Volume 43 - Issue 24 - June 13, 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-24-155

Applications for New or Expansion of Existing Swine Facilities

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
N. Terry Nelson 1324 W. Granite Long Island, KS 67647	Husky Hogs, LLC 1304 W. Fox Rd. Long Island, KS 67647
Legal Description	Receiving Water
SW/4 of Section 34 T01S, R20W & NW/4 of Section 03 T02S, R20W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-H013 Federal Permit No. KS0101389
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 15,000 head (6,000 animal units) of swine weighing more than 55 pounds each, and 20,000 head (2,000 animal units) of swine weighing less than 55 pounds each; for a facility total of 8,000 animal units. The complete application can be viewed at the office of the Phillips County Clerk, the KDHE District Office in Hays, Kansas or the KDHE Main Office in Topeka, KS. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-24-156/166

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Rathmourne Land Company, LLC - Rathmourne Dairy 17505 23 Rd. Cimarron, KS 67835	All of Section 27 & SW/4 of Section 22 T26S, R27W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-D003 Federal Permit No. KS0099325
The proposed action is to modify and reissue the existing State/NPDES permit with the maximum capacity of 48,000 head (53,700 animal units) of cattle, including mature dairy cattle and cattle less than 700 pounds. The total animal units after this and prior approved expansions are complete will be 33,000 head (46,200 animal units) of mature dairy cattle and 15,000 head (7,500 animal units) of cattle weighing less than 700 pounds. The proposed modification is for a Calf Hutch area of about 72 acres is located in the southeast quarter of section 27. The Calf Hutch area is proposed to drain into existing RCS #3 and a new RCS #3B. The dairy facility, when complete, will include: two milking parlors, 143 acres of confinement pens, a commodity storage area, a waste storage pad/compost area, one anaerobic waste retention structure, six wastewater retention structures, and 76.5 acres of access roads and extraneous area.
Name and Address of Applicant	Legal Description	Receiving Water
CP Feeders, LLC 327 CR F Brewster, KS 67732	SW/4 of Section 04 & NW/4 of Section 09 T10S, R36W Thomas County	Saline River Basin
Kansas Permit No. A-SATH-C002 Federal Permit No. KS0093220
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,000 head (5,000 animal units) of cattle weighing more than 700 pounds, and 4 head (8 animal units) of horses; for a total of 5,008 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
L.B. Feeders 9010 Water Mill Rd. Wamego, KS 66547	SW/4 of Section 03 & NW/4 of Section 10 T09S, R10E Pottawatomie County	Kansas River Basin
Kansas Permit No. A-KSPT-B004
The proposed action is to reissue an existing state permit for an existing facility for 700 head (700 animal units) of cattle weighing more than 700 pounds and 250 head (125 animal units) of cattle weighing 700 pounds or less; for a total of 825 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
Randall Yost Farm Randall Yost 413 29th Ave. Moundridge, KS 67107	SE/4 of Section 11 T21S, R01W McPherson County	Little Arkansas River Basin
Kansas Permit No. A-LAMP-S026
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 animal units) of swine weighing greater than 55 pounds and 39 head (39 animal units) of cattle weighing less than 700 pounds; for a total of 999 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
Bar M Bar Ranch, LLC 4780 CR 4600 Cherryvale, KS 67335	NE/4 of Section 26 T32S, R16E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-B001
The proposed action is to reissue an existing state permit for an existing facility for 720 head (360 animal units) of cattle weighing less than 700 pounds and 4 head (8 animal units) of horses; for a total of 368 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
Theodore R. Setzkorn 10137 110 Rd. Dodge City, KS 67801	NE/4 of Section 10 T25S, R25W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-B009
The proposed action is to reissue an existing state permit for an existing facility for 900 head (450 animal units) of cattle weighing less than 700 pounds and 4 head (8 animal units) of horses; for a total of 458 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
Steven and Margo Chartier 1360 Kingfisher Rd. Horton, KS 66439	NW/4 of Section 17 T04S, R17E Brown County	Kansas River Basin
Kansas Permit No. A-KSBR-S026
The proposed action is to reissue an existing state permit for an existing facility for 2499 head (999.6 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
BG Feeders 2910 Tipton Rd. Beloit, KS 67420	SW/4 of Section 20 T07S, R07W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-B001
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
Doll Land & Cattle, Inc. 5830 N. Haflich Rd. Garden City, KS 67846	SW/4 of Section 18 T23S, R29W & NE/4 of Section 24 & SE/4 of Section 13 T23S, R30W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C010 Federal Permit No. KS0117714
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 7,500 head (7,500 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 their fields. The application rate limitations for six 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.
Name and Address of Applicant	Legal Description	Receiving Water
Rio Vista Farms, LLC 9801 W. US-50 Hwy., Road F Coolidge, KS 67836	SE/4 of Section 20 & W/2 of Section 21 T23S, R42W Hamilton County	Upper Arkansas River Basin
Kansas Permit No. A-UAHM-D001 Federal Permit No. KS0093343
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,850 head (9,590 animal units) of mature dairy cows and 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds; for a total of 12,390 animal units of cattle. The facility’s NMP was updated to include a change in the application rate limitation for their fields. The application rate limitation for four 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.
Name and Address of Applicant	Legal Description	Receiving Water
Davis Family Livestock, LLC 1194 Road 250 Lakin, KS 67860	N/2 of Section 02 T23S, R37W Kearny County	Upper Arkansas River Basin
Kansas Permit No. A-UAKE-H001 Federal Permit No. KS0094943
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 16,200 head (6,480 animal units) of swine weighing greater than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitation for their fields. One of the field’s application rate limitation became less restrictive than the previous permit. 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-24-105/115

