Volume 44 - Issue 15 - April 10, 2025

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-25-085

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
Schwartz Wilke Farms, LLP 32296 190th St. Sleepy Eye, MN 56085	Smoky Hills Pork 1713 N. 120th Rd. Minneapolis, KS 67467
Legal Description	Receiving Water
SE/4 of Section 01 T10S, R04W Ottawa County	Solomon River Basin
Kansas Permit No. A-SOOT-H001 Federal Permit No. KS0300011
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 14,976 head (5990.4 animal units) of swine weighing more than 55 pounds each and 30,583 head (3,058.3 animal units) of swine weighing less than 55 pounds each for a total of 45,559 head (9,048.7 animal units) of swine. The complete application can be viewed online at https://www.kdhe.ks.gov/493/Swine-Feedlot-Permit-Applications, at the office of the Ottawa, County Clerk, the KDHE North Central District Office in Salina, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-25-086/098

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Carpenter Ranch Feedyard Carpenter Ranch 209 CR U Brewster, KS 67732	NW/4 of Section 29 & SW/4 of Section 20 T07S, R36W Thomas County	Upper Republican River Basin
Kansas Permit No. A-URTH-B003
The proposed action is to reissue an existing state permit for an existing facility for 700 head (700 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
Darrell Heinen 2781 Indian Rd. Axtell, KS 66403	NE/4 of Section 21 T02S, R10E Marshall County	Big Blue River Basin
Kansas Permit No. A-BBMS-B012
The proposed action is to reissue an existing state permit for an existing facility for 120 head (120 animal units) of cattle more than 700 pounds and 348 head (174 animal units) of cattle 700 pounds or less, for a total of 294 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
D. L. Wiebe Todd Wiebe 13936 NW Purity Springs Rd. Burns, KS 66840	NW/4 of Section 29 T23S, R05E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-B014
The proposed action is to reissue an existing state permit for an existing facility for 800 head (800 animal units) of cattle weighing greater than 700 pounds. This is a reduction in the operation and 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
Friendship Farms, LLC - #1 1496 Road 210 Lakin, KS 67860	SW/4 & SE/4 of Section 20 T23S, R36W Kearny County	Upper Arkansas River Basin
Kansas Permit No. A-UAKE-H002 Federal Permit No. KS0094960
The proposed action is to modify and reissue an existing NPDES permit for a facility for 43,200 head (17,280 animal units) of swine weighing more than 55 pounds. This permit is being modified to add an anaerobic digester lagoon cover over an existing lagoon and lift stations to collect and transfer waste. 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
Hoxie Feedyard, LLC Scott Foote 3522 N. Road 70 West Hoxie, KS 67740	All of Section 28 & N/2 & SE/4 of Section 33 T07S, R29W Sheridan County	Solomon River Basin
Kansas Permit No. A-SOSD-C002 Federal Permit No. KS0117897
The proposed action is to reissue an existing NPDES permit for an existing facility for 80,000 head (80,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Lance Coburn 12604 S. Road 100 E Quinter, KS 67752	SW/4 of Section 17 T10S, R26W Sheridan County	Saline River Basin
Kansas Permit No. A-SASD-B002
The proposed action is to reissue an existing state permit for an existing facility for of 980 head (980 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
Nextgen Cattle Company 31517 Vera Rd. Maple Hill, KS 66507	NE/4 of Section 33 T11S, R12E Wabaunsee County	Kansas River Basin
Kansas Permit No. A-KSWB-B006
The proposed action is to issue a new state permit for a facility for 500 head (500 animal units) of cattle weighing greater than 700 pounds. The facility will consist of open lot pens and a waste management system consisting of a sediment basin, catch basin, and grass buffers. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Prairie View Pork, LLC Nick Brown 5072 E. Road 24 Ulysses, KS 67880	S/2 of Section 27 & S/2 of Section 28 & E/2 of Section 29 T30S, R36W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-H001 Federal Permit No. KS0095427
The proposed action is to modify and reissue an existing NPDES permit for a facility with a total maximum capacity not to exceed 129,600 head (51,840 animal units) of weaned swine weighing up to 70 pounds OR a total maximum capacity not to exceed 64,800 head (25,920 animal units) of finisher swine with an average weight of 150 pounds. This permit is being modified to add anaerobic digester lagoon covers over two existing lagoons and lift stations to collect and transfer waste. 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
Schwarz Feedlot, Inc. 1326 CR 37 Menlo, KS 67753	E/2 of Section 36 T08S, R31W Thomas County	Solomon River Basin
Kansas Permit No. A-SOTH-C004 Federal Permit No. KS0081337
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,000 head (4,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Stigge Feedlot Eric Bekemeyer 1417 18th Rd. Washington, KS 66968	SW/4 of Section 32 T02S, R03E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-B013
The proposed action is to reissue an existing state permit for an existing facility for 800 head (800 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
Dunn Swine, LLC 863 NW 10th Ave. St. John, KS 67576	NE/4 of Section 05 T23S, R13W Stafford County	Lower Arkansas River Basin
Kansas Permit No. A-ARSF-H001 Federal Permit No. KS0089958
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 1,855 head (742 animal units) of swine weighing more than 55 pounds and 2,675 head (267.5 animal units) of swine weighing 55 pounds or less; for a total of 1,009.5 animal units of swine. The facility’s NMP was updated to include changes to the application rate limitations. The application rate limitation for two fields 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.
Name and Address of Applicant	Legal Description	Receiving Water
Kearny County Feeders, LLC PO Box 109 Lakin, KS 67860	All of Section 04 & N/2 of Section 09 & SE/4 of Section 05 T24S, R36W Kearny County	Upper Arkansas River Basin
Kansas Permit No. A-UAKE-C002 Federal Permit No. KS0036731
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 their fields. The application rate limitation for two fields 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.
Name and Address of Applicant	Legal Description	Receiving Water
Nelson Circles, Inc. Bo Nelson 1566 210th Ave. Lewis, KS 67552	SW/4 of Section 21 & NW/4 of Section 28 T26S, R17W Edwards County	Lower Arkansas River Basin
Kansas Permit No. A-ARED-C002 Federal Permit No. KS0088251
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,500 head (5,500 animal units) of cattle weighing more than 700 pounds The facility’s NMP was updated to include a change in the application rate limitation for their fields. The application rate limitations for six fields 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.

