Volume 43 - Issue 11 - March 14, 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-24-063/070

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Lowe Living Trust - Lowe Farm 3717 Wattles Rd. Prescott, KS 66767	NW/4 of Section 03 T23S, R25E Linn County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-M005
The proposed action is to reissue an existing state permit for an existing facility for 200 head (280 animal units) of mature dairy cattle, 50 head (50 animal units) of cattle weighing more than 700 pounds and 50 head (25 animal units) of cattle weighing 700 pounds or less; for a total permitted capacity of 300 head (355 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
Davidson Family Farm 1335 800 Ave. Hope, KS 67451	SW/4 of Section 30 T15S, R03E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-M013
The proposed action is to reissue an existing state permit for an existing facility for 100 head (140 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
David Hartter Finisher #3 2225 192nd Rd. Sabetha, KS 66534	SE/4 of Section 06 T02S, R14E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S073
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Roger Macke 1970 F Rd. Baileyville, KS 66404	NW/4 of Section 36 T02S, R11E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-B004
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
James Hartter 2492 V Rd. Sabetha, KS 66534	NW/4 of Section 03 T02S, R14E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S023
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 and 20 head (10 animal units) of cattle 700 pounds or less, for a total of 570 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
J-Six Enterprises, LLC - Sequi Site 289 10th Rd. Clyde, KS 66938	SE/4 of Section 08 T04S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-S038
The proposed action is to reissue an existing state permit for an existing facility for 2,490 head (996 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Ryan Georg 1427 Avenue L Hargrave, KS 67556	SW/4 of Section 26 T17S, R20W Rush County	Upper Arkansas River Basin
Kansas Permit No. A-UARH-B017
The proposed action is to reissue an existing state permit for an existing facility for 960 head (960 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
Nelson Circles, Inc. Bo Nelson 1566 210th Ave. Lewis, KS 67552	SW/4 of Section 21 & NW/4 of Section 28 T26S, R17W Edwards County	Lower Arkansas River Basin
Kansas Permit No. A-ARED-C002 Federal Permit No. KS0088251
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,500 head (5,500 animal units) of cattle weighing more than 700 pounds The facility’s NMP was updated to include a change in the application rate limitation for two fields. The fields’ application rate limitations for three fields have 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-24-006

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

Name and Address of Registrant	Legal Description	County
T&M Cattle, Inc. - Home Place 1030 340th St. Hiawatha, KS 66434	NW/4 of Section 03 T01S, R16E	Brown

