Publications iconKansas Register

Volume 40 - Issue 13 - April 1, 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-21-129

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

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
N. Terry Nelson
1304 W. Fox Rd.
Long Island, KS 67647
Stillwater Swine
(Nelson Farms, Inc.)
7755 Road E13
Almena, KS 67622
Legal Description Receiving Water
SW/4 of Section 12
T02S, R21W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-H010
Federal Permit No. KS0101281
This is notification KDHE has received a complete permit application to modify an existing State/NPDES permit for a 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-21-130

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

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Clarke and Julia Nelson
1304 W. Fox Rd.
Long Island, KS 67647
Rolling Hills Pork
(C & J Swine, LLC)
7543 Road E13
Almena, KS 67622
Legal Description Receiving Water
SW/4 of Section 12
T02S, 21W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-H011
Federal Permit No. KS0101290
This is notification KDHE has received a complete permit to modify an existing State/NPDES permit for a facility capable of housing 9,300 head (3,720 animal units) of swine weighing more than 55 pounds. 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 modified swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-21-131

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

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Julia Nelson
1304 W. Fox Rd.
Long Island, KS 67647
Prairie Dog Pork
(Prairie Dog Pork, LLC)
530 W. 1300 Rd.
Long Island, KS 67647
Legal Description Receiving Water
Section 34
T01S, R20W
Phillips County
Upper Republican River Basin
Kansas Permit No. A-URPL-H010
Federal Permit No. KS0101249
This is notification KDHE has received a complete permit application to modify an existing State/NPDES permit for a facility capable of housing 4,668 head (1,867.2 animal units) of swine weighing more than 55 pounds each and 5,620 head (562 animal units) of swine weighing less than 55 pounds. The complete application can be viewed online at https://www.kdheks.gov/feedlots/swine_application.htm, at the office of the Phillips County Clerk, the KDHE Northwest District Office in Hays, Kansas or 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-21-132

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

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
N. Terry Nelson
PO Box 8
Long Island, KS 67647
Husky Hogs, LLC
530 W. 1300 Rd.
Long Island, KS 67647
Legal Description Receiving Water
Section 34
T01S, R20W
Phillips County
Upper Republican River Basin
Kansas Permit No. A-URPL-H007
Federal Permit No. KS0094501
This is notification KDHE has received a complete permit application to modify an existing State/NPDES permit for a facility capable of housing 6,750 head (2,700 animal units) of swine weighing more than 55 pounds each and 10,240 head (1,024 animal units) of swine weighing less 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 Phillips 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-21-133/136

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Stillwater Swine
N. Terry Nelson
1304 W. Fox Rd.
Long Island, KS 67647
SW/4 of Section 12
T02S, R21W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-H010
Federal Permit No. KS0101281
The proposed action is to modify an existing State/NPDES permit for a facility for 9,300 head (3,720 animal units) of swine weighing more than 55 pounds. There is no change in the permitted number of animal units from the previous permit. This permit is being modified to change the property boundary. There are no other changes to the permit. Only the portions of the permit being modified 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
Rolling Hills Pork
Clarke and Julia Nelson
1304 W. Fox Rd.
Long Island, KS 67647
SW/4 of Section 12
T02S, R21W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-H011
Federal Permit No. KS0101290
The proposed action is to modify an existing State/NPDES permit for a facility for 9,300 head (3,720 animal units) of swine weighing more than 55 pounds. There is no change in the permitted number of animal units from the previous permit. This permit is being modified to change the property boundary. There are no other changes to the permit. Only the portions of the permit being modified 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
Prairie Dog Pork
Julia Nelson
530 W. 1300 Rd.
Long Island, KS 67647
Section 34
T01S, R20W
Phillips County
Upper Republican River Basin
Kansas Permit No. A-URPL-H010
Federal Permit No. KS0101249
The proposed action is to modify an existing State/NPDES permit for a facility for 4,668 head (1,867.2 animal units) of swine weighing more than 55 pounds each and 5,620 head (562 animal units) of swine weighing less than 55 pounds. There is no change in the permitted number of animal units from the previous permit. This permit is being modified to change the property boundary. There are no other changes to the permit. Only the portions of the permit being modified 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
Husky Hogs, LLC
530 W. 1300 Rd.
Long Island, KS 67647
Section 34
T01S, R20W
Phillips County
Upper Republican River Basin
Kansas Permit No. A-URPL-H007
Federal Permit No. KS0094501
The proposed action is to modify an existing State/NPDES permit for a facility for 6,750 head (2,700 animal units) of swine weighing more than 55 pounds each and 10,240 head (1,024 animal units) of swine weighing less than 55 pounds each. There will be a reduction of 2 head of swine weighing more than 55 pounds in the permitted number of animal units from the previous permit. This permit is being modified to change the property boundary. There are no other changes to the permit. Only the portions of the permit being modified are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. 

