Volume 41 - Issue 4 - January 27, 2022

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-22-037/043

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
King Farm North Dan King 24583 NW 208 Rd. Jetmore, KS 67854	SE/4 of Section 12 T21S, R25W and SW/4 of Section 7 & NW/4 of Section 18 T21S, R24W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-B008
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 animal units) of cattle weighing greater 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
Russell Bunnel 16118 SW Maryland Rd. Welda, KS 66091	SW/4 of Section 14 T22S, R19E Anderson County	Neosho River Basin
Kansas Permit No. A-NEAN-B001
The proposed action is to reissue an existing state permit for an existing facility for 200 head (200 animal units) of cattle weighing more than 700 pounds, and 50 head (25 animal units) of cattle weighing 700 pounds or less for a total of 225 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
Larry Griffin 7030 Road E. 7 Almena, KS 67622	NE/4 of Section 11 T02S, R22W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-B007
The proposed action is to reissue an existing state permit for an existing facility for 400 head (400 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
Steven D. Miller Farms, Ltd. 1222 E. Plains Rd. Agra, KS 67621	NW/4 of Section 23 T03S, R16W Phillips County	Solomon River Basin
Kansas Permit No. A-SOPL-B008
The proposed action is to reissue an existing state permit for an existing facility for 180 head (180 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
Double B & S Cattle Company Gus Bartlett 10320 Wrangler Rd. Fowler, KS 67844	SW/4 of Section 15 & NW/4 of Section 22 T29S, R26W Ford County	Cimarron River Basin
Kansas Permit No. A-CIFO-C001 Federal Permit No. KS0115100
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (3,000 animal units) of cattle weighing more 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Grimm Bros., LLC 570 280th St. Morrill, KS 66515	SE/4 of Section 35 T01S, R15E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-M003
The proposed action is to reissue an existing state permit for an existing facility for 45 head (45 animal units) of cattle weighing more than 700 pounds, 150 head (75 animal units) of cattle weighing less than 700 pounds, 15,000 head (150 animal units) of chukar partridges, for a total of 270 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
Midwest Feeders, Inc. Jeff Sternberger 05013 13 Rd. Ingalls, KS 67853	S/2 of Section 24 and N/2 and SE/4 of Section 25 T24S, R29W & All of Section 19 and S/2 of Section 18 T24S, R28W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C005 Federal Permit No. KS0115169
The proposed action is to modify and reissue an existing State/NPDES permit for an expanding facility for a maximum capacity of 103,000 head (103,000 animal units), an increase of 29,000 head (29,000 animal units) of cattle weighing greater than 700 pounds. This permit is also being modified to include two new run-off areas, Area 9 and Area 10. These new areas are both located within the South ½ of Section 18, Township 24 South, Range 28 West. Construction will include 2 new earth retention structures for each of these new areas (RS 9 and RS 10). This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-AG-R-22-002

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

Name and Address of Registrant	Legal Description	County
Travis DeGroot 12225 E. US-160 Hwy. Satanta, KS 67870	All Quarters of Section 08 T28S, R31W	Haskell

Public Notice No. KS-Q-22-003/006

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
Cornejo & Sons, LLC 2060 E. Tulsa St. Wichita, KS 67216	Verdigris River via Elk River via Sycamore Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE29-PO03 Federal Permit No. KS0188871
Legal Description: N½, S27, T30S, R15E, Wilson County, Kansas
Facility Name: Neodesha 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 occasional rock washing. Outfalls 001A and 002A consist of stormwater runoff and Outfall 003A consists of quarry pit water. Outfall 004A consists of pit water and treated wash water. The proposed permit contains limits for total suspended solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hesston, City of PO Box 100 Hesston, KS 67062	Middle Emma Creek	Treated Domestic Wastewater
Kansas Permit No. M-LA07-OO01 Federal Permit No. KS0022799
Legal Description: NW¼, SE¼, NW¼, S22, T22S, R1W, Harvey County, Kansas
Facility Location: N. 7119 Hesston Rd., Hesston, KS 67062
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical treatment plant consisting of grit removal, bar screen/communicator, four-channel Orbal aeration basin, two final clarifiers, UV disinfection of effluent, sludge holding basin and golf course irrigation. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, E. Coli, dissolved oxygen, and total phosphorus, as well as monitoring for total Kjeldahl nitrogen, nitrate + nitrite, total nitrogen, total recoverable arsenic, and flow.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Johnson County Wastewater 11811 S. Sunset Dr., Suite 2500 Olathe, KS 66061-7061	Indian Creek	Treated Domestic Wastewater
Kansas Permit No. M-MO28-OO01 Federal Permit No. KS0119601
Legal Description: W½, NW¼, S13, T13S, R24E, Johnson County, Kansas
Facility Name: Douglas L. Smith Middle Basin Wastewater Treatment Facility
Facility Location: 10001 College Blvd., Overland Park, KS 66210
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 three mechanical bar screens, cyclone grit removal with washer compactor, odor control system, grease receiving facility, five primary sedimentation basins, four BNR activated sludge basins (including fermentation, selector, aeration basins), five final sedimentation basins, three primary sludge digestion, secondary sludge digestion, plant reuse water system, gravity sludge thickener, centrifuge sludge thickener, sludge chemical thickener system, three belt filter presses, sludge load-out system, sludge unloading system, waste gas accumulator (storage for use to heat and power use), three flares, UV disinfection (two channels – four banks), chlorination and de-chlorination (reserve units for possible future use), two-cell aerated wet weather holding lagoon, and cascade aeration. The proposed permit contains limits for carbonaceous biochemical oxygen demand, total suspended solids, ammonia, E. coli, pH, dissolved oxygen, nitrate + nitrite and chronic whole effluent toxicity, as well as monitoring for temperature, total Kjeldahl nitrogen, total nitrogen, total phosphorus, chlorides, flow to receiving stream, and priority pollutants.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Tyro, City of PO Box 247 Tyro, KS 67364	Onion Creek via Fawn Creek	Treated Domestic Wastewater
Kansas Permit No. M-VE37-OO01 Federal Permit No. KS0081264
Legal Description: SE¼, SE¼, SW¼, S31, T34S, R15E, Montgomery 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 with lift station. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, and ammonia, as well as monitoring for E. coli.

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 February 26, 2022, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-037/043, KS-AG-R-22-002, KS-Q-22-003/006) 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 at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-6432 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.kdhe.ks.gov/436/Livestock-Management. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Acting Secretary

Doc. No. 049767