Volume 44 - Issue 8 - February 20, 2025

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-25-044/050

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Blue Sky Farms, LLC dba Twin Circle Dairy 1989 O Rd. Lewis, KS 67552	NE/4 of Section 08 & SE/4 of Section 19 & All of Section 18 T25S, R17W Edwards County	Lower Arkansas River Basin
Kansas Permit No. A-ARED-D001 Federal Permit No. KS0300006
The proposed action is to modify and reissue an existing NPDES permit for a facility for 25,000 head (35,000 animal units) of mature dairy cattle and 200 head (100 animal units) of cattle weighing less than 700 pounds for a facility total of 35,100 animal units. This permit is being modified to reconfigure the previously proposed waste management system and add an anaerobic digester to the facility. There is no change in the 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
Buessing Holsteins, LLC Brent Buessing 2130 E Rd. Baileyville, KS 66404	SW/4 of Section 23 T02S, R11E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M029
The proposed action is to modify and reissue the existing state/NPDES permit for a facility for a proposed maximum capacity of 150 head (150 animal units) of cattle weighing more than 700 pounds, 150 head (75 animal units) of cattle weighing less than 700 pounds, and 320 head (448 animal units) of mature dairy cows for a total of 620 head (673 animal units). This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to reflect recent changes to the animal waste management system such as robot milkers, alley scrapers, freestalls, and an additional concrete pit.
Name and Address of Applicant	Legal Description	Receiving Water
Calvert Swine, LLC 9605 Road E8 Almena, KS 67622	SW/4 of Section 19 T02S, R21W Norton County	Upper Republican River Basin
Kansas Permit No. A-URNT-H008 Federal Permit No. KS0100421
The proposed action is to modify and reissue an existing state/NPDES permit for an expanding facility for 6,800 head (2,720 animal units) of swine weighing greater than 55 pounds each, and 10,000 head (1,000 animal units) of swine weighing less than 55 pounds each; for a facility total of 3,720 animal units. This permit is being modified to incorporate the addition of a borrow pit that was converted to a retention control structure. There is no change in the 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
Eastside Dairy II, LLC 9620 E. Road 8 Johnson, KS 67855	S/2 of Section 04 & NE/4 of Section 09 T28S, R39W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-D003 Federal Permit No. KS0097501
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 6,000 head (8,400 animal units) of mature dairy cows, 4,800 head (4,800 animal units) of dairy heifers weighing greater than 700 pounds, and 1,200 head (600 animal units) of dairy calves weighing 700 pounds or less. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add open lot pens to the west and a freshwater pond to the south of the existing facility.
Name and Address of Applicant	Legal Description	Receiving Water
Rodney Burdiek 641 Y Rd. Wetmore, KS 66550	SE/4 of Section 01 T05S, R14E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-B010
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of beef cattle weighing more than 700 pounds. The facility will consist of 3 buildings and a waste management system consisting of solid manure storage bins in each building. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Roth Farms – Home Place Ron Roth 1924 Valleyview Rd. Green, KS 67447	W/2 of Section 34 T07S, R04E Clay County	Lower Republican River Basin
Kansas Permit No. A-LRCY-S031
The proposed action is to reissue an existing state permit for an existing facility for 1,438 head (575.2 animal units) of swine weighing more than 55 pounds, 630 head (63 animal units) of swine weighing 55 pounds or less, and 150 head (150 animal units) of cattle weighing more than 700 pounds, for a total of 788.2 animal units of swine and cattle. 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
Seaboard Foods, LLC – Dunn #127 01990 Blvd. W Richfield, KS 67953	SE/4 of Section 06 T32S, R40W Morton County	Cimarron River Basin
Kansas Permit No. A-CIMT-H008 Federal Permit No. KS0097683
The proposed action is to reissue an existing NPDES permit for an existing facility for 10,800 head (1,080 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 Nutrient Management Plan on file with KDHE.

Public Notice No. KS-AG-R-25-004

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

Name and Address of Registrant	Legal Description	County
Merrill Yost Cattle Pens Merrill Yost 1901 N. Halstead Rd. Halstead, KS 67056	NE/4 of Section 10 T23S, R02W	Harvey

Public Notice No. KS-Q-24-025/029

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
Riley, City of PO Box 314 Riley, KS 66531	Kansas River via Wildcat Creek	Treated Domestic
Permit No. M-KS62-OO02 Federal Permit No. KS0093301
Legal Description: SW¼, SW¼, Section 2, Township 9S, Range 5E, Riley County
Location: 39.29347, -96.84715
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 and industrial wastewater from local manufacturers. The detention time at the design flow is 106 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, ammonia, and E. coli. The permit contains monitoring for 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 criteria (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 January 31, 2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 4.2 mg/L for this facility. However, due to anti-backsliding, the previous permit ammonia limit of 3.5 will be applied.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Butler County Commission 121 S. Gordy, Suite 200 El Dorado, KS 67042	Walnut River via Hickory Creek via North Branch of Hickory Creek	Treated Domestic
Permit No. M-WA23-OO01 Federal Permit No. KS0082180
Legal Description: N½, SW¼, SE¼, Section 33, Township 27S, Range 8E, Butler County
Location: 37.65362, -96.53200
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 detention time at the design flow is 123 days. The rated flow for 120 days detention time is 0.0115 MGD. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli. The permit contains monitoring for pH, and Ammonia.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Sunset Stone Company 507 E. 8th St. Alma, KS 66401	Kansas River via Unnamed Tributary	Process Wastewater
Permit No. I-KS74-PO03 Federal Permit No. KS0200030
Legal Description: S½ of Section 13, Township 10S, Range 10E, Wabaunsee County
Location: 39.17809, -96.24805
The proposed action consists of issuing the NPDES permit for this facility for the first time, since it is a new facility. This is a dimensional stone facility that strip mines slab rock that is snapped into size and loaded onto a truck. The rock is not washed. Outfalls 001A, 002A, 003A and 004A consists of stormwater runoff, which is treated by grass filter strips before leaving the site. 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
AAR Component Services 411 North Rd. Wellington, KS 67152		Process Wastewater
Permit No. P-AR92-OO05 Federal Permit No. KSP000087
Legal Description: S½ of Section 13, Township 10S, Range 10E, Wabaunsee County
Location: 39.17809, -96.24805
The proposed action consists of reissuing the above referenced Pretreatment permit. The primary change to the permit is the addition of Outfall 007 and 008, due to a plant expansion. This facility also has a new owner. This facility was formally known as Triumph Accessory Services. This facility repairs and overhauls various commercial and military aircraft components and parts. Outfall 001 consists of boom wash water from an operation located in the North building. Outfall 002 consists of heat exchanger water. Outfall 003 consists of wastes from the plasma spray operation. Outfall 004 consists of wastes from the conversion coating operation, where magnesium parts are dipped in chromic acid, to provide corrosion resistance. Outfalls 005, 007 and 008 consists of non-destructive inspection water and Outfall 006 consists of wastes from a parts washer. Since wastes from these outfalls are either hauled off-site or treated by an on-site evaporator, not all Outfalls discharge to the city sanitary sewer. This permit contains generic language to protect water quality.

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 March 22, 2025, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-25-044/050, KS-AG-R-25-004, KS-Q-24-025/029) 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. 052883