Publications iconKansas Register

Volume 40 - Issue 30 - July 29, 2021

State of Kansas

Department of Health and Environment

Notice Concerning Kansas/Federal Water
Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations 28-16-57a 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.

Public Notice No. KS-AG-21-240/247

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Cline Farm & Cattle
Rick Cline
455 Road 9
Weskan, KS 67762
SW/4 of Section 18
T15S, R41W
Wallace County
Smoky Hill River Basin
Kansas Permit No. A-SHWA-B002
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
Wolf Creek Cattle Company, LLC
Fredrick Auchard
1981 S. 850 Rd.
Council Grove, KS 66846
SW/4 of Section 2
T17S, R08E
Morris County
Neosho River Basin
Kansas Permit No. A-NEMR-B011
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle weighing 700 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Homeier Farms, LLC
Gordon Homeier
1585 Avenue B
Ellsworth, KS 67439
SW/4 of Section 1
NW/4 of Section 12
T14S, R09W
Ellsworth County
Smoky Hill River Basin
Kansas Permit No. A-SHEW-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
Darrell L. Allison
1607 Sunset Rd.
Delphos, KS 67436
SW/4 of Section 26
T09S, R03W
Ottawa County
Solomon River Basin
Kansas Permit No. A-SOOT-S012
The proposed action is to reissue an existing state permit for an existing facility for 540 head (216 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Meathook Ranch, Inc.
Fred Berns
1612 60th St.
Peabody, KS 66866
SW/4 of Section 3
T22S, R03E
Marion County
Neosho River Basin
Kansas Permit No. A-NEMN-B009
The proposed action is to reissue an existing state permit for an existing facility for 300 head (150 animal units) of cattle 700 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 Waste Management Plan on file with KDHE.
Name and Address
of Applicant
Legal Description Receiving Water
Bean Brothers Dairy
Max A. Bean
2324 Road 230
Glen Elder, KS 67446
SE/4 of Section 6
T06S, R08W
Mitchell County
Solomon River Basin
Kansas Permit No. A-SOMC-M002
The proposed action is to reissue an existing state permit for an existing facility for 70 head (98 animal units) of mature dairy 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
Farwell Farms #2
Terry Farwell
2980 K-63 Hwy.
Seneca, KS 66538
NW/4 of Section 11
T01S, R12E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-S047
The proposed action is to reissue an existing state permit for an existing facility for 990 head (396 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
Cecil Wiebe
7064 NW 170th St.
Burns, KS 66840
NE/4 of Section 10
T23S, R04E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-B006
The proposed action is to reissue an existing state permit for an existing facility for a maximum capacity of 500 head (200 animal units) of swine more than 55 pounds, 200 head (200 animal units) of cattle more than 700 pounds, and 550 head (275 animal units) of cattle 700 pounds or less, for a total of 675 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.

Public Notice No. KS-AG-R-21-022

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

Name and Address
of Registrant
Legal Description County
High Plains Ranch, LLC
12225 K-160 Hwy.
Satanta, KS 67870
SW/4 of Section 8
SE/4 of Section 8
T28S, R31W
Haskell

Public Notice No. KS-Q-21-058/060

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
Bunge North America, Inc.
11720 Borman Dr.
St. Louis, MO 63146
Saline River via
Mulberry Creek via
Pipe
Process Wastewater
Kansas Permit No. I-SA20-PO04
Federal Permit No. KS0100196
Legal Description: NE¼, S9, T14S, R3W, Saline County
Facility Name: Bunge North America Groundwater Remediation Project
The proposed action is to reissue an existing State/NPDES permit for an existing facility. Groundwater contaminated with grain fumigants is collected in a series of groundwater extraction wells and pumped to a treatment building. Flow from the manifolded groundwater extraction wells enters a perforated tray air stripped with counter-flow air supplied by a centrifugal blower. The air stripper has a maximum capacity of 375 gallons per minute. The proposed permit contains limits for tetrachloromethane and pH, as well as monitoring for flow.
Name and Address
of Applicant
Receiving Stream Type of Discharge
N.R. Hamm Quarry, Inc.
PO Box 17
Perry, KS 66073
Kansas River via
Wakarusa River via
Clinton Lake
Process Wastewater
Kansas Permit No. I-KS88-PO01
Federal Permit No. KS0117901
Legal Description: SW¼ of S35, N½ of the S½ of SW¼ of S35, T13S, R18E, Douglas County, Kansas
Facility Name: Harrell Quarry #53
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation with no washing. Outfall 001A1 consists of pit drainage and stormwater runoff that drains naturally from the quarry pit into a wetland and then to a ditch with a rock check dam and rise pipe, before discharging. The proposed permit contains generic language to protect the waters of the state.
Name and Address
of Applicant
Receiving Stream Type of Discharge
Judd Ranch
20542 S. Stubbs Rd.
Quenemo, KS 66528
Marais des Cygnes River
via Hundred and Ten-Mile
Creek via
Unnamed Tributary
Process Wastewater
Kansas Permit No. I-MC36-PO01
Federal Permit No. KS0101966
Legal Description: S26, T16S, R17E, Franklin County, Kansas
Facility Name: Judd Ranch Quarry
The proposed action is to issue a new State/NPDES permit for a new facility. This facility is engaged in a limestone quarrying operation with no washing. Outfalls 001A1 and 002A1 consist of stormwater runoff, which is treated by a sedimentation pond and grass filter strips, before discharging. 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. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-NQ-21-007

