State of Kansas

Department of Health and Environment

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 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.

Public Notice No. KS-AG-10-025/032

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant

Legal Description

Receiving Water

Ron Heller
1921 W Road
Hunter, KS 67452

SW/4 of Section 28,
T09S, R09W,
Mitchell County

Solomon River Basin

Kansas Permit No. A-SOMC-B018

This is a new permit for a new facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. The proposed construction includes open lot pens and working facilities with permanent grass buffers.

Name and Address of Applicant

Legal Description

Receiving Water

Hemberger Farms
Allen Hemberger, Lawrence Hemberger and Joseph Allen
163 N. Bluff Road
Argonia, KS 67004

NE/4 of Section 12,
T32S, R04W,
Sumner County

Lower Arkansas River Basin

Kansas Permit No. A-ARSU-B001

This is a new permit for an existing facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. A new wastewater control system that will include two sedimentation basins, a new wastewater retention structure, freshwater diversions and a new grass waterway are proposed for this facility.

Name and Address of Applicant

Legal Description

Receiving Water

KRB Pork, Inc.
Robert A. Rogge
11710 Diamond Circle
St. George, KS 66535

SE/4 of Section 10, T05S, R02E, Washington County

Lower Republican River Basin

Kansas Permit No. A-LRWS-H007

Federal Permit No. KS0094956

This permit is being reissued for an existing facility with a maximum capacity of 8,000 head (3,200 animal units) of swine more than 55 pounds. There is no change in the permitted animal units from the previous permit.

Name and Address of Applicant

Legal Description

Receiving Water

Zimmerman Brothers
Joe Zimmerman
424 N.W. 90 Road
Harper, KS 67058

NW/4 of Section 16,
T32S, R07W,
Harper County

Lower Arkansas River Basin

Kansas Permit No. A-LAHP-B001

This permit is being reissued for an existing facility with a maximum capacity of 999 head (999 animal units) beef cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit.

Name and Address of Applicant

Legal Description

Receiving Water

David Oborny
2451 Upland
Marion, KS 66861

SW/4 of Section 05,
T19S, R04E,
Marion County

Neosho River Basin

Kansas Permit No. A-NEMN-B020

This permit is being reissued for an existing facility with a maximum capacity of 137 head (54.8 animal units) of swine more than 55 pounds, 220 head (22 animal units) of swine 55 pounds or less, 80 head (80 animal units) of beef cattle more than 700 pounds and 160 head (80 animal units) of beef cattle 700 pounds or less, for a total of 236.8 animal units. There is no change in the permitted animal units from the previous permit.

Name and Address of Applicant

Legal Description

Receiving Water

Lehman Farms, LLC
Byron Lehman
5309 N. Meridian
Newton, KS 67114

SE/4 of Section 25,
T22S, R01W,
Harvey County

Little Arkansas River Basin

Kansas Permit No. A-LAHV-M010

This permit is being reissued for an existing facility with a maximum capacity of 200 head (280 animal units) of mature dairy cattle and 26 head (13 animal units) of dairy heifers, for a total of 293 animal units. This represents a decrease in animal units from the previous permit.

Name and Address of Applicant

Legal Description

Receiving Water

Maxwell Brothers Livestock
Robert and Jerry Maxwell
14022 150 Road
Smith Center, KS 66967

NE/4 of Section 08
& SE/4 of Section 05,
T03S, R13W,
Smith County

Solomon River Basin

Kansas Permit No. A-SOSM-B021

This permit is being reissued for a confined animal feeding operation for 600 head (600 animal units) of beef cattle weighing more than 700 pounds and 399 head (199.5 animal units) of beef cattle weighing less than 700 pounds. This represents a decrease in the permitted animal units from the previous permit. The permit contains modifications consisting of a new liner and resizing of an existing wastewater retention structure on the north side of the facility.

Name and Address of Applicant

Legal Description

Receiving Water

Fullmer Cattle Company Kansas L.L.C.
Que Fullmer
P.O. Box 986
Syracuse, KS 67878

NE/4 of Section 36,
T24S, R41W,
Hamilton County

Upper Arkansas River Basin

Kansas Permit No. A-UAHM-C005

Federal Permit No. KS0090981

This is a reissuance of a permit for an existing confined animal feeding facility for a maximum of 5,000 head (2,500 animal units) of cattle weighing less than 700 pounds. A new runoff control system is to be constructed.

Public Notice No. KS-Q-10-014/024

The requirements of the draft permits public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-f), and Federal Surface Water Criteria:

Name and Address of Applicant

Receiving Stream

Type of Discharge

Blue Rapids, City of
4 Public Square
Blue Rapids, KS 66411

Big Blue River

Treated Domestic Wastewater

Kansas Permit No. M-BB04-OO01

Federal Permit No. KS0024775

Legal Description: W1⁄2, SW1⁄4, NE1⁄4, S28, T4S, R7E, Marshall County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring for ammonia, total phosphorus, total recoverable copper and lead, and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Butler County Public Works Department
121 S. Gordy, Suite 200
El Dorado, KS 67042

Hickory Creek via
North Branch of Hickory Creek

Treated Domestic Wastewater

Kansas Permit No. M-WA23-OO01

Federal Permit No. KS0082180

Legal Description: N1⁄2, SW1⁄4, SE1⁄4, S33, T27S, R8E, Butler County

Facility Name: Butler County Sewer District No. 17 (Beaumont)

