Volume 40 - Issue 34 - August 26, 2021

State of Kansas

Department of Health and Environment

Notice Concerning 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.

Public Notice No. KS-AG-21-268/276

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
DF & WC Cattle Co., LLC Matt Dohrman 9350 American City Rd. Emmett, KS 66422	S/2 of Section 1 T09S, R12E Jackson County	Kansas River Basin
Kansas Permit No. A-KSJA-B010
The proposed action is to reissue an existing state permit for an existing facility for 997 head (997 animal units) of cattle weighing greater than 700 pounds and 1 head (2 animal units) of horses, for a total of 998 head (999 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
Fred Cox Jr. Hopkins Rd. Assaria, KS 67416	NE/4 of Section 19 T16S, R02W Saline County	Smoky Hill River Basin
Kansas Permit No. A-SHSA-B006
The proposed action is to reissue an existing state permit for an existing facility for 150 head (150 animal units) of cattle more than 700 pounds and 100 head (50 animal units) of cattle 700 pounds or less; for a total of 200 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
Dean Goetz 2849 P Rd. Hill City, KS 67642	NW/4 of Section 19 T08S, R22W Graham County	Solomon River Basin
Kansas Permit No. A-SOGH-S004
The proposed action is to reissue an existing state permit for an existing facility for 1,200 head (480 animal units) of swine weighing more than 55 pounds and 600 head (60 animal units) of swine weighing 55 pounds or less; for a total of 540 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.
Name and Address of Applicant	Legal Description	Receiving Water
Hofer Brothers, Inc. Bill Hofer 23082 G Rd. Cedar, KS 67628	SE/4 of Section 25 T04S, R15W SW/4 of Section 30 T04S, R14W Smith County	Solomon River Basin
Kansas Permit No. A-SOSM-B009
The proposed action is to reissue an existing state permit for an existing facility for 700 head (700 animal units) of cattle more than 700 pounds. This is a decrease from the previously permitted number of animal units. There will be no change in the operation 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
Roush Farms Kaden Roush 16022 DD Rd. Lebanon, KS 66952	NW/4 of Section 24 T03S, R11W Smith County	Solomon River Basin
Kansas Permit No. A-SOSM-S005
The proposed action is to reissue an existing state permit for an existing facility for 342 head (136.8 animal units) of swine more than 55 pounds and 220 head (22 animal units) of swine 55 pounds or less, for a total of 158.8 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
Rex Stanley Feed Yard Ronnie Stanley 10763 106 Rd. Dodge City, KS 67801	E/2 of Section 12 T26S, R26W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C011 Federal Permit No. KS0118192
The proposed action is to reissue an existing NPDES permit for an existing facility for 13,500 head (13,500 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
Bradford Feedyard Dennis Bradford 28522 SE D Rd. Jetmore, KS 67854	S/2 of Section 18 T24S, R23W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C010 Federal Permit No. KS0096261
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,500 head (1,750 animal units) of cattle 700 pounds or less. The facility’s NMP was updated to include a change in the application rate limitation for Field 5. The fields’ application rate limitations 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
Bethell Hog Farm E. 333 Rd. Melvern, KS 66510	NE/4 of Section 28 T18S, R17E Osage County	Marais des Cygnes River
Kansas Permit No. A-MCOS-H001 Federal Permit No. KS0093734
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,800 head (1,920 animal units) of swine more than 55 pounds. The facility’s NMP was updated to include the addition of Land Application Field 6. 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
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 approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted 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. The facility’s NMP was updated to include the addition of three new land application fields. 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-NQ-21-009

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).

Name and Address of Applicant	Legal Location	Type of Discharge
Belvue, City of PO Box 27 Belvue, KS 66407	SE¼, SW¼, SE¼, S34, T9S, R11E, Pottawatomie County	Non-Overflowing
Kansas Permit No. M-KS05-NO01 Federal Permit No. KSJ000712
The proposed action is to issue a new, non-discharging State/NPDES permit for an existing facility that previously a discharging facility. This facility is a four-cell wastewater stabilization lagoon system. The proposed permit includes a schedule of compliance stating the facility shall retain a KDHE-certified operator.

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 the following KDHE-issued permits.

