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Volume 42 - Issue 52 - December 28, 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-23-368/370

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Southwest Plains Dairy, L.L.C.
12701 SW CR 32
Syracuse, KS 67878		 S/2 of Section 02 &
SE/4 of Section 03 &
E/2 of Section 11 &
W/2 of Section 12
T26S, R43W
Hamilton County		 Cimarron River Basin
Kansas Permit No. A-CIHM-D004
Federal Permit No. KS0095702
This is a correction to Public Notice No. KS-AG-23-354, which was published in the December 14, 2023, publication of the Kansas Register. The proposed action is to modify the current NPDES permit and Nutrient Management Plan (NMP) for an existing facility for a proposed maximum capacity of 17,300 head (24,220 animal units) of mature dairy cattle and 11,000 head (11,000 animal units) of cattle weighing greater than 700 pounds for a total of 35,220 animal units. The proposed modification is to change the mortality management method from rendering to composting. There are no other changes to the permit or NMP. Only the portions of the permit and NMP being modified are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Steve Johnson
1536 Nail Rd.
Enterprise, KS 67441		 SW/4 of Section 22 &
NE/4 of Section 21
T14S, R03E
Dickinson County		 Smoky Hill River Basin
Kansas Permit No. A-SHDK-B012
The proposed action is to reissue an existing State permit for an existing facility for 999 head (499.5 animal units) of beef cattle weighing 700 pounds or less. 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
Maple Creek Farms, LLC - Southwest Pork #665-668
2502 5 Rd.
Ingalls, KS 67853		 SW/4 of Section 11
T24S, R30W
Gray County		 Upper Arkansas River Basin
Kansas Permit No. A-UAGY-H001
Federal Permit No. KS0093319
An update to the Nutrient Utilization Plan (NUP) was received for this existing facility with maximum capacity not to exceed 76,800 head (7,680 animal units) of swine weighing 55 pounds or less or a total maximum capacity, not to exceed 38,400 head (15,360 animal units) weighing more than 55 pounds. The update includes a change to the maximum application rate limitation found on the Fields tab of the NUP. The maximum application rate limitation for SW 12 24 30 was updated from “None” to “1.5 x crop P removal”. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the NUP are subject to comment. This facility has an approved NMP and NUP on file with KDHE.

Public Notice No. KS-Q-23-234/238

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
Solomon, City of
116 W. Main
PO Box 273
Solomon, KS 67480		 Solomon River Treated Domestic
Kansas Permit No. M-SO39-OO01
Federal Permit No. KS0085979
Legal Description: NW¼, SW¼, NW¼, Section 19, Township 13S, Range 1E, Dickinson County
Facility Location: Latitude: 38.91004, Longitude: 97.37053
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 with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 154 days. The permit has limits for BOD, TSS and Ammonia. The proposed permit monitors for pH, E. coli, Phosphorus, Chloride, Sulfate, and Arsenic.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Uniontown, City of
PO Box 51
Uniontown, KS 66779		 Marmaton River Treated Domestic
Kansas Permit No. M-MC46-OO01
Federal Permit No. KS0046051
Legal Description: NE¼, SW¼, NW¼, Section 26, Township 25S, Range 22E, Bourbon County
Facility Location: Latitude: 37.84410, Longitude: -94.96695
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 124 days. 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
Crawford Co. SD #4 - Farlington
PO Box 249
Girard, KS 66743		 West Fork Drywood Creek
via Unnamed tributary
via Drainage ditch		 Treated Domestic
Kansas Permit No. M-MC52-OO01
Federal Permit No. KS0096741
Legal Description: NW¼, NW¼, SE¼, Section 6, Township 28S, Range 24E, Crawford County
Facility Location: Latitude: 37.63655, Longitdue: -94.82095
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 detention time at design flow is 254 days. 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
Richmond, City of
109 E. Central
PO Box 249
Richmond, KS 66080		 Middle Creek
via Unnamed Tributary		 Treated Domestic
Kansas Permit No. M-MC43-OO01
Federal Permit No. KS0047422
Legal Description: E½, NW¼, SW¼, Section 12, Township19S, Range 19E, Franklin County
Facility Location: Latitude: 38.40966, Longitude: -95.26230
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a five-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. 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
Monarch Cement Company
449 1200th St.
PO Box 1000
Humboldt, KS 66748		 Neosho River
via Owl Creek
via North Owl Creek
via School Creek
via Unnamed Tributary		 Process Wastewater
Kansas Permit No. I-NE70-PO03
Federal Permit No. KS0096491
Legal Description: NE 1/4 of Sec 23, T24S, R15E, Woodson County
Facility Location: Latitude: 37.94249, Longitude: -95.7256
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with no washing. Outfalls 001 and 002 consists of stormwater runoff and pit water. The proposed permit contains generic language to protect the waters of the state.

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 27, 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-23-368/370, KS-Q-23-234/238) 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 Paige Drury, 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 Michael Beezhold 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. 051745

Secretary of State Seal