Volume 41 - Issue 50 - December 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-22-316

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

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Jennifer Gerety 604 Nemaha St. Seneca, KS 66538	J-Six Enterprises, LLC - Heideman Site 1836 160th Rd. Sabetha, KS 66534
Legal Description	Receiving Water
NW/4 of Section 25 T02S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S070
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 2,400 head (960 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Nemaha County Clerk, the KDHE District Office in Lawrence, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-317/322

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Timberview Farms - Curt’s Feedlot John Strahm 2545 R Rd. Sabetha, KS 66534	SE/4 of Section 35 T01S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-B016
The proposed action is to issue a new state permit for a facility for 600 head (600 animal units) of cattle weighing more than 700 pounds and 399 head (199.5 animal units) of cattle weighing less than 700 pounds for a total proposed capacity of 799.5 animal units. The facility will consist of 11.1 acres of open lot pens and one wastewater retention structure. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Nelson Land & Cattle Company JT Whited 37000 C Rd. Ellis, KS 67637	N/2 of Section 16 T11S, R21W Trego County	Saline River Basin
Kansas Permit No. A-SATR-C001 Federal Permit No. KS0094871
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 5,500 head (5,500 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add 6.6 acres of new open lot pens, a new southeast collection channel, modifications to existing channels and sedimentation basins, and a second cell to the retention control structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Gibson Dairy Rick Gibson 28468 L Rd. Circleville, KS 66416	NW/4 of Section 02 T06S, R14E Jackson County	Kansas River Basin
Kansas Permit No. A-KSJA-M013
The proposed action is to reissue an existing state permit for an existing facility for 90 head (126 animal units) of mature dairy cattle, 55 head (55 animal units) of dairy heifers, and 70 head (35 animal units) of dairy calves, for a total of 216 animal units of dairy cattle. 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
J-Six Enterprises, LLC - East Farm Truck Wash 783 US-36 Hwy. Hiawatha, KS 66434	SE/4 of Section 30 T02S, R16E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-T001
The proposed action is to reissue an existing state permit for a private truck washing facility for livestock transport vehicles. The facility consists of a truck washing building, a truck bake building, a truck service center, a woodchip storage structure, and a 2-cell earthen retention structure. The facility washes an average of 25 to 30 trailers/trucks per week. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Seaboard Foods, LLC - James #259 302 Road M Hugoton, KS 67951	SW/4 of Section 24 T33S, R39W Stevens County	Cimarron River Basin
Kansas Permit No. A-CISV-H005 Federal Permit No. KS0092703
The proposed action is to reissue an existing NPDES permit for an existing facility for 10,800 head (4,320 animal units) of swine weighing more than 55 pounds each. 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
Decatur County Beef, LLC Scott Foote 2361 US-83 Hwy. Oberlin, KS 67749	SE/4 & W/2 of Section 01 and N/2 of Section 12 T02S, R29W Decatur County	Upper Republican River Basin
Kansas Permit No. A-URDC-C002 Federal Permit No. KS0115690
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 60,000 head (60,000 animal units) of beef greater than 700 pounds. The facility’s NMP was updated to include the addition of two new land application fields and updates to the land application rate limitations. The rate limitation for 6 of the fields changed to a less restrictive rate. 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-22-117/119

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
Cottonwood Falls, City of PO Box 487 Cottonwood Falls, KS 66845	Cottonwood River	Treated Domestic Wastewater
Kansas Permit No. M-NE16-OO01 Federal Permit No. KS0089664
Legal Description: SW¼, NE¼, NW¼, Section 28, Township 19S, Range 8E of Chase County, KS
Facility Location: Latitude: 38.37298, Longitude: -96.53384
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a five-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 and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Oswego Water Treatment Plant 1 Water Plant Rd. Oswego, KS 67356	Neosho River via unnamed tributary	Processed Wastewater
Kansas Permit No. I-NE53-OO02 Federal Permit No. KS0200008
Legal Description: NE¼, Section 16, Township 33S, Range 21E of Labette County, KS
Facility Location: Latitude: 37.17515, Longitude: -95.10400
The proposed action is to issue a new State/NPDES permit for an existing facility. This is an existing water treatment plant with a capacity to treat 650 gallons per minute that treats river water. Waste streams generated from this facility consists of wastes from the primary clarifier (4,000 gpd), filter back wash (60,000 gpd), filter to waste (4,000 gpd). Online monitoring wastewater, domestic wastes and wastewater from miscellaneous floor drains are directed to the city sanitary sewer. These wastes are all directed to a one cell lagoon for treatment, before discharging to a ditch, which drains to the Neosho River. The proposed permit contains limits for total residual chlorine, total suspended solids, and pH; as well as monitoring for flow. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this existing facility’s new proposed permit 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.
Name and Address of Applicant	Receiving Stream	Type of Discharge
SCP Shawnee Hills MHP, LLC 4436 Wando Farms Rd. Mount Pleasant, SC 29429	South Branch Shunganunga Creek via unnamed tributary	Domestic Wastewater
Kansas Permit No. C-KS72-OO11 Federal Permit No. KS0119903
Legal Description: NW ¼, SE ¼, SE ¼, Section 34, Township 12S, Range 15E of Shawnee County, KS
Facility Location: Latitude: 38.92381, Longitude: -95.72779
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 an Activated Sludge Package Plant that provides aeration, clarification and sludge digestion prior to a 3-cell aerated lagoon providing extended detention time before discharge. The facility receives domestic wastewater from residential 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.

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 January 14, 2023, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-316/322, KS-Q-22-117/119) 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. 050744