Volume 41 - Issue 13 - March 31, 2022

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-22-085/088

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Barton County Feeders, Inc. 1164 SE 40 Rd. Ellinwood, KS 67526	SE/4 of Section 17 & E/2 of Section 20 & W/2 of Section 21 T20S, R11W Barton County	Upper Arkansas River Basin
Kansas Permit No. A-UABT-C007 Federal Permit No. KS0042323
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 35,000 head (35,000 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted 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
Smoky Hills Genetics, LLC 4337 W. Smolan Rd. Lindsborg, KS 67456	E/2 of Section 24 T15S, R04W & N/2 & SW/4 of Section 19 T15S, R03W Saline County	Saline River Basin
Kansas Permit No. A-SASA-H001 Federal Permit No. KS0038041
The proposed action is to reissue an existing NPDES permit for an existing facility for 8,982 head (3,592.8 animal units) of swine weighing more than 55 pounds each and 11,586 head (1,158.6 animal units) of swine weighing less than 55 pounds each, for a total of 4,751.4 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Pipestone Farms RE, LLC 20834 Road W3 Lenora, KS 67645	SE/4 of Section 18 & NE/4 of Section 19 T04S, R23W Norton County	Solomon River Basin
Kansas Permit No. A-SONT-H001 Federal Permit No. KS0095893
The proposed action is to modify and reissue an existing federal permit for an existing facility for 7,680 head (3,072 animal units) of swine more than 55 pounds. This permit is being modified to add rendering as a mortality management practice. 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
Wedel Farms Gary Wedel 17830 NW Diamond Rd. Burns, KS 66840	NE/4 of Section 06 & NW/4 of Section 05 T23S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-C011 Federal Permit No. KS0097179
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,800 head (1,800 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 Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-016/019

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
Colwich, City of PO Box 158 Colwich, KS 67030	Arkansas River via Cowskin Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR24-OO02 Federal Permit No. KS0090956
Legal Description: NE¼, NW¼, NW¼, S21, T26S, R2W, Sedgwick County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. The proposed permit includes a schedule of compliance, stating the permittee shall install mixers in cell #1 to evaluate effectiveness in meeting final effluent limits for total suspended solids, biochemical oxygen demand and ammonia and, if limits are not met, to develop an engineering study for improvements to meet final limits. The proposed permit contains interim and final limits for biochemical oxygen demand, total suspended solids, pH, ammonia, and E. coli, as well as monitoring for nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, and total phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cornejo & Sons, LLC 2060 E. Tulsa St. Wichita, KS 67216	Verdigris River via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE01-PO01 Federal Permit No. KS0099261
Legal Description: NW¼, S18, T29S, R16E, Wilson County, Kansas
Facility Name: Altoona 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 consists of stormwater runoff and Outfalls 002A and 003A mainly consist of quarry pit water, which is pumped from two settling ponds after treatment. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
NCK Quarries, LLC 414 Kansas Ave. Smith Center, KS 66967	Solomon River via Beaver Creek via Middle Beaver Creek via Bachelors Run via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-SO38-PO02 Federal Permit No. KS0100501
Legal Description: SE¼ of S16, NE¼ of S21, and NW¼, S22, T1S, R14E, Smith County, Kansas
Facility Name: NCK 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, 003A, and 004A consist of stormwater runoff and pit water. The discharge from Outfall 004A is treated by an on-site pond, before being discharged.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Public Wholesale Water Supply District No. 4 PO Box 6 Cherryvale, KS 67335	Big Hill Creek	Process Wastewater
Kansas Permit No. I-VE28-PO01 Federal Permit No. KS0096938
Legal Description: NE¼, NE¼, S18, T32S, R18E, Labette County, Kansas
Facility Location: 18077 Douglas Rd., Cherryvale, KS 67335
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility treats water from the Big Hill Reservoir for drinking water use. The wastewater treatment system consists of four lagoon cells. Discharge is directed to Big Hill Creek. Sodium sulfite is used to reduce total residual chlorine concentrations in the wastewater. All domestic wastewater is directed to a separate on-site treatment system. The proposed permit contains limits for total residual chlorine, total suspended solids, and pH.

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 April 30, 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-22-085/088, KS-Q-22-016/019) 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 Mirina Landry 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.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

Doc. No. 049982