Kansas Register Kris W. Kobach, Secretary of State

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1 Kris W. Kobach, Secretary of State In this issue Vol. 37, No. 35 August 30, 2018 Pages Page Legislature Interim committee schedule Rates Pooled Money Investment Board Notice of investment rates Notices Kansas Department of Transportation Request for comments on STIP amendment Request for technical proposals Notice to contractors Notice to bidders Azura Credit Union Notice of application for change in field of membership Kansas State Employees Health Care Commission Notice of meeting Wichita State University Notice of intent to lease land and/or building space Secretary of State Notice of forfeitures for July Kansas Department of Administration Procurement and Contracts Notice to bidders for state purchases Kansas Governor s Grants Program Notice of available grant funding from the Federal Edward Byrne Memorial Justice Assistance Grant The Kansas Power Pool (KPP), a Municipal Energy Agency Notice of intent to file with the Federal Energy Regulatory Commission for approval of a Joint PURPA Implementation Plan Kansas Department of Health and Environment Notice concerning water pollution control permits/applications Notice of hearing for Henry Creek Sow Farm Doug Claassen Opinions Governmental Ethics Commission Opinion No Bond Sales City of Ottawa, Kansas Summary notice of bond sale City of Winfield, Kansas Summary notice of bond sale Index to administrative regulations...867

2 854 Legislature Legislature Interim Committee Schedule The Legislative Research Department gives notice that the following legislative committees plan to meet on the dates listed below based on current information and subject to change. Requests for accommodation to participate in committee meetings should be made at least two working days in advance of the meeting by contacting Legislative Administrative Services at or TTY 711, or Date Room Time Committee Agenda Aug N 9:00 a.m. Child Welfare System Task Force Recommendations and Presentations of Associated Testimony of Working Group A and Working Group B; Task Force Schedule. Aug S 2:00 p.m. Dyslexia Task Force Subcommittee on Pre-service and In-service Development Aug S 9:30 a.m. Capitol Preservation Committee Sept W 9:30 a.m. Dyslexia Task Force Subcommittee on Evidencebased Reading Practices Sept S 10:00 a.m. Legislative Budget Committee Discussion of pre-service training in other states. Brown v. Board mural installation followup; Visitor s Center floor, signage, and flag poles; update on Eisenhower statue; Mural Conservation report; expansion of Law Enforcement Memorial; Fallen Firefighters Memorial Review dyslexia guidelines from other states and determine best practices. Overview 2018 Session Budget, including Governor s vetoes, expenditures and SGF receipts and profile; review of No Bid or Sole Source State contracts; review of university tuition increases; update on implementation of Safe and Secure Schools Initiative. The (USPS ) is an official publication of the state of Kansas, published by authority of K.S.A The is published weekly and a cumulative index is published annually by the Kansas Secretary of State. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may be purchased for $2. Periodicals postage paid at Topeka, Kansas. POSTMASTER: Send change of address form to, Secretary of State, 1st Floor, Memorial Hall, 120 SW 10th Ave., Topeka, KS Kansas Secretary of State Reproduction of the publication in its entirety or for commercial purposes is prohibited without prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of state agencies may be reproduced in any form without permission. Hard copy subscription information and current and back issues of the (PDF Format) can be found at the following link: Published by Kris W. Kobach Secretary of State 1st Floor, Memorial Hall 120 SW 10th Ave. Topeka, KS Register Office: 1st Floor, Memorial Hall Fax kansasregister@ks.gov Kansas Secretary of State 2018 Vol. 37, No. 35, August 30, 2018

3 Legislature/Rates/Notices 855 Sept. 6 KSU Polytechnic Campus, College Center Conference Room, 2310 Centennial Rd., Salina, Kansas 10:00 am Joint Legislative Transportation Vision Task Force TBD T-Works progress; highway system condition and traffic conditions; system preservation and Kansas Department of Transportation operations; local input testimony. Sept. 11 Washburn University School of Law, 1700 SW College Ave., Topeka, Kansas 1:00 p.m. Dyslexia Task Force Subcommittee on Current State and Federal Law Discuss features of other state statutes and possible recommendations to the full Task Force. Sept. 12 Memorial Hall, 2nd floor Ballroom, 600 N. 7th St., Kansas City, Kansas 10:00 a.m. Joint Legislative Transportation Vision Task Force TBD Sept N 10:00 a.m. Legislative Task Force on Dyslexia Doc. No Review of subcommittee action, recommendations from the KSDE and discussion of future action. Tom Day Director of Legislative Administrative Services Pooled Money Investment Board Notice of Investment Rates The following rates are published in accordance with K.S.A These rates and their uses are defined in K.S.A (b)(c)(d) and K.S.A a(g). Doc. No Effective through Term Rate 1-89 days 1.92% 3 months 2.06% 6 months 2.21% 12 months 2.42% 18 months 2.55% 2 years 2.60% Scott Miller Director of Investments Department of Transportation Request of Comments The Kansas Department of Transportation (KDOT) requests comments on the amendment of the Statewide Transportation Improvement Program (STIP) FY The comprehensive list of project(s) being amended to the STIP may be viewed online at: bureaus/burprogprojmgmt/stip/stip.asp. The project list includes projects for counties, cities, and projects on the State Highway System. The amendment of the STIP requires a public comment period of 14 days. To make comment on this STIP amendment, contact KDOT s Bureau