Volume 42 - Issue 29 - July 20, 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-23-212/222

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
J-Six Enterprises, LLC - EB South Finish 2445 280th St. Robinson, KS 66532	NW/4 of Section 01 T02S, R18E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-H004 Federal Permit No. KS0101435
The proposed action is to modify and reissue an existing State/NPDES permit for a facility for 9,000 head (3,600 animal units) of swine weighing more than 55 pounds. This permit is being modified to include run-off from constructed feed aprons and feed hoppers in the operation of the retention control structure and the addition of one mortality storage bin. 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
Mike Ellis 801 Cedar Dr. Scott City, KS 67871	NE/4 &SE/4 of Section 12 T17S, R33W Scott County	Smoky Hill River Basin
Kansas Permit No. A-SHSC-W001
The proposed action is to issue a new state permit for a facility with an earthen livestock waste storage lagoon only, no livestock. The facility will consist only of a single earthen waste storage lagoon with imported wastewater from a nearby dairy. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Gardiner Angus Ranch, Inc. 1182 CR Y Ashland, KS 67831	NE/4 of Section 10 & All of Section 11 T34S, R24W Clark County	Cimarron River Basin
Kansas Permit No. A-CICA-C005 Federal Permit No. KS0100773
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 9,000 head (9,000 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to include the construction of approximately 17.5 acres of new cattle pens and related structures as well as two new extraneous drainage channels to divert runoff around the R & D center system. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Sumner Land & Cattle Derek Sumner 1489 RD W14 Norcatur, KS 67653	NE/4 of Section 08 T01S, R25W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-B015
The proposed action is to issue a state permit for an existing facility for a proposed maximum capacity of 999 head (999 animal units) of cattle weighing more 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
Seaboard Foods, LLC - Light Nursery #106 02210 Blvd. U Richfield, KS 67953	SW/4 of SW/4 of Section 15 T32S, R40W Morton County	Cimarron River Basin
Kansas Permit No. A-CIMT-H007 Federal Permit No. KS0096351
The proposed action is to reissue an existing state permit for an existing facility for 12,000 head (1,200 animal units) of 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Maple Creek Farms, LLC - Southwest Pork #665-668 2502 Road 5 Ingalls, KS 67853	SW/4 of Section 11 T24S, R30W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-H001 Federal Permit No. KS0093319
The proposed action is to reissue an existing NPDES permit for an existing facility for total maximum capacity, not to exceed 76,800 head (7,680 animal units) of swine weighing 55 pounds or less or a total maximum capacity, not to exceed 38,400 head (15,360 animal units) weighing more 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Linn Willow Creek Dairy, LLC Andrew Tiemeyer 1510 10th Rd. Linn, KS 66953	NW/4 of Section 16 T04S, R03E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-D001 Federal Permit No. KS0094595
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,000 head (2,800 animal units) of mature dairy cattle. There will be no change in the operation or permitted number of animal units from the previous permit. This permit is also being reapproved to include the addition of 8.3 acres of open lot pens, and the modification of existing storage structures. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
F&R Swine, Inc. - McNeal Facility Kenneth Penner 6240 Humboldt Creek Rd. Dwight, KS 67154	SW/4 of Section 01 & E/2 of Section 13 T13S, R07E Geary County	Kansas River Basin
Kansas Permit No. A-KSGE-H002 Federal Permit No. KS0116378
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,500 head (2,200 animal units) of swine weighing more than 55 pounds and 8,000 head (800 animal units) of swine weighing 55 pounds or less for a total of 13,500 head (3,000 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
J-Six Enterprises, LLC - Bancroft Site T106 470 S Rd. Goff, KS 66428	S/2 of Section 18 T05S, R14E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S044
The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 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. Construction plans have been reapproved. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Doug Claassen - King Site 10794 NW Hunter Rd. Potwin, KS 67123	NW/4 of Section 10 T24S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-S018
The proposed action is to reissue an existing state permit for an existing facility for 2,496 head (998.4 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
D&S Cattle Co., LLC 158 All American Rd. Barnes, KS 66933	W/2 of Section 27 T05S, R05E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-C009 Federal Permit No. KS0100251
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 3,000 head (3,000 animal units) of cattle weighing more than 700 pounds and 2,999 head (1,499.5 animal units) of cattle weighing 700 pounds or less for a total maximum capacity of 5,999 head (4,999.5 animal units) of cattle. The NMP was updated to add two fields, Pivot and Arlens, to the NMP. 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.

