Publications iconKansas Register

Volume 40 - Issue 7 - February 18, 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-21-067/081

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
John Polok
1531 400 Ave.
Hope, KS 67451
NE/4 of Section 20
and NW/4 of Section 21
T16S, R03E
Dickinson County
Smoky Hill River Basin
Kansas Permit No. A-SHDK-B022
This is a renewal permit for an existing facility with a maximum capacity of 395 head (197.5 animal units) of cattle 700 pounds or less. There has been no change in the permitted animal units from the previous permit cycle.
Name and Address
of Applicant
Legal Description Receiving Water
Rogers Hereford Ranch
Jack Rogers
642 Wheeling Ave.
Long Island, KS 67647
E/2 of Section 21
T01S, R20W
Phillips County
Upper Republican River Basin
Kansas Permit No. A-URPL-B002
This is a renewal permit for an existing facility with a maximum capacity of 820 head (820 animal units) of cattle weighing more than 700 pounds, and 50 head (25 animal units) of cattle weighing less than 700 pounds, for a total of 870 head (845 animal units). There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Faye Farms
4790 11th Rd.
Udall, KS 67146
SW/4 of Section 20
T30S, R03E
Cowley County
Walnut River Basin
Kansas Permit No. A-WACL-M005
The proposed action is to reissue an existing state permit for an existing facility for 60 head (84 animal units) of mature dairy 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
Burgess Land & Cattle, LLC
Gary Burgess
11710 Adams Creek Rd.
Westmoreland, KS 66549
NE/4 of Section 21
T08S, R10E
Pottawatomie County
Kansas River Basin
Kansas Permit No. A-KSPT-B005
This is a renewal permit for an existing facility with the maximum capacity of 190 head (190 animal units) of cattle weighing more than 700 pounds, 760 head (380 animal units) of cattle weighing 700 pounds or less, and 4 head (8 animal units) of horses, for a total of 578 animal units. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Jennison Ranch Feedlot
Richard Jennison
239 N. Hickock Rd.
Healy, KS 67850
NE/4 of Section 5
T17S, R29W
Lane County
Smoky Hill River Basin
Kansas Permit No. A-SHLE-B003
This is a renewal permit for an existing facility for the maximum capacity of 900 head (900 animal units) of cattle weighing more than 700 pounds. There has been no change in the permitted animal units form the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Le-Dr Dairy, LLC
5309 N. Meridian
Newton, KS 67114
SE/4 of Section 25
T22S, R01W
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-M010
The proposed action is to reissue an existing state permit for an existing facility for 225 head (315 animal units) of mature dairy cows, 120 head (120 animal units) of cattle weighing more than 700 pounds, and 125 head (62.5 animal units) of cattle weighing less than 700 pounds; for a total maximum capacity of 497.5 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
Taylor Ranch
Harold Taylor
2025 Sheridan Ave., Apt. 5
Hoxie, KS 67740
NW/4 of Section 23
T08S, R27W
Sheridan County
Solomon River Basin
Kansas Permit No. A-SOSD-B002
This is a renewal permit for an existing facility for a maximum capacity of 900 head (900 animal units) of beef cattle more than 700 pounds. There has been no change in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
DeLong Farms
Darryl DeLong
2485 Burlingame Rd.
Admire, KS 66860
SW/4 of Section 20
T18S, R12E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-B003
This is a renewal permit for an existing facility for the maximum capacity of 900 head (900 animal units) of beef cattle weighing more than 700 pounds. There has been no change in the permitted animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Wolf Dairy, LLC
Carl Wolf
7827 CR W
Quinter, KS 67752
NW/4 of Section 14
T12S, R26W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-M004
This is a renewal permit for an existing facility with the maximum capacity of 130 head (182 animal units) of mature dairy cattle and 20 head (10 animal units) of dairy cattle less than 700 pounds, for a total of 192 animal units. There has been no change in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Sand Creek Feeders
Marlin D. Miller
7305 W. Morgan Ave.
Hutchinson, KS 67501
NE/4 of Section 1
T24S, R07W
Reno County
Lower Arkansas River Basin
Kansas Permit No. A-ARRN-B005
The proposed action is to reissue an existing state permit for an existing facility for 70 head (70 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 Waste Management Plan on file with KDHE. 
Name and Address
of Applicant
Legal Description Receiving Water
Borntrager Dairy
Phineas Borntrager
23444 NW Indiana Rd.
Welda, KS 66091
SW/4 of Section 7
T21S, R19E
Anderson County
Marais des Cygnes River Basin
Kansas Permit No. A-MCAN-M015
This is a renewal permit for an existing facility with a maximum capacity of 80 head (112 animal units) of mature dairy cattle, 20 head (20 animal units) of cattle weighing more than 700 pounds and 40 head (20 animal units) of cattle weighing 700 pounds or less for a total of 140 head (152 animal units of cattle. There has been no change in the permitted animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Ohlde Farms, Inc.
Ronald Ohlde
1577 4th Rd.
Palmer, KS 66962
SE/4 of Section 8
T05S, R03E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-B002
This is a renewal permit for an existing facility with a maximum capacity of 950 head (950 animal units) of cattle more than 700 pounds. This represents a decrease in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Clark Bros. & Hudson
Tracy Clark
7109 W. 80th St.
Overland Park, KS 66204
SE/4 of Section 31
T19S, R24E
Linn County
Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-S008
This is a renewal permit for an existing facility with the maximum capacity of 88 (35.2 animal units) of swine weighing more than 55 pounds and 700 head (70 animal units) of swine weighing 55 pounds or less, for a total of 788 head (105.2 animal units). There has been no change in animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Linchpin Farms, LLC
Ryan Molz/Eric Molz
PO Box 124
Kiowa, KS 67070
SW/4 of Section 4
T35S, R11W
Barber County
Lower Arkansas River Basin
Kansas Permit No. A-ARBA-B001
This is a renewal permit for an existing facility for the maximum capacity of 900 head (900 animal units) of cattle weighing more than 700 pounds. There has been no change in the permitted animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Jons Dairy
Gary Jons
17335 158th St.
Basehor, KS 66007
SE/4 of Section 15
T11S, R22E
Leavenworth County
Kansas River Basin
Kansas Permit No. A-KSLV-M003
This is a renewal permit for an existing facility with the maximum capacity of 100 head (140 animal units) of dairy cows, 31 head (31 animal units) of dairy breeding stock weighing more than 700 pounds, and 35 head (17.5 animal units) of dairy calves; for a total of 188.5 animal units of cattle. There has been no change in animal units from the previous permit.

