Volume 42 - Issue 33 - August 17, 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-23-238/248

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Friona Industries, L.P. - Friona Cattle Feeders North #2 1174 Empire Circle Satanta, KS 67870	All of Section 25 & NE/4 of Section 36 & W/2 & SE/4 of Section 24 T28S, R34W Haskell County	Cimarron River Basin
Kansas Permit No. A-CIHS-C007 Federal Permit No. KS0088391
The proposed action is to modify and reissue an existing NPDES permit for an expanding facility for 87,000 head (87,000 animal units) of beef cattle weighing greater than 700 pounds. This permit is being modified to add a manure storage area and retention control structure. 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
Circle Land & Cattle Corporation Marc Gigot 955 S. Circle Land Rd. Garden City, KS 67846	E/2 of Section 21 & W/2 of Section 22 & W/2 of Section 27 All of Section 28 T24S, R33W and W/2 of Section 03 & E/2 of Section 04 T25S, R33W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C015 Federal Permit No. KS0079901
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 21,500 head (21,500 animal units) of cattle weighing greater than 700 pounds. This permit is also being modified to add 2 new retention structures and the expansion of an existing retention structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
JED Trailer Rinse Out Troy Kramer 52nd Rd. Corning, KS 66417	SE/4 of Section 35 T04S, R12E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-T001
The proposed action is to issue a new State permit for a truck washing facility. The facility will consist of one (1) enclosed wash bay and one (1) earthen retention structure. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Shaw Feedyard, Inc. William Shaw 2428 CR 15 Ashland, KS 67831	NW/4 of Section 32 T33S, R23W Clark County	Cimarron River Basin
Kansas Permit No. A-CICA-C004 Federal Permit No. KS0085227
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 8,500 head (8,500 animal units) of cattle weighing more 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 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
HRC Feed Yards, LLC 6550 W. K-96 Hwy. Scott City, KS 67871	S/2 of Section 13 T18S, R34W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C004 Federal Permit No. KS0039292
The proposed action is to reissue an existing NPDES permit for an existing facility for 26,000 head (26,000 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
James Meyer 1537 200th Rd. Bern, KS 66408	SW/4 of Section 28 T01S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S043
The proposed action is to reissue an existing state permit for an existing facility for 300 head (120 animal units) of swine more than 55 pounds and 120 head (60 animal units) of cattle 700 pounds or less, for a total of 420 head (180 animal units) of swine and cattle. 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
Rempe Farms, LLC Dan Rempe 850 K-63 Hwy. Corning, KS 66417	SE/4 of Section 26 T04S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S042
The proposed action is to reissue an existing state permit for an existing facility for 900 head (360 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
Swine Suites Dan and Marlene Rempe 857 K-63 Hwy., Corning, KS 66417	S/2 of NE/4 of Section 26 & NW/4 of Section 25 T04S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S024
The proposed action is to reissue an existing state permit for an existing facility for 2,499 head (999.6 animal units) of swine weighing greater than 55 pounds, 234 head (234 animal units) of cattle weighing greater than 700 pounds, and 24 head (12 animal units) of cattle weighing 700 pounds or less; for a total of 1,245.6 animal units at this facility. 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
Tiffany Cattle Co., Inc. 758 Pioneer Rd. Marquette, KS 67464	SE/4 & S/2 of NE/4 of Section 20 T18S, R04W McPherson County	Smoky Hill River Basin
Kansas Permit No. A-SHMP-C001 Federal Permit No. KS0116351
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 13,000 head (13,000 animal units) of beef cattle weighing more than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for their fields. The fields’ application rate limitations for seven fields 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.
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 approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,500 head (1,750 animal units) of beef cattle weighing 700 pounds or less. The facility’s NMP update included changes in the application rate limitations for their fields. One of the field’s application rate limitations has become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit are subject to comment.
Name and Address of Applicant	Legal Description	Receiving Water
Tiffany Cattle Co., Inc. 1333 S. 2500 Rd. Herington, KS 67449-5021	E/2 of Section 31 & W/2 of Section 32 T15S, R06E and NW/4 of Section 05 T16S, R06E Morris County	Neosho River Basin
Kansas Permit No. A-NEMR-C001 Federal Permit No. KS0117218
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 18,000 head (18,000 animal units) of cattle weighing more than 700 pounds and 2,000 head (1,000 animal units) of cattle weighing 700 pounds or less, for a total of 19,000 animal units of cattle. The facility’s NMP was updated to include a change in the application rate limitation for their fields. The fields’ application rate limitations for thirteen fields 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-AG-R-23-021

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

Name and Address of Registrant	Legal Description	County
Dustin Richter 15351 Bodaville Rd. Barnes, KS 66933	NW/4 of Section 18 T06S, R05E	Riley

Public Notice No. KS-Q-23-155

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
Fort Scott, City of One E. Third St. Fort Scott, KS 66701	Marmaton River	Treated Domestic Wastewater
Kansas Permit No. M-MC11-OO02 Federal Permit No. KS0095923
Legal Description: E½, SE¼, SE¼, Section 19, and E½, SW¼, SW¼, Section 20, Township 25S, Range 25E of Bourbon County, Kansas
Facility Location: Latitude: 37.85002, Longitude: -94.69689
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is an activated sludge mechanical treatment plant operating in parallel with a three-cell lagoon with aeration. The mechanical wastewater treatment plant (Internal Monitoring Location 004M (previously 001M1) has an average daily design flow of 2.0 MGD and consists of: influent pump station, bar screen and grit chambers, two activated sludge chambers, final clarification, UV disinfection of the effluent, and aerobic sludge digestion. The lagoon facility is a three-cell system with Cell 1 having aeration and a baffle with an average daily design flow of 1.0 MGD (Internal Monitoring Location 003L (previously 001L1)). The two systems operate in parallel and discharge to a common outfall (Outfall 001X) at the Marmaton River. The permit requires the facility to maximize the flow through the mechanical plant up to its hydraulic capacity while diverting such flow as is necessary to maintain biological activity in the alternate lagoon treatment facility to meet the effluent requirements of this permit. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. Treated effluent wastewater is pumped to nearby biodiesel plant for reuse. Trucked in waste from ADM bio-diesel is discharged in the lagoon treatment facility. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli; as well as monitoring for Dissolved Oxygen, Copper, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. Permittee shall complete Lagoon Aeration – Phase 2 project by May 31, 2024. SCHEDULE OF COMPLIANCE: The permittee is also required to continue to submit monthly progress reports are required by the KDHE Response to Enforcement Directive letter dated January 31, 2023.

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 16, 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-23-238/248, KS-AG-R-23-021, KS-Q-23-155) 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. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE: 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico: kdhe.feedlots@ks.gov; por teléfono: 785-296-6432. 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

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