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Publications iconKansas Register

Volume 44 - Issue 38 - September 18, 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-25-250/263

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Circle K Pork
Lee Kohake
1181 29th Rd.
Axtell, KS 66403
SE/4 of Section 27
T02S, R10E
Marshall County
Big Blue River Basin
Kansas Permit No. A-BBMS-S053
The proposed action is to reissue an existing state permit for an existing facility for 2,499 head (999.6 animal units) of swine weighing 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
CJMT Hangar Pond
CJMT LLC
NW of intersection of K-383 Hwy. and Road E8
Almena, KS 67622
N/2 of Section 24
T02S, R22W
Norton County
Upper Republican River Basin
Kansas Permit No. A-URNT-W002
The proposed action is to issue a new state permit for a livestock wastewater storage facility with an earthen retention control structure. No livestock will be confined at this facility (0 animal units). The proposed earthen retention control structure will both receive imported wastewater for storage and export it for land application. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Doyle Dairy
4012 DD Rd.
Lebanon, KS 66952
E/2 of Section 23
T01S, R11W
Smith County
Lower Republican River Basin
Kansas Permit No. A-LRSM-M001
The proposed action is to reissue an existing state permit for an existing facility for 125 head (175 animal units) of mature dairy cattle, 50 head (50 animal units) of cattle weighing greater than 700 pounds, and 50 head (25 animal units) of cattle weighing less than 700 pounds, for a total of 250 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
Edward Busenitz
4423 SE 12th St.
Newton, KS 67114
SE/4 of Section 24
T23S, R01E
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-S020
The proposed action is to reissue an existing state permit for an existing facility for 400 head (160 animal units) of swine weighing 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
Eklund Feedlot
JMJE, LLC
6510 Road 18
Goodland, KS 67735
SE/4 of Section 14
T08S, R40W
Sherman County
Upper Republican River Basin
Kansas Permit No. A-URSH-B007
The proposed action is to reissue an existing state permit for an existing facility for 900 head (450 animal units) of cattle weighing 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
LEI Washout Facility
Bruce Livingston
611 29th Rd.
Mahaska, KS 66955
SW/4 of Section 01
T01S, R01E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-T001
The proposed action is to reissue an existing state permit for a commercial livestock truck wash facility that washes an average of 220 trailers per month. There will be no change in the operation 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
RJ Tammen Farms
RJ Tammen
3145 Ave. W
Timken, KS 67575
SW/4 of Section 22
T19S, R17W
Rush County
Upper Arkansas River Basin
Kansas Permit No. A-UARH-B009
The proposed action is to reissue an existing state permit for an existing facility for 250 head (250 animal units) of cattle more than 700 pounds and 250 head (125 animal units) of cattle 700 pounds or less, for a total of 375 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
Travis Sherfick
20039 T Rd.
WaKeeney, KS 67672
NW/4 of Section 10
T14S, R24W
Trego County
Smoky Hill River Basin
Kansas Permit No. A-SHTR-B007
The proposed action is to reissue an existing state permit for an existing facility for 500 head (500 animal units) of beef 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Tuls Dairy Farms, LLC
South of Intersection of K-51 Hwy. and CR C
Liberal, KS 67905
W/2 of Section 21
T33S, R34W
Seward County
Cimarron River Basin
Kansas Permit No. A-CISW-D001
Federal Permit No. KS0090620
The proposed action is to modify and reissue an existing NPDES permit for a facility for 300 head (300 animal units) of dairy heifers and 5,100 head (7,140 animal units) of mature dairy cattle, for a total of 7,440 animal units. This permit is being modified to add a sand settling structure to aid in the anaerobic digester processing. 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
Winifred Feedlot
Steven Keating
1731 18th Rd.
Frankfort, KS 66427
NE/4 of Section 26 &
SE/4 of Section 23
T03S, R08E
Marshall County
Big Blue River Basin
Kansas Permit No. A-BBMS-C001
Federal Permit No. KS0080365
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,900 head (2,900 animal units) of cattle weighing more than 700 pounds and 50 head (2 animal units) of dogs. 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
Bixenman Brothers
12515 S. Road 50 W
Grainfield, KS 67737
N/2 of Section 02
T10S, R29W
Sheridan County
Saline River Basin
Kansas Permit No. A-SASD-C003
Federal Permit No. KS0098035
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 the addition of three new land application fields and a change in the application rate limitation for one field. 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. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
CSP Farms, LLC.
289 Concord Rd.
Clifton, KS 66937
NE/4 of Section 21
T05S, R01E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-H010
Federal Permit No. KS0101486
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,865 head (1,546 animal units) of swine weighing more than 55 pounds and 1,830 head (183 animal units) of swine weighing 55 pounds or less; for a total of 1,729 animal units of swine. The facility’s NMP was updated to include application rate limitation changes. 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
Jewell County Feeders, LLC
1026 Q Rd.
Mankato, KS 66956
SW/4 of Section 10
T03S, R09W
Jewell County
Solomon River Basin
Kansas Permit No. A-SOJW-C001
Federal Permit No. KS0119695
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 6,500 head (6,500 animal units) of cattle greater than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for two fields. The 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
KC Pork, Inc.
378 Concord Rd.
Clifton, KS 66937
NW/4 & SE/4 of Section 15
T05S, R01E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-H002
Federal Permit No. KS0085740
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,346 head (2,138.4 animal units) of swine weighing more than 55 pounds and 11,350 head (1,135 animal units) of swine weighing 55 pounds or less; for a total of 3,273.4 animal units of swine. The facility’s NMP was updated to include application rate limitation changes. The application rate limitation for three fields have become less restrictive. 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-Q-25-153/154

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
Sabetha, City of
805 Main
PO Box 187
Sabetha, KS 66534
Delaware River Treated Domestic
Permit No. M-KS65-OO02
Federal Permit No. KS0096245
Legal Description: SE½, NW¼, Section 13, Township 2S, Range 14E, Nemaha County
Location: 39.87870, -95.80014
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 bar screen, grit removal, Aeromod activated sludge system, ultraviolet disinfection of effluent, aerobic digesters, and belt filter press. 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 Dissolved Oxygen, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. This facility has a schedule of compliance for improvement to meet total phosphorus limits.
Name and Address of Applicant Receiving Stream Type of Discharge
Harshman Construction, LLC
1632 FP Rd.
Cedar Point, KS 66843
Marais des Cygnes River
via Long Creek
via Frog Creek
Process Wastewater
Permit No. I-MC23-PO02
Federal Permit No. KS0089711
Legal Description: S½ of NW¼ and N½ of SW¼ of Section 16, Township 18S, Range 16E, Osage County
Location: 38.48658, -95.65242
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This facility is engaged in a limestone quarrying operation with some washing. Rock is crushed, processed and washed to meet specifications. Outfall 001A consists of stormwater run-off and treated wash-water, which is treated by a large settling pond. Outfalls 002A consists of stormwater runoff only. This permit contains limits for Total Suspended Solids. This permit contains generic language to protect water quality.

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 18, 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-25-250/263, KS-Q-25-153/154) 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. 053473