Volume 43 - Issue 8 - February 22, 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-24-036/045

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
HJ Stephens & Sons - Goodland 1751 Road 65 Goodland, KS 67735	NE/4 of Section 23 T08S, R40W Sherman County	Upper Republican River Basin
Kansas Permit No. A-URSH-C003 Federal Permit No. KS0049255
The proposed action is to reissue an existing NPDES permit for an existing facility for 7,500 head (7,500 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
Strawberry Feeders, LLC 970 Heritage Rd. Linn, KS 66953	SE/4 of Section 17 T04S, R02E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-B003
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
Berwick Finisher Josh Hartter 2170 208th Rd. Sabetha, KS 66534	NE/4 of Section 28 T01S, R14E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S057
The proposed action is to reissue an existing state permit for an existing facility for 1,200 head (480 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
J-Six Enterprises, LLC - T Kramer Site 873 T Rd. Goff, KS 66428	NE/4 of Section 30 T04S, R14E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S040
The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 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
J-Six Enterprises, LLC - Boehm Feedlot 1769 Q Rd. Seneca, KS 66538	NE/4 of Section 10 T03S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-B010
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
Robert and James Griffith 1082 216th Rd. Seneca, KS 66538	NE/4 of Section 22 T01S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S060
The proposed action is to reissue an existing state permit for an existing facility for 1680 head of swine (168 animal units) weighing less than 55 pounds, 40 head of cattle (40 animal units) weighing greater than 700 pounds, and 200 head of cattle (100 animal units) weighing less than 700 pounds; for a total of 308 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
Robert and James Griffith 1214 212th Rd. Bern, KS 66408	SW/4 of Section 24 T01S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S051
The proposed action is to reissue an existing state permit for an existing facility for 140 head (56 animal units) of swine more than 55 pounds, 400 head (40 animal units) of swine 55 pounds or less, and 150 head (150 animal units) of cattle 700 pounds or more for a total of 246 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
Vering Land & Pork, Inc. 1325 8th Rd. Marysville, KS 66508	NE/4 of Section 06 T03S, R07E Marshall County	Big Blue River Basin
Kansas Permit No. A-BBMS-S023
The proposed action is to reissue an existing state permit for an existing facility for 1,093 head (437.2 animal units) of swine weighing more than 55 pounds, 760 head (76 animal units) of swine weighing 55 pounds or less, and 80 head (80 animal units) of cattle weighing more than 700 pounds; for a total of 593.2 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
Whiting Farm Hog Unit Larry Amon 202 Superior St. Netawaka, KS 66516	SW/4 of Section 29 T05S, R16E Jackson County	Kansas River Basin
Kansas Permit No. A-KSJA-S018
The proposed action is to reissue an existing state permit for an existing facility for 920 head (368 animal units) of swine more than 55 pounds and 60 head (60 animal units) of beef cattle more than 700 pounds, for a total of 428 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
Perrier Feed Yard - Mulberry 10550 Whirlwind Rd. Dodge City, KS 67801	E/2 of Section 11 T28S, R26W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C013 Federal Permit No. KS0079189
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 2,000 head (2,000 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. The application rate limitation for one field 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-24-018/023