Public Notice No. KS-Q-25-054/062

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.

Process Wastewater

Name and Address of Applicant	Receiving Stream	Type of Discharge
Perry Lake Mobile Home & RV Park, LLC 14124 W. 67th St. Shawnee, KS 66216	Kansas River via Little Muddy Creek	Treated Domestic
Permit No. M-KS72-OO07 Federal Permit No. KS0119911
Legal Description: SE¼, Section 14, Township 11S, Range 16E, Shawnee County
Location: 39.09052, -95.59985
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: a septic tank, dosing siphon, open sand filter (25 ft. x 25 ft.), and chlorination of effluent. The facility receives domestic wastewater from residential areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Total Residual Chlorine. The permit contains monitoring for Ammonia, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Glasco, City of 206 E. Main PO Box 356 Glasco, KS 67445	Solomon via Fisher Creek	Treated Domestic
Permit No. M-SO17-OO01 Federal Permit No. KS0100803
Legal Description: SE½, SE¼, Section 14, Township 8S, Range 5W, Cloud County
Location: 39.35142, -97.83918
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility permit is for a three-cell discharging wastewater stabilization lagoon system with conditions to utilize irrigation. The lagoon has the minimum of 120 days detention time for suitable treatment prior to discharge. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The total detention time at the rated flow is 190 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Total Phosphorus, Lead, Selenium, and Sulfates.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Rocky Ford Trailer Court 6204 Cedar Creek Rd. Manhattan, KS 66502	Big Blue River	Treated Domestic
Permit No. C-BB25-OO04 Federal Permit No. KS0079201
Legal Description: SE¼, NW¼, NE¼, Section 30, Township 9S, Range 8E, Pottawatomie County
Location: 39.24561, -96.56580
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. Preceding the lagoon treatment are two (2), 200 gallon septic tanks, which are equivalent to “primary” treatment. The facility serves a trailer court and receives domestic wastewater from the residents. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli. The permit contains monitoring for pH, Ammonia, Lead, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cornejo & Sons, LLC PO Box 412 Pittsburg, KS 66762	Neosho River via Town Creek via Unnamed Tributary	Process Wastewater
Permit No. I-NE13-PO04 Federal Permit No. KS0088838
Legal Description: NW¼ of Section 6, Township 35S, Range 21E, Labette County
Location: 37.03055, -95.15468
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This is a limestone quarrying and crushing operation, with no washing. Outfall 001A consists of stormwater runoff and quarry pit water. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Whitaker Aggregates, Inc. 555 Delaware Rd. Humboldt, KS 66748	Neosho River via Canville Creek via Little Canville Creek	Process Wastewater
Permit No. I-NE62-PO02 Federal Permit No. KS0099061
Legal Description: SE¼ of Section 12, Township 27S, Range 20E, Neosho County
Location: 37.70831, -95.16246
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This is a limestone quarrying and crushing operation, with no washing. Outfall 001A consists of stormwater runoff and quarry pit water and pumping is required, in order for a discharge to occur. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Ellsworth County RWD 1 103 N. Douglas Ellsworth, KS 67439	Smoky Hill River via Unnamed Tributary	Process Wastewater
Permit No. I-SH53-PO01 Federal Permit No. KS0099287
Legal Description: NW¼ of Section 11, Township 17S, Range 6W, Ellsworth County
Location: 38.59376, -97.96089
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. This is a public water supply treatment plant. On a weekly basis this wastewater averages around 0.02 MGD. Wastewater from the lagoon is Outfall 001A and goes to the receiving stream. In addition, the permittee operates a septic tank/lateral system, permitted by the County, which treats wastewater from floor drains and domestic wastes. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Marais des Cygnes Public Utility Authority PO Box 409 Paola, KS 66071	Marais des Cygnes River via Unnamed Tributary	Process Wastewater
