Volume 42 - Issue 50 - December 14, 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-23-351/363

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Dustin Richter Farms, LLC Dustin Richter 15351 Bodaville Rd. Barnes, KS 66933	NW/4 of Section 18 T06S, R05E Riley County	Big Blue River Basin
Kansas Permit No. A-BBRL-B006
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. The facility will consist of open pens and a waste management system consisting of 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
Aust Land & Cattle – Faucett Feedlot Brad Aust 6472 W. 1350 Rd. Centerville, KS 66014	NW/4 of Section 15 T21S, R22E Linn County	Marias des Cygnes River Basin
Kansas Permit No. A-MCLN-B002
The proposed action is to issue a new state permit for a facility for 860 head (430 animal units) of cattle weighing less than 700 pounds. The facility will consist of open lot pens, manure compost area, and feed storage area with approximately 8.7 acres of grass buffer areas. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Southwest Cattle, LLC 960 CR 50 Sublette, KS 67877	NE/4, NW/4 & SE/4 of Section 28 T27S, R33W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C001 Federal Permit No. KS0099465
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 20,000 head (20,000 animal units) of cattle weighing greater than 700 pounds, and 52,500 head (26,250 animal units) of cattle weighing less than 700 pounds. There is no change in animal units from the previous permit. This permit is also being modified to propose the construction of a new commodities area and an additional RS (RS 5) and associated feedlot areas. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Southwest Plains Dairy, L.L.C. 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 modify the current NPDES permit and Nutrient Management Plan (NMP) for an existing facility for a proposed maximum capacity of 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. The proposed modification is to change the Land Application portion of the permit to all export. There are no other changes to the permit or NMP. Only the portions of the permit and NMP being modified 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
Peterson Farms 3056 N. Bluestem Burdick, KS 66838	NW/4 of Section 02 T18S, R05E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-S004
The proposed action is to reissue an existing state permit for an existing facility for 200 head (80 animal units) of swine more than 55 pounds and 200 head (20 animal units) of swine 55 pounds or less, for a total of 100 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
Double B Farms, Inc. Ben Busenitz 542 Mustang Rd. Peabody, KS 66866	SW/4 of Section 08 T22S, R03E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-B008
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
Old Trail Farms 1331 60th Peabody, KS 66866	NW/4 of Section 07 T22S, R03E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-B022
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
Bekemeyer Enterprises, Inc. 1497 17th Rd. Washington, KS 66968	NE/4 of Section 17 T03S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S022
The proposed action is to reissue an existing state permit for an existing facility for 1,400 head (560 animal units) of swine 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Henry Creek Sow Farm - Buffalo Doug Claassen 9459 NW 100th St. Potwin, KS 67123	N/2 of Section 17 T24S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-S045
The proposed action is to reissue an existing state permit for an existing facility for 1,807 head (722.8 animal units) of swine weighing greater than 55 pounds and 2,200 head (220 animal units) of swine weighing less 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Dale Love 14010 W. Lake Cable Rd. Partridge, KS 67566	SW/4 of Section 31 T24S, R07W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-S015
The proposed action is to reissue an existing state permit for an existing facility for 1,000 head (400 animal units) of swine greater than 55 pounds and 1,200 head (120 animal units) of swine 55 pounds or less; for a total of 520 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
Kniebel Farms Chuck Kniebel 2574 T Ave. Herington, KS 67449	SW/4 of Section 07 T16S, R06E Morris County	Kansas River Basin
Kansas Permit No. A-KSMR-B001
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle weighing less 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
Daryl & Craig Deters Dairy 433 K-9 Hwy. Centralia, KS 66415	SW/4 of Section 03 T04S, R11E Nemaha County	Big Blue River Basin
Kansas Permit No. A-BBNM-M013
The proposed action is to reissue an existing state permit for an existing facility for 225 head (315 animal units) of mature dairy cattle, 75 head (75 animal units) of cattle weighing greater than 700 pounds, and 150 head (75 animal units) of cattle weighing 700 pounds or less for a total of 465 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
Brad and Brian Blume 9010 Watermill Rd Wamego, KS 66547	SW/4 of Section 03 T09S, R10E Pottawatomie County	Kansas River Basin
Kansas Permit No. A-KSPT-B008
The proposed action is to reissue an existing state permit for an existing facility for 699 head (699 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.