State Permit	Facility Name	City	County
S-AR60-0004	Sandy Creek Ranch (East Pond)	Medicine Lodge	Barber
G-UA16-0005	Jack B. Kelley–Great Bend Terminal	Great Bend	Barton
G-WA09-0007	Hurricane Services, Inc	El Dorado	Butler
G-WA09-0014	Valmont Newmark	El Dorado	Butler
S-WA13-0022	Trio Machine Building	Rose Hill	Butler
G-MO23-0001	Altec Industries, Inc.	Wathena	Doniphan
S-KS31-0406	Casey’s General Store–Lawrence, KS	Lawrence	Douglas
S-KS31-0420	Lawrence Humane Society New Facility	Lawrence	Douglas
S-KS31-0428	East 9th Street: Project # PW1502	Lawrence	Douglas
S-KS31-0429	Riverside Industrial Park	Lawrence	Douglas
S-KS31-0430	Tommy’s Express Car Wash	Lawrence	Douglas
S-KS31-0431	Home Depot 2211 Pklot Rehab 2018	Lawrence	Douglas
S-UA14-0136	Notting Hill	Garden City	Finney
G-UA11-0007	2M, LLC d/b/a Midwest Salvage	Dodge City	Ford
G-KS97-0001	Kauffman Engineering	Junction City	Geary
G-LR15-0002	GBW Railcar Services, LLC (fka Watco Mechanical Services)	Junction City	Geary
S-AR04-0020	Patterson Health Center	Harper	Harper
S-LA13-0070	Sand Creek Station Phase III	Newton	Harvey
S-KS42-0008	Lake Daabinawa Spillway/Grading Improvements	McLouth	Jefferson
G-MC51-0005	Fleet Care (New Century)	Gardner	Johnson
S-KS20-0018	Moonlight Bus. Ctr. III	Gardner	Johnson
S-KS32-0012	Cornerstone of Leawood	Leawood	Johnson
S-KS45-0029	Mission Trails	Mission	Johnson
S-KS52-0491	56 Commerce Center of Johnson County, Lot 3	Olathe	Johnson
S-KS52-0526	Johnson County Courthouse	Olathe	Johnson
S-KS55-0070	Leabrooke 3rd Plat	Overland Park	Johnson
S-KS68-0290	Reghan Place (S16-T12S-R24E)	Shawnee	Johnson
S-KS68-0340	VHA Outpatient Clinic–Shawnee, KS	Shawnee	Johnson
S-KS68-0360	Attic Storage of Shawnee	Shawnee	Johnson
S-MC08-0045	Widmer Property	Edgerton	Johnson
S-MC45-0048	Country Meadows Industrial Park, Lot 5	Spring Hill	Johnson
S-MC45-0084	Estates of Wolf Creek, 7th Plat	Spring Hill	Johnson
S-MO28-0420	Storagemart–Overland Park	Overland Park	Johnson
S-MO28-0482	I2D Properties, LLC	Overland Park	Johnson
G-NE29-0001	Ruskin Company	Galesburg	Labette
S-NE55-0051	The Villas at LCC	Parsons	Labette
S-KS04-0073	147th Street Improvements	Basehor	Leavenworth
G-NE24-0003	Emporia Transfer Station and Recycling Center (City of Emporia)	Emporia	Lyon
G-NE24-0004	V. A. Basgall Public Works Center	Emporia	Lyon
G-NE24-0011	Emporia Wastewater Treatment Plant	Emporia	Lyon
S-NE02-0006	2017 Water System Improvements	Americus	Lyon
S-NE52-0005	Pyramid Stone	Olpe	Lyon
S-NE64-0001	Diamond Vista Wind Farm Project	Tampa	Marion
S-BB04-0017	Claeys Brothers, Site BBR 50	Blue Rapids	Marshall
S-BB13-0036	RJ Farms, Site BBR 55	Marysville	Marshall
G-LA11-0011	North American Specialty Products	McPherson	McPherson
S-MC20-0049	Danford Drive Improvements	Louisburg	Miami
S-VE04-0010	North Interceptor Sewer C20170901	Caney	Montgomery
S-VE23-0037	West Moundview Marsh Improvements	Independence	Montgomery
S-NE17-0016	Bridge Over Tributary to Fourmile Creek	Council Grove	Morris
G-VE35-0001	Hurricane Services, Inc	Thayer	Neosho
S-KS38-0347	Panera Bread at Poyntz and Sander	Manhattan	Pottawatomie
S-AR27-0020	Pratt Wind–Kingman Substation Addition	Cunningham	Pratt
G-KS38-0009	Shilling Construction Asphalt Plant	Manhattan	Riley
S-KS38-0304	Pinehurst Addition	Manhattan	Riley
S-KS38-0351	2018 River Pond Road	Manhattan	Riley
G-SH31-0004	MARBLE ARCH LLC	Russell	Russell
G-AR94-0135	North American Aviation	Wichita	Sedgwick
S-AR24-0020	West Wichita Cox Facility	Colwich	Sedgwick
S-AR58-0005	Wyn-Wood Addition-Commercial Phase	Maize	Sedgwick
S-AR58-0006	Carriage Crossing 5th	Maize	Sedgwick