Public Notice No. KS-Q-21-022/026

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
Adorers of the Blood of Christ
1165 Southwest Blvd.
Wichita, KS 67213
Wichita/Valley Center
Floodway via
Wichita Storm Draining System
(K-42 Waterway) via
Convent Lake
Process Wastewater
Kansas Permit No. I-AR94-CO49
Federal Permit No. KS0100137
Legal Description: NW¼, S25, T27S, R1W, Sedgwick County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. Water from one well is seasonally pumped into two chiller cooling systems and directly into Convent Lake, which has two single pass chiller systems which use groundwater from one well. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Mid-States Materials, LLC
PO Box 236
Topeka, KS 66601
Neosho River
via Unnamed Tributary
Process Wastewater
Kansas Permit No. I-NE36-PO10
Federal Permit No. KS0101869
Legal Description: NW¼, S21, T25S, R18E, Allen County, Kansas
Facility Name: Humboldt Quarry
The proposed action is to issue a new State/NPDES permit for a new facility. This facility is engaged in a limestone quarrying operation with some washing. Outfall 001A1 consists of storm-water runoff and pit water. Outfall 002A1 consists of pit water, storm-water runoff and treated washwater, if the sedimentation ponds discharge. 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 limits on total suspended solids.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Mid-States Materials, LLC
PO Box 236
Topeka, KS 66601
Kansas River via
Stranger Creek via
Mooney Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-KS50-PO03
Federal Permit No. KS0101907
Legal Description: SW¼ and SE¼ of S30 and NE¼ of S31, T7S, R20E, Jefferson County, Kansas
Facility Name: Nortonville Quarry
The proposed action is to issue a new State/NPDES permit for a new facility. This facility is engaged in a limestone quarrying operation with some washing. Outfall 002A1 consists of treated washwater, storm-water runoff and pit water. Outfall 001A1, 003A1, 004A1, 005A1, 006A1, 007A1, and 008A1 consist of pit water and storm-water runoff. 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 limits on total suspended solids.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Mid-States Materials, LLC
PO Box 236
Topeka, KS 66601
Verdigris River via
Otter Creek via
South Branch Otter Creek
Process Wastewater
Kansas Permit No. I-VE41-PO02
Federal Permit No. KS0100960
Legal Description: SW¼, S33, T27S, R10E, Greenwood County, Kansas
Facility Name: Piedmont Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility, this is a limestone quarrying and crushing operation with no washing. Outfalls 001A1 and 002A1 consist of pit water and stormwater runoff. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Udall, City of
PO Box 410
Udall, KS 67146-0410
Walnut River via
Stewart Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-WA15-OO01
Federal Permit No. KS0029131
Legal Description: SW¼, NE¼, SW¼, S33, T30S, R3E, Cowley County, Kansas
Facility Location: 3180 E. K-15 Hwy., Udall, KS 67146
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli.

Public Notice No. KS-NQ-21-004/005

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).

Name and Address
of Applicant
Legal Location Type of Discharge
Lamont Hill Resort, Inc.
22975 S. K-368 Hwy., Lot 17
Vassar, KS 66543-9162
NE¼, NW¼, NW¼,
S24, T16S, R16E,
Osage County
Non-Overflowing
Kansas Permit No. C-MC58-NO04
Federal Permit No. KSJ000140
The proposed action is to reissue an existing State/NPDES permit for an existing, non-discharging facility. This facility is a two-cell wastewater stabilization lagoon system. The proposed permit contains a schedule of compliance stating that the permittee shall hire a Kansas-licensed engineer consultant to provide an operations and wastewater treatment lagoon evaluation engineering report to bring this facility into compliance, and to provide KDHE a draft engineering report for improvements to the facility.
Name and Address
of Applicant
Legal Location Type of Discharge
Keith L. Persinger
23053 S. K-368 Hwy.
Vassar, KS 66543
NE¼, NE¼, NE¼,
S23, T16S, R16E,
Osage County
Non-Overflowing
Kansas Permit No. C-MC58-NO03
Federal Permit No. KSJ000550
Facility Name: Lamont Hill Resort Motel and Trailer Court
The proposed action is to reissue an existing State/NPDES permit for an existing, non-discharging facility. This facility is a two-cell wastewater stabilization lagoon system. The proposed permit contains a schedule of compliance stating that the permittee shall hire a Kansas licensed engineering consultant to conduct a study to determine the capacity of the facility and if the existing system is capable of treating the flows while maintaining a non-discharging status. The schedule of compliance also states the permittee shall submit an engineering report with a schedule for improvements to the facility.

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 May 1, 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-21-129/136, KS-Q-21-022/026, KS-NQ-21-004/005) 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 on the Internet 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. 048973