Volume 44 - Issue 7 - February 13, 2025

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-25-033/043

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Callicrate Cattle Company, LLC 940 Road 12 St. Francis, KS 67756	SE/4 of Section 19 & SW/4 of Section 20 T04S, R40W Cheyenne County	Upper Republican River Basin
Kansas Permit No. A-URCN-C002 Federal Permit No. KS0087041
The proposed action is to reissue an existing NPDES permit for an existing facility for 12,000 head (12,000 animal units) of cattle weighing greater than 700 pounds, 749 head (299.6 animal units) of swine weighing greater than 55 pounds, 2,999 head (299.9 animal units) of swine weighing 55 pounds or less, 2,999 head (299.9 animal units) of sheep and goats, 16,499 head (297 animal units) of turkeys, 37,499 head (300 animal units) of chickens, and 24,999 head (305 animal units) of laying hens for a total of 13,801.4 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Dudrey Cattle Company, Inc. US-281 Hwy. and NE 40th St. St. John, KS 67576	S/2 of Section 27 T23S, R13W Stafford County	Lower Arkansas River Basin
Kansas Permit No. A-ARSF-B008
The proposed action is to reissue an existing state permit for an existing facility for 995 head (995 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
ILS Feeders, LLC Innovative Livestock Services, Inc. 379 80th Ave. Larned, KS 67530	All of Section 23 & SE/4 of Section 14 T23S, R16W Pawnee County	Upper Arkansas River Basin
Kansas Permit No. A-UAPN-C009 Federal Permit No. KS0300010
The proposed action is to issue a new NPDES permit for a facility for 88,000 head (88,000 animal units) of beef cattle weighing more than 700 pounds. The facility will consist of open lot pens, a commodity storage area, collection channels, five (5) sediment basins, and four (4) waste storage ponds. 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 – Charlies West 907 Eagle Rd. Clifton, KS 66937	SE/4 of Section 14 T04S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-H006 Federal Permit No. KS0093629
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. 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
Kohake Dairy Farm, Inc. 827 112 Rd. Centralia, KS 66415	SW/4 of Section 20 T03S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M019
The proposed action is to reissue an existing state permit for an existing facility for 220 head (308 animal units) of mature dairy cows, 92 head (92 animal units) of cattle weighing more than 700 pounds, 150 head (75 animal units) of cattle weighing 700 pounds or less for a total of 475 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
R&P Calf Ranch Phillip Woods 17502 19 Rd. Cimarron, KS 67835	N/2 of Section 30 T26S, R27W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C014 Federal Permit No. KS0095168
The proposed action is to reissue an existing NPDES permit for an existing facility for 25,000 head (12,500 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
Seaboard Foods, LLC – Shore #238 3999 E. Road 21 Johnson City, KS 67855	SE/4 of Section 08 T30S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-H003 Federal Permit No. KS0091774
The proposed action is to reissue an existing NPDES permit for an existing facility for 7,398 head (2,959.2 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
Vince Wagoner Intersection of Road Z and Road W-6 Lenora, KS 67645	NE/4 of Section 10 T05S, R24W Norton County	Solomon River Basin
Kansas Permit No. A-SONT-B009
The proposed action is to reissue an existing state permit for an existing facility for 500 head (250 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
Cargill Ranch, LLC 8600 NE Isabel Rd. Isabel, KS 67065	W/2 of Section 33 T30S, R11W Barber County	Lower Arkansas River Basin
Kansas Permit No. A-ARBA-C002 Federal Permit No. KS0100757
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,000 head (2,000 animal units) of cattle weighing 700 pounds or less. The facility’s NMP was updated to include application rate limitation changes. The application rate limitation for one field has 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.
Name and Address of Applicant	Legal Description	Receiving Water
Johnson Growers, LLC 548 S. Road I Johnson City, KS 67855	SE/4 of Section 33 T28S, R40W & NE/4 of Section 04 T29S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-C001 Federal Permit No. KS0038415
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 25,000 head (25,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include changes to the application rate limitations for their fields. The application rate limitations for four 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
Premier Heifers, LLC Ken Norgard 3696 E. Road 13 Johnson City, KS 67855	E/2 of Section 04 T29S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-C009 Federal Permit No. KS0300004
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for a maximum capacity of 30,000 head (30,000 animal units) of cattle weighing more than 700 pounds The facility’s NMP was updated to include changes in the application rate limitations for their fields. The fields’ application rate limitations 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-AG-R-25-003