of Program and Project Management, 2nd Floor Tower, 700 SW Harrison, Topeka, KS ; ; fax This information is available in alternative accessible formats. To obtain an alternative format, contact the KDOT Office of Public Affairs, (Voice/ Hearing Impaired 711). The comment period regarding the STIP amendment for these projects will conclude September 12th, Doc. No Department of Transportation Request for Technical Proposals Richard Carlson Secretary Project Information Project 106 C , Kansas Statewide Traffic Engineering Assistance Program (TEAP). Background and Purpose of Project The Kansas Department of Transportation (KDOT) is seeking four (4) consulting engineering firm(s) prequalified in category 231 Traffic Control Analysis and Design to provide services for the project as listed below. Schedule/Deadlines Proposals are due on or before 12:00 p.m. (CST) September 13, 2018, to be delivered via to david.nagy@ ks.gov. Ranking and selection should occur by Septem- (continued) Vol. 37, No. 35, August 30, 2018 Kansas Secretary of State 2018

4 856 Notices ber 27, 2018 and agreement(s) should be in place October 11, Scope of Services to be Performed The Bureau of Local Projects has a Traffic Engineering Assistance Program (TEAP). This program enables the Kansas Department of Transportation to utilize federal funds to assist local political subdivisions in solving traffic engineering operational and safety improvements when they do not have the traffic engineering expertise available. The consultant(s) selected are to provide traffic engineering services during Federal Fiscal Years 2019 thru 2023 throughout the state. The development of detailed plans, designs, specifications, or estimates will not be approved under this program. The following is a list of possible areas where the consultant may be called upon to do work. Work will not be limited to these categories and will depend upon the nature of a project and its impact on traffic safety. Traffic accident analysis; traffic counts; speed surveys; minor traffic generation studies; limited transit analysis; parking problems; capacity analysis; lighting and visibility analysis; traffic signal progression and delay problems; intersection related safety problems; alignment problems; sight distance difficulties; railroad crossings; Central Business District (CBD) circulation studies; pavement marking analysis; high accident area analysis; school signing and markings; signal needs studies; major street operational analysis; and CBD operations, parking, or capacity analysis. Instructions for Proposal No costs shall be contained in the proposal. The proposal must not exceed six (6) pages total (including any cover letter, index, etc.) and 2MB to address the pertinent topics. Proposals submitted will consist of the proposal and a completed and signed Special Attachment No. 7 ( Certificate of Final Indirect Costs ), a completed and signed Special Attachment No. 8 ( Tax Clearance Certificate ), and Special Attachment No. 10 ( Policy Regarding Sexual Harassment ). Completed Special Attachments do not count against the page limitation. All these forms are attached to the original announcement. The proposal shall indicate the consultant s ability to meet the needs described above. The proposal shall describe any processes or procedures, including best practices, that will be used to perform tasks and to produce the desired results described above under Scope of Services. Evaluation Factors Proposals will be evaluated based on the factors listed below, evenly weighted, to select the most qualified firms. 1. Number of traffic engineers and their professional qualifications. 2. Experience of staff with small traffic studies and small traffic projects. 3. Firms ability to take on additional quickly. 4. Firm s performance record. 5. Firm s history working with smaller cities. The firms accounting systems must have the following capabilities before the firm may be awarded a contract. Valid, reliable, and current costs must be available within the system to support cost and pricing data. Capability to provide a means of measuring the reasonableness of incurred costs. Capability to identify and accumulate allowable costs by contract or project records which will reconcile with the general ledger. Ability to provide supporting documentation of actual expenditures for each billing, based on costs. The highest ranked four (4) firm(s) will be asked to enter into an on-call agreement with KDOT. Firms not selected will be notified. Exhibits to this Request for Proposal Special Attachment No. 7 ( Certificate of Final Indirect Costs ) Special Attachment No. 8 ( Tax Clearance Certificate ) Special Attachment No. 10 ( Policy Regarding Sexual Harassment ). Contract Terms and Conditions An on-call professional services agreement specifically for the TEAP program will be utilized and executed with the consultant. Special Attachments for the Kansas Tax Clearance Certificate, the Certification of Final Indirect Costs, and the Special Attachment No. 10 ( Policy Regarding Sexual Harassment ), submitted with the proposal, will also eventually become attachments to the contract. Questions about this request for proposal shall be sent by to KDOT by proposers to david. nagy@ks.gov. The contract will be for five (5) federal fiscal years, with a maximum contract value of $200, per firm per year. An additional qualifications based selection will be used to award each work order. Doc. No Michael Stringer, P.E., Chief Bureau of Local Projects Department of Transportation Notice to Contractors Electronic copies of the letting proposals and plans are available on the Kansas Department of Transportation (KDOT) website at Proposal/Proposal.aspx. The website will allow the contractor to request approval from KDOT to bid as a prime contractor and be included on the Bid Holders List, or to be included on the NonBid Holders List as a subcontractor/supplier. KDOT s approval is required to bid as a prime contractor. To bid as a prime contractor, KDOT needs to be notified of the intent to bid no later than the close of business on the Monday preceding the scheduled letting date. Failure to obtain prior approval to bid as a prime contractor on any projects listed below will be reason to reject your bid. The secretary reserves the right to reject bids that do not comply with all requirements for preparing a bidding proposal as specified in the 2015 edition of the Kansas Department of Transportation Standard Specifications for State Road and Bridge Construction. Kansas Secretary of State 2018 Vol. 37, No. 35, August 30, 2018

