Volume 43 - Issue 18 - May 2, 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-24-108/117

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Wilroads Feed Yard, LLC Travis McGuire 11449 Lariat Way Dodge City, KS 67801	E/2 of Section 08 & W/2 of Section 09 T27S, R24W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C014 Federal Permit No. KS0080373
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 48,000 head (48,000 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is being modified for the addition of 35 acres of pens, closure of three (3) retention structures, construction of one (1) retention structure, and modification of four (4) retention control structures to function as sediment basins. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Wettstein Farms 4598 Road 9 Liberal, KS 67901	NE/4 of Section 10 T34S, R34W Seward County	Cimarron River Basin
Kansas Permit No. A-CISW-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of 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.
Name and Address of Applicant	Legal Description	Receiving Water
Nelson Hog Farms - Grower-Finisher Facility 1399 W. Granite Long Island, KS 67647	SW/4 of Section 33 T01S, R20W & NW/4 of Section 04 T02S, R20W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-S012
The proposed action is to reissue an existing state permit for an existing facility for 1,800 head (180 animal units) of swine 55 pounds or less and 1,200 head (480 animal units) of swine more than 55 pounds, for a total of 660 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Kenny Stroda 177 Oat Rd. Ramona, KS 67475	SE/4 of Section 27 T16S, R03E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B037
The proposed action is to reissue an existing state permit for an existing facility for 599 head (599 animal units) of cattle more than 700 pounds. This is a reduction in 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
Riggin Farm Jack Riggin 2690 BB Ave. Burdick, KS 66838	SW/4 of Section 13 T17S, R05E Morris County	Neosho River Basin
Kansas Permit No. A-NEMR-B008
The proposed action is to reissue an existing state permit for an existing facility for 130 head (130 animal units) of cattle greater than 700 pounds and 130 head (65 animal units) of cattle 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.
Name and Address of Applicant	Legal Description	Receiving Water
Holthaus Brothers, LLC Eugene Holthaus 531 K-9 Hwy. Centralia, KS 66415	SW/4 of Section 02 T04S, R11E Nemaha County	Big Blue River Basin
Kansas Permit No. A-BBNM-B001
The proposed action is to reissue an existing state permit for an existing facility for 90 head (90 animal units) of cattle weighing 700 pounds or greater and 909 head (454.5 animal units) of cattle weighing less than 700 pounds; for a total of 544.5 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
Hiebert Dairy Kevin Hiebert 960 160th Rd. Hillsboro, KS 67063	SE/4 of Section 16 T20S, R02E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-M014
The proposed action is to reissue an existing state permit for an existing facility for 45 head (63 animal units) of mature dairy cattle, 15 head (15 animal units) of dairy cattle greater than 700 pounds, and 20 head (10 animal units) of dairy cattle weighing less than 700 pounds, for a total of 88 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
Neosho Valley Feeders, LLC Nathan Beachner 26059 Victory Rd. Parsons, KS 67357	All of Section 05 & E/2 of Section 06 T31S, R21E Labette County & S/2 of Section 32 T30S, R21E Neosho County	Neosho River Basin
Kansas Permit No. A-NELB-C001 Federal Permit No. KS0041726
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 20,000 head (20,000 animal units) of cattle weighing greater than 700 pounds and 4 head (8 animal units) of horses; for a total of 20,008 animal units. The facility’s NMP was updated to include a change in the application rate limitation for their fields. Three of the field’s application rate limitations 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.
Name and Address of Applicant	Legal Description	Receiving Water
High Choice Feeders I Douglas Claussen 553 W. Road 40 Scott City, KS 67871	W/2 of Section 12 & N/2 & SW/4 of Section 13 T20S, R33W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C012 Federal Permit No. KS0118541
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 30,000 head (30,000 animal units) of beef cattle weighing more than 700 pounds The facility’s NMP was updated to include a change in the application rate limitation for their fields and to add six (6) new land application fields. One of the field’s application rate limitations 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
Condray Farms, Inc. 451 3rd Rd. Clifton, KS 66937	SW/4 of Section 22 T05S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-H008 Federal Permit No. KS0095974
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,000 head (3,200 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitations for five 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.

