Volume 41 - Issue 15 - April 14, 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-22-090/097

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Fisher Cattle Company - Beaver Creek Feedlot 18499 Road 3 McDonald, KS 67745	S/2 of Section 33 T03S, R36W Rawlins County	Upper Republican River Basin
Kansas Permit No. A-URRA-C001 Federal Permit No. KS0087726
The proposed action is to modify the current NPDES permit and Nutrient Management Plan (NMP) for an existing facility for 7,500 head (7,500 animal units) of cattle weighing greater than 700 pounds. The proposed modification is to add composting as a method of mortality management. There are no other changes to the permit or NMP. Only the portions of the permit and NMP being modified are subject to comment.
Name and Address of Applicant	Legal Description	Receiving Water
Sandy Road Farms, LLC - 9 South, 9 North and Genetic Complex 23179 #5 Rd. Plains, KS 67869	NE/4 of Section 35 T33S, R30W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-H006 Federal Permit No. KS0099643
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,790 head (2,316 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.
Name and Address of Applicant	Legal Description	Receiving Water
Pratt Feeders, Inc. dba Ashland Feeders Mick Sharp 2590 CR L Ashland, KS 67831	N/2 & SE/4 of Section 25 T31S, R22W & NW/4 of Section 30 T31S, R21W Clark County	Cimarron River Basin
Kansas Permit No. A-CICA-C001 Federal Permit No. KS0047104
The proposed action is to reissue an existing state permit for an existing facility for 17,500 head (17,500 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.
Name and Address of Applicant	Legal Description	Receiving Water
Seaboard Foods, LLC - Shore #2 02005 Blvd. DD Rolla, KS 67954	NW/4 of Section 05 T31S, R40W Morton County	Cimarron River Basin
Kansas Permit No. A-CIMT-S002
The proposed action is to reissue an existing state permit for an existing facility for 675 head (270 animal units) of swine 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
Seaboard Foods, LLC - Beachner Boar #67 01350 Road 5 Elkhart, KS 67950	SW/4 of Section 14 T33S, R43W Morton County	Cimarron River Basin
Kansas Permit No. A-CIMT-S007
The proposed action is to reissue an existing state permit for an existing facility for 460 head (184 animal units) of swine 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
LEI Valley View, LLC Bruce Livingston 747 28th Rd. Mahaska, KS 66955	SW/4 of Section 07 T01S, R02E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S064
The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 animal units) of swine 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
Benedict Streit 218 W. 180th Dr. Tipton, KS 67485	SW/4 of Section 34 T08S, R11W Osborne County	Solomon River Basin
Kansas Permit No. A-SOOB-B005
The proposed action is to reissue an existing state permit for an existing facility for 300 head (300 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
Bott Cattle Co., Inc. 1663 1st Rd. Palmer, KS 66962	NE/4 of Section 34 & SE/4 of Section 27 T05S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-C001 Federal Permit No. KS0117200
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,999 head (4,999 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include the addition of two new land application fields and application rate limitation changes to existing fields. The fields’ application rate limitations for five 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.

Public Notice No. KS-Q-22-027/033

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
Burden, City of PO Box 37 Burden, KS 67019	Silver Creek via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR14-OO02 Federal Permit No. KS0088455
Legal Description: NW¼, S34, T31S, R6E, Cowley 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 contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH, dissolved oxygen, and E.coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cornejo & Sons, LLC 2060 E. Tulsa St. Wichita, KS 67216	Verdigris River via Pumpkin Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE09-PO06 Federal Permit No. KS0082171
Legal Description: NE¼, S34, T34S, R17E, Montgomery County, Kansas
Facility Name: Coffeyville 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 consists of stormwater runoff from processing and stockpile areas, and Outfall 002A consists of pit water and stormwater runoff, which is pumped from two settling basins, before being discharged. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cornejo & Sons, LLC 2060 E. Tulsa St. Wichita, KS 67216	Verdigris River via Fall River via Salt Creek via Severy City Lake via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE34-PO01 Federal Permit No. KS0090263
Legal Description: E½ of S10, N½ of S11 and 14,T28S, R11E, Greenwood County, Kansas and N½ and SE¼ of S22 and 23, T28S, R11E, Elk County, Kansas
Facility Name: Severy/Blake 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. Which occasionally washes rock. However, all wash water is treated by a large on-site sedimentation pond and is recycled, so no discharge of wash water occurs. Outfalls 001A, 002A, 003A and 004A consist of pit water and storm water runoff. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Aranya, LLC and Cardinal Parks, LLC 433 Upper Terrace #1 San Francisco, CA 94117	Arkansas River via Spring Creek via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. C-AR94-OO07 Federal Permit No. KS0093823
Legal Description: NE¼, SW¼, SW¼, S16, T28S, R2E, Sedgwick County, Kansas
Facility Name: Long Branch MHC Wastewater Treatment Facility
Facility Address: 9600 E. 47th St. S., Derby, KS 67037
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a two-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, and E. coli, as well as monitoring for pH, chlorides, and total phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Louisburg, City of 5 S. Peoria St. Louisburg, KS 66053	South Wea Creek via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. M-MC20-OO03 Federal Permit No. KS0101176
Legal Description: SW¼, S6, T17S, R25E, Miami County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical wastewater treatment plant consisting of an influent pump station, headworks including center flow fine screen and headcell grit removal, two BNR oxidation ditches including anaerobic zone, anoxic zone and aeration basin, final clarifiers (with density current baffle and launder covers), chemical feed system, UV disinfection, cascade re-aeration, non-potable water system, and sludge storage. This facility also includes two separate two-cell extraneous flow basins (north and south) with dedicated extraneous flow pump stations. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, dissolved oxygen, and pH, as well as monitoring for nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total phosphorus, and flow to stream.
Name and Address of Applicant	Receiving Stream	Type of Discharge
St. Francis, City of PO Box 517 St. Francis, KS 67756	South Fork Republican River	Treated Domestic Wastewater
Kansas Permit No. M-UR18-OO01 Federal Permit No. KS0031089
Legal Description: NW¼, NW¼, NW¼, S23, T3S, R40W, Cheyenne 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. 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 9/16/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 3.8 mg/L for this facility. The EED was completed on 3/1/2022. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH, E. coli, fluoride, and arsenic.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Walton, City of PO Box 200 Walton, KS 67151	Sand Creek via Beaver Creek via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. M-LA17-OO01 Federal Permit No. KS0026140
Legal Description: NE¼, NW¼, SW¼, S19, T22S, R2E, Harvey County, Kansas
Facility Address: 6500 N. Woodlawn, Walton, KS 67151
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 contains limits for biochemical oxygen demand, totals suspended solids, ammonia, and E. coli, as well as monitoring for pH, nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, and total phosphorus.

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 May 14, 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-22-090/097, KS-Q-22-027/033) 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. 050026