Volume 43 - Issue 44 - October 31, 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-24-342
Application(s) for New or Expansion of Existing Swine Facilities
| Name and Address of Applicant | Owner of Property Where Facility Will Be Located |
| Prairie Valley Farms Theodore Frederick PO Box 208 Hugoton, KS 67951 |
Prairie Valley Farms, LLC PO Box 208 Hugoton, KS 67951 |
| Legal Description | Receiving Water |
| E/2 of Section 28 & W/2 of Section 33 T34S, R40W Morton County |
Cimarron River Basin |
| Kansas Permit No. A-CIMT-H005 Federal Permit No. KS0093181 |
|
| This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 43,200 head (17,280 animal units) of swine weighing greater than 55 pounds each. The complete application can be viewed online at https://www.kdhe.ks.gov/493/Swine-Feedlot-Permit-Applications, at the office of the Morton County Clerk, at the KDHE Southwest District Office in Dodge City, Kansas and the KDHE Central Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice. | |
Public Notice No. KS-AG-24-343/353
Pending Permits for Confined Feeding Facilities
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Ambrosier Ranch Elden Ambrosier 5998 K-383 Hwy. Norton, KS 67654 |
NW/4 of Section 25 T03S, R25W Norton County |
Upper Republican River Basin |
| Kansas Permit No. A-URNT-B004 | ||
| 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 |
| Capron Farms Bennie Capron 3636 SW US-69 Hwy. Columbus, KS 66725 |
SE/4 of Section 36 T33S, R23E Cherokee County |
Neosho River Basin |
| Kansas Permit No. A-NECK-F015 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 25,000 head (450 animal units) of turkeys. This is a decrease in 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 |
| Central Kansas Services Mitzi Suhler 1940 E. US-56 Hwy. Lyons, KS 67554 |
NW/4 of Section 30 T19S, R07W Rice County |
Lower Arkansas River Basin |
| Kansas Permit No. A-ARRC-T001 | ||
| The proposed action is to reissue an existing state permit for a livestock trailer washout facility with an average of 40 washes per week There will be no change in the operation 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 |
| Franke Dairy Curtis Franke 25298 Hospital Dr. Paola, KS 66071 |
SE/4 of Section 09 T16S, R23E Miami County |
Marias des Cygnes River Basin |
| Kansas Permit No. A-MCMI-M009 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 70 head (98 animal units) of mature dairy cattle and 15 head (7.5 animal units) of cattle weighing 700 pounds or less (dairy calves), for a total of 105.5 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 |
| Garden City Truckwash, Inc. 3635 W. Jones Ave. Garden City, KS 67846 |
SE/4 of Section 03 T24S, R33W Finney County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAFI-T001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for washing up to 14 livestock transportation containers per calendar day. 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 |
| HRC Feedyards, LLC - #5 5503 E. Road 120 Scott City, KS 67871 |
W/2 of Section 24 T17S, R32W Scott County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHSC-C012 Federal Permit No. KS0086886 |
||
| The proposed action is to reissue an existing NPDES permit for an existing facility for 25,000 head (25,000 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 |
| Kleysteuber & Gillen, Inc. 13060 S. Road 20 Garden City, KS 67846 |
SE/4 of Section 20 T26S, R31W Finney County |
Upper Arkansas River Basin |
| Kansas Permit No. A-UAFI-B008 | ||
| 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 |
| Nelson Hog Farms, LLC – Site E 1583 Road E9 Almena, KS 67622 |
SW/4 of Section 08 T01S, R21W Norton County |
Upper Republican River Basin |
| Kansas Permit No. A-URNT-H007 Federal Permit No. KS0094901 |
||
| The proposed action is to reissue an existing state permit for an existing facility for 7,680 head (3,072 animal units) of swine weighing 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 |
| Ray Sonderegger 2550 CR 29 Wallace, KS 67761 |
W/2 of Section 34 T11S, R38W Wallace County |
Smoky Hill River Basin |
| Kansas Permit No. A-SHWA-B001 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 85 head (85 animal units) of cattle weighing greater than 700 pounds and 765 head (382.5 animal units) of cattle weighing less than 700 pounds for a total of 850 head (467.5 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 Waste Management Plan on file with KDHE. | ||
| Name and Address of Applicant |
Legal Description | Receiving Water |
| Wintergreen Farms 505 Eagle Rd. Clifton, KS 66937 |
SE/4 of Section 02 T05S, R01E Washington County |
Lower Republican River Basin |
| Kansas Permit No. A-LRWS-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 |
| Yoder Dairy Farm Ray Yoder 10051 Trego Rd. Oswego, KS 67356 |
NW/4 of Section 25 T33S, R20E Labette County |
Neosho River Basin |
| Kansas Permit No. A-NELB-M019 | ||
| The proposed action is to reissue an existing state permit for an existing facility for 12 head (6 animal units) of calves weighing 700 pounds or less, 10 head (10 animal units) of cattle weighing more than 700 pounds, 30 head (42 animal units) of mature dairy cattle, and 9 head (18 animal units) of horses; for a total of 76 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. | ||