Public Notice No. KS-Q-24-026/033

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
Beverly, City of PO Box 137 Beverly, KS 67423	Saline River via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-SA01-OO01 Federal Permit No. KS0095141
Legal Description: SW¼, SW¼, NE¼, & NW¼, NW¼, SE¼, Section 15, Township 12S, Range 6W, Lincoln County, Kansas
Facility Location: 39.00907, -97.97469
The proposed action consists of modifying the existing Kansas/NPDES Water Pollution Control permit. 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 permit has limits for Biochemical Oxygen Demand, and Total Suspended Solids; and monitors for pH, Ammonia, E. coli, Chlorides, Sulfates, Selenium, and Lead.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Elmdale, City of PO Box 8 Elmdale, KS 66850		Treated Domestic
Kansas Permit No. M-NE22-NO01 Federal Permit No. KSJ000351
Facility Location: 38.374917, -96.642881
The proposed action consists of modifying the existing Kansas/NPDES Water Pollution Control permit. The existing facility has: Three Cell Wastewater Stabilization Lagoon System Total Surface Area: 2.04 acres Cell 1: 0.88 acres Cell 2: 0.74 acres Cell 3: 0.42 acres Rated Flow: 0.0142 MGD
Name and Address of Applicant	Receiving Stream	Type of Discharge
Delphos, City of PO Box 376 Delphos, KS 67436	Solomon River	Treated Domestic
Kansas Permit No. M-SO11-OO02 Federal Permit No. KS0092169
Legal Description: SE¼, NE¼, NE¼, Section 21, Township 9S, Range 4W, Ottawa County, Kansas
Facility Location: 39.26092, -97.76258
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 areas. The total detention time at design flow is 145 days. The permit has limits for Biochemical Oxygen Demand, and Total Suspended Solids; and monitors for pH, Ammonia, E. coli, Chlorides, Sulfates, Selenium, and Lead.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Lucas, City of PO Box 308 Lucas, KS 67648-0308	Saline River via Wolf Creek	Treated Domestic
Kansas Permit No. M-SA08-OO02 Federal Permit No. KS0095222
Legal Description: SE¼, SW¼, NE¼, Section 34, Township 11S, Range 11W, Russell County, Kansas
Facility Location: 39.05297, -97.52846
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility receives domestic wastewater from residential and commercial areas. The permit has limits for Biochemical Oxygen Demand, and Total Suspended Solids; and monitors for pH, Ammonia, E. coli, Chlorides, Sulfates, and Selenium.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Russell, City of PO Box 112 Russell, KS 67665	Fossil Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-SH31-OO02 Federal Permit No. KS0091367
Legal Description: SE¼, SW¼, NE¼, Section 34, Township 11S, Range 11W, Russell County, Kansas
Facility Location: 38.87457, -98.84148
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a five-cell wastewater stabilization lagoon system with a minimum of 120 days detention time and cascaded aeration of the effluent. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. Reclaimed wastewater is used for grass/cropland irrigation, and also chlorinated and utilized for golf course irrigation. The permit has limits for Biochemical Oxygen Demand, and Total Suspended Solids; and monitors for pH, E. coli, Nitrates, and Nitrites.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Schenck Process Holding North America 810 S. Old Hwy. 75 Sabetha, KS 66534		Process Wastewater
Kansas Permit No. P-KS65-OO02 Federal Permit No. KSP000201
Facility Location: 39.89500, -95.28921
The proposed action consists of modifying and reissuing the above referenced pretreatment permit. The primary change is adding a compliance schedule, which requires the facility to consistently meet pollutant limits in their permit. The facility has decided to install a treatment system so they can consistently meet limits for copper, chromium and zinc. The facility has agreed to the schedule. This facility manufacturers various types of pneumatic material handling equipment made of stainless steel. These metal parts are processed in one of two wash bays, using a conversion coating operation, to prepare the metal for paint or to clean the metal parts. Outfall 001A consists of treated wastewater from a phosphating operation, before it discharges to the city sanitary sewer.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cornejo & Sons, LLC 2060 E. Tulsa St. Wichita, KS 67216	Neosho River via Rock Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-NE25-PO01 Federal Permit No. KS0088889
Legal Description: NW¼ of SE¼ of Section 9 and NW¼ of Section 10, Township 29S, Range 19E, Neosho County, Kansas
Facility Location: 37.53493, -95.32533
The proposed action consists of reissuing the above referenced NPDES permit. Only minor changes were made to the permit. This is a limestone quarrying and crushing operation, with no washing. Outfalls 001A and 002A consists of stormwater runoff. Outfalls 003A, 004A and 005A, consists of pit water that is pumped from settling ponds, before being discharged.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Allen County Commission Director of Public Works 1 N. Washington Iola, KS 66749	Neosho River via Elm Creek via Unnamed Tributary via Roadside Ditch	Process Wastewater
Kansas Permit No. I-NE39-PO01 Federal Permit No. KS0082473
Legal Description: E½ of SE¼, NE¼ of Section 2, Township 25S, Range 19E, Allen County, Kansas
Facility Location: 37.90449, -95.28532
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility is a limestone quarrying and crushing operation with no washing. Outfalls 001 and 002 consists of stormwater runoff and quarry pit water. A Subtitle D landfill is also located on-site but this area is permitted by KDHE’s Bureau of Waste Management under a separate permit.

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 April 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-24-063/070, KS-AG-R-24-006, KS-Q-24-026/033) 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, Kansas 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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