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Publications iconKansas Register

Volume 45 - Issue 11 - March 12, 2026

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-26-091/103

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Carson Rail Dairy
Crystal and Mike Carson
2151 F Ave.
White City, KS 66872
NW/4 of Section 26
T14S, R06E
Morris County
Kansas River Basin
Kansas Permit No. A-KSMR-M001
The proposed action is to issue a new state permit for a facility for 25 head (35 animal units) of mature dairy cattle. The facility will consist of a proposed milking barn and a waste management system consisting of a wastewater retention structure with vegetative buffer around the manure storage area. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Cure, Inc.
Darin Cure
501 S. Broadway
Hanston, KS 67849
E/2 of Section 34
T21S, R21W
Hodgeman County
Upper Arkansas River Basin
Kansas Permit No. A-UAHG-B015
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 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
Faye Farms
4790 11th Rd.
Udall, KS 67146
SW/4 of Section 20
T30S, R03E
Cowley County
Walnut River Basin
Kansas Permit No. A-WACL-M005
The proposed action is to reissue an existing state permit for an existing facility for 60 head (84 animal units) of mature dairy cattle. 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
J-Six Enterprises, LLC – Cottrell Site
1140 16th Rd.
Corning, KS 66417
NW/4 of Section 26
T05S, R12E
Nemaha County
Kansas River Basin
Kansas Permit No. A-KSNM-S028
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 animal units) of swine 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
LE-DR Dairy, LLC
Byron Lehman
5309 N. Meridian
Newton, KS 67114
SE/4 of Section 25
T22S, R01W
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-M010
The proposed action is to reissue an existing state permit for an existing facility for 225 head (315 animal units) of mature dairy cows, 120 head (120 animal units) of cattle weighing more than 700 pounds, and 125 head (62.5 animal units) of cattle weighing less than 700 pounds; for a total maximum capacity of 497.5 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
McCarty Family Farms, LLC
6650 N. US-83 Hwy.
Scott City, KS 67871
NW/4 of Section 18
T17S, R32W
Scott County
Smoky Hill River Basin
Kansas Permit No. A-SHSC-D001
Federal Permit No. KS0096318
The proposed action is to modify and reissue an existing State/NPDES permit for a facility for 2,800 head (3,920 animal units) of mature dairy cows, and 500 head (500 animal units) of cattle weighing more than 700 pounds; for a facility total of 4,420 animal units. This permit is being modified for the addition of a waste storage pond, sloped screen separator, and covering and flaring of the existing waste storage pond. 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
McKee Dairy
31646 N Rd.
Wetmore, KS 66550
NW/4 of Section 18
T05S, R15E
Jackson County
Kansas River Basin
Kansas Permit No. A-KSJA-M016
The proposed action is to reissue an existing state permit for an existing facility for 30 head (30 animal units) of cattle weighing more than 700 pounds, 35 head (17.5 animal units) of cattle weighing less than 700 pounds, and 60 head (84 animal units) of mature dairy cows for a total of 131.5 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
Oatney Farms, Inc.
Brent Oatney
9516 W. Morgan Ave.
Partridge, KS 67566
SE/4 of Section 34
T23S, R07W
Reno County
Lower Arkansas River Basin
Kansas Permit No. A-ARRN-B009
The proposed action is to reissue an existing state permit for an existing facility for 300 head (300 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
Tasco Kids, LLC
Intersection of US-24 and S. Road 70e
Hoxie, KS 67740
NW/4 of Section 23
T08S, R27W
Sheridan County
Solomon River Basin
Kansas Permit No. A-SOSD-B002
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 animal units) of beef cattle 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
Thielenhaus Brothers, Inc.
3190 Avenue G
Bison, KS 67520
NE/4 of Section 03
T17S, R17W
Rush County
Smoky Hill River Basin
Kansas Permit No. A-SHRH-B007
The proposed action is to reissue an existing state permit for an existing facility for 300 head (150 animal units) of beef cattle 700 pounds or less. 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
Diamond Cattle Company
745 Avenue X
Alden, KS 67512
SW/4 of Section 30
T21S, R09W
Rice County
Lower Arkansas River Basin
Kansas Permit No. A-ARRC-C005
Federal Permit No. KS0092746
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,000 head (4,000 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. Two field’s application rate limitations 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
Perrier Feed Yard – Mulberry
10550 Whirlwind Rd.
Dodge City, KS 67801
E/2 of Section 11
T28S, R26W
Ford County
Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C013
Federal Permit No. KS0079189
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 2,000 head (2,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The application rate limitation for one field has 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
Prairie Wind Heifer Development, LLC
TJ McClure
4652 N. Road L
Johnson, KS 67855
E/2 of Section 01
T28S, R41W &
W/2 of Section 06
T28S, R40W,
Stanton County
Cimarron River Basin
Kansas Permit No. A-CIST-C008
Federal Permit No. KS0097390
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 14,000 head (14,000 animal units) of cattle weighing greater than 700 pounds, and 5 head (10 animal units) of horses, for a total of 14,010 animal units. The facility’s NMP was updated to include changes in the application rate limitations for their fields. One of the fields application rate limitation has 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.

