Volume 42 - Issue 47 - November 23, 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-23-332/338

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Patterson Farm 10850 N. Rock Rd. Valley Center, KS 67147	NW/4 of Section 17 T25S, R02E Sedgwick County	Walnut River Basin
Kansas Permit No. A-WASG-B001
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 400 head (200 animal units) of cattle weighing less than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to change the permit from dairy to beef cattle. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Aust Land & Cattle - East Receiving Pens 13634 Faucett Rd. Centerville, KS 66014	NE/4 of Section 15 T21S, R22E Linn County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-B001
The proposed action is to issue a new state permit for a facility for 990 head (990 animal units) of cattle weighing more than 700 pounds. The facility will consist of approximately 22.5-acres of open pens and a waste management system consisting of approximately 30-acres of vegetative buffer. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Campbell Farms, LLC 1920 N. College St. Winfield, KS 67156	NE/4 of Section 15 T32S, R04E Cowley County	Walnut River Basin
Kansas Permit No. A-WACL-M003
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 150 head (150 animal units) of cattle weighing more than 700 pounds, and 150 head (75 animal units) of cattle weighing less than 700 pounds; for a total of 225 animal units. This represents a decrease in the permitted animal units from the previous permit. This permit is also being modified to convert the existing dairy facility to a beef facility by modifying two (2) existing freestall barns to bedded pack barns. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Trails West Dairy Calvin Nisly 7218 W. Trails West Rd. Partridge, KS 67566	SE/4 of Section 12 T24S, R07W Reno County	Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M052
The proposed action is to reissue an existing state permit for an existing facility for 100 head (140 animal units) of mature dairy cattle, 50 head (25 animal units) of cattle weighing less than 700 pounds, and 2 head (4 animal units) of horses; for a total permitted capacity of 169 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
Farmers & Ranchers Livestock Commission Company, Inc. 1500 W. Old Highway 40 Salina, KS 67401	SW/4 of Section 11 T14S, R03W Saline County	Saline River Basin
Kansas Permit No. A-SASA-B003
The proposed action is to reissue an existing state permit for an existing facility for 561.6 animal units of cattle, swine, and 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
Hermitage NGT - Greenleaf 1181 Victory Rd. Greenleaf, KS 66943	NW/4 of Section 02 T04S, R04E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S033
The proposed action is to reissue an existing state permit for an existing facility for 1,200 head (480 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
Bekemeyer Enterprises, Inc. 1497 17th Rd. Washington, KS 66968	SE/4 of Section 05 T03S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-B008
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle 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-Q-23-214/220

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
Bonner Springs, City of PO Box 38 Bonner Springs, KS 66012	Kansas River	Stormwater
Kansas Permit No. M-KS06-SU01 Federal Permit No. KSR440003
Legal Description: Wyandotte County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Galena, City of 211 W. 7th St. Galena, KS 66739	Spring River via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE28-OO01 Federal Permit No. KS0048135
Legal Description: W½, NE¼, Section 22, Township 34S, Range 25E, Cherokee County, Kansas
Facility Location: Latitude: 37.07110, Longitude: -94.65631
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system supplemented with aeration and 120 days detention time. 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, and Ammonia; as well as monitoring for pH, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. 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. The ammonia effluent limit was determined on July 10, 2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 14.4 mg/L for this facility. The 99th percentile decreased during the current permit cycle resulting in a lower limit for the proposed permit. Since the population is over 2,000 ammonia will be monitored monthly.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Kansas Department of Transportation 700 Harrison, 7th Floor Topeka, KS 66603		Stormwater
Kansas Permit No. M-KDOT-SU01 Federal Permit No. KSR410051
The proposed action is to issue a new State/NPDES permit for a new facility. This proposed permit would authorize discharges of stormwater in the permitted area. The area applicable to this permit is all KDOT owned and operated highways which are also located in the urban areas of 50,000 or more. The authorized discharges are all existing or new stormwater point source discharges from the transportation separate storm sewer system located within the permit area. Property that is owned by KDOT but operated by other MS4 permitted municipalities, under independent agreements, are not subject to the requirements of this permit. The operational duties of KDOT owned property in urbanized areas is detailed in independent City Connecting Link agreements. Municipalities are responsible for meeting the MS4 requirements in these urban areas. Streams and rivers adjacent to the permit area have EPA approved TMDLs for significant TMDL pollutants of concern. Therefore, KDOT must implement BMPs to attenuate the discharge of these pollutants to the maximum extent practicable. KDOT is required to implement and maintain a stormwater program that adheres to requirements of this permit and 40 CFR 122.34. The permittee is required submit an annual report each year by February 28th. Additionally, an updated SMP document must be submitted by February 28, 2025. 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
Park City, City of 1941 E. 61st North Park City, KS 67219	Lower Arkansas River	Stormwater
Kansas Permit No. M-LA19-SU01 Federal Permit No. KSR410027
Facility Location: Sedgwick County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Parsons, City of PO Box 1037 Parsons, KS 67357	Neosho River	Stormwater
Kansas Permit No. M-NE55-SN01 Federal Permit No. KSR440016
Facility Location: Labette County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Tipton, City of PO Box 22 Tipton, KS 67485	South Fork Solomon River via Carr Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-SO42-OO01 Federal Permit No. KS0085219
Legal Description: SE¼, NW¼, NW¼, Section 29, Township 8S, Range 10W, Mitchell County, Kansas
Facility Location: Latitude: 39.33377, Longitude: -98.46703
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 and industrial wastewater from local manufacturers. The detention time at design flow is 145 days. The proposed permit contains limits for Biochemical Oxygen Demand and Total Suspended Solids, as well as monitoring for pH, Ammonia, E. coli, Total Phosphorus, Sulfate, Selenium, and Lead.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Topeka, City of 1115 NE Poplar St. Topeka, KS 66616	Kansas River	Stormwater
Kansas Permit No. M-KS71-SO01 Federal Permit No. KS0093327
Facility Location: Shawnee County
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year.

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 23, 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-23-332/338, KS-Q-23-214/220) 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. 051675