Publications iconKansas Register

Volume 40 - Issue 26 - July 1, 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-21-215/220

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Schwartz Farms Inc.
Flint Hills Pork
Tim Schwartz
32296 190th St. SE
Sleepy Eye, MN 56085
Section 3
T16S, R05E
Morris County
Kansas River Basin
Kansas Permit No. A-KSMR-H001
Federal Permit No. KS0089745
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility. The proposed action is to modify with expansion and reissue an existing State/NPDES permit for an expanding facility with a total of 25,224 head (7,819.6 animal units) of swine. This permit is being modified to both change ownership and expand the current facility. The complete application can be viewed at the office of the Morris County Clerk, the KDHE North Central District Office in Salina, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.
Name and Address
of Applicant
Legal Description Receiving Water
Harder Farms, Inc.
14325 NW 80th St.
Whitewater, KS 67154
NE/4 of Section 28
T24S, R03E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-C018
Federal Permit No. KS0101974
The proposed action is to modify the existing state permit and reissue a NPDES permit for a facility for 1,549 head (1,549 animal units) of cattle weighing greater than 700 pounds, and 900 head (450 animal units) of cattle weighing less than 700 pounds; for a total of 1,999 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to remove all swine production at the facility and add the construction of one additional pen, two confined cattle feeding barns, and a modification to a sediment basin. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Nelson Poultry Farms, Inc. - Main Facility
Greg B. Nelson
8530 E. US-24 Hwy.
Manhattan, KS 66502
SE/4 of Section 9
SW/4 of Section 10
SW/4 of Section 11
NW/4 of Section 14
T10S, R08E
Pottawatomie County
Kansas River Basin
Kansas Permit No. A-KSPT-P001
Federal Permit No. KS0090948
The proposed action is to reissue an existing state permit for an existing facility for 736,000 pullets (2,208 animal units) and 180,000 layers (540 animal units) for a total of 2,748 animal units of poultry. There has been a decrease 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
Jamison Dairy
Calvin D. Jamison
2330 CR 76
Quinter, KS 67752
SW/4 of Section 10
T12S, R26W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-M003
The proposed action is to reissue an existing state permit for an existing facility for 235 head (329 animal units) of mature dairy cattle, 100 head (100 animal units) of dairy heifers, and 100 head (50 animal units) of dairy calves, for a total of 479 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
Keast Brothers Farms
Scott and Jim Keast
1744 Q Rd.
Larned, KS 67550
SW/4 of Section 29
T21S, R17W
Pawnee County
Upper Arkansas River Basin
Kansas Permit No. A-UAPN-B009
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Marion Tien Feedlot
Larry Tien
1093 W. Kiowa Rd.
Prairie View, KS 67664
SW/4 of Section 24
NW/4 of Section 25
T02S, R20W
Phillips County
Solomon River Basin
Kansas Permit No. A-SOPL-B012
The proposed action is to reissue an existing state permit for an existing facility for 200 head (100 animal units) of cattle 700 pounds or less. This represents a decrease in animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.

Public Notice No. KS-AG-R-21-020

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

Name and Address
of Registrant
Legal Description County
Lynn A. Wallack
14627 Spaulding Ave.
Midlothian, IL 60445
Section 2
T26S, R19W
Edwards

Public Notice No. KS-Q-21-049/050

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
Flint Hills Stone
24176 Prairie View Rd.
Alma, KS 66401
Kansas River via
Mulberry Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-KS57-PO09
Federal Permit No. KS0101958
Legal Description: SW¼, S35, T10S, R11E, Wabaunsee County, Kansas
Facility Name: Paxico Quarry
The proposed action is to issue a new State/NPDES permit for a new facility. This facility strip mines slab rock used in landscaping and for other purposes. Outfall 001 consists of stormwater runoff, which is treated either by berms and/or a sedimentation pond. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility 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 generic language to protect the waters of the state.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Harshman Construction
1648 F P Rd.
Cedar Point, KS 66843
Neosho River via
John Redmond Reservoir
via Otter Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-NE32-PO01
Federal Permit No. KS0094439
Legal Description: NW¼, S33, T21S, R14E, Coffey County, Kansas
Facility Name: Paxson Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation that will occasionally wash rock on demand. Outfall 001A1 consists of treated wash water, which is discharged if the large settling pond is full. Water that is used to wash rock Is pumped from the settling pond and is sent to the quarry pit for treatment. After treatment, the water drains back into the large settling pond, which rarely discharges. Outfall 002A1 consists of stormwater runoff and quarry pit water, after being treated by a settling pond. The proposed permit contains a schedule of compliance stating the permittee shall submit an updated Stormwater Pollution Prevention Plan to KDHE. The proposed permit contains limits for total suspended solids.

Public Notice No. KS-NQ-21-006

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).

Name and Address
of Applicant
Legal Location Type of Discharge
Chapman, City of
PO Box 321
Chapman, KS 67431
NW¼, NE¼,
S28, T12S, R4E,
Dickinson County
Non-Overflowing
Kansas Permit No. M-SH04-NO01
Federal Permit No. KSJ000710
The proposed action is to issue a new State/NPDES permit for a new, non-discharging facility. This facility is a two-cell wastewater stabilization lagoon system which replaces the existing mechanical treatment plant.

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 31, 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-21-215/220, KS-AG-R-21-020, KS-Q-21-049/050, KS-NQ-21-006) 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. 049252