Publications iconKansas Register

Volume 40 - Issue 8 - February 25, 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-21-082/097

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
LaRosh Farm
Jhan LaRosh
2097 W. 100th Dr.
Osborne, KS 67473
NW/4 of Section 27
T07S, R14W
Osborne County
Solomon River Basin
Kansas Permit No. A-SOOB-B014
This is a reissued permit for an existing facility with a maximum capacity of 40 head (40 animal units) of cattle more than 700 pounds and 150 head (75 animal units) of cattle 700 pounds or less, for a total of 190 head (115 animal units) of cattle. There has been no change in the permitted animal units from the previous permit cycle.
Name and Address
of Applicant
Legal Description Receiving Water
Haverkamp Bros. Truck Wash
Alan Haverkamp
2976 L4 Rd.
Bern, KS 66408
E/2 of the NE/4 of Section 19
T01S, R13E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-T001
This is a reissued permit for an existing private truck wash facility that has the capacity for an average of 10 washes per week. There has been no change in the permitted average washes.
Name and Address
of Applicant
Legal Description Receiving Water
J-Six Enterprises, LLC – Cottrell Site
Jennifer A. Gerety
PO Box 170
Seneca, KS 66538
NW/4 of Section 26
T05S, R12E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S028
This is a reissued permit for an existing facility with the maximum capacity of 2,400 head (960 animal units) of swine more than 55 pounds. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
J-Six Enterprises, LLC – Strathman
Jennifer Gerety
PO Box 170
Seneca, KS 66538
NW/4 of Section 9
T05S, R13E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S025
This is a reissued permit for an existing facility with the maximum capacity of 2,400 head (960 animal units) of swine more than 55 pounds. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
William Nordhus
1206 144th Rd.
Seneca, KS 66538
NE/4 of Section 34
T02S, R13E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-S045
This is a reissued permit for an existing facility for a maximum capacity of 2,000 head (800 animal units) of swine weighing more than 55 pounds. There has been no change in the permitted animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Joe Pistora
24457 Linwood Rd.
Lawrence, KS 66044
NW/4 of Section 20
T12S, R21E
Leavenworth County
Kansas River Basin
Kansas Permit No. A-KSLV-S001
This is a reissued permit for an existing facility for a maximum capacity of 225 head (90 animal units) of swine more than 55 pounds and 1,480 head (148 animal units) of swine 55 pounds or less, for a total of 1,705 head (238 animal units). There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
Triple Smith Farms, LLC
Steven K. Smith
13011 SW 72nd
Halstead, KS 67056
NW/4 of Section 22
T24S, R02W
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-S039
This is a reissued permit for an existing facility for 40 head (20 animal units) of cattle weighing 700 pounds or less. The permitted animal units have decrease from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
R Family Farms, LLC
303 Walnut
Lebanon, KS 66952
SE/4 of Section 14
T03S, R11W
Smith County
Solomon River Basin
Kansas Permit No. A-SOSM-S024
The proposed action is to reissue an existing state permit for an existing facility for 555 head (222 animal units) of swine weighing more than 55 pounds and 240 head (24 animal units) of weighing 55 pounds or less; for a total maximum animal unit capacity of 246 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
Saline Star Feeders
Dennis Mader
14974 S. Road 140 E
Collyer, KS 67631
