Volume 43 - Issue 26 - June 27, 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-24-170/178

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Friona Industries, L.P. - Friona Cattle Feeders North #1 1174 Empire Cir. Satanta, KS 67870	W/2 & NE/4 of Section 09 T28S, R33W Haskell County	Cimarron River Basin
Kansas Permit No. A-CIHS-C005 Federal Permit No. KS0039411
The proposed action is to modify and reissue an existing state permit for an expanding facility for 55,000 head (55,000 animal units) of cattle weighing more than 700 pounds. This permit is being modified to add a manure storage area with a drainage area of approximately 67.6 acres and associated earthen retention structure. 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
Livingston Enterprises, Inc. LEI Flat View, LLC 831 28th Rd. Mahaska, KS 66955	SW/4 of Section 08 T01S, R02E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-H013 Federal Permit No. KS0101087
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,980 head (1,992 animal units) of swine weighing more than 55 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
Setter Farms Mike Setter 2391 Hawaii Rd. Humboldt, KS 66748	NW/4 of Section 03 T26S, R19E & SE/4 of Section 33 T25S, R19E Allen County	Neosho River Basin
Kansas Permit No. A-NEAL-B001
The proposed action is to reissue an existing state permit for an existing facility for 100 head of cattle weighing more than 700 pounds and 200 head of cattle weighing less than 700 pounds, for a total of 200 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
Sellard Farms Robert L. Sellard 12750 Road 131 Bucklin, KS 67834	NW/4 of Section 20 T29S, R21W Ford County	Lower Arkansas River Basin
Kansas Permit No. A-ARFO-B002
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Larson Farm, LLC 17770 Mayday Rd. Green, KS 67447	NE/4 of Section 31 T06S, R05E Riley County	Big Blue River Basin
Kansas Permit No. A-BBRL-B002
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 animal units) of cattle 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
Ryan Blackwood and George Sanneman 1653 Frontier Rd. Clay Center, KS 67432	NE/4 of Section 14 T08S, R01E Clay County	Lower Republican River Basin
Kansas Permit No. A-LRCY-B004
The proposed action is to reissue an existing state permit for an existing facility for 120 head (60 animal units) of cattle 700 pounds or less and 60 head (60 animal units) of cattle more than 700 pounds, for a total of 120 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
Glen Riedy Feedlot Glen Riedy 508 Oat Rd. Hope, KS 67451	SW/4 of Section 14 T16S, R03E Dickinson County	Smoky Hill River Basin
Kansas Permit No. A-SHDK-B032
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
HRC Feed Yard #4 6630 E. Road 130 Scott City, KS 67871	SE/4 of Section 30 T18S, R31W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C025 Federal Permit No. KS0094153
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,837 head (4,837 animal units) of cattle weighing greater than 700 pounds and 3,000 head (1,500 animal units) of cattle weighing less than 700 pounds for a total of 6,337 animal units. The facility’s NMP was updated to include the addition of a land application field. 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
Southwest Plains Dairy, LLC 12701 SW CR 32 Syracuse, KS 67878	S/2 of Section 02 & SE/4 of Section 03 & E/2 of Section 11 & W/2 of Section 12 T26S, R43W Hamilton County	Cimarron River Basin
Kansas Permit No. A-CIHM-D004 Federal Permit No. KS0095702
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 17,300 head (24,220 animal units) of mature dairy cattle, and 11,000 head (11,000 animal units) of cattle weighing greater than 700 pounds; for a total of 35,220 animal units of cattle. The facility’s NMP update included changes in the application rate limitations for their fields. Eight (8) 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. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-EG-22-004/008