Public Notice No. KS-Q-24-224/230
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 |
| Abilene, City of 410 N. Broadway PO Box 519 Abilene, KS 67410 |
Smoky Hill River | Treated Domestic |
| Permit No. M-SH01-OO02 Federal Permit No. KS0098647 |
||
| Legal Description: NE¼, NW¼, NW¼, Section 27, Township 13S, Range 2E, Dickinson County | ||
| Location: 38.89978, -97.20108 | ||
| 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: of a pump station, grit removal, two screening channels, four sequencing batch reactor basins, two aerobic digesters, and UV disinfection of effluent. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Chloride, and Sulfate. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Brookville, City of PO Box 14 Brookville, KS 67425 |
West Spring Creek | Treated Domestic |
| Permit No. M-SA02-OO01 Federal Permit No. KS0096831 |
||
| Legal Description: W½, SW¼, SW¼, Section 3, Township 15S, Range 5W, Saline County | ||
| Location: 38.77065, -97.87229 | ||
| 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. The detention time at the design flow is 152.4 days. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, E. coli, and Total Phosphorus. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| El Paso Merchant Energy-Petroleum Co. 2 N. Nevada Ave. Colorado Springs, CO 80903 |
West Branch of the Walnut River | Process Wastewater |
| Permit No. I-WA09-PO01 Federal Permit No. KS0000205 |
||
| Legal Description: SW¼, Section 26, Township 25S, Range 5E, Burler County | ||
| Location: 37.83975, -96.85848 | ||
| The proposed action consists of renewal of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. This facility is a former petroleum refinery, asphalt blending and terminal operation undergoing closure. Refinery operations at the site were discontinued in 1993 and asphalt operations were discontinued in 2004. Wastewater streams consist of stormwater runoff; contaminated groundwater flow from a spring; groundwater recovered from interceptor trenches and monitoring well development, purging and sampling activities; and equipment rinsate (washwater) from environmental investigation and remediation activities. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Total Petroleum Hydrocarbon, and Benzene. The permit contains monitoring for Flow, Fluoride, Antimony, Arsenic, Chromium, Copper, Lead, Nickel, Zinc, Selenium, Methyl tert-butyl ether, and Phosphorous. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Iola, City of PO Box 308 Iola, KS 66749 |
Neosho River | Treated Domestic |
| Permit No. M-NE37-OO03 Federal Permit No. KS0099414 |
||
| Legal Description: N½, Section 3, Township 25S, Range 18E, Allen County | ||
| Location: 37.90398, -95.41820 | ||
| The proposed action consists of modifying of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a concrete aerated equalization tank, three cell wastewater stabilization lagoon system with a fourth serpentine flow covered polishing cell with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, Nitrates+ Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Oberlin, City of 1 Morgan Dr. Oberlin, KS 67749 |
Sappa Creek | Treated Domestic |
| Permit No. M-UR17-OO02 Federal Permit No. KS0098655 |
||
| Legal Description: SW¼, NE¼, NE¼, Section 12, Township 3S, Range 29W, Decatur County | ||
| Location: 39.81073, -100.51981 | ||
| 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 (The fourth wetland cell was added in 2019 to improve treatment and reduce discharging) 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, E. coli, Total Phosphorus, and Selenium. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia. The ammonia effluent limit was determined on July 3, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.3 mg/L for this facility. Due to anti-backsliding, the variance limits will remain at 5.2 mg/l. | ||
| Name and Address of Applicant |
Receiving Stream | Type of Discharge |
| Prescott, City of PO Box 223 Prescott, KS 66767 |
Little Osage River via Laberdie Creek via East Laberdie Creek via Unnamed Tributary |
Treated Domestic |
| Permit No. M-MC37-OO02 Federal Permit No. KS0095508 |
||
| Legal Description: W½, NW¼, SE¼, Section 7, Township 23S, Range 25E, Linn County | ||
| Location: 38.056824, -94.704012 | ||
| 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 |
| Savonburg, City of 101 S. Walnut St. Savonburg, KS 66772 |
Neosho River via Canville Creek via Unnamed Tributary |
Treated Domestic |
| Permit No. M-NE60-OO01 Federal Permit No. KS0079952 |
||
| Legal Description: S½, NW¼ & N½, SW¼, Section 29, Township 26S, Range 21E, Allen County | ||
| Location: 37.7552, -95.14072 | ||
| 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. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, and E. coli. | ||
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 November 30, 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-24-342, KS-AG-24-343/353, KS-Q-24-224/230) 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.
