Publications iconKansas Register

Volume 40 - Issue 25 - June 24, 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-21-210/214

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Eckhardt Turkey Farm
Bart Eckhardt
576 SE 118th St. G
Galena, KS 66739
NE/4 of Section 24
T33S, R25E
Cherokee County
Neosho River Basin
Kansas Permit No. A-NECK-F028
The proposed action is to reissue an existing state permit for an existing facility for 22,000 head (396 animal units) of turkeys. 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
Warner Ranch Cimarron
PO Box 309
Cimarron, KS 67835
NW/4 of Section 10
T26S, R28W
Gray County
Upper Arkansas River Basin
Kansas Permit No. A-UAGY-B003
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
Bixenman Brothers
12515 S. Road 50 W
Grainfield, KS 67737
N/2 of Section 2
T10S, R29W
Sheridan County
Saline River Basin
Kansas Permit No. A-SASD-C003
Federal Permit No. KS0098035
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted 2,000 head (2,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitations. The application rate limitations for 10 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
Pratt Feeders, LLC
40010 NW 20th Ave.
Pratt, KS 67124
N/2 of Section 17
S/2 of Section 4
S/2 of Section 8
Section 9
NW/4 of Section 16
NE/4 of Section 8
T27S, R13W
Pratt County
Lower Arkansas River Basin
Kansas Permit No. A-ARPR-C001
Federal Permit No. KS0036374
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted 40,000 head (40,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitations. The application rate limitations for fields West Inman and Triangle C 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
Tuls Dairy Farms, LLC
Route 1, Box 166 A
Liberal, KS 67905
W/2 of Section 21
T33S, R34W
Seward County
Cimarron River Basin
Kansas Permit No. A-CISW-D001
Federal Permit No. KS0090620
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 900 head (900 animal units) of dairy heifers and 3,980 head (5,572 animal units) of mature dairy cattle, for a total of 6,472 animal units. The facility’s NMP was updated to include updated application rate limitations. The application rate limitation for Field 1 has 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.

Public Notice No. KS-Q-21-047/048

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
Chisholm Creek Utility Authority
5551 N. Broadway
Park City, KS 67219
Chisholm Creek Treated Domestic Wastewater
Kansas Permit No. M-LA19-OO02
Federal Permit No. KS0089176
Legal Description: E½, SE¼, SE¼, S17, T26S, R1E, Sedgwick County, Kansas
The proposed action is to reissue a modified State/NPDES permit for an existing facility. The existing facility is a mechanical Sequencing Batch Reactor (SBR) treatment plant consisting of two mechanical screen units, emergency bar screen, Eutek grit removal system, three-unit sequencing batch reactors, SBR effluent equalization basin, three multi-unit UV disinfection, one primary and two secondary aerobic sludge digesters, belt filter press, plant reuse water system, covered sludge storage, and cascade reaeration. Proposed facility upgrades will consist of the construction of three larger SBR basins equal to the size of the existing larger SBR basin #3 and converting the two existing SBR smaller basins into primary digesters with surface aerators and converting the existing primary digester into a second post equalization basin. The proposed permit contains a schedule of compliance requiring the permittee to provide a chronic toxicity Whole Effluent Toxicity (WET) test quarterly for one year after the effective date of the renewed permit. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for the proposed facility upgrades 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 for biochemical oxygen demand, total suspended solids, pH, ammonia, E. coli, whole effluent toxicity and priority pollutants, as well as monitoring for total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Mid-States Materials, LLC
PO Box 236
Topeka, KS 66601
Neosho River via
Long Creek (Outfall 001A1)
via Unnamed Tributary
(Outfalls 002A1 and 003A1)
Process Wastewater
Kansas Permit No. I-NE51-PO04
Federal Permit No. KS0100978
Legal Description: NE¼, S32, T20S, R16E, Coffey County, Kansas
Facility Name: Wolf Creek Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is engaged in a limestone quarrying operation with some washing. Outfall 001A1 consists of treated wash-water, stormwater runoff and pit water. Outfalls 002A1 and 003A1 consist of stormwater runoff. A portable asphalt plant may be on site, but it does not discharge any 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 24, 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-21-210/214, KS-Q-21-047/048) 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. 049239