SW/4 of Section 31
T10S, R25W
Graham County
Saline River Basin
Kansas Permit No. A-SAGH-B005
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 750 head (375 animal units) of cattle weighing less than 700 pounds; for a total of 995 head (620 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
Albert Goetz
5042 E. Road 130 S
Park, KS 67751
SE/4 of Section 17
T10S, R27W
Sheridan County
Saline River Basin
Kansas Permit No. A-SASD-S006
This is a reissued permit for an existing facility with a maximum capacity for 550 head (55 animal units) of swine weighing less than 55 pounds, and 1,695 head (678 animal units) of swine weighing more than 55 pounds, for a total of 733 animal units. There has been no change in the permitted animal units.
Name and Address
of Applicant
Legal Description Receiving Water
S & M Pork
Sam Goering
190 21st Ave.
Moundridge, KS 67107
NW/4 of Section 3
T21S, R02W
McPherson County
Little Arkansas River Basin
Kansas Permit No. A-LAMP-S025
This is a reissued permit for an existing facility with a maximum capacity of 2,000 head (800 animal units) of swine more than 55 pounds. There has been no change in the permitted animal units from the previous permit cycle.
Name and Address
of Applicant
Legal Description Receiving Water
Penner Enterprises, Inc. – Pioneer Pork
PO Box 38
Whitewater, KS 67154
SE/4 of Section 35
T12S, R07E
and NE/4 of Section 2
T13S, R07E
Geary County
Kansas River Basin
Kansas Permit No. A-KSGE-S011
This is a reissued permit for an existing facility with a maximum capacity of 2,300 head (920 animal units) of swine more than 55 pounds and 25 head (25 animal units) of cattle more than 700 pounds, for a total of 2,325 head (945 animal units) of swine and cattle. There has been no change in the permitted animal units from the previous permit cycle.
Name and Address
of Applicant
Legal Description Receiving Water
Lynn Rock – Location 2
1669 1300 Ave.
Hope, KS 67451
SW/4 of Section 25
T14S, R03E
Dickinson County
Smoky Hill River Basin
Kansas Permit No. A-SHDK-B029
This is a reissued permit for an existing facility for the maximum capacity of 500 head (500 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
McCarty Family Farms, LLC
6650 N. Hwy US-83
Scott City, KS 67871
NW/4 of Section 18
T17S, R32W
Scott County
Smoky Hill River Basin
Kansas Permit No. A-SHSC-D001
Federal Permit No. KS0096318
This is a permit reissue for an existing facility with a maximum capacity of 2,800 head (3,920 animal units) of mature dairy cattle, and 500 head (250 animal units) of cattle weighing 700 pounds or less, for a total of 3,300 head (4,170 animal units). There has been no increase 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
Reeve Cattle Co., Inc.
Lee Reeve
PO Box 1036
Garden City, KS 67846
E/2 of Section 13
and NW/4 of Section 12
T25S, R33W
Finney County
Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C018
Federal Permit No. KS0091931
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 58,000 head (58,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for two fields. The fields’ application rate limitations for F36 and F48 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
Wedel Farms
Gary Wedel
17830 NW Diamond Rd.
Burns, KS 66840
NW/4 of Section 5
and NE/4 of Section 6
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-C011
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 1,800 head (1,800 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated as a requirement of the permit. There are no changes to the permit or in the permitted number of animal units. Only the updated Nutrient Management Plan is subject to comment.

