Volume 43 - Issue 46 - November 14, 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-24-354/366

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
4S Feeders Edward Schneider 1965 Avenue K Kanopolis, KS 67454	SE/4 of Section 19 T15S, R07W Ellsworth County	Smoky Hill River Basin
Kansas Permit No. A-SHEW-C001 Federal Permit No. KS0097675
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a maximum capacity of 3,999 head (3,999 animal units) of cattle weighing greater than 700 pounds. There is no change in the permitted number of animal units. The permittee is requesting reapproval of the previously approved 13.25 acres of pens, feed storage area, and settling basin. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Chaffee Farms Mike Chaffee 2008 11th Rd. Clay Center, KS 67432	NE/4 of Section 18 & NW/4 of Section 17 T09S, R04E Clay County	Lower Republican River Basin
Kansas Permit No. A-LRCY-S022
The proposed action is to reissue an existing state permit for an existing facility for 1,920 head (768 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
Ferguson Dairy/ZY Farm 1042 120 Rd. Kensington, KS 66951	SW/4 of Section 30 T02S, R15W Smith County	Solomon River Basin
Kansas Permit No. A-SOSM-M002
The proposed action is to reissue an existing state permit for an existing facility for 275 head (137.5 animal units) of cattle weighing less than 700 pounds, and 250 head (350 animal units) of mature dairy cattle, for a total of 487.5 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
J. M Georg, Inc. Jay Georg 2129 K-96 Hwy. Rush Center, KS 67575	SW/4 of Section 24 T18S, R19W Rush County	Upper Arkansas River Basin
Kansas Permit No. A-UARH-B006
The proposed action is to reissue an existing state permit for an existing facility for of 150 head (150 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
Nelson Hog Farms, LLC – Site C 2087 Road E9 Almena, KS 67622	NW/4 of Section 17 T01S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H004 Federal Permit No. KS0094111
The proposed action is to reissue an existing NPDES 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Schumacher Trust Charolais & Red Angus 1855 B 250th Ave. Hays, KS 67601	NE/4 of Section 04 T13S, R18W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-B007
The proposed action is to reissue an existing state permit for an existing facility for 125 head (125 animal units) of cattle weighing more than 700 pounds and 348 head (174 animal units) of cattle weighing less than 700 pounds; for a total of 299 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
Tom Schultejans 1230 M4 Rd. Goff, KS 66428	SE/4 of Section 06 T04S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S030
The proposed action is to reissue an existing state permit for an existing facility for a maximum capacity of 900 head (360 animal units) of swine more than 55 pounds, 10 head (10 animal units) of cattle more than 700 pounds, and 50 head (25 animal units) of cattle 700 pounds or less, for a total of 395 animal units of swine and 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
Trinity Feedyard, LLC 1805 W. Annie Scheer Rd. Garden City, KS 67846	E/2 of Section 23 & S/2 of Section 24 T25S, R33W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C008 Federal Permit No. KS0115703
The proposed action is to reissue an existing State/NPDES permit for an existing facility for 88,000 head (88,000 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
Unruh Farms 455 320th Rd. Durham, KS 67438	NE/4 of Section 34 T17S, R01E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-B027
The proposed action is to reissue an existing state permit for an existing facility for 55 head (55 animal units) of cattle more than 700 pounds and 55 head (27.5 animal units) of cattle 700 pounds or less, for a total of 82.5 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
3MK Pork, LLC 2108 Madison Rd. Washington, KS 66968	NE/4 of Section 17 T02S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H002 Federal Permit No. KS0089681
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,000 head (3,200 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include the addition of a new land application fields and changes to application rate limitations. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Cottonwood Hog Farm 2901 NW 60th St. Hesston, KS 67114	SE/4 of Section 24 T22S, R01W Harvey County	Little Arkansas River Basin
Kansas Permit No. A-LAHV-H002 Federal Permit No. KS0094331
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,200 head (1,680 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include updated application rate limitations for their fields. The application rate limitation for one field has become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
