Volume 43 - Issue 51 - December 19, 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-24-402/409

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Buessing Dairy, LLC 2920 Jayhawk Rd. Axtell, KS 66403	SW/4 of Section 23 & SE/4 of Section 22 T02S, R10E Marshall County	Big Blue River Basin
Kansas Permit No. A-BBMS-M014
The proposed action is to modify and reissue an existing state permit for a facility for 450 head (630 animal units) of mature dairy cattle, 225 head (225 animal units) of dairy heifers weighing more than 700 pounds, and 225 head (112.5 animal units) of dairy heifers weighing less than 700 pounds for a total of 967.5 animal units This permit is being modified to reflect the construction of an existing calf barn that replaced the calf hutches within the facility footprint. There is no change in the 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
Dairy-Tech, LLC - Rome Farms 1186 BB Rd. Hugoton, KS 67951	SE/4 of Section 08 T31S, R37W Stevens County	Cimarron River Basin
Kansas Permit No. A-CISV-D003 Federal permit No. KS0090913
The proposed action is to modify and reissue an existing NPDES permit for an existing facility for a proposed 4,900 head (6,860 animal units) of mature dairy cattle, and 300 head (300 animal units) of cattle weighing more than 700 pounds. There will be no change in the permitted number of animal units from the previous permit.
Name and Address of Applicant	Legal Description	Receiving Water
Eck Feeders 11329 SE US-160 Hwy. Sharon, KS 67138	NW/4 of Section 22 T32S, R10W Barber County	Lower Arkansas River Basin
Kansas Permit No. A-ARBA-B003
The proposed action is to reissue an existing state permit for an existing facility for of 600 head (300 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
Eckhardt Farms Dallas Eckhardt 2520 Road 62 Goodland, KS 67735	SW/4 of Section 31 T08S, R38W Sherman County	Upper Republican River Basin
Kansas Permit No. A-URSH-B008
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 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
Fletchall Feedlot Martin Fletchall 652 230 Rd. Scottsdale, KS 67420	SW/4 of Section 05 T09S, R08W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-B014
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
Long Branch Farms, Inc. Sam Stapp 2013 2700th Rd. Norcatur, KS 67653	SW/4 of Section 22 T02S, R26W Decatur County	Upper Republican River Basin
Kansas Permit No. A-URDC-B005
The proposed action is to reissue an existing state permit for an existing facility for 350 head (350 animal units) of cattle weighing more than 700 pounds and 325 head (162.5 animal units) of cattle weighing less than 700 pounds; for a total of 512.5 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Steve Winkel 2319 190 Rd. Glen Elder, KS 67446	SE/4 of Section 09 T06S, R09W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-S022
The proposed action is to reissue an existing state permit for an existing facility for 880 head (352 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
TCK Farms, LLC 1534 1st Rd. Palmer, KS 66962	NE/4 of Section 33 T05S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S039
The proposed action is to reissue an existing state permit for an existing facility for 1,300 head (520 animal units) of swine weighing greater than 55 pounds, and 650 head (65 animal units) of swine weighing 55 pounds or less; for a total of 585 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 Waste Management Plan on file with KDHE.

Public Notice No. KS-AG-R-24-018/020

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

Name and Address of Registrant	Legal Description	County
ILS Feeders, LLC WFY Holding Co., Inc. 379 80th Ave. Larned, KS 67550	All of Section 23 & SE/4 of Section 14 T23S, R16W	Pawnee County
Name and Address of Registrant	Legal Description	County
Rodney Burdiek 641 Y Rd. Wetmore, KS 66550	SE/4 of Section 01 T05S, R14E	Nemaha County
Name and Address of Registrant	Legal Description	County
T3 Feeders Trey Ruetti 1470 K-9 Hwy. Blue Rapids, KS 66411	NE/4 of NE/4 of Section 29 T04S, R08E	Marshall County

