Volume 40 - Issue 11 - March 18, 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-21-098/113
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Thielenhaus Brothers, Inc. 3190 Ave. G Bison, KS 67520 |
NE/4 of Section 3 T17S, R17W Rush County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHRH-B007 | ||
| This is a reissued permit for an existing facility with a maximum capacity of 300 head (150 animal units) of beef cattle 700 pounds or less. There has been no change in the permitted animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Boeckman Farms William J. Boeckman 1146 O Rd. Goff, KS 66428 |
SW/4 of Section 9 T04S, R13E Nemaha County |
Missouri River Basin |
| Kansas Permit No. A-MONM-B003 | ||
| This is a reissued permit for an existing facility for a maximum capacity of 70 head (70 animal units) of beef cattle weighing more than 700 pounds, and 50 head (25 animal units) of beef cattle weighing 700 pounds or less, for a total of 95 animal units. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| J-Six Enterprises, LLC – Hermesch Site Jennifer A. Gerety 604 Nemaha St. PO Box 170 Seneca, KS 66538 |
W/2 of Section 10 T05S, R12E Nemaha County |
Kansas River Basin |
| Kansas Permit No. A-KSNM-S027 | ||
| This is a reissued permit for an existing facility with a maximum capacity of 2,400 head (960 animal units) of swine more than 55 pounds. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Compton Hog Farm Steven C. Compton 505 N. 2nd St. Hiawatha, KS 66434 |
SW/4 of Section 35 T03S, R17E Brown County |
Missouri River Basin |
| Kansas Permit No. A-MOBR-S013 | ||
| This is a reissued permit for an existing facility with the maximum capacity of 1,065 head (426 animal units) of swine weighing more than 55 pounds. There has been no change in animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| McKee Dairy Charles and Anita McKee 418 Kansas St. Wetmore, KS 66550 |
NW/4 of Section 18 T05S, R15E Jackson County |
Kansas River Basin |
| Kansas Permit No. A-KSJA-M016 | ||
| This is a reissued permit for an existing facility with a maximum capacity of 30 head (30 animal units) of cattle weighing more than 700 pounds, 35 head (17.5 animal units) of cattle weighing less than 700 pounds, and 60 head (84 animal units) of mature dairy cows for a total of 131.5 animal units. There has been no change in the permitted animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Nellor Farms Dick Nellor 2934 SW 40th St. Cape Corral, FL 33914 |
SW/4 of Section 13 T15S, R22E Johnson County |
Marais des Cygnes River Basin |
| Kansas Permit No. A-MCJO-B003 | ||
| This is a reissued permit for an existing facility with a maximum capacity of 100 head (100 animal units) of beef cattle weighing more than 700 pounds, and 360 head (180 animal units) of beef cattle weighing 700 pounds or less, for a total of 280 animal units. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Andrew Deters 3038 Ridge Rd. Vermillion, KS 66544 |
SW/4 of Section 36 T03S, R10E Marshall County |
Big Blue River Basin |
| Kansas Permit No. A-BBMS-M020 | ||
| This is a reissued permit for an existing facility with a maximum capacity of 60 head (60 animal units) of cattle weighing more than 700 pounds, 60 head (30 animal units) of cattle weighing less than 700 pounds, and 125 head (175 animal units) of mature dairy cattle; for a total of 265 animal units of cattle. There has been no change in the permitted animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Visser Farms, Inc. Vinton Visser 9931 Madison Rd. Riley, KS 66531 |
SW/4 of Section 4 T09S, R06E Riley County |
Kansas River Basin |
| Kansas Permit No. A-KSRL-S007 | ||
| This is a reissued permit for an existing facility with a maximum capacity of 520 head (208 animal units) of swine weighing more than 55 pounds. There has been no change in animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Brethour Ranch, LLC Dr. William Brethour PO Box 125 Maple Hill, KS 66507 |
NW/4 of Section 30 T11S, R13E Wabaunsee County |
Kansas River Basin |
| Kansas Permit No. A-KSWB-B001 | ||
| This is a reissued permit for an existing facility with a maximum capacity of 990 head (990 animal units) of cattle weighing more than 700 pounds. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Bogner Dairy Don Bogner 19019 S. Haven Rd. Haven, KS 67543 |
NE/4 of Section 32 T25S, R04W Reno County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARRN-M031 | ||
| This is a reissued permit for an existing facility for 150 head (210 animal units) of mature dairy cattle, 45 head (45 animal units) of cattle weighing greater than 700 pounds, 45 head (22.5 animal units) of cattle weighing less than 700 pounds and 3 head (6 animal units) of horses for a total of 243 head (283.5 animal units) of cattle and horses. There has been no change in animal units from the previous permit. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Fanshier Pork Randy Fanshier 2008 NW 10th Ave. Great Bend, KS 67530 |
W/2 of Section 4 T21S, R13W Stafford County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UASF-H001 Federal Permit No. KS0095281 |
||
| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,600 head (1,440 animal units) of swine weighing greater than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitation for field Dads West. 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. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Cattle Empire Ranch Roy N. Brown 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. KS00115231 |
