Volume 41 - Issue 47 - November 24, 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-22-297/302

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
J-Six Farms – North Farm Jennifer Gerety 1829 Q Rd. Oneida, KS 66522	SE/4 of Section 03 T03S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S048
The proposed action is to modify and reissue an existing state permit for a facility for 1,629 head (651.6 animal units) of swine weighing greater than 55 pounds, and 3,200 head (320 animal units) of swine weighing 55 pounds or less; for a total of 971.6 animal units of swine. The only modification is completion of a new farrowing addition, previously approved, to an existing building. There is no change in the 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
Kohman Dairy, LLC George Kohman 8300 E. US-50 Hwy. Syracuse, KS 67878	NW/4 of Section 21 T24S, R39W Hamilton County	Upper Arkansas River Basin
Kansas Permit No. A-UAHM-D002 Federal Permit No. KS0115592
The proposed action is to modify and reissue the existing NPDES permit for a facility for a facility for 5,000 head (7,000 animal units) of mature dairy cattle, 7,000 head (3,5000 animal units) of cattle weighing less than 700 pounds, and 7,000 head (7,000 animal units) of cattle weighing more than 700 pounds for a total of 17,500 animal units. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to add 45-acres of pens, two settling channels, and one new retention control structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Deerfield Dairy, LLC Willen Vanderknaap 2401 Road X Deerfield, KS 67838	SE/4 of Section 05 T23S, R35W Kearny County	Upper Arkansas River Basin
Kansas Permit No. A-UAKE-D002 Federal Permit No. KS0094641
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,500 head (3,500 animal units) of mature dairy cows and 4,000 head (4,000 animal units) of dairy cattle weighing more than 700 pounds for a total of 7,500 animal units of 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Bottorff Turkeys Todd Bottorff 2626 SE Clem Rd. Columbus, KS 66725	NE/4 of Section 33 T33S, R24E Cherokee County	Neosho River Basin
Kansas Permit No. A-NECK-F027
The proposed action is to reissue an existing state permit for an existing facility for 54,000 head (972 animal units) of turkeys. 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
Thermo Fisher Scientific - Blood Production Facility 32252 NW K-31 Hwy. Garnett, KS 66032	NW/4 of Section 32 T19S, R18E Anderson County	Marais des Cygnes River Basin
Kansas Permit No. A-MCAN-L001
The proposed action is to reissue an existing state permit for an existing facility for 6,350 head (635 animal units) of sheep. 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
Wiebe Farms Inc. Doug Wiebe 13232 NW Prairie Creek Rd. Whitewater, KS 67154	SW/4 of Section 28 T23S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-C016 Federal Permit No. KS0100684
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,100 head (1,100 animal units) of cattle weighing more than 700 pounds and 1,400 head (700 animal units) of cattle weighing less than 700 pounds for a total of 1,800 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 Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-113/114

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
El Dorado, City of 220 E. 1st El Dorado, KS 67042	Walnut River	Stormwater
Kansas Permit No. M-WA09-SN01 Federal Permit No. KSR440004
County: Butler
District: South Central
The proposed action is to issue a modified individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants. If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. The permittee may establish an alternative offsite pollution reduction program (offsite program) to invest and install Best Management Practices (BMPs) in rural lands above El Dorado Lake or along the Walnut River and its tributaries in Butler County. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Emporia, City of 2910 W. 24th Emporia, KS 66801	Cottonwood River	Processed Wastewater
Kansas Permit No. I-NE24-PO06 Federal Permit No. KS0099244
Legal Description: SE¼ of Section 21, Township 19S, Range 11E of Lyon County, KS
Facility Location:
Feature Name	Latitude	Longitude
Facility Center	38.42909	-96.21814
Outfall 001A1	38.37630	-96.19221
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a public, lime softening water treatment plant that is designed to treat 15 MGD. Raw water from the Neosho River is treated using pre-sedimentation basins, clarifiers, an ozone unit for primary disinfection and filters before being sent to the Clearwell. Water is then pumped to storage, prior to distribution. The raw water is treated using chlorine, lime, alum, fluoride, ammonia, carbon dioxide and various polymers. Discharges from the primary and secondary clarifiers (86,234 gpd) and filter backwash (142,376 gpd) and miscellaneous floor drains are pumped to the three cell lagoons for treatment, which are located on the south end of Emporia. Domestic wastes are sent to the city sanitary sewer. Outfall 001A consists of the discharge from either of the three lagoons, which is pumped to the Cottonwood River, via an underground pipeline. The proposed permit contains limits for total residual chlorine and total suspended solids, as well as monitoring for pH and total phosphorus.

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:	Sec 30, T29S, R2W, Sedgwick County, Kansas
Well Number	Location
Parsons 4-1:	Latitude: 37.497008” Longitude: -97.575469”
Parsons 4-2:	Latitude: 37.497008” Longitude: -97.574436”
Parsons 4-3:	Latitude: 37.497008” Longitude: -97.573403”
Parsons 4-4:	Latitude: 37.497008” Longitude: -97.572367”
Parsons 4-5:	Latitude: 37.497008” Longitude: -97.571333”
Parsons 5-1:	Latitude: 37.495842” Longitude: -97.575469”
Parsons 5-2:	Latitude: 37.495842” Longitude: -97.574433”
Parsons 5-3:	Latitude: 37.495842” Longitude: -97.5734”
Parsons 5-4:	Latitude: 37.495842” Longitude: -97.572367”
Parsons 5-5:	Latitude: 37.495842” Longitude: -97.571331”
The proposed action is to reissue 10 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. The wells are part of two existing salt solution mining systems consisting of the Parsons 4 and Parsons 5 Galleries in Section 30, Township 29 South, Range 2 West, Sedgwick County, Kansas. The wells are hydraulically connected and must operate with a minimal pressure differential to prevent additional subsurface hydraulic connection. This area permit is for the Parsons 4 Gallery and Parsons 5 Gallery, with area permit number KS-03-173-OPS45. These wells were formerly under Kansas Permit Numbers KS- 03-173-315 through KS-03-173-319, and KS-03-173-OPS5. Injection is to be made into the Hutchinson Salt member of the Wellington formation. 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 about 200 feet below ground surface and extended to a depth of about 460 feet. All construction, monitoring and operation of these wells will meet the requirements that apply to Class III injection wells under Kansas Administrative 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 December 24, 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-22-297/302, KS-Q-22-113/114, KS-EG-22-018) 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 Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@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. 050687