Publications iconKansas Register

Volume 40 - Issue 12 - March 25, 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-21-114

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Calvert Swine, LLC
1304 W. Fox Rd.
Long Island, KS 67647
Terry Nelson
1304 W. Fox Rd.
Long Island, KS 67647
Legal Description Receiving Water
SW/4 of Section 19
T02S, 21W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-H008
Federal Permit No. KS0100421
This is notification KDHE has received a complete permit application for the modification of a swine waste management facility capable of housing 9,300 head (3,720 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed online at https://www.kdheks.gov/feedlots/swine_application.htm, at the office of the Norton County Clerk, at the KDHE Northwest District Office in Hays, Kansas and the KDHE Central Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-21-115/128

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Slate Hill Feeders, LLC
784 K-181 Hwy.
Tipton, KS 67485
SW/4 of Section 29
T08S, R10W
Mitchell County
Solomon River Basin
Kansas Permit No. A-SOMC-C006
Federal Permit No. KS0101923
The proposed action is to issue a new State/NPDES permit for a facility for 3,000 head (3,000 animal units) of cattle weighing greater than 700 pounds. The facility will consist of four enclosed cattle confinement buildings with concrete manure storage areas. All solid manure and used bedding waste will be stored in the buildings or concrete manure storage areas until exported. This facility has an approved Nutrient Management Plan on file with KDHE. 
Name and Address
of Applicant
Legal Description Receiving Water
Soper Farms
Carroll W. Soper, Jr.
6127 NE Belleview Rd.
Scammon, KS 66773
SW/4 of Section 19
T32S, R25E
Cherokee County
Neosho River Basin
Kansas Permit No. A-NECK-F022
This is a reissued permit for an existing facility with a maximum capacity of 22,000 head (396 animal units) of turkeys. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Miller Farms
Wes Miller
6840 CR K
Quinter, KS 67752
NW/4 of Section 32
T14S, R26W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-B025
This is a reissued permit for an existing facility with the maximum capacity of 419 head (419 animal units) of cattle more than 700 pounds, and 580 head (290 animal units) of cattle 700 pounds or less, for a total of 999 head (709 animal units). There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
David Delong Feedlot
David Delong
1285 Road 210
Emporia, KS 66801
NE/4 of Section 25
T18S, R11E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-B002
This is a reissued permit for an existing facility for a maximum capacity of 950 head (950 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
Denison Farms
Charles S. Denison
347 Road 310
Council Grove, KS 66846
NW/4 of Section 4
T17S, R10E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-B007
The proposed action is to reissue an existing state permit for an existing facility for 590 head (295 animal units) of cattle 700 pounds or less. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Wondraful Pork Systems
Kelly Wondra
419 NE 100th Ave.
Ellinwood, KS 67526
SW/4 of Section 18
T19S, R12W
Barton County
Upper Republican River Basin
Kansas Permit No. A-UABT-S008
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.
Name and Address
of Applicant
Legal Description Receiving Water
Kevin Hlavaty
777 NW 100th Ave.
Olmitz, KS 67564
NE/4 of Section 22
T18S, R15W
Barton County
Upper Arkansas River Basin
Kansas Permit No. A-UABT-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle 700 pounds or less. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
FBN Hogs
302 N. York
Oberlin, KS 67749
NW/4 of Section 2
T03S, R29W
Decatur County
Upper Republican River Basin
Kansas Permit No. A-URDC-S007
The proposed action is to reissue an existing state permit for an existing facility for 990 head (396 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
Illinois Valley Farms, Inc.
Steve Holthaus
1387 K4 Rd.
Seneca, KS 66538
NW/4 of Section 35
T03S, R12E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-S025
The proposed action is to reissue an existing state permit for an existing facility for 2,081 head (832.4 animal units) of swine weighing more than 55 pounds and 1,400 head (140 animal units) of swine weighing 55 pounds or less, for a total maximum capacity of 3,481 head (972.4 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
Ed Goetz
1742 W. Road 90 S
Grainfield, KS 67737
SW/4 of Section 28
T09S, R28W
Sheridan County
Saline River Basin
Kansas Permit No. A-SASD-S001
The proposed action is to reissue an existing state permit for an existing facility for 910 head (91 animal units) of swine weighing 55 pounds or less and 1,225 head (490 animal units) of swine weighing more than 55 pounds for a total maximum capacity of 581 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
Schmitz Dairy
Joseph Schmitz
2912 Limestone Rd.
Axtell, KS 66403
SE/4 & SW/4 of Section 35
T02S, R10E
Marshall County
Big Blue River Basin
Kansas Permit No. A-BBMS-M021
The proposed action is to reissue an existing state permit for an existing facility for 110 head (154 animal units) of mature dairy cattle, 70 head (70 animal units) of dairy heifers, 94 head (47 animal units) of dairy calves, and 10 head (20 animal units) of horses, for a total of 291 animal units. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Coe Farms
Kyle Coe
1127 286th Rd.
Soldier, KS 66540
NE/4 of Section 6
T06S, R13E
Jackson County
Kansas River Basin
Kansas Permit No. A-KSJA-B009
The proposed action is to reissue an existing state permit for an existing facility for 289 head (289 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.
Name and Address
of Applicant
Legal Description Receiving Water
Felbush Family Farms
1627 K-15 Hwy.
Abilene, KS 67410
SE/4 of Section 31
T14S, R02E
Dickinson County
Smoky Hill River Basin
Kansas Permit No. A-SHDK-B027
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 animal units) of beef cattle weighing more than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Larson Angus Ranch
195 Road 26
Sharon Springs, KS 67758
NE/4 of Section 36
T15S, R39W
Wallace County
Smoky Hill River Basin
Kansas Permit No. A-SHWA-B003
The proposed action is to reissue an existing state permit for an existing facility for 450 head (450 animal units) of cattle weighing greater than 700 pounds, 500 head (250 animal units) of cattle weighing less than 700 pounds, and 10 head (20 animal units) of horses; for a total of 960 head (720 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.

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 24, 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-21-114/128) 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. 048954