||
| 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 the fields. The application rate limitation for Field 30 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 |
| Johnson Growers, LLC Cary Wimmer 548 S. Rd. I Johnson City, KS 67855 |
SE/4 of Section 33, T28S, R40W NE/4 of Section 4 T29S, R40W Stanton County |
Cimarron River Basin |
| Kansas Permit No. A-CIST-C001 Federal Permit No. KS0038415 |
||
| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 42,430 head (42,430 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include the addition of 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 |
| Kinsley Feeders, LLC Derek Martin 1278 P Rd. Kinsley, KS 67547 |
All of Section 13 T25S, R19W Edwards County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAED-C001 Federal Permit No. KS0053562 |
||
| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 36,000 head (36,000 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. The application rate limitations for field K7 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 |
| Douglas Toll PO Box 186 Clifton, KS 66937 |
SW/4 of Section 25 T05S, R01E Washington County |
Lower Republican River Basin |
| Kansas Permit No. A-LRWS-H005 Federal Permit No. KS0079537 |
||
| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,940 head (1,576 animal units) of swine greater than 55 pounds. The facility’s NMP was updated to include changes in the application rate limitations for two fields. The application rate limitations 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 |
| Jewell County Feeders, LLC Randy and Becky Dean 1026 Q Rd. Mankato, KS 66856 |
SW/4 of Section 10 T03S, R09W Jewell County |
Solomon River Basin |
| Kansas Permit No. A-SOJW-C001 Federal Permit No. KS0119695 |
||
| The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,500 head (6,500 animal units) of cattle greater than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for four fields. The application rate limitations 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. | ||
Public Notice No. KS-AG-R-21-003
Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:
| Name and Address of Applicant |
Legal Description | County |
| Carol Klingenberg 1755 30th Peabody, KS 66866 |
NE/4 of Section 26 T22S, R03E |
Marion |
Public Notice No. KS-Q-21-019/021
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 |
| Bob Bergkamp Construction 3709 S. West St. Wichita, KS 67217 |
Upper Arkansas River via Buckner Creek via Saw Log Creek via Unnamed Tributary |
Process Wastewater |
| Kansas Permit No. I-UA17-PO02 Federal Permit No. KS0101826 |
||
| Legal Description: SE¼, S18, T24S, R22W, Hodgeman County, Kansas | ||
| Facility Name: Durler Ranch Quarry | ||
| The proposed action is to issue a new State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with no rock washing. Outfall 001A1 consists of a stormwater runoff and pit water. 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 generic language to protect the waters of the state. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Cargill Meat Solutions Corporation PO Box 1060 Dodge City, KS 67801 |
Arkansas River | Process Wastewater |
| Kansas Permit No. I-UA11-PO10 Federal Permit No. KS0092029 |
||
| Legal Description: SW¼, S4, T27S, R24W, Ford County | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a beef complex slaughterhouse with associated by-product processing. The facility generally routes the treated wastewater to holding ponds for irrigation during the growing season and discharges to the Arkansas River during the winter season. The proposed permit contains a Schedule of Compliance stating that the permittee shall provide an engineering report evaluating the status and reliability of the hide brining wastewater system and the brine pond and providing recommendations for improvement, including an acceptable schedule. The proposed permit contains limits for total suspended solids, biochemical oxygen demand, oil and grease, E. coli, total nitrogen, ammonia, chloride, sulfate, pH, dissolved oxygen, and whole effluent toxicity, as well as monitoring for flow, nitrate + nitrite, total Kjeldahl nitrogen, total phosphorus, fluoride, total recoverable boron, and total dissolved solids. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Leavenworth County RWD #9 PO Box 295 Tonganoxie, KS 66086 |
Kansas River via Stranger Creek via Tonganoxie Creek via Unnamed Tributary |
Process Wastewater |
| Kansas Permit No. I-KS71-PO06 Federal Permit No. KS0100064 |
||
| Legal Description: SE¼, NE¼, S3, T11S, R21E, Leavenworth County, Kansas | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a water treatment plant that removes iron from well water using spray aeration and greensand filtration. The plant discharges filter back wash water to a single cell sediment basin, by turning a valve. This permit is for the controlled discharge of the settled wastewater from the lagoon system. Outfall 001A1 consists of the discharge from the basin. The proposed permit contains limits for total suspended solids and pH, as well as monitoring for lead. | ||
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 April 17, 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-21-098/113, KS-AG-R-21-003 or KS-Q-21-019/021) 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 Matthew Steele Ph.D., P.E., Section Chief, 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. 048946
