Volume 42 - Issue 51 - December 21, 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-23-364/367

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Hrabe Farm Dean Hrabe 1545 16 Rd. Stockton, KS 67669	NE/4 of Section 16 T08S, R18E Rooks County	Solomon River Basin
Kansas Permit No. A-SORO-B016
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of cattle greater than 700 lbs. The facility will consist of open pens and a waste management system consisting of collection channels, a sediment basin, 2 retention control structures (RCS) a North RCS and South RCS. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Palenske Ranch, Inc. 2274A Old Hwy. 50 Strong City, KS 66869	E/2 of Section 17 T19S, R09E Chase County	Neosho River Basin
Kansas Permit No. A-NECS-C002 Federal Permit No. KS0096920
The proposed action is to reissue an existing NPDES permit for an existing facility for 15,000 head (15,000 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
Foote Cattle Co. - Jones Pens W. 223rd St. and Pflumm Rd. Bucyrus, KS 66013	SE/4 of Section 21 T15S, R24E Miami County	Marais des Cygnes River Basin
Kansas Permit No. A-MCMI-B003
The proposed action is to reissue an existing state permit for an existing facility for 350 head (350 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Flaming Dairy Dwight M. Flaming 1561 K-15 Hwy. Hillsboro, KS 67063	NE/4 of Section 20 T20S, R01E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-M029
The proposed action is to reissue an existing state permit for an existing facility for 132 head (184.8 animal units) of mature 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.

Public Notice No. KS-Q-23-230/233

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
Mid-States Materials, LLC PO Box 236 Topeka, KS 66601	Kansas River via Rock Creek	Treated Domestic
Kansas Permit No. I-KS53-PO01 Federal Permit No. KS0200014
Legal Description: Section 5 & 6, Township 7S, Range 10E
Facility Location: Latitude: 39.47145, Longitude: -96.32716
The proposed action is to issue a new State/NPDES permit for a new facility. This is a limestone quarrying and crushing operation with no washing. Outfalls 001A–029A consist of stormwater runoff and quarry pit water. The proposed permit contains generic language to protect the waters of the State. This permit will allow a measurable increase in certain pollutant parameters above existing water quality, but not above concentrations necessary to maintain existing and designated uses (and if applicable ... and to protect designated critical habitat for threatened and endangered species).
Name and Address of Applicant	Receiving Stream	Type of Discharge
Burlingame, City of 101 E. Santa Fe Burlingame, KS 66413	Dragoon Creek via Switzler Creek	Wastewater
Kansas Permit No. M-MC07-OO01 Federal Permit No. KS0024694
Legal Description: SE¼, SW¼, NE¼, Section 14, Township 15S, Range 14E
Facility Location: Latitude: 38.74776, Longitude: -95.82213
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 monitors 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 condition (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 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.1 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Coachlight North MHP, LLC - Topeka, KS 5720 N. Topeka Blvd. Topeka, KS 66617	Indian Creek via Unnamed Tributary	Wastewater
Kansas Permit No. C-KS72-OO03 Federal Permit No. KS0118583
Legal Description: NW1/4, NW1/4, SW1/4, Section 29, Township 10S, Range 16E
Facility Location: Latitude: 39.149391, Longitude: -95.66328
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is designed to treat an average daily flow of 0.004 MGD for a total population equivalent of 40. The facility consists of three septic tanks, a dosing tank, a covered sand filter, and chlorination of effluent. The facility receives domestic wastewater from a residential area. The permit has limits for BOD, TSS and Ammonia. The proposed permit monitors for pH and E. Coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
BPE Manufacturing, Inc. 890 Road 160 Emporia, KS 666801	Cottonwood River via dry drainage	Wastewater
Kansas Permit No. I-NE24-BO01 Federal Permit No. KS0098264
Legal Description: SE 1/4 of Section 17, Township 19S, Range 11E
Facility Location: Latitude: 38.39096, Longitude: -96.20931
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility primarily manufactures aluminum molds, uses the molds to cast plastic parts, and warehouses molds for future production. The facility uses computer aided manufacturing machines for fabricating the aluminum molds and uses plastic mold machines for fabricating plastic parts. The proposed permit monitors for Nitrate and Phosphorus.

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 January 20, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-2323-364/367-, KS-Q-23-230/233) 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 Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 051731