Public Notice No. KS-AG-R-23-028

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

Name and Address of Registrant	Legal Description	County
Wickstrum Feeders, LLC Larry and Sharon Wickstrum 12800 K-13 Hwy. Westmoreland, KS 66549	NE/4 of Section 17 T08S, R08E	Pottawatomie

Public Notice No. KS-Q-23-225/229

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
Compass Minerals America, Inc. PO Box 498 Lyons, KS 67554	Arkansas River via Cow Creek via Owl Creek	Processed Wastewater
Kansas Permit No. I-AR56-PO01 Federal Permit No. KS0000264
Legal Description: SW¼, Section 10, Township 20S, Range 8W, & NE¼, Section 15, Township 20S, Range 8W, Rice County, Kansas
Facility Location: Latitude: 38.32933, Longitude: -98.19135
This action consists of reissuance of an existing NPDES/Kansas Water Pollution Control (KWPC) permit for an existing facility. The facility produces salt products by solution mining and a vacuum pan evaporation process. Additionally, the facility is remediating historic chloride groundwater contamination through the use of either Class I Disposal Wells, facility use, or, if quality is acceptable, through discharge. The following outfalls are permitted: 001A: Condensate from the salt evaporation and cooling water is discharged to Owl Creek. Average flow is 335 gpm. 003A: Groundwater from the East Water Well and a portion of the Brine Field Interceptor Well is discharged to Owl Creek. Average flow is 290 gpm. The proposed permit contains limits for Chloride, pH, as well as monitoring for Total Phosphorus, Total Recoverable Selenium, Total Recoverable Lead, and Chloride.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Friends University Energy Center 2100 University Wichita, KS 67213	Arkansas River via Storm Sewer Lower Arkansas River Basin	Processed Wastewater
Kansas Permit No. I-AR94-CO47 Federal Permit No. KS0088803
Legal Description: N½ of NW¼, Section 30, Township 27S, Range 1E, Sedgwick County, Kansas
Facility Location: Latitude: 37.67786, Longitude: -97.36663
The proposed action consists of a reissuing an existing NPDES/Kansas Water Pollution Control Permit for an existing facility. This facility is a university which uses well water in a common chilling loop for a 200-ton A/C reciprocating chiller located in the Energy Center and for a 200-ton A/C chiller in Sumpter Hall on campus. At least one chiller is operated during the summer months and approximately 28,800 gallons per day of non-contact cooling water is discharged to a concrete storm sewer, before reaching the receiving steam. A biocide and a sequestering agent may be added to the recycled cooling water, but no chemicals have been used since 2006. The discharge from the Energy Center can be either directed to an on-site injection well (normal operation) or to Outfall 001 (emergency discharge), using a control valve. The facility also has a 300-ton A/C chiller behind the library. The intermittent discharge from the system is directed to the city sanitary sewer and is not regulated by the permit. The proposed permit monitors for Chloride, Phosphorus, Nitrate-Nitrite Nitrogen, Total Residual Oxidant, and flow.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hospitality Real Estate Corporation 435 S. Broadway Wichita, KS 67202	Arkansas River via Storm Sewer Lower Arkansas River Basin	Processed Wastewater
Kansas Permit No. I-AR94-PO08
Legal Description: SE¼, Section 20, Township 27S, Range 1E
Facility Location: Latitude: 37.6813, Longitude: -97.3357
The proposed action consists of a reissuing an existing NPDES/Kansas Water Pollution Control Permit for an existing facility. This is a commercial real estate property which uses on-site well water for non-contact cooling in heat exchangers. The well is located close to the northwest boundary of the Gilbert-Mosley groundwater contamination plum. Chemicals are added to reduce metal precipitates from forming and sodium hypochlorite is periodically injected in the heat exchangers to prevent biofouling. About 1.100 gpd of non-contact cooling water is discharged into the storm sewer system. Domestic waste is discharged into the city sanitary sewer system. The proposed permit monitors for Trichloroethylene, Tetrachloroethylene, Chloride, Phosphorus, and Nitrate-Nitrite Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Norton, City of 301 E. Washington St. Norton, KS 67654	Upper Republican River Basin	Processed Wastewater
Kansas Permit No. I-UR16-PO01 Federal Permit No. KS0098931
Legal Description: SW¼, SE¼, NE¼, Section 3, Township 3S, Range 23E, Norton County, Kansas
Facility Location: Latitude: 39.82140, Longitude: -99.89436