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
Quenemo, City of 109 E. Maple PO Box 90 Quenemo, KS 66528	Marais des Cygnes River	Treated Domestic
Permit No. M-MC39-OO01 Federal Permit No. KS0046035
Legal Description: SW¼, SE¼, SW¼, Section 10, Township 17S, Range 17E, Osage County, Kansas
Location: 38.58078, -95.52209
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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli. Facility has a schedule of compliance to retain a certified operator.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Osborne, City of 128 N. 1st Osborne, KS 67473	South Fork Solomon River	Treated Domestic
Permit No. M-SO29-OO02 Federal Permit No. KS0092398
Legal Description: SW¼, SW¼, NE¼, Section 20, Township 7S, Range 12W, Osborne County, Kansas
Location: 39.43227, -98.68394
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli. The permit contains monitoring for pH, Ammonia, Nitrates, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Kincaid, City of PO Box 56 Kincaid, KS 66039	North Folk Little Osage River via Unnamed Tributary	Treated Domestic
Permit No. M-MC17-OO01 Federal Permit No. KS0080578
Legal Description: SW¼, Section 31, Township 22S, Range 21E, Anderson County, Kansas
Location: 38.08341, -95.14805
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Fulton, City of 214 W. Osage Fulton, KS 66738	Little Osage River	Treated Domestic
Permit No. M-MC12-OO01 Federal Permit No. KS0081701
Legal Description: NW¼, NW¼, SE¼, Section 25, Township 23S, Range 24E, Bourbon County, Kansas
Location: 38.01534, -94.72227
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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
APA-Kansas, Inc., Kansas City Division PO Box 23910 Overland Park, KS 66223	Blue River via Unnamed Tributary	Process Wastewater
Permit No. I-MO26-PO04 Federal Permit No. KS0083976
Legal Description: SE¼, Section 18, Township 14S, Range 25E, Johnson County, Kansas
Location: 38.82939, -94.67224
The proposed action consists of reissuing the above referenced NPDES permit. Several parameters were removed from the permit at the request of the permittee and since there was a considerable amount of historical data to evaluate. Initially, the permittee was required to monitor for an extensive list of parameters, since it was not known what materials were disposed of in the landfill in the past. The data submitted in discharge monitoring reports has provided a better idea what the pollutants of concern are now. This facility is an active C and D Landfill situated on a 140-acre site. The site consists of a C and D Landfill (82 acres), a composting operation, a roofing and asphalt recycling operation, regional business office, a heavy equipment shop and construction storage yard. Outfall 001 discharges on the east side of the property to a drainage ditch, which runs along the east side of the property in the amount of 0-120 gallons per minute. Outfall 002 is pumped at a rate of 0-120 gallons per minute and discharged to the west property limits from the upper pond. In addition, a gravity fed overflow pipe is also located at Outfall 002. This permit contains limits for Dissolved Oxygen, Total Recoverable Chromium, Total Recoverable Copper, Total Zinc, and pH. The permit contains monitoring for Flow-MGD, Total Kjeldahl Nitrogen, Nitrate, Nitrite, Total Nitrogen, Sulfates and Sulfide.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Sterling, City of 114 N. Broadway Sterling, KS 67579	Arkansas River and Cow Creek via Bull Creek via Silver Lake via 11th Street Ditch	Process Wastewater
Permit No. I-AR85-CO01 Federal Permit No. KS0084905
Legal Description: NW¼ Section 21, Township 21S, Range 8W, Rice County, Kansas
Location: 38.21410, -98.20740
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. This facility is used as a standby electrical generating station used for peaking and emergency power. Power is generated through a combination of seven (7) combustion engines. These engines can run off diesel or natural gas. Municipal water from two public water supply wells is used for non-contact, once-through cooling of the combustion engine air intakes for Engines 1, 2, 5, 6, and 7. This permit contains limits for pH. The permit contains monitoring for Flow, and Total Residual Chlorine.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Spirit Aerosystems Holdings, Inc. PO Box 780008 Wichita, KS 67278	Lower Arkansas River via Unnamed Tributary	Process Wastewater
Permit No. I-AR94-PO20 Federal Permit No. KS0000396
Legal Description: SE¼, Section 11, Township 28S, Range 01E, Sedgwick County, Kansas
Location: 37.62597, -97.28835