5 Notices 857 KDOT will only accept electronic internet proposals using the Bid Express website at until 1:00 p.m. (CST) September 19, KDOT will open and read these proposals at the Eisenhower State Office Building, 700 SW Harrison, Topeka, Kansas, at 1:30 p.m. (CST) September 19, An audio broadcast of the bid letting is available at burconsmain/audio.asp. Each bidder shall certify that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. This certification shall be in the form of a required contract provision provided by the state to each prospective bidder. Failure to complete the required contract provision and certify the completeness of the preceding statement when electronically signing the proposal will make the bid nonresponsive and not eligible for award consideration. District One Northeast Atchison 3 C Bridge over Stranger Creek located 0.5 mile south and 0.5 mile east of Farmington, bridge replacement, 0.3 mile. (Federal Funds) Brown 73-7 KA Bridge #007 over Otter Creek on U.S. 73 located 2.8 miles east of the east U.S. 159/U.S. 73 junction, bridge overlay. (Federal Funds) Brown 36-7 KA Bridge #043 (over local road) on U.S. 36 located 0.51 mile west of U.S. 73, bridge overlay. (Federal Funds) Doniphan 22 C Bridge over tributary to Peters Creek located 0.5 mile east and 1.8 miles north of Troy, bridge replacement, 0.1 mile. (Federal Funds) Johnson KA I-435, sound wall located 0.95 mile west of the Kansas-Missouri state line, noise barrier. (State Funds) Johnson KA Bridge #325 on I-35 located 1.5 miles southwest of the Johnson County line, bridge deck. (Federal Funds) Leavenworth 52 U DeSoto Road from Ida Street to Eisenhower Road in Lansing, grade and surfacing, 2.1 miles. (Federal Funds) Shawnee KA Bridge #240 on U.S. 75 (over Kansas Turnpike Authority) located 8.35 miles north of the Shawnee/Osage county line, bridge repair. (Federal Funds) Statewide 106 KA Various locations in District One in Lyon, Osage, Shawnee, Wyandotte, Leavenworth, Jefferson, and Johnson counties, mud jacking. (State Funds) Wyandotte 105 N Unified Government of Wyandotte County/Kansas City, KS: Safe Routes to School Phase E located near Edison, White, and Noble Prentis elementary schools, pedestrian and bicycle paths, 1.5 miles. (Federal Funds) District Two North Central Ellsworth KA K-156, from the Barton/Ellsworth county line east to the north city limits of Ellsworth, surface recycle, 20.0 miles. (Federal Funds) District Three Northwest Sheridan KA K-23, from the north end of the Portland Cement Concrete Pavement in Hoxie, north 0.1 mile to the U.S. 24/K-23 junction, milling and overlay, 0.1 mile. (Federal Funds) Statewide M K-9, beginning about 600 feet west of Kirwin east to the Phillips/Smith county line and in Smith County beginning at the Phillips/Smith county line east to the U.S. 281/K-9 junction, stockpile bituminous material, 18.3 miles. (State Funds) Statewide KA K-9, beginning about 600 feet west of Kirwin east to the Phillips/Smith county line and in Smith county beginning at the Phillips/Smith county line east to the U.S. 281/K-9 junction, milling and overlay, 18.3 miles. (State Funds) District Four Southeast Neosho 67 C Bridge over Labette Creek on Harper Road located 1.3 miles south and 4.0 miles east of Thayer, bridge replacement, 0.2 mile. (Federal Funds) District Five South Central Barton KA U.S. 281, from the north edge of wearing surface of bridge #100 (over Dry Walnut Creek) just north of Great Bend north to the Kansas and Oklahoma Railroad tracks in the City of Hoisington, milling and overlay, 8.9 miles. (Federal Funds) Kingman KA U.S. 54, beginning at the east Kingman city limits east to the east K-14/U.S. 54 junction, milling and overlay, 9.0 miles. (Federal Funds) Pratt KA U.S. 281, from the north Luka city limits north to the Pratt/Stafford county line, ultra-thin bonded asphalt surfacing, 6.7 miles. (Federal Funds) Rush KA U.S. 183, beginning at the south La Crosse city limits north to the Rush/Ellis county line, milling and overlay, 12.1 miles. (Federal Funds) Stafford KA U.S. 281, from the Pratt/ Stafford county line north to U.S. 281/U.S. 50 junction, ultra-thin bonded asphalt surfacing, 9.1 miles. (Federal Funds) District Six Southwest Lane KA K-96, from 1st Street in Dighton east to the Lane/Ness county line, milling and overlay, 12.3 miles. (State Funds) Morton KA K-27, from the south K-27/K-51 junction north to the Morton/Stanton county line, milling and overlay, 23.8 miles. (Federal Funds) Doc. No Department of Transportation Notice to Bidders Richard Carlson Secretary Sealed bids for School and Activity Buses will be accepted by the Kansas Department of Transportation on behalf of Kansas Unified School Districts and Interlocal Cooperative Agreements until 2:00 p.m. October 10, (continued) Vol. 37, No. 35, August 30, 2018 Kansas Secretary of State 2018