Public Notice No. KS-AG-R-26-009/010

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

Name and Address of Registrant Legal Description County
CJMT Flush Wash
CJMT, LLC
PO Box 38
Long Island, KS 67647
NE/4 & NW/4 of Section 24
T02S, R22W
Norton
Name and Address of Registrant Legal Description County
Ura Yoder
2075 205th St.
Fort Scott, KS 66701
NW/4 of Section 13
T24S, R24E
Bourbon

Public Notice No. KS-Q-26-029-034

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.

Name and Address of Applicant Receiving Stream Type of Discharge
JOCO Tomahawk Creek
11811 S. Sunset Dr., Suite 2500
Olathe, KS 66061-7061
Blue River
via Indian Creek
Treated Domestic
Permit No. M-MO27-OO03
Federal Permit No. KS0100854
Legal Description: SW¼, Section 10, Township 13S, Range 25E, Johnson County
Location: 38.92997, -94.62425
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The facility receives domestic wastewater from residential and commercial areas, and industrial wastewater from local industries. This permit contains limits for Carbonaceous Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Residual Chlorine, and Chronic While Effluent Toxicity. The permit contains monitoring for Temperature, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Chlorides. The facility has a Consent Order with KDHE to maintain and operate their system wide Strategic Integrated Plan.
Name and Address of Applicant Receiving Stream Type of Discharge
Wamego, City of
PO Box 86
Wamego, KS 66547
Kansas River Treated Domestic
Permit No. M-KS74-OO02
Federal Permit No. KS0092266
Legal Description: SW¼, SE¼, NW¼, Section 10, Township 10S, Range 10E, Pottawatomie County
Location: 39.19623, -96.29040
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. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Total Phosphorus. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. The facility has a Consent Order with KDHE to conduct upgrades in order to meet final total phosphorus limits.
Name and Address of Applicant Receiving Stream Type of Discharge
Bayer Construction Co. – KS Falls – North
PO Box 889
Manhattan, KS 66505
Smokey River Process Wastewater
Permit No. I-SH04-PO02
Federal Permit No. KS0001813
Legal Description: Section 25, Township 12S, Range 4E, Geary County
Location: 38.97440, -96.93949
The proposed action consists of reissuing the above-mentioned NPDES permit. The primary change was adding Outfall 003A. This is a limestone quarrying and crushing operation with washing. Outfall 001A consists of treated wash-water, using three settling ponds in series and storm water runoff. Outfall 002A and 003A consist of pit de-watering and stormwater runoff. This facility rarely discharges. This permit contains limits for Total Suspended Solids. The permit contains monitoring for Sulfate.
Name and Address of Applicant Receiving Stream Type of Discharge
Unruh Fabrication, Inc.
100 Industrial Dr.
Sedgwick, KS 67135
Process Wastewater
Permit No. P-LA15-OO01
Federal Permit No. KSP000091
Legal Description: Sedgwick County
Location: 37.90794, -97.42589
The proposed action consists of reissuing the above referenced Pretreatment permit. No changes were made to the permit. This facility manufactures specialty bodies and trailers for the glass and fire departments and performs conversion coating (iron phosphating) on steel parts, prior to painting them. The phosphating solution is sprayed on the parts with a wand system. Outfall 001 consists of the spent wash water when a discharge occurs. However, process wastewater is normally sent off-site for treatment and disposal. This permit contains limits for pH, Total Toxic Organic, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. The permit contains monitoring Flow-MGD.
Name and Address of Applicant Receiving Stream Type of Discharge
Bayer Construction Co. – KS Falls – South
PO Box 889
Manhattan, KS 66505
Smoky Hill River
via Unnamed Tributary
Process Wastewater
Permit No. I-SH04-PO07
Federal Permit No. KS0097756
Legal Description: NE¼ of Section 36, Township 12S, Range 4E, Dickinson County
Location: 38.9710, -96.9339
The proposed action consists of reissuing the above-mentioned NPDES permit. No significant changes were made to the permit. This is a limestone quarrying and crushing operation with no washing. Outfall’s 001A, 002A, 003A and 004A consist of pit dewatering and storm water runoff, that rarely discharges. This permit contains generic language to protect water quality.
Name and Address of Applicant Receiving Stream Type of Discharge
B & W Custom Truck Beds
1216 Hawaii
Humboldt, KS 66748
Process Wastewater
Permit No. P-NE36-OO01
Federal Permit No. KSP000051
Legal Description: Allen County
Location: 37.82149, -95.43016
The proposed action consists of modifying the above-mentioned Pretreatment permit, since this facility is adding a new zinc plating line. No other significant changes are being made to the permit. This facility manufactures custom hitches for light and medium duty trucks and other related products. This permit contains limits for pH, Total Toxic Organic, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. The permit contains monitoring Flow-MGD.

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 April 11, 2026, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-26-091/103, KS-AG-R-26-009/010, KS-Q-26-029/034) 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. The Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Secretary
Kansas Department of Health and Environment

Doc. No. 053945