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Volume 42 - Issue 3 - January 19, 2023

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-23-006/015

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Tuls Dairy Farms, LLC
South of Intersection of K-51 Hwy. and CR C
Liberal, KS 67901		 W/2 of Section 21
T33S, R34W
Seward County		 Cimarron River Basin
Kansas Permit No. A-CISW-D001
Federal Permit No. KS0090620
The proposed action is to modify and reissue an existing State/NPDES permit for a facility for a proposed maximum capacity of 300 head (300 animal units) of dairy heifers and 5100 head (7140 animal units) of mature dairy cattle for a total of 7440 animal units. This permit is being modified to increase the storage capacity of a waste retention control structure, and to add an Anerobic Digester system for biogas generation. 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.
Name and Address
of Applicant		 Legal Description Receiving Water
Seaboard Foods, LLC - Tuttle Nursery #114
751 Road DD
Hugoton, KS 67951		 NE/4 of Section 03
T31S, R38W
Stevens County		 Cimarron River Basin
Kansas Permit No. A-CISV-H007
Federal Permit No. KS0097004
The proposed action is to reissue an existing NPDES permit for an existing facility for 10,800 head (1,080 animal units) of swine weighing 55 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 Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Cattle Empire
Trista Priest
2425 Road DD
Satanta, KS 67870		 E/2 of Section 33
T30S, R34W
Haskell County		 Cimarron River Basin
Kansas Permit No. A-CIHS-C010
Federal Permit No. KS0093611
The proposed action is to reissue an existing NPDES permit for an existing facility for 34,000 head (34,000 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
Wolf Dairy
Noble and Randall Wolf
2460 10th St.
Burns, KS 66840		 S/2 of Section 36
T22S, R04E
Marion County		 Walnut River Basin
Kansas Permit No. A-WAMN-M002
The proposed action is to reissue an existing state permit for an existing facility for 150 head (210 animal units) of mature dairy cattle and 40 head (20 animal units) dairy cattle 700 pounds or less, for a total of 230 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
Spring Valley Farm
Tim Summervill
1626 Turkey Creek Rd.
Marion, KS 66861		 SW/4 of Section 16
T20S, R04E
Marion County		 Neosho River Basin
Kansas Permit No. A-NEMN-B001
The proposed action is to reissue an existing state permit for an existing facility for 950 head (950 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
Buena Vista 1
13495 100 Rd.
Ness City, KS 67560		 SW/4 of Section 16 &
SE/4 of Section 17
T20S, R24W Ness County		 Upper Arkansas River Basin
Kansas Permit No. A-UANS-B001
The proposed action is to reissue an existing state permit for an existing facility for 800 head (800 animal units) of cattle more than 700 pounds and 100 head (50 animal units) of cattle 700 pounds or less, for a total of 900 head (850 animal units) of cattle. 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
Spur Feeders Inc.
848 Republic Rd.
Concordia, KS 66901		 NW/4 of Section 04
T05S, R04W and
SW/4 of Section 33
T04S, R04W
Cloud and Republic Counties		 Lower Republican River Basin
Kansas Permit No. A-LRCD-B001
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
J-Six Enterprises, LLC - Eastgate
1769 Q Rd.
Seneca, KS 66538		 NW/4 of Section 10
T03S, R13E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-S067
The proposed action is to reissue an existing state permit for an existing facility for 1,400 head (560 animal units) of swine more than 55 pounds and 2,520 head (252 animal units) of swine 55 pounds or less, for a total of 3,920 head (812 animal units) of swine. 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
Eldon Sudbeck
2412 J Rd.
Seneca, KS 66538		 SW/4 of Section 03
T02S, R12E
Nemaha County		 Missouri River Basin
Kansas Permit No. A-MONM-B013
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle weighing 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
Ericson Farms, LLC - Cloverdale Farms
1090 Eagle Rd.
Fort Scott, KS 66701		 NE/4 of Section 05
T27S, R23E
Bourbon County		 Marais des Cygnes River Basin
Kansas Permit No. A-MCBB-S009
The proposed action is to reissue an existing state permit for an existing facility for 520 head (208 animal units) of swine weighing more than 55 pounds and 500 head (50 animal units) of swine weighing 55 pounds or less, for a total of 258 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.

