Volume 43 - Issue 21 - May 23, 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-24-136/144

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Poky Feeders, Inc. Joe Morgan 600 E. Road 30 Scott City, KS 67871	SW/4 of Section 08 & SW/4 of Section 17 & S/2 of Section 18 & E/2 of Section 19 & SW/4 of Section 20 T20S, R32W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C017 Federal Permit No. KS0086576
The proposed action is to modify and reissue an existing NPDES permit for an expanding facility for 102,670 head (102,670 animal units) of beef cattle weighing more than 700 pounds, 6,500 head (650 animal units) of swine weighing 55 pounds or less, and 4,615 head (1,846 animal units) of swine weighing more than 55 pounds, for a total of 105,166 animal units. This permit is being modified to add 8.8 acres of controlled drainage area. There is no change in the 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
Southwest Cattle, LLC 960 CR 50 Sublette, KS 67877	E/2 & NW/4 of Section 28 T27S, R33W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C001 Federal Permit No. KS0099465
The proposed action is to modify and reissue an existing State/NPDES permit for an expanding facility for 20,000 head (20,000 animal units) of cattle weighing more than 700 pounds, and 52,500 head (26,250 animal units) of cattle weighing less than 700 pounds; for a total of 46,250 animal units. This permit is being modified for re-approval of construction of open lot pens in the and for additional calf pens with barns. There is no change in the 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
Enneking Dairy, Inc. - South David and Ilene Enneking 1155 K Rd. Centralia, KS 66415	N/2 of Section 10 & NW/4 of Section 11 T04S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M013
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 150 head (75 animal units) of cattle weighing less than 700 pounds, and 400 head (560 animal units) of mature dairy cows; for a total of 635 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified for the extension of an existing freestall barn and the modification of grass buffer areas. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Rottinghaus Holstein Farm, Inc. David Rottinghaus 2161 L Rd. Seneca, KS 66538	SW/4 of Section 14 & SE/4 of Section 15 T02S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M015
The proposed action is to modify and reissue an existing state permit for an expanding facility for 109 head (109 animal units) of cattle weighing less than 700 pounds, 240 head (240 animal units) of cattle weighing greater than 700 pounds, and 550 head (770 animal units) of mature dairy cows for a total animal unit count of 999. This permit is being modified to permit previously done construction as well as propose the construction of an additional retention control structure. There is no change in the permitted number of animal units from the previous permit.
Name and Address of Applicant	Legal Description	Receiving Water
Claude Durler 11282 117 Rd. Dodge City, KS 67801	SW/4 of Section 01 T27S, R24W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-B013
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle weighing greater 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
High Plains Ranch, LLC - East 859 WW Rd. Copeland, KS 67837	SW/4 of Section 10 T28S, R31W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C012 Federal Permit No. KS0096971
The proposed action is to modify the current NPDES permit and Nutrient Management Plan (NMP) for an existing facility for 4,999 head (4,999 animal units) of cattle weighing more than 700 pounds. The proposed modification is to change the Land Application portion of the permit to all export. There are no other changes to the permit or NMP. Only the portions of the permit and NMP being modified are subject to comment.
Name and Address of Applicant	Legal Description	Receiving Water
Deines Farms, Inc. – South Terry Deines 2023 350th Rd. Ramona, KS 67475	NW/4 of Section 17 T17S, R04E Marion County	Smoky Hill River Basin
Kansas Permit No. A-SHMN-B004
The proposed action is to reissue an existing state permit for an existing facility for 550 head (550 animal units) of cattle weighing greater than 700 pounds and 449 head (224.5 animal units) of cattle weighing 700 pounds or less for a total of 774.5 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
Flory Dairy Farm, LLC Randy Flory 638 E. 626 Rd. Lawrence, KS 66047	SW/4 of Section 14 T14S, R18E Douglas County	Kansas River Basin
Kansas Permit No. A-KSDG-B003
The proposed action is to reissue an existing state permit for an existing facility for 299 head (299 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
Heritage Beef, LLC 1506 Road 30 Sublette, KS 67877	SW/4 & E/2 of Section 08 & W/2 of Section 09 T27S, R32W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C003 Federal Permit No. KS0115033
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 75,000 head (75,000 animal units) of cattle weighing greater than 700 pounds The facility’s NMP was updated to include changes in the application rate limitation for three fields. The fields’ 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.

