Volume 42 - Issue 15 - April 13, 2023

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-23-078/088

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Premier Heifers, LLC Ken Norgard 3696 E. Road 13 Johnson City, KS 67855	E/2 of Section 04 T29S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-C009 Federal Permit No. KS0300004
The proposed action is for a new State/NPDES permit for a facility with a proposed maximum capacity of 30,000 head (30,000 animal units) of cattle weighing more than 700 pounds. The north part of this facility was formerly Johnson Growers, LLC (A-CIST-C001). This permit is for the enlargement of one (1) existing retention structure, the addition of 129 acres of open lot pens, and add one (1) new retention structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
D&M Cattle, Inc. David Ottley 14075 W. Road 120 S Grinnell, KS 67738	NE/4 of Section 18 T10S, R30W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-C005 Federal Permit No. KS0300001
The proposed action is to issue a new NPDES permit for a facility with a maximum capacity of 4,500 head (4,500 animal units) of cattle weighing more than 700 pounds. The facility will consist of 29.0 acres of open lot pens and a waste management system consisting of 2 sediment basins and a wastewater retention structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Rocking Heifer, LLC - #2 6372 N. Road H Johnson City, KS 67855	W/2 of Section 26 and Parts of Section 27 T27S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-C006 Federal Permit No. KS0096571
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 44,000 head (44,000 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified for the addition of 126 acres of open lot pens, four (4) new calf barns, one (1) sediment basin and one (1) waste retention structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
McCarty Family Farms, LLC 2231 CR 31 Rexford, KS 67753	W/2 & NE/4 of Section 18 and NW/4 of Section 17 T07S, R31W Thomas County	Solomon River Basin
Kansas Permit No. A-SOTH-D001 Federal Permit No. KS0095150
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 12,325 head (17,255 animal units) of mature dairy cattle; 100 head (50 animal units) of dairy cattle weighing 700 pounds or less; 2,250 head (2,250 animal units) of dairy cattle weighing more than 700 pounds; for a total of 19,555 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add two (2) tank digesters and one (1) covered anerobic digester lagoon used for the collection of renewable natural gas. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
E & J Julian Nisly 4311 S. Herren Rd. Hutchinson, KS 67501	SE/4 of Section 35 T23S, R07W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-B010
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 20 head (20 animal units) of cattle weighing greater than 700 pounds and 20 head (10 animal units) of cattle weighing less than 700 pounds for a total animal unit capacity of 30. This represents a decrease in the permitted animal units from the previous permit. This permit is also being modified to propose an additional 3 acres of existing pens to be permitted along the east side of the facility.
Name and Address of Applicant	Legal Description	Receiving Water
Fairleigh Feed Yard, Inc. 7400 S. Falcon Rd. Scott City, KS 67871	All of Section 25 T19S, R34W and All of Section 30 T19S, R33W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C001 Federal Permit No. KS0038059
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 110,000 head (110,000 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. Modification to the permit also includes the expansion of retention structures A & B, and the addition on an open lot pen area. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Brookover Feedyard - Scott City 4000 E. Road 200 Scott City, KS 67871	W/2 of Section 29 & NW/4 of Section 32 T17S, R31W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C021 Federal Permit No. KS0095869
The proposed action is to modify and reissue the current NPDES permit for an existing facility for 4,500 head (4,500 animal units) of cattle weighing more than 700 pounds. Modification to the permit will be a change to the Land Application section of the permit to 100% export of all generated waste. There are no other changes to the permit. Only the portions of the permit being modified are subject to comment.
Name and Address of Applicant	Legal Description	Receiving Water
David Pfrang 1562 K-9 Hwy. Goff, KS 66428	NW/4 of Section 04 T05S, R13E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-B004
The proposed action is to reissue an existing state permit for an existing facility for 250 head (250 animal units) of cattle weighing greater than 700 pounds and 40 head (20 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. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Hazel Creek Hog Farm Daniel Compton 1842 Mulberry Rd. Hiawatha, KS 66434	SW/4 of Section 35 T03S, R17E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-S043
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
Patricia Lankford 1848 Cheyenne Rd. Moundridge, KS 67107	SW/4 of Section 06 T21S, R02W McPherson County	Little Arkansas River Basin
Kansas Permit No. A-LAMP-M014
The proposed action is to reissue an existing state permit for an existing facility for 80 head (112 animal units) of mature dairy cattle and 30 head (15 animal units) of dairy calves 700 pounds or less, for a total of 127 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
Rocking Q Farms, Inc. Jeff Quenzer 3440 Road 66 Brewster, KS 67732	SE/4 of Section 10 T08S, R37W Sherman County	Upper Republican River Basin
Kansas Permit No. A-URSH-B005
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 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.

