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Kansas Department of Health and Environment
Bureau of Environmental Remediation
Identified Sites List Information

Project Code:  C609772526 Site Status: Active
Site Name:  CHS, INC.    
CERCLIS Number:     
Other Names:     
Address:  2122 EAST HIGHWAY 24  City:  COLBY
Zip Code:     
County:  TH  River Basin:  Upper Republican
Latitude:  39.39251  Longitude:  -101.012871
Program Name:  Voluntary Cleanup  Project Manager:  ENGLAND, R.
Contaminants:  Nitrates    

Environmental Use Control In Place? No
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Site Narrative:
On 9-28-09, BER received a Voluntary Cleanup and Property Redevelopment Program (VCPRP) application from CHS, Inc. (CHS), the current owner and operator of an agri-business located at 2122 East Highway 24, Thomas County, Colby, Kansas. Historical contamination at the property is being addressed in the VCPRP under Voluntary Agreement (VA) # 05VCP0017 for the Agriliance, LLC-Colby site (KDHE Project Code C6-097-72026). Agriliance, LLC (Agriliance) is a joint business adventure of CHS and Land O’ Lakes, Inc. In March 2009, urea ammonia nitrate was released within the chemical tank storage area. On 1-29-10, A VA was executed, accepting CHS as a second Voluntary Party for the property.  
An interim soil removal (ISR) to address nitrate/ammonia (N/A) impacts to soil was conducted in October of 2012. After the soil excavation was completed, groundwater (GW) was monitored at the co-located sites on a quarterly basis for nitrates for one year. The GW monitoring schedule was subsequently modified to a semi-annual basis.  
During a 2-22-16 teleconference with CHS and Agriliance, KDHE was informed that the former owner of a parcel located within the southern portion of the site did not have any heirs and is now deceased; this individual had given right-of-way access to the railroad for this parcel and also allowed CHS to operate there. KDHE was informed that without a viable owner for the parcel adjacent to the railroad, placing Environmental Use Controls (EUCs) on this portion of the site is not possible. The KDHE suggested that the site (including the south parcel) may be eligible for the pending Risk Management Program (RMP). KDHE indicated that another option is to place EUCs on the CHS property and, once the RMP has been established, submit an application for the south parcel.  
The report for the most recent GW monitoring event in May 2016 was received on 10-24-16. The report recommended that GW monitoring be discontinued, placement of EUCs on the property, and closure of the sites. As the proposed path forward regarding the south parcel conflicted with previous discussions, KDHE upper level management was consulted. Based on modeling results conducted at other VCP sites (with a similar depth to GW) indicating the nitrate concentration would be below the cleanup standard if the soil contamination did leach into GW, the KDHE determined that GW monitoring is no longer necessary. The KDHE also determined that, at a minimum, the sites will need to be addressed through the RMP.  
Agriliance and CHS were notified on 12-16-16 that they have the following options to facilitate closure of the sites: 1) Utilize the RMP for the CHS, Inc. property and the south parcel under one risk management plan, 2) Place EUCs on the CHS property and address the south parcel through the RMP, 3) conduct a Tier 3 risk analysis or Tier 4 risk assessment that demonstrates incomplete risk exposure pathways to known and potential receptors at and near the sites. The October 2016 GW monitoring report was approved on 1-4-17.  
In August 2017, KDHE recommended that CHS terminate the VA for the Agriliance site and address the contamination associated with the site under the CHS VA; and that contamination at the CHS and Agriliance sites be addressed under a RMP. In April 2018, a draft RMP to address the CHS and Agriliance sites was submitted. The RMP was subsequently revised and was approved on 2-3-20. KDHE is currently in the process of terminating the VA for the Agriliance site. Public notice of KDHE’s intent to issue a No Further Action (NFA) determination for the CHS, Inc. site is to occur between 3-20-20 and 4-3-20.

Legal Description:
 Parcel  Description
   SW 1/4 NE 1/4

Actions Completed:
 Activity Type  Activity
 PRP IDENTIFICATION/NEGOTIATION  Voluntary Agreement    01/29/2010
 INTERIM ACTION  Interim Remedial Measure - source  08/29/2012  06/07/2013
 INVESTIGATION  Voluntary Cleanup Investigation (VCI)  04/29/2010  12/16/2016
 MONITORING  Long Term Monitoring  08/23/2013  12/16/2016

Actions Underway:
 Activity Type  Activity

Actions Proposed:
 Activity Type  Activity

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