Publications iconKansas Register

Volume 40 - Issue 24 - June 17, 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-21-204/209

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
H J Stephens & Sons - Goodland
Mike Stephens
9544 S. Rd 90 W.
Grinnell, KS 67738
NE/4 of Section 23
T08S, R40W
Sherman County
Upper Republican River Basin
Kansas Permit No. A-URSH-C003
Federal Permit No. KS0049255
The proposed action is to modify and reissue an existing NPDES permit for a facility for a proposed maximum capacity of 7,500 head (7,500 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. There will be no change in the operation from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Ernzen Dairy
Richard, Bart, and Matt Ernzen
21302 Millwood Rd.
Easton, KS 66020
NE/4 of Section 4
T08S, R21E
Leavenworth County
Kansas River Basin
Kansas Permit No. A-KSLV-M005
The proposed action is to reissue an existing state permit for an existing facility of 230 head (322 animal units) of mature dairy cattle, 25 head (25 animal units) of cattle weighing more than 700 pounds, and 50 head (25 animal units) of cattle weighing less than 700 pounds for a total animal unit capacity of 372 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
J-Six Enterprises, LLC – Wilkens Site
Jennifer A. Gerety
604 Nemaha St. PO Box 170
Seneca, KS 66538
N/2 of Section 32
T03S, R02E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-H011
Federal Permit No. KS0094137
The proposed action is to reissue an existing state permit for an existing facility for 7,200 head (2,880 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. The facility has an approved Nutrient Management Plan on file.
Name and Address
of Applicant
Legal Description Receiving Water
KSU Comparative Medicine Group - Large Animal Research Center
Denver Marlow
417 Trotter Hall
1710 Dennison Ave.
Manhattan, KS 66506
NW/4 of Section 6
T10S, R08E
Riley County
Big Blue River Basin
Kansas Permit No. A-BBRL-B005
The proposed action is to reissue an existing state permit for an existing facility for 14 head of cattle and 20 head of horses (54 animal units) for a total of 96 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
Ro-Mac Jerseys
Roger Murphy
10907 51st Rd.
Udall, KS 67146
SE/4 of Section 23
T31S, R03E
Cowley County
Walnut River Basin
Kansas Permit No. A-WACL-M006
The proposed action is to reissue an existing state permit for an existing facility for 60 head (84 animal units) of mature dairy cattle, 15 head (15 animal units) of dairy heifers, and 20 head (10 animal units) of dairy calves, for a total of 109 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
Beaver Creek Pork, LLC
L2457 15th Rd.
Barnes, KS 66933
SE/4 of Section 13
T03S, R04E
SW/4 of Section 18
T03S, R05E
SE/4 of Section 18
T03S, R05E
Washington County
Kansas/Lower Republican River Basin
Kansas Permit No. A-BBWS-H012
Federal Permit No. KS0100692
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,200 head (2,480 animal units) of swine weighing greater than 55 pounds, and 1,980 head (198 animal units) of swine weighing 55 pounds or less; for a total of 2,678 animal units. The facility’s NMP was updated to include the application rate limitation changes. The application rate limitation for Sec13-SW/4 SE/4 and Sec19 -S/2 NE/4 became 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.

Public Notice No. KS-Q-21-046

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
N.R. Hamm Quarry, Inc.
609 Perry Pl.
Perry, KS 66073-0017
Kansas River via
Mud Creek
Process Wastewater
Kansas Permit No. I-KS89-PO01
Federal Permit No. KS0096326
Legal Description: W½ of NE¼ and NW¼ of S1, T12S, R19E, Douglas County and W½ of SW¼ of S36, T11S, R19E, Jefferson County
Facility Name: Ousdahl Quarry #70
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with some rock washing. Outfall 001A1 consists of wash water and pit drainage, treated by a settling pond before discharge. Outfalls 002A1 and 003A1 consist of stormwater runoff. An asphalt plant exists on-site but does not use or discharge wastewater. The proposed permit contains limits for total suspended solids.

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 July 17, 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-21-204/209, KS-Q-21-046) 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. 049222