Public Notice No. KS-Q-21-010/018

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
Cedar Vale, City of
PO Box 119
Cedar Vale, KS 67024
Caney River via
Cedar Creek
Treated Domestic Wastewater
Kansas Permit No. M-VE05-OO01
Federal Permit No. KS0116947
Legal Description: SW¼, NW¼, NE¼, S14, T34S, R8E, Chautauqua County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli.
Name and Address
of Applicant
Legal Description Receiving Water
Chautauqua, City of
PO Box 256
Chautauqua, KS 67334-0256
Turkey Creek Treated Domestic Wastewater
Kansas Permit No. M-VE06-OO01
Federal Permit No. KS0083291
Legal Description: SE¼, NW¼, NE¼, S11, T35S, R11E, Chautauqua County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli.
Name and Address
of Applicant
Legal Description Receiving Water
Cornejo & Sons, LLC
PO Box 16204
Wichita, KS 67216
Verdigris River via
Pumpkin Creek via
Process Wastewater
Kansas Permit No. I-VE09-PO12
Federal Permit No. KS0100943
Legal Description: SE¼, S26, T34S, R17E, Labette County, Kansas
Facility Name: Madron Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with no rock washing. Outfalls 001A1 and 002A1 consist of pit water and stormwater runoff only. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Legal Description Receiving Water
Edna, City of
PO Box 190
Edna, KS 67342
Deer Creek Treated Domestic Wastewater
Kansas Permit No. M-VE12-OO01
Federal Permit No. KS0024759
Legal Description: SW¼, SW¼, NE¼, S30, T34S, R19E, Labette County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli.
Name and Address
of Applicant
Legal Description Receiving Water
Jefferson County Board of County Commissioners
1212 Walnut
Oskaloosa, KS 66066
Perry Lake via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-KS56-OO06
Federal Permit No. KS0093173
Legal Description: SE¼, SE¼, NE¼, S29, T9S, R18E, Jefferson County, Kansas
Facility Name: Jefferson County Sewer District #6 – Lake Shore Estates
Facility Location: 9383 Delaware Dr., Ozawkie, KS 66070
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli, total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, and total nitrogen.
Name and Address
of Applicant
Legal Description Receiving Water
Mound Valley, City of
PO Box 164
Mound Valley, KS 67354
Verdigris River via
Pumpkin Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-VE28-OO01
Federal Permit No. KS0116980
Legal Description: SE¼, SE¼, NE¼, S3, T33S, R18E, Labette County, Kansas
Facility Location: 14060 Gray Rd., Mound Valley, KS 67354
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a two-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on 5/21/2020 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 9.2 mg/L for this facility. The EED was completed on 5/26/2020.
Name and Address
of Applicant
Legal Description Receiving Water
Oskaloosa, City of
PO Box 446
Oskaloosa, KS 66066
Slough Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-KS54-OO01
Federal Permit No. KS0046442
Legal Description: NE¼, NE¼, SW¼, S33, T9S, R19E, Jefferson County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli, total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, and total nitrogen. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on 5/12/2020 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 12.5 mg/L for this facility. The EED was completed on 5/21/2020.
Name and Address
of Applicant
Legal Description Receiving Water
Ransom, City of
PO Box 207
Ransom, KS 67572
Walnut Creek via
Bazine Dry Creek
Treated Domestic Wastewater
Kansas Permit No. M-UA34-OO01
Federal Permit No. KS0031453
Legal Description: NE¼, SE¼, SE¼, S26, T16S, R24W, Ness County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and pH, as well as monitoring for ammonia, E. coli, sulfates, selenium, and arsenic.
Name and Address
of Applicant
Legal Description Receiving Water
Severy, City of
PO Box 128
Severy, KS 67137
Salt Creek Treated Domestic Wastewater
Kansas Permit No. M-VE34-OO01
Federal Permit No. KS0029076
Legal Description: SE¼, SW¼, NW¼, S17, T28S, R11E, Greenwood County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli.

Public Notice No. KS-EG-21-002

In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address
of Applicant
Occidental Chemical Corporation
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No. KS-03-173-OPS5
Legal Description: Parsons 5-0: S30, T29S, R2W, Sedgwick County, Kansas
Parsons 5-1: S30, T29S, R2W, Sedgwick County, Kansas
Parsons 5-2: S30, T29S, R2W, Sedgwick County, Kansas
Parsons 5-3: S30, T29S, R2W, Sedgwick County, Kansas
Parsons 5-4: S30, T29S, R2W, Sedgwick County, Kansas
Parsons 5-5: S30, T29S, R2W, Sedgwick County, Kansas
Well Number Location
5-0 Latitude: 37.495842”
Longitude: -97.576503”
5-1 Latitude: 37.495842”
Longitude: -97.575469”
5-2 Latitude: 37.495842”
Longitude: -97.574433”
5-3 Latitude: 37.495842”
Longitude: -97.5734”
5-4 Latitude: 37.495842”
Longitude: -97.572367”
5-5 Latitude: 37.495842”
Longitude: -97.571331”
Facility Description: The proposed action is to issue six new Class III Injection Well permits for the wells listed above. Injection of fresh water and unsaturated brine is to be made into the Hutchinson Salt member of the Wellington formation. Mining shall not extend into the upper 50 feet of the salt deposit. The maximum operational injection pressure is not to exceed 130 pounds per square inch at the wellhead. The Wellington formation consists of inter-bedded salt and shale deposits with minor amounts of gypsum. The upper portion of the formation is primarily clayey shale with small amounts of gypsum present. The lower portion, which is known as the Hutchinson Salt member, is mainly salt with inter-bedded shale deposits. The salt deposits are first encountered about 250 feet below ground surface and extend to a depth of about 460 feet. All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class III Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-45 and other requirements of KDHE.

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 27, 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-21-082/097, KS-Q-21-010/018, KS-EG-21-002) 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 on the Internet 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. 048889