Publications iconKansas Register

Volume 40 - Issue 45 - November 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 28-16-57a 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-21-330

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Perdue Premium Meat Company, Inc.
31149 Old Ocean City Rd.
Salisbury, MD 21804
Perdue Premium Meat Company, Inc. – Monarch Sow Farm
31149 Old Ocean City Rd.
Salisbury, MD 21804
Legal Description Receiving Water
NE/4 of Section 03
T27S, R21E
Neosho County
Neosho River Basin
Kansas Permit No. A-NENO-S024
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 1,600 head (640 animal units) of swine weighing more than 55 pounds each and 3,300 head (330 animal units) of swine weighing less than 55 pounds, for a total of 970 animal units. The complete application can be viewed at the office of the Neosho County Clerk, the KDHE District Office in Chanute, KS or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-21-331

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address
of Applicant
Owner of Property Where
Facility Will Be Located
Perdue Premium Meat Company, Inc.
31149 Old Ocean City Rd.
Salisbury, MD 21804
Perdue Premium Meat Company, Inc. – Savonburg Isolation Farm
31149 Old Ocean City Rd.
Salisbury, MD 21804
Legal Description Receiving Water
NE/4 of Section 03
T27S, R21E
Neosho County
Neosho River Basin
Kansas Permit No. A-NENO-S025
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 600 head (240 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Neosho County Clerk, the KDHE Southeast District Office in Chanute, KS or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-21-332/339

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Maple Creek Farms, LLC - Roberts 1 #654 - #655
1221 W. CR DD
Leoti, KS 67861
NE/4 of Section 31
T20S, R38W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H001
Federal Permit No. KS00094951
The proposed action is to reissue an existing NPDES permit for an existing facility for a maximum capacity of 43,200 head (17,280 animal units) of swine weighing more than 55 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
Maple Creek Farms, LLC - Roberts 2 #656
1562 S. CR 3
Leoti, KS 67861
SE/4 of Section 32
T20S, R38W
Wichita County
Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H002
Federal Permit No. KS0095079
The proposed action is to reissue an existing NPDES permit for an existing facility for a maximum capacity of 21,600 head (8,640 animal units) of swine weighing more than 55 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
Headrick Feedlot
Neil Bonjour
1375 H Rd.
Jewell, KS 66949
N/2 of Section 31
T04S, R08W
Jewell County
Solomon River Basin
Kansas Permit No. A-SOJW-B002
The proposed action is to reissue an existing state permit for an existing facility for 850 head (850 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
Kopfer Dairy
Larry D. Kopfer
2129 17th Rd.
Clay Center, KS 67432
SW/4 of Section 09
T08S, R04E
Clay County
Lower Republican River Basin
Kansas Permit No. A-LRCY-M005
The proposed action is to reissue an existing state permit for an existing facility for 100 head (140 animal units) of mature dairy cattle and 80 head (40 animal units) of cattle weighing less than 700 pounds for a total of 180 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
Thielen Farms, LLC
PO Box 112
Dorrance, KS 67634
SE/4 of Section 36
T13S, R12W
Russell County
Smoky Hill River Basin
Kansas Permit No. A-SHRS-B005
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 animal units) of cattle more than 700 pounds and 4 head (8 animal units) of horses for a total of 908 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
Norris Dairy
Patty Norris
37070 W. 191st St.
Edgerton, KS 66021
SW/4 of Section 31
T14S, R22E
Johnson County
Marais des Cygnes River Basin
Kansas Permit No. A-MCJO-M004
The proposed action is to reissue an existing state permit for an existing facility for 80 head (112 animal units) of mature dairy cattle, 40 head (40 animal units) of dairy heifers, 40 head (20 animal units) of dairy calves, and 250 head (100 animal units) of swine more than 55 pounds, for a total of 272 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
Steven Cox Associates, LLC - SCA New Look 2
504 W. 1500 Rd.
Long Island, KS 67647
NW/4 of Section 21
T01S, R20W
Phillips County
Upper Republican River Basin
Kansas Permit No. A-URPL-S010
The proposed action is to reissue an existing state permit for an existing facility for 2,190 head (876 animal units) of swine more than 55 pounds and 1,150 head (115 animal units) of swine 55 pounds or less, for a total of 3,340 head (991 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
Seaboard Foods, LLC - Breeding #3, 4, 5, 6, and 7
02350 Rd 20 (Farm 3)
02110 Blvd Z (Farm 4)
02115 Blvd Z (Farm 5)
02155 Blvd Y (Farm 6)
02215 Blvd Z (Farm 7)
Rolla, KS 67954
#3 NW/4 of NW/4 of SW/4 of Section 29
#4 SW/4 of SW/4 of SW/4 of Section 21
#5 NW/4 of NW/4 of SW/4 of Section 28
#6 NE/4 of NE/4 of NE/4 of Section 33
#7 NE/4 of NE/4 of NW/4 of Section 27
T31S, R40W
Morton County
Cimarron River Basin
Kansas Permit No. A-CIMT-H001
Federal Permit No. KS0091341
The proposed action is to reissue an existing NPDES permit for an existing facility for a maximum capacity of 37,850 head (15,140 animal units) of swine weighing more than 55 pounds each; and for 39,460 head (3,946 animal units) of swine weighing 55 pounds or less each; for a total of 19,086 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.

