Publications iconKansas Register

Volume 40 - Issue 2 - January 14, 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-21-011/022

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Helen Germann
PO Box 700
Junction City, KS 66441
Section 35
T12S, R07E
Geary County
Kansas River Basin
Kansas Permit No. A-KSGE-B003
This is a renewal permit for an existing facility for the maximum capacity of 500 head (200 animal units) of swine weighing greater than 55 pounds and three areas of open lots on a total of approximately 5 acres for a maximum of 550 head (275 animal units) of cattle weighing less than 700 pounds; for a total of 475 animal units. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Richards Farm
Carl Richards
11259 SE Paulen
Berryton, KS 66409
NE/4 of Section 02
T14S, R16E
Osage County
Kansas River Basin
Kansas Permit No. A-KSOS-S002
This is a renewal permit for an existing facility with a maximum capacity of 120 head (48 animal units) of swine more than 55 pounds, 490 head (49 animal units) of swine 55 pounds or less, 49 head (49 animal units) of cattle more than 700 pounds and 48 head (24 animal units) of cattle 700 pounds or less, for a total of 170 animal units. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
LaCrosse Livestock Market, Inc.
Frank Seidel
Box 657
LaCrosse, KS 67548
SW/4 of Section 27
T17S, R18W
Rush County
Upper Arkansas River Basin
Kansas Permit No. A-UARH-B010
This is renewal permit for a livestock market with the maximum capacity of 124.5 animal units of cattle weighing more than 700 pounds. There has been no change in the permitted animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Dwight E. Regier
5806 NE 24th St.
Newton, KS 67114
SE/4 of Section 6
T23S, R02E
Harvey County
Walnut River Basin
Kansas Permit No. A-WAHV-S002
This is a renewal permit for an existing facility with a maximum capacity of 505 head (202 animal units) of swine weighing greater than 55 pounds and 250 head (25 animal units) of swine weighing 55 pounds or less at any given time, for a total of 227 animal units of swine. There has been no change in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Craig or Dennis Ritter
1981 H Lane
Jennings, KS 67643
E/2 of Section 29
T04S, R27W
Decatur County
Upper Republican River Basin
Kansas Permit No. A-URDC-B009
This is a renewal permit for an existing facility with a maximum capacity of 999 head (999 animal units) of beef cattle weighing more than 700 pounds. There has been no change in the permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
B-K Cox Farms, Inc.
Bradley Cox
1439 W. Granite Rd.
Long Island, KS 67647
S/2 of Section 32
T01S, R20W
Phillips County
Upper Republican River Basin
Kansas Permit No. A-URPL-B001
This is a renewal permit for an existing facility with a maximum capacity of 980 head (980 animal units) of cattle more than 700 pounds. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Nichols Dairy
Carl Nichols
24928 NW Colorado Rd.
Westphalia, KS 66093
NW/4 of Section 5
T21S, R18E
Anderson County
Marais des Cygnes River Basin
Kansas Permit No. A-MCAN-M014
This is a renewal permit for an existing facility for the maximum capacity of 200 head (280 animal units) of dairy cattle and 38 head (19 animal units) of calves weighing 700 pounds or less; for a total of 299 animal units of cattle. There has been no change in the permitted animal units. Wastewater is impounded for subsequent application to constructed wetland and controlled vegetated areas such that any excess runoff does not pose significant water pollution potential. Wastewater storage capacity is provided which meets or exceeds KDHE minimum requirements.
Name and Address
of Applicant
Legal Description Receiving Water
Brad Backhus
3073 Nighthawk
Tampa, KS 67483
NE/4 of Section 5
T18S, R03E,
and the SE/4 of Section 32
T17S, R03E
Marion County
Neosho River Basin
Kansas Permit No. A-NEMN-M022
This is a renewal permit for a confined animal feeding operation for 70 head (98 animal units) of mature dairy cattle, 100 head (50 animal units) of cattle weighing less than 700 pounds, and 100 head (100 animal units) of cattle weighing more than 700 pounds; for a total of 248 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
Pratt Feeders, Inc. dba Ashland Feeders
Mick Sharp
2590 CR L
Ashland, KS 67831
N/2 & SE/4 of Section 25
T31S, R22W and NW/4 of Section 30 T31S, R21W
Clark County
Cimarron River Basin
Kansas Permit No. A-CICA-C001
Federal Permit No. KS 0047104
This permit is being modified and reissued for an expanding facility for 17,500 head (17,500 animal units) of cattle weighing greater than 700 pounds. This is an increase in animal numbers only, and only the animal numbers section of the permit being modified 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
Watowa Farms South
Gretta M. Fuhrman
12829 302nd Rd.
Lancaster, KS 66041
SW/4 of Section 24
T5S, R19E
Atchison County
Missouri River Basin
Kansas Permit No. A-MOAT-S001
This is a renewal permit for an existing facility with a permitted maximum capacity of 1,050 head (420 animal units) of swine weighing more than 55 pounds and 600 head (60 animal units) of swine 55 pounds or less, for a total of 480 animal units. The facility consists of one earthen retention structure. There has been no change in the permitted animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Porter Cattle Company
Richard W. Porter
3309 Rd. W7
Reading, KS 66868
W/2 of Section 28
T16S, R13E
Lyon County
Marais des Cygnes River Basin
Kansas Permit No. A-MCLY-C004
Federal Permit No. KS0037966
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 7,000 head (7,000 animal units) of cattle weighing greater than 700 pounds, 2,500 head (1,250 animal units) of cattle weighing less than 700 pounds and 7 head (14 animal units) of horses; for a total of 8,264 animal units. The facility’s NMP was updated to include a change in the application rate limitations for two fields, one field has a less restrictive application rate. 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
Fowler Feeders, LLC
Rick Blattner
5113 23rd Rd.
Fowler, KS 67844
S/2 of Section 27
T30S, R27W
Meade County
Cimarron River Basin
Kansas Permit No. A-CIME-C003
Federal Permit No. KS0086142
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 24,000 head (24,000 animal units) of cattle weighing more than 700. The facility’s NMP was updated to include a change in the application rate limitations for their fields, one field has a less restrictive application rate. 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-21-001

