Volume 41 - Issue 34 - August 25, 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-22-201/214

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
High Plains Ranch, LLC 12225 E. US-160 Hwy. Satanta, KS 67870	W/2 of Section 03 T29S, R35W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-D001 Federal Permit No. KS0096229
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 7,800 head (10,920 animal units) of mature dairy cows and 760 head (380 animal units) of cattle weighing 700 pounds or less and 5,300 head (5,300 animal units) of cattle weighing more than 700 pounds, for a total of 13,860 head (16,600 animal units) of cattle. This represents an increase in the permitted 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
Sweet Livestock Farm Robbie Sweet 15269 Road B75 Colby, KS 67701	NE/4 of Section 29 T05S, R33W Rawlins County	Upper Republican River Basin
Kansas Permit No. A-URRA-B012
The proposed action is to modify the existing NPDES permit and reissue a state permit for a maximum capacity of 999 head (999 animal units) of cattle weighing greater than 700 pounds. This represents a decrease in the permitted 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
Lance Thiessen 184 Old Mill Rd. Peabody, KS 66866	NW/4 of Section 34 T22S, R03E Marion County	Walnut River Basin
Kansas Permit No. A-WAMN-B002
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Jarold Koehn 185 290th Rd. Durham, KS 67438	NW/4 of Section 18 T18S, R01E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-B014
The proposed action is to reissue an existing state permit for an existing facility for 700 head (350 animal units) of cattle 700 pounds or less. 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
Upland Pork Steven Cox 282 E-14 Almena, KS 67622	NE/4 of Section 01 T01S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H001 Federal Permit No. KS0088323
The proposed action is to reissue an existing state permit for an existing facility for 6,888 head (2,755.2 animal units) of swine weighing more than 55 pounds and 8,800 head (880 animal units) of swine weighing 55 pounds or less; for a total of 15,688 head (3,635.2 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.
Name and Address of Applicant	Legal Description	Receiving Water
Bar M Farms Feedlot Leland Mense 9956 W. Road 160 S Grinnell, KS 67738	W/2 of Section 13 T11S, R30W Gove County	Smoky Hill River Basin
Kansas Permit No. A-SHGO-B018
The proposed action is to reissue an existing state permit for an existing facility for 980 head (980 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
Tanking Dairy Randy Tanking 29202 O Rd. Wetmore, KS 66550	NW/4 of Section 32 T05S, R15E Jackson County	Kansas River Basin
Kansas Permit No. A-KSJA-B003
The proposed action is to reissue an existing state permit for an existing facility for 30 head (30 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
Neal Galle 2259 Cheyenne Moundridge, KS 67107	NE/4 of Section 11 T21S, R02W McPherson County	Lower Arkansas River Basin
Kansas Permit No. A-LAMP-S028
The proposed action is to reissue an existing state permit for an existing facility for 360 head (144 animal units) of swine weighing more than 55 pounds, 250 head (25 animal units) of swine weighing 55 pounds or less, and 50 head (5 animal units) of sheep; for a total of 174 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
Henry Pork Fred Henry 1478 96th Rd. Goff, KS 66428	NE/4 of Section 05 T04S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S053
The proposed action is to reissue an existing state permit for an existing facility for 1,800 head (720 animal units) of swine weighing greater than 55 pounds, 500 head (50 animal units) of swine weighing 55 pounds or less, 14 head (14 animal units) of cattle weighing greater than 700 pounds, and 430 head (215 animal units) of cattle weighing 700 pounds or less; for a total of 999 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
Cheyenne Feed Yard, LLC Joe Fortin 785 Road 18 St. Francis, KS 67756	E/2 of Section 31 T04S, R39W Cheyenne County	Upper Republican River Basin
Kansas Permit No. A-URCN-C001 Federal Permit No. KS0079677
The proposed action is to reissue an existing NPDES permit for an existing facility for 12,000 head (12,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Irsik & Doll Feed Services, Inc. - Ingalls Feed Yard East Pens 10505 US-50 Hwy. Ingalls, KS 67835	NW/4 of Section 31 T25S, R28W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C007 Federal Permit No. KS0115258
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,500 head (6,500 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 Nutrient 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 05 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 changes to the application rate limitations. The application rate limitation for one field 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
Prairie View Farms, LLC PO Box 515 Hugoton, KS 67951	S/2 of Section 27 & S/2 of Section 28 & E/2 of Section 29 T30S, R36W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-H001 Federal Permit No. KS0095427
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for a total maximum capacity not to exceed 129,600 head (51,840 animal units) of weaned swine weighing up to 70 pounds or a total maximum capacity not to exceed 64,800 head (25,920 animal units) of finisher swine with an average weight of 150 pounds. After the weaned pigs have reached 70 pounds, any quantity over 64,800 head shall be transferred out of the facility. The facility’s NMP was updated to include a change in the application rate limitation for field one field. The field’s application rate limitation 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
Rolling Hills Pork, LLC 2530 Quivira Rd. Washington, KS 66968	SW/4 of Section 25 T01S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H008 Federal Permit No. KS0096784
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for a total maximum capacity of 3,580 head (1,432 animal units) of swine weighing greater than 55 pounds; and 5,360 head (536 animal units) of swine weighing 55 pounds or less; for a total of 1,968 animal units of swine The facility’s NMP was updated to include a change in the application rate limitation for field one field. The field’s application rate limitation 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-22-068/075

