Volume 41 - Issue 33 - August 18, 2022

State of Kansas

Department of Health and Environment

Notice Concerning 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.

Public Notice No. KS-AG-22-200

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Lee Springer – Elevator Facility 3321 CR 5800 Independence, KS 67301	SW/4 of Section 23 & SE/4 of Section 22 T31S, R15E Montgomery County	Verdigris River Basin
Kansas Permit No. A-VEMG-H002 Federal Permit No. KS0087114
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,700 head (2,280 animal units) of swine weighing more than 55 pounds and 3,000 head (300 animal units) of swine weighing 55 pounds or less for a total of 2,580 animal units The facility’s NMP was updated to include updated application rate limitations. The rate limitations for four fields have become less restrictive. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-064/067

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
Douglas County R.W.D. #3 7035 SE 69th St. Berryton, KS 66409	Kansas River via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-KS98-PO03 Federal Permit No. KS0097829
Legal Description: SE¼, S34, T11S, R17E, Shawnee County, Kansas
Facility Name: Douglas County RWD #3 (Big Springs) Public Water Supply Treatment Plant
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a public water treatment plant, which utilizes two Reverse Osmosis (RO) units to remove iron and manganese from well water. However, usually only one unit is used at a time at a flow of 60 gallons per minute, for 23 hours. The proposed permit contains limits for total suspended solids, total residual chlorine, and pH, as well as monitoring for total phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Johnson County Aggregates, LLC PO Box 23910 Overland Park, KS 66283	Kansas River via Cedar Creek via New Olathe Lake via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-KS52-PO09 Federal Permit No. KS0089478
Legal Description: SE¼, S9, T14S, R23E, Johnson County, Kansas
Facility Name: Olathe Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation, with some rock washing. An asphalt plant and calcium hydroxide pit may be on-site, but they would not generate a discharge. Outfalls 001A, 002A, 004A, 005A, 006A and 007A consist of stormwater runoff and pit drainage. Outfalls 002A1 and 003A1 are combined. All wash water is pumped to a large settling pond via a pipeline for treatment. Once the wash water is treated, it is re-used in the washing operation and therefore will be a closed loop system and wash water will not be discharged. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Martin Marietta Materials 7381 W. 133rd St., Suite 401 Overland Park, KS 66213	Kansas River via Wakarusa River via Clinton Lake via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-KS31-PO08 Federal Permit No. KS0116114
Legal Description: SW¼, S1, T13S, R18E, Douglas County, Kansas
Facility Name: Lawrence Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with occasional washing. The wash-water generated on-site and stormwater runoff is treated by settling ponds and rock check dams, before discharging from Outfall 001A. Outfall 002A consists of quarry pit water and stormwater runoff. The proposed permit contains limits for total suspended solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Micro-Lite, LLC PO Box 45 Buffalo, KS 66717	Verdigris River via Little Sandy Creek (001A and 002A) or West Buffalo Creek (003A) via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE03-PO01 Federal Permit No. KS0088374
Legal Description: NW¼, S32, T26S, R15E, Woodson County, Kansas
Facility Location: 14998 2350 Rd., Buffalo, KS 66717
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility performs surface mining of lamproite to extract trace minerals including iron, magnesium, and potassium for use in livestock feed. Outfalls 001A, 002A and 003A consist of pit drainage and stormwater that drains naturally from the quarry pit area and is treated with settling ponds. The proposed permit contains generic language to protect the waters of the state.

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 September 17, 2022 will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-200, KS-Q-22-064/067) 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 Paige Drury, 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 Michael Beezhold 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 Mirina Landry at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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

Doc. No. 050434