Volume 43 - Issue 20 - May 16, 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-24-129/135

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Roesch Ranch - North Facility Scott Roesch 12216 Road G Colby, KS 67701	E/2 of Section 11 & W/2 of Section 12 T05S, R35W Rawlins County	Upper Republican River Basin
Kansas Permit No. A-URRA-B007
The proposed action is to modify and reissue the existing State/NPDES permit with the maximum capacity of 750 head (375 animal units) of cattle weighing 700 pounds or less. Proposed modifications to the facility include the construction of a diversion channel, sediment basin and an earthen retention control structure. Approximately 3.3 acres of existing pen area will also be abandoned.
Name and Address of Applicant	Legal Description	Receiving Water
J-Six Enterprises, LLC Travis Haverkamp 398 40th Rd. Centralia, KS 66415	NE/4 of Section 09 T05S, R11E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S033
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 animal units) of swine more than 55 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
Moeller Farms Brad Moeller 4304 E. 121st St. Carbondale, KS 66414	NW/4 of Section 12 T14S, R16E Osage County	Kansas River Basin
Kansas Permit No. A-KSOS-B002
The proposed action is to reissue an existing state permit for an existing facility for 100 head (100 animal units) of cattle 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
Bret Nagely’s Feed Pens Bret Nagely 1425 Fair Rd. Abilene, KS 67410	SE/4 of Section 25 T14S, R01E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B035
The proposed action is to reissue an existing state permit for a facility with the proposed maximum capacity of 699 head (699 animal units) of cattle weighing greater than 700 pounds. The facility currently consists of approximately 2.1 acres of open lot pens. The facility has been reapproved to construct approximately 4.6 acres of open lot pens 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
Phillip Poppe 1835 Diamond Rd. Chester, KS 68327	SW/4 of Section 13 T01S, R03W Republic County	Big Blue River Basin
Kansas Permit No. A-BBRP-B001
The proposed action is to reissue an existing state permit for an existing facility for 200 head (200 animal units) of cattle more than 700 pounds and 200 head (100 animal units) of cattle 700 pounds or less, for a total of 300 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
4-J Dairy Jim Wohler 1127 16th Rd. Clay Center, KS 67432	SW/4 of Section 14 T08S, R02E Clay County	Lower Republican River Basin
Kansas Permit No. A-LRCY-M004
The proposed action is to reissue an existing state permit for an existing facility for 96 head (134.4 animal units) of mature dairy cattle and 30 head (15 animal units) of dairy calves, for a total of 149.4 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
Decatur County Beef, LLC Scott Foote 2361 US-83 Hwy. Oberlin, KS 67749	SE/4 & W/2 of Section 01 & N/2 of Section 12 T02S, R29W Decatur County	Upper Republican River Basin
Kansas Permit No. A-URDC-C002 Federal Permit No. KS0115690
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 60,000 head (60,000 animal units) of beef greater than 700 pounds. The facility’s NMP was updated to include changes to land application areas and updates to the land application rate limitations. The rate limitation for two (2) of the fields changed to a less restrictive rate. 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.

Public Notice No. KS-AG-R-24-008

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

Name and Address of Registrant	Legal Description	County
Bogner Farms Leonard Bogner 1569 S. Drury Rd. Caldwell, KS 67022	NE/4 of Section 25 T34S, R02W	Sumner