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
Caldwell, City of 14 W. Central Caldwell, KS 67022	Fall Creek via an unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR17-OO02 Federal Permit No. KS0097811
Legal Description: W½, SE¼, SE¼, Section 1, Township 35S, Range 3W, Sumner County, Kansas
Facility Location: 731 W. 178th St. South, Caldwell, KS 67022
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. 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 4/4/2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 2.6 mg/L for this facility. The EED was completed on 6/7/2022. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. Coli, as well as monitoring for pH and Arsenic.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Colby, City of 585 N. Franklin Colby, KS 67701	Unnamed Tributary to Prairie Dog Creek	Treated Domestic Wastewater
Kansas Permit No. M-UR06-OO02 Federal Permit No. KS0098698
Legal Description: NW¼, NE¼, SW¼, Section 33, Township 7S, Range 33W, Thomas County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: influent pump station, influent flow meter, vortex grit removal with classifier, mechanical bar screen, counter current aeration activated sludge basins, final clarifiers, UV disinfection, effluent flow parshall flume, cascade reaeration of effluent, aerobic digesters and sludge storage tank, rotary drum sludge thickener, reclaimed effluent reuse pumps, and irrigation holding tank. Effluent from the facility can be discharged either to the outfall or used for irrigation of municipal sports fields and a public golf course. The permit includes interim and final limits for BOD, TSS, ammonia, pH, E.coli, total phosphorus mass loading, total nitrogen mass loading, and dissolved oxygen (as a minimum concentration). The final limits for the total phosphorus mass loading are effective as outlined in the schedule of compliance. The monitoring for nutrients, arsenic, and flow is also included. The minimum Chlorine Residual concentration and E. coli limits will remain for irrigation reuse of treated wastewater effluent and standard management practices for irrigation is included. Due to the Total Phosphorus and Eutrophication TMDL, associated WLA, and the permittee currently not meeting the mass loading limit for total phosphorus, a schedule of compliance will be included in the permit to bring them into compliance. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. Coli, as well as monitoring for total Kjeldahl Nitrogen, Nitrate and Nitrite, total Nitrogen, total Phosphorus, Arsenic, and flow.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cunningham, City of PO Box 188 Cunningham, KS 67035	South Fork Ninnescah River via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR27-OO01 Federal Permit No. KS0049743
Facility Location: SE¼, NW¼, SW¼, Section 33, Township 27S, Range 10W, Kingman County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system. The detention time at the design flow is 117 days. 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 3/31/2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 4.4 mg/L for this facility. The EED was completed on 6/10/2022. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia, as well as monitoring for pH, E. coli, and Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Harper, City of PO Box 337 Harper, KS 67058	Chikaskia River via Sand Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR40-OO01 Federal Permit No. KS0024872
Facility Location: W½, SE¼, Section 6, Township 32S, Range 6W, Harper County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. 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 3/25/2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 6.4 mg/L for this facility. The EED was completed on 6/28/2022. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli, as well as monitoring for pH and Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Leavenworth County Commission 300 Walnut Leavenworth, KS 66048	Stranger Creek via Little Sandy Creek	Treated Domestic/Processed Wastewater
Kansas Permit No. M-KS04-OO04 Federal Permit No. KS0086835
Facility Location: High Crest Subdivision, 166th Street
Legal Description: SW¼, NW¼, NE¼, Section 33, Township 9S, Range 22E, Leavenworth County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli, as well as monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Lyons, City of PO Box 808 Lyons, KS 67554	Cow Creek via Little Cow Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR56-OO01 Federal Permit No. KS0022730
Legal Description: SE ¼, SE ¼, SW ¼, and SW ¼, SW ¼, SE ¼, Section 9, Township, 20S, Range 8W, Rice County, Kansas
Facility Location: 1535 Ave. O, Lyons, KS 67554
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: bar screen (2- one prior to oxidation ditch), grit removal, lift station, oxidation ditch, secondary clarifiers, UV disinfection, reaeration of the effluent, aerated sludge storage tank, sludge belt filter press, concrete sludge storage pad, and drying beds. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia, as well as monitoring for pH, E. coli, and Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Meade, City of PO Box 338 Meade, KS 67864	Crooked Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-CI12-OO02 Federal Permit No. KS0097055
Facility Location: NW¼, NW¼, NE¼, Section 13, Township 32S, Range 28W, Meade County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia, as well as monitoring for pH, E. Coli, and Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wichita, City of 455 North Main St. Wichita, KS 67202	Cowskin Creek	Treated Domestic/Processed Wastewater
Kansas Permit No. M-AR94-OO03 Federal Permit No. KS0095681
Legal Description: N½, SW¼, Section 25, Township 26S, Range 2W, Sedgwick County, Kansas
Facility Location: 4182 N. 135th St. West, Wichita, KS 67227-8026
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: Influent pump station, mechanical fine screens (2), manual bar screen, vortex grit removal, anaerobic basins (5), anoxic basins (2), extended aeration activated sludge basins (2), final clarification (2), UV disinfection, cascade re-aeration, aerated sludge digestion tank, aerated sludge storage tank, gravity belt thickener, and centrifuge sludge thickener. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Dissolved Oxygen, Ammonia, whole effluent toxicity, and E. coli, as well as monitoring for total Kjeldahl Nitrogen, Nitrate and Nitrite, total Nitrogen, total Phosphorus, and flow.

Public Notice No. KS-PT-22-018

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address of Applicant	Receiving Facility	Type of Discharge
Camso Manufacturing USA, Ltd. 2925 Industrial St. Junction City, KS 66441	Junction City Wastewater Treatment Plant	Processed Wastewater
Kansas Permit No. P- LR15-OO02 Federal Permit No. KSP000119
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures large rubber tracks by extruding slabs of rubber and curing the rubber in a curing vessel. This facility has an SIC code of 3061. Outfalls 001A and 002A consists of wastewater from two separate curing vessels. The proposed permit has pretreatment limitations for pH, oil and grease, and lead.

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 September 24, 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-22-201/214, KS-Q-22-068/075, KS-PT-22-018) 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 Mirina Landry 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 Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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/livestock. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Secretary

Doc. No. 050449