Publications iconKansas Register

Volume 40 - Issue 42 - October 21, 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-21-315/319

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Circle R Farms, LLP - Rezac Feedlot
24430 Aiken Switch Rd.
Onaga, KS 66521
S/2 of Section 6
T18S, R12E
Pottawatomie County
Kansas River Basin
Kansas Permit No. A-KSPT-B009
The proposed action is to issue a new state permit for a facility for 480 head (480 animal units) of cattle weighing more than 700 pounds, and 500 head (250 animal units) of cattle weighing less than 700 pounds, and 8 head (16 animal units) of horses; for a total of 746 animal units. The facility will consist of 24.6 acres of open pens and a waste management system consisting of one wastewater retention structure. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Kansas Bull Development, LLC
Brian Hagedorn
9760 Onaga Rd.
Wamego, KS 66547
SE/4 of Section 31
T08S, R11E
Pottawatomie County
Kansas River Basin
Kansas Permit No. A-KSPT-B003
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
Lazy H Ranch
Dave Hubbard
16996 Road 3
McDonald, KS 67745
NE/4 of Section 29
T03S, R36W
Rawlins County
Upper Republican River Basin
Kansas Permit No. A-URRA-B003
The proposed action is to reissue an existing state permit for an existing facility for 950 head (950 animal units) of cattle 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
Dunn Swine, LLC
863 NW 10th Ave.
St. John, KS 67576
NE/4 of Section 5
T23S, R13W
Stafford County
Lower Arkansas River Basin
Kansas Permit No. A-ARSF-H001
Federal Permit No. KS0089958
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 1,855 head (742 animal units) of swine weighing more than 55 pounds and 2,675 head (267.5 animal units) of swine weighing 55 pounds or less; for a total of 1,009.5 animal units of swine. The facility’s NMP was updated to include a change in the application rate limitation for one field. The application rate limitations for W/2 has 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
Limestone Hills, LLC
522 17th Rd.
Haddam, KS 66944
NW/4 of Section 14
T03S, R01E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-H009
Federal Permit No. KS0096156
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 1,855 head (742 animal units) of swine weighing more than 55 pounds and 2,675 head (267.5 animal units) of swine weighing 55 pounds or less; for a total of 1,009.5 animal units of swine. The facility’s NMP was updated to include a change in the application rate limitation for one field. The application rate limitations for W/2 has 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.

Public Notice No. KS-Q-21-090/094

The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 281628 (bg), and Federal Surface Water Criteria.

Name and Address
of Applicant
Receiving Stream Type of Discharge
Coffeyville, City of
PO Box 1629
Coffeyville, KS 67337-1629
Verdigris River Treated Domestic Wastewater
Kansas Permit No. M-VE09-OO01
Federal Permit No. KS0050733
Legal Description: NW¼, NE¼, S13, T35S, R16E and SW¼, SE¼, S12, T35S, R16E, Montgomery County, Kansas
Facility Location: 503 E. County Rd. 1400, Coffeyville, KS 67337
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical treatment plant consisting of screening and grit removal, alkalinity addition (not in use), activated sludge (SBR 4-basins), UV disinfection of effluent, gravity belt thickener, aerated sludge storage, non-aerated sludge storage and a peak wet weather holding basin. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, pH, whole effluent toxicity, and priority pollutants, as well as monitoring for dissolved oxygen, total phosphorus, total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, selenium, lead, and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Cornejo & Sons, LLC
2060 E. Tulsa St.
Wichita, KS 67216
Neosho River via
Rock Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-NE25-PO01
Federal Permit No. KS0088889
Legal Description: NW¼ of SE¼, S9 and NW¼ of S10, T29S, R19E, Neosho County, Kansas
Facility Name: Erie 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 001A and 002A consist of stormwater runoff. Outfalls 003A, 004A, and 005A consist of pit water that is pumped from settling ponds before being discharged. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Independence, City of
120 N. 6th St.
Independence, KS 67301
Verdigris River Treated Domestic Wastewater
Kansas Permit No. M-VE23-OO02
Federal Permit No. KS0095486
Legal Description: SW¼, S29, T32S, R16E, Montgomery County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical treatment plant consisting of lift stations, two basin BNR activated sludge treatment system with internal clarifiers, three-cell peak flow holding basin, UV disinfection, aerated sludge storage, belt press sludge dewatering, and a dewatered biosolids storage building. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, pH, whole effluent toxicity, and priority pollutants, as well as monitoring for total phosphorus, total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, and flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Nortonville, City of
PO Box 177
Nortonville, KS 66060
Crooked Creek via
Unnamed Tributary
Treated Domestic Wastewater
Kansas Permit No. M-KS50-OO01
Federal Permit No. KS0047562
Legal Description: SE¼, SW¼, NW¼ and NE¼, NW¼, SW¼, S29, T7S, 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. 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 2/2/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 9.0 mg/L for this facility. The EED was completed on 3/22/2021. 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
Tonganoxie, City of
PO Box 326
Tonganoxie, KS 66086
Stranger Creek via
Tonganoxie Creek
Treated Domestic Wastewater
Kansas Permit No. M-KS71-OO02
Federal Permit No. KS0093092
Legal Description: NE¼, SW¼, SW¼, S10, T11S, R21E, Leavenworth County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility consists of a cyclone grit removal system, mechanical bar screen with washer/compactor, activated sludge extended aeration basin, two final clarifiers, UV disinfection, and an aerated sludge holding tank and sludge belt filter press. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, pH, and E. coli, as well as monitoring for nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total phosphorus, lead, and flow.

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 November 20, 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-21-315/319, KS-Q-21-090/094) 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. 049513