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Volume 43 - Issue 38 - September 19, 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-24-284/290

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Selzer Dairy, Inc.
Steven Selzer
2827 Frontier Rd.
Canton, KS 67428		 SW/4 of Section 02
T20S, R01W
McPherson County		 Little Arkansas River Basin
Kansas Permit No. A-LAMP-M033
The proposed action is to reissue an existing state permit for an existing facility for 40 head (56 animal units) of mature dairy cows, 9 head (9 animal units) of dairy cattle weighing greater than 700 pounds, 3 head (1.5 animal units) of dairy cattle weighing 700 pounds or less, 3 head (1.2 animal units) of swine weighing greater than 55 pounds, and 10 head (1 animal unit) of swine weighing 55 pounds or less; for a total of 68.7 animal units of livestock. 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
Billips Farms
Lyle Billips
3449 350th Ave.
Hill City, KS 67642		 NE/4 of Section 31
T06S, R21W
Graham County		 Solomon River Basin
Kansas Permit No. A-SOGH-B005
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Leslie Werth
County Line Road 190 and S. County Line Road
Schoenchen, KS 67667		 NW/4 of Section 03
T16S, R19W
Rush County		 Smoky Hill River Basin
Kansas Permit No. A-SHRH-B009
The proposed action is to reissue an existing state permit for an existing facility for 225 head (225 animal units) of cattle weighing greater than 700 pounds and 750 head (375 animal units) of cattle weighing 700 pounds or less, 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
Bernard B. Johnson
E. Hobbs Creek Rd. and S. Hopkins Rd.
Assaria, KS 67416		 SW/4 of Section 20
T16S, R02W
Saline County		 Smoky Hill River Basin
Kansas Permit No. A-SHSA-B008
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
Phillips Family Dairy
George W. Phillips
21763 W4 Rd.
Holton, KS 66436		 SW/4 of Section 15
T07S, R16E
Jackson County		 Kansas River Basin
Kansas Permit No. A-KSJA-M003
The proposed action is to reissue an existing state permit for an existing facility for 50 head (50 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
Ponstein Dairy
Harlan Ponstein
1143 W Hunter Rd.
Long Island, KS 67647		 SW/4 of Section 02
T02S, R20W
Phillips County		 Upper Republican River Basin
Kansas Permit No. A-URPL-M001
The proposed action is to reissue an existing state permit for an existing facility for 70 head (98 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
Urban Farms
Barry Urban
2981 Avenue D
Bison, KS 67520		 SE/4 of Section 17
T16S, R17W
Rush County		 Smoky Hill River Basin
Kansas Permit No. A-SHRH-B008
The proposed action is to reissue an existing state permit for an existing facility for 80 head (80 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 120 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.

Public Notice No. KS-Q-24-182/183

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
Harshman Construction
1648 F P Rd.
Cedar Point, KS 66843		 Marais des Cygnes River
via Pottawatomie Creek		 Process Wastewater
Permit No. I-MC13-PO07
Federal Permit No. KS0099481
Legal Description: NW¼ of Section 7, Township 20S, Range 19E, Anderson County
Location: 38.32915, -95.35795
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 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
Mineral-Right, Inc.
PO Box 427
North Industrial Park
Phillipsburg, KS 67661		 Solomon River
via Deer Creek
via Plotner Creek		 Process Wastewater
Permit No. I-SO31-PO04
Federal Permit No. KS0088277
Legal Description: NE¼ of Section 27, Township 3S, Range 18W, Phillips County
Location: 39.76996, -99.33046
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. This is a zeolite production facility, which is primarily used in the water conditioning industry. This facility usually only operates from May through October of each year. When a discharge occurs, it consists of wash water that has been settled and pH neutralized. This permit contains limits for pH, and Total Suspended Solids. The permit contains monitoring for Flow – MGD, and Chloride.

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 October 19, 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-24-284/290, KS-Q-24-182/183) 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. 052493

Secretary of State Seal