6 858 Notices The Invitation for Bid document can be downloaded at All bids shall be submitted in sealed envelopes addressed to the Kansas Department of Transportation, Fiscal Services Procurement Section, 700 SW Harrison, 2nd Floor- West Wing, Topeka, KS or sent electronically via to and clearly marked as Bid Event ID: CB0008. Doc. No Chris Herrick, Director Fiscal and Asset Management (Published in the August 30, 2018.) Azura Credit Union Notice of Application for Change in Field of Membership The Kansas Department of Credit Unions has received an application for a change in the field of membership for Azura Credit Union, 610 SW 10th Ave., Topeka, Kansas, to alter its field of membership as follows: Removal of the following counties: Cherokee, Crawford, Labette, and Neosho. Addition of the following counties: Brown, Butler, Doniphan, Ellsworth, Greenwood, Jewell, Lincoln, Linn, Marshall, Mitchell, Nemaha, Republic, Rice, Washington, and Woodson. Doc. No Greg A. Winkler President/CEO State Employees Health Care Commission Notice of Meeting A Kansas State Employees Health Care Commission meeting has been scheduled for 1:30 p.m. Wednesday, September 5, 2018, in the KPERS Boardroom, 611 S. Kansas Ave., Topeka, Kansas. If you have any questions, please contact Lea Selleck with the State Employee Health Plan at Doc. No Wichita State University Sarah Shipman, Chair Health Care Commission Notice of Intent to Lease Land and/or Building Space Public notice is hereby given that Wichita State University (WSU) intends to lease available land and building space. The university will consider leasing such property and/or space to those whose presence on campus would advance the university s applied learning vision or its mission as an educational, cultural, and economic driver for Kansas and the greater public good. Because tenant use must be a good fit with the university s educational mission and available space, please be prepared to provide the following information: (1) name; (2) square footage of space needs; (3) equipment, design, or other special needs; (4) description of anticipated use; and (5) the anticipated benefits to the university, its students, and the WSU community (e.g. applied learning, joint research, faculty start-up, etc.). The university will consider serious offers and inquiries from any financially qualified individual, group, organization, or company. If interested, please contact Vice President for Research and Technology Transfer Dr. John Tomblin, john.tomblin@wichita.edu, or Property Manager Crystal Deselms, This publication is being published pursuant to K.S.A a(d) to the extent applicable. Doc. No Crystal Stegeman University Property Manager Office of the Vice President for Administration and Finance Wichita State University Secretary of State Notice of Forfeiture In accordance with Kansas statutes, the business entities organized under the laws of Kansas and the foreign business entities authorized to do business in Kansas that are listed in the linked document were forfeited during the month of July 2018 for failure to timely file an annual report and pay the annual report fee. The lists of forfeited domestic and foreign business entities can be found at the following link under the August 30, 2018 issue of the. Please Note: The lists represents business entities forfeited in July. Any business entity listed may have filed for reinstatement and be considered in good standing. To check the status of a business entity go to the Kansas Business Center s Business Entity Search Station at (select Business Entity Database) or contact the Business Services Division at Doc. No Department of Administration Procurement and Contracts Notice to Bidders Kris W. Kobach Secretary of State Sealed bids for items listed will be received by the director of Procurement and Contracts until 2:00 p.m. on the date indicated. For more information, call : 09/11/2018 EVT Agricultural Vertical Tillage Tool 09/11/2018 EVT Pickup Truck with Bed Topper and Accessories 09/13/2018 EVT Remove and Replace Boiler 09/14/2018 EVT Tree Removal Butler County 09/14/2018 EVT Removed and Replace Make-up Air Unit Kansas Secretary of State 2018 Vol. 37, No. 35, August 30, 2018

7 Notices /17/2018 EVT UAS Systems Drones 09/20/2018 EVT Preventive Maintenance for Autoclaves 09/26/2018 EVT DBE Support Services 09/27/2018 EVT Website Development, Hosting, and Maintenance 09/28/2018 EVT Statewide Cost Allocation Plan SWCAP The above referenced bid documents can be downloaded at the following website: bid-solicitations Additional files may be located at the following website (please monitor this website on a regular basis for any changes/addenda): additional-files-for-bid-solicitations 09/10/2018 A Adjutant General s 35th ID National Guard Detention Pond at Ft. Leavenworth 09/20/2018 A Adjutant General s Salina Building Retrofit Roofing Improvements Information regarding prequalification, projects, and bid documents can be obtained at or admin.ks.gov/offices/ofpm/dcc. Doc. No Tracy T. Diel, Director Procurement and Contracts Governor s Grants Program Notice of Available Grant Funding from the Federal Edward Byrne Memorial Justice Assistance Grant The Kansas Criminal Justice Coordinating Council (KCJCC) establishes the guidelines for the Federal Edward Byrne Memorial Justice Assistance Grant (JAG). The JAG program is authorized by federal law 34 U.S.C The KCJCC and the federal JAG program guidelines establish eligibility criteria that must be met by all organizations that receive JAG funds. Grant funds may be awarded to units of state and local government, Native American Tribes, and nonprofit, community, and faith-based organizations. The primary use of JAG is to support the following purpose areas: (1) law enforcement programs, (2) prosecution and court programs, (3) prevention and education programs, (4) corrections and community corrections programs, (5) drug treatment and enforcement programs, (6) planning, evaluation, and technology improvement programs, (7) crime victim and witness programs, and (8) mental health and related law enforcement and corrections programs. Grant funds must be requested within one or more of the seven purpose areas. Grant