Public Notice No. KS-Q-23-010/015

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
Olpe, City of
PO Box 286
Olpe, KS 66865		 Eagle Creek Treated Domestic Wastewater
Kansas Permit No. M-NE52-OO01
Federal Permit No. KS0047571
Legal Description: NE¼, Section 2, Township 21S, Range 11E of Lyon County, Kansas
Facility Location: Latitude: 38.25622, Longitude: -96.16078
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The detention time at design flow is 132 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, and Total Phosphorus.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Lyndon, City of
PO Box 287
Lyndon, KS 66451		 Salt Creek via unnamed tributary Treated Domestic Wastewater
Kansas Permit No. M-MC21-OO02
Federal Permit No. KS0101303
Legal Description: NE¼, Section 8, Township 17S, Range 16E of Osage County, Kansas
Facility Location: Latitude: 38.58849, Longitude: -95.65878
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with an evaporation cell with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The detention time at design flow is 244 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli; as well as monitoring for pH and Ammonia.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Gridley, City of
PO Box 182
Gridley, KS 66852		 Neosho River via
Big Creek via South
Fork Big Creek via
Dinner Creek		 Treated Domestic Wastewater
Kansas Permit No. M-NE32-OO01
Federal Permit No. KS0045993
Legal Description: NW¼, SE¼, SE¼, Section 32, Township 22S, Range 14E of Coffey County, Kansas
Facility Location: Latitude: 38.08562, Longitude: -95.88932
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 134 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
New Strawn, City of
PO Box 922
New Strawn, KS 66839		 Neosho River via unnamed tributary Treated Domestic Wastewater
Kansas Permit No. M-NE51-OO01
Federal Permit No. KS0117030
Legal Description: W½, SW¼, NE¼, Section 3, Township 21S, Range 15E of Coffey County, Kansas
Facility Location: Latitude: 38.25215, Longitude: -95.74606
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential areas. The detention time at the design flow is 143 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Peabody, City of
300 N. Walnut
Peabody, KS 66866		 Cottonwood River via Doyle Creek Treated Domestic Wastewater
Kansas Permit No. M-NE56-OO03
Federal Permit No. KS0097225
Legal Description: SE¼, NW¼, Section 2, Township 22S, Range 3E of Marion County, KS
Facility Location: Latitude: 38.16896, Longitude: -97.07206
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The detention time at design flow is 118 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, and Sulfates.
Name and Address
of Applicant		 Receiving Stream Type of Discharge
Gold Bond Building Products, LLC
1218 SW Mill Rd.
Medicine Lodge, KS 67104		 Arkansas River via
Medicine Lodge River via
Elk Creek/Bear Creek via
unnamed tributary		 Processed Wastewater
Kansas Permit No. I-AR86-PO01
Federal Permit No. KS0092495
Legal Description: S ½ of Section 8, 9, 10, W ½ of Section 11, E ½ of Section 15, 16 and 17, Section 20, Township 31S, Range 15W of Barber County, Kansas
Facility Location: Latitude: 37.35852, Longitude: -98.94400
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility mines and crushes approximately 400,000 tons of gypsum rock a year, in the southeast portion of the site. Outfalls 001A, 004A-008A and 011A-012A and 024A consists of storm-water runoff and discharges from evaporative ponds. Outfall 012A contains spring water and pit de-watering and would also include the discharge from Outfall 013A. Two septic tank systems treat domestic wastes on-site from offices and shops. The proposed permit contains monitoring requirements for Flow and Sulfate.

Public Notice No. KS-EG-23-001

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-OLN2
Legal Description: Section 23, T29S, R3W of Sedgwick County, Kansas
Well I.D. Latitude Longitude
Lemon 2-0: 37.506764” -97.612856”
Lemon 2-1: 37.506764” -97.611822”
Lemon 2-2: 37.506781” -97.610789”
Lemon 2-3: 37.506792” -97.609753”
Lemon 2-4: 37.5068” -97.608719”
Lemon 2-5: 37.506808” -97.607686”
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. Injection is to be made into the Hutchinson Salt member of the Wellington formation. Freshwater shall be injected into and saturated brine withdrawn from wells Lemon 2-1, Lemon 2-2, Lemon 2-3, Lemon 2-4, and Lemon 2-5. Lemon 2-0 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 shall not exceed 130 pounds per square inch at the wellhead.

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 February 18, 2023 will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-006/015, KS-Q-23-010/015) 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
Department of Health and Environment

Doc. No. 050815

Secretary of State Seal