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

Name and Address of Registrant	Legal Description	County
Smoky Hills Pork Schwartz Wilke Farms, LLP 32296 190th St. Sleepy Eye, MN 56085	SE/4 of Section 01 T10S, R04W	Ottawa

Public Notice No. KS-Q-24-020/024

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
Holton, City of 430 Pennsylvania Ave. Holton, KS 66436	Elk Creek & Banner Creek	Treated Domestic
Permit No. M-KS23-OO03 Federal Permit No. KS0097951
Legal Description: SE¼, SE¼, NE¼, Section 3, Township 7S, Range 15E, Jackson County
Location: 39.497115, -95.72265
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: mechanical bar screen, main pump station, Aero-Mod system, UV disinfection, aerated sludge digester, sludge belt filter press, and a three-cell aerated lagoon system used for high flows. 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. coli, Dissolved Oxygen, and Total Phosphorus. The permit contains monitoring for pH, Ammonia, E. coli, Total Phosphorus, Nitrates + Nitrites, Toal Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
USD #345 – Seaman District 901 NW Lyman Rd. Topeka, KS 66617	Kansas River via Soldier Creek via Halfday Creek via Unnamed Tributary	Treated Domestic
Permit No. M-KS72-OO18 Federal Permit No. KS0080098
Legal Description: S½, NW¼, SE¼, & N½, SW¼, SE¼, Section 31, Township 10S, Range 16E, Shawnee County
Location: 39.1329, -95.67087
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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Grandview Plaza, City of 402 State Ave. Grandview Plaza, KS 66441	Smoky Hill River via Frank’s Creek	Treated Domestic
Permit No. M-SH13-OO01 Federal Permit No. KS0116521
Legal Description: SW¼, NE¼, Section 5, Township 12S, Range 6E, Geary County
Location: 39.03952, -96.78990
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a four-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 Ammonia. The permit contains monitoring for pH, E. coli, and Total Phosphorus. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable condition (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on August 20, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 6.4 mg/L for this facility. However, due to anti-backsliding the ammonia limit will remain 4.6 mg/l.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Netawaka, City of 418 Kansas St. Netawaka, KS 66516	Delaware River via Straight Creek via Spring Creek via Unnamed Tributary	Treated Domestic
Permit No. M-KS49-OO01 Federal Permit No. KS0081591
Legal Description: SE¼, NE¼, SW¼, Section 22, Township 5S, Range 15E, Jackson County
Location: 39.59917, -95.72469
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. The detention time at the design flow is 147 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, and Total Phosphorus. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on January 24, 2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 15 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Corning, City of 6412 Main St. Corning, KS 66417	Vermillion Creek via Unnamed Tributary	Treated Domestic
Permit No. M-KS94-OO01 Federal Permit No. KS0081141
Legal Description: E½, NW¼, NW¼, Section 1, Township 5S, Range 12E, Nemaha County
Location: 39.65145, -96.202918
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 and industrial wastewater from local manufacturers. The detention time at the design flow is 120 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on January 23, 2025, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 11.1 mg/L for this facility.

Public Notice No. KS-EG-25-001

In accordance with K.A.R. 28-46-7 and the authority vested with the State by the administrator of the U.S. Environmental Protection Agency, draft permit have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address of Applicant
CHS, Inc. 2000 S. Main St. McPherson, KS 67460
Permit No. KS-01-113-002
Legal Description: 38.368366, -97.781826
Well Identification: WWDW#1
The CHS Conway Terminal Facility is an underground storage facility for hydrocarbon products. CHS currently operates two Class I disposal wells at the Conway Underground Storage Facility. The CHS Conway #1 (KS-01-113-002) disposal well currently receives chloride contaminated groundwater from the facilities recovery well network as well as brine from the facilities brine pond originating from underground salt caverns. CHS also disposes waste fluids of the same composition in the Class I Conway #2 disposal well. The purpose of having two Class I wells is to ensure the facility has adequate disposal capacity of waste fluids to support future operations. CHS Conway Terminal Facility shall use a facility wide maximum injection rate of 672,000 gpd (16,000 bpd).

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 March 15, 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-25-033/043, KS-AG-R-25-003, KS-Q-25-020/024, KS-EG-25-001) 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. 052862