funds are available for the funding period of October 1, 2018, through September 30, This grant is competitive and there is a yearly application process with no guarantee of continued funding. This grant opportunity is subject to funding from the United States Department of Justice and may be reduced or rescinded based on guidance or interpretation of grant terms and conditions made by the federal government, including but not limited to applicants compliance with 8 U.S.C In distributing grant funds, priority will be given to applications that clearly support the objectives of the current Kansas Statewide Strategic Plan and to local government applicants who are not eligible to apply directly to the Federal Bureau of Justice Assistance for JAG funding. A copy of the Strategic Plan, as well as a copy of the JAG solicitation, may be downloaded at grants.ks.gov/opportunities/edward-j-byrne-memorialjustice-assistance-grant-(jag). The solicitation is also available on the Governor s Grant Portal at kansas.gov/grants/index.do. All grant applications must be submitted via the Governor s Grant Portal by 11:59 p.m. October 2, To quickly locate the grant in the grant portal, use JAG for the keyword in your search. For more information, contact the Governor s Grants Program at Doc. No Shawn Cowing, Administrator Kansas Governor s Grants Program (Published in The on August 30, 2018) The Kansas Power Pool (KPP), a Municipal Energy Agency Notice of Intent to File with the Federal Energy Regulatory Commission for Approval of a Joint PURPA Implementation Plan The Kansas Power Pool (KPP), a Municipal Energy Agency (the KPP ), on behalf of itself and its member cities listed below (the Participating Members ), hereby gives notice of its intent to file with the Federal Energy Regulatory Commission ( FERC ) requesting approval of a proposed Rules for Compliance (the Plan ) to jointly implement their respective obligations under Section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) ( PURPA ) and under Part 292 of the FERC s Regulations. The Plan provides that (1) the Participating Members will interconnect with any Qualifying Facility ( QF ) that appropriately requests interconnection with their respective electric distribution systems in accordance with PURPA, (2) the KPP will purchase the energy and capacity offered by the interconnected QFs at rates that comply with the requirements of PURPA, and (3) the Participating Members will supply interconnected QFs with backup and supplementary power at rates that comply with PURPA. In the filing with FERC, the KPP, on behalf of itself and the Participating Members, plans to apply for waiver of certain obligations under Section of FERC s Regulations which, if granted, would result in all purchases from QFs being made by the KPP and all sales to QFs interconnected with the Participating Member electric distribution systems being made by the Participating Members. Copies of the proposed Plan will be sent to interested parties upon request. The KPP will also accept written comments on the proposed Plan. The KPP intends to file for approval of the Plan with FERC on or after September (continued) Vol. 37, No. 35, August 30, 2018 Kansas Secretary of State 2018

8 860 Notices 6, FERC will publish notice of the KPP s filing in the Federal Register following receipt of the filing. That notice will specify that any person desiring to be heard in this matter can make the appropriate filing with FERC. Inquiries concerning this matter should be addressed to: Mark Chesney, General Manager & CEO The Kansas Power Pool 100 N. Broadway, Suite L110 Wichita, KS Fax: mchesney@kpp.agency The Participating Members: City of Augusta, Kansas City of Burlington, Kansas Clay Center, Kansas Public Utilities Commission City of Ellinwood, Kansas City of Erie, Kansas City of Glasco, Kansas City of Greensburg, Kansas City of Haven, Kansas City of Hillsboro, Kansas City of Holyrood, Kansas City of Kingman, Kansas City of Lucas, Kansas City of Luray, Kansas City of Marion, Kansas City of Minneapolis, Kansas City of Mount Hope, Kansas City of Mulvane, Kansas City of Oxford, Kansas City of St. Marys, Kansas City of Udall, Kansas City of Waterville, Kansas City of Wellington, Kansas City of Winfield, Kansas Dated this August 17, Doc. No Mark O. Chesney General Manager & CEO Department of Health and Environment Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications In accordance with Kansas Administrative Regulations through 63, through 17, 28-18a-1 through 33, through 154, , 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 /183 Pending Permits for Confined Feeding Facilities Name and Address of Applicant John Hajek 3280 Old Mill Rd. Tampa, KS Legal Description NW/4 of Section 27 T17S, R03E Marion County Kansas Permit No. A-NEMN-C005 Federal Permit No. KS Receiving Water Neosho River Basin This is a new permit for an expanding facility for 3,000 head (3,000 animal units) of cattle weighing greater than 700 pounds. The facility will consist of three (3) drainage areas and a feed storage area which will drain to a waste storage pond. The previously certified facility to the west of the new facility will be abandoned and seeded to grass or cropland. This facility has an approved Nutrient Management Plan on file with KDHE. Name and Address of Applicant Seaboard Foods, LLC - Light Nursery # Hurliman Rd. Guymon, OK Legal Description SW/4 of SW/4 of Section 15 T32S, R40W Morton County Kansas Permit No. A-CIMT-H007 Federal Permit No. KS Receiving Water Cimarron River Basin This is a renewal permit for an existing facility for 12,000 head (1,200 animal units) of swine weighing 55 pounds or less. There is no change in the permitted animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE. Name and Address of Applicant Hoxie Feedyard, Inc N. Road 70 West Hoxie, KS Legal Description All of Section 28 N/2 of Section 33 T07S, R29W Sheridan County Kansas Permit No. A-SOSD-C002 Federal Permit No. KS Receiving Water Solomon River Basin An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 60,000 head (60,000 animal units) of cattle weighing greater than 700 pounds. The update to the NMP includes the addition of four new land application fields. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. Name and Address of Applicant Fanshier Pork Randy Fanshier 2008 NW 10th Ave. Great Bend, KS Legal Description W/2 of Section 4 T21S, R13W Stafford County Kansas Permit No. A-UASF-H001 Federal Permit No. KS Receiving Water Upper Arkansas River Basin An updated Nutrient Management Plan (NMP) was received for an existing facility currently permitted for 3,600 head (1,440 animal units) of swine weighing more than 55 pounds. The facility s NMP has been updated to add one new land application field. There are no changes to the permit. Only the updated portions of the Nutrient Management Plan are subject to comment. Kansas Secretary of State 2018 Vol. 37, No. 35, August 30, 2018

9 Notices 861 Public Notice No. KS-AG-R Per Kansas Statutes Annotated d, the following Registration has been received for a proposed facility: Name and Address of Registrant Livingston Enterprises, Inc. - LEI Washout Facility 500 4th St. Fairbury, NE Legal Description SW/4 of Section 01 T01S, R01E County Washington Public Notice No. KS-Q /125 The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R (b-g), and Federal Surface Water Criteria. Name and Address of Applicant Hays, City of PO Box 490 Hays, KS Receiving Stream Big Creek via Chetolah Creek Kansas Permit No. M-SH16-OO02 Federal Permit No. KS Type of Discharge Treated Domestic Wastewater Legal Description: NE¼, SE¼, SW¼, S3, T14S, R18W, Ellis County, Kansas The proposed action is to modify an existing NPDES/State permit to an existing facility. The current existing facility is a mechanical treatment plant consisting of raw wastewater screening, aerated grit chamber, two primary sedimentation clarifiers, two activated sludge basins, two final sedimentation clarifiers, two tertiary treatment (granular media effluent filters), anaerobic sludge digestion, sand drying beds, disinfection of effluent by chlorination, effluent dechlorination facility (sulfur dioxide), two effluent storage basins for irrigation of golf course, ball fields and sports complex, golf course holding pond with reclaimed effluent pump station and reaeration of effluent. The facility adds ferric sulfate to reduce phosphorus. The facility is upgrading their process which is permitted under M-SH16- OO03. That permit will supersede this permit when the new facility is in operation. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ph, ammonia, E. coli, total residual chloride, and monitoring for flow, total phosphorus, nitrate + nitrite, total Kjeldahl nitrogen, sulfates, dissolved oxygen, whole effluent toxicity, and priority pollutant scan. Name and Address of Applicant Kansas Department of Transportation 700 SW Harrison Topeka, KS Receiving Stream Kansas Permit No. M-MC65-OO01 Federal Permit No. KS Marais des Cygnes River via Unnamed Tributary Type of Discharge Treated Domestic Wastewater Legal Description: SW¼, SW¼, SE¼, S32, T20S, R25E, Linn County, Kansas Facility Name: Linn County U.S. 69 Rest Area The proposed action is to issue a new NPDES/State permit for a new facility. The proposed facility is a three-cell wastewater stabilization lagoon system. The proposed permit contains limits for biochemical oxygen demand and total suspended solids, as well as monitoring for ph, ammonia, and E. coli. Public Notice No. KS-NQ The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R (b-g). Name and Address of Applicant Synata Hugoton, LLC 4575 Weaver Pkwy., Suite 100 Warrenville, IL Kansas Permit No. I-CI07-NO03 Federal Permit No. KSJ Legal Location S18, T33S, R37W, Stevens County, KS Type of Discharge Non-Overflowing Facility Name: Synata Hugoton, LLC (formerly Abengoa Bioenergy Biomass of Kansas) Facility Location: 1043 Road P, Hugoton, KS This proposed action is to reissue an existing Kansas Water Pollution Control Permit for a non-overflowing facility. This facility is currently idle. The proposed permit includes requirements for engineering report and KDHE approval prior to restarting process operations. The requirements for a certified wastewater treatment plant operator and emergency power back-up are waived until restart of operations at the facility. Public Notice No. KS-EG In accordance with K.A.R and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well described below within the. Name and Address of Applicant OneOK Hydrocarbon, L.P. 661 U.S. 56 McPherson, KS Facility Name: OneOK Underground Storage Company, L.L.C. Well and Permit Number Location OneOK #2/KS Latitude: Longitude: Facility Description: The proposed action is to reissue an existing Class I Injection Well permit for the well listed above. Injection of non-hazardous liquid waste is to be made into the Arbuckle Group, through openhole from a depth of 4016 feet to 4400 feet. Disposal will be by means of gravity flow; wellhead pressure will not be allowed. The maximum rate of injection is 1,000,000 gallons per day. All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class I Injection wells under the Kansas UIC Regulations, K.A.R through and other requirements of KDHE. Notice of Intent to Terminate Pursuant to the requirements of K.A.R and K.A.R , the Kansas Department of Health and Environment (KDHE) hereby provides notice of intent to terminate the following KDHE-issued permits. Permit No. Project Name County City G-AR Clearwater Sedgwick Clearwater Wastewater Facility G-MO ADF, LLC Johnson Lenexa G-CI Mike s Pipe Seward Liberal Inspection G-NE Labette County Labette Parsons Landfill G-SA Alsop Sand Co., Inc. Saline Salina Webster Site G-KS Wall Ties and Forms Johnson Shawnee G-KS Paper Stock Dealers (Sonoco) Shawnee Topeka (continued) Vol. 37, No. 35, August 30, 2018 Kansas Secretary of State 2018

