Volume 41 - Issue 42 - October 20, 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-22-265

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
N. Terry Nelson PO Box 8 Long Island, KS 67647	Husky Hogs, L.L.C. 530 W. 1300 Rd. Long Island, KS 67647
Legal Description	Receiving Water
All of Section 34 T01S, R20W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-H007 Federal Permit No. KS0094501
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 6,750 head (2,700 animal units) of swine weighing more than 55 pounds each and 10,240 head (1,024 animal units) of swine weighing less than 55 pounds each. The complete application can be viewed at the office of the Phillips County Clerk, the KDHE Northwest District Office in Hays, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-266/271

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Maple Creek Farms, LLC - Roberts 2 #656 Intersection of Road 1 and Road 3 Leoti, KS 67861	SE/4 of Section 32 T20S, R38W Wichita County	Upper Arkansas River Basin
Kansas Permit No. A-UAWH-H002 Federal Permit No. KS0095079
The proposed action is to modify and reissue the existing State/NPDES permit for a facility with a maximum animal capacity of 21,600 (8,640 animal units) of swine weighing greater than 55 pounds. This facility is being modified for process wastes and wastewaters from the existing farm (20 swine barns) 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 two (2) existing earthen wastewater structures for evaporation. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
2K Feeders, LLC Keith Koehn 12851 NW Shumway Rd. Burns, KS 66840	E/2 of Section 35 T23S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-C009 Federal Permit No. KS0090042
The proposed action is to modify and reissue the existing NPDES permit for a facility for the maximum capacity of 7,500 head (7,500 animal units) of cattle weighing greater than 700 pounds. This permit is being modified to add a commodity storage facility within the existing facility footprint. There is no change in the permitted number of animal units from the previous permit.
Name and Address of Applicant	Legal Description	Receiving Water
Bixenman Brothers 12515 S. Road 50W Grainfield, KS 67737	N/2 of Section 02 T10S, R29W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-C003 Federal Permit No. KS0098035
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,000 head (2,000 animal units) of cattle weighing more 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
J-Six Enterprises, LLC - Limestone Feedlot 19697 T Rd. Soldier, KS 66540	NE/4 of Section 33 T07S, R13E Jackson County	Kansas River Basin
Kansas Permit No. A-KSJA-B011
The proposed action is to reissue an existing state permit for an existing facility for 995 head (995 animal units) of cattle weighing greater than 700 pounds and two (2) head (4 animal units) of horses; for a total of 999 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
Daniel Unruh 136 10th Rd. Burns, KS 66840	SW/4 of Section 36 T22S, R05E Chase County	Neosho River Basin
Kansas Permit No. A-NECS-C003 Federal Permit No. KS0101052
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted 4,000 head (4,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for one field. The field’s application rate limitations became 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.
Name and Address of Applicant	Legal Description	Receiving Water
Perrier Feed Yard - Mulberry Facility 10550 Whirlwind Rd. Dodge City, KS 67801	E/2 of Section 11 T28S, R26W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C013 Federal Permit No. KS0079189
An update to the Nutrient Management Plan (NMP) was received for this existing facility for 2,000 head (2,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in application rate limitations. The rate limitation for one field has 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 portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-092/096

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
Norton, City of 301 E. Washington St. Norton, KS 67654	Prairie Dog Creek	Treated Domestic Wastewater
Kansas Permit No. M-UR16-OO03 Federal Permit No. KS0097730
Legal Description: NW¼, SE¼, SE¼, Section 35, Township 2S, Range 23W of Norton County, KS
Facility Location: 11396 Pound Dr., Norton, KS 67654
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 headworks, BNR Schreiber activated sludge process consisting of two aeration basins and two final clarifiers, two aerated sludge digester, UV disinfection, and effluent cascade aeration. The system also includes sludge thickening and land application equipment. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. 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, Dissolved Oxygen, and Arsenic.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Medicine Lodge, City of 114 W. First St. Medicine Lodge, KS 67104-1305	Elm Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR60-OO02 Federal Permit No. KS0097349
Legal Description: NE¼, SW¼, SW¼, Section 12, Township 32S, Range 12W of Barber County
Facility Location: 700 S. Oak St., Medicine Lodge, KS 67104
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 mechanical bar screen, lift station, aerated grit basin, extended aeration (Aero-Mod) activated sludge process, UV disinfection, aerobic digesting, and sludge belt filter press. The facility receives domestic wastewater from residential and commercial areas. 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, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wichita, City of 455 N. Main St. Wichita, KS 67202	Cowskin Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR94-OO05 Federal Permit No. KS0097489
Legal Description: NE¼, NE¼, NW¼, Section 9, Township 28S, Range 1W of Sedgwick County, KS
Facility Location: Mid-Continent Airport, Cowskin Creek and West Cessna Blvd., Wichita, KS 67209
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 two fine rotary drum screens, two screening washer/compactors, two membrane bioreactor (MBR) activated sludge trains composed of pre-anoxic zone basin, swing zone basin 1, swing basin 2, aerobic zone basin, post-anoxic basin and a membrane tank, ultraviolet disinfection, effluent cascade re-aeration, permeate pumps, mixed liquor recycle pumps, waste activated sludge pumps, emergency generator, aluminum sulfate feed system for phosphorus removal, sodium hypochlorite and citric acid feed systems for MBR maintenance. Additional space and basins exist in the building to install equipment for future trains 3 & 4 to increase the design flow to 6.0 MGD. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Dissolved Oxygen, and Chronic Whole Effluent Toxicity, as well as monitoring for Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Valley Center, City of PO Box # 188 Valley Center, KS 67147	Little Arkansas River	Treated Domestic Wastewater
Kansas Permit No. M-LA16-OO02 Federal Permit No. KS0099074
Legal Description: SW¼, SW¼, SE¼, Section 36, Township 25S, Range 1W of Sedgwick County, KS
Facility Location: 510 S. Sheridan, Valley Center, KS 67147
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 headworks and influent pump station, two chamber fermentation (anaerobic), one selector (anoxic) basin, orbal aeration activated sludge basin, two clarifiers, two aerated sludge holding tanks, UV disinfection of effluent and cascade aeration. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local industries. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, 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
Mid-States Materials PO Box 236 Topeka, KS 66601	Kansas River via Deer Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. I-KS31-PO17 Federal Permit No. KS0089923
Legal Description: Section 22 in Shawnee County and Sections 14, 23 and 26, Township 12S, Range 17E in Douglas County
Facility Location: Latitude: 38.98621 Longitude: -95.50100
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with some rock washing. An asphalt plant is on-site but does not have a discharge, except for stormwater runoff. Outfall 001A consists of treated wash-water, storm water and some stockpile runoff, which is treated by Settling Pond (SP1). The water used in the washing operation is derived from Fresh water ponds (F4, F5, and F6). Outfalls 002A and 013A consist of stormwater runoff from the asphalt plant, which is treated by Fresh water pond (F13). Outfall 003 consists of stormwater discharge from Fresh water pond (F4). Outfalls 004A–012A and 020A are inactive, since this portion of this quarry has been reclaimed. Outfalls 021A-026A consists of mine pit water and stormwater runoff, which includes an area that was recently expanded. The proposed permit contains limits for Total Suspended Solids, as well as generic language to protect the waters of the state.

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 19, 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-22-265/271, KS-Q-22-092/096) 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. 050596