The proposed action consists of reissuing an existing Kansas/NPDES Water Pollution Control permit for an existing wastewater treatment lagoon system at an existing public water supply water treatment plant. This is an existing public water treatment plant producing up to 2 MGD of potable water. The raw water is treated with chlorine dioxide, sulfuric acid, ferric chloride, chlorine, and caustic soda for pH adjustment, and settled, filtered, and then treated with chlorine, ammonia and sodium hydroxide prior to the clearwell and distribution system. Orthophosphate is added after the high service pumps and under normal circumstances should be not present in the plant’s wastewater discharge to the lagoon treatment system. The plant also has the capability to add lime for corrosion control and polymers for enhanced settling. Water Plant Residuals from the clarifiers is routed to one cell of a two-cell lagoon wastewater treatment system. Filter backwash water and filter-to-waste water is routed to the second cell of the two-cell lagoon. The two cells can be operated in series or parallel. The discharge from each cell is combined and routed to Prairie Dog Creek. Domestic wastewater is routed to the city’s sanitary collection system. The NPDES permit is for treatment and discharge of the wastewater from the lagoon treatment system. The design flow from the lagoon is 0.06 MGD. The proposed permit contains limits for Chlorine, Suspended Solids, and pH. The proposed permit monitors for Arsenic, and Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Parsons, City of PO Box 1037 Norton, KS 67357	Neosho River via Labette Creek	Processed Wastewater
Kansas Permit No. I-NE-55-PO55 Federal Permit No. KS0095826
Legal Description: SW¼, NE¼, Section 7, Township 31S, Range 20E, Labette County, Kansas
Facility Location: Latitude: 37.35918, Longitude: -95.26334
The proposed action consists of reissuing the above referenced NPDES permit. Several changes, including sending more wastes to the city sanitary sewer have occurred, since the last permit was issued. Eventually, the city may direct all wastes from the water treatment plant to the city sanitary sewer, which may eliminate the need for this permit. This surface water treatment plan which includes pre-oxidation of iron and manganese with potassium permanganate. Pre-sedimentation, clarification with poly-aluminum chloride, membrane ultra-filtration technology and chlorination is used to treat water from public consumption. Raw water from Labette creek or as an alternate from the Neosho River is pumped into the pre-sedimentation basin (cell #2). From the pre-sedimentation basin flow is sent into the pre-oxidation basin (cell #4) where potassium permanganate is added to oxidize iron and magnesium contaminants. As an alternative, raw water can be sent directly to the pre-oxidation basin. The oxidized water is further treated with caustic soda, chlorine, additional potassium permanganate, and poly-aluminum chloride (PAC) added as a coagulant, prior to settling in a Claricone clarifier. The clarified is sent to the membrane feed tank and then to the ultrafiltration membrane system. The water is chlorinated and sent to the distribution system. This plant has a four-cell lagoon system to treat the various treatment plant waste streams. Clarifier blowdown containing poly-aluminum sludge is normally discharged into the sanitary sewer but can be directed into the water treatment residuals lagoon (cell #1), if the city lift station is out of service. Chlorinated filter backwash water, in the amount of 15,000 gallons per day is pumped into cell #1, then to cell #2 and then to cell #4, where it is blended with raw water, prior to being sent to the headworks of the treatment plant for treatment. Cell #2 can also be used in conjunction with cell #4 for pre-oxidation and/or pre-settling of the raw water. Wastewater from the monthly membrane cleaning (enhanced flux maintenance) and the annual clean-in-Place (CIP) procedure, after pH neutralization and de-chlorination is discharged to the city sewer system in the amount of 7,000 gallons per month. Outfall 001A is normally the discharge from cell #3 but could be the combined discharge from cells #1, #2 and #3, if they discharge and would be sampled at the sampling manhole. All domestic wastes (500 gallon per day) and small amounts of laboratory wastes (2 gallons per minute) and floor drains are also routed to the city sanitary sewer system. The proposed permit contains limits for Chlorine, Suspended Solids, and pH. The proposed permit monitors for 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 January 13, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-351/363, KS-AG-R-23-028, KS-Q-23-225/229) 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 Casey Guccione, 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. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE: 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico: kdhe.feedlots@ks.gov; por teléfono: 785-296-6432. 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. 051