Volume 41 - Issue 22 - Juen 2, 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-22-135/140

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Brookover Feedyard - Scott City Ty Brookover 4000 E. Road 200 Scott City, KS 67871	SE/4 of Section 22 & W/2 of Section 23 T17S, R32W Scott County	Smoky Hill River Basin
Kansas Permit No. A-SHSC-C001 Federal Permit No. KS0038016
The proposed action is to reissue an existing NPDES permit for an existing facility for 26,000 head (26,000 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
Carlen Busenitz 14488 NW 60th St. Whitewater, KS 67154	SE/4 of Section 33 T24S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-B020
The proposed action is to reissue an existing state permit for an existing facility for 995 head (995 animal units) of cattle weighing more than 700 pounds and 10 head (4 animal units) of swine weighing more than 55 pounds, for a total of 999 animal units. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Walter Penner Farm Walter Penner 15622 NW 130th St. Whitewater, KS 67154	SW/4 of Section 29 T23S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-S001
The proposed action is to reissue an existing state permit for an existing facility for 380 head (152 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
Glenn Coberly Feedlot Jim Coberly 691 CR 54 Gove, KS 67736	NW/4 of Section 02 & NE/4 of Section 03 T15S, R28W Gove County	Smoky Hill River Basin
Kansas Permit No. A-SHGO-B032
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle greater 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
Northglen Farms Dr. Paull A. McRae, DVM 1976 250th Rd. Hays, KS 67601	NW/4 of Section 34 T12S, R18W Ellis County	Smoky Hill River Basin
Kansas Permit No. A-SHEL-B004
The proposed action is to reissue an existing state permit for an existing facility for 760 head (380 animal units) of cattle weighing less than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Rock Hog Farm Bruce Feldhause 2166 Ridge Rd. Frankfort, KS 66427	SE/4 of Section 33 T03S, R09E Marshall County	Big Blue River Basin
Kansas Permit No. A-BBMS-S038
The proposed action is to reissue an existing state permit for an existing facility for 820 head (328 animal units) of swine greater than 55 pounds, 400 head (40 animal units) of swine 55 pounds or less, and 80 head (80 animal units) of cattle greater than 700 pounds; for a total of 448 animal units. This represents a decrease in the permitted animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.

Public Notice No. KS-Q-22-049/052

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
Clearwater, City of PO Box 453 Clearwater, KS 67026	Ninnescah River	Treated Domestic Wastewater
Kansas Permit No. M-AR22-OO01 Federal Permit No. KS0022365
Legal Description: SW¼, SE¼, SE¼, S26, T29S, R2W, Sedgwick County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a four-cell wastewater stabilization lagoon system. The proposed permit includes a schedule of compliance stating the permittee shall implement operational changes to improve the quality of effluent and to bring the facility into compliance. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH, E. coli, and chlorides.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Dunn Material Handling, LLC 1022 N. 2nd Fredonia, KS 66736	Verdigris River via Fall River via Unnamed Tributary	Process Wastewater
Kansas Permit No. I-VE18-PO03 Federal Permit No. KS0099520
Legal Description: SW¼, S18, T28S, R14E, Wilson County, Kansas
Facility Name: White Sandstone Quarry
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a limestone quarrying and crushing operation with no washing. Some of the quarry areas are active and others are abandoned and are being reclaimed. Sandstone is ripped with a dozer and pushed into piles and then loaded into trucks with front end loaders and hauled to local cement plants. Outfalls 001A and 002A consist of pit water and stormwater runoff, which flows into settling ponds by gravity, for treatment before discharge. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Fredonia, City of 100 N. 15th St. Fredonia, KS 66736	Fall River	Treated Domestic Wastewater
Kansas Permit No. M-VE18-OO01 Federal Permit No. KS0045985
Legal Description: NE¼, SE¼, SW¼, S14, T29S, R14E, Wilson County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a mechanical wastewater treatment plant consisting of an influent lift station, bar screen, oxidation ditch, final clarification, UV disinfection, sludge drying beds, sludge belt press, sludge loading pad, peak flow pump station, and peak flow storage basin (750,000 gallons). The proposed permit includes a schedule of compliance to implement the requirements of Consent Order No. 19-E-12-BOW from KDHE. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, E. coli, and pH, as well as monitoring for nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total phosphorus, and flow.
Name and Address of Applicant	Receiving Stream	Type of Discharge
St. Francis, City of PO Box 517 St. Francis, KS 67756	South Fork of Republican River	Treated Domestic Wastewater
Kansas Permit No. M-UR18-OO01 Federal Permit No. KS0031089
Legal Description: NW¼, NW¼, NW¼, S23, T3S, R40W, Cheyenne County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a three-cell wastewater stabilization lagoon system. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable condition (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on 5/20/2022 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports, resulting in an ammonia limit of 4.1 mg/L for this facility. The EED was completed on 3/1/2022. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH, E. coli, fluoride, and arsenic.

Public Notice No. KS-EG-22-011/013

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
Northern Natural Gas Company (NNG) 1111 S. 103rd St. Omaha, NE 68124-1000
Facility: Cunningham Storage Facility 20307 NE 150th Avenue Cunningham, KS 67035
Permit No’s: KS-05-151-001, KS-05-151-002, KS-05-151-003
Well Number	Location
WIW #1	Latitude: 37.7321” Longitude: -98.4801”
WIW #2	Latitude: 37.7517” Longitude: -98.5009”
WIW #3	Latitude: 37.76723” Longitude: -98.48393”
Well Number	Legal Description
WIW #1	S1, T27S, R11W, Pratt County
WIW #2	S26, T26S, R11W, Pratt County
WIW #3	S23 T26S, R11W, Pratt County
The proposed action is to reissue three Class V Injection Well permits for the owner/operator listed above. This facility is a porosity natural gas storage facility. Brine produced from the Arbuckle Formation is injected for the purpose of stabilizing the pressure in the Viola Formation to prevent the migration of storage gas. The Viola Formation is a limestone at the base of the formation grading upwards to a dolomite. The Viola Formation is a major oil and gas producer in the area and is used for the storage of natural gas at the NNG facility. The Viola is encountered at a depth of approximately 4285 feet. The Viola Formation is capable of receiving significant quantities of fluid without use of wellhead pressure due to its porous and permeable nature. The injection interval is the Viola Formation from a bottom depth of approximately 4,289 feet to a top depth of approximately 4,301 feet below ground surface. Injection is by means of gravity flow, no pump pressure is allowed during normal injection operation. The maximum rate of injection is 4,000 barrels per day (168,000 gallons per day) per well. All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class V Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-44, appropriate Federal Regulations and the 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 July 2, 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-22-135/140, KS-Q-22-049/052, KS-EG-22-011/013) 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
Secretary

Doc. No. 050187