal units) of swine more than 55 pounds, 1,000 head (100 animal units) of swine 55 pounds or less, 180 head (180 animal units) of cattle more than 700 pounds, and 50 head (25 animal units) of cattle 700 pounds or less, for a total of 530 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
Cheney Feed Yard
12500 S. Kansas Rd.
Scott City, KS 67871		 NW/4 of Section 24
T20S, R33W
Scott County		 Upper Arkansas River Basin
Kansas Permit No. A-UASC-C026
Federal Permit No. KS0097063
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 1,500 head (1,500 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 their fields. One of the field’s application rate limitation became 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.
Name and Address
of Applicant		 Legal Description Receiving Water
Cattle Empire North
2229 Road BB
Satanta, KS 67870		 E/2 of Section 19
T30S, R34W
Haskell County		 Cimarron River Basin
Kansas Permit No. A-CIHS-C006
Federal Permit No. KS0115231
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 17,500 head (17,500 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 their fields. One of the fields’ application rate limitation 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.

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 March 30, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-24-046/053) 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 Casey Guccione, 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 Andrew Bowman 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 Jada Martin at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE: 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico: kdhe.feedlots@ks.gov; por teléfono: 785-296-6432. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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
Department of Health and Environment

Doc. No. 051899

Secretary of State Seal