Volume 41 - Issue 41 - October 13, 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-22-258/264

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Maple Creek Farms, LLC - Spradling #658-659 Intersection of Road 5 and Road CC Leoti, KS 67861	SW/4 of Section 23 T20S, R38W Wichita County	Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H008 Federal Permit No. KS0095109
The proposed action is to modify and reissue an existing NPDES permit for a facility for 43,200 head (17,280 animal units) of swine weighing greater than 55 pounds. This facility is being modified for process wastes and wastewaters from the existing two (2) farms (20 swine barns per farm) to be transferred to one (1) new earthen wastewater retention structures that will be utilized as covered anaerobic digesters before wastewater is transferred to the four (4) existing earthen wastewater structures for evaporation. There is no change in the permitted number of animal units from the previous permit.
Name and Address of Applicant	Legal Description	Receiving Water
Fowler Feeders, L.L.C. Rick Blattner 5113 23rd Rd. Fowler, KS 67844	S/2 of Section 27 T30S, R27W Meade County	Cimarron River Basin
Kansas Permit No. A-CIME-C003 Federal Permit No. KS0086142
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 28,000 head (28,000 animal units) of beef cattle each weighing 700 pounds or more. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add a retention structure and approximately 27.5 acres of pens. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Brookover Feedyard - Scott City Ty Brookover 4000 E. Road 200 Scott City, KS 67871	SE/4 of Section 22 & W/2 of Section 23 T17S, R32W Scott County	Smoky Hill River Basin
Kansas Permit No. A-SHSC-C001 Federal Permit No. KS0038016
The proposed action is to modify and reissue an existing NPDES permit for a facility for 26,000 head (26,000 animal units) of cattle weighing more than 700 pounds. This permit is being modified to change the Land Application section to indicate the export of all produced waste. 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
Friona Industries, L.P. Friona Cattle Feeders North #2 1174 Empire Cir. Satanta, KS 67870	All of Section 25 & NE/4 of Section 36 T28S, R34W Haskell County	Cimarron River Basin
Kansas Permit No. A-CIHS-C007 Federal Permit No. KS0088391
The proposed action is to reissue an existing NPDES permit for an existing facility for 87,000 head (87,000 animal units) of beef 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
Darrin Deters 1595 D Rd. Baileyville, KS 66404	NE/4 of Section 21 T03S, R11E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-M031
The proposed action is to reissue an existing state permit for an existing facility for 150 head (210 animal units) of mature dairy cattle, 150 head (150 animal units) of cattle weighing greater than 700 pounds and 150 head (75 animal units) of cattle weighing less than 700 pounds, for a total of 450 head (435 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
Dustin Bemis 1581 170th Ave. Hays, KS 67601	N/2 of Section 20 T13S, R19W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-B011
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
Theron Culwell 185 Road 17 St. Francis, KS 67756	NW/4 of Section 31 T05S, R39W Cheyenne County	Upper Republican River Basin
Kansas Permit No. A-URCN-B005
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.

Public Notice No. KS-AG-R-22-014

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

Name and Address of Registrant	Legal Description	County
Hurla Farms Feedlot Michael Hurla 33809 Paxico Rd. Paxico, KS 66526	NW/4 of Section 23 T11S, R11E	Wabaunsee

Public Notice No. KS-Q-22-091

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
National Cold Storage of KC, Inc. PO Box 72 Bonner Springs, KS 66012	Kansas River via Drainage Ditch	Processed Wastewater
Kansas Permit No. I-KS06-PO02 Federal Permit No. KS0003085
Legal Description: Section 13, Township 12S, Range 22E of Leavenworth County
Facility Location: 12755 Loring Dr., Bonner Springs, KS 66012
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is an underground storage facility located in an old quarry providing refrigerated storage for food products. About 5 gallons per minute of well water is used for evaporative condenser cooling and is discharged as non-contact cooling water to Kansas River, without any treatment (Outfall 001). Approximately 2 gallons per minute of domestic wastes is treated in a two-stage aeration sewage treatment plant (Outfall 002). This domestic waste is chlorinated and de-chlorinated prior to discharging to the Kansas River. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and pH, as well as monitoring for flow and E. coli.

Public Notice No. KS-NQ-22-006

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
Jacam Manufacturing 2013, LLC 1656 Ave. Q Sterling, KS 67579	NE ¼, Section 27, Township 20S, Range 8W Rice County, Kansas	Non-Overflowing
Kansas Permit No. I-AR85-NP01 Federal Permit No. KSJ001008
Facility Name: Jacam Manufacturing 2013, LLC – North Plant
Facility Location: 1656 Ave. Q, Sterling, KS, 67579
The proposed action is to issue a new, non-discharging State/NPDES permit for a new, non-discharging facility. This facility generates a non-contact cooling water from three cooling towers, from three separate buildings on-site. Cooling water in the towers is treated with sodium hypochlorite to limit algae growth. Cooling water from three cooling towers is normally recycled but when emptied for maintenance, the water can be pumped from the three concrete holding basins, to be used to irrigate grassed areas. This only happens every three to five years. The basins near building 1 and 4 holds 11,000 -12,000 gallons and the basin near building 11 can hold up to 24, 000 gallons. When irrigated, the cooling water does not leave the site and does not discharge to an on-site stormwater pond but is only used to irrigate the grass. Domestic wastes generated on-site is directed to the City of Lyons sanitary sewer. The proposed permit contains generic language to protect the waters of the state. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.

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 November 12, 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-22-258/264, KS-AG-R-22-014, KS-Q-22-091, KS-NQ-22-006) 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 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. 050576