S-AR58-0045	119th Street Waterline–Well House to 53rd St	Maize	Sedgwick
S-AR69-0037	Part of Saddlebrook 3rd Addition	Park City	Sedgwick
S-AR94-0089	Waterfront Addition, The	Wichita	Sedgwick
S-AR94-0111	Power CDC Second and Third Additions	Wichita	Sedgwick
S-AR94-1293	Foley Lot Grading	Wichita	Sedgwick
S-AR94-1386	Etezazi Industries, Inc.	Wichita	Sedgwick
S-AR94-1427	Cornejo North Addition, Lot 3, Blk 1	Wichita	Sedgwick
S-AR94-1428	Hall Swim School	Wichita	Sedgwick
S-AR94-1442	Elements Hotel–Innovation Campus	Wichita	Sedgwick
S-AR94-1495	Wichita Cheddars Redevelopment	Wichita	Sedgwick
S-LA23-0023	Epic Sports	Bel Aire	Sedgwick
G-KS72-0001	Langley Recycling of Topeka (Branner)	Topeka	Shawnee
G-KS72-0002	Langley Recycling of Topeka (Tyler)	Topeka	Shawnee
S-KS72-0378	Washburn Rural High School Baseball Field	Topeka	Shawnee
S-KS72-0481	Project T-841017.53 Hicrest Neighborhood Street Repair	Topeka	Shawnee
S-KS72-0500	Misty Harbor Estates No. 5	Topeka	Shawnee
S-KS72-0544	Topeka Zoo: Camp Cowabunga	Topeka	Shawnee
S-KS72-0550	Improvements to SW Oakley Ave.	Topeka	Shawnee
S-KS72-0567	S Kansas Ave.–SW 21st to SW 19th	Topeka	Shawnee
S-KS72-0594	Clarion Woods (Temporary Access Road)	Topeka	Shawnee
G-KS72-0017	US Food Service	Topeka	Shawnee
S-CI07-0035	Carpenter Substation	Hugoton	Stevens
G-UR06-0002	Wagoner & Sons, Inc.	Colby	Thomas
S-KS06-0067	Canaan Center Second Phase	Bonner Springs	Wyandotte
S-KS27-0143	626 N 47th St Special Use	Kansas City	Wyandotte
S-KS27-0206	Commercial Grading for Schlitterbahn	Kansas City	Wyandotte
S-KS27-0243	Recycling Materials Relocating	Kansas City	Wyandotte
S-KS27-0256	A1 Septic & Sewer	Kansas City	Wyandotte
S-MO25-0124	Home Goods at Legends	Kansas City	Wyandotte
S-MO25-0135	Grant Elementary	Kansas City	Wyandotte
S-MO25-0139	Rosedale Middle School	Kansas City	Wyandotte
Proposed Action: The Kansas Department of Health and Environment (KDHE) issued Authorizations for stormwater discharges under of the Construction Stormwater General Permit for the above named projects. K.S.A. 65-166a requires the Secretary of KDHE to assess appropriate annual fees for Authorizations/Permits issued by the Department and provides that failure to pay the annual fee shall be cause for revocation/termination of the Authorization/Permit. The authorized entities named above have failed to comply with the requirement to pay the annual fee. Further, according to K.A.R. 28-16-62(f)-(g), the director has discretion to initiate termination of a permit. Therefore, pursuant to K.S.A. 65-166a, K.A.R. 28-16-60 and K.A.R. 28-16-62, KDHE is hereby providing notice of intent to terminate the Authorizations associated with the projects named herein. The entity may re-instate the Authorization by paying the appropriate annual fees. If you have any questions regarding the termination of your permit, please contact the Stormwater Coordinator.

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 25, 2021, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-268/276, KS-NQ-21-009) 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 Stuart Klaus, 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 Michael Beezhold 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 Rachel Hammond, BEFS, Livestock Waste Management Section at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Christopher Zwiener, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-3056 or email at Christopher.Zwiener@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.kdheks.gov/feedlots. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Lee A. Norman, M.D.
Secretary

Doc. No. 049383