Publications iconKansas Register

Volume 40 - Issue 22 - June 3, 2021

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-21-195/201

Pending Permits for Confined Feeding Facilities

Name and Address
of Applicant
Legal Description Receiving Water
Sliding K Ranch
Valentine Klenda
1729 310th
Lincolnville, KS 66858
NW/4 of Section 2
T18S, R03E
Marion County
Neosho River Basin
Kansas Permit No. A-NEMN-B019
The proposed action is to reissue an existing state permit for an existing facility for 290 head (116 animal units) of swine more than 55 pounds, 330 head (33 animal units) of swine 55 pounds or less, 200 head (200 animal units) of cattle more than 700 pounds, 200 head (100 animal units) of cattle 700 pounds or less, and 2,500 head (7.5 animal units) of laying hens on a dry litter system, for a total of 456.5 animal units. There will be no change in the operation. The permitted number of animal units have reduced from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Lyle Busenitz
843 N. Holly Rd.
Peabody, KS 66866
SE/4 of Section 29
T21S, R02E
Marion County
Neosho River Basin
Kansas Permit No. A-NEMN-B018
The proposed action is to reissue an existing state permit for an existing facility for 600 head (600 animal units) of beef cattle weighing more than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Cow Camp Ranch, LLC
Jean C. Brunner Trust
3553 Upland Rd.
Lost Springs, KS 66859
NE/4 of Section 9
T17S, R04E
Marion County
Smoky Hill River Basin
Kansas Permit No. A-SHMN-B003
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.
Name and Address
of Applicant
Legal Description Receiving Water
Intervet dba Merck Animal Health
3550 W. 91st
De Soto, KS 66018
SW/4 of Section 29
and NW/4 of Section 32
T12S, R22E
Johnson County
Kansas River Basin
Kansas Permit No. A-KSJO-B001
The proposed action is to reissue an existing state permit for an existing facility for 575 head (230 animal units) of swine weighing more than 55 pounds and 350 head (350 animal units) of cattle weighing greater than 700 pounds, 40 head (4 animal units of sheep/lambs/goats, 250 head (500 animal units) of horses and 150 dogs/100 cats. The facility total maximum animal unit capacity of 1,084 animal units may be reached with any combination of animal types while not exceeding the maximum animal type animal unit capacity and total facility animal unit capacity of 1,084 animal units. There will be no change in the operation or permitted number of animal units from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Houserman Truck Wash
Terry Nelson
1304 W. Fox Rd.
Long Island, KS 67647
E/2 of Section 10
T02S, R21W
Norton County
Upper Republican River Basin
Kansa Permit No. A-URNT-T001
The proposed action is to reissue an existing state permit for an existing facility for that serves a private truck wash utilized for animal wastes. There will be no change in the operation from the previous permit.
Name and Address
of Applicant
Legal Description Receiving Water
Double B&S Cattle Company
10320 Wrangler Rd.
Fowler, KS 67844
SW/4 of Section 15
NW/4 of Section 22
T29S, R26W
Ford County
Cimarron River Basin
Kansas Permit No. A-CIFO-C001
Federal Permit No. KS0115100
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted 3,000 head (3,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include a change in the application rate limitations. The application rate limitations for NE22 and NW22 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. This facility has an approved Nutrient Management Plan on file with KDHE. 
Name and Address
of Applicant
Legal Description Receiving Water
HRC Feedyard #5
5503 E Rd. 210
Scott City, KS 67871
W/2 of Section 24
T17S, R32W
Scott County
Smoky Hill River Basin
Kansas Permit No. A-SHSC-C012
Federal Permit No. KS0086886
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 20,000 head (20,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include the application rate limitations for three fields. The application rate limitation for NE 24 became 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.

Public Notice No. KS-AG-R-21-015/016

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

Name and Address
of Registrant
Legal Description County
Joshua Mueller
315 S. Halstead
Halstead, KS 67056
NE/4 of Section 22
T23S, R02W
Harvey
Name and Address
of Registrant
Legal Description County
Josh Mueller
315 S. Halstead
Halstead, KS 67056
NE/4 of Section 18
T23S, R02W
Harvey

Public Notice No. KS-EG-21-003/004

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
Mid-Continent Fractionation & Storage, LLC
839 Kiowa Rd.
McPherson, KS 67460
Permit No. KS-01-159-008
Legal Description: S26, R7W, T19S, Rice County, Kansas
Well Number Location
DW#2 Latitude N: 38.369581”
Longitude W: -98.069843”
Facility Description: The proposed action is to reissue an existing Class I Injection Well permit for the facility listed above. Injection of non-hazardous liquid waste consisting of waste brines from the underground hydrocarbon storage operation brine. Injection is made into the Arbuckle group through open hole from a depth of 3,684 to 4,184 feet. Disposal will be by means of gravity flow; wellhead pressure will not be allowed. The maximum rate of injection will be 1,250,000 gallons per day. All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class III Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-45 and other requirements of KDHE.
Name and Address of Applicant
Mid-Continent Fractionation & Storage, LLC
839 Kiowa Rd.
McPherson, KS 67460
Permit No. KS-01-159-009
Legal Description: S26, R7W, T19S, Rice County, Kansas
Well Number Location
DW#3 Latitude N: 38.369584”
Longitude W: -98.064741”
Facility Description: The proposed action is to reissue an existing Class I Injection Well permit for the facility listed above. Injection of non-hazardous liquid waste consisting of waste brines from the underground hydrocarbon storage operation brine. Injection is made into the Arbuckle group through open hole from a depth of 3,680 to 4,200 feet. Disposal will be by means of gravity flow; wellhead pressure will not be allowed. The maximum rate of injection will be 1,250,000 gallons per day. All construction, monitoring, and operation of these wells shall meet the requirements that apply to Class III Injection wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-45 and other requirements of KDHE.

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 3, 2021, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-21-195/201, KS-AG-R-21-015/016, KS-EG-21-003/004) 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 Matthew Steele Ph.D., P.E., 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 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 Rachel Hammond, BEFS, Livestock Waste Management Section 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 Christopher Zwiener, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-3056 or email at Christopher.Zwiener@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.kdheks.gov/feedlots. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Lee A. Norman, M.D.
Secretary

Doc. No. 049196