Volume 40 - Issue 6 - February 11, 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-21-052/066
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Rock-Home Holsteins 2364 K-15 Hwy. Hillsboro, KS 67063 |
NW/4 of Section 9 T19S, R02E Marion County |
Neosho River Basin |
| Kansas Permit No. A-NEMN-M026 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 245 head (245 animal units) of cattle weighing more than 700 pounds and 90 head (45 animal units) of cattle weighing less 700 pounds; for a total maximum capacity of 290 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 |
| Ed Wait 15160 SW 10th Benton, KS 67017 |
SE/4 of Section 5 T26S, R03E Butler County |
Walnut River Basin |
| Kansas Permit No. A-WABU-S041 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 1,150 head (460 animal units) of swine weighing more than 55 pounds and 200 head (20 animal units) of swine weighing 55 pounds or less; for a total maximum capacity of 1,350 head (480 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 Waste Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Pete’s Feedyard – Rosie Clair Estate Lloyd Clair 10113 Marshall Rd. Ensign, KS 67841 |
NW/4 of Section 5 T27S, R26W Ford County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAFO-B011 | ||
| This is a renewal permit for an existing facility with the maximum capacity of 998 head (998 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 |
| Jost Farm James O. Jost 2646 AA Ave. Burdick, KS 66838 |
NE/4 of Section 12 T17S, R05E Morris County |
Neosho River Basin |
| Kansas Permit No. A-NEMR-B007 | ||
| This is a renewal permit for an existing facility for the maximum capacity of 480 head (480 animal units) of beef 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 |
| Anthony Wiebe 557 Frontier Rd. McPherson, KS 67460 |
NE/4 of Section 12 T20S, R05W McPherson County |
Little Arkansas River Basin |
| Kansas Permit No. A-LAMP-B008 | ||
| This is a renewal permit for an existing facility with a maximum capacity of 80 head (80 animal units) of cattle more than 700 pounds and 80 head (40 animal units) of cattle 700 pounds or less; for a total of 120 animal units. There has been no change in animal units from the previous permit cycle. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Dale Love 14010 Lake Cable Rd. Partridge, KS 67566 |
SW/4 of Section 31 T24S, R07W Reno County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARRN-S009 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 800 head (320 animal units) of swine weighing more than 55 pounds and 400 head (40 animal units) of swine weighing 55 pounds of less; for a total of 1,200 head (360 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 Waste Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Aue Farms Weldon Aue 3070 Chickadee Rd. Morrill, KS 66515 |
NE/4 of Section 16 T01S, R15E Brown County |
Missouri River Basin |
| Kansas Permit No. A-MOBR-B004 | ||
| This is a renewal permit for an existing facility with the maximum capacity of 250 head (125 animal units) of beef cattle 700 pounds or less. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Becker Family Farms, Inc. Donald Becker 680 E. Rd. Centralia, KS 66415 |
N/2 of the NW/4 of Section 2 T05S, R11E Nemaha County |
Kansas River Basin |
| Kansas Permit No. A-KSNM-S016 | ||
| This is a renewal permit for an existing facility for the maximum capacity of 732 head (292.8 animal units) of swine weighing more than 55 pounds and 960 head (96 animal units) of swine 55 pounds or less, for a total of 388.8 animal units. There has been no change in the permitted animal units. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Rethman Farms, Inc. Douglas and Deborah Rethman 1157 120th Rd. Seneca, KS 66538 |
SE/4 of Section 14 T03S, R12E Nemaha County |
Missouri River Basin |
| Kansas Permit No. A-MONM-S001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 1,720 head (688 animal units) of swine more than 55 pounds and 840 head (84 animal units) of swine weighing 55 pounds or less; for a total maximum capacity of 772 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 |
| Eckman Dairy Steve and Nancy Eckman 825 E. 1600 Rd. Baldwin City, KS 66006 |
SE/4 of Section 5 T14S, R20E Douglas County |
Kansas River Basin |
| Kansas Permit No. A-KSDG-M005 | ||
| This is a renewal permit for an existing facility with the maximum capacity of 85 head (119 animal units) of mature dairy cattle and 36 head (18 animal units) of cattle weighing 700 pounds or less, for a total of 137 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 |
| Boot Hill Feeders Connie Kuhlman 20041 SW C Rd. Jetmore, KS 67854 |
S/2 of Section 23 and SE/4 of Section 22 T24S, R25W Hodgeman County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAHG-C003 Federal Permit No. KS0115347 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 17,000 head (17,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitations for four fields. The field’s 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 |
