Volume 44 - Issue 4 - January 23, 2025

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-25-006/017

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
4-R Farms 867 K Rd. Corning, KS 66417	NE/4 of Section 34 T04S, R12E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-B005
The proposed action is to reissue an existing state permit for an existing facility for 400 head (400 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
Anderes Farms – Saline County Gregory and Sharon Anderes 4349 S. Kipp Rd. Gypsum, KS 67448	SW/4 of Section 09 T15S, R01W Saline County	Saline River Basin
Kansas Permit No. A-SHSA-B002
The proposed action is to reissue an existing state permit for an existing facility for of 450 head (450 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
Doug Cossman 27060 SW L Rd. Jetmore, KS 67854	SW/4 of Section 01 T23S, R24W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-B009
The proposed action is to reissue an existing state permit for an existing facility for 400 head of cattle weighing more than 700 pounds (400 animal units) and 400 head of cattle weighing 700 pounds or less (200 animal units) 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
Dunbar Feeders Ronald Dunbar 3420 Douglas Rd. Richmond, KS 66080	SW/4 of Section 27 T18S, R20E Franklin County	Marais des Cygnes River Basin
Kansas Permit No. A-MCFR-B004
The proposed action is to reissue an existing state permit for an existing facility for 550 head (550 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
Dutch Creek Farms Scott Albright 11667 K Rd. Delia, KS 66418	NE/4 of Section 21 T09S, R14E Jackson County	Kansas River Basin
Kansas Permit No. A-KSJA-B005
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
Eric Kohake 1942 A Rd. Baileyville, KS 66404	NW/4 of Section 06 T03S, R11E Nemaha County	Big Blue River Basin
Kansas Permit No. A-BBNM-S048
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
High Heaven Andrew Goetz 14073 S. Road 45E Park, KS 67751	NW/4 of Section 29 T10S, R27W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-B014
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
Kenneth Penner – Ellsworth Facility 1895 Ave F Ellsworth, KS 67439	SE/4 of Section 25 T14S, R08W Ellsworth County	Smoky Hill River Basin
Kansas Permit No. A-SHEW-S004
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 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
Rocky Hill Feeders, Inc. Chad Busenitz 14632 NW Santa Fe Lake Rd. Newton, KS 67114	NE/4 of Section 24 T23S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-B016
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
Roger Bott 1667 Parallel Rd. Palmer, KS 66962	SE/4 of Section 34 T05S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-B012
The proposed action is to reissue an existing state permit for an existing facility for 500 head (200 animal units) of swine more than 55 pounds and 370 head (370 animal units) of cattle more than 700 pounds, for a total of 570 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
Schmitt Farms & Feedyard Douglas Schmitt 784 K-181 Hwy. Tipton, KS 67485	NW/4 of Section 32 & SW/4 of Section 29 T08S, R10W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-C007 Federal Permit No. KS0300005
The proposed action is to modify and reissue a NPDES permit for an existing facility for 300 head (150 animal units) of cattle weighing less than 700 pounds, and 6,300 head (6,300 animal units) of cattle weighing greater than 700 pounds. The proposed modification is to remove rendering as a mortality management method and add burial and composing as mortality management methods. There are no other changes to the permit or NMP. Only the portions of the permit and NMP being modified are subject to comment.
Name and Address of Applicant	Legal Description	Receiving Water
Steve and Brock Miller 3535 U Rd. Burdett, KS 67523	N/2 of Section 33 T20S, R20W Pawnee County	Upper Arkansas River Basin
Kansas Permit No. A-UAPN-B013
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.

Public Notice No. KS-AG-R-25-002

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility.

Name and Address of Registrant	Legal Description	County
Buffalo Creek Holding Pond N. Terry Nelson 1304 W. Fox Rd. Long Island, KS 67647	SE/4 of Section 10 T02S, R21W	Norton

Public Notice No. KS-Q-25-006/008

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
Greenleaf, City of PO Box 113 Greenleaf, KS 66943	Coon Creek via Unnamed Tributary	Treated Domestic
Permit No. M-BB08-OO01 Federal Permit No. KS0048411
Legal Description: NW¼, SE¼, NW¼; NE¼, SW¼, NW¼; SE¼, NW¼, NW¼; and SW¼, NE¼, NW¼, Section 9, Township 4S, Range 4E, Washington County
Location: 39.72182, -96.98985
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 areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli. The permit contains monitoring for pH, Ammonia, Total Phosphorus, and Lead.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Chisholm Creek Utility Authority 5551 N. Broadway Park City, KS 67219	Chisholm Creek	Treated Domestic
Permit No. M-LA19-OO02 Federal Permit No. KS0089176
Legal Description: E½, SE¼, SE¼, Section 17, Township 26S, Range 1E, Sedgwick County
Location: 37.78393, -97.33745
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. 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, E. coli, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrate + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. The facility has a schedule of compliance to follow the pre-existing Administrative Order.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Topeka, City of 1115 NE Poplar St. Topeka, KS 66616	Kansas River	Treated Domestic
Permit No. M-KS72-IO02 Federal Permit No. KS0042714
Legal Description: SW¼, Section 24, Township 11S, Range 15E, Shawnee County
Location: 39.07710, -95.70289
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. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Carbonaceous Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Total Residual Chlorine, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Dissolved Oxygen, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. The facility has a schedule of compliance to follow the pre-existing Administrative Order.

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 February 22, 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-25-006/017, KS-AG-R-25-002, KS-Q-25-006/008) 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, Kansas 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. 052809