Volume 43 - Issue 48 - November 28, 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-24-378/383

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
April Valley Farm, LLC Mark and Larry Theis 18432 Mt. Olivet Rd. Leavenworth, KS 66048	NW/4 of Section 19 T08S, R22E Leavenworth County	Missouri River Basin
Kansas Permit No. A-MOLV-S002
The proposed action is to reissue an existing state permit for an existing facility for 757 head (302.8 animal units) of swine weighing more than 55 pounds, 832 head (83.2 animal units) of swine weighing less than 55 pounds, 80 head (80 animal units) of cattle weighing more than 700 pounds, and 10 head (5 animal units) of cattle weighing less than 700 pounds; for a total of 471 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
Beef Belt, LLC 1350 E. Road 70 Scott City, KS 67871	SW/4 of Section 29 T19S, R32W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C005 Federal Permit No. KS0040240
The proposed action is to reissue an existing NPDES permit for an existing facility for 15,000 head (15,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Burkdoll Brothers, Inc. 3939 Ellis Rd. Rantoul, KS 66079	S/2 of Section 24 & N/2 of Section 25 T18S, R20E Franklin County	Marais Des Cygnes River Basin
Kansas Permit No. A-MCFR-H002 Federal Permit No. KS0092550
The proposed action is to reissue an existing State/NPDES permit for an existing facility for 8,400 head (3,360 animal units) of swine weighing more than 55 pounds, and 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds; for a total of 6,160 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Fairleigh Ranch Corporation 310 CR 405 Oakley, KS 67748	All of Section 19 T15S, R32W Logan County	Smoky Hill River Basin
Kansas Permit No. A-SHLG-C004 Federal Permit No. KS0100765
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (3,000 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
Golden Plain Jersey Farm Merle Yoder 3307 S. Mohawk Rd. Hutchinson, KS 67501	NE/4 of Section 32 T23S, R06W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M046
The proposed action is to reissue an existing state permit for an existing facility for 90 head (126 animal units) of mature dairy cattle and 50 head (25 animal units) of cattle weighing less than 700 pounds; for a total of 201 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
Krehbiel Farms Terry Krehbiel 23306 S. K-14 Hwy. Pretty Prairie, KS 67570	NW/4 of Section 13 T26S, R06W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-B006
The proposed action is to reissue an existing state permit for an existing facility for 350 head (350 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.

Public Notice No. KS-Q-24-243/248

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
Coffeyville, City of PO Box 1629 Coffeyville, KS 67337		Treated Domestic
Permit No. M-VE09-SN01 Federal Permit No. KSR440002
Legal Description: Montgomery County
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 limits for Chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mulvane, City of 211 N. 2nd St. Mulvane, KS 67110		Treated Domestic
Permit No. M-AR64-SU01 Federal Permit No. KS410024
Legal Description: Sedgwick County
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.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of Garnett PO Box H Garnett, KS 66032		Process Wastewater
Permit No. I-MC13-CO01 Federal Permit No. KS0084191
Legal Description: Anderson County
Location: 38.26930, -95.24503
This action consists of reissuance of a Kansas Water Pollution Control Permit for an existing facility. The facility discharges once-through, non-contact cooling water directed through heat exchangers to provide cooling water for the internal combustion engines. This facility is an electric power generating station used for peaking and emergency power by use of internal combustion engines. When the plant is operating, once through, non-contact cooling water is pumped from Crystal Lake and directed through tube heat exchangers. These heat exchangers provide jacket cooling water for the internal combustion engines. The permit contains monitoring for Flow – MGD, and Temperature.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Dept. of Army Headquarters 407 Pershing Court Fort Riley, KS 66442	Kansas River via Threemile Creek via Unnamed Tributary	Process Wastewater
Permit No. F-KS97-PO02 Federal Permit No. KS0096598
Legal Description: Riley County
Location: 39.12500, -96.81666
The proposed action consists of reissuance of an existing Kansas Water Pollution Control Permit/NPDES permit for an existing facility. The permit is a continuation of the existing permit for: 1) the existing Custer Hill Wastewater Treatment Plant (CHWWTP) which has been removed from service and is currently undergoing closure; 2) an Installation Vehicle Wash Facility (IVWF) discharging lagoon system; 3) Industrial Stormwater Discharges at various locations within the Base Boundary; and 4) Active Borrow Management Areas at various locations within the base boundary. Fort Riley is a government-owned, government operated military installation consisting of activities and facilities for housing, training, and supporting trained and ready forces to meet Joint Force requirements. This permit covers the discharge of on-site generated wastewater treated in the following wastewater treatment facilities. This permit contains limits for TSS, Oil and Gas, pH, and TMDL Phosphorus. The permit contains monitoring for TPH – MRH, TPH – HRH, Total Heavy Metals, VOC Scan, Chlorides, Total Phosphorus, and TMDL Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Coffeyville Resources Terminal, LLC 1589 US-183 Hwy. Phillipsburg, KS 67661	Deer Creek via Plotner Creek	Process Wastewater
Permit No. I-SO31-PO05 Federal Permit No. KS0089036
Legal Description: NE¼, Section 22, T3S, R18W, Phillips County
Location: 39.7776, -99.3365
The proposed action consists of reissuance of an existing Kansas Water Pollution Control (KWPC)/NPDES Permit for an existing facility. The facility consists of a former refinery mechanical wastewater treatment plant and earthen ponds to treat wastewater from stormwater runoff and flow from groundwater remediation/recovery wells. The wastewater treatment plant (WWTP) inflow consists of stormwater runoff and flow from the two groundwater remediation systems. Additional groundwater remediation/recovery wells may be added to the facility in the future. This permit contains limits for Benzene, and pH. The permit contains monitoring for TPH – LRH, TPH – MRH, TPH – HRH, Chloride, VOC Scan, Total Recoverable Arsenic, and Total Phosphorous.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cardinal Colwich, LLC 1 Element Dr. Colwich, KS 67030	Arkansas River via Cowskin Creek via Unnamed Tributary	Process Wastewater
Permit No. I-AR24-PO06 Federal Permit No. KS0101524
Legal Description: N½, SW¼ of Section 15, Township 26S, Range 2W, Sedgwick County
Location: 37.784787, -97.527793
The proposed action consists of issuance of a Kansas Water Pollution Control (KWPC) NPDES Permit for newly designed facility, formerly known as Element. This facility is engaged in processing grain into ethanol with capability to produce 80 million gallons of denatured ethanol per year which is used in fuel grade gasoline. Grain (Corn) will be used as a feedstock to manufacture ethanol via natural fermentation. The resulting products will include 200 proof ethanol, animal feed and CO2. This permit contains limits for pH, Total Nitrogen, Total Nitrogen, Total Phosphorus, Total Residual Oxidant/Chlorine, and White Effluent Toxicity Chronic. The permit contains monitoring for Flow – MGD, Chemical Oxygen Demand, Total Chloride, Nitrate + Nitrite, Total Kjeldahl Nitrogen, Total Nitrogen, Sulfates, Oil and Grease, Temperature, Total Recoverable Metals, and Wastewater and Stormwater Runoff.

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 28, 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-24-378/383, KS-Q-24-243/248) 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. 052687