Publications iconKansas Register

Volume 40 - Issue 34 - August 26, 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-21-268/276

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
DF & WC Cattle Co., LLC
Matt Dohrman
9350 American City Rd.
Emmett, KS 66422
S/2 of Section 1
T09S, R12E
Jackson County
Kansas River Basin
Kansas Permit No. A-KSJA-B010
The proposed action is to reissue an existing state permit for an existing facility for 997 head (997 animal units) of cattle weighing greater than 700 pounds and 1 head (2 animal units) of horses, for a total of 998 head (999 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
Fred Cox Jr.
Hopkins Rd.
Assaria, KS 67416
NE/4 of Section 19
T16S, R02W
Saline County
Smoky Hill River Basin
Kansas Permit No. A-SHSA-B006
The proposed action is to reissue an existing state permit for an existing facility for 150 head (150 animal units) of cattle more than 700 pounds and 100 head (50 animal units) of cattle 700 pounds or less; for a total of 200 animal units of cattle. 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
Dean Goetz
2849 P Rd.
Hill City, KS 67642
NW/4 of Section 19
T08S, R22W
Graham County
Solomon River Basin
Kansas Permit No. A-SOGH-S004
The proposed action is to reissue an existing state permit for an existing facility for 1,200 head (480 animal units) of swine weighing more than 55 pounds and 600 head (60 animal units) of swine weighing 55 pounds or less; for a total of 540 animal units of swine. 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
Hofer Brothers, Inc.
Bill Hofer
23082 G Rd.
Cedar, KS 67628
SE/4 of Section 25
T04S, R15W
SW/4 of Section 30
T04S, R14W
Smith County
Solomon River Basin
Kansas Permit No. A-SOSM-B009
The proposed action is to reissue an existing state permit for an existing facility for 700 head (700 animal units) of cattle more than 700 pounds. This is a decrease from the previously permitted number of animal units. There will be no change in the operation 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
Roush Farms
Kaden Roush
16022 DD Rd.
Lebanon, KS 66952
NW/4 of Section 24
T03S, R11W
Smith County
Solomon River Basin
Kansas Permit No. A-SOSM-S005
The proposed action is to reissue an existing state permit for an existing facility for 342 head (136.8 animal units) of swine more than 55 pounds and 220 head (22 animal units) of swine 55 pounds or less, for a total of 158.8 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
Rex Stanley Feed Yard
Ronnie Stanley
10763 106 Rd.
Dodge City, KS 67801
E/2 of Section 12
T26S, R26W
Ford County
Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C011
Federal Permit No. KS0118192
The proposed action is to reissue an existing NPDES permit for an existing facility for 13,500 head (13,500 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
Bradford Feedyard
Dennis Bradford
28522 SE D Rd.
Jetmore, KS 67854
S/2 of Section 18
T24S, R23W
Hodgeman County
Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C010
Federal Permit No. KS0096261
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,500 head (1,750 animal units) of cattle 700 pounds or less. The facility’s NMP was updated to include a change in the application rate limitation for Field 5. The fields’ application rate limitations 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.
Name and Address
of Applicant
Legal Description Receiving Water
Bethell Hog Farm
E. 333 Rd.
Melvern, KS 66510
NE/4 of Section 28
T18S, R17E
Osage County
Marais des Cygnes River
Kansas Permit No. A-MCOS-H001
Federal Permit No. KS0093734
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,800 head (1,920 animal units) of swine more than 55 pounds. The facility’s NMP was updated to include the addition of Land Application Field 6. 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
J-Six Enterprises LLC – South Farm
1436 56th Rd.
Corning, KS 66417
N/2 of Section 32
T04S, R13E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-H002
Federal Permit No. KS0090191
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4.800 head (1,920 animal units) of swine weighing more than 55 pounds and 4,850 head (485 animal units) of swine weighing 55 pounds or less; for a total of 9,650 head (2,405 animal units) of swine. The facility’s NMP was updated to include the addition of three new land application fields. 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-NQ-21-009

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
Belvue, City of
PO Box 27
Belvue, KS 66407
SE¼, SW¼, SE¼,
S34, T9S, R11E,
Pottawatomie County
Non-Overflowing
Kansas Permit No. M-KS05-NO01
Federal Permit No. KSJ000712
The proposed action is to issue a new, non-discharging State/NPDES permit for an existing facility that previously a discharging facility. This facility is a four-cell wastewater stabilization lagoon system. The proposed permit includes a schedule of compliance stating the facility shall retain a KDHE-certified operator.

