Volume 43 - Issue 5 - February 1, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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-24-013/019

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Dawn R. Pearson 8530 W. 245th St. Osage City, KS 66523	NW/4 of Section 32 T16S, R14E Osage County	Marais Des Cygnes River Basin
Kansas Permit No. A-MCOS-B010
The proposed action is to issue a new state permit for a facility for 970 head (485 animal units) of cattle weighing less than 700 pounds, and 2 head (4 animal units) of horses; for a total of 489 animal units. The facility will consist of 4.5-acres of open lot pens and a waste management system consisting of 7.0-acres of vegetative buffer. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
G&S Feeders Rodger Grizzell PO Box 527 Macksville, KS 67557	E/2 of Section 24 T25S, R16W Edwards County and SW/4 of Section 19 T25S, R15W Stafford County	Lower Arkansas River Basin
Kansas Permit No. A-ARED-C003 Federal Permit No. KS0094919
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 than 700 pounds and 2,000 head (1,000 animal units) of cattle weighing less than 700 pounds for a total maximum capacity of 3,000 animal units of cattle. 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
Sterk Dairy Kent Sterk 470 130th Rd. Newton, KS 67114	SE/4 of Section 34 T20S, R01E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-M023
The proposed action is to reissue an existing state permit for an existing facility for 160 head (224 animal units) of mature dairy cattle, 50 head (50 animal units) of dairy cattle weighing more than 700 pounds and 30 head (15 animal units) of dairy cattle weighing less than 700 pounds for a total maximum capacity of 289 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
Rick Hanschu 133 Quail Rd. Ramona, KS 67475	SE/4 of Section 36 T16S, R03E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B004
The proposed action is to reissue an existing state permit for an existing facility for 700 head (700 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
Schwarz Feedlot, Inc. 1326 CR 37 Menlo, KS 67753	E/2 of Section 36 T08S, R31W Thomas County	Solomon River Basin
Kansas Permit No. A-SOTH-C004 Federal Permit No. KS0081337
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 4,000 head (4,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. Two of the fields 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.
Name and Address of Applicant	Legal Description	Receiving Water
CB Farms Family Partnership - CB Feeders 30142 NE 100th Ave. Preston, KS 67583	SW/4 of Section 10 & E/2 of Section 16 & NW/4 of Section 15 T27S, R11W Pratt County	Lower Arkansas River Basin
Kansas Permit No. A-ARPR-C004 Federal Permit No. KS0097888
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,350 head (3,350 animal units) of cattle weighing more than 700 pounds The facility’s NMP was updated to include a changes in the application rate limitations for their fields. Two of the fields application rate limitation become less restrictive than the previous year. 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
Irsik & Doll Feed Services, Inc. - Turon Feed Yard 16510 S. Sylvia Rd. Turon, KS 67583	SW/4 of Section 15 & W/2 of Section 22 T25S, R10W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-C001 Federal Permit No. KS0085804
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 35,000 head (35,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. One of the fields 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-AG-R-24-004

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

Name and Address of Registrant	Legal Description	County
Ken Crampton 1097 Co Rd W Levant, KS 67743	SE/4 of Section 10 T07S, R35W	Thomas

Public Notice No. KS-Q-24-008/011

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
Wilks Underground Utilities, Inc. 12000 W. K-42 Hwy. Wichita, KS 67227		Treated Domestic
Kansas Permit No. C-AR94-NO17 Federal Permit No. KSJ000216
Legal Description: SW¼, SE¼, NE¼, Section 13, Township 28S, Range 2W, Sedgwick County, Kansas
Facility Location: 37.615122, -97.483324
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is authorized to operate the wastewater treatment facility described herein in accordance with the attached “Standard Conditions for Non-Overflowing Wastewater Treatment Facilities,” dated May 1, 1996, and Supplemental Conditions listed below. Discharge of wastewater from this treatment facility to surface waters of the State of Kansas is prohibited by this permit. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Walnut, City of 210 S. Main St. PO Box 168 Walnut, KS 66780	Neosho River via Rock Creek via Big Walnut Creek via Little Walnut Creek	Treated Domestic
Kansas Permit No. M-NE66-OO01 Federal Permit No. KS0083887
Legal Description: SE¼, SE¼, NE¼, Section 23, Township 28S, Range 21E, Crawford County, Kansas
Facility Location: 37.59541, -95.07168
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 with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 215 days. The permit has limits for BOD, TSS and Ammonia. The proposed permit monitors for pH and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Unified Government of Wyandotte County N. 95th St. and Main St. Kansas City, KS 66118	Missouri River via Conner Creek	Treated Domestic
Kansas Permit No. M-MO25-OO06 Federal Permit No. KS0101516
Legal Description: NW¼, SW¼, SE¼, Section 12, Township 10S, Range 23E, Wyandotte County, Kansas
Facility Location: 39.18994, -94.79811
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 perforated fine screen, grit removal, sequencing batch reactor (SBR) granular activated sludge (GrAS) treatment process, chemical phosphorus feed system, tertiary filtration, UV disinfection, sludge buffer tank, sludge thickener (rotary drum thickener), and sludge pump station. The facility receives domestic wastewater from residential and light commercial areas. The permit has limits for BOD, TSS, Ammonia, E. coli, Dissolved Oxygen and Chronic Whole Effluent Toxicity. The proposed permit monitors for Total Phosphorus, Nitrates + Nitrites, TKN and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Minneapolis, City of 215 N. Rock Minneapolis, KS 67467	Lindsey Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-SO27-OO02 Federal Permit No. KS0086304
Legal Description: NW¼, NW¼, SE¼, Section 7, Township 11S, Range 3W, Ottawa County, Kansas
Facility Location: 39.10975, -97.69444
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 with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The detention time at design flow is 160 days. The permit has limits for BOD, TSS, Ammonia and Zinc. The proposed permit monitors for pH, E. coli, Sulfate, Total Phosphorus, Chloride, Arsenic, Copper, Lead and Chromium.

Public Notice No. KS-EG-23-013

In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address of Applicant

Williams Mid-Continent Fractionation & Storage, LLC 839 Kiowa Rd. McPherson, KS 67460

Permit No. KS-FLPG-004

The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility stores liquified hydrocarbon products such as butane, isobutane, propane, natural gasoline, ethane/propane mix, and mixed natural gas liquids (NGLs) in underground caverns formed by solution mining in the Hutchinson Salt member of the Wellington formation at the CUE facility. Brine ponds within the CUE facility boundary are used to contain and transfer brine throughout the CUE facility and other MCFS facilities in the Conway area.

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 March 2, 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-24-013/019, KS-AG-R-24-004, KS-Q-24-0008/011, KS-EG-24-001) 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 Andrew Bowman 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 Jada Martin 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 Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 051837