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Volume 42 - Issue 43 - October 26, 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.

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-23-304/307

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Blue Sky Farms, LLC
200th Ave
Lewis, KS 67552		 NE/4 of Section 08 &
SE/4 of Section 19 &
All of Section 18
T25S, R17W
Edwards County		 Lower Arkansas River Basin
Kansas Permit No. A-ARED-D001
Federal Permit No. KS0300006
The proposed action is to issue a new State/NPDES permit for a facility for 25,000 head (35,000 animal units) of mature dairy cattle and 200 head (100 animal units) of cattle weighing less than 700 pounds for a facility total of 35,100 animal units. The facility will consist of two (2) dairy confinement barns, one (1) milking parlor, two (2) manure storage areas, one (1) waste treatment structure, four (4) waste retention structures, three (3) freshwater storage ponds, one (1) manure screen area, and two (2) sediment basins. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Nelson Circles, Inc.
Bo Nelson
1566 210th Ave.
Lewis, KS 67552		 SW/4 of Section 21 &
NW/4 of Section 28
T26S, R17W
Edwards County		 Lower Arkansas River Basin
Kansas Permit No. A-ARED-C002
Federal Permit No. KS0088251
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 11,500 head (11,500 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 to add associated pens, two sediment basins, and retention control structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Bruce Penner Feedlot
Bruce Penner
13618 NW Meadowlark Rd.
Whitewater, KS 67154		 NW/4 of Section 27
T23S, R03E
Butler County		 Walnut River Basin
Kansas Permit No. A-WABU-B013
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Intervet Inc. dba Merck Animal Health Intervet Inc. - Williamsburg, KS
1202 Idaho Rd.
Williamsburg, KS 66095		 E/2 of Section 23 &
NW/4 of Section 24
T18S, R18E
Franklin County		 Marais des Cygnes River Basin
Kansas Permit No. A-MCFR-B003
The proposed action is to reissue an existing state permit for an existing facility for 200 head (80 animal units) of swine weighing greater than 55 pounds, 200 head (20 animal units) of swine weighing 55 pounds or less, 210 head (210 animal units) of cattle weighing greater than 700 pounds, 400 head (200 animal units) of cattle weighing 700 pounds or less, 210 head (420 animal units) of horses; for a total of 930 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.

Public Notice No. KS-Q-23-185

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
Cessna Aircraft Division – Pawnee Facility
5800 E. Pawnee
Wichita, KS 67218		 Arkansas River via
Chisholm Creek via
Gypsum Creek		 Processed Wastewater
Kansas Permit No. I-AR94-PO05
Federal Permit No. KS0000647
Legal Description: NE ¼, S1, T28S, R1E of Sedgwick County, Kansas
Facility Location: Latitude: 37.64861, Longitude: -97.26492
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The Cessna Aircraft Division – Pawnee Facility is engaged in the manufacture of aircraft parts and components. Non-contact cooling water and flows from two groundwater clean-up operations are discharged to gypsum creek. The design flow to gypsum Creek is .125 million gallons per day. The proposed permit contains limits for Trichloroethylene, Cis 1,2 dichloroethylene, Vinyl Chloride, pH, Total Phosphorus, and monitoring for Flow, Phosphorus, and Volatile Organic Compound scan.

Public Notice No. KS-PT-23-015

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
Bradken
400 S. Fourth St.
PO Box 188
Atchison, KS 66002		 Atchison WWTP Processed Wastewater
Kansas Permit No. P- MO01-IO01
Federal Permit No. KSP000060
Facility Address: 400 South Fourth Street, PO Box 188, Atchison, KS 66002
Facility Location: Latitude: 39.55739, Longitude: -95.11624
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a heavy steel foundry which casts parts for diesel locomotives and other large industrial equipment. Outfall 001 consists of quench water, when quench tanks are released to the city sewer. The proposed permit contains limits for pH, copper, lead, oil and grease, and zinc.

Public Notice No. KS-NQ-23-005

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).

Name and Address
of Applicant		 Facility Location Type of Discharge
Wilson, City of
498 2nd Rd.
Wilson, KS 67490		 Non-Discharging Treated Domestic Wastewater
Kansas Permit No. M-SH40-NO01
Federal Permit No. KSJ001017
Legal Description: E¼, SE1/4, SE1/4, Section 19, Township 14S, Range 10W of Ellsworth County, Kansas
Facility Location: Latitude: 38.814494, Longitude: -98.468662
The proposed action is to issue a new State/NPDES non-discharging permit in replacement of a previous discharging wastewater lagoon facility. The maximum design flow is 65,000 gallons per day.

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 November 25, 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-23-304/307, KS-Q-23-185, KS-PT-23-015, KS-NQ-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 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. 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, KS 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 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. 051591

Secretary of State Seal