Volume 43 - Issue 7 - February 15, 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-24-028/035

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Wickstrum Feeders, LLC Larry and Sharon Wickstrum 12800 K-13 Hwy. Westmoreland, KS 66549	NE/4 of Section 17 T08S, R08E Pottawatomie County	Kansas River Basin
Kansas Permit No. A-KSPT-B010
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 two (2) pack-bed barns that will be fully covered with waste self-contained. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Steven Cox Associates Steven Cox 504 W. 1500 Rd. Long Island, KS 67647	NW/4 of Section 32 T01S, R20W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-H003 Federal Permit No. KS0115746
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,358 head (1,743.2 animal units) of swine more than 55 pounds and 3,880 head (388 animal units) of swine weighing 55 pounds or less, for a total of 2,131.2 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
John E. Yoder 6303 W. Longview Hutchinson, KS 67501	NW/4 of Section 19 T24S, R06W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M008
The proposed action is to reissue an existing state permit for an existing facility for 70 head (98 animal units) of mature 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
John M. Blocker 13310 E. Pleasant Valley Rd. Haven, KS 67543	NE/4 of Section 04 T26S, R04W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-B001
The proposed action is to reissue an existing state permit for an existing facility for 200 head (200 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
Haverkamp Brothers, Inc. - GDU or Gilt Developer 1300 232nd Rd. Bern, KS 66408	SW/4 of Section 06 T01S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S041
The proposed action is to reissue an existing state permit for an existing facility for 2,182 head (872.8 animal units) of swine weighing greater than 55 pounds, and 1,200 head (120 animal units) of swine weighing 55 pounds or less; for a total of 992.8 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
Wetta Farms, LLC 2909 N. 263 West Andale, KS 67001	NE/4 of Section 04 T27S, R03W Sedgwick County	Lower Arkansas River Basin
Kansas Permit No. A-ARSG-S012
The proposed action is to reissue an existing state permit for an existing facility for 1,250 head (500 animal units) of swine weighing greater 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
Bogart Family Farm, Inc. 853 1300 Ave. Abilene, KS 67410	SE/4 of Section 32 T14S, R02E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B033
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 animal units) of cattle weighing greater than 700 pounds, and 398 head (199 animal units) of cattle weighing less than 700 pounds, for a total of 799 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
Conway Farms, LLC Ken Conway 2225 Z Rd. Natoma, KS 67651	NW/4 of Section 10 T10S, R17W Rooks County	Saline River Basin
Kansas Permit No. A-SARO-B001
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of beef 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.

Public Notice No. KS-Q-24-016/017

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
Cherokee Co. RWD No. 3 PO Box 492 Columbus, KS 66725	Spring River via Brush Creek via Bitter Creek Via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-NE06-PO04 Federal Permit No. KS0098558
Legal Description: SW ¼, SW ¼, SE ¼, Section 17, Township 34S, Range 24E, Cherokee County, Kansas
Facility Location: 39.07569, -94.80379
The proposed action consists of reissuance of an existing Kansas Water Pollution Control/NPDES Permit Control for an existing facility. This is a potable water treatment plant treating well water. The raw water is treated routinely with polymer to aid settling and then chlorinated prior to introduction into the distribution system. The plant discharges wastewater to a two-cell lagoon wastewater treatment system capable of parallel or series operation. The two cells have about 0.10 acres surface area and hydraulic capacities of about 67,500 gallons each. Wastewater from the filter backwashing operation, miscellaneous drains, occasional blowdown of the two detention basins, and annual draining and cleaning of the two detention basins (about 25,000 gallons each) is directed to the wastewater lagoon system. The estimated flow of wastewater to the lagoon system is about 0.007 MGD. Domestic wastewater is directed to a septic tank/lateral system. The proposed permit contains limits for TRC, TSS, and pH. The proposed permit monitors for Total Phosphorus, Cadmium, and NO2–NO3 Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Nesika Energy, LLC PO Box 169 Scandia, KS 66966	Republican River via Pipeline	Process Wastewater
Kansas Permit No. I-LR22-PO01 Federal Permit No. KS0096539
Legal Description: SE ¼, Section 20, Township 3S, Range 4W, Republic County, Kansas
Facility Location: 39.78393, -97.79095
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. This facility dry grinds grain which is mixed with recycled process water to form a slurry. The slurry is heated to breakdown the starches to sugars, cooled using multi-media filtered well water and sent to fermentation tanks to manufacture ethanol by natural fermentation, distillation, and a molecular sieve. The resulting products include 25 million gallons/year fuel grade 200 proof denatured ethanol, animal feed, and CO2. The residual mash (stillage) is centrifuged to produce wet distillers grain animal feed to be transported to feedlots. About 145 gpm of well water is chlorinated, filtered through multimedia filters, and stored for distribution to the R.O. system, cooling towers, and process cooling and make-up. A majority of the RO permeate is used for cooling tower make-up water. The remaining R.O. permeate is further treated with a softener and deaerator, for use as boiler feed water. The proposed permit contains limits for Total Residual Chlorine, Total Suspended Solids, Chloride, Sulfate, Total Recoverable Copperand and pH. The proposed permit monitors for Flow, Total Phosphorus, Total Nitrogen, and Wet Chronic IC25.

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 16, 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-24-028/035, KS-Q-24-016/017) 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. 051867