Public Notice No. KS-Q-24-078/086

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
Cargill, Inc. PO Box 438 Atchison, KS 66002	Missouri River via White Clay Creek via Drainage Ditch	Process Wastewater
Kansas Permit No. I-MO01-PO11 Federal Permit No. KS0096601
Legal Description: SE¼ Section 20, Township 6S, Range 20E, Atchison County, Kansas
Location: 39.51050, -95.20639
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. This facility is a grain storage elevator. The elevator foundation drainage is contaminated with grain fumigants and their decomposition products. The foundation drainage enters a cistern. The flow from the cistern is combined with the flow from the 100 tunnel drain sump and treated in a 1500 gal aeration tank. Discharge from the aeration tank combines with the discharges from the flat tunnel shed sump, and the stormwater from the flat shed and grain bin areas prior to discharge. Total average daily discharge is about 1275 gpd. This permit contains limits for Dichloromethane, Carbon Tetrachloride, Chloroform, and pH. The permit contains monitoring for Flow-MGD.
Name and Address of Applicant	Receiving Stream	Type of Discharge
New Coleman Holdings, Inc. 35 E. 62nd St. New York, NY 10065	Arkansas River via Chisholm Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-AR94-PO21 Federal Permit No. KS0000850
Legal Description: SW 1/4, Section 33, Township 26S, Range 01E, Sedgwick County, Kansas
Location: 37.74610, -97.32800
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. Recovery Well–2 (RW-2) and a new Recovery Well–3 (RW-3) for plume containment is treated with air stripper AS-2 and discharged to Outfall 005A. Air stripper influent is treated with a chemical additive (chelating agent) which inhibits the accumulation of mineral deposits within the air stripper units and associated piping. Total daily discharge from this facility is approximately 0.5 million gallons. Approximately 4,000 gallons per day (gpd) of AS-2 effluent is used for seasonal lawn irrigation. Domestic waste is discharged to the sanitary sewer system. This permit contains limits for Trichloroethylene, and pH. The permit contains monitoring for Total Phosphorus, TMDL Phosphorus, and VOC Scan.
Name and Address of Applicant	Receiving Stream	Type of Discharge
AGCO Corp. 420 W. Lincoln Blvd. Hesston, KS 67062	Little Arkansas River via Middle Emma Creek	Process Wastewater
Kansas Permit No. I-LA07-PO02 Federal Permit No. KS0080951
Legal Description: SW¼, Sec. 9, T 22S, Range 1W, Harvey County, Kansas
Location: 38.14943, -97.44079
The proposed action consists of reissuance of an existing Kansas/NPDES Water Pollution Control Permit for an existing facility. This facility manufactures specialized farm equipment. Manufacturing processes include welding, machining, metal working (fabrication and forming) and metal finishing which includes washing, coating, rinsing and painting of metal parts. AGCO has shut down various metal washing and paint systems and replaced them with processes that have reduced average daily flow by 50% and significantly reduced phosphorus discharges. This permit contains limits for Total Suspended Solids, Total Toxic Organics, Oil and Grease, pH, Total Residual Chlorine, TMDL Phosphorus, Total Recoverable Cadmium, Total Recoverable Chromium, Total Recoverable Cooper, Total Recoverable Lead, Total Recoverable Nickel, Total Recoverable Silver, and Total Recoverable Zinc. The permit contains monitoring for Flow – MGD, Total Phosphorus, TMDL Phosphorus, and CaCO.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Neosho County Commission - Neosho County Road and Bridge PO Box 173 Erie, KS 66733	Neosho River via Elk Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-NE25-PO03 Federal Permit No. KS0094021
Legal Description: SE¼ of Section 30, Township 28S, Range 19E, Neosho County, Kansas
Location: 37.57834, -95.36428
The proposed action consists of reissuing the above referenced NPDES permit to this site. No significant changes were made to the permit. This facility is engaged in a limestone quarrying and crushing operation with no washing. Outfall 001A consists of stormwater run-off and quarry pit water. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Leingang Properties, LLC 21181 E. 975 Pl. Pleasanton, KS 66075	Marais des Cygnes River via Mine Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. C-MC35-OO03 Federal Permit No. KS0087386
Legal Description: SE¼, SE¼, NW¼, Section 6, Township 22S, Range 25E, Linn County, Kansas
Location: 38.16151, -94.70618
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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. Coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Country Mobile Home Park 6428 Jefferson St. Kansas City, MO 64113	Neosho River via Dry Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. C-NE24-OO01 Federal Permit No. KS0115584
Legal Description: NE¼, NW¼, SE¼, Section 34, Township 19S, Range 11E, Lyon County, Kansas
Location: 38.35335, -96.17602
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility operates as a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. Cells 1A and 1B are split by a curtain baffle. The facility receives domestic wastewater from residential areas. The detention time at the design flow is 128 days. This permit contains limits for Biochemical Oxygen Demand, and Total Suspended Solids. The permit contains monitoring for pH, Ammonia, E. Coli, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Frontenac, City of PO Box 1012 Frontenac, KS 66762	Cow Creek via First Cow Creek	Treated Domestic
Kansas Permit No. M-NE27-OO01 Federal Permit No. KS0026131
Legal Description: NE¼, NW¼, Section 7, Township 30S, Range 25E, Crawford County, Kansas
Location: 37.45368, -94.71762
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a five-cell wastewater stabilization lagoon system with cascade aeration and a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The city is in the process of replacing the lagoon treatment facility with a new mechanical treatment facility. This facility has a consent order with KDHE to address nutrient removal. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli. The permit contains monitoring for pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Natoma, City of PO Box 350 Natoma, KS 67651	Saline River via Paradise Creek	Treated Domestic
Kansas Permit No. M-SA10-OO01 Federal Permit No. KS0031160
Legal Description: SW¼, NW¼, SE¼, Section 17, Township 10S, Range 15W, Osborne County, Kansas
Location: 39.18074, -94.01946
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. Reclaimed wastewater is permitted to be used on adjacent croplands. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Arsenic, Chlorides, Sulfates, and Selenium. 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 February 23, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 11.8 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Princeton, City of PO Box 58 Princeton, KS 66078	Marais des Cygnes River via Middle Creek	Treated Domestic
Kansas Permit No. M-MC38-OO01 Federal Permit No. KS0093891
Legal Description: SW¼ NE¼ SW¼, Section 14, Township 18S, Range 19E, Franklin County, Kansas
Location: 38.48194, -95.27933
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. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring 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 criteria (HAC) for ammonia. The ammonia effluent limit was determined on February 28, 2024 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 27.9 mg/L for this facility. However, due to anti-backsliding, the previous permit ammonia limit of 27.8 will be applied.

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 June 15, 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-24-129/135, KS-AG-R-24-008, KS-Q-24-078/086) 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. 052132