The proposed action consists of changes to the facility description and reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. The proposed permit description modifications include elimination of photographic services, elimination of aircraft fueling and deicing, addition of composites to components manufacturing, and elimination of aircraft modification. This facility is engaged in the manufacture of aircraft components and subassembly of certain body structures and components. Manufacturing operations include metal finishing and electroplating (40 CFR Part 433), and composites. Some foundry operations exist but do not generate sources of wastewater. Support operations include automotive and railcar repairs and maintenance, hazardous waste collection and short-term storage, analytical and engineering laboratories, and cafeteria, medical and firefighting services. This permit contains limits for Chronic Whole Effluent Toxicity, Oil and Grease, pH, and Total Suspended Solids. The permit contains monitoring for Chloride, Total Phosphorus, Total Recoverable Metals, Priority Pollutant Scan, and pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of Humboldt 14 Bridge St. Humboldt, KS 66748	Neosho River via City Stormwater Drainage System	Process Wastewater
Permit No. I-NE36-PO08 Federal Permit No. KS0098159
Legal Description: SW¼ of Section 4, Township 26S, Range 18E, Allen County, Kansas
Location: 37.8117, -95.44570
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control permit for an existing facility. This is an existing water treatment plant. Raw river water is treated inside the plant with chlorine dioxide, chlorine and ammonia, before being pumped to storage for distribution. Sodium permanganate is added seasonally to the intake water to control zebra mussels. Waste streams generated from this facility consists of filter back wash and sedimentation basin blowdown water. Residual solids are directed to a two-cell lagoon treatment system. The two cells can be operated in parallel or in series. Discharge from the lagoons (Outfall 001A) is then discharged to the Neosho River via the City’s stormwater drainage system. Estimated flow of the discharge from the lagoon system is 0.0042 MGD. The site has an existing septic system for treatment of bathroom, sink and floor drain waste streams. The discharge from the septic tanks is directed to a lateral field for disposal. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mulberry Limestone Company 1608 W. 4th St. Pittsburg, KS 66762	Neosho River via Limestone Creek	Process Wastewater
Permit No. I-NE12-PO03 Federal Permit No. KS0093084
Legal Description: NW¼, of Section 30, Township 30S, Range 24E, Crawford County, Kansas
Location: 37.40595, -94.82593
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility is engaged in a limestone quarry operation with no washing. Rock is crushed and processed to meet specifications. The Outfall 001A consists of pit de-watering and stormwater run-off. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
McConnell Air Force Base 57830 Pittsburg St., Suite 120 McConnell Air Force Base, KS 67221-3617	McConnell Creek	Process Wastewater
Permit No. F-AR94-PO26 Federal Permit No. KS0200024
Legal Description: NE¼ Section 7, Township 28S, Range 2E, Sedgwick County, Kansas
Location: 37.63181, -97.25151
The proposed action consists of issuance a new Kansas/NPDES Water Pollution Control Permit for an existing facility. To date, this discharge has been permitted under the Airforce permit F-AR94-PO25. This outfall is being separated from the main (individual) NPDES permit for the facility for administrative purposes and being issued a stand-alone permit for this discharge. There is no change in requirements from previous permitting. This is a federally owned air force base. The activities generating wastewater at Outfall 032A consist of facilities for housing, training, and supporting 22nd Air Refueling Wing. Domestic wastes are connected to the city sewer. The following stormwater and wastewater discharges are authorized under this permit. This permit contains limits for Benzene, and pH. The permit contains monitoring for Flow.
Name and Address of Applicant	Receiving Stream	Type of Discharge
El Paso, LLC 1515 Des Prese Rd., Suite 300 St. Louis, MO 63131	Arkansas River via Chisholm Creek via Storm Sewer	Process Wastewater
Permit No. I-AR94-PO78 Federal Permit No. KS0092118
Legal Description: W¼, SE¼, Section 4, Township 27S, Range 1E, Sedgwick County, Kansas
Location: 37.72712, -97.31889
The proposed action consists of modification and renewal of an existing NPDES/Kansas Water Pollution Control (KWPC) Permit for an existing facility. The site is a former petroleum refinery and asphalt blending plant. Refinery operations at the site were discontinued in July 1993 and asphalt operations were discontinued in 2004. KDHE BER manages the site investigation and remediation. In May, 2020, RRM Properties LLC purchased the site and is redeveloping the site as an Industrial District. This permit contains limits for Benzene, TPH LRH, TPH MRH, Oil and Grease, cis-1,2 Dichloroethene, Dichloromethne, Trichloroethylene, Vinyl Chloride, TSS, pH, and TPH HRH. The permit contains monitoring for Flow, Total Phosphorus, VOC Scan – Influent and Effluent, and Rainfall.

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 July 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-24-155/166, KS-Q-24-105/115) 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. 052209