Volume 43 - Issue 41 - October 10, 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-24-321/329
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Clayton Carothers 18803 Maddox Rd. La Cygne, KS 66040 |
NW/4 of Section 23 T20S, R23E Linn County |
Marais Des Cygnes River Basin |
| Kansas Permit No. A-MCLN-S007 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 878 head (351.2 animal units) of swine weighing more than 55 pounds and 360 head (36 animal units) of swine weighing 55 pounds or less, for a total of 387.2 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 |
| Cow Camp Feed Yard Tracy Brunner 1611 100 Ave. Ramona, KS 67475 |
SW/4 of Section 34 T16S, R03E Dickinson County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHDK-C001 Federal Permit No. KS0086614 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 7,999 head (7,999 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 |
| Edward Pfrang Feedlot Gary Pfrang 1750 120th Rd. Goff, KS 66428 |
NW/4 of Section 23 T03S, R13E Nemaha County |
Missouri River Basin |
| Kansas Permit No. A-MONM-B009 | ||
| 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 |
| Emma Creek Farms, LLC 717 29th Ave. Canton, KS 67428 |
SE/4 of Section 26 T20S, R01W McPherson County |
Little Arkansas River Basin |
| Kansas Permit No. A-LAMP-B006 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 200 head (200 animal units) of cattle 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 |
| Goddard Feedlot John Goddard 2869 170th Ave. Penokee, KS 67659 |
SE/4 of Section 31 T07S, R24W Graham County |
Solomon River Basin |
| Kansas Permit No. A-SOGH-B001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 400 head (400 animal units) of cattle weighing more than 700 pounds and 200 head (100 animal units) of cattle weighing less than 700 pounds, for a total of 500 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 |
| H&H Feedlot 20th Ave. and H Rd. Larned, KS 67550 |
SW/4 of Section 25 T22S, R15W Pawnee County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAPN-B007 | ||
| 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 |
| Stalker, Inc. - Feed Pens CR FF and CR 230 Satanta, KS 67870 |
SW/4 of Section 24 T30S, R34W Haskell County |
Cimarron River Basin |
| Kansas Permit No. A-CIHS-B001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 850 head (425 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 Waste Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Thielen Feedlot Tim Thielen 70523 S. 1st Ave. Sawyer, KS 67134 |
SE/4 of Section 09 T29S, R13W Pratt County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARPR-B001 | ||
| The proposed action is to modify and reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. This is an increase in 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 |
| Vulgamore Land & Cattle Co. Inc. – West Yard 8250 S. Mesquite Rd. Scott City, KS 67871 |
E/2 of Section 28 T19S, R33W Scott County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UASC-B002 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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. | ||
Public Notice No. KS-AG-R-24-016
Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility.
| Name and Address of Registrant |
Legal Description | County |
| Apsley Livestock Casey Apsley DD Rd. and 70th Rd. Satanta, KS 67870 |
SW/4 of Section 34 T27S, R34W |
Haskell |
Public Notice No. KS-Q-24-206/214
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 |
| Baldwin City, City of PO Box 86 Baldwin City, KS 66006 |
Tauy Creek via East Fork Tauy Creek |
Treated Domestic |
| Permit No. M-MC04-OO03 Federal Permit No. KS0119601 |
||
| Legal Description: NE¼, SW¼, NE¼, Section 9, Township 15S, Range 20E, Douglas County | ||
| Location: 38.76260, -95.19142 | ||
| 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: influent pump station, mechanical bar screen, grit/grease removal, two Schreiber aeration basins and clarifiers, UV disinfection, cascade reaeration of effluent, aerated sludge storage tank, and screw press. 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, and Nitrates + Nitrites. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Chanute, City of 900 S. Katy Chanute, KS 66720 |
Neosho River | Process Wastewater |
| Permit No. I-NE11-PO07 Federal Permit No. KS0094617 |
||
| Legal Description: NE¼, Section 28, Township 27S, Range 18E, Neosho County | ||
| Location: 37.67194, -95.44250 | ||
| The proposed action consists of reissuing the NPDES permit for this facility. No significant changes were made to the permit. This is a potable water treatment plant consisting of two pre-sedimentation basins, three clarifiers, two flocculator basins, two secondary settling basins, six filters, two clearwells, a wash water holding basin, numerous pumps and chemical storage tanks and a two-cell lagoon system. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Frontenac, City of PO Box 1012 Frontenac, KS 66763 |
Cow Creek via First Cow Creek via Unnamed Tributary |
Treated Domestic |
| Permit No. M-NE27-OO02 Federal Permit No. KS0200025 |
||
| Legal Description: NW¼, SE¼, SE¼, Section 6, Township 30S, Range 25E, Crawford County | ||
| Location: 37.45853, -94.70849 | ||
| The proposed action consists of issuance of a new Kansas/NPDES Water Pollution Control permit for a new wastewater treatment facility (WWTF) to replace an existing facility. The new WWTF will be a mechanical treatment plant consisting of an influent lift station, bar screen, grit removal, Aero-Mod SEQUOX system, polyaluminum chloride (PAC) feed system, final clarifiers (2), UV disinfection, cascade reaeration, aerobic digesters (2), sludge dewatering, and a 10 MG flow equalization basin. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Dissolved Oxygen. The permit contains monitoring for Sulfates, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Lawrence, City of PO Box 708 Lawrence, KS 66044 |
Municipal Stormwater | |
| Permit No. M-KS31-SU01 Federal Permit No. KSR410014 |
||
| Legal Description: Douglas 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 |
| Ottawa, City of PO Box 60 Ottawa, KS 66067 |
Municipal Stormwater | |
| Permit No. M-MC31-SN01 Federal Permit No. KSR4440015 |
||
| Legal Description: Franklin 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 |
| Manhattan, City of 1101 Poyntz Ave Manhattan, KS 66502 |
Municipal Stormwater | |
| Permit No. M-KS38-SN01 Federal Permit No. KSR440012 |
||
| Legal Description: Riley 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 |
| Martin Marietta Materials 7381 W. 133rd St., Bldg. 4, Suite 401 Overland Park, KS 66213 |
Neosho River via Cottonwood River |
Process Wastewater |
| Permit No. I-NE26-PO01 Federal Permit No. KS0087769 |
||
| Legal Description: NW¼ of Section 5, Section 6, Township 21S, Range 5E and SE¼, Section 31, Township 20S, Range 5E, Marion County | ||
| Location: 38.25227, -96.91483 | ||
| The proposed action consists of reissuing the above referenced NPDES permit. There were no significant changes were made to this permit. This facility is engaged in a limestone quarrying operation with some washing. Rock is crushed, processed and washed to meet specifications. Outfalls 001A, 002A, 003A and 004A consists of stormwater runoff. Outfall 003A also contains treated wash-water, if a large settling pond discharges. Normally a discharge from the settling pond does not occur. This permit contains limits for Total Suspended Solids. The permit contains monitoring for Sulfate. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Pottawatomie County Commission PO Box 187 Westmoreland, KS 66549 |
Municipal Stormwater | |
| Permit No. M-KS38-SU03 Federal Permit No. KSR410047 |
||
| Legal Description: Pottawatomie 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 |
| Salina, City of PO Box 736 Salina, KS 67402 |
Municipal Stormwater | |
| Permit No. M-SH33-SN01 Federal Permit No. KSR440018 |
||
| Legal Description: Saline 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. | ||
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 November 9, 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-24-321/329, KS-AG-R-24-016, KS-Q-24-206/214) 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. 052554