Public Notice No. KS-Q-24-257/262

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
Mid-States Materials, LLC PO Box 236 Topeka, KS 66601	Marais des Cygnes via One Hundred Ten Mile Creek via Unnamed Tributary	Process Wastewater
Permit No. I-MC39-PO03 Federal Permit No. KS0098990
Legal Description: NE¼ of Section 33, Township 16S, Range 17E, Osage County
Location: 38.62001, -95.53195
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility is engaged in the quarrying, crushing and some washing of limestone rock. Outfall 002A consists of wash-water and stormwater runoff discharged via a sedimentation pond. Outfalls 001A and 003A consists of stormwater runoff and pit water discharged via sedimentation ponds. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
St. George, City of 214 First St. PO Box 33 St. George, KS 66535	Kansas River	Treated Domestic
Permit No. M-KS66-OO02 Federal Permit No. KS0099139
Legal Description: NW¼, NE¼, NW¼, Section 16, Township 10S, Range 9E, Pottawatomie County
Location: 39.18745, -96.42160
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing mechanical wastewater treatment facility. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, E. coli, and Total Phosphorus. The permit contains monitoring for Ammonia, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Kensington, City of PO Box 186 Kensington, KS 66951	Middle Creek via Unnamed Tributary	Treated Domestic
Permit No. M-SO21-OO02 Federal Permit No. KS0093998
Legal Description: E½, SE¼, SW¼, Section 28, Township 3S, Range 15W, Smith County
Location: 39.758220, -99.020670
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 E. coli. The permit contains monitoring for pH, Ammonia, Total Phosphorus, Selenium, and Sulfates.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Eureka, City of PO Box 68 Eureka, KS 67045	Fall River via Unnamed Tributary	Process Wastewater
Permit No. I-VE16-PO06 Federal Permit No. KS0101222
Legal Description: NE¼, SW¼, SW¼, Section 34, Township 25S, Range 10 E, Greenwood County
Location: 37.82900, -96.30171
The proposed action consists of renewal of a new Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. This is a potable water treatment plant. The plant treats on average approximately 0.5 MGD of Potable water. Domestic wastewater is discharged to the city sanitary sewer collection system. This permit contains limits for Total Residual Chlorine, and Total Suspended Solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Day & Zimmermann Kansas, LLC 21017 Scott Rd. Parsons, KS 67357	Neosho River via Labette Creek	Process Wastewater
Permit No. I-NE55-PO09 Federal Permit No. KS0099945
Legal Description: Labette County
Location: 37.29810, -95.18342
This action consists of reissuance of an existing industrial process NPDES/Kansas Water Pollution Control wastewater discharge permit for an existing facility. This facility, as a privately-owned business, continues production activities of the former Kansas Army Ammunition Plant. Domestic waste is discharged to the Great Plains Development Authority sanitary sewer system. This permit contains limits for Total Suspended Solids, Oil and Grease, RDX + HMX, TNT, pH, Whole Effluent Toxicity, and Perchlorate. The permit contains monitoring for Total Phosphorus, and Total Recoverable Metals Monitor.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Williams Petroleum Services, LLC OI Bix 3483 MD-48-6 Tulsa, OK 74101	Walnut River via Whitewater River	Process Wastewater
Permit No. I-WA03-PO01 Federal Permit No. KS0000213
Legal Description: SE¼ Section 28, Township 27S, Range 4E, Butler County
Location: 37.67371, -96.98707
The proposed action consists of reissuance of an existing National Pollutant Discharge Elimination System (NPDES)/Kansas Water Pollution Control (KWPC) Permit for an existing facility. This is a former petroleum refinery with no active operations. Site groundwater and soils are contaminated from the previous refining activities. Remediation activities are ongoing under EPA/Resource Conservation and Recovery Act (RCRA) oversight. This permit contains limits for Oil and Grease, and pH. The permit contains monitoring for TPH – LRH, TPH – MRH, TPH – HRH, VOC Scan, Priority Pollutant Scan, and Oil and Grease.

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 18, 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-24-402/409, KS-AG-R-24-018/020, KS-Q-24-257/262) and name of the applicant/permittee when preparing comments.

Notice of Intent to Terminate

Pursuant to the requirements of K.A.R. 28-16-60 and K.A.R. 28-16-62, the Kansas Department of Health and Environment (KDHE) hereby provides notice of intent to terminate Neodesha Studios water pollution control permit, formally known as, Sportsman Inn Motel, Neodesha Inn, and Homestead Inn. The water pollution control state permit number is C-VE29-NO01 and the federal tracking number is KSJ000536. The facility is located at 4265 N. US-75 Hwy., Neodesha, KS 66757. This facility has been closed and/or abandon. The water pollution control permit will be terminated, and Wilson County will oversee the regulatory requirements until such a time that the facility reopens which will require a water pollution control permit application for a new permit. The current absentee owner is listed as Renew Milwaulkee, LLC and Others Homes, LLC whom purchased the facility from Shobhana Patel, LLC DBA Spat Capital on July 30, 2021.

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. 052729