Publications iconKansas Register

Volume 40 - Issue 6 - February 11, 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 28-16-57 through 63, 28-18-1 through 17, 28-18a-1 through 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-21-052/066

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Rock-Home Holsteins
2364 K-15 Hwy.
Hillsboro, KS 67063
NW/4 of Section 9
T19S, R02E
Marion County
Neosho River Basin
Kansas Permit No. A-NEMN-M026
The proposed action is to reissue an existing state permit for an existing facility for 245 head (245 animal units) of cattle weighing more than 700 pounds and 90 head (45 animal units) of cattle weighing less 700 pounds; for a total maximum capacity of 290 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
Ed Wait
15160 SW 10th
Benton, KS 67017
SE/4 of Section 5
T26S, R03E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-S041
The proposed action is to reissue an existing state permit for an existing facility for 1,150 head (460 animal units) of swine weighing more than 55 pounds and 200 head (20 animal units) of swine weighing 55 pounds or less; for a total maximum capacity of 1,350 head (480 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
Pete’s Feedyard – Rosie Clair Estate
Lloyd Clair
10113 Marshall Rd.
Ensign, KS 67841
NW/4 of Section 5
T27S, R26W
Ford County
Upper Arkansas River Basin
Kansas Permit No. A-UAFO-B011
This is a renewal permit for an existing facility with the maximum capacity of 998 head (998 animal units) of cattle weighing more than 700 pounds. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Jost Farm
James O. Jost
2646 AA Ave.
Burdick, KS 66838
NE/4 of Section 12
T17S, R05E
Morris County
Neosho River Basin
Kansas Permit No. A-NEMR-B007
This is a renewal permit for an existing facility for the maximum capacity of 480 head (480 animal units) of beef cattle weighing more than 700 pounds. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Anthony Wiebe
557 Frontier Rd.
McPherson, KS 67460
NE/4 of Section 12
T20S, R05W
McPherson County
Little Arkansas River Basin
Kansas Permit No. A-LAMP-B008
This is a renewal permit for an existing facility with a maximum capacity of 80 head (80 animal units) of cattle more than 700 pounds and 80 head (40 animal units) of cattle 700 pounds or less; for a total of 120 animal units. There has been no change in animal units from the previous permit cycle.
Name and Address
of Applicant
Legal Description Receiving Water
Dale Love
14010 Lake Cable Rd.
Partridge, KS 67566
SW/4 of Section 31
T24S, R07W
Reno County
Lower Arkansas River Basin
Kansas Permit No. A-ARRN-S009
The proposed action is to reissue an existing state permit for an existing facility for 800 head (320 animal units) of swine weighing more than 55 pounds and 400 head (40 animal units) of swine weighing 55 pounds of less; for a total of 1,200 head (360 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
Aue Farms
Weldon Aue
3070 Chickadee Rd.
Morrill, KS 66515
NE/4 of Section 16
T01S, R15E
Brown County
Missouri River Basin
Kansas Permit No. A-MOBR-B004
This is a renewal permit for an existing facility with the maximum capacity of 250 head (125 animal units) of beef cattle 700 pounds or less. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Becker Family Farms, Inc.
Donald Becker
680 E. Rd.
Centralia, KS 66415
N/2 of the NW/4 of Section 2
T05S, R11E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S016
This is a renewal permit for an existing facility for the maximum capacity of 732 head (292.8 animal units) of swine weighing more than 55 pounds and 960 head (96 animal units) of swine 55 pounds or less, for a total of 388.8 animal units. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Rethman Farms, Inc.
Douglas and Deborah Rethman
1157 120th Rd.
Seneca, KS 66538
SE/4 of Section 14
T03S, R12E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-S001
The proposed action is to reissue an existing state permit for an existing facility for 1,720 head (688 animal units) of swine more than 55 pounds and 840 head (84 animal units) of swine weighing 55 pounds or less; for a total maximum capacity of 772 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
Eckman Dairy
Steve and Nancy Eckman
825 E. 1600 Rd.
Baldwin City, KS 66006
SE/4 of Section 5
T14S, R20E
Douglas County
Kansas River Basin
Kansas Permit No. A-KSDG-M005
This is a renewal permit for an existing facility with the maximum capacity of 85 head (119 animal units) of mature dairy cattle and 36 head (18 animal units) of cattle weighing 700 pounds or less, for a total of 137 animal units. There has been no change in the permitted animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Boot Hill Feeders
Connie Kuhlman
20041 SW C Rd.
Jetmore, KS 67854
S/2 of Section 23
and SE/4 of Section 22
T24S, R25W
Hodgeman County
Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C003
Federal Permit No. KS0115347
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 17,000 head (17,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitations for four fields. The field’s application rate limitations 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
McCarty Family Farms
Ken McCarty
2231 CR 31
Rexford, KS 67753
SW/4 of Section 18
T07S, R31W
Thomas County
Solomon River Basin
Kansas Permit No. A-SOTH-D001
Federal Permit No. KS0095150
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 10,800 head (15,120 animal units) of mature dairy cattle; 1,700 head (1,700 animal units) of dairy cattle weighing more than 700 pounds; and 100 head (50 animal units) of dairy cattle weighing 700 pounds or less; for a total of 12,600 head (16,870 animal units) of dairy cattle. The facilities’ NMP was updated to include the addition of three new land application fields and less restrictive application rate limitations for two existing fields. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Walt Farms, Inc.
Kevin Broeckelman
1028 D Rd.
Quinter, KS 67752
NW/4 of Section 19
T19S, R25W
Graham County
Saline River Basin
Kansas Permit No. A-SAGH-C001
Federal Permit No. KS0100331
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 3,000 head (1,500 animal units) of cattle weighing less than 700 pounds. The facility’s NMP was updated to cover the years 2021 through 2024, updated the methodology for calculating application rates of livestock waste, and revised the maximum application rate limitations for the fields listed in the NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE. 
Name and Address
of Applicant
Legal Description Receiving Water
Mongeau Farms, FLP
Martin Mongeau
1415 J Rd.
Stockton, KS 67669
NW/4 of Section 20
T07S, R18W
Rooks County
Solomon River Basin
Kansas Permit No. A-SORO-C002
Federal Permit No. KS0097551
An update to the Nutrient Management Plan (NMP) was received for this existing facility permitted for a maximum animal unit capacity of 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds and 3,200 head (1,600 animal units) of cattle weighing 700 pounds or less; for a total of 4,400 animal units. The facility’s NMP was updated to include the addition of two new land application fields and a less restrictive application rate limitation for one existing field. There are no changes to the permit or the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Bird City Dairy, LLC
Mike McCarty
1440 CR 32
Bird City, KS 67731
N/2 of the SW/4 of Section 27
and S/2 of the NW/4
of Section 27
T03S, R37W
Cheyenne County
Upper Republican
River Basin
Kansas Permit No. A-URCN-D001
Kansas Permit No. KS0099091
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 3,300 head (4,620 animal units) of mature dairy cattle and 300 head (150 animal units) of dairy cattle less than 700 pounds or less; for a total of 4,770 animal units. The facility’s NMP was updated to include a less restrictive application rate limitation change to one field. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-AG-R-21-002

