Volume 43 - Issue 35 - August 29, 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-24-251/267

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Brookover Ranch Feed Yard Bruce Conrardy 5250 E. Brookover Ranch Rd. Garden City, KS 67846	E/2 & SW/4 of Section 02 & SE/4 of Section 35 & SW/4 of Section 36 & NW/4 of Section 01 T25S, R32W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C016 Federal Permit No. KS0080918
The proposed action is to reissue an existing NPDES permit for an existing facility for 35,000 head (35,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Five Rivers Cattle Feeding, LLC - Grant County Feeders 7597 W. Road 17 Ulysses, KS 67880	All of Section 28 & N/2 of Section 33 T29S, R38W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-C001 Federal Permit No. KS0037702
The proposed action is to reissue an existing NPDES permit for an existing facility for 140,000 head (140,000 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
J-Six Enterprises, LLC - South Farm 1436 56th Rd. Corning, KS 66417	N/2 of Section 32 T04S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-H002 Federal Permit No. KS0090191
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,800 head (1,920 animal units) of swine weighing more than 55 pounds and 4,850 head (485 animal units) of swine weighing 55 pounds or less; for a total of 9,650 head (2,405 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
Wickstrum Farms, Inc. Larry and Sharon Wickstrum 11955 K-13 Hwy. Westmoreland, KS 66549	NW/4 of Section 22 & NE/4 of Section 21 T08S, R08E Pottawatomie County	Kansas River Basin
Kansas Permit No. A-KSPT-C007 Federal Permit No. KS0100731
The proposed action is to reissue an existing NPDES permit for an existing facility for 500 head (500 animal units) of cattle weighing more than 700 pounds and 999 head (499.5 animal units) of cattle weighing less than 700 pounds for a total capacity of 1,499 head (999.5 animal units) of cattle. 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
Gottsch Feeding Corporation – Rosalia 13231 SE Parallel Rd. Rosalia, KS 67132	NW/4 of Section 06 T26S, R08E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-C013 Federal Permit No. KS0097942
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,500 head (750 animal units) of cattle weighing less 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
Gary Benteman 173 Bismark Rd. Clifton, KS 66937	NE/4 of Section 29 T05S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-S023
The proposed action is to reissue an existing state permit for an existing facility for 680 head (272 animal units) of swine weighing more than 55 pounds and 590 head (59 animal units) of swine weighing 55 pounds or less, for a total of 331 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
Bernard Adam Deters 1568 F Rd. Centralia, KS 66415	NW/4 of Section 24 T03S, R11E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-M012
The proposed action is to reissue an existing state permit for an existing facility for 75 head (105 animal units) of mature dairy cows, 40 head (40 animal units) of cattle weighing greater than 700 pounds (dairy heifers), and 40 head (20 animal units) of cattle weighing 700 pounds or less (dairy calves); for a total of 165 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
Michael J. Kendall 602 2nd Rd. Longford, KS 67458	NW/4 of Section 36 T10S, R01E Clay County	Smoky Hill River Basin
Kansas Permit No. A-SHCY-M001
The proposed action is to reissue an existing state permit for an existing facility for 45 head (63 animal units) of mature dairy cattle, 5 head (5 animal units) of cattle weighing more than 700 pounds (dairy heifers), and 30 head (15 animal units) of cattle weighing less than 700 pounds (dairy calves), for a total of 83 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
Allyn and Gordon File 1729 330 Rd. Beloit, KS 67420	SE/4 of Section 11 T07S, R07W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-B015
The proposed action is to reissue an existing state permit for an existing facility for 400 head (400 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
Slash X Ranch Rex Schoen 10072 110 Rd. Dodge City, KS 67801	SW/4 of Section 02 T25S, R25W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-B003
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
David and Bonnie Sexson 1415 Road 3 Weskan, KS 67762	SE/4 of Section 30 T13S, R42W Wallace County	Smoky Hill River Basin
Kansas Permit No. A-SHWA-B006
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 animal units) of cattle weighing greater than 700 pounds and 4 horses (8 animal units), for a total of 998 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
TB Farms Troy Becker 436 18 Ave. Moundridge, KS 67107	SW/4 of Section 07 T21S, R02W McPherson County	Little Arkansas River Basin
Kansas Permit No. A-LAMP-S029
The proposed action is to reissue an existing state permit for an existing facility for 3,500 head (350 animal units) of swine 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
Goeckel Hog Farm 2048 All American Rd. Hanover, KS 66945	SE/4 of Section 21 T02S, R05E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S042
The proposed action is to reissue an existing state permit for an existing facility for 800 head (320 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
Haverkamp Dairy Anita Haverkamp 1090 Acorn Rd. Wetmore, KS 66550	NW/4 of Section 31 T04S, R15E Brown County	Kansas River Basin
Kansas Permit No. A-KSBR-M006
The proposed action is to reissue an existing state permit for an existing facility for 200 head (280 animal units) of mature dairy cattle, 87 head (87 animal units) of cattle weighing greater than 700 pounds (dairy heifers), and 75 head (37.5 animal units) of cattle weighing 700 pounds or less (dairy calves), for a total of 404.5 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
Harries Farm Craig Harries 352 5th Rd. Marysville, KS 66508	SE/4 of Section 15 & SW/4 of Section 14 T01S, R06E Marshall County	Big Blue River Basin
Kansas Permit No. A-BBMS-B006
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Esslinger Ranch, Inc. 15788 Road E5 Norton, KS 67654	SW/4 of Section 22 & NW/4 of Section 27 & SE/4 of Section 21 T03S, R22W Norton County	Solomon River Basin
Kansas Permit No. A-SONT-C002 Federal Permit No. KS0097985
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,000 head (3,000 animal units) of cattle weighing more than 700 pounds The facility’s NMP was updated to include a change in the application rate limitation for one field. The fields’ application rate limitation has 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. 1333 S. 2500 Rd. Herington, KS 67449	E/2 of Section 31 & W/2 of Section 32 & T15S, R06E & 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 five fields have become less restrictive than the previous NMP. In addition, the phosphorus loss risk assessment for three fields has increased to medium risk. 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-Q-24-171/179

