Volume 41 - Issue 26 - June 30, 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-22-153

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Hartter Bros Pork, LLC 2225 192nd Rd. Sabetha, KS 66534	Hartter Bros Pork, LLC 2225 192nd Rd. Sabetha, KS 66534
Legal Description	Receiving Water
NW/4 of Section 27 T02S, R14E Nemaha County	Kansas River Basin
Kansas Permit No. A-KSNM-S046
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 2,400 head (960 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Nemaha County Clerk, the KDHE District Office in Lawrence, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-22-154/158

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Roger F. Murphy Irrevocable Trust Paul Woydziak 355 NW 30 Ave. Great Bend, KS 67530	NW/4 of Section 02 T19S, R14W Barton County	Upper Arkansas River Basin
Kansas Permit No. A-UABT-C005 Federal Permit No. KS0088536
The proposed action is to reissue an existing state permit for an existing facility for 1,350 head (1,350 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Circle R Farms, LLP - River Feedlot 22450 Short Rd. Belvue, KS 66407	NW/4 of Section 04 T10S, R11E Pottawatomie County	Kansas River Basin
Kansas Permit No. A-KSPT-B002
The proposed action is to reissue an existing state permit for an existing facility for 700 head (350 animal units) of cattle 700 pounds or less and 299 head (299 animal units) of cattle more than 700 pounds for a total of 649 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
Waters Farm Johnathan B. Waters 2285 Road P Bird City, KS 67731	NE/4 of Section 24 T03S, R39W Cheyenne County	Upper Republican River Basin
Kansas Permit No. A-URCN-B002
The proposed action is to reissue an existing state permit for an existing facility for 980 head (980 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
DeVon Benfer 1891 N. 180th Rd. Concordia, KS 66901	NE/4 of Section 36 T05S, R03W Cloud County	Lower Republican River Basin
Kansas Permit No. A-LRCD-M002
The proposed action is to reissue an existing state permit for an existing facility for 60 head (84 animal units) of mature dairy cattle weighing greater than 700 pounds, 130 head (65 animal units) of cattle weighing 700 pounds or less and 80 head (80 animal units) of cattle weighing more than 700 pounds; for a total of 229 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
Bethell Hog Farm 32700 Stanley Rd. Melvern, KS 66510	NE/4 of Section 28 T18S, R17E Osage County	Marais des Cygnes River Basin
Kansas Permit No. A-MCOS-H001 Federal Permit No. KS0093734
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,800 head (1,920 animal units) of swine more than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitation for one field. The fields’ application rate limitation had become less restrictive than the previous NMP. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-054/055

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
Norton Correctional Facility PO Box 546 Norton, KS 67654	Prairie Dog Creek via Walnut Creek	Treated Domestic Wastewater
Kansas Permit No. M-UR16-OO02 Federal Permit No. KS0095834
Legal Description: SE¼, SW¼, SW¼, S28, T2S, R22W, Norton County, Kansas
Facility Location: 11130 Road E4, Norton, KS 67654
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a six-cell wastewater stabilization lagoon system. The proposed permit includes a schedule of compliance for the permittee to meet final effluent ammonia limits. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH, E. coli, arsenic, and total phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Stafford, City of PO Box 280 Stafford, KS 67578	North Fork Ninnescah River via Dooleyville Creek	Treated Domestic Wastewater
Kansas Permit No. M-AR84-OO01 Federal Permit No. KS0028231
Legal Description: NE¼, NW¼, SE¼, S18, T24S, R11W, Stafford 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. 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-PT-22-006

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address of Applicant	Receiving Facility	Type of Dischrage
KMW, Ltd. 535 W. Garfield Sterling, KS 67579	Sterling Municipal Wastewater Treatment Plant	Process Wastewater
Kansas Permit No. P-AR85-OO01 Federal Permit No. KSP000113
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures backhoes and end loaders made of steel. The steel is processed in a three-stage phosphating operation, prior to being painted, using well water. Phosphating is considered to be a type of conversion coating operation, which is one of six core processes under the Metal Finishing Standard. Outfall 001 consists of spent phosphating wastes, which is discharged to the city sewer, after the wastewater is treated and solids are removed. The proposed permit has pretreatment limitations for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.

Public Notice No. KS-EG-22-016

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 6200 S. Ridge Rd. Wichita, KS 67215
Permit No. KS-03-173-OLNI
Legal Description:	S29, T29S R3W, Sedgwick County, Kansas
Well Number	Location
Lemon 1-0:	Latitude: 37.505464” Longitude: -97.612897”
Lemon 1-1:	Latitude: 37.505472” Longitude: -97.611864”
Lemon 1-2:	Latitude: 37.505483” Longitude: -97.610828”
Lemon 1-3:	Latitude: 37.505492” Longitude: -97.609794”
Lemon 1-4:	Latitude: 37.5055” Longitude: -97.608761”
Lemon 1-5:	Latitude: 37.505508” Longitude: -97.607728
The proposed action is to reissue six Class III Injection Well permits for the wells listed above. These wells are authorized to mine salt from the Hutchinson Salt Member of the Wellington Formation by solution mining methods or as otherwise specified within the permit. Freshwater shall be injected into and saturated brine withdrawn from wells Lemon 1-1, Lemon 1-2, Lemon 1-3, Lemon 1-4 and Lemon 1-5. Lemon 1-0 is the access well to drill the horizontal borehole to connect the production wells in this gallery. The top of the cavity shall be no shallower than 250 feet below land surface. Mining shall not extend into the upper 50 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 beneath Occidental Chemical Corporation’s salt mining operations described herein are first encountered at about 270 feet below ground surface and extended to a depth of about 470 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 July 30, 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-22-153/158, KS-Q-22-054/055, KS-PT-22-006, KS-EG-22-016) 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. 050280