Notice of Intent to Terminate

Pursuant to the requirements of K.A.R. 28-16-60 and K.A.R. 28-16-62, the Kansas Department of Health and Environment (KDHE) hereby provides notice of intent to terminate the following KDHE-issued permits.

State Permit Facility Name City County
S-AR60-0004 Sandy Creek Ranch (East Pond) Medicine Lodge Barber
G-UA16-0005 Jack B. Kelley–Great Bend Terminal Great Bend Barton
G-WA09-0007 Hurricane Services, Inc El Dorado Butler
G-WA09-0014 Valmont Newmark El Dorado Butler
S-WA13-0022 Trio Machine Building Rose Hill Butler
G-MO23-0001 Altec Industries, Inc. Wathena Doniphan
S-KS31-0406 Casey’s General Store–Lawrence, KS Lawrence Douglas
S-KS31-0420 Lawrence Humane Society New Facility Lawrence Douglas
S-KS31-0428 East 9th Street: Project # PW1502 Lawrence Douglas
S-KS31-0429 Riverside Industrial Park Lawrence Douglas
S-KS31-0430 Tommy’s Express Car Wash Lawrence Douglas
S-KS31-0431 Home Depot 2211 Pklot Rehab 2018 Lawrence Douglas
S-UA14-0136 Notting Hill Garden City Finney
G-UA11-0007 2M, LLC d/b/a Midwest Salvage Dodge City Ford
G-KS97-0001 Kauffman Engineering Junction City Geary
G-LR15-0002 GBW Railcar Services, LLC (fka Watco Mechanical Services) Junction City Geary
S-AR04-0020 Patterson Health Center Harper Harper
S-LA13-0070 Sand Creek Station Phase III Newton Harvey
S-KS42-0008 Lake Daabinawa Spillway/Grading Improvements McLouth Jefferson
G-MC51-0005 Fleet Care (New Century) Gardner Johnson
S-KS20-0018 Moonlight Bus. Ctr. III Gardner Johnson
S-KS32-0012 Cornerstone of Leawood Leawood Johnson
S-KS45-0029 Mission Trails Mission Johnson
S-KS52-0491 56 Commerce Center of Johnson County, Lot 3 Olathe Johnson
S-KS52-0526 Johnson County Courthouse Olathe Johnson
S-KS55-0070 Leabrooke 3rd Plat Overland Park Johnson
S-KS68-0290 Reghan Place (S16-T12S-R24E) Shawnee Johnson
S-KS68-0340 VHA Outpatient Clinic–Shawnee, KS Shawnee Johnson
S-KS68-0360 Attic Storage of Shawnee Shawnee Johnson
S-MC08-0045 Widmer Property Edgerton Johnson
S-MC45-0048 Country Meadows Industrial Park, Lot 5 Spring Hill Johnson
S-MC45-0084 Estates of Wolf Creek, 7th Plat Spring Hill Johnson
S-MO28-0420 Storagemart–Overland Park Overland Park Johnson
S-MO28-0482 I2D Properties, LLC Overland Park Johnson
G-NE29-0001 Ruskin Company Galesburg Labette
S-NE55-0051 The Villas at LCC Parsons Labette
S-KS04-0073 147th Street Improvements Basehor Leavenworth
G-NE24-0003 Emporia Transfer Station and Recycling Center (City of Emporia) Emporia Lyon
G-NE24-0004 V. A. Basgall Public Works Center Emporia Lyon
G-NE24-0011 Emporia Wastewater Treatment Plant Emporia Lyon
S-NE02-0006 2017 Water System Improvements Americus Lyon
S-NE52-0005 Pyramid Stone Olpe Lyon
S-NE64-0001 Diamond Vista Wind Farm Project Tampa Marion
S-BB04-0017 Claeys Brothers, Site BBR 50 Blue Rapids Marshall
S-BB13-0036 RJ Farms, Site BBR 55 Marysville Marshall
G-LA11-0011 North American Specialty Products McPherson McPherson
S-MC20-0049 Danford Drive Improvements Louisburg Miami
S-VE04-0010 North Interceptor Sewer C20170901 Caney Montgomery
S-VE23-0037 West Moundview Marsh Improvements Independence Montgomery
S-NE17-0016 Bridge Over Tributary to Fourmile Creek Council Grove Morris
G-VE35-0001 Hurricane Services, Inc Thayer Neosho
S-KS38-0347 Panera Bread at Poyntz and Sander Manhattan Pottawatomie
S-AR27-0020 Pratt Wind–Kingman Substation Addition Cunningham Pratt
G-KS38-0009 Shilling Construction Asphalt Plant Manhattan Riley
S-KS38-0304 Pinehurst Addition Manhattan Riley