| McCarty Family Farms Ken McCarty 2231 CR 31 Rexford, KS 67753 |
SW/4 of Section 18 T07S, R31W Thomas County |
Solomon River Basin |
| Kansas Permit No. A-SOTH-D001 Federal Permit No. KS0095150 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 10,800 head (15,120 animal units) of mature dairy cattle; 1,700 head (1,700 animal units) of dairy cattle weighing more than 700 pounds; and 100 head (50 animal units) of dairy cattle weighing 700 pounds or less; for a total of 12,600 head (16,870 animal units) of dairy cattle. The facilities’ NMP was updated to include the addition of three new land application fields and less restrictive application rate limitations for two existing fields. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Walt Farms, Inc. Kevin Broeckelman 1028 D Rd. Quinter, KS 67752 |
NW/4 of Section 19 T19S, R25W Graham County |
Saline River Basin |
| Kansas Permit No. A-SAGH-C001 Federal Permit No. KS0100331 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 3,000 head (1,500 animal units) of cattle weighing less than 700 pounds. The facility’s NMP was updated to cover the years 2021 through 2024, updated the methodology for calculating application rates of livestock waste, and revised the maximum application rate limitations for the fields listed in the NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Mongeau Farms, FLP Martin Mongeau 1415 J Rd. Stockton, KS 67669 |
NW/4 of Section 20 T07S, R18W Rooks County |
Solomon River Basin |
| Kansas Permit No. A-SORO-C002 Federal Permit No. KS0097551 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility permitted for a maximum animal unit capacity of 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds and 3,200 head (1,600 animal units) of cattle weighing 700 pounds or less; for a total of 4,400 animal units. The facility’s NMP was updated to include the addition of two new land application fields and a less restrictive application rate limitation for one existing field. There are no changes to the permit or the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Bird City Dairy, LLC Mike McCarty 1440 CR 32 Bird City, KS 67731 |
N/2 of the SW/4 of Section 27 and S/2 of the NW/4 of Section 27 T03S, R37W Cheyenne County |
Upper Republican River Basin |
| Kansas Permit No. A-URCN-D001 Kansas Permit No. KS0099091 |
||
| An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 3,300 head (4,620 animal units) of mature dairy cattle and 300 head (150 animal units) of dairy cattle less than 700 pounds or less; for a total of 4,770 animal units. The facility’s NMP was updated to include a less restrictive application rate limitation change to one field. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. | ||
Public Notice No. KS-AG-R-21-002
Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:
| Name and Address of Applicant |
Legal Description | County |
| Kody Molzahn 25021 180 Rd. Lebanon, KS 66952 |
NW/4 of Section 31 T03S, R11W |
Smith |
Public Notice No. KS-Q-21-007
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 |
| Johnson County Wastewater 11811 S. Sunset Dr., Suite 2500 Olathe, KS 66061-7061 |
Blue River (MO) via Indian Creek |
Treated Domestic Wastewater |
| Kansas Permit No. M-MO27-OO03 Federal Permit No. KS0100854 |
||
| Legal Description: SW¼, S10, T13S, R25E, Johnson County, Kansas | ||
| Facility Name: Tomahawk Creek Wastewater Treatment Facility | ||
| The proposed action is to reissue an existing State/NPDES permit for an existing facility. This existing facility is in the process of being upgraded. Currently all flow is being diverted to the Kansas City, MO (KCMO) Blue River Wastewater Treatment Facility (Outfall 007AV). Following completion of the upgraded facility, this outfall will no longer be active. The upgraded facility will consist of an influent pump station, mechanical fine screens, grit removal, primary clarifiers, BNR activated sludge treatment basins, final clarifiers, anaerobic digestion, tertiary pump station, dual purpose disk filters, chlorine contact basins with sodium hypochlorite disinfection, and cascade reaeration. The proposed permit contains a schedule of compliance stating that following the substantial completion of the project addressed in the Consent Order 15-E-39 BOW, the permittee shall achieve compliance with the final permit limits. The proposed permit contains interim and final limits for biochemical oxygen demand, total suspended solids, pH, ammonia, E. coli, dissolved oxygen, whole effluent toxicity, and total residual chlorine, as well as monitoring for total phosphorous, total Kjeldahl nitrogen, flow, temperature, chloride, nitrate + nitrite, total nitrogen, and priority pollutants. | ||
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 13, 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-21-052/066, KS-AG-R-21-002, KS-Q-21-007) 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. 048848
