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Volume 43 - Issue 29 - July 18, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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-24-187/196

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Zenith Project, LLC
Kellan F. Kopfer
2375 Avenue D
Geneseo, KS 67444		 SE/4 of Section 14
T18S, R07W
Rice County		 Little Arkansas River Basin
Kansas Permit No. A-LARC-S005
The proposed action is to modify and reissue an existing state permit for an expanding facility for 2,590 head (259 animal units) of swine weighing less than 55 pounds, and 1,850 head (740 animal units) of swine weighing more than 55 pounds. This permit is being modified to decommission an existing farrowing building and to add a new Gilt Development Unit building within the existing facility footprint. There is no change in the permitted number of animal units from the previous permit.
Name and Address
of Applicant		 Legal Description Receiving Water
N&K Cattle Co.
6249 CR 1077
Blue Mound, KS 66010		 NW/4 & SW/4 of Section 21
T22S, R22E
Linn County		 Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-B003
The proposed action is to issue a new state permit for a facility for 960 head (960 animal units) of cattle weighing more than 700 pounds. The facility will consist of 9.3 acres of open lot pens and a waste management system consisting of 9.5 acres of vegetative buffer. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Roesch Ranch – South Facility
Scott Roesch
12216 Road G
Colby, KS 67701		 NW/4 & SW/4 of Section 13
T05S, R35W
Rawlins County		 Upper Republican River Basin
Kansas Permit No. A-URRA-B008
The proposed action is to modify and reissue the existing State/NPDES permit for the existing facility which consists of approximately 10.37 acres of open lot pens for the confined feeding of a maximum of 999 head (999 animal units) of cattle weighing 700 pounds or more. Proposed modifications to the facility include the addition feeding pens of approximately 2.5 acres and construction of two settling channels connected into a runoff control structure/ Waste Storage Pond 1 through pipes.
Name and Address
of Applicant		 Legal Description Receiving Water
GJL Farms, LLC – Pratt
153 SW 70th St.
Sawyer, KS 67134		 W/2 of NE/4 of Section 09
T29S, R13W
Pratt County		 Lower Arkansas River Basin
Kansas Permit No. A-ARPR-H002
Federal Permit No. KS0118311
The proposed action is to modify and reissue an existing NPDES permit for an existing facility for 15,450 head (1,545 animal units) of swine weighing 55 pounds or less and 10,000 head (4,000 animal units) of swine weighing more than 55 pounds; for a total permitted capacity of 25,450 head (5,545 animal units) of swine. The proposed modification to the facility contains a modification to the method(s) of mortality management. There will be no other changes 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
Goldenrod Farms, LLC
Orlin Ensz
737 140th
Hillsboro, KS 67063		 NW/4 of Section 31
T20S, R02E
Marion County		 Neosho River Basin
Kansas Permit No. A-NEMN-H001
Federal Permit No. KS0088218
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,600 head (1,440 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
Haverkamp Bros., Inc. - Transfer Station
1096 224th Rd.
Seneca, KS 66538		 NE/4 of Section 15
T01S, R12E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-S059
The proposed action is to reissue an existing state permit for an existing facility for 450 head (180 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
Deters Dairy Farm
2253 E Rd.
Baileyville, KS 66404		 NE/4 of Section 15
T02S, R11E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-M014
The proposed action is to reissue an existing state permit for an existing facility for 380 head (532 animal units) of mature dairy cows, 200 head (200 animal units) of cattle (dairy heifers) weighing greater than 700 pounds, and 140 head (70 animal units) of cattle (dairy heifers) weighing 700 pounds or less; for a total of 802 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
Edelman Finishing Barns
Michael Edelman
Route 1 P Rd.
Bern, KS 66408		 SE/4 of Section 33
T01S, R13E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-S052
The proposed action is to reissue an existing state permit for an existing facility for 1,920 head (768 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.
Name and Address
of Applicant		 Legal Description Receiving Water
Krainbill Farms, Inc.
1727 232nd Rd.
Bern, KS 66408		 SW/4 of Section 02
T01S, R13E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-S014
The proposed action is to reissue an existing state permit for an existing facility for 1,100 head (440 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
Haffner Feedlot
Tom Haffner
8400 S. K-23 Hwy.
Grainfield, KS 67737		 W/2 of Section 27
T09S, R28W
Sheridan County		 Saline River Basin
Kansas Permit No. A-SASD-B011
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 animal units) of cattle weighing 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 Waste Management Plan on file with KDHE.

Public Notice No. KS-AG-R-24-012/013

Per Kansas Statutes Annotated 65-171d, the following registrations have been received for a proposed facility.

Name and Address
of Registrant		 Legal Description County
Beef Cattle Feeding Facility
Eric and Jennifer Eilert
19 Supple Ave.
Beloit, KS 67420		 SW/4 of Section 26
T06S, R08W		 Mitchell
Name and Address
of Registrant		 Legal Description County
Quentin Kelly Facility
Eric Eilert
19 Supple Ave.
Beloit, KS 67420		 SE/4 of Section 27
T06S, R08W		 Mitchell

