State of Kansas

Department of Health and Environment

Notice Concerning Kansas/Federal Water - Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through

32, 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-11-196/206

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant

Don & Kris Haverkamp

1827 U.S. 75 Hwy.

Fairview, KS 66425

Legal Description

SW/4 of Section 22, T03S, R15E, Brown County

Receiving Water

Kansas River Basin

Kansas Permit No. A-KSBR-M002

This is a new permit for an existing facility for 46 head (46 animal units) of beef cattle weighing more than 700 pounds, 30 head (15 animal units) of beef cattle weighing less than 700 pounds and 170 head (238 animal units) of mature dairy cattle, for a total of 299 animal units. A new freestall building and wastewater control system is proposed at this dairy facility. The system will include two drainage channels, a solid manure storage structure, sedimentation basin and an earthen wastewater retention structure.

Name and Address of Applicant

Daryl & Craig Deters Dairy

433 State Hwy. 9

Centralia, KS 66415

Legal Description

SW/4 of Section 03, T04S, R11E, Nemaha County

Receiving Water

Big Blue River Basin

Kansas Permit No. A-BBNM-M013

This is a new permit for a previously certified facility. The proposed permitted facility will have a capacity of 150 head (210 animal units) of mature dairy cattle, 30 head (30 animal units) of cattle weighing greater than 700 pounds and 40 head (20 animal units) of cattle weighing less than 700 pounds. Proposed modifications to the facility will be the abandonment of existing pen areas, construction of two new concrete pits for waste storage, new diversions to control drainage, four new grass buffer areas and construction of new pen areas.

Name and Address of Applicant

Pawnee River Farms, Inc.

31634 N.E. 231 Road

Hanston, KS 67849

Legal Description

SE/4 of Section 17, T22S, R22W, Hodgeman County

Receiving Water

Upper Arkansas River Basin

Kansas Permit No. A-UAHG-C012 Federal Permit No. KS0100188

This is a permit reissuance and modification for an expanding livestock facility with a proposed maximum capacity of 1,899 head (949.5 animal units) of cattle weighing 700 pounds or less. This represents an increase in the permitted animal units from the previous permit. Proposed modifications to the facility include the construction of approximately 6.14 acres of open lot pens and miscellaneous feedlot area, a diversion, a sediment basin and an earthen retention structure. Approximately 0.9 acres of existing pen area will be abandoned and re-established to vegetation. This facility has an approved Nutrient Management Plan on file with KDHE.

Name and Address of Applicant

Hy-Plains Feed Yard, LLC

Montezuma, KS 67867

Legal Description

W/2 & NE/4 of Section 31, T28S, R29W & S/2 of Section 36, T28S, R30W, Gray County

Receiving Water

Cimarron River Basin

Kansas Permit No. A-CIGY-C001 Federal Permit No. KS0115738

This permit is being reissued with modifications for an existing confined animal feeding operation with the capacity for 52,300 head (52,300 animal units) of dairy cattle. Modifications to the permit consist of the expansion of two existing earthen retention structures to provide additional storage capacity for the facility. There is no change in the permitted animal unit capacity for the facility. There is no change in the permitted animal unit capacity from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE.

Name and Address of Applicant

Reeve Cattle Company, Inc.

5665 S. Old Hwy. 83

Garden City, KS 67846

Legal Description

E/2 & NW/4 of Section 13 & SW/4 of Section 12, T25S, R33W, Finney County

Receiving Water

Upper Arkansas River Basin

Kansas Permit No. A-UAFI-C018 Federal Permit No. KS0091731

This is a permit modification and reissuance for an expanding livestock facility with the proposed maximum capacity of 40,000 head (40,000 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. Proposed modifications to the facility include the construction of approximately 22.0 acres of open lot pens and feed roads, and an additional earthen retention structure. Surface runoff will be collected by seven earthen retention structures. This facility has an approved Nutrient Management Plan on file with KDHE.

Name and Address of Applicant

Roth Farms - Richter Unit

10975 Lasita Road

Leonardville, KS 66449

Legal Description

SE/4 of Section 11, T08S, R04E, Riley County

Receiving Water

Lower Republican River Basin

Kansas Permit No. A-LRRL-S001

This is a permit modification and reissuance for an existing swine facility with the maximum capacity of 676 head (270.4 animal units) of swine weighing greater than 55 pounds and 1,000 head (100 animal units) of swine weighing 55 pounds or less, for a total of 370.4 animal units of swine. Wastewater is collected by two earthen retention control structures. Modifications to the permit include the addition of a composting area.

