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Volume 43 - Issue 23 - June 6, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en: KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-24-149/154

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant		 Legal Description Receiving Water
Sublette Feeders
Jeremy Simon
1535 UU Rd.
Sublette, KS 67877		 E/2 & NW/4 of Section 17 &
SE/4 of Section 08
T29S, R31W
Haskell County		 Cimarron River Basin
Kansas Permit No. A-CIHS-C001
Federal Permit No. KS0038075
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 46,000 head (46,000 animal units) of cattle weighing greater than 700 pounds. There is no change in the permitted animal units from the previous permit. This permit is being modified to propose modifications to Area-B and RS 2 to improve drainage, add 10-acres of open-lots that drain to Area D, and interconnect RS 3, 4, and 5 via equalizer pipes. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address
of Applicant		 Legal Description Receiving Water
Jerry Beachy Dairy Farm
Jerry C. Beachy
5817 W. Longview Rd.
Hutchinson, KS 67501		 NE/4 of Section 19
T24S, R06W
Reno County		 Lower Arkansas River Basin
Kansas Permit No. A-ARRN-M037
The proposed action is to modify and reissue an existing state permit for a facility for 140 head (196 animal units) of mature dairy cows, 20 head (20 animal units) of dairy heifers weighing greater than 700 pounds, 130 head (65 animal units) of dairy calves weighing 700 pounds or less, 7 head (14 animal units) of horses, and 80 head (1 animal unit) of laying hens; for a total of 296 animal units. This permit is being modified for the addition of one compost pad and incorporation of heifer pens. 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
Frontier Heifer Ranch
11501 SW CR 31
Syracuse, KS 67878		 All of Section 36
T25S, R42W
Hamilton County		 Cimarron River Basin
Kansas Permit No. A-CIHM-C001
Federal Permit No. KS0088498
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 9,000 head (9,000 animal units) of cattle weighing more than 700 pounds and 4,000 head (2,000 animal units) of cattle weighing less than 700 pounds; for a total of 11,000 animal units of cattle. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitations one field has 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.
Name and Address
of Applicant		 Legal Description Receiving Water
Frontier Dairy
11501 SW CR 31
Syracuse, KS 67878		 E/2 & SW/4 of Section 31 &
SW/4 of Section 32
T25S, R42W
Hamilton County		 Cimarron River Basin
Kansas Permit No. A-CIHM-D002
Federal Permit No. KS0094366
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 9,350 head (13,090 animal units) of mature dairy cows, and 6,700 head (3,350 animal units) of dairy calves; for a total of 16,440 animal units. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitations for eight 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.
Name and Address
of Applicant		 Legal Description Receiving Water
Stone Post Dairy, LLC
33002 SE K Rd.
Jetmore, KS 67854		 W/2 of Section 12
T23S, R23W
Hodgeman County		 Upper Arkansas River Basin
Kansas Permit No. A-UAHG-D001
Federal Permit No. KS0115061
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,000 head (7,000 animal units) of mature dairy cows, 850 head (850 animal units) of dairy cattle weighing greater than 700 pounds, and 1,600 head (800 animal units) of dairy cattle weighing 700 pounds or less; for a total of 8,650 animal units of dairy cattle. The facility’s NMP update included changes in the application rate limitations for their fields. Two of the field’s application rate limitations have become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit are subject to comment.
Name and Address
of Applicant		 Legal Description Receiving Water
Lakin Dairy, LLP
771 Road R
Lakin, KS 67860		 SE/4 of Section 29 &
N/2 & SE/4 of Section 32
T25S, R36W
Kearny County		 Upper Arkansas River Basin
Kansas Permit No. A-UAKE-D001
Federal Permit No. KS0093599
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 22,660 animal units consisting of 15,700 head (15,700 animal units) of cattle weighing greater than 700 pounds, 3,000 head (1,500 animal units) of cattle weighing 700 pounds or less, and 3,900 head (5,460 animal units) of mature dairy cows (lactating and dry). The facility’s NMP update included changes in the application rate limitations for their fields. The application rate limitation for one field has become less restrictive than the previous NMP. Only the updated portion of the Nutrient Management Plan and permit are subject to comment.

Public Notice No. KS-AG-R-24-010

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility.

Name and Address
of Registrant		 Legal Description County
Mike Rogers Farm
Michael Rogers
2555 Locust Rd.
Fort Scott, KS 66701		 NW/4 of Section 26
T25S, R25E		 Bourbon

Public Notice No. KS-EG-22-001

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
Northern Natural Gas Company
1111 S. 103rd St.
Omaha, NE 68124-1000
Permit No. KS-05-095-004
Legal Description: Kingman County
Well Number Location
WIW #4 37.686698, -98.427521
The permittee is authorized to inject brine produced from the Lower Mississippian and/or Arbuckle Formation for the purpose of stabilizing the pressure in the Viola Formation to prevent the migration of stored gas. The injected fluid originates from Water Withdrawal Well #3 (WWW-3), which will be sampled and tested prior to commencement of injection. An injected water treatment program, if needed, will be communicated to KDHE and implemented following analysis. Water from the withdrawal well will be pumped directly to WIW-4 for injection by gravity feed.
Name and Address
of Applicant
Morton Salt
1000 Morton Dr.
South Hutchinson, KS 67505
Permit No. KS-03-155-MNW1
Legal Description: Sec 22, T23S, R06W, Reno County
Well Number Location
NW1-1 38.038806, -97.960403
NW1-2 38.039827, -97.960447
NW1-3 38.040842, -97.960452
NW1-4 38.041861, -97.960459
Permit applications have been filed with the department to permit five salt solution mining wells to be drilled in Section 22, Township 23, Range 06W, Reno County, Kansas. This area permit is for the NW1 Gallery, with area permit number KS-03-155-MNW1. These wells were formerly under Kansas Permit Numbers KS-03-155-232 through KS-03-155-235.

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 6, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-149/154, KS-AG-R-24-10, KS-EG-22-002/003) 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 Casey Guccione, 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 Andrew Bowman 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 Jada Martin at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE: 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico: kdhe.feedlots@ks.gov; por teléfono: 785-296-6432. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 052187

Secretary of State Seal