Volume 43 - Issue 32 - August 8, 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-24-218/228
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| H2O Farms Eric Waters 71 NW 80th Ave. Macksville, KS 67557 |
NE/4 of Section 29 T25S, R14W Stafford County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARSF-B002 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 987 head (987 animal units) of cattle more than 700 pounds and 6 head (12 animal units) of horses, for a total of 999 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 |
| Seibert Feeding, LLC Gary Seibert 651 20th Ave. Macksville, KS 67557 |
S/2 of NE/4 & SE/4 of Section 02 T23S, R15W Pawnee County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAPN-C005 Federal Permit No. KS0098540 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 4,000 head (4,000 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 |
| Grunder Truck Wash Fred Grunder 600 SW 70th St. St. John, KS 67576 |
SE/4 of Section 21 T25S, R14W Stafford County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARSF-T001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for a private truck wash for two or fewer trucks. There will be no change in the operation number of trucks washed. This facility has an approved Waste Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Albert Dairy Leon Albert 14601 W. Central Wichita, KS 67235 |
NW/4 of Section 23 T27S, R02W Sedgewick County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARSG-M003 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 85 head (119 animal units) of mature dairy cattle and 27 head (13.5 animal units) of cattle weighing less than 700 pounds, for a total of 132.5 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 |
| Kim L. and Nancy Goracke 490 Oat Rd. Hope, KS 67451 |
NW/4 of Section 14 T16S, R03E Dickinson County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHDK-B024 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 800 head (400 animal units) of cattle weighing 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 |
| Seyb Agri-Source. Inc. 27406 S. Whiteside Rd. Pretty Prairie, KS 67570 |
SW/4 of Section 32 T26S, R06W Reno County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARRN-B007 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 336 head (336 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. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Hilger Dairy Gerald Hilger 1178 W. 90th Ave. N Conway Springs, KS 67031 |
SW/4 of Section 32 T30S, R03W Sumner County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARSU-M002 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 75 head (105 animal units) of mature dairy cattle, 25 head (25 animal units) of cattle weighing more than 700 pounds, and 25 head (12.5 animal units) of cattle weighing less than 700 pounds for a total of 142.5 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 |
| 2 R, LLC – Mayday Ron Roth 18010 May Day Rd. Green, KS 67447 |
SE/4 of Section 30 & NE/4 of Section 31 T06S, R05E Riley County |
Big Blue River Basin |
| Kansas Permit No. A-BBRL-S001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 500 head (200 animal units) of swine weighing greater than 55 pounds and 1,200 head (120 animal units) of swine weighing 55 pounds or less, for a total of 320 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 |
| Janice Kramer 930 P Rd. Goff, KS 66428 |
SW/4 of Section 22 T04S, R13E Nemaha County |
Kansas River Basin |
| Kansas Permit No. A-KSNM-S022 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 592 head (236.8 animal units) of swine more than 55 pounds, 90 head (90 animal units) of cattle more than 700 pounds, and 90 head (45 animal units) of cattle 700 pounds or less, for a total of 371.8 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 |
| Daniel Korber 2913 L4 Rd. Bern, KS 66408 |
SW/4 of Section 12 T01S, R12E Nemaha County |
Missouri River Basin |
| Kansas Permit No. A-MONM-S009 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 1,600 head (640 animal units) of swine weighing greater than 55 pounds, 600 head (60 animal units) of swine weighing 55 pounds or less, and 149 head (74.5 animal units) of cattle weighing 700 pounds or less; for a total of 774.5 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 |
| Luthi Farms Steve Luthi 1178 Navajo Rd. Clay Center, KS 67432 |
NE/4 of Section 07 & NW/4 of Section 08 T09S, R03E Clay County |
Lower Republican River Basin |
| Kansas Permit No. A-LRCY-S017 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 1,860 head (744 animal units) of swine weighing more than 55 pounds, 900 head (90 animal units) of swine weighing 55 pounds or less, 60 head (60 animal units) of cattle weighing more than 700 pounds, and 60 head (30 animal units) of cattle weighing 700 pounds or less, for a total of 924 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. | ||
Public Notice No. KS-AG-R-24-014
Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility.