Permit No. I-MC33-PO17 Federal Permit No. KS0099864
Legal Description: SE¼, SE¼, Section 2, Township 18S, Range 23E, Miami County
Location: 38.50762, -94.82851
The proposed action consists of renewal of the above referenced NPDES permit. This is a surface water treatment plant treating raw water from the Marais des Cygnes River with a capacity of 5 MGD. The clarifier settling pond (Monitoring Location 001) receives discharges from the bottom of the clarifiers, in the amount of 0.042 MGD. The filter backwash lagoon (Monitoring Location 002) receives filter backwash water in the amount of 0.018 MGD. Flow from 001 and 002 are comingled for discharge to Outfall 003X, in the amount of 0.06 MGD. Domestic wastes, in the amount of 30 GPD, are routed to a separate, non-discharging lagoon. There is also an inactive (unused) pond located west of the pre-sedimentation basin. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, pH, and Flow.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Evergy, Inc. – West Gardner Generating Station 818 S. Kansas Ave. Topeka, KS 66612	Bull Creek via Dry Drainage
Permit No. I-MC08-PO04 Federal Permit No. KS02000029
Legal Description: NE¼ of the SE¼ of Section 32, Township 14S, Range 22E, Johnson County
Location: 38.78708, -94.98658
The proposed action consists of issuance of a new KWPC/NPDES Water Pollution Control Permit for an existing facility. The West Gardner Generating Station (Facility) is an electric power generation facility. Implementation of the new wet air compression fogging system is needed to increase energy production during peak summer energy use. The wastewater produced from this system is routed through the berm system which flows to the onsite detention basin. The berm system and detention basin have an approximate storage capacity of 35,000 gallons. This will allow the discharge from the detention pond to be metered out over a 12 to 24 hour period, depending on the volume of wastewater generated. The design discharge rate is calculated for the 12 hour period of 0.198 MGD. Domestic Sewage is disposed of on-site using a septic tank and lateral field. This permit contains limits for Total Suspended Solids, Oil and Grease, Total Residual Oxidant, pH, TMDL Phosphorus, and Whole Effluent Toxicity–Chronic. The permit contains monitoring for Flow – MGD, and Temperature. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.
Name and Address of Applicant	Receiving Stream	Type of Discharge
City of Eskridge 110 S. Main PO Box 156 Eskridge, KS 66423	Kansas River via West Branch of Mill Creek via Lake Wabaunsee via Unnamed Tributary	Process Wastewater
Permit No. I-KS95-PO06 Federal Permit No. KS0100838
Legal Description: NE¼, NW¼, NE¼ of Section 4, Township 14S, Range 11E, Wabaunsee County
Location: 38.86880, -96.19359
The proposed action consists of renewal of a Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. This is a potable water treatment plant that has a design capacity of 0.504 MGD that treats water from Lake Wabaunsee. Lake water is treated with sodium permanganate at the intake to control zebra mussels. Water is then treated with coagulant just prior to the rapid mix basin and an additional coagulant and carbon are injected in the rapid mix basin and sent to two clarifiers for primary sedimentation. Domestic wastes are sent to the city sanitary sewer for treatment. Outfall 001 consists of the discharge from either of the two lagoon cells. This permit contains limits for Total Residual Chlorine, and Total Suspended Solids. The permit contains monitoring for pH.

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 May 10, 2025, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-25-086/098, KS-AG-25-085, KS-Q-25-054/062) 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. 053022