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

Name and Address
of Applicant
Legal Description County
Slate Hill Feeders, LLC
784 K-181 Hwy.
Tipton, KS 67485
SW/4 of Section 27
T08S, R10W
Mitchell

Public Notice No. KS-Q-21-002/003

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
Monarch Cement Company
PO Box 1000
Humboldt, KS 66748
Neosho River via
Rock Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-NE36-PO09
Federal Permit No. KS0100951
Legal Description: SE¼, S21 and SW¼, S22, T25S, R18E, Allen County, Kansas
Facility Name: Iowa Road Shale Borrow Pit
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility excavates shale with no blasting, crushing or washing. Outfalls 001A1, 002A1, 003A1, and 004A1 consist of stormwater runoff and pit water. Runoff from Outfall 002A1 will be treated by settling in the mine pit and by a downstream pond before discharge. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Receiving Stream Type of Discharge
The Sherwin Williams Company
630 E. 13th St.
Andover, KS 67002
Walnut River via
Four Mile Creek via
Republican Creek
Process Wastewater
Kansas Permit No. I-WA01-CO01
Federal Permit No. KS0080411
Legal Description: SW¼, S8, T27S, R3E, Butler County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures industrial coatings, oil and water-based trade sales coatings, general services administration coatings, lacquers, enamels and primers. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-PT-21-001

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address
of Applicant
Receiving Facility Type of Discharge
Cashco, Inc.
607 W. 15th St.
Ellsworth, KS 67439
Ellsworth Municipal
Wastewater Treatment Plant
Process Wastewater
Kansas Permit No. P-SH07-OO02
Federal Permit No. KSP000111
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility performs chemical etching and milling and passivating on steel, stainless steel, and brass parts. Outfall 001A1 consists of contaminated rinse water from the rinse tank from the passivating/etching operation. Wastes from the two process tanks are directed to the on-site evaporator. The proposed permit contains pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.

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 February 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-21-011/022, KS-AG-R-21-001, KS-Q-21-002/003, KS-PT-21-001) 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. 048760