Volume 44 - Issue 19 - May 8, 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-25-130/136

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Blue View Farms Mitchell Schlepp 430 Road 3 Kanorado, KS 67741	SW/4 of Section 14 T05S, R42W Cheyenne County	Upper Republican River Basin
Kansas Permit No. A-URCN-B001
The proposed action is to reissue an existing state permit for an existing facility for 400 head (400 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
Bruce Kershner 1948 K-96 Hwy. Rush Center, KS 67575	SE/4 of Section 22 T18S, R19W Rush County	Upper Arkansas River Basin
Kansas Permit No. A-UARH-B015
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 and 100 head (50 animal units) of cattle 700 pounds or less, for a total of 200 head (150 animal units) of 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
Daniel R. Aker Feedlot Daniel R. Aker Trust No. 1 1821 Fair Rd. Abilene, KS 67410	NE/4 of Section 01 T14S, R01E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B010
The proposed action is to reissue an existing state permit for an existing facility for 600 head (300 animal units) of cattle weighing less 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
J-Six Enterprises, LLC – Henery Site 841 T Rd. Goff, KS 66427	SE/4 of Section 30 T04S, R14E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S035
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
Seaboard Foods, LLC – Shore #239 3101 E. Road 21 Johnson, KS 67855	SW/4 of Section 08 T30S, R40W Stanton County	Cimarron River Basin
Kansas Permit No. A-CIST-H004 Federal Permit No. KS0091782
The proposed action is to reissue an existing NPDES permit for an existing facility for 7,398 head (2,959.2 animal units) of swine weighing 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Sleichter Cattle Jeff Sleichter 629 2500 Ave. Abilene, KS 67410	NW/4 of Section 01 T13S, R01E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B039
The proposed action is to reissue an existing state permit for an existing facility for of 180 head (180 animal units) of cattle more than 700 pounds, and 180 head (90 animal units) of cattle 700 pounds or less, for a total of 270 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
3MK Pork, LLC 2108 Madison Rd. Washington, KS 66968	SW/4 of Section 17 T02S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H002 Federal Permit No. KS0089681
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,000 head (3,200 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include changes to application rate limitations. One field’s rate limitation has become less restrictive than the previous permit. 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-Q-25-086/091

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
Shawnee Couty Public Works Department 1515 NW Saline St. Topeka, KS 66618	Kansas River via Shunganuaga Creek	Treated Domestic
Permit No. M-KS72-OO27 Federal Permit No. KS0117731
Legal Description: SW¼, NE¼, SW¼, Section 17, Township 12S, Range 15E, Shawnee County
Location: 39.00541, -95.77435
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: mechanical bar screening, vortex grit removal, a two basin Aero-Mod activated sludge plant with two final clarifiers, UV disinfection, reaeration, aerated sludge storage tanks, two aerated sludge digestion tanks, a belt filter press, three vacuum assisted sludge drying beds, and a polishing/equalization pond. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Dissolved Oxygen, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl, and Total Nitrogen. Permittee has received a Consent Order Case Docket No. 25-E-002 BOW from KDHE. Permittee shall implement the requirements of the Consent Order and any amendments or replacements thereto.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Little River, City of 320 Main St. PO Box 126 Little River, KS 67457	Little Arkansas River	Treated Domestic
Permit No. M-LA10-OO02 Federal Permit No. KS0085758
Legal Description: NW¼, NW¼, SW¼, Section 16, Township 19S, Range 6W, Rice County
Location: 38.39824, -97.99713
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility discharges to a constructed 2.9 acre wetland cell. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, and E. coli. The permit contains monitoring for pH, Total Phosphorus, Chloride, and Nitrite + Nitrate. 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 February 11, 2025, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.3 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Peerless Products, Inc. 2403 S. Main Fort Scott, KS 66701		Process Domestic
Permit No. P-MC11-OO02 Federal Permit No. KSP000010
Legal Description: Bourbon County
Location: 37.81026, -94.70409
The proposed action consists of reissuing the above referenced Pretreatment permit to this facility. No significant changes were made to the permit. This facility extrudes aluminum from billets and uses a conversion coating operation on aluminum parts, to prepare the metal for paint and/or provide corrosion resistance. Aluminum parts are then fabricated and, in some cases, painted, prior to shipment. This permit contains limits pH. The permit contains monitoring for Chromium, Cyanide, Zinc, Oil and Grease, and Total Toxic Organics.
Name and Address of Applicant	Receiving Stream	Type of Discharge
CX Stone – Tolbert Quarry 29251 Kuenzli Creek Rd. Alma, KS 66401	Kansas River via Mill Creek via Hendricks Creek via Unnamed Tributary	Process Domestic
Permit No. I-KS57-PO10 Federal Permit No. KS0200011
Legal Description: SE¼ of Section 25, Township 11S, Range 9E, Wabaunsee County
Location: 39.6186, -96.35838
The proposed action consists of issuing the above referenced NPDES permit for the first time. The anti-degradation report is attached. This facility mines 14-inch ledge rock used in landscaping and other uses. Outfalls 001A-009A consist of stormwater runoff. No rock washing occurs at this facility. Sanitary waste is managed via portable toilets. This permit contains generic language to protect water quality. 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
CX Stone – Laird Quarry 29251 Kuenzli Creek Rd. Alma, KS 66401	Kanas River via Mill Creek via Hendricks Creek via Unnamed Tributary	Process Domestic
Permit No. I-KS01-PO04 Federal Permit No. KS0200028
Legal Description: S½ of Section 24, Township 11S, Range 9E, Pottawatomie County
Location: 39.074444, -96.372500
The proposed action consists of issuing a new NPDES permit for this facility for the first time. An antidegradation was received and is attached. This facility mines dimensional limestone for retaining walls or other bank stabilization measures. Outfalls 001A-005A consist of stormwater runoff. No rock washing occurs at this facility. Sanitary waste is managed via portable toilets. This permit contains generic language to protect water quality. 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
Mulberry Limestone Co. 325 N. 260th St. Mulberry, KS 66756	Neosho River via Limestone Creek	Process Domestic
Permit No. I-NE12-PO05 Federal Permit No. KS0200031
Legal Description: SW¼, of Section 20, Township 30S, Range 24E, Crawford County
Location: 37.41679, -94.81196
The proposed action consists of reissuing the above referenced NPDES permit for the first time. Since this is a new quarry, an Anti-degradation study was completed. This facility is engaged in a limestone quarry operation with no washing. Outfall 001A and 002A consists of pit de-watering and stormwater run-off. 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 June 7, 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-25-130/136, KS-Q-25-086/091) 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. The 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. 053137