Publications iconKansas Register

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