Name and Address of Applicant

F. Morgan Feedyard &

J & N Ranch Sale Barn

Joe & Norma Hoagland

25332 Wolcott Road

Leavenworth, KS 66048

Legal Description

NW/4 of Section 33, T09S, R23E, Leavenworth County

Receiving Water

Missouri River Basin

Kansas Permit No. A-MOLV-B001

The permit is being modified. There will be no changes to the number of cattle at the facility. The permittee is proposing the construction of a hoop barn at the south edge of the existing facility. The approximate dimensions are 57 feed by 192 feet.

Name and Address of Applicant

33670 Quivira Road

Paola, KS 66071

Legal Description

NW/4 of Section 11, T18S, R24E, Miami County

Receiving Water

Marais des Cygnes River Basin

Kansas Permit No. A-MCMI-S032

This permit is being reissued for an existing facility with a maximum capacity of 300 head (120 animal units) of swine more than 55 pounds. There is no change in the permitted animal units from the previous permit cycle.

Name and Address of Applicant

Norbert L. Burkhart

41020 S.E. Q Road

Hanston, KS 67849

Legal Description

SW/4 of Section 08, T22S, R21W, Hodgeman County

Receiving Water

Upper Arkansas River Basin

Kansas Permit No. A-UAHG-B010

This permit is being reissued for an existing facility with a maximum capacity of 600 head (300 animal units) of cattle 700 pounds or less. There is no change in the permitted animal units from the previous permit cycle.

Name and Address of Applicant

29645 N.W. Marshall Road

Garnett, KS 66032

Legal Description

SE/4 of Section 10 & SW/4 of Section 11, T20S, R19E, Anderson County

Receiving Water

Marais des Cygnes River Basin

Kansas Permit No. A-MCAN-B001

This is a permit renewal for an existing livestock facility with the maximum capacity of 990 head (990 animal units) of cattle weighing greater than 700 pounds. The facility consists of approximately 13.3 acres of open lot pens and 4.6 acres of miscellaneous feedlot area. Surface runoff is collected by three sediment basins, an earthen retention structure and two vegetated buffer areas.

Name and Address of Applicant

CB Showalter Hog LLC

8803 E. Arlington Road

Haven, KS 67543

Legal Description

SW/4 of Section 31, T24S, R07W, Reno County

Receiving Water

Lower Arkansas River Basin

Kansas Permit No. A-ARRN-S015

A permit is being reissued to an existing facility with a maximum capacity for 1,000 head (400 animal units) of swine weighing more than 55 pounds and 1,200 head (120 animal units) of swine weighing 55 pounds or less. The animal unit capacity has not changed since the previous permit.

Public Notice No. KS-EG-11-017

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

Occidental Chemical Corporation

Wichita, KS 67277

Facility Location: Sedgwick County

Well and Permit Number Location

#11 / KS-01-173-011 Latitude: 37.586766 Longitude: -97.421047

#12 / KS-01-173-012 Latitude: 37.586044 Longitude: -97.425150

#14 / KS-01-173-014 Latitude: 37.588842 Longitude: -97.423673

Facility Description: The proposed action is to issue a new Class I Hazardous Waste Injection Well permit. The wells will be authorized to inject only nonhazardous liquid wastes from this facility until a petition for exemption from the prohibition for injection of hazardous waste is granted by the U.S. Environmental Protection Agency. Occidental Chemical Corporation is a chloroalkali and chlorosolvent manufacturing facility. Stormwater runoff, contaminated groundwater and process wastewater originating from this facility are injected. The wastewater consists primarily of sodium, calcium and magnesium chloride brines, acidic wastes and basic wastes. Trace organic compounds and chlorinated phenol compounds, soluble brine, also are present. Injection by gravity flow is to be made to the Arbuckle and Simpson formations from a bottom depth of approximately 4,820 feet to a top depth of approximately 3,840 feet below ground surface. The maximum daily injection volume authorized by the permits is 864,000 gallons per day per well. All construction, monitoring and operation of these wells will meet the requirements that apply to Class I Hazardous Waste Disposal Wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-44.

Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.

All comments regarding the draft documents or application notices received on or before November 5 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-196/206, KSEG-11-017) and name of the applicant/permittee when preparing comments.

After review of any comments received during the public notice period, the Secretary of Health and Environment will issue 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).

All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water. 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 on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays.

Robert Moser, M.D.

Secretary of Health and Environment

Doc. No. 039869