Volume 44 - Issue 10 - March 6, 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-25-054/060

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
KDC Kansas Farms, LLC Bill Kimberly 2457 15th Rd. Barns, KS 66933	SE/4 of Section 13 T03S, R04E & SW/4 & SE/4 of Section 18 T03S, R05E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H012 Federal Permit No. KS0100692
The proposed action is to reissue an existing state permit for an existing facility for 6,200 head (2,480 animal units) of swine weighing greater than 55 pounds, and 1,980 head (198 animal units) of swine weighing 55 pounds or less; for a total of 2,678 animal units of swine. 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
Martin Dairy LLC 1772 Road 30 Hartford, KS 66854	SE/4 of Section 23 T21S, R12E Lyon County	Neosho River Basin
Kansas Permit No. A-NELY-M002
The proposed action is to reissue an existing state permit for an existing facility for of 300 head (300 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
Mueller Farms, Inc. 2373 Shady Blvd. Hanover, KS 66945	NW/4 of Section 04 T02S, R05E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-B001
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 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
Santa Fe Feeders, LLC Clint Morrison 16804 Q Rd. Cimarron, KS 67835	All of Section 22 & SW/4 of Section 23 T26S, R28W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C010 Federal Permit No. KS0087602
The proposed action is to reissue an existing NPDES permit for an existing facility for 20,000 head (20,000 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
Tom Niehues 1662 24th Rd. Goff, KS 66428	SE/4 of Section 15 T05S, R13E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S010
The proposed action is to reissue an existing state permit for an existing facility for 1,545 head (618 animal units) of swine weighing more than 55 pounds, 990 head (99 animal units) of swine weighing 55 pounds or less, and 70 head (7 animal units) of sheep for a total maximum capacity of 724 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
Wehner Farms Larry Wehner 2944 94th Rd. Rossville, KS 66533	SE/4 of Section 33 T09S, R13E Jackson County	Kansas River Basin
Kansas Permit No. A-KSJA-S021
The proposed action is to modify and reissue an existing state permit for a facility for 60 head (24 animal units) of swine weighing more than 55 pounds, and 200 head (20 animal units) of swine weighing less than 55 pounds. This permit is being modified to reflect the construction of a farrowing house that replaced half the existing barn. There is no change in the 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
Southwest Plains Dairy, LLC 12701 SW CR 32 Syracuse, KS 67878	S/2 of Section 02 & SE/4 of Section 03 & E/2 of Section 11 & W/2 of Section 12 T26S, R43W Hamilton County	Cimarron River Basin
Kansas Permit No. A-CIHM-D004 Federal Permit No. KS0095702
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 17,300 head (24,220 animal units) of mature dairy cattle, and 11,000 head (11,000 animal units) of cattle weighing greater than 700 pounds; for a total of 35,220 animal units of cattle. The facility’s NMP update included changes in the application rate limitations for their fields. Eight (8) of the field’s application rate limitations have become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-25-032/034

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
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, Total Nitrogen, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + 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
El Dorado, City of 220 E. 1st St. El Dorado, KS 67042	Walnut River	Treated Domestic
Permit No. M-WA09-OO02 Federal Permit No. KS0097667
Legal Description: SW¼, SE¼, Section 11, Township 26S, Range 5E, Butler County
Location: 37.79684, -96.84980
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. Wastewater in the four-peak wet weather flow basins gravity flows back to the pump station. No discharge is expected from the four-peak wet weather flow holding basins. 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, Total Phosphorus, 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 Quarries, Inc. PO Box 100 Gas, KS 66742	Neosho River via Elm Creek via Unnamed Tributary	Process Wastewater
Permit No. I-NE30-PO01 Federal Permit No. KS0082686
Legal Description: SW¼ and N½, NW¼, SW¼ of Section 33, Township 24S, Range 19E, Allen County
Location: 37.91110, -95.33095
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility is engaged in limestone quarrying operation, which may wash rock occasionally. Outfall 001 consists of stormwater runoff and pit dewatering. If rock washing occurs and wash water is generated, it will be directed to a large sedimentation pond for treatment and is not discharged. An asphalt plant exists on-site but is owned and operated by a different owner.

Public Notice No. KS-EG-25-002/003

In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address of Applicant

Koch Fertilizer #2 PO Box 1337 Dodge City, KS 67801

Permit No. KS-01-057-001

Legal Description: 37.7695611, -99.93746

Well Identification: WWDW #2

Koch Fertilizer, LLC is a nitrogen fertilizer plant located in Dodge City, Kansas. The permittee currently operates two Class I disposal wells. The Koch #2 (KS-01-057-001) disposal well currently is authorized to inject non-hazardous liquid waste from this facility consisting of cooling tower blowdown, boiler blowdown, demineralized water train regeneration water, recovered groundwater, laboratory wastewater, stormwater, water from plant condensate and floor drains, wastewater from the Liquid Carbonic plant and drainage from the Praxair CO2 plant. Koch also disposes waste fluids of the same composition in the Class I Koch #3 disposal well. The purpose of having two Class I wells is to ensure the facility has adequate disposal capacity of waste fluids to support future operations.

