Volume 42 - Issue 20 - May 18, 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-23-106/117

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Rolling Hills Pork Clarke and Julia Nelson 7755 Road E 13 Almena, KS 67622	SW/4 of Section 12 T02S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H011 Federal Permit No. KS0101290
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 6,800 head (2,720 animal units) of swine weighing more than 55 pounds, and 10,000 head (1,000 animal units) of swine weighing 55 pounds or less; for a total of 3,720 animal units. This represents no change in the permitted animal units from the previous permit. This permit is being modified to a grow-finish operation with the addition of one (1) swine building. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Stillwater Swine, LLC N. Terry Nelson 7755 Road E 13 Almena, KS 67622	SW/4 of Section 12 T02S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H010 Federal Permit No. KS0101281
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 6,800 head (2,720 animal units) of swine weighing more than 55 pounds, and 10,000 head (1,000 animal units) of swine weighing 55 pounds or less; for a total of 3,720 animal units. This represents no change in the permitted animal units from the previous permit. This permit is being modified to a grow-finish operation with the addition of one (1) swine building and one (1) mortality composting structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
J&R Farm & Livestock, Inc. Jason Wiebe 3520 NW 160th Burns, KS 66840	S/2 of Section 29 T22S, R05E Marion County	Walnut River Basin
Kansas Permit No. A-WAMN-B004
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. The facility will consist of 17-acres of open lot pens and a waste management system consisting of two collection channels, one sediment basin and one waste storage pond. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Carpenter Cattle Company, Inc. Wayne Carpenter 2257 CR 2 Brewster, KS 67732	SW/4 of Section 08 & N/2 of Section 17 T07S, R36W Thomas County	Upper Republican River Basin
Kansas Permit No. A-URTH-C003 Federal Permit No. KS0086592
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 20,000 head (20,000 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to propose the construction of approximately 40 acres of open lot pens, collection channels, extraneous diversion channels, and associated feedlot areas.
Name and Address of Applicant	Legal Description	Receiving Water
Pratt Feeders, LLC Taylor Hughes 40010 NW 20th Ave. Iuka, KS 67066	S/2 of Section 04 & S/2 & NE/4 of Section 08 & All of Section 09 & NW/4 of Section 16 & N/2 of Section 17 T27S, R13W Pratt County	Lower Arkansas River Basin
Kansas Permit No. A-ARPR-C001 Federal Permit No. KS0036374
The proposed action is to reissue an existing NPDES permit for an existing facility for 40,000 head (40,000 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
Hy-Plains Feed Yard, LLC 7505 US-56 Hwy. Montezuma, KS 67867	W/2 & NE/4 of Section 31 T28S, R29W and S/2 of Section 36 T28S, R30W Gray County	Cimarron River Basin
Kansas Permit No. A-CIGY-C001 Federal Permit No. KS0115738
The proposed action is to reissue an existing NPDES permit for an existing facility for 53,200 head (53,200 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Reeve Cattle Company, Inc. Lee Reeve 5665 S. Old Hwy 83 Garden City, KS 67846	E/2 & NW/4 of Section 13 & SW/4 of Section 12 T25S, R33W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C018 Federal Permit No. KS0091731
The proposed action is to reissue an existing NPDES permit for an existing facility for 58,000 head (58,000 animal units) of beef 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
Kaufman Dairy 1822 Buckskin Rd. Moundridge, KS 67107	SW/4 of Section 18 T21S, R02W McPherson County	Little Arkansas River Basin
Kansas Permit No. A-LAMP-M005
The proposed action is to reissue an existing state permit for an existing facility for 160 head (224 animal units) of mature dairy cattle, 76 head (76 animal units) of dairy heifers, and 100 head (50 animal units) of dairy calves, for a total of 350 animal units of dairy cattle. 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
Rock’n R Angus 2070 22nd Rd. Plainville, KS 67663	W/2 of Section 10 T09S, R17W Rooks County	Solomon River Basin
Kansas Permit No. A-SORO-B015
The proposed action is to reissue an existing state permit for an existing facility for 995 head (995 animal units) of cattle weighing more than 700 pounds and 2 head (4 animal units) of horses. 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
Fairview Farm, Inc. 12763 Fairview Rd. Harveyville, KS 66431	NW/4 of Section 05 & NE/4 of Section 06 T15S, R13E Wabaunsee County	Marais des Cygnes River Basin
Kansas Permit No. A-MCWB-S001
The proposed action is to reissue an existing state permit for an existing facility for 725 head (290 animal units) of swine more than 55 pounds and 620 head (62 animal units) of swine 55 pounds or less, for a total of 352 animal units. This is a reduction in 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
Don and Kris Haverkamp 1827 US-75 Hwy. Fairview, KS 66425	SW/4 of Section 22 T03S, R15E Brown County	Kansas River Basin
Kansas Permit No. A-KSBR-M002
The proposed action is to reissue an existing state permit for an existing facility for 46 head (46 animal units) of beef cattle weighing more than 700 pounds, 30 head (15 animal units) of beef cattle weighing less than 700 pounds, and 170 head (238 animal units) of mature dairy cattle for a total of 299 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
High Choice Feeders II 7721 W. US-56 Hwy. Scott City, KS 67871	NE/4 of Section 22 & N/2 of Section 23 T18S, R34W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C015 Federal Permit No. KS0081175
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 20,000 head (20,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitation for their fields. One of the field’s application rate limitations has become less restrictive than the previous NMP. 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-AG-R-23-009