10 862 Notices Permit No. Project Name County City G-AR Wichita Mid- Sedgwick Wichita Continent Airport Gate 12 S-WA Marketplace Village Butler Andover Addition S-LA Concierge Surgical Sedgwick Bel Aire Recovery Center S-KS Bohannon Building Leavenworth Bonner Springs S-UA LeMar Lake Gray Cimarron Improvements S-VE Coffeyville MSAT Montgomery Coffeyville Project S-LR Everton Energy LLC Cloud Concordia S-KS th Street Bridge Johnson DeSoto over Cedar Creek Bridge Replacement S-UA Candletree Addition Unit Five Ford Dodge City S-UA Farm Credit Building Ford Dodge City S-UA Prairie Pointe Ford Dodge City Addition S-MC Edgerton Portable Johnson Edgerton Facility S-MC ITL Phase One Johnson Edgerton S-KS Marten Transport Wyandotte Edwardsville Terminal S-KS Okonite Distribution Wyandotte Edwardsville Facility Kansas S-KS Raintree Apartments Wyandotte Edwardsville S-KS Fairfield Addition Douglas Eudora S-MC Fort Scott Ind. Site Bourbon Fort Scott S-NE Bulot Fourth Addition Crawford Frontenac S-NE Quapaw Resort Cherokee Galena Casino and Hotel S-KS Willow Springs and Johnson Gardner Willow Spring S-BB Scott E. Zabokrtsky Washington Hanover Streambank Project S-AR Olive Garden Reno Hutchinson Hutchinson S-AR VigIndustries Brine Reno Hutchinson Cavern #20 Backfilling S-KS Cable Placement Riley Junction City Fort Riley Hospital, Kansas S-SH Deer Creek Addition Unit 2 Geary Junction City S-KS FTRI-003 SFL Landfill Riley Junction City S-KS Peterson Addition Geary Junction City S-LR Sutter Highlands Geary Junction City Subdivision S-MO McDonald s Restaurant and Drive Thru Johnson Kansas City S-MO Meadowlark Heights Wyandotte Kansas City S-KS Transport Truck Sales Wyandotte Kansas City S-MO Turner Hills Ph. I Wyandotte Kansas City S-KS USD 500 BPAC Wyandotte Kansas City S-MO Woodberry Ridge Wyandotte Kansas City S-KS th and Folks Douglas Lawrence S-KS th Street and Iowa Douglas Lawrence Street Geometric Improvements S-KS Wakarusa Build Douglas Lawrence S-KS FTL-72 Quarry Creek Dump Site (Ft. Leavenworth) Leavenworth Leavenworth Permit No. Project Name County City S-MO Centennial Park Johnson Leawood Overbrook S-KS Leabrooke 1st and 2nd Plats Johnson Leawood S-KS Park Place (Retail Site) Johnson Leawood S-KS Parkway Plaza Johnson Leawood S-KS Villas of Whitehorse Johnson Leawood S-KS Lenexa Office Depot Johnson Lenexa S-KS Price Chopper and Johnson Lenexa Retail Shops at Falcon Valley Shopping Center S-KS Stoneview 2nd Plat Johnson Lenexa S-KS Sunridge Canyon Johnson Lenexa S-MC Louisburg Soccer Miami Louisburg Field S-AR Eagle Point Retail Sedgwick Maize S-KS Comm Line Install - Proj Riley Manhattan S-KS Heritage Square North Pottawatomie Manhattan S-KS Landmark Self Riley Manhattan Storage Eureka Addition S-KS McDowell Creek Riley Manhattan Road Improvements S-LA Conway East Portion of 10 Pipeline Project McPherson McPherson S-LA Conway West Portion McPherson McPherson of 10 Pipeline Project S-LA McPherson Museum McPherson McPherson S-KS Timber Ridge Villas Johnson Merriam S-KS Gechter Streambank Atchison Muscotah Rehabilitation Project S-NE Neosho Valley Coffey Neosho Feeders S-KS Springer Addition Riley Ogden S-KS th Street (Old 56 Johnson Olathe Highway to I-35) S-MO Brighton s Landing, Johnson Olathe First Plat S-KS Heritage Crossing Johnson Olathe 1st Plat S-KS Lot 2, Garmin Johnson Olathe Properties, Phase 2 S-KS Persimmon Drive Johnson Olathe S-KS Prairie Farms X Johnson Olathe S-KS Stone Creek Village, Johnson Olathe Second Plat S-MC Maple Lane Franklin Ottawa Residential Subdivision S-MC Westwood Phase II Franklin Ottawa S-MO st and Metcalf Johnson Overland Park Center S-MO Lakeshore Johnson Overland Park S-MO Mills Farm, 8th Plat Johnson Overland Park S-KS Overland Park Regional Medical Center Bed Tower Renovations and Expansion Johnson Overland Park S-MO Rockbrook Office Park Johnson Overland Park S-MO The Farm at Garnet Hill, Third Plat Johnson Overland Park Kansas Secretary of State 2018 Vol. 37, No. 35, August 30, 2018

11 Notices 863 Permit No. Project Name County City S-MO The Vineyard Johnson Overland Park S-MO Wincrest Lot 4 Johnson Overland Park S-KS Woods at Colton Lake Johnson Overland Park S-MC Cottonwood (Paola) Miami Paola S-NE KSAAP Removal Labette Parsons Action, SWMUs 14, 15, 16 S-NE Scott Road Landfill, Labette Parsons LLC S-NE T-Hanger Access Labette Parsons and Drainage Improvements S-KS New Quarry Wabaunsee Paxico (Higgins Stone) S-KS Piper to Wolcott Wyandotte Piper 161-kV Transmission Line Project S-NE Norman C and D Crawford Pittsburg Landfill United Services, LLC (fka Vilela C and D Landfill LLC) S-MC Snow Hill Rock Linn Pleasanton Quarry S-AR Off-System Bridge Pratt Pratt #51 Replacement, N of Waldeck S-UA Phillip Bryan Ness Ransom McDaniel S-KS Flat Water Wind Nemaha Sabetha Energy Project S-SH Kansas Wesleyan Saline Salina University Salina, KS S-SH Trinity United Saline Salina Methodist Church S-KS Advance Auto Parts Johnson Shawnee Shawnee KS S-KS Bichelmeyer Home Johnson Shawnee Place S-KS Eagle View of Grey Johnson Shawnee Oaks 5th Plat S-KS Stone Creek Shoppes Johnson Shawnee S-KS Widmer Retail Johnson Shawnee Center 1st Plat S-MC Country Meadow Industrial Park 4th Plat Johnson Spring Hill S-MC Estates of Wolf Creek Johnson Spring Hill S-MC Estates of Wolf Creek, Johnson Spring Hill 3rd Plat S-MC The Meadows Johnson Spring Hill Residential Subdivision/Quadra S-MO HP Motorplaza Johnson Stillwell S-MO Villas of River Ridge Johnson Stillwell Farms S-KS A New Shawnee Topeka Manufacturing Facility for Mars S-KS Aquarian Acres Shawnee Topeka Subdivision No. 9 S-KS CVS Store #10244 Shawnee Topeka S-KS El Shaddai Ministries Shawnee Topeka S-KS Hickory Ridge Estates Shawnee Topeka No. 10 S-KS Lauren s Bay Estates, Shawnee Topeka Ph. I St. and