Volume 43 - Issue 12 - March 21, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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-24-071/076

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Schwartz Wilke Farms, LLP – Henry Hills John Schwartz 960 7th Rd. Longford, KS 67458	NE/4 of Section 04 T10S, R02E Clay County	Smoky Hill River Basin
Kansas Permit No. A-SHCY-H003 Federal Permit No. KS0101753
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 7,680 head (768.0 animal units) of swine weighing less than 55 pounds each and 5,812 head (2,324.8 animal units) of swine weighing more than 55 pounds each, for a total of 3092.8 animal units. This represents no change in the permitted animal units from the previous permit. This permit is also being modified for the addition of one gestation building, one mortality composting structure, one freshwater diversion riser, expanding the existing gilt building, and the addition of one retention control structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Cimarron Crossing Feeders 13745 16 Rd. Cimarron, KS 67835	All of Section 04 & NE/4 of Section 09 T26S, R28W & S/2 of Section 33 T25S, R28W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C001 Federal Permit No. KS0037541
The proposed action is to reissue an existing NPDES permit for an existing facility for 22,500 head (22,500 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
J-Six Enterprises, LLC - 80 Farm 848 O Rd. Goff, KS 66428	SW/4 of Section 28 T04S, R13E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S015
The proposed action is to reissue an existing state permit for an existing facility for 760 head (304 animal units) of swine weighing more than 55 pounds and 2,000 head (200 animal units) of swine weighing 55 pounds or less; for a total of 504 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Martin Dale Bontrager 2242 Limestone Rd. Beattie, KS 66406	SW/4 of Section 34 T02S, R09E Marshall County	Big Blue River Basin
Kansas Permit No. A-BBMS-M023
The proposed action is to reissue an existing state permit for an existing facility for 40 head (56 animal units) of mature dairy cattle, 15 head (15 animal units) of cattle greater than 700 pounds (dairy heifers), 6 head (3 animal units) of cattle weighing less than 700 pounds (dairy calves), and 6 head (12 animal units) of horses, for a total of 86 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
Tri W Hog Farm, LLC 6135 W. 1st St. Newton, KS 67114	NE/4 of Section 21 T23S, R01W Harvey County	Little Arkansas River Basin
Kansas Permit No. A-LAHV-S037
The proposed action is to reissue an existing state permit for an existing facility for 9,600 head (960 animal units) of swine weighing 55 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
MHW Enterprises, Inc. 819 E. Rye Rd. Sylvan Grove, KS 67481	NW/4 of Section 08 T11S, R09W Lincoln County	Saline River Basin
Kansas Permit No. A-SALC-B002
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle weighing less than 700 pounds, or 500 head (500 animal units) of cattle weighing more than 700 pounds, not to exceed the facility capacity of 500 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-24-034/036

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
APAC – Kansas, Shears Division PO Box 1605 1600 N. Lorraine, Suite 1 Hutchinson, KS 67501		Process Wastewater
Kansas Permit No. I-US14-NP10 Federal Permit No. KSJ000642
Legal Description: NW¼ Section 19, Township 24S, Range 31W, Finney County, Kansas
The proposed action consists of modifying the existing Kansas/ NPDES Water Pollution Control permit. The existing facility is engaged in an asphalt production operation. Two reinforced concrete tanks are used to treat wastewater originating from the wet washer at the asphalt plant. Wastewater from these tanks is recycled as makeup water for the wet washer or sprayed on roads for dust control. Portable toilets are used to collect domestic waters generated on-site.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Bronson, City of PO Box 54 Bronson, KS 66716	Marmation River via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-MC06-OO01 Federal Permit No. KS0045942
Legal Description: SW¼, SW¼ NW¼, Section 11, Township 25S, Range 21E, Bourbon County, Kansas
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control 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 permit has limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; and monitors for pH, and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Barlett – Montgomery County, LLC 4208 CR 5300 Cherryville, KS 67335		Process Wastewater
Kansas Permit No. I-VE07-NP01 Federal Permit No. KSJ001018
Legal Description: S1/2 of Section 32, Township 32S, Range 17E, Montgomery County, Kansas
Latitude: 37.21461 Longitude: -95.56639
This action consists of issuance of a new non-overflowing Kansas Water Pollution Control Permit. The Bartlett Soybean Processing Plant will have a processing capacity of 4200 tons/day of soybeans to crush into soybean meal and refined soybean oil. The wastewater will be directed to two evaporation ponds, which will have surface areas of 3.36 acres and 2.24 acres. A design inflow rate of 26.1 gallons per minute of wastewater will be sent to the two ponds. Domestic wastewater will be directed to a septic tank and lateral field. The permit contains generic language to protect 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 April 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-24-071/076, KS-Q-24-034/036) 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, 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 Jada Martin 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

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