Public Notice No. KS-Q-24-066/072

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
Astec Industries 1725 Shepard Rd. Chattanooga, TN 37421	Parsons MWWTP	Process Wastewater
Kansas Permit No. P-NE55-OO08 Federal Permit No. KSP000205
Legal Description: Labette County, Kansas
Location: 37.31929, -95.26808
This facility has never had a pretreatment permit in the past. However, a new conversion coating operation was added to an existing facility, so a new permit is being issued. This facility manufactures industrial burners made of steel. The steel is processed in a two-stage phosphating operation, prior to being painted, using city water. Phosphating is considered to be a type of conversion coating operation, which is one of the six core processes under the Metal Finishing Standard. Outfall 001 consists of spent phosphating wastes, which is discharged to the city sewer, after the wastewater is treated and solids are removed.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cross Manufacturing, Inc. PO Box 67 Lewis, KS 67552	Lewis MWWTP	Process Wastewater
Kansas Permit No. P-UA27-OO01 Federal Permit No. KSP000004
Legal Description: Edwards County, Kansas
Location: 37.93928, -99.25075
This permit is being reissued. No significant changes were made to the permit. This facility manufactures hydraulic cylinders. Wastewater from the 3-stage conversion coating (iron phosphating) process, Machine coolants, and parts washer wastewater is sent to an on-site evaporator. If the 3-stage washer would discharge, the wastes would be discharged via Outfall 001. Solid wastes from the evaporation process is sent off-site to an EPA, RCRA site for treatment and disposal. Outfalls 002 and 003 were eliminated several years ago. Therefore, no regulated wastes are normally discharged to the city sanitary sewer system.
Name and Address of Applicant	Receiving Stream	Type of Discharge
N.R. Hamm Quarry, Inc. PO Box 17 Perry, KS 66073	Kansas River via Clinton Lake Wakarusa River via Coon Creek	Process Wastewater
Kansas Permit No. I-KS31-PO10 Federal Permit No. KS0081213
Legal Description: Douglas County, Kansas
Location: 38.95178, -95.40276
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This is a limestone quarrying and crushing operation with no washing. Outfall 001A consists of storm water runoff and quarry pit water.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Lawrence, City of PO Box 708 Lawrence, KS 66044	Kansas River	Treated Domestic
Kansas Permit No. M-KS31-IO01 Federal Permit No. KS0038644
Legal Description: NW¼ Section 32, Township 12S, Range 20E, Douglas County, Kansas
Location: 38.96813, -95.22042
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of mechanical bar screen, aerated grit chamber, primary clarification, complete mix activated sludge basins, final clarification, chlorination, Acti-flo ballasted flocculation with clarification and disinfection of effluent. The facility is currently undergoing upgrades. The upgraded facility will consist of mechanical bar screen, aerated grit chamber, primary clarification, BNR basins, RAS fermenter, final clarification, UV Disinfection, Acti-flo ballasted flocculation with clarification and disinfection of effluent. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. Sludge is digested in anaerobic digesters and dewatered with a belt filter press prior to land application. In addition, effluent from a public water supply lime slurry lagoon is routed to the head of the wastewater treatment plant. This permit contains limits for Carbonaceous Biochemical, Total Suspended Solids, pH, Ammonia, E. coli, Total Residual Chlorine, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Dissolved Oxygen, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Cyanide.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Spring Hill, City of 401 N. Madison Spring Hill, KS 66083-0424	Bull Creek via Ten Mile Creek via Sweet Water Creek	Treated Domestic
Kansas Permit No. M-MC45-OO04 Federal Permit No. KS0095516
Legal Description: NW¼, NW¼, SW¼, Section 25, Township 15S, Range 23E, Miami County, Kansas
Location: 38.71597, -94.81436
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of influent pump station, mechanical bar screen, two Schreiber aeration basins and clarifiers, three aerobic digesters, UV disinfection, cascade reaeration, and a sludge dewatering belt press. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Carbonaceous Biochemical, Total Suspended Solids, pH, Ammonia, E. coli, Dissolved Oxygen, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Cyanide.
Name and Address of Applicant	Receiving Stream	Type of Discharge
General Motors, LLC 3201 Fairfax Trafficway Kansas City, KS 66115	Missouri River via Fairfax Drainage District Storm Sewer	Treated Domestic
Kansas Permit No. I-MO25-CO07 Federal Permit No. KS0085626
Legal Description: Wyandotte County, Kansas
Location: 39.149761, -94.594994
This action consists of renewal of an existing NPDES/Kansas water pollution control permit for an existing facility. This facility is engaged in the final assembly of automobiles and conducts metal parts stamping operations. All domestic and process wastewater is directed to the Fairfax sanitary sewer, which is treated by the Kaw Point Wastewater Treatment Plant. Remaining stormwater discharges to the Missouri River via Outfalls 002 and 003. Outfall 002 is comprised of stormwater from manufacturing support areas, parking lots, roof drains, fuel storage areas, air conditioner condensate, and fire protection system test water. Two stormwater retention ponds, which drain to Outfall 002, collect discharge from storms with flow diverting automatically to the river once the ponds reach capacity. Outfall 003, consisting of stormwater from parking or vegetated areas on the SE portion of the property, flows directly to the Missouri River via the Fairfax Drainage District’s system. The permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Morrison Ventures PO Box 737 Salina, KS 67402	Smoky Hill River via Tributary of West Dry Creek	Treated Domestic
Kansas Permit No. I-SH36-PO01 Federal Permit No. KS0100404
Legal Description: NW¼ Section 19, Township 15S, Range 3W, Saline County, Kansas
Location: 38.73552, -97.70176
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. Groundwater contaminated with carbon tetrachloride and ethylene dibromide is pumped from five recovery wells: RW-1R, RW-2, RW-3, RW-4 and RW-5. Water from the recovery wells is treated using a vortex sand separator (as needed to remove sediment), a low-profile air stripper, a bag filter, and two activated carbon vessels operating in series. Total maximum flow rate to the air stripper is in the range of 75 gpm. This permit contains limits for Tetrachloromethane, pH, and Ethylene Dibromide. The permit contains monitoring for Flow – MGD, Total Phosphorus, Tetrachloromethane, Ethylene Dibromide, Chloroform, Total Phosphorus, and Tetrachloromethane.

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 June 1, 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-24-108/117, KS-Q-24-066/072) 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. 052096