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
Globe Engineering Co., Inc. 1539 S. St. Paul Wichita, KS 67213	Arkansas River via Wichita Municipal Storm Sewer System	Process Wastewater
Kansas Permit No. I-AR94-PO31 Federal Permit No. KS0086703
Legal Description: SE ¼, SW ¼, SE ¼ of Section 25, Township 27S, Range 1W, Sedgwick County, Kansas
Facility Location: 37.66622, -97.37693
The proposed action consists of reissuance of an existing Kansas Water Pollution Control/NPDES Permit Control for an existing facility. This facility manufactures aircraft sheet metal parts. All contact process and domestic wastewater is discharged into the City of Wichita sanitary sewer. Groundwater is pumped from numerous wells on the property and commingled prior to use as once-through, non-contact cooling of various industrial equipment and contact process water (e.g., seam welding equipment, heat treatment vacuum furnace and quench tank cooler). Currently water is pumped from four wells: two remediation wells (RW-1 and RW-2), and two water supply wells (HTW-2013 & RW-4). The proposed permit contains limits for Trichloroethylene. The proposed permit monitors for Volatile Organic Compounds Scan, Total Phosphorus, Total Chloride, and Nitrate.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cawker City, City of PO Box 2 Cawker City, KS 67430	Waconda Lake	Treated Domestic
Kansas Permit No. F-SO08-OO01 Federal Permit No. KS0030465
Legal Description: NE ¼, SE ¼, SE ¼, Section 28, Township 6S, Range 10W, Mitchell County, Kansas
Facility Location: 39.49770, -98.43504
The proposed action consists of re-issuance 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 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 total detention time at design flow is 205 days. The proposed permit contains limits for Biochemical Oxygen, Total Suspended Soilds, and Ammonia. The proposed permit monitors for pH, E. coli, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Franklin County No. 6 4713 Rock Creek Rd. Rantoul, KS 66079	Marais Des Cygnes River	Process Wastewater
Kansas Permit No. I-MC40-PO01 Federal Permit No. KS0101133
Legal Description: NE ¼, SW ¼, Section 22, Township 17S, Range 21E, Franklin County, Kansas
Facility Location: 38.5503, -95.0822
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control permit for an existing facility. This is an existing public water treatment plant which currently operates a 1 MGD water filtration plant. A pre-sedimentation basin near the river provides primary solids removal. The pre-sedimentation basin does not have an overflow or discharge line. Potassium permanganate can be added to the pre-sedimentation basin. Carbon is fed manually for odor issues when needed. Copper Sulfate is added intermittently during the summer for algae control. The water treatment plant consists of polymer addition clarification, filtration, chlorine addition and contact ammonia addition, prior to pumping finished water to the water distribution system. The proposed permit contains limits Total Residual Chlorine, Total Suspended Solids, and pH. The proposed permit monitors for Total Recoverable Copper, and Total Sulfate.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Parker, City of PO Box 137 Parker, KS 66072	North Fork Sugar Creek via Goodrich Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-MC34-OO01 Federal Permit No. KS0080152
Legal Description: NE ¼, NW ¼, NE ¼ Section 8, Township 20S, Range 22E, Linn County, Kansas
Facility Location: 38.33034, -94.99748
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 proposed permit contains limits Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The proposed permit monitors for pH, and E. Coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Dodge City, City of 806 2nd Ave. PO Box 880 Dodge City, KS 67801		Treated Domestic
Kansas Permit No. M-UA11-NO01 Federal Permit No. KSJ000275
Legal Description: E ½, SW ¼ and W ½, SE ¼, Section 23, Township 28S, Range 25W and N ½, Section 26, Township 28S, Range 25W, Ford County, Kansas
Facility Location: 37.59059, -100.02617
The proposed action consists of reissuance of a Kansas Water Pollution Control permit for an existing facility. The existing facility is a non-discharging wastewater treatment facility including three (3) anaerobic cells, three (3) aerated cells, and four (4) facultative cells that provide treatment storage and employs irrigation from the facility to adjacent land. The facility receives domestic and industrial wastewater. The facility has been granted a variance for seepage testing methodology under K.A.R. 28-16-174.
Name and Address of Applicant	Receiving Stream	Type of Discharge
De Soto, City of 35415 W. 79th St. PO Box C De Soto, KS 66018	Kansas River	Treated Domestic
Kansas Permit No. M-KS12-OO03 Federal Permit No. KS0098167
Legal Description: NE ¼, SE ¼, NW ¼, Section 29, Township 12S, Range 22E, Johnson County, Kansas
Facility Location: 38.98162, -94.99375
The proposed action consists of modification of a Kansas Water Pollution Control/NPDES permit for an existing facility for an expanded design flow. The existing permit was issued for a design flow of 1.30 MGD and included technology based effluent limits for Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS) and pH, and water quality based effluent limits for ammonia, E. coli, Whole Effluent Toxicity (WET), and total phosphorus mass loading. Monitoring for nutrients (with concentration goals), priority pollutants, and flow was also required. The proposed permit contains limits Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Whole Effluent Toxicity. The proposed permit monitors for Dissolved Oxygen, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility of increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will no be lowered below the quality necessary to support existing designated uses.

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 23, 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-24-036/045, KS-Q-24-018/023) 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. 051886