Volume 43 - Issue 16 - April 18, 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-24-095/100

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Enneking Dairy, Inc – North 1892 M Rd. Seneca, KS 66538	NW/4 of Section 06 T03S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M009
The proposed action is to modify and reissue the existing state permit for 80 head (40 animal units) of cattle weighing less than 700 pounds, and 500 head (700 animal units) of mature dairy cows; for a total of 740 animal units. This represents a decrease in the permitted animal units from the previous permit. This permit is also being modified to add one (1) waste separator to recycle bedding material. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Post Feed Yard 10629 Valley Rd. Dodge City, KS 67801	N/2 of Section 19 T28S, R25W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C019 Federal Permit No. KS0088129
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,500 head (2,500 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
MLC II Chris Meyer N. 30th Rd. Sylvan Grove, KS 67481	W/2 of Section 28 T12S, R10W Lincoln County	Saline River Basin
Kansas Permit No. A-SALC-B001
The proposed action is to reissue an existing state permit for an existing facility for 299 head (299 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
Rocking Heifer, LLC – Ulysses 439 E. Road 4 Ulysses, KS 67880	S/2 of Section 15 & NW/4 of Section 22 T27S, R37W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-C005 Federal Permit No. KS0093670
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 35,000 head (35,000 animal units) of beef cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. Two of the fields application rate limitation have become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Double B&S Cattle Company 10320 Wrangler Rd. Fowler, KS 67844	SW/4 of Section 15 & NW/4 of Section 22 T29S, R26W Ford County	Cimarron River Basin
Kansas Permit No. A-CIFO-C001 Federal Permit No. KS0115100
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted 3,000 head (3,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitations. The application rate limitations for two fields have become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Prairie Wind Heifer Development, LLC TJ McClure 4652 N. Road L Johnson, KS 67855	E/2 of Section 01 T28S, R41W & W/2 of Section 06 T28S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-C008 Federal Permit No. KS0097390
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 14,000 head (14,000 animal units) of cattle weighing greater than 700 pounds, and 5 head (10 animal units) of horses, for a total of 14,010 animal units. The facility’s NMP was updated to include changes in the application rate limitations for their fields. One of the fields application rate limitation has become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment.

Public Notice No. KS-Q-24-048/052

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
Whitaker Aggregates, Inc. 555 Delaware Humboldt, KS	Verdigris River via Village Creek via Unnamed Creek	Process Wastewater
Kansas Permit No. I-VE03-PO04 Federal Permit No. KS0200018
Legal Description: SE¼ of Section 13, Township 27S, Range 16E, Wilson County, Kansas
Location: 37.69485, -95.60106
The proposed action consists of issuing a new NPDES permit for a new facility. The facility is a limestone quarrying and crushing operation with occasional washing. 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. The permit contains limits for Total Suspended Solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Wichita, City of 455 N. Main St. Wichita, KS 67202	Arkansas River via Ditch	Process Wastewater
Kansas Permit No. I-AR94-PO85 Federal Permit No. KS0101125
Legal Description: NE¼, Section 2, Township 17S, Range 21E, Sedgwick County, Kansas
Location: 37.73604, -97.39369
The proposed action consists of reissuing the Kansas/NPDES Water Pollution Control permit for an existing facility. This is an existing water treatment plant which currently operates a 160 MGD lime softening water treatment plant. The wastewater consists of filter backwash and sludge from the clarifier/softening basins. Solids are removed in a 2-ceall lagoon system which is located near North West Street and West 29th Street North. The permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH. The permit contains monitoring for Total Phosphorus and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
The Coleman Company, Inc. PO Box 2931 Wichita, KS 67201	Arkansas River via Chisholm Creek via East Chisholm Creek via Drainage Ditch	Process Wastewater
Kansas Permit No. I-AR94-CO10 Federal Permit No. KS0054267
Legal Description: NW¼ Section 34, Township 26S, Range 1E, Sedgwick County, Kansas
Location: 37.7494, -97.3169
The proposed action consists of reissuance of an existing NPDES/Kansas Water Pollution Control Permit for cooling water discharge from an existing facility. This facility manufactures outdoor camping equipment, lanterns, camp stoves, jugs and ice chest coolers. City water is used for non-contact cooling of 11 rotovac plastic molding machines, the swamp coolers on the roof, roof drains and some stormwater runoff from the surrounding ground is directed to an earthen retention pond (Industrial Lake). Total discharge from this facility, excluding stormwater runoff, is about 18,000 gallons per day. Standard language for protection of water quality is included in the permit.
Name and Address of Applicant	Receiving Stream	Type of Discharge
BNSF Railway Company 920 SE Quincy St. Topeka, KS 66612	Little Arkansas River via Sand Creek	Process Wastewater
Kansas Permit No. I-LA13-PO01 Federal Permit No. KS0001082
Legal Description: NE¼, Sec. 19, T 23S, R 01E, Harvey County, Kansas
Location: 38.04000, -97.35900
This action consists of renewal of an existing NPDES/Kansas Water Pollution Control (KWPC) Permit for an existing facility. This facility processes rail traffic comprised of a staging yard and maintenance areas. Stormwater and industrial wastewater are collected by an underground sewer system and discharged to an influent pump station. Groundwater Monitoring Well purge water from current ground water remediation efforts are discharged to the on-site WWTP. The on-site WWTP is comprised of a (primary) oil water gravity separator and a (secondary) injected air floatation (IAF) unit. WWTP effluent is controlled via a weir box and discharged through manholes B and E. Recovered oil is shipped off site. Dewatered sludge is hauled to a landfill as special waste. The permit contains limits for oil and grease, pH, and benzene. The permit contains monitoring for low medium and high range hydrocarbons.
Name and Address of Applicant	Receiving Stream	Type of Discharge
McConnell Air Force Base 57830 Pittsburg St., Suite 120 McConnell Air Force Base, KS 67221-3617	McConnell Creek Gypsum Creek Arkansas River via Unnamed	Process Wastewater
Kansas Permit No. F-AR94-PO25 Federal Permit No. KS0086452
Legal Description: Sections 1, 12, 13, & 24, Township 28S, Range 1E; Sections 6, 7 & 18, Township 28S, Range 2E, Sedgwick County, Kansas
Location: 37.63181, -97.25151
The proposed action consists of modification, renewal, and reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. The facility is a federally owned air force base Modification includes elimination of process wastewater Outfall 0023A, Outfall 025A, and Outfall 030A and Stormwater Outfalls 004A, 004B, and 018A due to changes in handling of stormwater and changes in the groundwater remediation system resulting in elimination of the discharges. The facility generates domestic wastes from housing, training, and supporting 22nd Air Refueling Wing and stormwater from storage and recreational areas, a firing range, a maintenance area, a landfill, and munitions loading ramp. Domestic wastes are connected to the city sewer. The permit contains limits for oil and grease, pH, and biochemical oxygen demand.

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 May 18, 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-24-095/100, KS-Q-24-048/052) 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

Doc. No. 052057