| Name and Address of Registrant |
Legal Description | County |
| Fort Scott Washout, LLC Zachary Bradley 525 N. Crawford Fort Scott, KS 66701 |
SW/4 of Section 19 T25S, R25E |
Bourbon |
Public Notice No. KS-Q-24-155/159
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 |
| Beloit, City of 119 N. Hersey Ave. PO Box 567 Beloit, KS 67420 |
Solomon River | Treated Domestic |
| Permit No. M-SO05-OO01 Federal Permit No. KS0021903 |
||
| Legal Description: SW¼, SE¼, NE¼, Section 16, Township 7S, Range 7W, Mitchell County, Kansas | ||
| Location: 39.44493, -98.10090 | ||
| The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of a mechanical bar screen, grit removal, two equalization basins, an extraneous flow basin, an ‘Aero Mod’ extended aeration activated sludge basin, UV disinfection of effluent, a sludge belt filter press, and a covered sludge storage area. Disinfected effluent is pumped to a holding pond at the golf course for irrigation use. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Chlorides, Sulfates, Selenium, and Lead. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| City of Frankfort 109 N. Kansas Frankfort, KS 66427 |
Big Blue River via Timber Creek via Unnamed Tributary |
Process Wastewater |
| Permit No. I-BB07-PO03 Federal Permit No. KS0099775 |
||
| Legal Description: SE¼ of Section 9, Township 4S, Range 9E, Marshall County, Kansas | ||
| Location: 39.71695, -96.41394 | ||
| This action consists of reissuance of an existing NPDES/ Kansas water pollution control permit. Carbon tetrachloride (CCl4) contaminated groundwater is pumped from underneath the source area and treated in a 3-stage gravity flow cascade aeration system to remove CCl4 prior to discharge to an onsite irrigation pond for agricultural crop production. The treatment system is designed to remove up to 50 µg/l CCl4 at an ambient temperature of 35°F or above. It includes a re-circulation pump to re-circulate up to 25 gpm of treated water through the upper two stages of the aeration system to increase the removal efficiency, if needed. The aeration system will not operate during winter months when the ambient air temperature is below 35°F. This permit contains limits for Carbon Tetrachloride, and TMDL Total Phosphorous. The permit contains monitoring for Flow-MGD, Total Phosphorus and TMDL Total Phosphorous. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Union Pacific Railroad Co. 1400 Douglas St., Stope 1030 Omaha, NE 68179 |
Arkansas River via East Fork Chisholm Creek via Storm Sewer |
Process Wastewater |
| Permit No. I-AR94-PO12 Federal Permit No. KS0099970 |
||
| Legal Description: SW¼ Section 15, Township 27S, Range 1E, Sedgwick County, Kansas | ||
| Location: 37.69983, -97.31611 | ||
| The proposed action consists of renewal of an existing Kansas Water Pollution Control Permit for an existing facility. This facility is associated with a groundwater remediation project. Groundwater contaminated with trichloroethylene (TCE) and tetrachloroethylene (PCE, not related to the UPRR site) is collected in a system of 8 pumping wells pumping at a total rate of up to 180 gallons per minute (gpm). The wells pump into a common header which is connected to a treatment building. This permit contains limits for Trichloroethylene, Trichloroethylene, pH, and TMDL Phosphorus. The permit contains monitoring for Total Phosphorus, Trichloroethylene, TCE, PCE, and Total Phosphorus. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| New Coleman Holdings, Inc. 35 E. 62nd St. New York, NY 10065 |
Arkansas River via Chisholm Creek via Unnamed Tributary |
Process Wastewater |
| Permit No. I-AR94-PO21 Federal Permit No. KS0000850 |
||
| Legal Description: SW¼, Section 33, Township 26S, Range 01E, Sedgwick County, Kansas | ||
| Location: 37.74610, -97.32800 | ||
| The proposed action consists of modification and reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. This permit modification consists of temporarily allocating an additional 0.41 pounds per day of Total Phosphorus from the Arkansas River TMDL reserve for the term of this permit, along with additional supplemental conditions that address further efforts to reduce phosphorus in the discharge. Total daily discharge from this facility is approximately 0.5 million gallons. Approximately 4,000 gallons per day (gpd) of AS-2 effluent is used for seasonal lawn irrigation. Domestic waste is discharged to the sanitary sewer system. This permit contains limits for Trichloroethylene, pH, and TMDL Phosphorus. The permit contains monitoring for Total Phosphorus, Trichloroethylene, and VOC Scan. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Ash Grove Cement Co. 1801 N. Santa Fe Chanute, KS 66720 |
Neosho River via Village Creek via Unnamed Tributary |
Process Wastewater |
| Permit No. I-NE11-PO02 Federal Permit No. KS0001201 |
||
| Legal Description: NE¼, Section 17, Township 27S, Range 18E, Neosho County, Kansas | ||
| Location: 37.69889, -95.46016 | ||
| This action consists of renewal of an existing NPDES/Kansas Water Pollution Control permit for an existing facility. This facility quarries limestone and shale used in the manufacture of Portland cement by dry process in a rotary kiln. Other process activities include crushing, grinding, pyro-processing, pulverizing, and storage of raw materials, intermediates, and shipping of final products. Related operations include storage and utilization of waste-derived fuels (solids and liquids) burned in the cement kilns and disposal of solid wastes, including cement kiln dust (CKD), in on-site landfills. This permit contains limits for TSS, Oil and Grease, and pH. The permit contains monitoring for Priority Pollutant Scan, and Metals. | ||
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 7, 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-24-218/228, KS-AG-R-24-014, KS-Q-24-155/159) 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. 052383
