Volume 40 - Issue 49 - December 9, 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-21-361/369

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Bott Cattle Co., Inc. Daryl Bott 1663 1st Rd. Palmer, KS 66962	SE/4 of Section 27 & NE/4 of Section 34 T05S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-C001 Federal Permit No. KS0117200
The proposed action is to modify an existing NPDES permit for a beef facility for 4,999 head (4,999 animal units) of cattle weighing more than 700 pounds. This permit is being modified to add an enclosed cattle barn with an associated concrete pit beneath it. There is no change in the 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
Preheim Ag Wesley Shaw Sunflower Rd. Between 50th and 40th Peabody, KS 66866	NW/4 of Section 17 T22S, R04E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-C006 Federal Permit No. KS0300000
The proposed action is to issue a new State/NPDES permit for a cattle feed yard with 4,500 head (4,500 animal units) of cattle weighing more than 700 pounds. The facility will consist of a Waste Storage Pond (WSP-1), two Waste Separation Facilities (Sediment Basins), two Waste Transfer pipe outlets, Fencing, and Critical Area Plantings. WSP-1 has sufficient capacity to retain the design level storm (25 Yr., 24 Hr. Precipitation Event). A waste transfer pipeline and center pivot waste application system are also proposed. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Darwin Carswell 2386 W. 60th Dr. Alton, KS 67623	SW/4 of Section 31 T06S, R14W Osborne County	Solomon River Basin
Kansas Permit No. A-SOOB-B006
The proposed action is to reissue an existing state permit for an existing facility for 500 head (500 animal units) of cattle more than 700 pounds and 250 head (125 animal units) of cattle 700 pounds or less, for a total of 625 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
Smoky Hill Farms Michael Burger 2903 17th Ave. Lindsborg, KS 67457	SE/4 of Section 01 & NE/4 of Section 12 T17S, R03W McPherson County	Smoky Hill River Basin
Kansas Permit No. A-SHMP-C002 Federal Permit No. KS0099597
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,000 head (1,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Lin-Lea Farms, Inc. 6238 Powell Rd. Mound City, KS 66056	SW/4 of Section 21 T22S, R24E Linn County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-M002
The proposed action is to reissue an existing state permit for an existing facility for 150 head (210 animal units) of mature dairy cattle, 60 head (30 animal units) of dairy calves, and 25 head (25 animal units) of dairy heifers for a total of 265 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
Richard Herman Farms, Inc. Richard Herman 1389 310th Ave. Hill City, KS 67642	NE/4 of Section 21 T10S, R22W Graham County	Saline River Basin
Kansas Permit No. A-SAGH-B007
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Five M Farms Marvel Torneden 22912 Linwood Rd. Linwood, KS 66052	SW/4 of Section 17 T12S, R21E Leavenworth County	Kansas River Basin
Kansas Permit No. A-KSLV-S017
The proposed action is to reissue an existing state permit for an existing facility for 130 head (52 animal units) of swine more than 55 pounds, 100 head (10 animal units) of swine 55 pounds or less, 16 head (16 animal units) of beef cattle more than 700 pounds and 20 head (10 animal units) beef cattle 700 pounds or less, for a total of 266 head (88 animal units) of beef cattle and 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
Jeremy Dennis Farms Jeremy Dennis 1270 E. Eagle Rd. Kensington, KS 66951	NE/4 of Section 26 T01S, R16W Phillips County	Solomon River Basin
Kansas Permit No. A-SOPL-B014
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 150 head (75 animal units) of cattle 700 pounds or less, for a total of 225 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
Sandy Road Farms, LLC - 10 Finishing 23179 #5 Rd. Plains, KS 67869	N/2 of Section 16 T34S, R30W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-H002 Federal Permit No. KS0088200
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,850 head (1,540 animal units) of swine weighing greater 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.

Public Notice No. KS-AG-R-21-027/028

Per Kansas Statutes Annotated 65-171d, the following registration(s) have been received for a proposed facility:

Name and Address of Applicant	Legal Description	County
Chance Cranston 503 CR 1 Brewster, KS 67732	SW/4 of Section 07 T10S, R36W	Thomas County
Name and Address of Applicant	Legal Description	County
Justin Wiebe 13620 NW Santa Fe Lake Rd. Whitewater, KS 67514	NW/4 of Section 30 T23S, R04E	Butler County

Public Notice No. KS-Q-21-130

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
Nelson Quarries, Inc. PO Box 100 Gas, KS 66742	Verdigris River via Toronto Lake via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE36-PO01 Federal Permit No. KS0100234
Legal Description: SW¼, S26, T25S, R13E, Woodson County, Kansas
Facility Name: Toronto Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with no washing. Outfall 001A and Outfall 002A consist of quarry pit water and stormwater runoff. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-NQ-21-012

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
Geary County Public Works Department 310 E. 8th St. Junction City, KS 66441	SW¼, NE¼, SW¼, S11, T11S, R4E, Geary County, Kansas	Non-Overflowing
Kansas Permit No. M-LR15-NO01 Federal Permit No. KSJ001002
Facility Name: Geary County Sewer District #4 (Laurel Canyon)
The proposed action is to issue a new non-discharging State/NPDES permit for a new non-discharging facility. This facility is a two-cell wastewater stabilization lagoon system, replacing the existing mechanical treatment plant.

Public Notice No. KS-PT-21-010

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address of Applicant	Receiving Facility	Type of Discharge
Bradford Built, Inc. 1803 Industrial Park Dr. Washington, KS 66968	Washington Municipal Wastewater Treatment Plant	Process Wastewater
Kansas Permit No. P-BB21-OO01 Federal Permit No. KSP000107
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures customized agricultural products, such as truck flatbeds and grain hoppers made of steel. A conversion coating (phosphating) operation is used to prepare the steel products for painting. Outfall 001 represented wastewater from the old wash bay, when a phosphating chemical was sprayed on metal parts. This process was discontinued in July 2019. Outfall 002 represents the discharge of spent phosphating chemical and rinse water from the new, three-stage washer. The proposed permit contains pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.

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 8, 2022, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-361/369, KS-AG-R-21-027/028, KS-Q-21-130, KS-NQ-21-012, KS-PT-21-010) 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 Paige Drury, 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.

Janet Stanek
Acting Secretary

Doc. No. 049617