Publications iconKansas Register

Volume 40 - Issue 14 - April 8, 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-21-137

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Glacial Hills Poultry
DeWayne Koehn
1780 240th St.
Hiawatha, KS 66434
NE/4, SE/4 of Section 2
T02S, R17E
Brown County
Missouri River Basin
Kansas Permit No. A-MOBR-P001
Federal Permit No. KS0101842
This notice is to inform the public the application for the proposed draft State/NPDES permit previously published in Public Notice KS-AG-21-024 has been withdrawn. The application for a permit for a proposed confined feeding facility with a capacity for 224,000 head (672 animal units) of broiler chickens has been withdrawn at the request of the applicant.

Public Notice No. KS-AG-21-138/159

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Hanson Farming Co.
Lynn Hanson
1009 X Rd.
Pawnee Rock, KS 67567
NE/4 of Section 15
T20S, R16W
Pawnee County
Upper Arkansas River Basin
Kansas Permit No. A-UAPN-C007
Federal Permit No. KS0093688
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,000 head (2,000 animal units) of cattle weighing more than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Bedwell Feeders
120 Lisa Cir.
Medicine Lodge, KS 67104
NE/4 of Section 6
T32S, R12W
Barber County
Lower Arkansas River Basin
Kansas Permit No. A-ARBA-C001
Federal Permit No. KS0092436
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,500 head (1,250 animal units) of cattle weighing less than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Showalter and Sons, Inc.
1853 CR 140
Alexander, KS 67513
SE/4 of Section 22
T18S, R20W
Rush County
Upper Arkansas River Basin
Kansas Permit No. A-UARH-B001
The proposed action is to reissue an existing state permit for an existing facility for 800 head (800 animal units) of cattle weighing more than 700 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
Whiteside Jersey Farm, Inc.
Harley Beachy, Jr.
8815 S. Whiteside Rd.
Hutchinson, KS 67501
NE/4 of Section 19
T24S, R06W
Reno County
Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M039
The proposed action is to reissue an existing state permit for an existing facility for 120 head (168 animal units) of mature dairy cattle and 35 head (17.5 animal units) of dairy heifers, for a total of 155 head (185.5 animal units) of dairy cattle. 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
McDiffett Farm
Gregg McDiffett
36198 Drovers Trail Rd.
Alma, KS 66401
SW/4 of Section 5,
NE/4 of Section 8,
SW/4 of Section 9
T13S, R09E
Wabaunsee County
Kansas River Basin
Kansas Permit No. A-KSWB-S003
The proposed action is to reissue an existing state permit for an existing facility for 615 head (246 animal units) of swine weighing more than 55 pounds, 500 head (50 animal units) of swine 55 pounds or less, and 150 head (150 animal units) of cattle weighing more than 700 pounds, for a total of 446 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
H.J. Stephens & Sons, Inc.
Matt Stephens
9544 S. Road 90 West
Grinnell, KS 67738
NE/4 of Section 9
T11S, R30W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-B002
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Michael Lang
13785 Road L
Norton, KS 67654
SE/4 of Section 29
T02S, R23W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-B006
The proposed action is to reissue an existing state permit for an existing facility for 400 head (200 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
Brian and Frances Miller
825 Road 310
Allen, KS 66833
SE/4 of Section 10
T17S, R11E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-B009
The proposed action is to reissue an existing state permit for an existing facility for of 999 head (999 animal units) of cattle weighing greater 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
KM Feeders
Kendall Martens
2240 Ave. P
Lyons, KS 67554
NW/4 of Section 22
T20S, R07W
Rice County
Lower Arkansas River Basin
Kansas Permit No. A-ARRC-C001
Federal Permit No. KS0080730
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,000 head (6,000 animal units) of cattle weighing greater than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Nichols Feeders
PO Box 1361
Cimarron, KS 67835
E/2 of Section 20
T26S, R26W
Ford County
Upper Arkansas River Basin
Kansas Permit No. A-UAFO-B008
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle weighing less than 700 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
Sealock, Inc.
Lester Sealock
1547 N. Road 20 West
Hoxie, KS 67740
SE/4 of Section 7
T08S, R28W
Sheridan County
Solomon River Basin
Kansas Permit No. A-SOSD-B004
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Sandhill Ranch
Eldon Alexander
13990 S. Sandhill Rd.
Garden City, KS 67846
NW/4 of Section 33
T26S, R33W
Finney County
Upper Arkansas River Basin
Kansas Permit No. A-UAFI-B004
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Smith Brothers Feeders, LLC
HC1 – Box 74
Richfield, KS 67953
N/2 of Section 36
T32S, R43W
Morton County
Cimarron River Basin
Kansas Permit No. A-CIMT-C001
Federal Permit No. KS0055077
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,000 head (3,000 animal units) of cattle weighing 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
Solomon River Genetics, LLC
Joseph A. Kramer
PO Box 220
Carthage, IL 62321
SW/4 of Section 10
T07S, R13W
Osborne County
Solomon River Basin
Kansas Permit No. A-SOOB-H001
Federal Permit No. KS0100897
