Volume 41 - Issue 37 - September 15, 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-22-233/242

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Seaboard Foods, LLC - Leoti Bergkamp Northwest Corner of CR 7 and CR Y Leoti, KS 67861	All of Section 35 & All of Section 36 T19S, R38W and SW/4 of Section 31 T19S, R37W Wichita County	Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H003 Federal Permit No. KS0095401
The proposed action is to modify and reissue the existing State/NPDES permit for a facility with a maximum animal capacity of 86,400 (34,560 animal units) of swine weighing greater than 55 pounds. This facility is being modified for process wastes and wastewaters from the existing 8 farms (10 swine barns per farm) to be transferred to 2 new earthen wastewater retention structures that will be utilized as covered anaerobic digesters before wastewater is transferred to 13 existing earthen wastewater structures. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Western Pig Company Steven Cox 10448 Road W13 Norcatur, KS 67653	NE/4 of Section 28 T02S, R25W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H002 Federal Permit No. KS0092771
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 8,400 head (3,360 animal units) of swine weighing more than 55 pounds each and 3,600 head (360 animal units) of swine weighing less than 55 pounds each. This represents a decrease 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
Limestone Hills, LLC Heath Allen 1570 Deer Rd. Haddam, KS 66944	NW/4 of Section 14 T03S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-H009 Federal Permit No. KS0096156
The proposed action is to reissue an existing state permit for an existing facility for 4,800 head (1,920 animal units) of swine weighing more than 55 pounds and 2,650 head (265 animal units) of swine weighing less than 55 pounds for a total of 2,185 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
Stapleton Hog, Inc. 10006 E Rd. Plains, KS 67869	S/2 of Section 22 T30S, R29W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-H004 Federal Permit No. KS0090468
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,040 head (2,016 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Sunrise Cattle Feeders, LLC PO Box 134 Ingalls, KS 67853	NE/4 of Section 10 T26S, R29W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C009 Federal Permit No. KS0086341
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,995 head (4,995 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Celtic, LLC Aidan Daly 38 Dairy Cir. Tribune, KS 67879	SE/4 of Section 03 T16S, R40W Greeley County	Smoky Hill River Basin
Kansas Permit No. A-SHGL-D001 Federal Permit No. KS0095303
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (4,200 animal units) of mature dairy cows and 50 head (25 animal units) of dairy calves; for a total of 4,225 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Jewell County Feeders, LLC Randy Dean 1026 Q Rd. Mankato, KS 66956	SW/4 of Section 10 T03S, R09W Jewell County	Solomon River Basin
Kansas Permit No. A-SOJW-C001 Federal Permit No. KS0119695
The proposed action is to reissue an existing NPDES permit for an existing facility for 6,500 head (6,500 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
Evans Cattle, Inc. – West Lot Brent Evans 4485 CR I Gove, KS 67736	SW/4 of Section 30 T14S, R28W & SE/4 of Section 25 T14S, R29W Gove County	Smoky Hill River Basin
Kansas Permit No. A-SHGO-B033
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
Rokey Farms, LLC Todd Rokey 2003 200th Rd. Sabetha, KS 66534	SW/4 of Section 29 T01S, R14E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S007
The proposed action is to reissue an existing state permit for an existing facility for 2,150 head (860 animal units) of swine weighing greater than 55 pounds, and 1,200 head (120 animal units) of swine weighing 55 pounds or less; for a total of 980 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
Bracken-Cline Farm 8603 500 Rd. Neodesha, KS 66757	NE/4 of Section 13 T30S, R14E Wilson County	Verdigris River Basin
Kansas Permit No. A-VEWL-H002 Federal Permit No. KS0091456
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,000 head (2,400 animal units) of swine weighing greater than 55 pounds and 1,880 head (188 animal units) of swine weighing 55 pounds or less; for a total of 2,588 animal units of swine The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitations for three 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-AG-R-22-013

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility:

Name and Address of Registrant	Legal Description	County
Meiwes Farm Seth Meiwes 3670 S. Dakota Rd. Moran, KS 66755	SW/4 of Section 03 T24S, R20E	Allen

