Volume 41 - Issue 10 - March 10, 2022

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-22-066/072

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Molzahn Cattle Company, LLC 877 E. Plains Rd. Agra, KS 67621	SE/4 of Section 18 T03S, R16W Phillips County	Solomon River Basin
Kansas Permit No. A-SOPL-B016
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of beef cattle weighing more than 700 pounds. The facility will consist of approximately 8 total acres of open lot pens, earthen drainage and diversion channels, two sediment basins, connecting drainage pipes with picket dams, and a new wastewater retention structure. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Linchpin Farms, LLC Linchpin Cattle PO Box 124 Kiowa, KS 67070	SW/4 of Section 04 T35S, R11W Barber County	Lower Arkansas River Basin
Kansas Permit No. A-ARBA-B001
The proposed action is to modify and reissue the existing state permit for a facility for a proposed maximum capacity of 999 head (999 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to include the construction of additional pens and a new wastewater retention structure to support the increase in animal units. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Fullmer Cattle Company Que Fullmer PO Box 986 Syracuse, KS 67878	SE/4 of Section 25 &E/2 of Section 36 T24S, R41W Hamilton County	Upper Arkansas River Basin
Kansas Permit No. A-UAHM-C005 Federal Permit No. KS0090981
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 80,000 head (40,000 animal units) of cattle weighing less than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add approximately 6.6 acres of pens in Control Area 3 and a trailer wash that drains to RS-3. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
L-4 Feeders, LLC Lance Hanzlicek 612 Lark Rd. Hope, KS 67451	SW/4 of Section 05 T16S, R03E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-C002 Federal Permit No. KS0086631
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,500 head (3,500 animal units) of cattle weighing 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Tyler Remington 6698 CR Z Quinter, KS 67752	SE/4 of Section 26 T11S, R27W Gove County	Smoky Hill River Basin
Kansas Permit No. A-SHGO-B030
The proposed action is to reissue an existing state permit for an existing facility for 800 head (400 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
Davignon Farms Roger Davignon 2247-B L Rd. Hill City, KS 67642	NE/4 of Section 07 T09S, R23W Graham County	Solomon River Basin
Kansas Permit No. A-SOGH-B004
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Feedyards, Inc. - Ulysses Feedyard 1765 E. Road 21 Ulysses, KS 67880	All of Section 14 & NW/4 of Section 12 T30S, R37W Grant County	Upper Cimarron River Basin
Kansas Permit No. A-CIGT-C003 Federal Permit No. KS0053481
The proposed action is to modify and reissue an existing NPDES permit for a facility with a maximum capacity of 90,000 head (90,000 animal units) of cattle weighing more than 700 pounds. This permit is being modified to add a description of newly constructed evaporation cells. There is no change in the permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-015

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
Frankfort, City of 109 N. Kansas Frankfort, KS 66427	Black Vermillion River via Little Timber Creek via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-BB07-PO02 Federal Permit No. KS0099104
Legal Description: NE¼, S16, T4S, R9E, Marshall County, Kansas
Facility Name: Frankfort GAC Groundwater Remediation Facility
Facility Location: Near the intersection of N. Walnut and E. 8th St., Frankfort, KS
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is an existing groundwater remediation facility, using a two-stage granulated activated carbon (GAC) system to remove carbon tetrachloride from groundwater. Public Water Supply (PWS) well #4 is operated continuously through the GAC system to provide potable water to the city of Frankfort and prevent further migration of contaminated groundwater towards Little Timber Creek. The proposed permit contains limits for carbon tetrachloride.

Public Notice No. KS-EG-22-005

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
Cargill, Inc. PO Box 1403 Hutchinson, KS 67504-1403
Permit No. KS-03-155-248
Legal Description:	N-6: SE¼, SE¼, NE¼, S20, T23, R5W, Reno County, Kansas
Well Number	Location
N-6	Latitude: 38.037035” Longitude: -97.886115”
The proposed action is to modify a Class III Injection Well permit for the well listed above. This well is authorized to mine salt at this facility by solution mining methods. Mining shall be confined to the Hutchinson Salt member of the Wellington formation and the salt solution mining operations (cavern development) shall not extend into the upper 50 feet of the salt deposit. Well N-6 is the horizontal borehole used to connect the production wells in the gallery. Injection into well N-6 occurs only to aid in connecting the production wells with the horizontal borehole. Once the production wells are successfully connected with the horizontal borehole, injection into N-6 shall cease and well N-6 shall be used for withdrawal only. Wellhead pressure is not to exceed 170 psig. 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.