GJL Farms, LLC – Asherville 3782 K Rd. Beloit, KS 67420	NE/4 of Section 27 T07S, R06W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-H004 Federal Permit No. KS0118117
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,000 head (2,000 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitation for their fields. The application rate limitation for one field has become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Henry Creek Farms, Inc. 10636 NW 110th St. Whitewater, KS 67154	SW/4 of Section 06 T24S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-H001 Federal Permit No. KS0089451
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 2,918 head (291.8 animal units) of swine weighing more than 55 pounds and 3,480 head (1,392 animal units) of swine weighing 55 pounds or less and 500 head (250 animal units) of cattle weighing 700 pounds or less; for a total of 1933.8 animal units. The facility’s NMP was updated to include less-limiting rate limitation change for one field. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-24-232/240

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
1880 Enterprises, LLC 1215 W. 13th St., Suite 250 Kansas City, MO 64101	Marais des Cygnes River via Elm Branch Creek via Unnamed Tributary	Process Wastewater
Permit No. I-MC10-PO02 Federal Permit No. KS0100650
Legal Description: SW¼, NW¼, SE¼ of Section 27, Township 18S, Range 23E, Miami County
Location: 38.44989, -94.85097
The proposed action consists of reissuing the above referenced NPDES permit. This site was previously operated by Miami County. This is a limestone quarrying and crushing operation which may have occasional rock washing. Outfalls 001A, 002A and 003A consists of stormwater runoff and pit water. All wastewater from the rock washing operation will be recycled and not discharged. This permit contains generic language to project water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
AGCO Corporation 4205 Green River Pkwy. Duluth, GA 30096		Process Wastewater
Permit No. P-SO05-OO01 Federal Permit No. KSP000095
Legal Description: Mitchell County
Location: 39.45524, -98.08619
The proposed action consists of reissuing the above referenced Pretreatment permit. Only minor changes were made to the permit. This facility manufactures farm tillage equipment and performs conversion coating (iron phosphating) on steel parts, prior to painting the parts, using a three-stage washer. Outfall 001 consists of process and rinse wastewater from the three-stage washer. Outfall 002 and Outfall 003 no longer exist. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
BNSF Railway Co. 920 SE Quincy PO Box 1738 Topeka, KS 66619		Process Wastewater
Permit No. I-KS72-PO01 Federal Permit No. KS0001694
Legal Description: Shawnee County
Location: 39.06128, -95.65976
This action consists of renewal of an existing NPDES/ Kansas Water Pollution Control (KWPC) permit for an existing facility. Wastewater generated from railroad locomotive and rail car service and maintenance, including parts cleaning and degreasing, surface preparation and painting, metal fabrication, machining, fueling and washing, and storm water run-off from the areas affected by industrial activity, is treated in a wastewater treatment plant (WWTP). This permit contains limits for Oil and Gas, Total Suspended Soils, TMDL Phosphorus, and pH. The permit contains monitoring for Flow – MGD, Total Phosphorus, and Priority Pollutant Scan.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Ellsworth, City of 1st and Kansas PO Box 163 Ellsworth, KS 67439	Smoky Hill River via Oak Creek	Treated Domestic
Permit No. M-SH07-OO01 Federal Permit No. KS0085693
Legal Description: NE¼, SE¼, NW¼, Section 22, Township 15S, Range 8W, Ellsworth County
Location: 38.73584, -98.19951
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a complete mix aeration basin and clarifier followed by a four-cell wastewater stabilization lagoon system with 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The permit will include a schedule of compliance for completion of the proposed project to convert to a non-discharging system. The following compliance dates will be included and enforceable under the permit. Final Plans and Specifications submitted to KDHE for review and approval by December 31, 2025. Construction of the Improvements project shall begin by July 1, 2026. Project completion shall be completed by September 30, 2027. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Soils, Ammonia, and E. coli. The permit contains monitoring for pH, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Chlorides, and Sulfates.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Overbrook, City of PO Box 288 Overbrook, KS 66524	Pomona Reservoir via Valley Brook Creek	Treated Domestic
Permit No. M-MC32-OO01 Federal Permit No. KS0046451
