Volume 43 - Issue 6 - February 8, 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-24-020/027

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Rocking Heifer, LLC - Ulysses 439 E. Road 4 Ulysses, KS 67880	S/2 of Section 15 & NW/4 of Section 22 T27S, R37W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-C005 Federal Permit No. KS0093670
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 35,000 head (35,000 animal units) of beef 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 approximately 138 additional acres of open lot pens, drainage channels, sediment basin, and retention control structure to the northeast of the existing facility. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
KRB Pork, Inc. Sheila R. Rogge 1071 4th Rd. Palmer, KS 66962	SE/4 of Section 10 T05S, R02E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-H007 Federal Permit No. KS0094956
The proposed action is to reissue an existing NPDES permit for an existing facility for 8,000 head (3,200 animal units) of swine weighing 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Carroll Shields Farms 2828 300 St. Lincolnville, KS 66858	SW/4 of Section 06 T18S, R05E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-B016
The proposed action is to reissue an existing state permit for an existing facility for 150 head (150 animal units) of cattle more than 700 pounds and 300 head (150 animal units) of cattle 700 pounds or less, for a total of 450 head (300 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Smith Swine Farm, Inc. Max Smith 1228 R Rd. Mankato, KS 66956	SW/4 of Section 01 T03S, R09W Jewell County	Solomon River Basin
Kansas Permit No. A-SOJW-S019
The proposed action is to reissue an existing state permit for 2,150 head (860 animal units) of swine more than 55 pounds, 1,170 head (117 animal units) of swine 55 pounds or less, and 200 head (100 animal units) of cattle 700 pounds or less, for a total of 1,077 animal units of swine and 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
Cordell Brothers, Inc. - CBI Feeders 9025 S. Mission Rd. Sedgwick, KS 67135	E/2 of Section 30 T24S, R01W Harvey County	Little Arkansas River Basin
Kansas Permit No. A-LAHV-B009
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
Midway Feeders, LLC Mike Berkgren PO Box 99 Oakley, KS 67748	SE/4 of Section 29 T10S, R32W Thomas County	Saline River Basin
Kansas Permit No. A-SATH-B002
The proposed action is to reissue the existing state permit for a facility for a proposed maximum capacity of 999 head (999 animal units) of cattle weighing more than 700 pounds. This represents a decrease in the permitted 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
Timberview Farms 1732 208th Rd. Bern, KS 66408	NW/4 of Section 26 T01S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M008
The proposed action is to reissue an existing state permit for an existing facility for 819.5 animal units consisting of 125 head (125 animal units) of cattle weighing greater than 700 pounds, 115 head (57.5 animal units) of cattle weighing 700 pounds or less, and 455 head (637 animal units) of mature dairy cows. 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
Boot Hill Feeders 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
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 17,000 head (17,000 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-Q-24-012/015

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
BNSF Railway Company 4515 Kansas Ave. Kansas City, KS 66106	Kansas River	Process Wastewater
Kansas Permit No. I-KS27-PO02 Federal Permit No. KS0003221
Legal Description: SE¼, Section 20, Township 11 South, Range 25 East, Wyandotte County, Kansas
Facility Location: 39.07917, -94.65619
The proposed action consists of reissuance of an existing Kansas Water Pollution Control/NPDES Permit for an existing facility. This facility services freight trains providing fuel, maintenance, and repairs. Process wastewater and storm water runoff from locomotive maintenance/fueling and staging areas, train staging/classification areas, and main fuel storage tank containment area is collected in the main lift station wet well and pumped to the on-site wastewater treatment plant. The proposed permit contains limits for Oil and Grease, pH, and Total Petroleum Hydrocarbons.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cherokee County RWD No. 4 209 E. 3rd St. Scammon, KS 66773	Shawnee Creek via unnamed tributary via ditch	Process Wastewater
Kansas Permit No. I-NE15-PO03 Federal Permit No. KS0101184
Legal Description: NW¼, NW¼, Section 29, Township 32S, Range 24E, Cherokee County, County
Facility Location: 37.23679, -94.81348
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The water treatment facility includes two parallel treatment trains, which are normally operated one at a time. Groundwater is pumped from an underground aquifer by one of the two wells, based on the 2’-3’ head range of the clear well. The water is pumped to an aerator and flows by gravity to a chlorine contact chamber where chlorine is injected at a rate of 18 pounds per day (ppd). Water then flows into a sand filter. Once water leaves the filter, chlorine is injected at a rate of 5 ppd. Water then flows into the clear well where it is then pumped into the distribution system by the high service pumps. The plant has capacity of 0.17 MGD. The proposed permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hodgdon Power Company, Inc. 2577 Q Ave. Herington, KS 67449	Clarks Creek via Kansas River Bison	Process Wastewater
Kansas Permit No. I-KS30-SO01 Federal Permit No. KS0099732
Legal Description: NW¼, Section 6, Township 16 S, Range 6E, Morris County, Kansas
The proposed action consists of reissuance of an existing National Pollutant Discharge Elimination System (NPDES)/Kansas Water Pollution Control (KWPC) permit for an existing facility. This facility manufactures Pyrodex muzzle loading propellant and other similar pyrotechnic powders. Stormwater runoff flows into a dry drainage ditch in the drainage of Clarks Creek, in the Kansas River Basin. The proposed permit contains generic language to protect waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
BPU – KC Kaw Power Station 2015 Kansas Ave. Kansas City, KS 66105	Kansas River via Kansas River Basin	Process Wastewater
Kansas Permit No. I-KS27-BO01 Federal Permit No. KS0080179
Legal Description: NE¼ of Section 20, Township 11 S, Range 25 E, Wyandotte County, Kansas
Facility Location: 39.08590, -94.6470
The proposed action consists of reissuance of an existing National Pollutant Discharge Elimination System (NPDES)/Kansas Water Pollution Control (KWPC) permit for an existing facility. This facility generates electric power with high pressure steam produced by fossil fuel (natural gas only). The facility consists of: Outfall 001A: River water used for once through condenser cooling; average discharge 14 mgd. Outfall 002A: River water used for once through condenser cooling; average discharge 14.5 mgd. Outfall 003A: Plant process wastewater and yard drains. Treatment through settling tanks and old bottom ash pit. Average discharge 1.05 mgd. Outfall 004A: River water used for intake screen wash; average discharge 0.020 mgd.Outfall 005A: River water used for intake screen de-icing during winter; average discharge 2.5 mgd. Domestic waste and demineralizer regenerate is directed to the municipal sanitary sewer. The proposed permit has a thermal variance in accordance with Section 316(a) of the Clean Water Act. The proposed permit contains limits for Oil and Grease, pH, and Total Suspended Solids and monitoring for Total 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 March 7, 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-24-020/027, KS-Q-24-012/015) 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

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