Volume 43 - Issue 49 - December 5, 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-24-384/393

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Kansas Correctional Industries Susan Fevurly 4th and Kansas Ave. Lansing, KS 66043	NE/4 of Section 19 T09S, R23E Leavenworth County	Missouri River Basin
Kansas Permit No. A-MOLV-B002
The proposed action is to reissue an existing state permit for an existing facility for 100 head (100 animal units) of cattle weighing more than 700 pounds, 200 head (100 animal units) of cattle weighing 700 pounds or less, 223 head (89.2 animal units of swine weighing greater than 55 pounds and 70 head (7 animal units) of sheep and goats; for a total of 296.2 animal units of livestock. 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
Phillips Dairy Farm Ralph Phillips 17085 W Rd. Mayetta, KS 66509	NE/4 of Section 16 T08S, R16E Jackson County	Kansas River Basin
Kansas Permit No. A-KSJA-M011
The proposed action is to reissue an existing state permit for an existing facility for 260 head (364 animal units) of mature dairy cattle, 60 head (60 animal units) of cattle weighing more than 700 pounds, and 100 head (50 animal units) of cattle weighing less than 700 pounds for a total of 474 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
Seaboard Foods, LLC – Holcomb #258 849 Road 7 Hugoton, KS 67951	NE/4 of SE/4 of Section 09 T34S, R38W Stevens County	Cimarron River Basin
Kansas Permit No. A-CISV-H006 Federal Permit No. KS0092711
The proposed action is to reissue an existing state permit for an existing facility for 30,000 head (3,000 animal units) of swine weighing 55 pounds or less. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Spresser Farms, Inc. 151 E Road 120 N Dresden, KS 67635	NW/4 of Section 22 T06S, R28W Sheridan County	Solomon River Basin
Kansas Permit No. A-SOSD-B012
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
Sterling Heritage Hogs, LLC 1955 18th Rd. Sterling, KS 67579	N/2 of Section 07 T21S, R07W Rice County	Lower Arkansas River Basin
Kansas Permit No. A-ARRC-H003 Federal Permit No. KS0093386
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,640 head (1,456 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
Wells Ag, LLC Gwen and Jason Wells 1149 N. CR 22 Marienthal, KS 67863	SW/4 of Section 27 T16S, R35W Wichita County	Smoky Hill River Basin
Kansas Permit No. A-SHWH-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Bracken-Cline Farm 8603 500 Rd. Neodesha, KS 66757	NE/4 of Section 13 T30S, R14E Wilson County	Verdigris River Basin
Kansas Permit No. A-VEWL-H002 Federal Permit No. KS0091456
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,000 head (2,400 animal units) of swine weighing greater than 55 pounds and 1,880 head (188 animal units) of swine weighing 55 pounds or less; for a total of 2,588 animal units of swine The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitations for two fields have 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
Dale Springer – Main Farm 5876 CR 3500 Independence, KS 67301	N/2 of Section 23 T31S, R15E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-H009 Federal Permit No. KS0085448
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,070 head (2,428 animal units) of swine weighing greater than 55 pounds; and 3,252 head (325.2 animal units) of swine weighing 55 pounds or less; for a total of 2,753.2 animal units of swine. The facility’s NMP was updated to include changes in the application rate limitations. The application rate limitation for two fields have 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
Lee Springer – Elevator Facility 3321 CR 5800 Independence, KS 67301	SW/4 of Section 23 & SE/4 of Section 22 T31S, R15E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-H002 Kansas Permit No. KS0087114
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,700 head (2,280 animal units) of swine weighing more than 55 pounds and 3,000 head (300 animal units) of swine weighing 55 pounds or less for a total of 2,580 animal units The facility’s NMP was updated to include updated application rate limitations. The rate limitations for one field have become less restrictive. 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
Ruff Farms Feedlot 39344 SE O Rd. Hanston, KS 67849	S/2 of Section 24 T22S, R22W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C004 Federal Permit No. KS0085413
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,950 head (4,950 animal units) of cattle weighing more than 700 pounds The facility’s NMP was updated to include changes in the application rate limitation for their fields. The application rate limitations for fifteen fields have 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.

Public Notice No. KS-Q-24-249/252

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
Kansas Department of Wildlife and Parks #3 State Park Rd. Sylvan Grove, KS 67481		Treated Domestic
Permit No. M-SH05-NO02 Federal Permit No. KSJ000339
Legal Description: NW¼, NE¼, NE¼, Section 13, Township 13S, Range 11W, Russell County
Location: 38.92725, -98.48791
The proposed action consists re-issuance of a Kansas/NPDES Water Pollution Control Permit. The facility is a 2 cell non-discharging lagoon system. The facility has a schedule of compliance for a operations by a Kansas licensed engineer.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cherokee County RWD #4 209 E. 3rd St. Scammon, KS 66773	Shawnee Creek via Unnamed Tributary via Ditch	Process Wastewater
Permit No. I-NE15-PO03 Federal Permit No. KS0101184
Legal Description: NW¼, NW¼, Section 29, Township 32S, Range 24E, Cherokee County
Location: 37.23679, -94.81348
The proposed action consists of modification of a NPDES Water Pollution Control permit for an existing facility. The water treatment facility includes two parallel treatment trains, which are normally operated one at a time. The only wastewater produced during the treatment process is the filter backwash water which is discharged to a ditch outside of the treatment plant. Backwash water is de-chlorinated in a contact tank before flowing through an overflow pipe to the ditch. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
BPU – City of McPherson PO Box 768 McPherson, KS 67460	Little Arkansas River via Dry Turkey Creek via Unnamed Tributary	Process Wastewater
Permit No. I-LA11-PO04 Federal Permit No. KS0079758
Legal Description: SW¼ Section 29, Township 19S, Range 3W, McPherson County
Location: 38.36330, -97.68330
The proposed action consists reissuance of a Kansas/NPDES Water Pollution Control Permit for an existing groundwater contamination remediation treatment system. This facility is a 150-megawatt standby electric generating station. Discharges are comprised of evaporative cooler blowdown, oil storage area runoff, and fire hydrant test water. The rest of the facility’s domestic waste, heating boiler drain and floor drains via lift station, are connected to the sanitary sewer. This permit contains limits for Oil and Grease. The permit contains monitoring for Flow – MGD, pH, Total Phosphorous, Total Residual Chlorine, and Temperature.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Ottawa, City of PO Box 60 Ottawa, KS 66067	Marais des Cygnes River	Process Wastewater
Permit No. I-MC31-PO04 Federal Permit No. KS0079804
Legal Description: NE¼, SW¼, Section 35, Township 16S, Range 19E, Franklin County
Location: 38.61617, -95.27988
The proposed action consists reissuance of a Kansas/NPDES Water Pollution Control Permit for an existing groundwater contamination remediation treatment system. This facility is a peaking electrical generating station used for peaking and emergency power. The facility operates a total of 4 generating units (4 dual fuel internal combustion engines). A 5th combined natural gas and steam turbine generating unit has been eliminated. This permit contains limits for pH, Total Suspended Solids, and Oil and Grease. The permit contains monitoring for Flow – GPD, and Temperature.

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 January 4, 2025, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-384/393, KS-Q-24-249/252) 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

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