Legal Description: NW¼, SW¼, SW¼, Section 5, Township 15S, Range 17E, Osage County
Location: 38.77010, -95.55549
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 permit will include reference to the Consent Order that extends the schedule of compliance for upgrades to the facility to convert to non-discharging. 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 2, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 10.1 mg/L for this facility. The 99th percentile decreased during the current permit cycle resulting in a lower limit for the proposed permit. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Soils, and Ammonia. The permit contains monitoring for pH, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Salina, City of 300 W. Ash St. PO Box 736 Salina, KS 67402	Smoky Hill River	Treated Domestic
Permit No. M-SH33-IO01 Federal Permit No. KS0038474
Legal Description: SE¼, NE¼, NW¼, Section 8, Township14S, Range 2W, Saline County
Location: 38.85369, -97.56844
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: screening and grit removal, four primary clarifiers, four single stage trickling filters (not in service), four intermediate clarifiers (not in service), three activated sludge nitrification basins, three final clarifiers, UV disinfection, reaeration, gravity belt sludge thickener, two stage anaerobic sludge digestion, sludge drying beds, liquid sludge loadout, and belt filter press. The final total phosphorus load and nitrate + nitrite concentration limits shall be effective in accordance with the consent order. The limits will be enforceable 12 months after effective. This permit contains limits for Carbonaceous Biochemical Oxygen Demand, Total Suspended Soils, pH, Ammonia, E. coli, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Chlorides, Sulfates, and Selenium.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Suburban Water Treatment Plant 1216 N. 165th St. PO Box 736 Basehor, KS 66007	Kansas River	Process Wastewater
Permit No. I-KS04-PO02 Federal Permit No. KS0101401
Legal Description: SW¼, SW¼, Section 23, Township 12S, Range 21E, Leavenworth County
Location: 38.9886, -95.05537
The proposed action consists of reissuing the above referenced NPDES permit. The primary change was the removal of phosphorus. Previous monitoring data shows there is no reasonable potential for this facility to contribute this pollutant in significant amounts. This is a water treatment plant that removes iron and manganese from ground water, utilizing a pressure treatment system. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Textron Aviation PO Box 7704 Wichita, KS 67277	Arkansas River via Gypsum Creek via Unnamed Tributary	Process Wastewater
Permit No. I-AR94-PO04 Federal Permit No. KS0000183
Legal Description: NW¼ Section 21, Township 27 S, Range 2 E, Sedgwick County
Location: 37.69274, -97.22221
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. The facility has concentration goals of Total Phosphorous (as P) – mg/l of less than or equal to 0.2 mg/l. KDHE has not conducted phosphorus monitoring at this facility before and requires additional data to determine how to divide the phosphorus limit between the two outfalls. Downstream testing of phosphorus is impractical due to the presence of urban runoff between the two discharge points and their confluence. As such, the permittee shall implement a Schedule of Compliance to prepare for final phosphorus limits at the facility. The permittee shall implement a Schedule of Compliance to prepare for final phosphorus limits at the facility. This permit contains limits for Oil and Gas, pH, and Trichloroethylene. The permit contains monitoring for Flow – MGD. Total Phosphorous, and TMDL Total Phosphorous.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Smith Center, City of 119 W. Court St. Smith Center, KS 66967	Beaver Creek via Unnamed Tributary	Treated Domestic
Permit No. M-SO38-OO02 Federal Permit No. KS0098221
Legal Description: NW¼, NW¼, NW¼, Section 32, Township 3S, Range 13W, Smith County
Location: 39.75436, -98.82096
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 city is in the process of adding an additional cell to convert the facility to a non-discharging lagoon system. 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 and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on August 5, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 10.4 mg/L for this facility. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and Chlorine Residual. The permit contains monitoring for pH, E.coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.

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 December 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-24-354/366, KS-Q-24-232/240) 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. 052647