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

Name and Address of Registrant	Legal Description	County
Mike Ellis 7821 N. US-83 Hwy. Scott City, KS 67871	NE/4 of Section 12 T17S, R33W	Scott County

Public Notice No. KS-Q-23-067/074

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
Bartlett, City of PO Box 4652 Bartlett, KS 67332	Lake Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE04-OO01 Federal Permit No. KS0080900
Legal Description: NE¼, NE¼, NE¼, Section 28, Township 34S, Range 20E of Labette County, Kansas
Facility Location: Latitude: 37.06196, Longitude: -95.21555
The proposed action is to reissue an existing State/NPDES 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. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. Coli, and Total Phosphorus. The following schedule is enforceable under this permit. Permittee shall retain a KDHE-certified operator by August 1, 2023.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Robinson, City of PO Box # 38 Robinson, KS 66532	Wolf River	Treated Domestic Wastewater
Kansas Permit No. M-MO17-OO01 Federal Permit No. KS0047546
Legal Description: SW¼, SW ¼, SE ¼, Section 4, Township 3S, Range 18E of Brown County, Kansas
Facility Location: Longitude: 39081311, Latitude: -95.40492
The proposed action is to reissue an existing State/NPDES 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 areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. Coli; as well as monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Lehigh, City of PO Box 208 Lehigh, KS 67073	French Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE41-OO01 Federal Permit No. KS0026417
Legal Description: NW¼, SW ¼, NE ¼, Section 26, Township 19S, Range 1E of Marion County, Kansas
Facility Location: Latitude: 38.37192, Longitude: -97.28832
The proposed action is to reissue an existing State/NPDES 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. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. Coli, Total Phosphorus, Total Kjeldahl Nitrogen, Nitrate, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Galeburg, City of PO Box 65 Galesburg, KS 66740	Labette Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE29-OO02 Federal Permit No. KS0092193
Legal Description: SE¼, SE ¼, SE ¼, Section 31, Township 29S, Range 19E of Neosho County, Kansas
Facility Location: Latitude: 37.47206, Longitude: -95.36297
The proposed action is to reissue an existing State/NPDES 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. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. Coli, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Dwight, City of PO Box 157 Dwight, KS 66849	Laird’s Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE20-OO01 Federal Permit No. KS0051675
Legal Description: N ½, NE ¼, Section 13, Township 14S, Range 7E of Morris County, Kansas
Facility Location: Latitude: 38.83976, Longitude: -96.60025
The proposed action is to reissue an existing State/NPDES 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. The proposed permit contains limits for Biochemical Oxygen Demand and Total Suspended Solids; as well as monitoring for pH, E. Coli, and Ammonia.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hepler, City of PO Box 75 Hepler, KS 66746	Walnut Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE34-OO01 Federal Permit No. KS0028533
Legal Description: NE¼, SE ¼, NE ¼, Section 35, Township 27S, Range 22E of Crawford County, Kansas
Facility Location: Latitude: 37.65588, Longitude: -94.96124
