Volume 44 - Issue 11 - March 13, 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-25-061/069

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Befort Farms 959 210th Ave. Hays, KS 67601	N/2 of Section 23 T14S, R19W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-B009
The proposed action is to modify and reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle weighing less than 700 pounds. This represents an increase 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
Condray Farms, Inc. – Arrowhead Site Kent Condray 234 5th Rd. Clifton, KS 66937	NW/4 of Section 08 T05S, R01E Washington County	Lower Republican River Basin
Kansas Permit No. A-LRWS-S035
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
Hadachek Joint Venture Larry Hadachek 2994 US-36 Hwy. Cuba, KS 66940	SE/4 of Section 02 T03S, R01W Republic County	Big Blue River Basin
Kansas Permit No. A-BBRP-B006
The proposed action is to reissue an existing state permit for an existing facility for 150 head (150 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
Kendal Grecian Pens Evan Lesser 1133 350th Ave. Palco, KS 67657	SE/4 of Section 30 T10S, R21W Graham County	Saline River Basin
Kansas Permit No. A-SAGH-B003
The proposed action is to reissue an existing state permit for an existing facility for 500 head (500 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
Larson Angus Ranch Feedlot 2105 Crosswind Rd. Sharon Springs, KS 67758	SW/4 of Section 20 T15S, R39W Wallace County	Smoky Hill River Basin
Kansas Permit No. A-SHWA-B007
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
Nunemaker-Ross, Inc. 1687 E. 1600 Rd. Lawrence, KS 66044	NE/4 of Section 29 T12S, R20E Douglas County	Kansas River Basin
Kansas Permit No. A-KSDG-B002
The proposed action is to reissue an existing state permit for an existing facility for 800 head (800 animal units) of cattle weighing greater than 700 pounds and 100 head (50 animal units) of cattle weighing less than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address of Applicant	Legal Description	Receiving Water
Pauly’s Five Star Dairy, Inc. Jay Pauly 28500 W. 119th Conway Springs, KS 67031	SW/4 of Section 34 T29S, R03W Sedgwick County	Lower Arkansas River Basin
Kansas Permit No. A-ARSG-M010
The proposed action is to reissue an existing state permit for an existing facility for 40 head (40 animal units) of cattle weighing more than 700 pounds and 40 head (20 animal units) of cattle weighing less than 700 pounds; for a total of 60 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
River Bend Feed Yard NextGen Cattle Feeding, LLC 649 Road BB Hugoton, KS 67951	E/2 & SW/4 of Section 16 & S/2 of Section 09 T31S, R38W Stevens County	Cimarron River Basin
Kansas Permit No. A-CISV-C001 Federal Permit No. KS0037648
The proposed action is to modify and reissue an existing NPDES permit for an existing facility for 50,000 head (50,000 animal units) of cattle weighing more than 700 pounds. This represents an increase in 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
Seaboard Foods, LLC - Shore #1071 02720 Road 24 Rolla, KS 67954	SE/4 of Section 02 T31S, R40W Morton County	Cimarron River Basin
Kansas Permit No. A-CIMT-S005
The proposed action is to reissue an existing state permit for an existing facility for 660 head (264 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 Waste Management Plan on file with KDHE.

Public Notice No. KS-AG-R-25-005

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

Name and Address of Registrant	Legal Description	County
CJMT, LLC - Hangar Pond PO Box 38 Long Island, KS 67647	NW/4 & NE/4 of Section 24 T02S, R22W	Norton

Public Notice No. KS-Q-25-035/039

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
Centralia, City of PO Box 247 Centralia, KS 66415-0247	Black Vermillion River via Unnamed Tributary	Treated Domestic
Permit No. M-BB05-OO01 Federal Permit No. KS0081418
Legal Description: NE¼, NE¼, NE¼, Section 11, Township 4S, Range 11E, Nemaha County
Location: 39.72385, -96.14619
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, and Total Phosphorus. 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 September 17, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 11.4 mg/L for this facility. The EED was completed on July 12, 2019.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Zephyr Products, Inc. 3030 Wilson Ave. Leavenworth, KS 66048		Process Wastewater
Permit No. P-MO12-OO04 Federal Permit No. KSP000208
Legal Description: Leavenworth County
Location: 39.28673, -94.90192
The proposed action consists of issuing the above referenced Pretreatment permit for the first time, since this facility has a new conversion coating operation. This facility powder coats fabricated metal parts. Metal parts are processed in a six-stage phosphating operation, which is a type of conversion coating process, which is a core process under the Metal Finishing Standard. Wastewater from this operation is treated on-site for pH and discharge from Outfall 001 on a batch basis. This permit contains limits for pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide.
Name and Address of Applicant	Receiving Stream	Type of Discharge
APAC – Kansas, Inc. – Shears Division PO Box 1605 1600 N Lorraine, Suite One Hutchinson, KS 67504-1605	Saline River	Process Wastewater
Permit No. I-SA07-PO02 Federal Permit No. KS0091332
Legal Description: SW¼ of NE¼, Section 14, Township 12S, Range 8W and NE¼ of Section 12, Township 12S, Range 8W, Lincoln County
Location: 39.02376, -98.15982
The proposed action consists of reissuing the above referenced NPDES permit. The primary change to the permit was the elimination of Outfall 001A and removing the sulfate monitoring requirement. This is a quartzite (sandstone) quarrying and crushing operation, with some washing. Wash-water is treated by settling ponds, however, these wash pits do not discharge, since the wash-water is recycled on-site. Outfall 001A was eliminated since this area of the quarry was reclaimed. Outfall 002A consists of pit dewatering and stormwater runoff but rarely discharges. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Silver Lake, City of PO Box 92 Silver Lake, KS 66539	Kansas River via Ensign Creek	Treated Domestic
Permit No. M-KS69-OO01 Federal Permit No. KS0079260
Legal Description: NE¼, SW¼, Section 16, Township 11S, Range 14E, Shawnee County
Location: 39.09247, -95.86710
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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Sunflower Electric Power Corp. 2440 S. Holcomb Lane PO Box 430 Holcomb, KS 67851	Arkansas River	Process Wastewater
Permit No. I-UA1-PO02 Federal Permit No. KS0079995
Legal Description: Section 4, Township 27S, Range 24W, Ford County
Location: 37.72568, -99.94958
The proposed action consists of a modification and reissuance of a Kansas Water Pollution Control Permit and Authorization to Discharge under the National Pollutant Discharge Elimination System (NPDES) for an existing facility. This facility is a natural gas fired steam electric generating station used for peaking power generation. The new discharge will not be in addition to the discharge discussed above that occurs when the facility is generating power. The facility will be operating for power generation or being used as a synchronous electric generator component. This permit contains limits for Sulfate, Total Residual Oxidant, and pH. The permit contains monitoring for Flow – MGD, Temperature, Nitrate + Nitrite, Fluoride, Total Recoverable Metals, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus.

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 12, 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-25-061/069, KS-AG-R-25-005, KS-Q-25-035/039) 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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