The proposed action is to reissue an existing NPDES permit for an existing facility for 7,342 head (2,936.8 animal units) of swine weighing 55 pounds or more and 7,876 head (787.6 animal units) of swine weighing less than 55 pounds for a total of 15,218 head, 3,724.4 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
Prairie Flower Dairy
15126 W. US-50 Hwy.
Halstead, KS 67056
SW/4 of Section 20
T23S, R02W
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-M008
The proposed action is to reissue an existing state permit for an existing facility for 210 head (84 animal units) of swine weighing more than 55 pounds, 14 head (14 animal units) of cattle weighing more than 700 pounds, 2 head (2.8 animal units) of mature dairy cattle and 1 head (0.5 animal units) of cattle weighing less than 700 pounds; for a total of 101.3 animal units. There has been a reduction in the permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Pork Chop Acres, Inc.
Leo Schwartz
2051 20th Rd.
Washington, KS 66968
SE/4 of Section 20
T02S, R04E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S024
The proposed action is to reissue an existing state permit for an existing facility for 500 head (200 animal units) of swine more than 55 pounds and 600 head (60 animal units) of swine 55 pounds or less, for a total of 260 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
5N Feeders, Inc.
William L. Nicholas
4652 N. Road L
Johnson City, KS 67855
E/2 of Section 1
T28S, R41W
W/2 of Section 6
T28S, R40W
Stanton County
Cimarron River Basin
Kansas Permit No. A-CIST-C008
Federal Permit No. KS0097390
The proposed action is to modify the current NPDES permit and Nutrient Management Plan for an existing facility for 6,000 head (6,000 animal units) of cattle weighing more than 700 pounds and 5 head (10 animal units) of horses; for a total of 6,010 animal units. Modifications to the permit and Nutrient Management Plan will be the addition of mesophilic composting as a mortality management procedure. There are no other changes to the permit or Nutrient Management Plan. Only the updated portion of the permit and 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
Cottonwood Corral, Inc.
24109 NW X Rd.
Jetmore, KS 67854
W/2 of Section 9
T21S, R24W
Hodgeman County
Upper Arkansas River Basin
Kansas Permit No. A-UAHG-B020
The proposed action is to modify the existing NPDES permit and reissue a state permit for a maximum capacity of 999 head (999 animal units) of beef cattle weighing more than 700 pounds. This represents a decrease in the permitted animal units from the previous permit. There are no other changes to the permit.
Name and Address
of Applicant
Legal Description Receiving Water
Henry Creek Farms, Inc.
Doug Claassen
10636 NW 110th St.
Whitewater, KS 67154
NE/4 of Section 36
T23S, R03E
SW/4 of Section 31
T23S, R04E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-S034
The proposed action is to reissue an existing state permit for an existing facility for 2,000 head (800 animal units) of swine more than 55 pounds and 150 head (75 animal units) of cattle 700 pounds or less, for a total of 875 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
K.K. Farms
Robert K. Krehbiel
7102 E. 95th Ave., PO Box 525
Buhler, KS 67522
SE/4 of Section 1
T22S, R05W
Reno County
Little Arkansas River Basin
Kansas Permit No. A-LARN-H002
Federal Permit No. KS0098680
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 2,400 head (960 animal units) of swine weighing more than 55 pounds and 3,000 head (300 animal units) of swine weighing 55 pounds or less; for a total of capacity of 5,400 head (1,260 animal units) of swine. The facility’s NMP was updated to include changes in the application rate limitation for their fields. The application rate limitations for 5 and 5DC 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
Golden Belt Feeders, Inc.
Stan Kaiser
PO Box 307
St. John, KS 67576
All or part of Section 17,
19, 20 & 28
T22S, R13W
Stafford County
Arkansas River Basin
Kansas Permit No. A-ARSF-C001
Federal Permit No. KS0115240
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 26,250 head (26,250 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 five fields. The fields’ application rate limitations for these fields 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
Pioneer Feedyard, LLC
Jason Gerstberger
1021 CR CC
Oakley, KS 67748
N/2 of Section 17
S/2 of the SW/4 of Section 7
N/2 of Section 18
SW/4 of Section 18
NW/4 of Section 19
T11S, R31W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-C003
Federal Permit No. KS0115860
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 53,000 head (53,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to relocate fields 5a and 5b. 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-21-004/006

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:

Name and Address
of Applicant
Legal Description County
Bradley and Allison Ott
6650 N. 119th St. W
Maize, KS 67101
SE/4 of Section 7
T26S, R01W
Sedgwick
Name and Address
of Applicant
Legal Description County
Nick Peterson
PO Box 43
Lakin, KS 67860
NW/4 of Section 32,
SW/4 of Section 29
T25S, R36W
Kearny
Name and Address
of Applicant
Legal Description County
Andrew Sylvester
17880 Spencer St.
Wamego, KS 66547
W/2 of Section 29
T08S, R10E
Pottawatomie

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 8, 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-21-137/159, KS-AG-R-21-004/006) 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. 049019