Volume 41 - Issue 28 - July 14, 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-22-168/169

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Lee and Joyce Bracken 9811 Edwards Rd. Fredonia, KS 66736	NW/4 of Section 21 T29S, R14E Wilson County	Verdigris River Basin
Kansas Permit No. A-VEWL-S019
The proposed action is to reissue an existing state permit for an existing facility for 1,320 head (528 animal units) of swine weighing more than 55 pounds and 900 head (90 animal units) of swine weighing less than 55 pounds for a total of 618 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
Beaver Creek Pork, LLC 2457 15th Rd. Barnes, KS 66933	SE/4 of Section 13 T03S, R04E & SW/4 & SE/4 of Section 18 T03S, R05E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H012 Federal Permit No. KS0100692
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,200 head (2,480 animal units) of swine weighing greater than 55 pounds, and 1,980 head (198 animal units) of swine weighing 55 pounds or less; for a total of 2,678 animal units. The facility’s NMP was updated to include the application rate limitation changes. The application rate limitation for five fields have 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-22-060

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
Basehor, City of PO Box 406 Basehor, KS 66007	Stranger Creek via Hog Creek	Treated Domestic Wastewater
Kansas Permit No. M-KS04-OO07 Federal Permit No. KS0094382
Legal Description: SW¼, NW¼, SE¼, S34, T10S, R22E, Leavenworth County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a mechanical treatment facility consisting of headworks with odor control system, dual unit activated sludge Biological Nutrient Removal (BNR) system, two final clarifiers, UV disinfection, cascade aeration, aerated sludge holding tank, and sludge belt filter press. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, ammonia, pH, E. coli, and dissolved oxygen, as well as monitoring for nitrate + nitrite, total Kjeldahl nitrogen, total nitrogen, total phosphorus, and flow.

Public Notice No. KS-EG-22-017

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
Underground Cavern Stabilization, LLC 7513 S. K-14 Hwy. Hutchinson, KS 67501
Operator: Advantek Cavern Solutions, LLC (ACS)
Facility: ACS South Hutchinson Facility
Permit No: KS-05-155-002
Legal Description: S14, T24S, R6W, Reno County, Kansas
Well Number	Location
SW-12	Latitude: 37.96601” Longitude: -97.94781”
SW-13	Latitude: 37.96603” Longitude: -97.94652”
The proposed action is to reissue two Class V chloride/salt/mineral impacted and mineral based material emplacement well/salt caverns for the owner/operator listed above. The emplacement of material is into a salt cavern solutioned mined in the Hutchinson Salt Interval. The Hutchinson Salt interval consists of mostly salt with shale interbeds. The Hutchinson Salt is encountered at a depth of approximately 455 feet. Approximate emplacement depths within the cavern are from 530 feet to 755 feet. Emplacement is by means of pump pressure not to exceed 80 psig and not to exceed 0.75 psi/ft. pressure gradient as calculated at the cavern roof. The maximum rate of emplacement is 12,000 barrels per day (504,000 gallons per day) per well. Well SW-13 is considered full and is in monitoring status. 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 August 13, 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-, KS-Q-22-060, KS-EG-22-017) 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. 050326