Volume 42 - Issue 10 - March 9, 2023

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-23-052

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

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Jennifer A. 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, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-23-053/056

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Boot Hill Feeders Connie Kuhlman 20041 SW C Rd. Jetmore, KS 67854	S/2 of Section 23 & SE/4 of Section 22 T24S, R25W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C003 Federal Permit No. KS0115347
The proposed action is to reissue an existing NPDES permit for an existing facility for 17,000 head (17,000 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
Matt Henke 1572 County 388 Dr. Osborne, KS 67473	N/2 of Section 28 T07S, R13W Osborne County	Solomon River Basin
Kansas Permit No. A-SOOB-B003
The proposed action is to reissue an existing state permit for an existing facility for 440 head (440 animal units) of cattle weighing more than 700 pounds and 260 head (130 animal units) of cattle weighing less than 700 pounds for a total of 570 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
Southwest Plains Dairy, LLC 12701 SW CR 32 Syracuse, KS 67878	S/2 of Section 02 & SE/4 of Section 03 & E/2 of Section 11 & W/2 of Section 12 T26S, R43W Hamilton County	Cimarron River Basin
Kansas Permit No. A-CIHM-D004 Federal Permit No. KS0095702
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 17,300 head (24,220 animal units) of mature dairy cattle, and 11,000 head (11,000 animal units) of cattle weighing greater than 700 pounds; for a total of 35,220 animal units of cattle. The facility’s NMP update included changes in the application rate limitations for their fields. Ten (10) of the field’s application rate limitations have become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Diamond Cattle Company 735 Ave. X Alden, KS 67512	SW/4 of Section 30 T21S, R09W Rice County	Lower Arkansas River Basin
Kansas Permit No. A-ARRC-C005 Federal Permit No. KS0092746
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 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 limitation 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 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-23-30/34

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
Emporia, City of PO Box 928 Emporia, KS 66801	Cottonwood River	Treated Domestic Wastewater
Kansas Permit No. M-NE24-IO01 Federal Permit No. KS0046728
Legal Description: SE¼, SE¼, NE¼, & NE¼, NE¼, SE¼, Section 22, and SW¼, SW¼, NW¼ & NW¼, NW¼, SW¼, Section 23, Township 19S, Range 11E of Lyon County, Kansas
Facility Location: Latitude: 38.38385, Longitude: -96.17140
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: a lift station, bar screen, grit removal unit, integrated fixed-film activated sludge (IFAS) basins, final clarifiers, WAS/RAS pumping station, internal recycle pump system, chemical storage and feed systems, UV disinfection, effluent lift station, effluent aeration, rotary drum thickener, aerobic digesters, sludge drying beds, peak flow pre-sedimentation basin, and peak flow holding basin. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Total Phosphorus; as well as monitoring for Dissolved Oxygen, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
CX Stone, LLC 29251 Kuenzli Creek Rd. Alma, KS 66401	Kansas River via Mill Creek via Mulberry Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS01-PO02 Federal Permit No. KSJ001012
Legal Description: N 1/2 of Section 14, Township 11S, Range 11E of Wabaunsee County, Kansas
Facility Location: Latitude: 39.02101, Longitude: -96.21074
The proposed action is to issue a new State/NPDES permit for a new facility. This facility mines slab rock used in landscaping and other purposes. Outfalls 001A -012A consists of stormwater runoff, which is treated either by berms and/or a sedimentation pond. 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.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Rock Creek Stone, LLC 434 Road 70 Olpe, KS 66865	Verdigris River via North Branch Verdigris River via Rock Creek	Processed Wastewater
Kansas Permit No. I-VE45-PO02 Federal Permit No. KS0100366
Legal Description: NW 1/4 of Section 34, Township 20S, Range 10E of Lyon County, Kansas
Facility Location: Latitude: 38.27006, Longitude: -96.29764
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility quarries slab rock, which is sold to stone companies, who processes it into a retail product. The rock is used in residential and commercial construction projects. Outfalls 001A – 004A consists of stormwater runoff, which is treated either by berms and/or a sedimentation pond. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Baxter Springs, City of PO Box 557 Baxter Springs, KS 66713	Spring River	Treated Domestic Wastewater
Kansas Permit No. M-NE06-OO01 Federal Permit No. KS0045934
Legal Description: SW¼, Section 6, Township 35S, Range 25E of Cherokee County, Kansas
Facility Location: Latitude: 37.01947, Longitude: -94.71794
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 first two cells are equipped with mechanical aerators. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, Dissolved Oxygen, Total Phosphorus, and Nitrates + Nitrites.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Weir, City of PO Box 78 Weir, KS 66781	Brush Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE67-OO01 Federal Permit No. KS0079146
Legal Description: NE¼, NW¼, SE¼, Section 27, Township 31S, Range 24E of Cherokee County, Kansas
Facility Location: Latitude: 37.31594, Longitude: -94.76575
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system. The detention time at design flow is 87 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, Total Phosphorus, and Sulfate. By July 31, 2023, the facility shall have a KDHE-certified operator to supervise the operation of this facility in compliance with K.S.A. 65-4501 et seq. and K.A.R. 28-16-30 et seq. 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 criteria (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 2/7/2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.3 mg/L for this facility. The EED was completed on February 14, 2023.

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 April 8, 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-23-052/056, KS-Q-23-30/34) 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 Erich Glave, Director, 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
Department of Health and Environment

Doc. No. 050944