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).

Name and Address
of Applicant
Legal Location Type of Discharge
Seaboard Energy Kansas, LLC
1043 Road P
Hugoton, KS 67951
S18, T33S, R37W,
Stevens County
Non-Overflowing
Kansas Permit No. I-CI07-NO03
Federal Permit No. KSJ000647
Facility Location: NE Intersection of US Highway 56 and Road 10, Stevens County, KS
The proposed action is to reissue an existing State/NPDES permit for an existing non-discharging facility. This facility was previously permitted to Synata Hugoton, LLC. At full production, this facility produces approximately 6,500 barrels per day of renewable diesel by hydrotreating animal fats and vegetable oil feedstocks. The plant generates both contact and non-contact wastewater streams. The non-contact wastewater streams are pumped directly to the storage ponds for evaporation and land application. The contact wastewater streams are treated in an on-site wastewater treatment system with the treated effluent pumped to the storage ponds for evaporation and land application. The proposed permit contains monitoring requirements for chemical oxygen demand, total dissolved solids, total nitrogen, total phosphorus, sulfate, calcium, sodium and chloride.

Public Notice No. KS-EG-21-006

In accordance with K.A.R. 28-46-7 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(s) described below within the State of Kansas.

Name and Address
of Applicant
Occidental Chemical Corporation
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No. KS-03-173-OP2
Legal Description: Pauly 2-1: NE¼, SW¼, SE¼, S20, T29S, R2W, Sedgwick County, Kansas
Pauly 2-2: NE¼, SW¼, SE¼, S20, T29S, R2W, Sedgwick County, Kansas
Pauly 2-3: SE¼, SW¼, SE¼, S20, T29S, R2W, Sedgwick County, Kansas
Pauly 2-4: SW¼, SW¼, SE¼, S20, T29S, R2W, Sedgwick County, Kansas
Pauly 2-5: NW¼, SW¼, SE¼, S20, T29S, R2W, Sedgwick County, Kansas
Well Number Location
2-1 Latitude: 37.50673”
Longitude: -97.55816”
2-2 Latitude: 37.50732”
Longitude: -97.55743”
2-3 Latitude: 37.50614”
Longitude: -97.55742”
2-4 Latitude: 37.50613”
Longitude: -97.55889”
2-5 Latitude: 37.50731”
Longitude: -97.55890”
Facility Description: The proposed action is to reissue five Class III Injection Well permits for the wells listed above. Injection of fresh water is to be made into wells Pauly 2-2, 2-3 and 2-4, into the Hutchinson Salt member of the Wellington formation. Saturated brine will be withdrawn from Pauly 2-1. Pauly 2-5 shall remain shut in. The top of the cavity shall be no shallower than 250 feet below the surface. Mining shall not extend into the upper 40 feet of the salt deposit. The maximum operational injection pressure is not to exceed 130 pounds per square inch at the wellhead. The Wellington formation consists of inter-bedded salt and shale deposits with minor amounts of gypsum. The upper portion of the formation is primarily clayey shale with small amounts of gypsum present. The lower portion, which is known as the Hutchinson Salt member, is mainly salt with inter-bedded shale deposits. The salt deposits are first encountered about 204 feet below ground surface and extend to a depth of about 405 feet. All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class III Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-45 and other requirements of KDHE.

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 August 28, 2021, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-240/247, KS-AG-R-21-022, KS-Q-21-058/060, KS-NQ-21-007, KS-EG-21-006) 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 Matthew Steele Ph.D., P.E., Section Chief, 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 Michael Beezhold 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 Rachel Hammond, BEFS, Livestock Waste Management Section at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Christopher Zwiener, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-3056 or email at Christopher.Zwiener@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.kdheks.gov/feedlots. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Lee A. Norman, M.D.
Secretary

Doc. No. 049321