Public Notice No. KS-Q-24-133/145

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
Green Acres Restaurant
4772 E. 205th St.
Overbrook, KS 66524		 Hundred & Ten Mile Creek
via Unnamed Tributary		 Treated Domestic
Permit No. C-MC58-OO01
Federal Permit No. KS0097764
Legal Description: SE¼, NW¼, NE¼, Section 30, Township 16S, Range 17E, Osage County, Kansas
Location: 38.63577, -95.56987
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Gorham, City of
PO Box 25
Gorham, KS 67640		 Walker Creek
via Unnamed Tributary		 Treated Domestic
Permit No. M-SH10-OO01
Federal Permit No. KS0096610
Legal Description: NE¼, SW¼, SE¼, Section 31, Township 13S, Range 15W, Russell County, Kansas
Location: 38.87400, -99.02785
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Chloride, Sulfate, Nitrate, Total Kjeldahl Nitrogen, and Total Phosphorus.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Lincoln, City of
153 W. Lincoln St.
PO Box 126
Lincoln, KS 67455		 Saline River Treated Domestic
Permit No. M-SA07-OO01
Federal Permit No. KS0096989
Legal Description: NW¼, SW¼, Section 2, Township 12S, Range 8W, Lincoln County, Kansas
Location: 39.03532, -98.18630
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 the design flow is 118.5 days. The rated flow for 120 days detention time is 0.217 MGD. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Chlorides, Sulfates, and Lead.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Lane, City of
153 W. Lincoln St.
PO Box 126
Lincoln, KS 67455		 Pottawatomie Creek Treated Domestic
Permit No. M-SA07-OO01
Federal Permit No. KS0096989
Legal Description: NW¼, SW¼, Section 2, Township 12S, Range 8W, Lincoln County, Kansas
Location: 39.03532, -98.18630
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 total detention time at design flow is 134 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains 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 condition (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 February 2, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 10.0 mg/L for this facility.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Bennington, City of
PO Box 415
Bennington, KS 67422		 Solomon River
via Sand Creek		 Treated Domestic
Permit No. M-SO06-OO02
Federal Permit No. KS0095567
Legal Description: SW¼, SW¼, NE¼, Section 12, Township 12S, Range 3W, Ottawa County, Kansas
Location: 39.02506, -97.60181
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Total Phosphorus, Arsenic, Chlorides, and Sulfates.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Reading, City of
PO Box 7
Reading, KS 66868		 Marais des Cygnes River
via Unnamed Tributary		 Treated Domestic
Permit No. M-MC41-OO01
Federal Permit No. KS0047414
Legal Description: SE¼, SE¼, SE¼, Section 34, Township 17S, Range 13E, Lyon County, Kansas
Location: 38.52243, -95.95116
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 151 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Quinter, City of
409 Main St.
PO Box 555
Quinter, KS 67752		 Saline River
via Coyote Creek
via Unnamed Tributary		 Treated Domestic
Permit No. M-SA15-OO01
Federal Permit No. KS0116939
Legal Description: NE¼, NW¼, NW¼, Section 28, Township 11S, Range 26W, Gove County, Kansas
Location: 39.07336, -100.22013
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Suncrest Properties, LLC
9169 W. State St. #1902
Garden City, ID 83714		 Marmaton River Treated Domestic
Permit No. C-MC11-OO01
Federal Permit No. KS0079111
Legal Description: NE¼, SW¼, NW¼, Section 19, Township 25S, Range 25E, Bourbon County, Kansas
Location: 37.85903, -94.70961
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility receives domestic wastewater from residential areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Assaria, City of
148 E. Main
PO Box 267
Assaria, KS 67416		 Smoky Hill River Treated Domestic
Permit No. M-SH02-OO01
Federal Permit No. KS0082295
Legal Description: NE¼, NE¼, NW¼, Section 7, Township 16S, Range 2W, Saline County, Kansas
Location: 38.67976, -97.58673
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 345.3 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, Total Phosphorus, and Nitrates.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Allen, City of
PO Box 383
Allen, KS 66833		 Hill Creek
via Unnamed Tributary		 Treated Domestic
Permit No. M-MC02-OO01
Federal Permit No. KS0080055
Legal Description: NW¼, SE¼, SW¼, Section 14, Township 16S, Range 11E, Lyon County, Kansas
Location: 38.65342, -96.16353
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 and commercial areas and industrial wastewater from local manufacturers. The total detention time at design flow is 129 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Fontana, City of
PO Box 31
Fontana, KS 66026		 Marais des Cygnes River
via Unnamed Tributary		 Treated Domestic
Permit No. M-MC10-OO01
Federal Permit No. KS0095532
Legal Description: NW¼, NE¼, NE¼, Section 2, Township 19S, Range 23E, Miami County, Kansas
Location: 38.43145, -94.82926
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Admire, City of
100 E. 3rd St.
Admire, KS 66830		 Hill Creek Treated Domestic
Permit No. M-MC01-OO01
Federal Permit No. KS0081795
Legal Description: NE¼, SE¼, NW¼, Section 29, Township 16S, Range 12E, Lyon County, Kansas
Location: 38.63191, -96.10685
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
McCracken, City of
PO Box 5
McCracken, KS 67556		 Treated Domestic
Permit No. M-SH26-NO01
Federal Permit No. KSJ001019
Legal Description: NE¼, NE¼, SW¼, Section 8, Township 17S, Range 20W, Rush County, Kansas
Location: 38.58864, -99.56065
The proposed action consists of issuance of a new Kansas/NPDES Water Pollution Control permit for an existing facility. This is a three-cell wastewater stabilization lagoon system. This permit contains generic language to protect water quality. This permit has a schedule of compliance to retain a certified operator.

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 17, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-187/196, KS-AG-R-24-012/013, KS-Q-24-133/145) 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, 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 Jada Martin 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 Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 052310

Secretary of State Seal