Volume 42 - Issue 35 - August 31, 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-23-250/260

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Max and John Menefee 12241 W. 343rd St. Paola, KS 66071	NW/4 of Section 11 T18S, R24E Miami County	Marais des Cygnes River Basin
Kansas Permit No. A-MCMI-S032
The proposed action is to modify and reissue an existing state permit for a facility for 265 head (106 animal units) of swine weighing more than 55 pounds and 130 head (13 animal units) of swine weighing 55 pounds or less for a total of 119 animal units. This permit is being modified to incorporate a new grower barn and gestation pens. There is no change in the 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
Hess Cattle Co., Inc. 3501 N. Grant Rd. Scott City, KS 67871	NE/4 of Section 31 T17S, R33W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C028 Federal Permit No. KS0080624
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,500 head (2,500 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.
Name and Address of Applicant	Legal Description	Receiving Water
Hilltop Nursery Julia Nelson 1324 W. Granite Rd. Long Island, KS 67647	W/2 of Section 03 T02S, R20W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-H011 Federal Permit No. KS0101257
The proposed action is to reissue an existing state permit for an existing facility for 24,000 head (2,400 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
Seaboard Foods, LLC - Feterita #221, #223, & #225 #221: 1079 Road 4 #223: 1127 Road 4 #225: 1100 Road 4 Hugoton, KS 67951	#221: NE/4 of NE/4 of Section 36 & SE/4 of NE/4 of Section 36 T33S, R39W #223: NE/4 of SE/4 of Section 25 T33S, R39W #225: SE/4 of SW/4 of Section 30 T34S, R38W All in Stevens County	Cimarron River Basin
Kansas Permit No. A-CISV-H003 Federal Permit No. KS0092215
The proposed action is to reissue an existing NPDES permit for an existing facility for a total maximum capacity of 64,800 head (6,480 animal units) of swine weighing 55 pounds or less OR 32,400 head (12,960 animal units) of swine 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
Condray Farms, Inc. 289 Concord Rd. Clifton, KS 66937	NE/4 of SW/4 of Section 22 T05S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-H008 Federal Permit No. KS0095974
The proposed action is to reissue an existing state permit for an existing facility for 8,000 head (3,2000 animal units) of swine 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Prairie View Farms, LLC Tom Frederick 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 reissue an existing NPDES permit for an existing facility for 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. 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
Klassen, Inc. Dale Klassen 922 240th Hillsboro, KS 67063	SW/4 of Section 04 T19S, R02E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-M020
The proposed action is to reissue an existing state permit for an existing facility for 400 head (560 animal units) of mature dairy cattle, 200 head (200 animal units) of replacement heifers, and 100 head (50 animal units) of dairy calves, for a total of 700 head (810 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
Werner Feeders - East 12113 SE Pleasant Hill Rd. Sharon, KS 67138	NW/4 of Section 26 T32S, R10W Barber County	Lower Arkansas River Basin
Kansas Permit No. A-ARBA-B005
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 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
Dwight Miller 12205 W. Illinois Partridge, KS 67566	NE/4 of Section 32 T23S, R07W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M053
The proposed action is to reissue an existing state permit for an existing facility for 40 head (56 animal units) of mature dairy cows and 22 head (22 animal units) of replacement heifers, for a total of 78 animal units of dairy 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
Felix Gorges Dairy Felix Gorges 22801 W. 13th Goddard, KS 67052	NW/4 of Section 13 T27S, R03W Sedgwick County	Lower Arkansas River Basin
Kansas Permit No. A-ARSG-M027
The proposed action is to reissue an existing state permit for an existing facility for 50 head (70 animal units) of mature dairy cattle, 10 head (10 animal units) of dairy cattle weighing more than 700 pounds, 50 head (20 animal units) of swine weighing more than 55 pounds and 98 head (9.8 animal units) of swine weighing 55 pounds or less, for a total of 109.8 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
Prairie Pork Producers Dale Wenger 4800 N. Golden Prairie Rd. Burrton, KS 67020	NW/4 of Section 32 T22S, R02W Harvey County	Little Arkansas River Basin
Kansas Permit No. A-LAHV-S033
The proposed action is to reissue an existing state permit for an existing facility for 1,800 head (720 animal units) of swine 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 Waste Management Plan on file with KDHE.

Public Notice No. KS-Q-23-157/158

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
Girard, City of 120 N. Ozark St. Girard, KS 66743	Thunderbolt Creek	Treated Domestic Wastewater
Kansas Permit No. M-NE31-OO01 Federal Permit No. KS0022551
Legal Description: SW¼, SE¼, Section 23, Township 29S, Range 23E of Crawford County, Kansas
Facility Location: Latitude: 37.50148, Longitude: -94.85815
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 4/14/2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 14.5 mg/L for this facility. The 99th percentile decreased during the current permit cycle resulting in a lower limit for the proposed permit.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Sunflower Electric Power Corporation 301 W. 13th St. Hays, KS 67601-0980	Arkansas River via Dry Walnut Creek via long pipeline	Processed Wastewater
Kansas Permit No. I-UA16-PO02 Federal Permit No. KS0080012
Legal Description: SE ¼ Section 9, Township 19 S, Range 14 W of Barton County, Kansas
Facility Location: Latitude: 38.41001, Longitude: -98.86978
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a peaking natural gas fired steam electric power generating station which operates about 1-3 weeks in a year. Steam electric generating units #1 and #2 were permanently retired in 1983. Unit #3 has a generator nameplate rating of 82 megawatts. During operation of any unit or the auxiliary boiler, wastewater consisting of cooling tower blowdown, boiler blowdown, and floor drains is discharged to Dry Walnut Creek through Outfall 001A.The average design discharge is about 0.4 million gallons per day when the station is on-line and about 55 gpd when the station is off-line. Domestic waste is directed to a leach field. Source water for this facility is from 8 groundwater wells. The proposed permit contains limits for pH, Total Residual Oxidant, Total Suspended Solids, and Oil and Grease; as well as monitoring for Flow, Electric Power Generation, Gross Alpha, Temperature, Nitrate + Nitrite, Total Phosphorus, Sulfate, and Total Recoverable Selenium.

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 30, 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-23-250/260, KS-Q-23-157/158) 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, Kansas 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

Doc. No. 051446