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Publications iconKansas Register

Volume 43 - Issue 50 - December 12, 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-24-394/401

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Came Farms, Inc.
2566 W. Humbarger Rd.
Salina, KS 67401
NE/4 of Section 09
T13S, R03W
Saline County
Saline River Basin
Kansas Permit No. A-SASA-B001
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 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
Chase Bontrager
16014 254th Rd.
Whiting, KS 66552
SW/4 of Section 20 &
NE/4 of Section 29
T06S, R16E
Jackson County
Kansas River Basin
Kansas Permit No. A-KSJA-B012
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. The facility will consist of approximately 27 acres of open lot pens and a waste management system consisting of three (3) sediment basins and one (1) retention control structure. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Detweiler Farm
2565 Eagle Rd.
Summerfield, KS 66541
NE/4 of Section 31
T01S, R10E
Marshall County
Big Blue River Basin
Kansas Permit No. A-BBMS-S049
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, 320 head (32 animal units) of swine 55 pounds or less, and 100 head (50 animal units) of cattle 700 pounds or less, for a total of 850 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
LEI Lake View, LLC
1008 29th Rd.
Morrowville, KS 66958
SW/4 of Section 03
T01S, R02E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-S065
The proposed action is to reissue an existing state permit for an existing facility for 2,499 head (999.6 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
Michael Arndt
1181 Road E
Emporia, KS 66801
NE/4 of Section 10
T20S, R10E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-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
Schrock Dairy
Enos Schrock
2205 W. Mills Ave.
Hutchinson, KS 67501
NW/4 of Section 10
T24S, R06W
Reno County
Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M054
The proposed action is to reissue an existing state permit for an existing facility for 40 head (56 animal units) of mature dairy cattle and 15 head (15 animal units) of cattle (dry heifers) weighing more than 700 pounds; for a total of 71 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
Sealock, Inc.
1547 N. Road 20W
Hoxie, KS 67740
NE/4 of Section 18
T08S, R28W
Sheridan County
Solomon River Basin
Kansas Permit No. A-SOSD-C005
Federal Permit No. KS0095940
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 1,999 head (1,999 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. There will be no change in operation or the footprint of the facility. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Sellers Farms, Inc.
Kevin Dwyer
1346 Avenue N
Lyons, KS 67554
SW/4 of Section 06 &
N/2 of Section 07
T20S, R08W
Rice County
Lower Arkansas River Basin
Kansas Permit No. A-ARRC-C004
Federal Permit No. KS0086690
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 15,000 head (15,000 animal units) of cattle weighing more 700 pounds This represents a 2,000-animal unit increase from the previous permit. Only the updated portions of the permit are subject to public comment.

Public Notice No. KS-Q-24-253/256

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
Pittsburg, City of
PO Box 688
Pittsburg, KS 66762
Cow Creek Treated Domestic
Permit No. M0NE57-OO01
Federal Permit No. KS0038954
Legal Description: NW¼, SE¼, Section 31, Township 30S, Range 25E, Crawford County
Location: 37.38626, -94.71269
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical treatment plant consisting of two mechanical bar screens, extraneous flow screw pump station, main pump station, aerated grit removal, vortex grit removal, hydrated lime addition and two parallel treatment trains (with interconnection capability). The permit contains a schedule of compliance to address a total phosphorus load limit. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, E. coli, Dissolved Oxygen, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, Sulfates, and Zinc.
Name and Address
of Applicant
Receiving Stream Type of Discharge
New Century Wastewater Treatment Facility
11811 S. Sunset Dr., Suite. 2500
Olathe, KS 66061-7061
Maris des Cygnes River
via Bull Creek
via Little Bull Creek
Treated Domestic
Permit No. M-MC51-OO01
Federal Permit No. KS0119296
Legal Description: NW¼, NE¼, NE¼, Section 19, Township 14S, Range 23E and SE¼, SE¼, SE¼, Section 18, Township 14S, Range 23E, Johnson County
Location: 38.82539, -94.89463
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This facility has entered an Integrated Management Plan between Johnson County and KDHE under consent order #19-E-5. This permit contains limits for Carbonaceous Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Nelson Complex Wastewater Treatment Plant
11811 S. Sunset Dr., Suite 2500
Olathe, KS 66061-7061
Turkey Creek Treated Domestic
Permit No. M-KS45-OO01
Federal Permit No. KS0055492
Legal Description: NE¼, NW¼, NE¼, Section 5, Township 12S, Range 25E, Johnson County
Location: 39.04193, -94.65185
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: The Mission Township M.S.D. #1 consists of mechanical bar screen and grit chamber, two primary clarifiers, two primary trickling filters, four intermediate clarifiers three secondary trickling filters, three final clarifiers, chlorination, sludge thickening and holding tanks and sludge dewatering unit with a design flow of 7.0 MGD. This facility has entered an Integrated Management Plan between Johnson County and KDHE under consent order #19-E-5. The total proposed design discharge from the treatment system is about 86,400 gallons/day. This permit contains limits for Carbonaceous Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Dissolved Oxygen, Total Residual Chlorine, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Tyson Fresh Meats, Inc.
800 Stevens Port Dr.
Dakota Dunes, SD 57049
Neosho River
via Cottonwood River
via Unnamed Tributary
Process Wastewater
Permit No. I-NE24-PO02
Federal Permit No. KS0000817
Legal Description: SE¼, Section 18, Township 19S, Range 11E, Lyon County
Location: 38.39060, -96.23212
The proposed action consists of reissuance of an existing Kansas Water Pollution Control (KWPC)/National Pollutant Discharge Elimination System (NPDES) permit for an existing facility. The facility retains facilities and wastewater treatment capability to allow restarting of slaughterhouse operations. Live cattle slaughter and rendering are currently not conducted at this facility. This permit contains limits for BOD, TSS, Oil and Grease, pH, Ammonia, Whole Effluent Toxicity Chromic, TMDL Phosphorus, and Total Nitrogen. The permit contains monitoring for 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 January 11, 2025, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-394/401, KS-Q-24-253/256) 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. 052712