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Publications iconKansas Register

Volume 43 - Issue 33 - August 15, 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-24-229/239

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Eagle Ridge
Robert Allen
524 17th Rd.
Haddam, KS 66944
NE/4 of Section 14
T03S, R01E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-H012
Federal Permit No. KS0300008
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for 4,000 head (400 animal units) of swine weighing less than 55 pounds, and 3,000 head (1,200 animal units) of swine weighing more than 55 pounds; for a total of 1,600 animal units. This represents an increase in the permitted 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
Tiffany Cattle Co. – Allen West
Shawn Tiffany
884 Road 350
Allen, KS 66833
SW/4 of Section 09 &
S/2 of Section 08 &
NE/4 of Section 17
T16S, R11E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-C006
Federal Permit No. KS0092177
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 12,600 head (6,300 animal units) of cattle weighing less than 700 pounds for a total maximum capacity of 17,600 head (11,300 animal units) of cattle. 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
Rugan Farms & Feeding, Inc.
Kurt Rugan
425 SW 20 Ave.
Great Bend, KS 67530
NE/4 of Section 24
T20S, R14W
Barton County
Upper Arkansas River Basin
Kansas Permit No. A-UABT-C004
Federal Permit No. KS0117820
The proposed action is to reissue an existing NPDES permit for an existing facility for 7,600 head (7,600 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Saindon Farms
2340 11th Rd.
Zurich, KS 67663
NW/4 of Section 26
T09S, R19W
Rooks County
Solomon River Basin
Kansas Permit No. A-SORO-B011
The proposed action is to reissue an existing state permit for an existing facility for 800 head (400 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.
Name and Address
of Applicant
Legal Description Receiving Water
Sappa Bend Farm, Inc. – Selby Feedlot
3495 Road 66
Brewster, KS 67732
NE/4 of Section 15
T08S, R37W
Sherman County
Upper Republican River Basin
Kansas Permit No. A-URSH-B004
The proposed action is to reissue an existing state permit for an existing facility for 950 head (950 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
Brylin Farms, LLC – East Site
Brice and Lynn Sawin
21st and Liberty
Morrowville, KS 66968
NE/4 of Section 24
T02S, R02E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S057
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
Albers Feedlot
Stan Albers
8104 W. Road 10S
Hoxie, KS 67740
SE/4 of Section 18
T08S, R29W
Sheridan County
Solomon River Basin
Kansas Permit No. A-SOSD-B010
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 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
Double TT Farms
Carlyle W. Toews
1243 Cimarron Rd.
McPherson, KS 67460
NW/4 of Section 31
T20S, R03W
McPherson County
Little Arkansas River Basin
Kansas Permit No. A-LAMP-S032
The proposed action is to reissue an existing state permit for an existing facility for 4,800 head (480 animal units) of swine weighing 55 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
Knudson Hog Farm
Gordon Knudson
1792 150th St.
Hiawatha, KS 66434
NE/4 of Section 11
T04S, R17E
Brown County
Missouri River Basin
Kansas Permit No. A-MOBR-S012
The proposed action is to reissue an existing state permit for an existing facility for 800 head (320 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
Ron Suther
11415 Davis Rd.
Blaine, KS 66549
SE/4 of Section 31
T06S, R09E &
NE/4 of Section 06
T07S, R09E
Pottawatomie County
Big Blue River Basin
Kansas Permit No. A-BBPT-S008
The proposed action is to reissue an existing state permit for an existing facility for 1,550 head (155 animal units) of swine weighing 55 pounds or less and 2 head (4 animal units) of horses, for a total of 159 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
Tiffany Cattle Co. – Allen
3502 Road M
Allen, KS 66833
SW/4 of Section 12 &
NW/4 of Section 13
T16S, R11E
Lyon County
Marais des Cygnes River Basin
Kansas Permit No. A-MCLY-C002
Federal Permit No. KS0115606
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,500 head (1,750 animal units) of beef cattle weighing 700 pounds or less. The facility’s NMP update included the addition of one new land application field and changes in the application rate limitations for their fields. One of the field’s application rate limitations has become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit are subject to comment.

Public Notice No. KS-Q-24-160/163

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
Gary Servaes Enterprises
4756 254th Rd.
Atchison, KS 66002
Missouri River
via Independence Creek
Process Wastewater
Permit No. I-MO01-PO18
Federal Permit No. KS0100561
Legal Description: SW¼ of Section 20, Township 5S, Range 21E, Atchison County, Kansas
Location: 39.60109, -95.09361
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This is an underground limestone quarrying operation with no washing. Outfall 001A consists of stormwater runoff from the stockpile area of crushed rock. This permit contains generic language to protect water quality.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Wilde Tool Company, Inc.
PO Box 30
Hiawatha, KS 66434
Missouri River
via North Fork Wolf River
via Ditch
Process Wastewater
Permit No. I-MO08-CO01
Federal Permit No. KS0081353
Legal Description: NE¼ of Section 30, Township 2S, Range 17E, Brown County, Kansas
Location: 39.85051, -95.54781
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility manufactures hand tools. All domestic and process wastes from a black oxide operation are directed to the city sanitary sewer system. An on-site pond is utilized as holding basin for roof drains, stormwater runoff and non-contact cooling water from two on-site wells. Approximately 12,000 gallons per day of well water is used each day. This non-contact cooling water is recycled and re-used as a supplemental water source to cool air compressors, resistance and induction heaters. No chemical additives are added to the well water. The on-site pond rarely discharges, unless there is a heavy rain. This permit contains generic language to protect water quality.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Evergy, Inc.
818 S. Kansas Ave.
Topeka, KS 66612
Neosho River
via Badger Creek
via Coon Creek
via Unnamed Tributary
Process Wastewater
Permit No. I-NE24-PO08
Federal Permit No. KS0099368
Legal Description: NE¼ Sec. 34, Township 18S, Range 12E, Lyon County, Kansas
Location: 38.44656, -96.06528
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. This is a 600 Megawatt (MW) natural gas simple-cycle combustion turbine electric generating facility which operates intermittently based on power demand within the electrical grid. City water is treated by a mobile filter, a reverse osmosis (RO) unit and a mobile mixed-bed ion-exchange unit. This permit contains limits for Oil and Grease, and pH. The permit contains monitoring for Flow – MGD, and Total Residual Oxidant.
Name and Address
of Applicant
Receiving Stream Type of Discharge
La Cygne, City of
PO Box 600
206 Commercial St.
La Cygne, KS 66040
Marais des Cygnes River
via Unnamed Tributary
Process Wastewater
Permit No. I-MC18-PO08
Federal Permit No. KS0094617
Legal Description: SW¼, Section 33, Township 19S, Range 24E, Linn County, Kansas
Location: 38.34555, -94.76618
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. The raw river water is settled in an earthen lagoon. This NPDES permit is for the discharge of the overflow from the two-cell wastewater lagoon. 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 September 14, 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-24-229/239, KS-Q-24-160/163) 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. 052401