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
Manhattan, City of 1101 Poyntz Ave Manhattan, KS 66502	Kansas River	Treated Domestic
Permit No. M-KS38-OO01 Federal Permit No. KS0036714
Legal Description: SW¼, NW¼, NW¼, Section 16, Township 10S, Range 8E SE¼, NE¼, NE¼, Section 17, Township 10S, Range 8E, Pottawatomie County
Location: 39.18585, -96.53879
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 pumping station, two mechanical bar screens, grit basin, two grit concentrators, two cell peak flow holding basins, mechanical fine screen, four selector basins, eight activated sludge aeration basins, six final clarifiers, ultraviolet disinfection, plant reuse water system, dissolved air flotation thickener, three aerobic digesters, two aeration blower buildings, digester blower building, two RAS denitrification basins, MLR/RAS building, sludge holding basin, two biosolids storage lagoons, and biosolids dredge and pump system. 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, E. coil and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
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
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. coil. The permit contains monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Reading, City of 613 1st St. 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
Location: 38.52243, -95.95116
The proposed action consists reissuance of a Kansas/NPDES Water Pollution Control Permit for an existing groundwater contamination remediation treatment system. The existing permit was issued for a permitted flow of 0.030 MGD and included technology based effluent limits for biochemical oxygen demand, total suspended solids, and water quality-based limits for ammonia. Monitoring of pH and E. coli was also required. The total proposed design discharge from the treatment system is about 86,400 gallons/day. 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
Spring Hill, City of PO Box 424 Spring Hill, KS 66083	Ten Mile Creek via Sweetwater Creek	Treated Domestic
Permit No. M-MC45-OO01 Federal Permit No. KS0048143
Legal Description: SW¼, SE¼, SW¼, Section 13, Township 15S, Range 23E, Johnson County
Location: 38.73983, -94.81006
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, Ammonia, and E. coli. The permit contains monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Garden Plains, City of 600 S. Main Garden Plains, KS 67050	Clearwater Creek via Polecat Creek	Treated Domestic
Permit No. M-AR35-OO02 Federal Permit No. KS0100111
Legal Description: SW¼, SE¼, SE¼, Section 31, Township 27S, Range 3W, Sedgwick County
Location: 37.65003, -97.683396
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 existing facility is a mechanical wastewater treatment plant consisting of: influent lift station, headworks, activated sludge aeration sludge holding basin, final clarification, UV disinfection, and two polishing ponds. The facility receives domestic wastewater from residential and commercial areas. 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, and Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Valley Center, City of PO Box 188 Valley Center, KS 67147		Treated Domestic
Permit No. M-LA16-SU01 Federal Permit No. KSR410037
Legal Description: Sedgwick County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Eastborough, City of #1 E. Douglas Ave. Eastborough, KS 67207		Treated Domestic
Permit No. M-AR31-SU01 Federal Permit No. KSR410041
Legal Description: Sedgwick County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cornejo & Sons, LLC PO Box 412 Pittsburg, KS 66762	Neosho River via Lightning Creek via Limestone Creek via Unnamed Tributary	Process Wastewater
Permit No. I-NE57-PO11 Federal Permit No. KS0088862
Legal Description: SE¼ of NE¼ of Section 30, Township 30S, Range 24E, Crawford County
Location: 37.40539, -94.81658
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This is a limestone quarrying and crushing operation, with no washing. Outfall 001 consists of stormwater runoff and quarry pit water, that is pumped to a pond for treatment, before being discharged. There is no asphalt plant operating at this location. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mid-States Materials, LLC PO Box 236 Topeka, KS 66601	Marais des Cygnes River via South Fork of Pottawatomie Creek via Unnamed Tributary	Process Wastewater
Permit No. I-MC13-PO08 Federal Permit No. KS0100412
Legal Description: NE¼ of Section 16, Township 20S, Range 20E, Bourbon County
Location: 38.31313, -95.20024
The proposed action consists of re-issuing the above referenced NPDES permit. No significant changes were made to the permit. This is a limestone quarrying and crushing operation with no washing. Outfalls 001A and 002A consist of stormwater runoff and quarry pit water. This permit contains generic language to protect water quality.

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 28, 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-24-251/267, KS-Q-24-171/179) 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. 052431