Name and Address of Applicant

Koch Fertilizer #3 PO Box 1337 Dodge City, KS 67801

Permit No. KS-01-057-002

Legal Description: 37.781273, -99.9255618

Well Identification: WWDW #3

Koch Fertilizer, LLC is a nitrogen fertilizer plant located in Dodge City, Kansas. The permittee currently operates two Class I disposal wells. The Koch #3 (KS-01-057-002) disposal well currently is authorized to inject non-hazardous liquid waste from this facility consisting of cooling tower blowdown, boiler blowdown, demineralized water train regeneration water, recovered groundwater, laboratory wastewater, stormwater, water from plant condensate and floor drains, wastewater from the Liquid Carbonic plant and drainage from the Praxair CO2 plant. Koch also disposes waste fluids of the same composition in the Class I Koch #2 disposal well. The purpose of having two Class I wells is to ensure the facility has adequate disposal capacity of waste fluids to support future operations.

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	City	County
S-WA01-0114	The Cornerstone 5th Addition	Andover	Butler
S-KS04-0103	Basehor Resident Board and Care	Basehor	Leavenworth
S-AR09-0014	KTA Bridge Repairs	Belle Plaine	Sumner
S-NE07-0028	Kansas Area Erosion Repair	Burlington	Coffey
S-AR20-0019	Greens at Cherry Oaks	Cheney	Sedgwick
S-AR29-0037	Stone Creek Commercial–4th Addition	Derby	Sedgwick
S-AR29-0104	The Oaks 4th Addition (Lots 1–15)	Derby	Sedgwick
S-KS12-0078	Sunflower Redevelopment	DeSoto	Johnson
S-WA09-0112	Flint Creek Estates	El Dorado	Butler
S-NE25-0018	Neosho River Streambank Stabilization	Erie	Neosho
S-UA14-0013	Brookover Feed Yard	Garden City	Finney
S-UA14-0190	Legacy Crossing	Garden City	Finney
S-KS20-0142	Mulberry Hill Estates, Second Plat	Gardner	Johnson
S-KS20-0148	Prairiebrooke Villas	Gardner	Johnson
S-AR49-0111	43rd Avenue Park	Hutchinson	Reno
S-VE23-0043	US-160 (Main Street) Improvements	Independence	Montgomery
S-UA20-0013	Gray Co CHBP 5 Bridges (KDOT 106 C-5034-01)	Ingalls	Gray
S-KS97-0182	Ft. Riley Henry Dr., Phase II	Junction City	Riley
S-LR15-0102	Homer’s Pond Dam Improvements	Junction City	Geary
S-KS27-0330	VS Services 721 S 66th	Kansas City	Wyandotte
S-KS27-0315	VS Services 6570 Site	Kansas City	Wyandotte
S-MO25-0166	MW Terminal	Kansas City	Wyandotte
S-MO25-0176	Pump Station 50 EFHT Improvements	Kansas City	Wyandotte
S-MO11-0068	Mutual Savings Association	Lansing	Leavenworth
S-MO12-0189	Fort Leavenworth, KS Flood Repairs	Leavenworth	Leavenworth
S-KS34-0444	Limitless Brewing	Lenexa	Johnson
S-KS34-0402	The Peak at Sonoma Plaza	Lenexa	Johnson
S-KS34-0129	Timbers at Clear Creek Pool	Lenexa	Johnson
S-KS38-0441	Stormont Vail Manhattan Clinic	Manhattan	Riley
S-SO27-0012	Doering Curve Realignment	Minneapolis	Ottawa
S-LA13-0120	Sand Creek Station 3rd and 4th	Newton	Harvey
S-SH29-0021	U083-055 KA 5884-01 (Elkader)	Oakley	Logan
S-KS52-0425	119th and Renner Mass Grading	Olathe	Johnson
S-KS52-0392	Olathe Commons, Phase I	Olathe	Johnson
S-KS52-0513	Meadows at Valley Ridge	Olathe	Johnson
S-MO28-0594	Wolf Creek Plaza, 1st Plat	Overland Park	Johnson
S-MO28-0595	Whataburger–95th and Metcalf	Overland Park	Johnson
S-MO28-0603	Homes at Wolf Creek Borrow	Overland Park	Johnson
S-MO28-0602	Self Storage	Overland Park	Johnson
S-MO28-0596	Brichwood Villas II	Overland Park	Johnson
S-MO28-0606	W 157th Terrace (Switzer Road to 1400’ West)	Overland Park	Johnson
S-MO28-0562	Chick-fil-A–95th and Metcalf	Overland Park	Johnson
S-NE78-0001	Jayhawk Wind, LLC	Porterville	Bourbon
S-KS61-0041	Meadowbrook Park Phase 2 Improvements	Prairie Village	Johnson
S-SH33-0199	Quail Creek Place–New Shop Building	Salina	Saline
S-KS68-0385	Veteran’s Park Senior Village	Shawnee	Johnson
