Publications iconKansas Register

Volume 40 - Issue 21 - May 27, 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-21-187/194

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Sand Creek Land & Cattle, LLC
Rodney E. Lower
5924 N. Kansas Rd.
Newton, KS 67114
W/2 of Section 28
T22S, R01E
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-C004
Federal Permit No. KS0098248
The proposed action is to modify and reissue an existing NPDES permit for an expanding facility for 2,000 head (2,000 animal units) of cattle weighing more than 700 pounds. This permit is being modified to add approximately 4.5 acres of open lot pens, a proposed sedimentation channel, and approximately 0.6 acres of extraneous drainage area. There is no change in the 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
Mann Cattle Company, Inc.
David Mann
2334 Road 70
Quinter, KS 67752
S/2 of Section 7
T12S, R26W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-B016
The proposed action is to reissue an existing state permit for an existing facility for 980 head (980 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
Virgil Katzer
17640 NW 1600 Rd.
Garnett, KS 66032
NW/4 of Section 27
T20S, R19E
Anderson County
Marais des Cygnes River Basin
Kansas Permit No. A-MCAN-S029
The proposed action is to reissue an existing state permit for an existing facility for 400 head (160 animal units) of swine weighing 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
Bacon Bungalow
Curtis Haverkamp
2976 L4 Rd.
Bern, KS 66408
SW/4 of Section 15
T05S, R13E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S029
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
Martin Feedlot
Douglas Martin
10210 Polfer Ln.
Kansas City, KS 66109
NE/4 of Section 32
T10S, R26W
Sheridan County
Saline River Basin
Kansas Permit No. A-SASD-B003
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
Mann’s ATP, Inc.
Edward Mann
7865 NW 80th St.
Potwin, KS 67123
W/2 of Section 22
SW/4 of Section 26
NW/4 of Section 27
T24S, R04E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-C007
Federal Permit No. KS0088901
The proposed action is to reissue an existing NPDES permit for an existing facility for 9,999 head (9,999 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
Deere Creek Farm
Russell Duerksen
326 140th
Hillsboro, KS 67063
SW/4 of Section 28
T20S, R01E
Marion County
Neosho River Basin
Kansas Permit No. A-NEMN-M027
The proposed action is to reissue an existing state permit for an existing facility for 55 head (77 animal units) of mature dairy cattle, 30 head (30 animal units) of dairy heifers, and 40 head (20 animal units) of dairy calves, for a total of 127 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
Sunflower Jerseys
Roman Yoder
6608 W. Long View
Hutchinson, KS 67501
SW/4 of Section 18
T24S, R06W
Reno County
Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M034
The proposed action is to reissue an existing state permit for an existing facility for 60 head (84 animal units) of mature dairy cattle and 30 head (15 animal units) of dairy heifers, for a total of 99 animal units. There will be no change in the operation or permitted number of animal units from the previous permit.

Public Notice No. KS-AG-R-21-013/014

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

Name and Address
of Registrant
Legal Description County
Nextgen Cattle Company
31517 Vera Rd.
Paxico, KS 66526
NE/4 of Section 33
NW/4 of Section 33
SW/4 of Section 33
T11S, R12E
Wabaunsee
Name and Address
of Registrant
Legal Description County
Svitak Hay Farms, Inc.
2863 Sunflower
Marion, KS 66861
NW/4 of Section 18
T18S, R04E
Marion

Public Notice No. KS-Q-21-045

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
Cornejo & Sons, Inc.
PO Box 16204
Wichita, KS 67216
Marmaton River via
Drywood Creek via
Buck Run Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-MC11-PO06
Federal Permit No. KS0081655
Legal Description: NW¼, S32, T26S, R25E, Sedgwick County, Kansas
Facility Name: Fort Scott 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, 002A1, and 003A1 consist of a stormwater runoff and quarry pit water. An asphalt plant and ready-mix plant are also on-site, but they are operated by a different owner and have an industrial stormwater permit. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-PT-21-004/006

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
D-J Engineering, Inc.
219 W. 6th Ave.
Augusta, KS 67010
Conway Springs Municipal
Wastewater Treatment Plant
Process Wastewater
Kansas Permit No. P-AR25-OO01
Federal Permit No. KSP000048
Facility Name: D-J Extruding (Division of D-J Engineering, Inc.)
Facility Location: 723 E. Spring, Conway Springs, KS 67031
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility extrudes aluminum alloy billets into aluminum parts. The parts are then air cooled before being cut into various sizes and lengths. Aluminum parts are rinsed off in a 9,000 gallon tank containing a water/glycol mixture, following a heat treat operation. The rinse water is discharged into the City sanitary sewer and will be considered Outfall 001A1. Outfall 002A1 consists of rinse water from the extruding operation near Furnace #2. Outfall 003A1 consists of wastewater discharged from a steel heat treat operation and Outfall 004A1 is wastes discharged from a titanium heat treat operation, if a discharge occurs. Non-contact cooling water is also recycled in two separate cooling towers, but the cooling water does not discharge to the city sewer. The proposed permit contains pretreatment limitations for pH, chromium, cyanide, zinc, oil and grease, and total toxic organics.
Name and Address
of Applicant
Receiving Facility Type of Discharge
Oxwell, Inc.
600 E. 16th St.
Wellington, KS 67152
Wellington Municipal
Wastewater Treatment Plant
Process Wastewater
Kansas Permit No. P-AR92-OO01
Federal Permit No. KSP000062
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures, tests and overhauls aircraft instruments, helicopter parts, oil coolers, and pumps. This facility performs chemical conversion coating operations on aluminum parts and discharges from the contaminated rinse water from this operation, which is Outfall 001A1. Outfall 002 was eliminated. A foundry used to cast lead/kirksite is also performed on-site but does not use water and is considered a dry operation. The proposed permit contains pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc and cyanide.
Name and Address
of Applicant
Receiving Facility Type of Discharge
Unruh Fabrications, Inc.
100 Industrial Dr.
Sedgwick, KS 67135
Sedgwick Municipal
Wastewater Treatment Plant
Process Wastewater
Kansas Permit No. P-LA15-OO01
Federal Permit No. KSP000091
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures specialty bodies and trailers for the glass industry and fire departments and performs conversion coating (iron phosphating) on steel parts, prior to painting them. The phosphating solution is sprayed on the parts with a wand system. Outfall 001A1 consists of the spent wash water when a discharge occurs. However, process wastes are normally sent off-site for treatment and disposal. 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 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 June 26, 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-21-187/194, KS-AG-R-21-013/014, KS-Q-21-045, KS-PT-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. 049165