Public Notice No. KS-AG-R-24-009

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

Name and Address of Registrant	Legal Description	County
Heinen Feeders Todd Heinen 1457 96th Rd. Seneca, KS 66538	SE/4 & SW/4 of Section 32 T03S, R13E	Nemaha

Public Notice No. KS-Q-24-087/095

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
Wellsville, City of 411 Main St. PO Box 455 Wellsville, KS 66092	Walnut Creek	Treated Domestic
Kansas Permit No. M-MC48-OO03 Federal Permit No. KS0097110
Legal Description: NE¼, SE¼, SW¼, Section 28, Township 15S, Range 21E, Franklin County, Kansas
Location: 38.71271, -95.08478
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: Aeromod activated sludge package treatment plant, aerobic digester, UV disinfection, and wet weather peak flow holding basins. The wet weather peak flow holding basins are not permitted to discharge and are designed to recirculate to the head of the plant. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli. The permit contains monitoring for Dissolved Oxygen, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Junction City, City of PO Box 287 Junction City, KS 66441	Smoky Hill River	Treated Domestic
Kansas Permit No. M-SH45-OO02 Federal Permit No. KS0092151
Legal Description: NW¼, NE¼, SW¼, Section 22, Township 12S, Range 5E, Geary County, Kansas
Location: 38.99215, -96.86578
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: Industrial flow equalization, neutralization, and dissolved air flotation (DAF), bar screen, two basin activated sludge oxidation ditch, selector basin, final clarification, chlorination/dechlorination, cascade aeration, and sludge holding tank. The facility is currently undergoing upgrades. The upgraded facility will consist of: Industrial flow equalization, neutralization, and dissolved air flotation (DAF), bar screen, two basin activated sludge oxidation ditch, selector basin, final clarification, aluminum sulfate feed and storage system, chlorination/dechlorination, cascade aeration, sludge holding tank, sludge stabilization tanks (2), aerobic digesters (2), and sludge loadout station. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Chlorides, Oil and Grease, Total Residual Chlorine, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Sulfates, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and total Cyanide.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Lindsborg, City of PO Box 71 Lindsborg, KS 67456	Smoky Hill River	Treated Domestic
Kansas Permit No. M-SH21-OO01 Federal Permit No. KS0022462
Legal Description: SW¼, SW¼, SW¼, Section 16, Township 17S, Range 3W, McPherson County, Kansas
Location: 38.56657, -97.66537
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 a mechanical spiral screen, grit removal, “Orbal” oxidation ditch, Bio-P removal basins, denitrification basins, final sedimentation, expanded sludge digestion/storage basins, belt press sludge dewatering, biosolids storage, UV disinfection, and golf course irrigation. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Gypsum, City of 521 Maple PO Box 313 Gypsum, KS 67448	Gypsum Creek	Treated Domestic
Kansas Permit No. M-SH15-OO02 Federal Permit No. KS0092819
Legal Description: SE¼, SE¼ NE¼, Section 34, Township 15S, Range 1W, Saline County, Kansas
Location: 38.70427, -97.41037
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 detention time at design flow is 133.3 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, and Sulfates.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Plainville, City of 222 W. Mill PO Box 266 Plainville, KS 67663	Paradise Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-SA14-OO02 Federal Permit No. KS0093165
Legal Description: NW¼, NE¼, NW¼, Section 1, Township 10S, Range 18W, Rooks County, Kansas
Location: 39.2181, -99.2833
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. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 203.1 days. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, E. coli, Chlorides, Sulfates, Selenium, and Arsenic.
Name and Address of Applicant	Receiving Stream	Type of Discharge
General Finance Incorporated 767 N. US-281 Hwy. Hoisington, KS 67544	Arkansas River via Cow Creek via Little Cheyenne via Cheyenne Bottoms via Unnamed Tributary via Unnamed Wetland via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-AR45-PO07 Federal Permit No. KS0099279
