Volume 42 - Issue 13 - March 30, 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-23-067/075

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Henry Creek Farms, Inc. - Dyck Finisher Site 12247 NW 130th St. Whitewater, KS 67154	NW/4 of Section 31 T23S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-S047
The proposed action is to issue a new state permit for a facility for 2,490 head (996 animal units) of swine weighing more than 55 pounds. The facility will consist of two (2) buildings and a waste management system consisting of two (2) building pits, one (1) round concrete storage structure, and one (1) concrete mortality composting structure. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Bradford Feedyard Dennis Bradford 28326 SE D Rd. Jetmore, KS 67854	S/2 of Section 18 T24S, R23W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C010 Federal Permit No. KS0096261
The proposed action is to modify and reissue an existing State/NPDES permit for a facility for 3,500 head (1,750 animal units) of cattle weighing less than 700 pounds or less. This permit is being modified to include the incorporation of one retention control structure that has been constructed to contain waste runoff from 1.63 acres of existing open lot pen area. 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
Doll Land & Cattle, Inc. Eric Doll 5830 N. Haflich Rd. Garden City, KS 67846	SW/4 of Section 18 T23S, R29W and NE/4 of Section 24 & SE/4 of Section 13 T23S, R30W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C010 Federal Permit No. KS0117714
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 10,000 head (10,000 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. Proposed modifications include a west basin, the addition of 34 acres of open lot pens that will flow to the west basin, and a diversion terrace to direct extraneous runoff away from the southern part of the facility.
Name and Address of Applicant	Legal Description	Receiving Water
Tiffany Cattle Co., Inc. - Allen 3502 Road M Allen, KS 66833	SW/4 of Section 12 & NW/4 of Section 13 T16S, R11E Lyon County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLY-C002 Federal Permit No. KS0115606
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,500 head (1,750 animal units) of beef cattle weighing 700 pounds or less. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Coake Farms Feeders, LLC Eddie Nichols PO Box 507 Dodge City, KS 67801	SW/4 of Section 28 & N/2 of Section 33 T26S, R24W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C003 Federal Permit No. KS0115398
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,000 head (6,000 animal units) of cattle 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Seaboard Foods, LLC - Tuttle Nurseries #109-112, 115, 128 Wagonbed Springs Rd., S. Road 1 and E. Road 22 Ulysses, KS 67880	#109 – SE/4 of Section 09 #110 – SW/4 of Section 16 #111 – NE/4 of Section 22 #112 – NW/4 of Section 22 #115 – SW/4 of Section 15 #128 – SE/4 of Section 15 All in T30S, R37W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-H002 Federal Permit No. KS0095788
The proposed action is to reissue an existing NPDES permit for an existing facility for 64,800 head (6,480 animal units) swine weighing 55 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
County Line Feeders, LLC Terry Holterman 29757 Road F Almena, KS 67622	SE/4 of Section 25 T01S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-C002 Federal Permit No. KS0091014
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,000 head (5,000 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
Triple T Livestock, LLC Douglas Thiessen 14429 NW 100th St. Whitewater, KS 67154	N/2 of Section 16 T24S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-C012 Federal Permit No. KS0093742
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,330 head (2,330 animal units) of cattle weighing more than 700 pounds and 2,330 head (1,165 animal units) of cattle weighing less than 700 pounds, 1,327 head (530.8 animal units) of swine weighing greater than 55 pounds and 600 head (60 animal units) of swine weighing 55 pounds or less; for a total of 4,085.8 animal units of livestock. 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
Steffen Farms Bruce Steffen 917 1st Rd. Longford, KS 67458	SW/4 of Section 33 T10S, R02E Clay County	Smoky Hill River Basin
Kansas Permit No. A-SHCY-S009
The proposed action is to reissue an existing state permit for an existing facility for 300 head (300 animal units) of cattle more than 700 pounds. This represents a decrease in animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.

Public Notice No. KS-Q-23-044/045

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
Systech Environmental Corporation 3085 Woodman Dr., Suite 300 Dayton, OH 45420	Clear Creek	Processed Wastewater
Kansas Permit No. I-VE18-SO01 Federal Permit No. KS0100544
Legal Description: NE¼, SE¼, Section 24, Township 29 S, Range 14E of Wilson County, Kansas
Facility Location: Latitude: 37.50703, Longitude: -95.82358
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a hazardous waste storage and processing facility receiving hazardous waste to be shipped off site. The waste is received in various forms that typically have value as an alternative fuel. The hazardous waste storage and processing areas are located within secondary containment structures. Stormwater accumulations from the secondary containment structures are collected in water storage tanks and tested prior to release to an earthen stormwater retention pond through a carbon filter system or are used for cleaning water for tankers and rail cars and then combined with fuel for shipment off-site. Stormwater runoff associated with industrial activity including the stormwater accumulations in the secondary containment water storage tanks are managed by Best Management Practices (BMPs) to minimize or eliminate the discharge of pollutants prior to the stormwater retention pond. The stormwater retention pond typically contains all stormwater from the site but has the potential to overflow during high stormwater flow conditions into a dry drainage ditch in the drainage of Clear Creek, in the Verdigris River Basin. Domestic wastewater from the facility is discharged to an earthen wastewater treatment lagoon. Th proposed permit contains limits for Total Organic Carbon, pH, High Range Hydrocarbons, Mid-Range Hydrocarbons, Low Range Hydrocarbons, and Oil and Grease; as well as monitoring for Total Suspended Solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Council Grove, City of 313 W. Main St. Council Grove, KS 66846	Neosho River	Treated Domestic Wastewater
Kansas Permit No. M-NE17-OO01 Federal Permit No. KS0027898
Legal Description: SW¼, Section 13, Township 16S, Range 8E of Morris County, Kansas
Facility Location: Latitude: 38.65392, Longitude: -96.47728
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell aerated 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 148 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, and Total Nitrogen. 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 January 13, 2023, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.1 mg/L for this facility. The EED was completed on January 17, 2023. Since the population of the permittee is over 2,000, monthly ammonia monitoring and limits will be required.

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 April 29, 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-23-067/075, KS-Q-23-044/045) 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 Erich Glave, Director, 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. 050994