S-KS68-0403	Bellmont Promenade Shawnee	Shawnee	Johnson
S-KS69-0009	Silver Lake High School Stadium	Silver Lake	Shawnee
S-MC45-0009	Woodland Ridge	Spring Hill	Johnson
S-MC45-0073	Spring Hill Storage	Spring Hill	Johnson
S-MC45-0116	The Crossings of Spring Hill	Spring Hill	Johnson
S-MC45-0136	Moody’s TruValue	Spring Hill	Johnson
S-UR18-0017	St. Francis Street Improvements-2020	St Francis	Cheyenne
S-CI21-0048	Haskell Co 2020 Asphalt Overlay	Sublette	Haskell
S-SA16-0004	K 181-106 KA 5916-01	Sylvan Grove	Lincoln
S-KS72-0679	Kansas Sand New Plant	Topeka	Shawnee
S-KS72-0707	NW Tyler St Reconstruction Project	Topeka	Shawnee
S-KS72-0709	SW 17th Street and SW Westport Drive Reconstruction	Topeka	Shawnee
S-KS72-0575	Oakland WWTP Biosolids Handling and Energy Recovery	Topeka	Shawnee
S-VE36-0008	Toronto Water System Improvements	Toronto	Woodson
S-AR94-1733	Hatchett Hyundai East Shop and Remodel	Wichita	Sedgwick
S-AR94-1736	Elm Street Addition	Wichita	Sedgwick
S-AR94-1381	Sawmill Creek	Wichita	Sedgwick
S-WA20-0125	Site Improvements to serve Credit Union of America, Newspring Addition	Wichita	Sedgwick
S-AR94-1610	West Street Improvements	Wichita	Sedgwick
S-AR94-1687	Mahaney Headquarters	Wichita	Sedgwick
S-WA20-0110	Home Base Addition	Wichita	Sedgwick
S-WA17-0058	William Newton Hospital Parking Lots	Winfield	Cowley
G-NE06-0006	Plant S Cherokee County	Baxter Springs	Cherokee
G-SO05-0002	Crowley Cars & Salvage	Beloit	Mitchell
G-LA02-0001	Wilhite Truck Sales & Parts, Inc.	Burrton	Harvey
G-AR80-0001	Asphalt Plant 4	Crisfiled	Barber
G-AR30-0001	Asphalt Plant 4–Cowley County	Dexter	Cowley
G-NE24-0004	V. A. Baseball Public Works Center	Emporia	Lyon
G-MC51-0005	Fleet Care (New Century)	Gardner	Johnson
G-AR49-0019	Crossfaith Ventures LC	Hutchinson	Reno
G-LR15-0002	GBW Railcar Services, LLC	Junction City	Geary
G-KS27-0034	Jack Cooper Transport Co., Inc.	Kansas City	Wyandotte
G-VE29-0006	GBW RAILCAR SERVICES, LLC–Neodesha	Neodesha	Wilson
G-KS52-0018	Ply Gem Speciality Products	Olathe	Johnson
G-LA15-0004	Green Energy Products, LLC	Sedgwick	Sedgwick
G-SO39-0004	Solomon Corp–Maintenance Shop	Solomon	Dickinson
G-AR94-0122	1234 N Wellington	Wichita	Sedgwick
G-AR94-0022	Wichita Citation Service Center (Cessna)	Wichita	Sedgwick
G-AR94-0125	Exacta Weaver South Facility	Wichita	Sedgwick
G-WA17-0008	Morton Buildings, Inc. #07 Plant	Winfield	Cowley

Proposed Action: The Kansas Department of Health and Environment (KDHE) issued Authorizations for stormwater discharges the General Permit for the above-named facilities/projects. K.S.A. 65-166a requires the Secretary of KDHE to assess appropriate annual fees for Authorizations/Permits issued by the Department and provides that failure to pay the annual fee shall be cause for revocation/termination of the Authorization/Permit. The authorized entities named above have failed to comply with the requirement to pay the annual fee. Further, according to K.A.R. 28-16-62(f)-(g), the director has discretion to initiate termination of a permit. Therefore, pursuant to K.S.A. 65-166a, K.A.R. 28-16-60 and K.A.R. 28-16-62, KDHE is hereby providing notice of intent to terminate the Authorizations associated with the projects named herein. The entity may re-instate the Authorization by paying the appropriate annual fees. If you have any questions regarding the termination of your permit, please contact the Stormwater Coordinator.

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 April 5, 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-25-054/060, KS-Q-25-032/034, KS-EG-25-002/003) 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

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