Legal Description: Section 20, Township 18S, Range 13W, Barton County, Kansas
Location: 38.47068, -98.77959
The proposed action consists of reissuing the above referenced NPDES permit. The primary change to the permit was the elimination of Outfall 001A. The facility is engaged in mining of clay and brick manufacturing. Clay pit de-watering is employed when necessary, to remove rain water, spring water or melted snow from the clay pits and is pumped to settling ponds, before being discharged. Treated stormwater around the clay pits, kiln area and brick stockpiles are also discharged from Outfall 002A. Outfall 001A is no longer active.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Excel Industries, Inc. 200 S. Ridge Rd. Hesston, KS 67062	Hesston MWWTP	Process Wastewater
Kansas Permit No. P-LA07-IO01 Federal Permit No. KSP000046
Legal Description: Harvey County
Location: 38.13566, -97.42509
The proposed action consists of reissuing the above referenced Pretreatment permit. No significant changes were made to the permit. This facility manufactures various types of landscape equipment, including mowers. Steel parts are welded and phosphated using a ten-stage washer, using city water and metal parts painted to produce the final product. Outfall 001 is currently inactive. Outfall 002 consists of wastes from a pit and consists of wastewater from stages 1, 3, 4, 6, 7, 8, and 10. Outfall 003 consists of wastewater collected from Holding tank 1 (H1), which would represent wastes from process tanks 2, 5 and 9, if the holding tank (H1) discharges. Wastes from Outfall 003 can be hauled off-site for treatment and disposal, in lieu of discharging to the city sanitary sewer. A discharge from the RO system is discharged to the city sewer but is not discharged via an Outfall.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of DeSoto PO Box 549 DeSoto, KS 66018	Kansas River via Kill Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-KS12-PO07 Federal Permit No. KS0094536
Legal Description: NW¼ of Section 17, Township 13S, Range 22E, Johnson County, Kansas
Location: 38.92231, -95.00615
The proposed action consists of modifying the above referenced NPDES permit, due to a treatment plant expansion, including the addition of two treatment lagoons. This is a public water treatment plant that treats well water using chlorine, lime and polymers, which is settled in clarifiers. The clarified overflow is filtered, re-chlorinated and then routed to the Clearwell, prior to being sent to the distribution system. About 0.264 MGD of wastewater is generated, 110,000 gallons from the lime softening process, filter to waste (37,000 gpd) and filter backwash from the clarifiers (107,000 gpd), and a discharge from an on-line monitoring equipment is sent to a four-cell lagoon for treatment. This permit contains limits for Total Residual Chlorine, and Total Suspended Solids. The permit contains monitoring for Total Phosphorus, and pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of Lawrence PO Box 708 Lawrence, KS 66044	Kansas River via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-KS31-PO04 Federal Permit No. KS0001601
Legal Description: NW¼ of Section 4, Township 13S, Range 20E, Douglas County, Kansas
Location: 38.95672, -95.20045
The proposed action consists of renewal of an existing Kansas/NPDES Water Pollution Control permit for an existing facility. This is a former Farmland Industries fully integrated nitrogen fertilizer manufacturing facility. All operations ceased in approximately 2002 and all manufacturing equipment and structures have been removed. The City of Lawrence acquired the property in 2010 and platted it as an industrial park. Construction of new City services (water and sewer) are complete. Lot development and new streets accessing the facility are proposed, complete, and/or under various stages of construction. This permit contains limits for pH. The permit contains monitoring for Nitrate, Ammonia, Flow – MGD, and Total Suspended Solids.

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 22, 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-24-136/144, KS-AG-R-24-009, KS-Q-24-087/095) 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. 052149