Public Notice No. KS-Q-22-079/087

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
Pratt, City of - Wastewater Treatment Facility PO Box 807 Pratt, KS 67124	South Fork Ninnescah River	Treated Domestic Wastewater
Kansas Permit No. M-AR73-OO01 Federal Permit No. KS0049751
Legal Description: SW1/4, SW1/4, NW1/4 and N1/2, NW1/4, SW1/4 of Section 2, Township 28S, Range 13W, Pratt County, Kansas
Facility Location: 680 Country Club Rd., Pratt, KS 67124
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: lift station, mechanical bar screen, grit removal, primary clarification, two basin sequencing batch reactors, UV disinfection, aerobic sludge digestion, sludge belt filter press, extraneous flow basin. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli, as well as monitoring for Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Total Phosphorus, and Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Kingman, City of - Wastewater Treatment Facility PO Box 168 Kingman, KS 67068	South Fork Ninnescah River	Treated Domestic Wastewater
Kansas Permit No. M-AR52-OO02 Federal Permit No. KS0095982
Legal Description: S1/2, NE1/4, Section 5, Township 28S, Range 7W, Kingman County, Kansas
Facility Location: 540 S. Pine Dr., Kingman, KS 67068
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: headworks building, activated sludge aeration basin, clarifiers (2), sludge holding basin, sludge de-watering (belt filter press, and UV disinfection. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli, as well as monitoring for Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Total Phosphorus, and Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Haysville, City of PO Box 404 Haysville, KS 67060	Cowskin Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR43-OO04 Federal Permit No. KS0090921
Legal Description: SW¼, SW¼, NE¼, Section 5, Township 29S, Range 1E and SE¼, SE¼, NW¼, Section 5, Township 29S, Range 1E, Sedgwick County, Kansas
Facility Location: 482 S. Jane, Haysville, KS 67060
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: mechanical bar screen, emergency bar screen, two-unit vortex grit removal chambers with classifier, extended aeration oxidation ditch, denitrification chamber, two clarifiers, UV disinfection, cascade aeration, two unit aerobic sludge digestion, and rotary sludge press. Located off-site is a pump station, land application of sludge, and sand drying beds. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Chronic Whole Effluent Toxicity, and Total Phosphorus, as well as monitoring for Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Ellinwood, City of - Wastewater Treatment Facility 104 E. 2nd Ellinwood, KS 67526	Arkansas River	Treated Domestic Wastewater
Kansas Permit No. M-AR32-OO02 Federal Permit No. KS0090999
Legal Description: NE¼, SE¼, ¼, Section 6, Township 20S, Range 11W, Barton County, Kansas
Facility Location: 1059 SE 15 Rd., Ellinwood, KS 67526
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical treatment plant consisting of a bar screen, grit chamber, two sequencing batch reactors, equalization basin, UV disinfection unit, aerated sludge holding tank, and sludge belt filter press. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli, as well as monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Selenium, and Sulfates.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Buhler, City of PO Box 187 Buhler, KS 67522	Little Arkansas River	Treated Domestic Wastewater
Kansas Permit No. M-LA01-OO01 Federal Permit No. KS0027553
Legal Description: NW¼, SE¼, NW¼, Section 21, Township 22S, Range 4W, Reno County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical treatment plant consisting of bar screens, fine screen with washer and compactor, raw sewage pumps, oxidation ditch, two final clarifiers and UV disinfection. Sludge is held in an aerated digester for land application. Biosolids are dewatered on a belt filter press and stored on a concrete pad. Sludge drying beds are also available. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli, as well as monitoring limits for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Chlorides, Selenium, and Arsenic. A Total Maximum Daily Load for total phosphorus has been adopted in the Kansas Surface Water Quality Standards including a Waste Load Allocation for the Buhler Municipal Treatment Plant. The total phosphorus annual average mass loading Final Limit is imposed through the special conditions and following schedule of compliance of this permit.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cheney, City of - Wastewater Treatment Facility 131 N. Main St. Cheney, KS 67025	North Fork of Ninnescah River	Treated Domestic Wastewater
Kansas Permit No. M-AR20-OO02 Federal Permit No. KS0094226
Legal Description: SW¼, NE¼, Section 9, Township 28S, Range 4W, Sedgwick County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell discharging wastewater stabilization lagoon system with a minimum of 120 days detention time. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia, as well as monitoring for pH and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Haven, City of PO Box 356 Haven, KS 67543	Gar Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR41-OO01 Federal Permit No. KS0116815
Legal Description: E½, SE¼, Section 4, Township 25S, Range 4W, Reno County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia, as well as monitoring for pH, E. coli, Chlorides, and Total Phosphorus. 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.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Sedgwick, City of - Wastewater Treatment Facility PO Box 131 Sedgwick, KS 67135	Little Arkansas River via Sand Creek	Treated Domestic Wastewater
Kansas Permit No. M-LA15-OO02 Federal Permit No. KS0081108
Legal Description: SE¼, SW¼, SW¼, Section 27, Township 24S, Range 1W, Harvey County, Kansas
Facility Location: 1900 N. Washington, Sedgwick, KS 67135
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical treatment plant consisting of: fine screen washer/compactor, oxidation ditch, final clarifiers (2 – 1 covered), UV disinfection, effluent polishing lagoon, aerated sludge storage tank, and liquid sludge disposal. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli, as well as monitoring for Dissolved Oxygen, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Maize, City of - Wastewater Treatment Facility PO Box # 245 Maize, KS 67101	Big Slough Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR58-OO02 Federal Permit No. KS0092258
Legal Description: NW¼, SW¼, SW¼, Section 17, Township 26S, Range 1W, Sedgwick County, Kansas
Facility Location: 5600 N. Maize Rd., Maize, KS 67101
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical treatment plant consisting of: bar screen, lift station, headworks building, rotating belt filter, common wall extended aeration activated sludge system (AeroMod) (2), aerobic sludge digestion, sludge loadout, and UV disinfection facility. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli, as well as monitoring for Nitrates + Nitrites, 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 October 15, 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-22-233/242, KS-Q-22-079/087, KS-AG-R-22-013) 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 Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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 on the Internet 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

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