Volume 40 - Issue 52 - December 30, 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-21-387/400

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
3D Cattle Co. Douglas M. Dolechek NW 180 Rd. Hoisington, KS 67544	SW/4 of Section 27 T16S, R14W Barton County	Smoky Hill River Basin
Kansas Permit No. A-SHBT-B001
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of cattle weighing greater than 700 pounds. The facility will consist of 5.2 acres of open pens and a waste management system consisting of a drainage collection channel and an earthen wastewater retention structure. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Sperfslage Dairy Eugene Sperfslage 1672 Q Rd. Seneca, KS 66538	NW/4 of Section 14 T03S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M022
This permit is being modified for an existing facility. The maximum capacity for the dairy facility is 210 head (294 animal units) of mature dairy cattle, 28 head (28 animal units) of cattle weighing greater than 700 pounds, 37 head (18.5 animal units) of cattle weighing 700 pounds or less, 223 head (89.2 animal units) of swine weighing greater than 55 pounds, and 151 head (15.1 animal units) of swine weighing 55 pounds or less for a total of 444.8 animal units. Modifications include the establishment of grass buffers for the swine and heifer pens, and farrowing huts rather than a barn. Animal unit changes include the addition of 38 head (19 animal units) of cattle weighing less than 700 pounds for a total of 75 head (37.5 animal units) of cattle weighing less than 700 pounds. There are no changes to other animal units.
Name and Address of Applicant	Legal Description	Receiving Water
Decatur County Beef, LLC Scott Foote 2361 US-83 Hwy. Oberlin, KS 67749	SE/4 and W/2 of Section 01 & N/2 of Section 12 T02S, R29W Decatur County	Upper Republican River Basin
Kansas Permit No. A-URDC-C002 Federal Permit No. KS0115690
The proposed action is to modify the current NPDES permit for an existing facility. Modifications to the permit includes: the addition of a detailed description of the existing facility an adjustment to the operating levels according to as-built information. There are no other changes to the permit. Only the portions of the permit being modified are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Spring Lake Farms Solomon Unruh 913 S. Spring Lake Rd. Halstead, KS 67056	SE/4 of Section 20 T23S, R02W Harvey County	Little Arkansas River Basin
Kansas Permit No. A-LAHV-S034
The proposed action is to reissue an existing state permit for an existing facility for 1,500 head (600 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
Wells M-M Dairy Mark G. Wells 7051 S. 375th West Cheney, KS 67025	E/2 of Section 32 T28S, R04W Sedgwick County	Lower Arkansas River Basin
Kansas Permit No. A-ARSG-M025
The proposed action is to reissue an existing state permit for an existing facility for 175 head (245 animal units) of mature dairy cattle, 75 head (75 animal units) of dairy heifers, and 75 head (37.5 animal units) of dairy calves, for a total of 357.5 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
Rickey and Ronda Blattner 17803 P Rd. Cimarron, KS 67835	NE/4 of Section 23 T26S, R28W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-B004
The proposed action is to reissue an existing state permit for an existing facility for 599 head (299.5 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
Luke J. Hoeme 50144 NE 100th Ave. Preston, KS 67583	W/2 of Section 05 T27S, R11W Pratt County	Lower Arkansas River Basin
Kansas Permit No. A-ARPR-B009
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
Plus Z Farms Charles M. Zeller 5776 W. 76th Ave. Manhattan, KS 66503	E/2 of Section 14 T09S, R06E Riley County	Kansas – Republican River Basin
Kansas Permit No. A-KSRL-B002
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Ingram Farms Feedyard Craig Ingram 220 W. 1100 Rd. Long Island, KS 67647	NW/4 of Section 13 & NE/4 of Section 14 T01S, R20W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-B003
The proposed action is to reissue an existing state permit for an existing facility for 990 head (495 animal units) of cattle 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
Lee Springer – #2 Sow Farm 3175 CR 5800 Independence, KS 67301	SE/4 of Section 21 T31S, R15E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-S040
The proposed action is to reissue an existing state permit for an existing facility for 1,350 head (540 animal units) of swine weighing greater than 55 pounds, and 1,760 head (176 animal units) of swine weighing 55 pounds or less, for a total of 716 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
Lee Springer - Elk City Facility 4848 CR 1900 Elk City, KS 67344	SW/4 of Section 16 T32S, R14E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-S037
The proposed action is to reissue an existing state permit for an existing facility for 2,122 head (848.8 animal units) of swine weighing more than 55 pounds and 1,494 head (149.4 animal units) of swine weighing 55 pounds or less, for a total of 998.2 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
Billie M. Thompson Revocable Trust Brock Miller 156 NE 20th Ave. Great Bend, KS 67530	SW/4 of Section 21 T21S, R20W Pawnee County	Upper Arkansas River Basin
Kansas Permit No. A-UAPN-B001
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 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
Jeff Unger Livestock Facility 26498 Cheney Rd. Rexford, KS 67753	SW/4 of Section 10 T05S, R31W Rawlins County	Upper Republican River Basin
Kansas Permit No. A-URRA-B011
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
Pine Lane Dairy Jonas Franzt 1025 320th Rd. Tampa, KS 67483	N/2 of Section 34 T17S, R02E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-M017
The proposed action is to reissue an existing state permit for an existing facility for 50 head (70 animal units) of mature dairy cows. Facility is currently unpopulated. 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-Q-21-132/134