Public Notice No. KS-Q-21-098/107

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
James Anderson
2624 NE 39th St.
Topeka, KS 66617
Kansas River via
Muddy Creek via
Treated Domestic Wastewater
Kansas Permit No. C-KS43-OO01
Federal Permit No. KS0079251
Legal Description: NE¼, SE¼, NW¼, S31, T10S, R17E, Jefferson County, Kansas
Facility Name: Anderson’s Mobile Home Park
Facility Location: 3770 Park Dr., Meriden, KS 66512
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 E. coli, as well as monitoring for ammonia.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Caney, City of
100 W. 4th St.
Caney, KS 67333-0129
Little Caney River Process Wastewater
Kansas Permit No. I-VE04-PO01
Federal Permit No. KS0097233
Legal Description: NW¼, NW¼, SE¼, S2, T35S, R13E, Montgomery County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is an existing surface water treatment plant. Water from the Little Caney River is treated with poly aluminum chloride, powdered activated carbon, sodium permanganate, sodium hydroxide, aluminum chlorohydrate (ACH) and polymer prior to clarification. After clarification, ortho/poly phosphate is added, and the settled water is filtered using microfiltration membranes. The filtered water is treated with sodium hydroxide, chlorine and ammonium sulfate prior to introduction into the distribution system. Sludge from the clarifiers, chlorinated filter backwash water and clean-in-place chemicals consisting of a chlorine, caustic and citric acid solutions are routed to a two-cell parallel or series operated lagoon wastewater treatment facility which overflows to the receiving stream. The proposed permit contains limits for total residual chlorine, total suspended solids, and pH.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Eudora, City of
PO Box 650
Eudora, KS 66025
Wakarusa River Treated Domestic Wastewater
Kansas Permit No. M-KS17-OO02
Federal Permit No. KS0094609
Legal Description: S½, NE¼, SW¼, S5, T13S, R21E, Douglas County, Kansas
Facility Location: 702 W. 7th St., Eudora, KS 66025
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical wastewater treatment plant consisting of mechanical screening and grit separator, two activated sludge-extended aeration basins, two final clarifiers, UV disinfection, cascade aeration, two aerobic digesters, belt filter press, sludge storage building, and an extraneous flow holding pond. The proposed permit contains a schedule of compliance to complete a construction process to rehabilitate the main lift station, including a construction of a chemical feed system for phosphorus removal. The construction of the chemical feed system will help the facility meet the total phosphorus Total Maximum Daily Load (TMDL) Waste Load Allocation (WLA) limits. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, pH, and E. coli, as well as monitoring for total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, total phosphorus, and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Eureka, City of
PO Box 68
Eureka, KS 67045
Fall River via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-VE16-OO02
Federal Permit No. KS0083178
Legal Description: NW¼, NE¼, SW¼, S7, T26S, R11E, Greenwood County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a four-cell wastewater stabilization lagoon system. 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 condition (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 6/30/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 4.2 mg/L for this facility.  The EED was completed on 8/13/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, E. coli and ammonia.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Hanston, City of
PO Box 165
Hanston, KS 67849
Buckner Creek Treated Domestic Wastewater
Kansas Permit No. M-UA17-OO01
