Volume 43 - Issue 34 - August 22, 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-24-240/250

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Gilt Development Unit (GDU) N. Terry Nelson 1324 W. Granite Long Island, KS 67647	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
The proposed action is to modify and reissue an existing State/NPDES permit for an expanding facility for 15,000 head (6,000 animal units) of swine weighing greater than 55 pounds, and 20,000 head (2,000 animal units) of swine weighing less than 55 pounds; for a facility total of 8,000 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified for the addition of one (1) farrowing barn and one (1) mortality compost structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
LEI River View, LLC - Livingston Enterprises 2015 27th Rd. Hollenberg, KS 66946	SW/4 of Section 17 T01S, R04E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H009 Federal Permit No. KS0098612
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,697 head (1,878.8 animal units) of swine weighing more than 55 pounds each and 5,516 head (551.6 animal units) of swine weighing less than 55 pounds; for a total of (2,430.4 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
Pakkebier Farms, LLC - Feedlot 22998 Road E9 Lenora, KS 67645	S/2 of Section 30 T04S, R21W Norton County	Solomon River Basin
Kansas Permit No. A-SONT-B003
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. 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
Sundstrom Farms, Inc. 2057 Sandcreek Terr. Ottawa, KS 66067	E/2 of Section 17 T16S, R19E Franklin County	Marais des Cygnes River Basin
Kansas Permit No. A-MCFR-M004
The proposed action is to reissue an existing state permit for an existing facility for 285 head (399 animal units) of mature dairy cows, 101 head (101 animal units) of cattle weighing greater than 700 pounds (dairy heifers), and 200 head (100 animal units) of cattle weighing 700 pounds or less (dairy calves); for a total of 600 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
Melvin Heiman 423 132nd Rd. Baileyville, KS 66404	NW/4 of Section 10 T03S, R11E Nemaha County	Big Blue River Basin
Kansas Permit No. A-BBNM-B003
The proposed action is to reissue an existing state permit for an existing facility for 100 head (100 animal units) of cattle weighing more than 700 pounds and 80 head (40 animal units) of cattle weighing 700 pounds or less, for a total of 140 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
Rodney Strahm 2391 200th Rd. Sabetha, KS 66534	SE/4 of Section 26 T01S, R14E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-B001
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 animal units) of cattle weighing more than 700 pounds and 350 head (140 animal units) of swine weighing more than 55 pounds, for a total of 740 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
Blue Hills Dairy Karen Wallace 2285 County 691 Ave. Tipton, KS 67485	SE/4 of Section 27 T09S, R11W Osborne County	Solomon River Basin
Kansas Permit No. A-SOOB-M002
The proposed action is to reissue an existing state permit for an existing facility for 75 head (105 animal units) of mature dairy cattle. 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
Tilton Feedlot Gene Tilton 12526 E. Road 150 S Quinter, KS 67752	SE/4 of Section 27 & SW/4 of Section 34 T10S, R26W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-B004
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Gary Mattas S. Old US-81 Hwy. Lindsborg, KS 67456	SW/4 of Section 35 T16S, R03W Saline County	Smoky Hill River Basin
Kansas Permit No. A-SHSA-B009
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
Gasper Farms Craig Gasper 526 100th Rd. Tipton, KS 67485	NE/4 of Section 13 T09S, R11W Osborne County	Solomon River Basin
Kansas Permit No. A-SOOB-B010
The proposed action is to reissue an existing state permit for an existing facility for 300 head (150 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
Seaboard Foods, LLC - Dermot Truck Wash 02755 Blvd. Z Rolla, KS 67954	NE/4 of Section 28 T31S, R39W Morton County	Cimarron River Basin
Kansas Permit No. A-CIMT-T001
The proposed action is to reissue an existing state permit for an existing facility for private livestock truck wash facility washing 40 feed trucks and 60 livestock trucks/trailers per week. 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-Q-24-164/170

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.

Location: 39.46024, -95.72556

Name and Address of Applicant	Receiving Stream	Type of Discharge
Marysville, City of 209 N. 8th St. Marysville, KS 66508		Treated Domestic
Permit No. M-BB13-NO01 Federal Permit No. KSJ001023
Legal Description: E½, Section 31, Township 2S, Range 7E, Marshall County, Kansas
Location: 39.83456, -96.68280
The proposed action consists of issuing a new state water pollution control permit. The new facility is a 4 cell non-discharging wastewater stabilization lagoon with a wetland cell. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Leawood, City of 4800 Town Center Dr. Leawood, KS 66211		Treated Domestic
Permit No. M-MO27-SU01 Federal Permit No. KSR410015
Legal Description: Johnson County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Shawnee, City of 11110 Johnson Dr. Shawnee, KS 66203		Treated Domestic
Permit No. M-KS68-SU01 Federal Permit No. KSR410033
Legal Description: Johnson County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Lenexa, City of 17101 W. 87th St. Pkwy. Lenexa, KS 66215		Treated Domestic
Permit No. M-KS34-SU01 Federal Permit No. KSR410016
Legal Description: Johnson County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
APAC – Kansas – Reno Division PO Box 23910 Overland Park, KS 66283	Blue River via Coffee Creek via Drainage Ditch	Process Wastewater
Permit No. I-MO26-PO03 Federal Permit No. KS0081558
Legal Description: NW¼ of Section 24, Township 14S, Range 24E, Johnson County, Kansas
Location: 38.82311, -94.69966
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility is engaged in intermittent limestone quarry operation, concrete recycling and a clean rubble fill for mine reclamation. A portable crusher is moved in and used to crush rock and concrete on an intermittent basis. The facility is set up to wash rock, if needed. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Silverdale Quality Stone 420 Lunger Rd. Augusta, KS 67010	Arkansas River via Grouse Creek via Otter Creek via Unnamed Tributary	Process Wastewater
Permit No. I-AR06-PO09 Federal Permit No. KS0100595
Legal Description: Section 2, Township 35S, Range 5E and Section 3, Township 35S, Range 5E and Section 35, Township 34S, Range 5E, Cowley County, Kansas
Location: 37.03483, -96.85856
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, 002A and 003A consists of stormwater runoff and quarry pit water. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Banner Creek, LLC - Johnsonville Sausage 619 E. 4th St. Holton, KS 66436	Kanas River via Delaware River via Elk Creek via Banner Creek	Process Wastewater
Permit No. I-KS23-PO01 Federal Permit No. KS0003271
Legal Description: Jackson County
The proposed action consists of renewal of an existing National Pollutant Discharge Elimination System (NPDES)/Kansas Water Pollution Control (KWPC) Permit. This facility is engaged in a hog slaughtering operation which processes the carcasses into various prepared meat products. The wastewater generated from slaughtering, deboning, grinding, packaging, and clean-up operations is pre-treated with a rotary drum screen and a grease basin. The pre-treated wastewater commingles with the flow from the grit chamber serving the holding pens washing, the wastewater from the engine room and rest rooms, and stormwater run-off prior to flowing into the wastewater treatment system (WWTS). This permit contains limits for BOD, TSS, Oil & Grease, Escherichia Coil, Ammonia, Total Nitrogen, TMDL Nitrogen, and TMDL Phosphorus. The permit contains monitoring Nitrate, Nitrite, Kjeldahl Nitrogen, and Total Phosphours.

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 21, 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-24-240/250, KS-Q-24-164/170) 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, Kansas 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. 052413