Publications iconKansas Register

Volume 40 - Issue 36 - September 9, 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-21-281/287

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
LSI Countryside Feeding, LLC
Art Sauder
285 K-61 Hwy.
Great Bend, KS 67546
NW/4 of Section 20
T21S, R04W
McPherson County
Little Arkansas River Basin
Kansas Permit No. A-LAMP-T001
The proposed action is to reissue an existing state permit for a private truck washing facility for livestock transport vehicles. The facility consists of one enclosed washbay, a concrete solids separation basin, a solids stacking area and an earthen retention control structure. The facility will wash an average of 15 trailers/trucks per week. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Keating Farms
Patrick J. Keating
18750 Parallel Rd.
Wheaton, KS 66521
NE/4 of Section 3
T06S, R10E
Pottawatomie County
Big Blue River Basin
Kansas Permit No. A-BBPT-S007
The proposed action is to reissue an existing state permit for an existing facility for 350 head (140 animal units) of swine more than 55 pounds and 830 head (83 animal units) of swine 55 pounds or less, for a total of 1,180 head (223 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
Kent Rock
940 Lark Rd.
Hope, KS 67451
SW/4 of Section 20
T15S, R03E
Dickinson County
Smoky Hill River Basin
Kansas Permit No. A-SHDK-B030
The proposed action is to reissue an existing state permit for an existing facility for 450 head (225 animal units) of cattle weighing 700 pounds or less. 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
Sandy Road Farms, LLC – 14 Breeding
23649 Road 13
Kismet, KS 67869
SE/4 of Section 14
T33S, R31W
Seward County
Cimarron River Basin
Kansas Permit No. A-CISW-H005
Federal Permit No. KS0091766
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,720 head (1,088 animal units) of swine weighing more than 55 pounds and 4,000 head (400 animal units) of swine weighing 55 pounds or less; for a total of 1,488 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Dale E. Maneth
1171 NW 110 Rd.
Olmitz, KS 67564
NW/4 of Section 4
T18S, R15W
Barton County
Upper Arkansas River Basin
Kansas Permit No. A-UABT-B004
The proposed action is to reissue an existing state permit for an existing facility for 400 head (400 animal units) of confined 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
Diedrick Farms, Inc.
Shari Diedrick
688 Evergreen Rd.
Tescott, KS 67484
NE/4 of Section 7
T12S, R04W
Ottawa County
Saline River Basin
Kansas Permit No. A-SAOT-C001
Federal Permit No. KS0094625
The proposed action is to reissue an existing NPDES permit for an existing facility for 500 head (500 animal units) of cattle weighing greater than 700 pounds, and 600 head (300 animal units) of cattle weighing 700 pounds or less. 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
KRB Pork, Inc.
Robert A. Rogge
4th and Jade Rd.
Palmer, KS 66962
SE/4 of Section 10
T05S, R02E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-H007
Federal Permit No. KS0094956
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,000 head (3,200 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitation for their fields. One of the field’s application rate limitation became less restrictive than the previous permit. 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-21-084/085

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.
PO Box 17
Perry, KS 66073
Kansas River via
Stranger Creek via
Rock Creek
Process Wastewater
Kansas Permit No. I-KS96-PO01
Federal Permit No. KS0117358
Legal Description: SE¼ of S2 and W½ of NE¼ of S11, NE¼ of NW¼ of S11, T9S, R21E, Leavenworth County, Kansas
Facility Name: Leavenworth Quarry #17
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with some washing, however all wash water is recycled and not discharged. Outfalls 001A1 and 002A1 consist of pit drainage and stormwater runoff that are treated by settling ponds before discharging. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Legal Description Receiving Water
Heartland Cement
1765 Limestone Ln.
Independence, KS 67301
Verdigris River via
Rock Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-VE23-PO06
Federal Permit No. KS0100200
Legal Description: NE¼ of S4 and NW¼ of S5, T33S, R16E, Montgomery County, Kansas
Facility Name: Independence Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with no washing. Outfalls 001, 002, and 003 consist of mainly stormwater runoff. The discharge from Outfall 001 is treated by settling pond, before discharging. A portion of this site has been reclaimed. The cement distribution terminal to the north is covered by a separate, industrial stormwater permit (G-VE23-0007). The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-PT-21-007

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
Roy Applequist
107 S. Center
Assaria, KS 67416
Smith Center Municipal Wastewater Treatment Plant Process Wastewater
Kansas Permit No. P-SO38-OO01
Federal Permit No. KSP000121
Facility Name: Applequist Manufacturing
Facility Location: 618 E. US-36 Hwy., Smith Center, KS 67967
The proposed action is to issue a new pretreatment permit for a new facility. This facility manufactures small trailer implements, air seeder components, agricultural land leveling machines, and utility trailers. Steel parts are welded, phosphated, and painted to produce the final product. Regulated wastes consist of wastewater from a conversion coating (phosphating) operation, which consists of a process and a rinse tank. Process wastewater is treated with a chemical precipitation system and discharged via Outfall 001A1. The proposed permit contains limits 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 October 9, 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-21-281/287, KS-Q-21-084/085, KS-PT-21-007) 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. 049423