Federal Permit No. KS0031143
Legal Description: NW¼, SW¼, NE¼, S23, T22S, R22W, Hodgeman County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical wastewater treatment plant consisting of an Imhoff tank, trickling filter, final sedimentation, and UV disinfection of effluent. This proposed permit contains a schedule of compliance for the permittee to construct a new lagoon facility to meet 2013 ammonia criteria final limits. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total phosphorus, copper, lead and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Huron, City of
PO Box 154
Huron, KS 66041
Delaware River via
Little Grasshopper Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-KS26-OO01
Federal Permit No. KS0047473
Legal Description: NE¼, NW¼, NE¼, S12, T5S, R18E, Atchison County, Kansas
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, ammonia, and E. coli, as well as total phosphorus.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Leavenworth County Commission
300 Walnut, Suite 007
Leavenworth, KS 66048
Kansas River via
Wolf Creek
Treated Domestic Wastewater
Kansas Permit No. M-KS06-OO03
Federal Permit No. KS087157
Legal Description: NW¼, NE¼, NE¼, S25, T11S, R22E, Leavenworth County, Kansas
Facility Name: Leavenworth County S.D. #2 (Timberlake)
Facility Location: 148th and Metropolitan, Leavenworth County, KS
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, ammonia, and E. coli, as well as monitoring for total phosphorus.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Montgomery County Board of County Commissioners
PO Box 446
Independence, KS 67301
Verdigris River
via Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-VE40-OO01
Federal Permit No. KS0086193
Legal Description: SW¼, SE¼, SW¼, S19, T31S, R16E, Montgomery County, Kansas
Facility Name: Montgomery County S.D. #5 (Sycamore)
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 E. coli, as well as monitoring for ammonia and lead.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Muscotah, City of
PO Box 295
Muscotah, KS 66058
Delaware River Treated Domestic Wastewater
Kansas Permit No. M-KS48-OO01
Federal Permit No. KS0085707
Legal Description: SE¼, NE¼, NW¼, S9, T6S, R17E, Atchison 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, ammonia, and E. coli, as well as monitoring for total phosphorus.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Perry, City of
PO Box 724
Perry, KS 66073
Old Channel of Delaware River Treated Domestic Wastewater
Kansas Permit No. M-KS58-OO01
Federal Permit No. KS0029084
Legal Description: NE¼, NE¼, SE¼, S27, T11S, R18E, 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. 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 7/27/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.0 mg/L for this facility.  The EED was completed on 8/13/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as total phosphorus.

Public Notice No. KS-NQ-21-011

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
LandMark Implement
291 E. US-36 Hwy.
Phillipsburg, KS 67661
SE¼, SE¼, SW¼,
S30, T3S, R17W,
Phillips County, Kansas
Non-Overflowing
Kansas Permit No. C-SO31-NO01
Federal Permit No. KSJ001000
The proposed action is to issue a new non-discharging State/NPDES permit for a new non-discharging facility. This facility is a one-cell, HDPE-Lined wastewater stabilization lagoon system. This proposed permit contains a schedule of compliance for the facility to employ a KDHE-certified operator.

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 December 11, 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-21-330/339, KS-Q-21-098/107, KS-NQ-21-011) 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 Paige Drury, 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. 049560