Volume 43 - Issue 27 - July 4, 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-24-179/184

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Niehues Farms Dennis Niehues 1785 96th Rd. Goff, KS 66428	SE/4 of Section 35 T03S, R13E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S036
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 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
Dunbar Farms, Inc. Ronald Dunbar 3420 Douglas Rd. Richmond, KS 66080	E/2 of Section 33 T18S, R20E Franklin County	Marais des Cygnes River Basin
Kansas Permit No. A-MCFR-B005
The proposed action is to reissue an existing state permit with reapproved planned modifications. These modifications include constructing a 0.55-acre open lot and establishing a grass buffer. This facility will have a maximum capacity of 99 head (49.5 animal units) of cattle weighing 700 pounds or less. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Dwight Yarrow 1435 9th Rd. Clay Center, KS 67432	SW/4 of Section 20 T09S, R03E Clay County	Lower Republican River Basin
Kansas Permit No. A-LRCY-B002
The proposed action is to reissue an existing state permit for an existing facility for 300 head (150 animal units) of cattle 700 pounds or less. 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
Dale Schmitt 100 Circle Dr. Beloit, KS 67420	W/2 of Section 09 T06S, R08W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-B011
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
Evans Cattle, Inc. – East Yard Terri Evans 722 CR 52 Gove, KS 67736	SW/4 of Section 34 T14S, R28W Gove County	Smoky Hill River Basin
Kansas Permit No. A-SHGO-B031
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
Schulze Farms, LLC 7191 Road W6 Norton, KS 67654	NW/4 of Section 11 T02S, R24W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-B012
The proposed action is to reissue an existing state permit for an existing facility for 400 head (200 animal units) of cattle weighing 700 pounds or less. 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.

Public Notice No. KS-AG-R-24-011

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

Name and Address of Registrant	Legal Description	County
Teasley Cattle Company Adrian Teasley PO Box 172 Assaria, KS 67416	NE/4 of Section 34 T15S, R03W	Saline

Public Notice No. KS-Q-24-119/124

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
Arcadia, City of PO Box 8 Arcadia, KS 66711	Cox Creek via Unnamed Tributary	Treated Domestic
Permit No. M-MC03-OO01 Federal Permit No. KK0080683
Legal Description: SW¼, NE¼, NE¼, Section 12, Township 28S, Range 25E, Crawford County, Kansas
Location: 37.62601, -94.62023
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 120 days detention time. The facility receives domestic wastewater from residential areas. 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.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Ogden, City of PO Box C Ogden, KS 66517	Kansas River via Dry Branch Creek	Treated Domestic
Permit No. M-KS51-PP02 Federal Permit No. KS0099635
Legal Description: S½, SE¼, Section 12, Township 11S, Range 6E, Riley County, Kansas
Location: 39.10328, -96.71260
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 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, Total Phosphorus, and Chloride.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wildwood Education Center 7095 W. 399th St. LaCygne, KS 66040	Lake LaCygne	Treated Domestic
Permit No. C-MC18-OO01 Federal Permit No. KS0093513
Legal Description: NE¼, SW¼, NE¼, Section 17, Township 19S, Range 25E, Miami County, Kansas
Location: 38.3996, -94.6653
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 a summer camp. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Miami County Sewer Dist. #2 201 S. Pearl, Suite 201 Paola, KS 66071-1794	Bull Creek via Tenmile Creek via Unnamed Tributary	Treated Domestic
Permit No. M-MC63-OO01 Federal Permit No. KS0095290
Legal Description: NE¼, NE¼, SW¼, Section 23, Township 15S, Range 24E, Miami County, Kansas
Location: 38.73053, -94.71466
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 Septic Tank Effluent Pumping (STEP) sewage collection system, septic tank-recirculating sand filter, and chlorination/dichlorination of effluent. The facility receives domestic wastewater from residential areas. The facility is in the process of being abandoned with all flow being sent to Spring Hill for treatment. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Total Residual Chlorine. This facility is under a consent order to address nutrient exceedances.
Name and Address of Applicant	Receiving Stream	Type of Discharge
APAC – Kansas, Inc. – Shears Division PO Box 1605 Hutchinson, KS 67504	Neosho River via Eagle Creek via Fourmile Creek via Unnamed Tributary	Process Wastewater
Permit No. I-NE33-PO01 Federal Permit No. KS0086657
Legal Description: NE¼ of Section 3 and West ½ of Section 2, Township 21S, Range 13E, Lyon County, Kansas
Location: 38.25234, -95.96022
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit during this permit cycle. This is a limestone quarrying and crushing operation with some washing. However, all wash water is recycled via settling ponds and these ponds do not discharge. Outfalls 001A1, 002A1, 003A1 and 004A1 consist of stormwater runoff only. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of Iola Water Treatment Plant City of Iola Iola, KS 66749	Neosho River via Coon Creek via Unnamed Tributary	Process Wastewater
Permit No. I-NE37-PO04 Federal Permit No. KS0096687
Legal Description: SW¼ of Section 27, Township 24S, Range 18E, Allen County, Kansas
Location: 37.922955, -95.422194
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control permit for an existing facility. This is a potable water treatment plant designed to treat 4.0 MGD of raw water from the Neosho River. Water is treated with alum and polymer in the Desander Clarifier, proceeds to the Ozone Basin, is then followed by lime addition in one of two clarifiers (one is backup), and then goes to the filters. Carbon dioxide is added to pipe between the clarifier and the filters. Water goes from the filters to the Transfer Well, where chlorine, ammonia sulfate, and fluoride are added. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH.

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 August 3, 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-24-179/184, KS-AG-R-24-011, KS-Q-24-119/124) 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. 052264