Volume 44 - Issue 36 - September 4, 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-25-238/243

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
C&M Cattle Company Matt Peterson 312 DD Ave. Council Grove, KS 66846	SE/4 of Section 27 & SW/4 of Section 26 & N/2 of Section 34 T17S, R09E Morris County	Neosho River Basin
Kansas Permit No. A-NEMR-B012
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 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
G&H Hogs Eugene/Connie Gross 15 S. Holcomb Lane Holcomb, KS 67851	NE/4 of Section 24 T24S, R34W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-S005
The proposed action is to reissue an existing state permit for an existing facility for 800 head (320 animal units) of swine weighing more than 55 pounds, 400 head (40 animal units) of swine weighing 55 pounds or less, 50 head (50 animal units) of cattle weighing more than 700 pounds, and 25 head (12.5 animal units) of cattle weighing less than 700 pounds; for a total capacity of 422.5 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
Oak Creek Farms, LLC 617 70th Rd. Cawker City, KS 67430	NE/4 of Section 12 T05S, R10W Jewell County	Solomon River Basin
Kansas Permit No. A-SOJW-S018
The proposed action is to reissue an existing state permit for an existing facility for 2,190 head (876 animal units) of swine weighing more than 55 pounds and 1,200 head (120 animal units) of swine weighing 55 pounds or less, for a total of 996 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
Schemper Ranch Thad Schemper 284 W. 900 Rd. Long Island, KS 67647	SW/4 of Section 17 T01S, R19W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-B005
The proposed action is to reissue an existing state permit for an existing facility for 200 head (100 animal units) of cattle weighing less than 700 pounds, 200 head (200 animal units) of cattle weighing greater than 700 pounds, and 12 horses (24 animal units); for a total of 324 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
TCT, LLC 11751 US-400 Hwy. #1 Dodge City, KS 67801	N/2 of Section 12 T27S, R24W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C021 Federal Permit No. KS0097781
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,800 head (1,800 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Webber Dairy Syracuse Dairy, LLC 950 Road 40 Lakin, KS 67860	E/2 of Section 17 & E/2 of Section 20 & W/2 of Section 21 T26S, R37W Kearny County	Cimarron River Basin
Kansas Permit No. A-CIKE-D001 Federal Permit No. KS0100323
The proposed action is to reissue an existing NPDES permit for an existing facility for 5,500 head (7,700 animal units) of mature dairy cows and 10,500 head (10,500 animal units) of dairy heifers weighing greater than 700 pounds for a total of 18,200 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 Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-25-148/152

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
Burrton, City of PO Box 100 Burrton, KS 67020	Kisiwa Creek via North Branch Kisiwa Creek	Treated Domestic
Permit No. M-LA02-OO01 Federal Permit No. KS0049786
Legal Description: SW¼, NE¼, NW¼, Section 28, Township 23S, Range 3W, Harvey County
Location: 38.02625, -97.65871
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Total Phosphorus, Nitrate + Nitrite, Total Kjeldahl Nitrogen, Total Nitrogen, Chlorides, Nitrates, and Specific Conductivity. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on July 10, 2025, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 10.6 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Auburn, City of PO Box 160 Auburn, KS 66402	Wakarusa River via Unnamed Tributary	Treated Domestic
Permit No. M-KS03-OO02 Federal Permit No. KS00946508
Legal Description: NW¼, NW¼, SE¼, Section 24, Township 13S, Range 14E, Shawnee County
Location: 38.90400, -95.80660
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The total detention time at design flow is 126 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia during the previous and current permit cycle. Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The results of the EED determined it is uncertain if the facility is eligible. The ammonia effluent limit was determined on April 11, 2025, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 7.2 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Clyde, City of 412 Washington Clyde, KS 66938	Republican River	Treated Domestic
Permit No. M-LR07-OO01 Federal Permit No. KS0022403
Legal Description: W½, SW¼, SE¼, Section 26, Township 5S, Range 1W, Cloud County
Location: 39.58287, -97.39562
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, Ammonia, and E. coli. The permit contains monitoring for pH, Total Phosphorus, Nitrate + Nitrite, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Paxico, City of PO Box 27 Paxico, KS 66526	Mill Creek via Mulberry Creek	Treated Domestic
Permit No. M-KS57-OO01 Federal Permit No. KS0046469
Legal Description: SE¼, SE¼, NW¼, Section 26, Township 11S, Range 11E, Wabaunsee County
Location: 39.07001, -96.16036
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Emmett, City of PO Box 27 Emmett, KS 66422	Cross Creek	Treated Domestic
Permit No. M-KS16-OO01 Federal Permit No. KS0046396
Legal Description: NE¼, NE¼, SE¼, Section 34, Township 8S, Range 12E, Pottawatomie County
Location: 39.30993, -96.05433
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The total detention time at design flow is 144.5 days. This permit contains limits for Biochemical Oxygen Demand, Total Residual Oxidant, Ammonia, and E. coli. The permit contains monitoring oG, and Total Phosphorus.

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 October 4, 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-25-238/243, KS-Q-25-148/152) 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
Department of Health and Environment

Doc. No. 053440