Volume 42 - Issue 6 - February 9, 2023

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-23-024

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

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Dustin Torneden 24426 Loring Rd. Lawrence, KS 66044	Harold Torneden 24426 Loring Rd. Lawrence, KS 66044
Legal Description	Receiving Water
SW/4 of Section 12 T12S, R20E Leavenworth County	Kansas River Basin
Kansas Permit No. A-KSLV-S020
This is notification that KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 380 head (38 animal units) of swine weighing 55 pounds or less and 652 head (260.8 animal units) of swine weighing more than 55 pounds for a facility total of 298.8 animal units. The complete application can be viewed at the office of the Leavenworth County Clerk, the KDHE District Office in Lawrence, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-23-025/035

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Ox Town, LLC Levi Lay 1580 Ox Town Dr. Tribune, KS 67879	E/2 of Section 20 T16S, R40W Greeley County	Smoky Hill River Basin
Kansas Permit No. A-SHGL-C001 Federal Permit No. KS0115665
The proposed action is to modify and reissue an existing NPDES permit for a facility for 27,500 head (27,500 animal units) of cattle weighing more than 700 pounds. This permit is being modified for the addition of shipping and receiving pens, one freshwater retention basin, one diversion, and maintenance modifications of existing control structures. There is no change 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
Fullmer Cattle Company Que Fullmer PO Box 986 Syracuse, KS 67878	SE/4 of Section 25 & E/2 of Section 36 T24S, R41W Hamilton County	Upper Arkansas River Basin
Kansas Permit No. A-UAHM-C005 Federal Permit No. KS0090981
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 100,000 head (50,000 animal units) of cattle weighing less than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add approximately 67.0 acres as Control Area 5 as well as the construction of RS-5 and a transfer pipe between RS-1 and RS-2. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Ward Sumner Feedlot Ward Sumner 1489 Road W14 Norcatur, KS 67653	NW/4 of Section 09 T01S, R25W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-B005
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle weighing 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
Davis Family Livestock, LLC Kenneth Davis 1194 Road 250 Lakin, KS 67860	N/2 of Section 02 T23S, R37W Kearny County	Upper Arkansas River Basin
Kansas Permit No. A-UAKE-H001 Federal Permit No. KS0094943
The proposed action is to reissue an existing state permit for an existing facility for 16,200 head (6,480 animal units) of swine weighing greater 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Perrier Feed Yard – Mulberry Facility John Perrier 105 Road Dodge City, KS 67801	E/2 of Section 11 T28S, R26W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C013 Federal Permit No. KS0079189
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,000 head (2,000 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
Cheney Feed Yard Gary Cheney 12500 S. Kansas Rd. Scott City, KS 67871	NW/4 of Section 24 T20S, R33W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C026 Federal Permit No. KS0097063
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,500 head (1,500 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
Dewey Feedyard 24506 P Rd. Cimarron, KS 67835	N/2 of Section 24 T26S, R27W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C012 Federal Permit No. KS0093483
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,500 head (2,750 animal units) of cattle weighing less 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
Hildebrand Farms 5210 W. Rucker Rd. Junction City, KS 66441	S/2 of Section 31 T11S, R05E Geary County	Lower Republican River Basin
Kansas Permit No. A-LRGE-M001
The proposed action is to reissue an existing state permit for an existing facility for 250 mature dairy cattle (350 animal units) and 40 head of calves and heifers (20 animal units) for a total of 370 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. 5013 13 Rd. Ingalls, KS 67853	S/2 of Section 24 & N/2 & SE/4 of Section 25 T24S, R29W and All of Section 19 & S/2 of Section 18 T24S, R28W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C005 Federal Permit No. KS0115169
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 103,000 head (103,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include four new application fields. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Mongeau Farms, FLP 1415 J Rd. Stockton, KS 67669	NW/4 of Section 20 T07S, R18W Rooks County	Solomon River Basin
Kansas Permit No. A-SORO-C002 Federal Permit No. KS0097551
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds and 3,200 head (1,600 animal units) of cattle weighing 700 pounds or less; for a total of 4,400 animal units. The facility’s NMP was updated to include a significant change in the application rate limitation for 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
Porter Cattle Company 3309 Road W7 Reading, KS 66868	S/2 of Section 20 & W/2 and SE/4 of Section 28 & SE/4 of Section 29 T16S, R13E Lyon County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLY-C004 Federal Permit No. KS0037966
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 7,000 head (7,000 animal units) of cattle weighing greater than 700 pounds, 2,500 head (1,250 animal units) of cattle weighing less than 700 pounds and 7 head (14 animal units) of horses; for a total of 8,264 animal units. The facility’s NMP was updated to include a change in the application rate limitation for two fields. The fields’ application rate limitations 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.

Public Notice No. KS-Q-23-016/019

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
Columbus, City of 300 E. Maple Columbus, KS 66725	Spring River via Brush Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE15-OO01 Federal Permit No. KS0031445
Legal Description: S½, SW¼, Section 19, Township 33S, Range 24E of Cherokee County, Kansas
Facility Location: Latitude: 37.15095, Longitude: -94.82585
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a five-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 141 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Cadmium, Copper, Lead, and Zinc. 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 October 24, 2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.7 mg/L for this facility. The EED was completed on December 14, 2022.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Coffey County Commissioners 110 S. 6th St., Room 5 Burlington, KS 66839	Neosho River via Jacob’s Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE07-OO03 Federal Permit No. KS0090743
Legal Description: NE¼, SE¼, SW¼, Section 33, Township 20S, Range 14E of Coffey County, Kansas
Facility Location: Latitude: 38.26283, Longitude: -95.86827
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, with the fourth holding cell having 180 day storage capacity. The facility receives domestic wastewater from residential areas. The detention time at design flow is 170 days. The proposed permit contains limits for Biochemical Oxygen Demand and Total Suspended Solids, as well as monitoring for pH, Ammonia, and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Elwood, City of PO Box 357 Elwood, KS 66024	Missouri River	Treated Domestic Wastewater
Kansas Permit No. M-MO05-OO01 Federal Permit No. KS0048526
Legal Description: SE¼, SW¼, Section 6, Township 4S, Range 23E of Doniphan County, Kansas
Facility Location: Latitude: 39.73895, Longitude: -94.88415
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 facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The detention time at permitted flow is 111 days. The proposed permit contains limits for Biochemical Oxygen Demand and Total Suspended Solids, as well as monitoring for pH, Ammonia, and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hartford, City of PO Box 176 Hartford, KS 66854	Neosho River via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE33-OO01 Federal Permit No. KS0025682
Legal Description: S½, NW¼, NE¼, Section 22, Township 20S, Range 13E of Lyon County, Kansas
Facility Location: Latitude: 38.30145, Longitude: -95.95618
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 facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 120 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, Lead, and Total Phosphorus. By May 1, 2023, the facility shall retain a KDHE-certified operator to supervise the operation of this facility in compliance with K.S.A. 65-4501 et seq. and K.A.R. 28-16-30 et seq.

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 March 11, 2023, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-024/035, KS-Q-23-016/019) 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
Department of Health and Environment

Doc. No. 050872