Volume 42 - Issue 28 - July 13, 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-23-204/211

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Schmitt Farms & Feedyard Douglas Schmitt 784 K-181 Hwy. Tipton, KS 67485	NW/4 of Section 32 and SW/4 of Section 29 T08S, R10W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-C007 Federal Permit No. KS0300005
The proposed action is to issue a new NPDES permit for an existing facility for 300 head (150 animal units) of cattle weighing less than 700 pounds, and 6,300 head (6,300 animal units) of cattle weighing greater than 700 pounds. This represents an increase of 5,601 head (5,601 animal units) of cattle weighing greater than 700 pounds from the previous permit. The facility will consist of approximately 75 acres of open lot pens and a waste management system consisting of two wastewater retention structures. This permit is also being modified to change the name from H & D Cattle Company to Schmitt Farms & Feedyard. The facility is proposing to reconstruct the west retention structure as well as construct an additional 10.7 acres of new pens and associated feedlot areas to facilitate the increase in animal units.
Name and Address of Applicant	Legal Description	Receiving Water
Conine Companies, LLC Zachery Conine PO Box 382 Scott City, KS 67871	NW/4 & SE/4 of Section 15 T20S, R32W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-H005 Federal Permit No. KS0094854
The proposed action is to modify the current NPDES permit and Nutrient Management Plan (NMP) for an existing facility for 54,000 head (21,600 animal units) of swine weighing greater than 55 pounds. The proposed modification is to change the Land Application portion of the permit to all export. There are no other changes to the permit or NMP. Only the portions of the permit and NMP being modified are subject to comment.
Name and Address of Applicant	Legal Description	Receiving Water
Krehbiel Farms, Inc. Brad Krehbiel 7102 E. 95th Ave. Buhler, KS 67522	SE/4 of Section 01 T22S, R05W Reno County	Little Arkansas River Basin
Kansas Permit No. A-LARN-H002 Federal Permit No. KS0098680
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,400 head (960 animal units) of swine weighing more than 55 pounds and 3,000 head (300 animal units) of swine weighing 55 pounds or less; for a total of capacity of 5,400 head (1,260 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Brockoff Farms 540 240th St Fairview, KS 66425	SW/4 of Section 23 T02S, R15E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-B002
The proposed action is to reissue an existing state permit for an existing facility for 880 head (880 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
Ridge Line Cattle Company, LLC 14031 O Rd. Smith Center, KS 67967	NE/4 of Section 08 & SE/4 of Section 05 T03S, R13W Smith County	Solomon River Basin
Kansas Permit No. A-SOSM-B021
The proposed action is to reissue an existing state permit for an existing facility for 250 head (250 animal units) of cattle weighing more than 700 pounds and 749 head (374.5 animal units) of cattle weighing less than 700 pounds for a total of 624.5 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
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. One of the field’s application rate limitations has 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
Barton County Feeders, Inc. 1164 SE 40 Rd. Ellinwood, KS 67526	SE/4 of Section 17 & E/2 of Section 20 & W/2 of Section 21 T20S, R11W Barton County	Upper Arkansas River Basin
Kansas Permit No. A-UABT-C007 Federal Permit No. KS0042323
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 35,000 head (35,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for two fields. The fields application rate limitations 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.
Name and Address of Applicant	Legal Description	Receiving Water
Triple H Feeders, LLC 24052 140 Rd. Lebanon, KS 66952	NE/4 of Section 12 & S/2 & NW/4 of Section 01 T03S, R12W and SW/4 of Section 36 T02S, R12W Smith County	Solomon River Basin
Kansas Permit No. A-SOSM-C002 Federal Permit No. KS0092576
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 28,000 head (28,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitation for four fields. The fields’ application rate limitations have become less restrictive than the previous NMP. There is also the addition of two new land application fields. 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.

Public Notice No. KS-AG-R-23-019

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

Name and Address of Registrant	Legal Description	County
JED Trailer Rinse Out Troy Kramer 6713 Pacific St. Corning, KS 66417	SE/4 of Section 35 T04S, R12E	Nemaha

Public Notice No. KS-Q-23-140/141

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
Erie, City of 101 N. Main Erie, KS 66733	Neosho River	Treated Domestic Wastewater
Kansas Permit No. M-NE25-OO01 Federal Permit No. KS0045977
Legal Description: E½, NE¼, Section 5, Township 29S, Range 20E of Neosho County, Kansas
Facility Location: Latitude: 37.55469, Longitude: -95.23837
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. The detention time at design flow is 140 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
Oneida, City of 8205 5th St. Oneida, KS 66522	South Fork Nemaha River via Harris Creek	Treated Domestic Wastewater
Kansas Permit No. M-MO15-OO01 Federal Permit No. KS0093467
Legal Description: NW¼, NW¼, SW¼, Section 23, Township 2S, Range 13E of Nemaha County, Kansas
Facility Location: Latitude: 39.86309, Longitude: -95.93753
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 149 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli; as well as monitoring for pH and Ammonia.

Public Notice No. KS-EG-23-010/011

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
Morton Salt, Inc. 1000 Morton Dr. South Hutchinson, KS 67505
Permit No. KS-03-155-MN1
Legal Description: Sec 14 and 15, T23S, R06W of Reno County, KS
Well Number	Location
N1-1A:	Latitude: 38.0467, Longitude: -97.9601
N1-1:	Latitude: 38.0467, Longitude: -97.9592
N1-2:	Latitude: 38.0468, Longitude: -97.9579
N1-3:	Latitude: 38.0468, Longitude: -97.9566
N1-4:	Latitude: 38.0469, Longitude: -97.9553
Permit applications have been filed with the Department to permit five salt solution mining wells to be drilled in Sections 14 and 15, Township 23, Range 06W, Reno County, Kansas. This area permit is for the N1 Gallery, with area permit number KS03-155-MN1. The production of brine will be by gallery system. An access borehole will be drilled to facilitate the connection of the gallery of wells. The access borehole shall be plugged and abandoned within 90 days of the production wells in N1 Gallery being connected and in communication.
Name and Address of Applicant
Underground Cavern Stabilization, LLC PO Box 225 Great Bend, KS 67530
Permit No. KS-01-155-012
Legal Description: Section 14, Township 24 South, Range 6 West of Reno County, KS
Well Number	Location
AMDW #2:	Latitude: 37.9647694, Longitude: -97.9502389
This application for renewal of an existing permit pertains to the deep Underground Injection Control (UIC) Class I disposal well located at Latitude: 37.9647694, Longitude: -97.9502389; Section 14, Township 24 South, Range 6 West, in Reno County, Kansas. The Advantek Cavern Solutions (ACS) facility is located in South Hutchinson (Fig. 1) and currently operates under one UIC Class V permit (KS-05-155-002) for the emplacement of approved beneficial reuse materials and one UIC Class I permit (AMDW #2) dedicated for brine disposal related to the emplacement operation. This Class I permit authorizes ACS to inject KDHE approved on-site and off-site non-hazardous liquid waste into the Arbuckle Formation. On-site waste fluids shall be defined as fluids generated by the ACS facility. Off-site waste fluids shall be defined as any injected fluid not generated by the ACS facility and are transported to the facility for disposal. All wastes to be injected into AMDW #2 shall meet all acceptance criteria set forth in the Waste Analysis Plan (WAP) approved by KDHE (Attachment II).

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 12, 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-23-23-204/211, KS-AG-R-23-019, KS-Q-23-140/141, KS-EG-23-010/011) 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, Section Chief, 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 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

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