The proposed action is to reissue an existing State/NPDES 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 areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, and E. Coli. 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 February 24, 2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 16.3 mg/L for the facility. The EED was completed on March 29, 2023.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wellington, City of 317 S. Washington Ave. Wellington, KS 67152	Arkansas River via Slate Creek via Beaver Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR92-OO02 Federal Permit No. KS0099571
Legal Description: NE¼, NW ¼, SW ¼, Section 24, Township 32S, Range 1W of Sumner County, Kansas
Facility Location: Latitude: 37.25264, Longitude: -97.38076
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: off-site and on-site raw wastewater pumping stations, drum screen headworks, BNR activated sludge treatment system, two final clarifiers, two UV disinfection units, cascade reaeration, two aerobic digesters, centrifuge dewatering with storage barn, and effluent holding pond. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, pH, E. Coli, Total Phosphorus, and whole Effluent Toxicity; as well as monitoring for Total Kjeldahl Nitrogen, Total Nitrogen, Total Phosphorus, and Sulfates. The proposed permit includes a Schedule of Compliance for facility improvements to address nutrient reduction which shall be completed by December 31, 2027.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wichita, City of 455 N. Main St. Wichita, KS 67202	Arkansas River	Treated Domestic Wastewater
Kansas Permit No. M-AR94-IO01 Federal Permit No. KS0043036
Legal Description: Center Section, Section 27, Township 28S, Range 1E of Sedgwick County, Kansas
Facility Location: Plant 1: Latitude: 37.63414, Longitude: -97.30793; Plant 2: Latitude: 37.58564, Longitude: -97.30697
Facility Address: 2305 E. 57th St. S, Wichita, KS 67216
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of Plant 1: raw wastewater pumping, mechanical bar screen, and extraneous flow basin; Plant 2: raw wastewater pumping, mechanical bar screen, grit chambers, primary clarification, settled wastewater pumping, trickling filters, clarification, screw pumps, intermediate pumping station, activated sludge aeration basins, final clarification, UV disinfection, reaeration, gravity belt sludge thickener, belt filer press, anaerobic digestion, sludge processing, dissolved air floatation sludge thickener, sludge screening, sludge storage, biofilter odor control system, and septage receiving station. The facility will conduct plant upgrades consisting of: mechanical bar screen, raw sewage pump station, vortex grit removal, primary clarifiers, settled sewage pump station, biological nutrient removal basin, aeration basins, ferric chloride storage tanks, supplemental carbon storage tanks, hydrocyclone facility, final clarifiers UV disinfection, reaeration, extraneous flow basin, sludge holding tanks, rotary drum thickeners, anaerobic digestion, digested sludge storage tanks, centrifuge dewatering, centrate storage tank and pump station, sludge storage building, biofilter odor control system, and septage receiving station. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, ammonia, E. Coli, pH, Dissolved Oxygen, nitrates, Total Phosphorus, and Whole Effluent Toxicity; as well as monitoring for Total Kjeldahl Nitrogen, Total Nitrogen, Total Phosphorus, and Chlorides. The proposed permit includes a Schedule of Compliance for facility improvements to address nutrient reduction which shall be completed by June 30, 2028.

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 June 17, 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-23-106/117, KS-AG-R-23-009, KS-Q-23-067/074) 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, Section Chief, 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 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. 051143