Public Notice No. KS-Q-23-142/146

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
Allen County Commission 1 N. Washington Iola, KS 66749	Rock Creek	Treated Domestic Wastewater
Kansas Permit No. M-NE37-OO02 Federal Permit No. KS0085201
Legal Description: SW¼, NW¼, SW¼, Section 30, Township 24S, Range 19E of Allen County, Kansas
Facility Location: Latitude: 37.92635, Longitude: -95.37129
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 at the rated flow of 0.063 MGD. The facility receives domestic wastewater from residential areas. The detention time at the rated flow is 120 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Chetopa, City of PO Box 203 Chetopa, KS 67336	Neosho River via Town Creek	Treated Domestic Wastewater
Kansas Permit No. M-NE13-OO01 Federal Permit No. KS0031135
Legal Description: E½, NW¼, NW¼, Section 2, Township 35S, Range 21E of Labette County, Kansas
Facility Location: Latitude: 37.02888, Longitude: -95.08175
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 proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli. 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. The ammonia effluent limit was determined on March 3, 2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.6 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Colony, City of PO Box 68 Colony, KS 66015	Neosho River via Deer Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE14-OO01 Federal Permit No. KS0116122
Legal Description: S½, NE¼, NE¼, Section 6, Township 23S, Range 19E of Anderson County, Kansas
Facility Location: Latitude: 38.07921, Longitude: -95.35597
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 design flow is 148 days. 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
Neosho Rapids, City of PO Box 7 Neosho Rapids, KS 66864	Neosho River	Treated Domestic Wastewater
Kansas Permit No. M-NE50-OO01 Federal Permit No. KS0117021
Legal Description: NE¼, SW¼, SW¼, Section 28, Township 19S, Range 13E of Lyon County, Kansas
Facility Location: Latitude: 38.36474, Longitude: -95.98327
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. 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, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Harshman Construction 1632 F P Rd. Cedar Point, KS 66843	Verdigris River via North Caney Creek via Bachelor Creek via Unnamed tributary	Processed Wastewater
Kansas Permit No. I-VE33-PO05 Federal Permit No. KS0099490
Legal Description: W ½ of Section 30, Township 32S, Range 12E of Chautauqua County, Kansas
Facility Location: Latitude: 37.23673, Longitude: -96.14356
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with no washing. Outfall 001A consists of stormwater runoff and quarry pit water. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-NQ-23-004

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).

Name and Address of Applicant	Facility Location	Type of Discharge
Youngers & Sons Manufacturing Co., Inc. 19223 K-42 Hwy. Viola, KS 67149	Latitude: 37.554136, Longitude: -97.563785	Non-Overflowing
Kansas Permit No. C-AR37-NO05 Federal Permit No. KSJ000177
Facility Name: Youngers & Sons Manufacturing Co., Inc.
Legal Description: NW¼, NE¼, SW¼, Section 5, Township 29S, Range 2W of Sedgwick County, Kansas
The proposed action is to reissue an existing, non-discharging State/NPDES permit for an existing, non-discharging facility. The existing facility is a single cell wastewater lagoon system with a design flow of 1,000 gpd. By September 30, 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 August 19, 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-23-212/222, KS-Q-23-142/146, KS-NQ-23-004) 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 Casey Guccione, Section Chief, 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 Andrew Bowman 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. 051335