Notice of Intent to Terminate

Pursuant to the requirements of K.A.R. 28-16-60 and K.A.R. 28-16-62, the Kansas Department of Health and Environment (KDHE) hereby provides notice of intent to terminate the following KDHE-issued permits.

State Permit	Project Name	City	County
S-UA14-0146	American Warrior, Inc.	Garden City	Finney
S-MC36-0006	BNSF Railway Company	Pomona	Franklin
S-KS20-0111	Gardner Property Partners, LLC	Gardner	Johnson
S-KS20-0114	Gardner Property Partners, LLC	Gardner	Johnson
S-KS34-0341	Minimally Invasive Surgery Hospital	Lenexa	Johnson
S-KS34-0342	Oddo Development Co., Inc.	Lenexa	Johnson
S-KS52-0549	JC Mulligan Development Group	Olathe	Johnson
S-MO14-0241	TX-Morrow Construction, Inc.	Olathe	Johnson
S-MO28-0498	Davidson AE	Overland Park	Johnson
S-MO28-0499	McClure Engineering	Overland Park	Johnson
S-MC39-0003	BNSF Railway Company	Quenemo	Osage
S-AR29-0090	Derby Destination Development, LLC	Derby	Sedgwick
S-AR29-0091	Wichita Dove Property, LLC	Derby	Sedgwick
S-AR94-0304	Catholic Diocese of Wichita	Wichita	Sedgwick
S-AR94-1548	CNL Real Estate, LLC	Wichita	Sedgwick
S-AR29-0074	Derby Marketplace Four, LLC	Derby	Sedgwick
S-AR94-1443	QuikTrip Corporation	Wichita	Sedgwick
S-AR94-1450	K.E. Miller Engineering	Wichita	Sedgwick
S-AR94-1533	RIC Consultants	Wichita	Sedgwick
S-AR94-1538	Kaw Valley Engineering	Wichita	Sedgwick
S-LA20-0023	Greenwich Hotel, LLC c/o HCW, LLC	Wichita	Sedgwick
S-WA20-0110	MicroMansions	Wichita	Sedgwick
S-CI08-0007	Rocking Heifer, LLC	Johnson City	Stanton
S-AR92-0040	Slate Creek Wind Project, LLC	Wellington	Sumner
S-SH38-0019	Cargill, Inc.	Wakeeney	Trego
S-KS27-0226	Unified Gov’t of WY Co/KCK	Kansas City	Wyandotte
Proposed Action: The Kansas Department of Health and Environment (KDHE) issued Authorizations for stormwater discharges under of the Construction Stormwater General Permit for the above-named projects. K.S.A. 65-166a requires the Secretary of KDHE to assess appropriate annual fees for Authorizations/Permits issued by the Department and provides that failure to pay the annual fee shall be cause for revocation/termination of the Authorization/Permit. The authorized entities named above have failed to comply with the requirement to pay the annual fee. Further, according to K.A.R. 28-16-62(f)-(g), the director has discretion to initiate termination of a permit. Therefore, pursuant to K.S.A. 65-166a, K.A.R. 28-16-60 and K.A.R. 28-16-62, KDHE is hereby providing notice of intent to terminate the Authorizations associated with the projects named herein. The entity may re-instate the Authorization by paying the appropriate annual fees. If you have any questions regarding the termination of your permit, please contact the Stormwater Coordinator.

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 April 9, 2022 will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-22-066/072, KS-Q-22-015, KS-EG-22-005) 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 Paige Drury, 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 Mirina Landry 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.kdhe.ks.gov/livestock. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Acting Secretary

Doc. No. 049914