Public Notice No. KS-Q-21-008/009

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), and Federal Surface Water Criteria.

Name and Address
of Applicant
Receiving Stream Type of Discharge
Mid-States Materials, LLC
PO Box 236
Topeka, KS 66601
Neosho River via
Ogeese Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-NE29-PO02
Federal Permit No. KS0101885
Legal Description: S½, S34, T29S, R19E, Neosho County, Kansas
Facility Name: Galesburg Quarry
The proposed action is to issue a new State/NPDES permit for a new facility. This facility is engaged in a limestone quarrying operation with some washing. Outfall 001A1 consists of treated wash-water, storm-water runoff and pit water. Outfalls 002A1, 003A1, 004A1 and 005A1 consist of pit water and storm-water runoff only. 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 users. The proposed permit contains limits for total suspended solids.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Glen Elder, City of
PO Box 17
Glen Elder, KS 67446
Solomon River Process Wastewater
Kansas Permit No. I-SO18-PO01
Federal Permit No. KS0101460
Legal Description: SW¼, S34, T6S, R9W, Mitchell County, Kansas
Outfall Location: SW¼, S27, T6S, R9W, Mitchell County, Kansas
Facility Name: Mitchell County RWD #2
The proposed action is to issue a new State/NPDES permit for a new facility. This is a public water supply treatment plant. Raw water for the treatment comes from Waconda Lake. After the grit removal, sodium permanganate is added to address manganese, iron, taste and odor issues prior to treatment. Water then goes to a pulsating clarifier. Effluent is then injected with ammonium sulfate and sodium hypochlorite prior to entering gravity sand filters. 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 users. The proposed permit contains limits for total residual chlorine, total suspended solids, and pH, as well as monitoring for flow, chloride, total recoverable selenium, sulfate and total phosphorus.

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 20, 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-21-067/081, KS-Q-21-008/009) 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. 048867