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
ONEOK Hydrocarbon, L.P. 11910 S. Broadacres Rd. Hutchinson, KS 67501
Permit No. KS-01-155-003
Legal Description: Section 22, Township 23 South, Range 6 West, Reno County, Kansas
Well Number	Location
Hutchinson #3	38.03110, -97.97326
The permittee shall design, construct, maintain, and operate the permitted well to prevent the possibility of injected fluids being introduced into a useable aquifer or any underground source of drinking water ensuring that injection fluids or other formation fluids do not cause deterioration of the water quality of fresh and/or usable water zones. The well shall be cased and cemented such that it must prevent the loss of fresh and/or usable water due to downward migration and constructed as to prohibit the release of injection fluids into an unauthorized zone. Construction shall also include adherence to operating conditions and procedures, and emergency shutdown procedures specified in the permit application and in this permit.
Name and Address of Applicant
ONEOK Hydrocarbon, L.P. 1910 S. Broadacres Rd. Hutchinson, KS 67501
Permit No. KS-01-155-007
Legal Description: Section 28, Township 23 South, Range 6 West, Reno County, Kansas
Well Number	Location
Hillside #2	38.02387, -97.98782
The permittee shall design, construct, maintain, and operate the permitted well to prevent the possibility of injected fluids being introduced into a useable aquifer or any underground source of drinking water ensuring that injection fluids or other formation fluids do not cause deterioration of the water quality of fresh and/or usable water zones. The well shall be cased and cemented such that it must prevent the loss of fresh and/or usable water due to downward migration and constructed as to prohibit the release of injection fluids into an unauthorized zone. Construction shall also include adherence to operating conditions and procedures, and emergency shutdown procedures specified in the permit application and in this permit.
Name and Address of Applicant
ONEOK Hydrocarbon, L.P. 11910 S. Broadacres Rd. Hutchinson, KS 67501
Permit No. KS-01-155-002
Legal Description: Section 28, Township 23 South, Range 6 West, Reno County, Kansas
Well Number	Location
Hutchinson #2	38.03233, -97.97401
The permittee shall design, construct, maintain, and operate the permitted well to prevent the possibility of injected fluids being introduced into a useable aquifer or any underground source of drinking water ensuring that injection fluids or other formation fluids do not cause deterioration of the water quality of fresh and/or usable water zones. The well shall be cased and cemented such that it must prevent the loss of fresh and/or usable water due to downward migration and constructed as to prohibit the release of injection fluids into an unauthorized zone. Construction shall also include adherence to operating conditions and procedures, and emergency shutdown procedures specified in the permit application and in this permit.
Name and Address of Applicant
Spivey Operator, LLC PO Box 195 Attica, KS 67009
Permit No. KS-01-077-001
Legal Description: Sec. 5, Township 31 South, Range 8 West, Harper County, Kansas
Well Number	Location
#2	37.370806, -98.218622
The permittee shall design, construct, maintain, and operate the permitted well to prevent the possibility of injected fluids being introduced into a useable aquifer or any underground source of drinking water ensuring that injection fluids or other formation fluids do not cause deterioration of the water quality of fresh and/or usable water zones. The well shall be cased and cemented such that it must prevent the loss of fresh and/or usable water due to downward migration and constructed as to prohibit the release of injection fluids into an unauthorized zone. Construction shall also include adherence to operating conditions and procedures, and emergency shutdown procedures specified in the permit application and in this permit.
Name and Address of Applicant
Spivey Operator, LLC PO Box 195 Attica, KS 67009
Permit No. KS-01-077-02
Legal Description: Sec. 15, Township 31 South, Range 8 West, Harper County, Kansas
Well Number	Location
#3	37.373236, -98.218661
The permittee shall design, construct, maintain, and operate the permitted well to prevent the possibility of injected fluids being introduced into a useable aquifer or any underground source of drinking water ensuring that injection fluids or other formation fluids do not cause deterioration of the water quality of fresh and/or usable water zones. The well shall be cased and cemented such that it must prevent the loss of fresh and/or usable water due to downward migration and constructed as to prohibit the release of injection fluids into an unauthorized zone. Construction shall also include adherence to operating conditions and procedures, and emergency shutdown procedures specified in the permit application and in this permit.

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 27, 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-24-170/178; KS-EG-22-004/008) 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. 052253