Public Notice No. KS-AG-R-23-006

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

Name and Address of Registrant	Legal Description	County
Coolidge Grow Yard Logan Dorenkamp 8477 W. River Rd. Syracuse, KS 67878	SW/4 of Section 33 T23S, R42W	Hamilton

Public Notice No. KS-Q-23-045/048

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
APAC - Kansas PO Box 23910 Overland Park, KS 66283	Kansas River via West Mission Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS06-PO04 Federal Permit No. KS0001546
Legal Description: NE¼, NE¼, SW¼ of Section 21, Township 11S, Range 23E of Wyandotte County, Kansas
Facility Location: Latitude: 39.07557, Longitude: -94.86873
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is engaged in a limestone quarrying operation, with a portable crusher. Outfall 001A consists of treated stormwater runoff and wash water, which is collected in an on-site settling pond, which then discharges to a detention pond. The water in the detention pond is recycled and is used to wash rock. This pond usually only discharges during or after a heavy rainfall event. Outfalls 002A and 003A consists of stormwater run-off. The proposed permit contains limits for Total Suspended Solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of Florence 511 N. Main Florence, KS 66851	Cottonwood River via unnamed tributary	Processed Wastewater
Kansas Permit No. I-NE26-PO05 Federal Permit No. KS0101150
Legal Description: NW¼, SW¼, SE¼, Section 6, Township 21S, Range 5E of Marion County, Kansas
Facility Location: Latitude: 38.24966, Longitude: -96.92778
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a public water treatment plant that treats spring water using micro-filtration. The plant is designed to treat up to 60 gallons per minute of filtrate water. The filters are back washed every 30 minutes, 20 times per day on average. The back wash is then sent to a ditch that leads to the Cottonwood River. The proposed permit contains limits for Total Suspended Solids, as well as monitoring for pH and Sulfate.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Elk City Water Treatment Plant 400 W. St. Charles Elk City, KS 67344	Verdigris River via Elk River	Processed Wastewater
Kansas Permit No. I-VE14-PO02 Federal Permit No. KS0101231
Legal Description: NE¼ of Section 6, Township 32S, Range 14E of Montgomery County, Kansas
Facility Location: Latitude: 37.29538, Longitude: -95.91447
The proposed action is to issue a new State/NPDES permit for an existing facility. This is an existing water treatment plant that is being renovated. The plant is designed to treat 0.05 MGD, utilizing rapid mix, flocculation, sedimentation, filtration, and disinfection. Treated water is then pumped to storage prior to distribution. Solids from the secondary sedimentation basins (435 gpd) filter to waste (150 gpd), filter backwash (2,250 gpd), on-line monitoring and laboratory wastewater (720 gpd) and miscellaneous floor drains (15 gpd) which will be pumped to a two-cell lagoon system for treatment. Outfall 001A1 consists of the discharge (supernatant) from either of the two lagoons, which will discharge to the Elk River via a sampling manhole. The proposed permit contains limits for Total Residual Chlorine and Total Suspended Solids; as well as monitoring for pH and Flow. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.
Name and Address of Applicant	Receiving Stream	Type of Discharge
N.R. Hamm Quarries, Inc. 609 Perry Place Perry, KS 66073-0017	Kansas River via Cedar Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS52-PO08 Federal Permit No. KS0089303
Legal Description: SW ¼ of Section 3, NW ¼ of Section 10, Township 14S, Range 23E of Johnson County, Kansas
Facility Location: Latitude: 38.85346, Longitude: -94.84797
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. Outfall 001A and Outfall 002A consists of pit water and stormwater runoff, which is either treated by a settling pond or berms. Outfalls 003A consists of stormwater runoff from exposed areas of the quarry and may have treated wash-water. This site once had a C & D landfill, but it is no longer active. The proposed permit contains limits for Total Suspended Solids as well as generic language to protect the waters of the state.

Public Notice No. KS-PT-23-005

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address of Applicant	POTW Receiving Wastes	Type of Discharge
B & W Custom Truck Beds PO Box 186 Humboldt, KS 66748	Humboldt MWWTP	Processed Wastewater
Kansas Permit No. P-NE36-OO01 Federal Permit No. KSP000051
Facility Address: 1216 Hawaii, Humboldt, KS 66748
Facility Location: Latitude: 37.82149, Longitude: -95.43016
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures custom hitches for light trucks, truck beds and farm/ranch products. Steel parts are processed in one of two five stage zirconium-based washers or they can be sprayed using a hand sprayer, if the parts are large. These steel parts are pretreated to prepare them for e-coat, powder or liquid paint. Process wastes from the vibratory finish process sump, the spray booth sump and wash bay sump are directed to the EQ tank, so the pH can be adjusted. Process wastes from the hitch powder sump, AG powder paint sump and E-coat paint are directed to the E-Coat treatment system for treatment, before being discharged to the EQ tank, before discharging from Outfall 001A. The proposed permit contains limits for pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide.

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 May 13, 2023, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-078/088, KS-AG-R-23-006, KS-Q-23-045/048, KS-PT-23-005) 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 Erich Glave, Director, 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
Department of Health and Environment

Doc. No. 051033