Notice of Intent to Terminate
Pursuant to the requirements of K.A.R. 28-16-60 and K.A.R 28-16-62, the Kansas Department of Health and Environment (KDHE) hereby provides notice of intent to terminate the following KDHE-issued permits.
| State Permit | Project Name / Facility Name | City | County |
|---|---|---|---|
| S-AR03-0014 | Kanza No. 1 | Andale | Sedgwick |
| S-WA01-0073 | The Cornerstone Seventh Addition | Andover | Butler |
| S-VE04-0014 | Family Dollar Caney | Caney | Montgomery |
| S-AR29-0129 | Spring Ridge 3rd–Phase 2 | Derby | Sedgwick |
| S-KS12-0068 | De Soto Crossing Apartments | DeSoto | Johnson |
| S-NE24-0092 | Fanestil Meats Expansion | Emporia | Lyon |
| S-NE24-0103 | Cottonwood River C102 Streambank Stabilization Project | Emporia | Lyon |
| S-KS17-0051 | Modern Manufacturing | Eudora | Douglas |
| S-NE29-0008 | Galesburg Quarry | Galesburg | Neosho |
| S-UA14-0183 | Garden City Optometrists | Garden City | Finney |
| S-UA14-0140 | Columbus Addition | Garden City | Finney |
| S-KS20-0144 | Symphony Farms V | Garnder | Johnson |
| S-AR37-0007 | St. Andrew’s 3rd Addition | Goddard | Sedgwick |
| S-UR09-0027 | Goodland KS–Temporary Ground Piles | Goodland | Sherman |
| S-SH14-0005 | New Fertilizer Tank and Rail Unload | Grinnell | Gove |
| G-AR43-0001 | Haysville Wastewater Plant | Haysville | Sedgwick |
| G-SH17-0002 | U.S. Stone–Herington Plant | Herington | Morris |
| S-CI07-0035 | Carpenter Substation | Hugoton | Stevens |
| S-AR51-0003 | Crop Nutrient Facility | Iuka | Pratt |
| S-KS27-0217 | Shlitterbahn North Retail | Kansas City | Wyandotte |
| S-KS27-0285 | Turner Middle School | Kansas City | Wyandotte |
| S-NE38-0006 | Glover Real Estate LLC–Carter, Carter LLC | Labette | Labette |
| S-MO12-0200 | Adams Valley Subdivision | Leavenworth | Leavenworth |
| S-MC20-0054 | Heartland RV and Marine Storage | Louisburg | Miami |
| S-MC20-0061 | Louisburg High School Addition and Renovation | Louisburg | Miami |
| S-KS38-0289 | Courtyards at LMH | Manhattan | Riley |
| S-KS42-0008 | Lake Daabinawa Spillway/Grading Improvements | McLouth | Jefferson |
| S-LA11-0015 | Fox Fire Addition | McPherson | McPherson |
| S-KS52-0685 | MNU Campus Center | Olathe | Johnson |
| S-KS55-0046 | Haven at the Wilderness East | Overland Park | Johnson |
| S-KS55-0383 | Kuhlman Diecast Building Demolition | Overland Park | Johnson |
| S-KS55-0384 | Blue Valley Logistics Center | Overland Park | Johnson |
| S-MO28-0587 | UMB Bank 80th & Metcalf Ave. | Overland Park | Johnson |
| S-MO28-0593 | 151 Lamar | Overland Park | Johnson |
| S-AR69-0061 | Prather Addition | Park City | Sedgwick |
| S-AR69-0062 | Ironestone 1st Addition | Park City | Sedgwick |
| S-NE57-0106 | Creekside Development Phase I | Pittsburg | Crawford |
| S-KS65-0027 | Family Dollar Sabetha | Sabetha | Brown |
| S-SH33-0192 | Town & Country Animal Hospital | Salina | Saline |
| S-KS68-0398 | Beaver Farms | Shawnee | Johnson |
| S-MC45-0085 | Village on Victory IV | Spring Hill | Johnson |
| S-UA39-0011 | 27-38 KA-3271-01 | Syracuse | Hamilton |
| S-KS72-0675 | Misty Harbor Subdivision No. 5 | Topeka | Shawnee |
| S-AR94-1167 | Blackstone Addition | Wichita | Sedgwick |
| S-WA20-0050 | Trinity Sports Field Complex | Wichita | Sedgwick |
| S-AR94-0080 | C & D Landfill–K-96 & Hillside Reclamation Site | Wichita | Sedgwick |
| S-AR94-1713 | Plazzio Apartments | Wichita | Sedgwick |
| S-WA20-0132 | Craft Addition | Wichita | Sedgwick |
| S-AR94-1726 | Chick-fil-A #2817 Central and Rock Rd. | Wichita | Sedgwick |
| G-AR94-0107 | Exacta Aerospace Facility | Wichita | Sedgwick |
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. 052621