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
Caney, City of PO Box 129 Caney, KS 67333	Little Caney River	Treated Domestic Wastewater
Kansas Permit No. M-VE04-OO01 Federal Permit No. KS0027481
Legal Description: S½, SE¼, SE¼, S11, T35S, R13E, Montgomery County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical treatment plant consisting of a bar screen, Parshall flume, oxidation ditch, two final settling tanks, UV disinfection, dewater (bagging system) of sludge, and sludge drying beds. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, and pH, as well as monitoring for nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total phosphorus, and flow.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cornejo & Sons, LLC 2060 E. Tulsa St. Wichita, KS 67216	Verdigris River via Elk City Reservoir via Elk River via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE14-PO01 Federal Permit No. KS0115461
Legal Description: SE¼, S18, T32S, R14E, Montgomery County, Kansas
Facility Name: Elk City 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. Outfalls 001A, 002A and 003A consist of stormwater runoff and quarry pit water. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Winchester, City of PO Box 123 Winchester, KS 66097	Crooked Creek via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. M-KS84-OO01 Federal Permit No. KS0047511
Legal Description: NE¼, NE¼, SE¼, S27, T8S, R19E, Jefferson County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a four-cell wastewater stabilization lagoon system. 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 7/30/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.5 mg/L for this facility. The EED was completed on 9/1/2021. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for total phosphorus.

Public Notice No. KS-NQ-21-013/015

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
Happy Joy Acres PO Box 699 Perry, KS 66073	NE¼, NE¼, NW¼, S28, T10S, R18E, Jefferson County, Kansas	Non-Overflowing
Kansas Permit No. C-KS58-NO04 Federal Permit No. KSJ000569
Facility Name: Happy Joy Acres
The proposed action is to reissue an existing non-discharging State/NPDES permit for an existing non-discharging facility. This facility is a one-cell wastewater stabilization lagoon system. The proposed permit contains a schedule of compliance stating the permittee shall have a KDHE certified wastewater treatment operator to oversee the operation of this facility.
Name and Address of Applicant	Legal Location	Type of Discharge
Lawrence, City of PO Box 708 Lawrence, KS 66044	SE¼, NE¼, SE¼ S17, T13S, R19E Douglas County, Kansas	Non-Overflowing
Kansas Permit No. M-KS31-NO07 Federal Permit No. KSJ000156
Facility Name: Eagle Bend Golf Course
Facility Address: 1250 E. 902 Rd., Lawrence, KS 66044
The proposed action is to reissue an existing non-discharging State/NPDES permit for an existing non-discharging facility. This facility is a two-cell wastewater stabilization lagoon system. The proposed permit contains a schedule of compliance stating the permittee shall have a Kansas licensed professional engineer and complete an engineering study to determine improvements needed.
Name and Address of Applicant	Legal Location	Type of Discharge
Oakley, City of 209 Hudson Ave. Oakley, KS 67748	SW¼, SE¼, NE¼ S10, T11S, R32W, Logan County, Kansas	Non-Overflowing
Kansas Permit No. M-SH29-NO01 Federal Permit No. KSJ001003
Facility Address: 3439 US-40 Hwy., Oakley, KS 67748
The proposed permit is to issue a new State/NPDES permit for a new non-discharging facility. This facility is a three-cell wastewater stabilization lagoon system with a storage cell. The current-in-use facility, Kansas Permit No. M-SH29-OO02 is in effect until completion of the new lagoon system and removal of the Smith and Loveless extended aeration plant and KDHE is notified.

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 29, 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-21-387/400, KS-Q-21-132/134, KS-NQ-21-013/015) 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 the Livestock Waste Management Section at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-6432 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. 049674