Volume 43 - Issue 13 - March 28, 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-24-077/080

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Fowler Farms, Inc. 1672 Road 170 Emporia, KS 66801	SE/4 of Section 10 & NE/4 of Section 15 T19S, R12E Lyon County	Neosho River Basin
Kansas Permit No. A-NELY-B004
The proposed action is to reissue an existing state permit for an existing facility for 700 head (700 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
Forshee Farms, LLC David Forshee 1141 Cloud Rd. Delphos, KS 67436	SW/4 of Section 36 T08S, R04W Cloud County	Solomon River Basin
Kansas Permit No. A-SOCD-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle 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
Frontier Feeders Doug McGraw 8385 E. Plymell Rd. Garden City, KS 67846	SW/4 of Section 04 T26S, R31W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-B005
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
Osage Ranch Joe Mushrush 2346B N Rd. Strong City, KS 66869	NW/4 of Section 12 T19S, R07E Chase County	Neosho River Basin
Kansas Permit No. A-NECS-B002
The proposed action is to reissue an existing state permit for an existing facility for 985 head (985 animal units) of cattle weighing greater than 700 pounds, and 7 head (14 animal units) of horses; for a total of 999 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-AG-R-24-007

Per Kansas Statutes Annotated 65-171d, the following Registration has been received for a proposed facility.

Name and Address of Registrant	Legal Description	County
CF Feeders, LLC Caleb Foos PO Box 362 Ness City, KS 67560	NE/4 of Section 31 T17S, R24W	Ness

Public Notice No. KS-Q-24-034/043

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
Republic, City of 607 Washington St. Republic, KS 66964		Treated Domestic
Kansas Permit No. M-LR21-NO01 Federal Permit No. KSJ000367
Legal Description: SE¼, NW¼, NW¼, Section 36, Township 1S, Range 5W, Republic County, Kansas
Location: 39.926646, -97.834330
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two Cell Wastewater Stabilization Lagoon System with a design flow of 0.050 MGD. The Permit has a schedule of compliance to conduct a wastewater treatment evaluation.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Gardner, City of 120 E. Main Gardner, KS 66030	Kill Creek	Treated Domestic
Kansas Permit No. M-KS20-OO01 Federal Permit No. KS0095605
Legal Description: NE¼, NW¼, Section 15, Township 14S, Range 22E, Johnson County, Kansas
Location: 38.83810, -94.95757
The proposed action consists of modification of an existing Kansas/NPDES Water Pollution Control permit for an existing facility. The Gardner Kill Creek WRRF is in the process of expanding to 5.0 MGD. The existing facility is a mechanical treatment plant consisting of a lift station, two step screens, grit removal, activated sludge process (2 trains), final clarification (2), UV disinfection, cascade re-aeration, aerobic sludge storage (2) and a belt press. The permit has limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Chronic Whole Effluent Toxicity; and monitors for Dissolved Oxygen, Total Phosphorus, Nitrates and Nitrites, Total Kjeldahl, Total Nitrogen and Total Nitrogen. 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
Harveyville, City of 274 W. Oak PO Box 187 Harveyville, KS 66431	Dragoon Creek	Treated Domestic
Kansas Permit No. M-MC16-OO01 Federal Permit No. KS0046418
Legal Description: NW¼, NW¼, SE¼ Section 34, Township 14S, Range 13E, Wabaunsee County, Kansas
Location: 38.78936, -95.95537
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 areas. The permit has limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; and monitors pH, E. coli, Total Phosphorus, Nitrates and Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Marquette, City of 113 Washington PO Box 401 Marquette, KS 67464	Smokey Hill River	Treated Domestic
Kansas Permit No. M-SH25-OO01 Federal Permit No. KS0021873
Legal Description: NE¼, NE¼, NE¼, Section 25, Township 17S, Range 5W, McPherson County, Kansas
Location: 38.55016, -97.81536
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, Ammonia, and E. coli; and monitors pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hillsdale Improvement District PO Box 147 Hillsdale, KS 66036	Ten Mile Creek	Treated Domestic
Kansas Permit No. M-MC60-OO01 Federal Permit No. KS0081396
Legal Description: NW¼, SE¼, Section 15, Township 16S, Range 23E, Miami County, Kansas
Location: 38.65610, -94.85184
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 total detention time at design flow is 137 days. The permit has limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli; and monitors pH. 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 on 6/30/2021 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 13.1 mg/L for this facility. The EED was completed on January 31, 2024.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Andover, City of PO Box 295 Andover, KS 67002	Fourmile Creek	Treated Domestic
Kansas Permit No. M-WA01-OO03 Federal Permit No. KS0092720
Legal Description: NW¼, NE¼, SW¼, Section 33, Township 27S, Range 3E, Butler County, Kansas
Location: 37.65727, -97.11140
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility with an expansion of design flow. The existing facility is a mechanical wastewater treatment plant consisting of: bar screen, raw sewage pumps, an activated sludge extended aeration basin, two final clarifiers, UV disinfection of effluent, cascade reaeration of effluent, extraneous flow holding basin, four aerobic sludge digesters, an aerated sludge holding tank, and sludge drying beds. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The permit has limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Dissolved Oxygen, and Chronic Whole Effluent Toxicity; and monitors Total Phosphorus, Nitriates and Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Sulfates. The Permittee is in the process of upgrading and expanding the treatment facility for a total design flow of 1.53 MGD. Final Effluent Limits shall be effective six months after completion and startup of the new expanded treatment facility. 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
St. Paul, City of 703 Central State PO Box 311 St. Paul, KS 66771	Neosho River via Roadside Ditch	Process Wastewater
Kansas Permit No. I-NE59-PO02 Federal Permit No. KS0097608
Legal Description: SW¼, Section 13, Township 29S, Range 20E, Neosho County, Kansas
Location: 37.51738, -95.179253
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. This is a potable water treatment plant treating raw river water. This water is treated with soda ash and alum, mixed, and settled in a clarifier. The water is then filtered and chlorinated before being pumped to storage. The permit has limits for Total Suspended Solids, and pH; and monitors Total Residual Chlorine.

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 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-24-077/080, KS-AG-R-24-007, KS-Q-24-037/043) 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, Kansas 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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