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

Name and Address
of Applicant
Legal Description County
Kody Molzahn
25021 180 Rd.
Lebanon, KS 66952
NW/4 of Section 31
T03S, R11W
Smith

Public Notice No. KS-Q-21-007

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
Johnson County Wastewater
11811 S. Sunset Dr., Suite 2500
Olathe, KS 66061-7061
Blue River (MO) via
Indian Creek
Treated Domestic Wastewater
Kansas Permit No. M-MO27-OO03
Federal Permit No. KS0100854
Legal Description: SW¼, S10, T13S, R25E, Johnson County, Kansas
Facility Name: Tomahawk Creek Wastewater Treatment Facility
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This existing facility is in the process of being upgraded. Currently all flow is being diverted to the Kansas City, MO (KCMO) Blue River Wastewater Treatment Facility (Outfall 007AV). Following completion of the upgraded facility, this outfall will no longer be active. The upgraded facility will consist of an influent pump station, mechanical fine screens, grit removal, primary clarifiers, BNR activated sludge treatment basins, final clarifiers, anaerobic digestion, tertiary pump station, dual purpose disk filters, chlorine contact basins with sodium hypochlorite disinfection, and cascade reaeration. The proposed permit contains a schedule of compliance stating that following the substantial completion of the project addressed in the Consent Order 15-E-39 BOW, the permittee shall achieve compliance with the final permit limits. The proposed permit contains interim and final limits for biochemical oxygen demand, total suspended solids, pH, ammonia, E. coli, dissolved oxygen, whole effluent toxicity, and total residual chlorine, as well as monitoring for total phosphorous, total Kjeldahl nitrogen, flow, temperature, chloride, nitrate + nitrite, total nitrogen, and priority pollutants.

Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612-1367.

All comments regarding the draft documents or application notices received on or before March 13, 2021, will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-052/066, KS-AG-R-21-002, KS-Q-21-007) and name of the applicant/permittee when preparing comments.

After review of any comments received during the public notice period, the Secretary of Health and Environment will issue 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).

All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, Kansas. 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. 048848