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli, total recoverable copper and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Courtland, City of
P.O. Box 147
Courtland, KS 66939

Beaver Creek via
Unnamed Tributary

Treated Domestic Wastewater

Kansas Permit No. M-LR09-OO01

Federal Permit No. KS0083399

Legal Description: N1⁄2, NE1⁄4, SW1⁄4, S21, T3S, R5W, Republic County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring for ammonia, total phosphorus and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Greenleaf, City of
507 5th St.
Greenleaf, KS 66943

Little Blue River via
Coon Creek via
Unnamed Tributary

Treated Domestic Wastewater

Kansas Permit No. M-BB08-OO01

Federal Permit No. KS0048411

Legal Description: NW1⁄4, S9, T4S, R4E, Washington County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring for ammonia, total phosphorus, total recoverable copper and lead, and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Mankato, City of
217 S. High Street
Mankato, KS 66956

Republican River via
Middle Buffalo Creek

Treated Domestic Wastewater

Kansas Permit No. M-LR16-OO02

Federal Permit No. KS0095231

Legal Description: NW1⁄4, SW1⁄4, S22, T3S, R8W, Jewell County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Marysville, City of
209 N. 8th St.
Marysville, KS 66508

Big Blue River

Treated Domestic Wastewater

Kansas Permit No. M-BB13-OO02

Federal Permit No. KS0092142

Legal Description: SE1⁄4, S31, T2S, R7E, Marshall County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring for ammonia, total phosphorus, nitrate, total Kjeldahl nitrogen, total nitrogen, total recoverable copper and lead, and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Jack Gregg
American Eagle Investments
P.O. Box 11125
Kansas City, KS 66111

Kansas River via Little Muddy Creek

Treated Domestic Wastewater

Kansas Permit No. C-KS72-OO07

Federal Permit No. KS0119911

Legal Description: SE1⁄4, S14, T11S, R16E, Shawnee County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, total residual chlorine, E. coli and pH, aswell as monitoring for ammonia and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Unified School District #345
901 N.W. Lyman Road
Topeka, KS 66608-1900

Soldier Creek via
Halfday Creek via
Unnamed Tributary

Treated Domestic Wastewater

Kansas Permit No. M-KS72-OO18

Federal Permit No. KS0080098

Legal Description: S1⁄2, NW1⁄4, SE1⁄4 and N1⁄2, SW1⁄4, SE1⁄4, S31, T10S,

R16E, Shawnee County

Facility Name: Seaman Senior High School

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring for ammonia, total phosphorus, total recoverable lead and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Vermillion, City of
P.O. Box 127
Vermillion, KS 66544

Black Vermillion River

Treated Domestic Wastewater

Kansas Permit No. M-BB20-OO01

Federal Permit No. KS0085529

Legal Description: SW1⁄4, NW1⁄4, SW1⁄4, S12, T4S, R10E, Marshall County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring for ammonia, total phosphorus, total recoverable copper and lead, and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

WaKeeney, City of
P.O. Box 157
WaKeeney, KS 67672

Big Creek via
Unnamed Tributary

Treated Domestic Wastewater

Kansas Permit No. M-SH38-OO02

Federal Permit No. KS0099309

Legal Description: SE1⁄4, NW1⁄4, SE1⁄4, S16, T12S, R23W, Trego County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ammonia, E. coli and pH.

Name and Address of Applicant

Receiving Stream

Type of Discharge

Whiting, City of
P.O. Box 126
Whiting, KS 66552

Delaware River via
Negro Creek via
Unnamed Tributary

Treated Domestic Wastewater

Kansas Permit No. M-KS81-OO01

Federal Permit No. KS0083372

Legal Description: SW1⁄4, SW1⁄4, SE1⁄4, S27, T5S, R16E, Jackson County

Facility Description: The proposed action is to reissue an existing permit for the operation of an existing lagoon wastewater treatment facility. The proposed permit contains limits for biochemical oxygen demand, total suspended solids and E. coli, as well as monitoring for ammonia and pH.

Public Notice No. KS-NQ-10-005

Name and Address of Applicant

Legal Location

Type of Discharge

Louisville, City of
P.O. Box 234
Louisville, KS 66547

SE1⁄4, SW1⁄4, NW1⁄4,
S21, T9S, R10E,
Pottawatomie County

Nonoverflowing

Kansas Permit No. M-KS37-NO01

Federal Tracking No. KSJ000404

Facility Description: The proposed action is to reissue an existingwastewater permit for an existing nonoverflowing wastewater retention system. Contained in the permit is a schedule of compliance requiring the permittee to complete any upgrades necessary to ensure the additional cell now in use complies with the Kansas MinimumStandards of Design. Discharge of wastewater from this treatment facility to surface waters of the state of Kansas is prohibited by this permit.

Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.

All comments regarding the draft documents or application notices received on or before March 27 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-10-025/032, KS-Q-10- 014/024, KS-NQ-10-005) and name of the applicant/permittee when preparing comments.

After review of any comments received during the public notice period, the Secretary of Health and Environment will issue 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). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water.

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 on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays.

Roderick L. Bremby
Secretary of Health and Environment

Doc. No. 038061