Storm Sewer Permit No. Project Name County City S-KS Lauren s Bay Shawnee Topeka Subdivision S-KS Street Improvement Project T D Shawnee Topeka S-KS SW Central Park Ave. Shawnee Topeka Street Improvement and Sanitary Sewer Realignment S-KS Topeka Flex Storage Shawnee Topeka Expansion S-KS New Facility for Mars, Inc. Shawnee Wakarusa S-KS Sunset Ridge Unit 2 Pottawatomie Wamego S-AR ; Tyler to Sedgwick Wichita Westlink Transmission Line Rebuild S-AR Buffalo Park Sedgwick Wichita Improvements S-LA CAO DAI Temple (New Facility) Sedgwick Wichita S-AR Edge Water Addition Sedgwick Wichita S-AR Enterprise Rent-A- Sedgwick Wichita Car S-AR Flats 342 Addition Sedgwick Wichita S-WA Future Bound Sedgwick Wichita Office Building S-AR KC-46A Alter Taxiway Foxtrot Sedgwick Wichita S-AR Lot 1, Leedy Addition Sedgwick Wichita S-AR Lots 4 & 5, Block 1, Wheatridge Add. Sedgwick Wichita S-AR Mesa Homes/Wadley Sedgwick Wichita Ranch S-AR Siena Lakes Sedgwick Wichita S-AR Summerfield III Sedgwick Wichita Commercial Part of Lot 1, Blk 1 S-AR Tylers Landing 4th Sedgwick Wichita Addition S-AR Webb Road Business Sedgwick Wichita Park S-AR Willowbend North Estates 2nd Add. Sedgwick Wichita 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 SW Jackson St., Suite 420, Topeka, KS All comments regarding the draft documents or application notices received on or before September 29, 2018, will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS- AG /183, KS-AG-R , KS-Q /125, KS- NQ , KS-EG ) and name of the applicant/ permittee when preparing comments. (continued) Vol. 37, No. 35, August 30, 2018 Kansas Secretary of State 2018

12 864 Notices/Opinions 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 ( 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, 1000 SW Jackson St., Suite 420, Topeka, Kansas. 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 Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Doc. No Jeff Andersen Secretary Department of Health and Environment Notice of Hearing The Kansas Department of Health and Environment has prepared a proposed Kansas Water Pollution Control Permit, A-WABU-S045 for Henry Creek Sow Farm Doug Claassen, located near Potwin, Kansas. This is a new permit for the operation and construction of a confined feeding facility for 1,807 head (722.8 animal units) of swine weighing greater than 55 pounds and 2,200 head (220 animal units) of swine weighing less than 55 pounds. The proposed facility would consist of two enclosed confinement buildings, an animal mortality compost building, and a concrete waste storage tank. The facility would be located in the North Half of Section 17, Township 24 South, Range 4 East in Butler County, Kansas. A notice in the dated July 12, 2018, informed the public of the availability of the proposed water pollution control permit for Henry Creek Sow Farm Doug Claassen. A public hearing has been scheduled in conformance with Kansas Administrative Regulation A public hearing on the proposed permit has been scheduled at 5:30 pm (CST) Tuesday, October 2, 2018, at the Potwin Community House, 201 N. Miller, Potwin, Kansas. Copies of the permit application, the proposed KDHE permit, and other pertinent documents may be viewed at, or requested by writing to: Kansas Department of Health and Environment, Livestock Waste Management Section, 1000 SW Jackson St., Suite 430, Topeka, KS , by phone at , or by fax at Appropriate copying charges will be assessed for each request. Doc. No Jeff Andersen Secretary Governmental Ethics Commission Opinion No Written August 22, 2018 to all interested persons. Synopsis: If childcare expenses would not exist irrespective of the candidacy for public office, and those expenses have a direct connection with or effect upon the campaign of the candidate, then they may be paid with campaign funds. Cited herein: K.S.A Supp a, 52 U.S.C (a), (b); 11 C.F.R , To All Interested Persons, Pursuant to K.S.A , the Kansas Governmental Ethics Commission issues this opinion regarding expenditure of campaign funds for childcare expenses. Issue In general, candidates subject to the requirements of the Kansas Campaign Finance Act may have personal situations affected by a campaign. Paid childcare may be a necessary accommodation for campaigning candidates and officeholders. May campaign funds be used to pay for childcare? Analysis and Opinion Permitted use of campaign funds is provided in K.S.A a(a) which provides: No moneys received by any candidate or candidate committee of any candidate as a contribution under this act shall be used or be made available for the personal use of the candidate and no such moneys shall be used by such candidate or the candidate committee of such candidate except for legitimate campaign purposes, for expenses of holding political office or for contributions to the party committees of the political party of which such candidate is a member. For the purposes of this section, expenditures for personal use shall include expenditures to defray normal living expenses for the candidate or the candidate s family and expenditures for the personal benefit of the candidate having no direct connection with or effect upon the campaign of the candidate or the holding of public office. In Opinion No , we stated: To be a permissible use of campaign funds, an expenditure must be for a legitimate purpose, an expense of holding political office or a contribution to a party committee. In order to be a legitimate campaign purpose or an expense of holding political office, the expenditure must have a direct connection with or effect upon the campaign of the candidate or the holding of public office. All other expenditures are for personal use, and thus are prohibited. [emphasis added] In the same opinion we provided non-exhaustive lists of permissible and non-permissible uses of campaign Kansas Secretary of State 2018 Vol. 37, No. 35, August 30, 2018