S-KS38-0351 2018 River Pond Road Manhattan Riley
G-SH31-0004 MARBLE ARCH LLC Russell Russell
G-AR94-0135 North American Aviation Wichita Sedgwick
S-AR24-0020 West Wichita Cox Facility Colwich Sedgwick
S-AR58-0005 Wyn-Wood Addition-Commercial Phase Maize Sedgwick
S-AR58-0006 Carriage Crossing 5th Maize Sedgwick
S-AR58-0045 119th Street Waterline–Well House to 53rd St Maize Sedgwick
S-AR69-0037 Part of Saddlebrook 3rd Addition Park City Sedgwick
S-AR94-0089 Waterfront Addition, The Wichita Sedgwick
S-AR94-0111 Power CDC Second and Third Additions Wichita Sedgwick
S-AR94-1293 Foley Lot Grading Wichita Sedgwick
S-AR94-1386 Etezazi Industries, Inc. Wichita Sedgwick
S-AR94-1427 Cornejo North Addition, Lot 3, Blk 1 Wichita Sedgwick
S-AR94-1428 Hall Swim School Wichita Sedgwick
S-AR94-1442 Elements Hotel–Innovation Campus Wichita Sedgwick
S-AR94-1495 Wichita Cheddars Redevelopment Wichita Sedgwick
S-LA23-0023 Epic Sports Bel Aire Sedgwick
G-KS72-0001 Langley Recycling of Topeka (Branner) Topeka Shawnee
G-KS72-0002 Langley Recycling of Topeka (Tyler) Topeka Shawnee
S-KS72-0378 Washburn Rural High School Baseball Field Topeka Shawnee
S-KS72-0481 Project T-841017.53 Hicrest Neighborhood Street Repair Topeka Shawnee
S-KS72-0500 Misty Harbor Estates No. 5 Topeka Shawnee
S-KS72-0544 Topeka Zoo: Camp Cowabunga Topeka Shawnee
S-KS72-0550 Improvements to SW Oakley Ave. Topeka Shawnee
S-KS72-0567 S Kansas Ave.–SW 21st to SW 19th Topeka Shawnee
S-KS72-0594 Clarion Woods (Temporary Access Road) Topeka Shawnee
G-KS72-0017 US Food Service Topeka Shawnee
S-CI07-0035 Carpenter Substation Hugoton Stevens
G-UR06-0002 Wagoner & Sons, Inc. Colby Thomas
S-KS06-0067 Canaan Center Second Phase Bonner Springs Wyandotte
S-KS27-0143 626 N 47th St Special Use Kansas City Wyandotte
S-KS27-0206 Commercial Grading for Schlitterbahn Kansas City Wyandotte
S-KS27-0243 Recycling Materials Relocating Kansas City Wyandotte
S-KS27-0256 A1 Septic & Sewer Kansas City Wyandotte
S-MO25-0124 Home Goods at Legends Kansas City Wyandotte
S-MO25-0135 Grant Elementary Kansas City Wyandotte
S-MO25-0139 Rosedale Middle School Kansas City Wyandotte
Proposed Action: The Kansas Department of Health and Environment (KDHE) issued Authorizations for stormwater discharges under of the Construction Stormwater General Permit for the above named projects. K.S.A. 65-166a requires the Secretary of KDHE to assess appropriate annual fees for Authorizations/Permits issued by the Department and provides that failure to pay the annual fee shall be cause for revocation/termination of the Authorization/Permit. The authorized entities named above have failed to comply with the requirement to pay the annual fee. Further, according to K.A.R. 28-16-62(f)-(g), the director has discretion to initiate termination of a permit. Therefore, pursuant to K.S.A. 65-166a, K.A.R. 28-16-60 and K.A.R. 28-16-62, KDHE is hereby providing notice of intent to terminate the Authorizations associated with the projects named herein. The entity may re-instate the Authorization by paying the appropriate annual fees. If you have any questions regarding the termination of your permit, please contact the Stormwater Coordinator.

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 September 25, 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-21-268/276, KS-NQ-21-009) 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 Stuart Klaus, 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. 049383