Volume 42 - Issue 4 - January 26, 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-23-016/018

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Culwell Ranch Theron Culwell 2827 Road 34 McDonald, KS 67745	SE/4 of Section 14 T01S, R37W Cheyenne County	Upper Republican River Basin
Kansas Permit No. A-URCN-B006
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. 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
Brett Jennings 803 1400th Rd. Oberlin, KS 67749	SE/4 of Section 20 T04S, R28W Decatur County	Upper Republican River Basin
Kansas Permit No. A-URDC-B011
The proposed action is to reissue an existing state permit for an existing facility for 500 head (500 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
Lowry Ranch Calvin Lowry 1369 W. US-36 Hwy. Prairie View, KS 67664	SW/4 of Section 33 T02S, R20W Phillips County	Solomon River Basin
Kansas Permit No. A-SOPL-B011
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.

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
Wheatland Electric Cooperative 1820 W. Kansas Ave. Garden City, KS 67846
Permit No. KS-01-055-003, KS-01-055-004, and KS-01-055-005
Legal Description: NW/4 of Section 13, Township 24 South, Range 33 West of Finney County, Kansas
Well Number	Location
Well #1:	Latitude 37.973677, Longitude -100.894935
Well #2:	Latitude 37.973265, Longitude -100.894939
Well #3:	Latitude 37.972853, Longitude -100.89494
The proposed action is to reissue one Class I Injection Well permit, and issue two new Class I Injection well permits. The renewal applications for permits pertain to one active Class I disposal Well #1 (Permit # KS-01-055-003), and two wells to be drilled, Well #2 (KS No. 01-055-004) and Well #3 (KS No. 01-055-005). Well #1 injects non-hazardous wastewater into the Arbuckle formation through a perforated liner at a depth of 5770 feet to 6475 feet (TVD) with a directional extension of 1380 feet horizontally. Proposed Wells #2 and #3 will inject non-hazardous wastewater into the Arbuckle formation through a perforated liner at an approximate depth of 5725 feet to 6475 feet True Vertical Depth (TVD) with a directional extension of up to 1380 feet horizontally. All construction, monitoring, and operation of these wells has or will meet the requirements that apply to Class I injection wells as outlined in the Kansas Underground Injection Control Regulations, K.A.R. 28-46-1 through 28-46-44. The applicant must agree to all conditions.

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 25, 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-23-016/018, KS-EG-23-001) 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. 050834