Volume 42 - Issue 45 - November 9, 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-23-317/322

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Irsik & Doll Feed Services, Inc. - Turon Feed Yard 16510 S. Sylvia Rd. Turon, KS 67583	SW/4 of Section 15 & W/2 of Section 22 T25S, R10W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-C001 Federal Permit No. KS0085804
The proposed action is to reissue an existing NPDES permit for an existing facility for 35,000 head (35,000 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
Seaboard Foods, LLC - Schmidt Sow Farm #12-16 #12 – 2290 Road 27 #13 – 2273 Road 2 #14 – 2295 Road 28 #15 – 2372 Road 3 #16 – 2356 Road 4 Rolla, KS 67954	#12 – NW/4 of NW/4 of Section 33 T31S, R39W #13 – NE/4 of NE/4 of Section 34 T31S, R39W #14 – NE/4 of NE/4 of Section 33 T31S, R39W #15 – SW/4 of NW/4 of Section 25 T31S, R39W #16 – NW/4 of SW/4 of Section 30 T31S, R38W #12 & #14 – Morton County #13, #15 & #16 – Stevens County	Cimarron River Basin
Kansas Permit No. A-CISV-H001 Federal Permit No. KS0091626
The proposed action is to reissue an existing NPDES permit for an existing facility for 37,850 head (15,140 animal units) of swine weighing more than 55 pounds and 39,460 head (3,946 animal units) of swine weighing 55 pounds or less; for a total of 77,310 head (19,086 animal units) of swine. 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
Pioneer Feedyard, LLC 1021 CR CC Oakley, KS 67748	S/2 of SW/4 of Section 07 & N/2 of SW/4 of Section 18 & N/2 of Section 17 & NW/4 of Section 19 T11S, R31W Gove County	Smoky Hill River Basin
Kansas Permit No. A-SHGO-C003 Federal Permit No. KS0115860
The proposed action is to reissue an existing NPDES permit for an existing facility for 53,000 head (53,000 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
Strickler Holstein Farm Steve Strickler 1650 N. Dakota Rd. Iola, KS 66749	SW/4 of Section 24 T24S, R18E Allen County	Neosho River Basin
Kansas Permit No. A-NEAL-M003
The proposed action is to reissue an existing state permit for an existing facility for 400 head (560 animal units) of mature dairy cows, 200 head (100 animal units) of dairy calves weighing 700 pounds or less, and 239 head (239 animal units) of cattle weighing more than 700 pounds for a total of 899 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
Kadel Farms Feedlot Jim Kadel Hyde Rd. Beloit, KS 67420	W/2 of Section 26 T07S, R07W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-B016
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
Seaboard Foods, LLC - Ladder Creek East Site Intersection of Road D & Road 20 Tribune, KS 67879	E/2 of Section 12, NE/4 of Section 13 T16S, R40W and W/2 of Section 07, N/2 &SW/4 of Section 18, SE/4 of Section 19, NE/4 & S/2 of Section 20, SW/4 of Section 21, N/2 of Section 29 T16S, R39W Greeley County	Smoky Hill River Basin
Kansas Permit No. A-SHGL-H001 Federal Permit No. KS0100315
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 198,000 head (79,200 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated due to changes in the maximum application rate limitations. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-23-191/192

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
Claflin, City of PO Box 383 Claflin, KS 67525	Cow Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-AR21-OO01 Federal Permit No. KS0026441
Legal Description: NW¼, SE¼, SW¼, Section 33, Township 17S, Range 11W, Barton County, Kansas
Facility Location: Latitude: 38.52397, Longitude: -98.54788
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: a Parshall flume, comminutor/bar screen, Imhoff tank, pumping station, trickling filter, Rotating Biological Contactor (RBC), two final clarifiers, UV disinfection, emergency storage lagoon and sludge loading pad. The facility receives domestic wastewater from residential and commercial areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli; as well as monitoring for Chloride, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. Based on past performance, the permittee may have issues consistently meeting the new ammonia limits. As a result, the permittee will be required to submit an operations review on how the facility plans to consistently meet ammonia limits. The operations review will also be required to evaluate options to meet the total phosphorus mass loading goal, which is expected to be a permit limit in the future permit. The operations review shall be submitted by June 30, 2024.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wichita, City of 1815 W. Pine Wichita, KS 67203	Little Arkansas River via Kisiwa Creek	Processed Wastewater
Kansas Permit No. I-LA02-PO02 Federal Permit No. KS0099392
Legal Description: NE¼, NE¼, NE¼, Section 2, Township 24S, Range 3W, Harvey County, Kansas
Facility Location: Latitude: 38.05875, Longitude: -97.60979
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is an Aquifer Storage and Recovery Project using a 7 MGD ballasted flocculation plant to treat water from the Little Arkansas River during high flow conditions. The treated water will be stored in the Equus Beds aquifer for later recovery. Off-specification treated water (with higher than desired turbidity) is pumped to a storage lagoon for treatment, which is off-site. Outfall 001A consists of the discharge from this lagoon, which would discharge to Kisiwa Creek. The proposed permit contains monitoring for Flow, Total Suspended Solids, Total Nitrogen, and Total Phosphorus.

Public Notice No. KS-NQ-23-006/007

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
Randall, City of PO Box 154 Randall, KS 66963	Latitude: 39.638994, Longitude: 98.038876	Treated Domestic Wastewater
Kansas Permit No. M-LR20-NO01 Federal Permit No. KSJ000366
Facility Name: Randall WWTF
Legal Description: NW¼, NE¼, NW¼ Section 7, Township 5S, Range 6W, Jewell County, Kansas
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 total Surface Area 2.5 Acres, a design P.E. of 300, a rated Flow of 0.0194 mgd, and a rated P.E. of 194 at 100 gpcd. By July 1, 2024, the permittee shall hire a Kansas licensed engineering consultant to provide an operations and wastewater treatment evaluation. By March 1, 2025, the permittee shall provide KDHE an engineering report and proposed schedule for improvements to bring this facility into consistent compliance with the requirements of this permit, Minimum Standards of Design, and K.A.R. 28-16-160 et seq. The engineering report and proposed schedule are subject to approval by KDHE and are enforceable under this permit.
Name and Address of Applicant	Facility Location	Type of Discharge
Soldier Township Road Maintenance Department 334 NW 62nd St. Topeka, KS 66617	Latitude: 39.159301, Longitude: -95.659208	Treated Domestic Wastewater
Kansas Permit No. M-KS72-NO25 Federal Permit No. KSJ001015
Facility Name: Soldier Township Road Maintenance Facility
Legal Description: SW¼, SE¼, SW¼, Section 20, Township 10S, Range 16E, Shawnee County, Kansas
The proposed action is to issue a new State/NPDES permit for a new facility. The New facility is a Two Cell Wastewater Stabilization Lagoon System with a 1,500 gal Septic Tank, a Surface Area of 0.164 Acres, and a design Flow: 450 gpd (average) 550 gpd (peak). Raw sewage shall be directed to Cell 1 only. Any floor drain connected to the lagoon system shall have a manually removable drain plug. Only wash water and ice melt from floor drains are permitted to be sent to the lagoon system. The lagoons shall not be placed in operation until seepage testing results have been submitted to KDHE for review and approval. 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.

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 December 9, 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-23-317/322, KS-Q-23-191/192, KS-NQ-23-006/007) 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. 051634