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Publications iconKansas Register

Volume 45 - Issue 16- April 16, 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-26-145/154

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Brent Lehman
Walter Lehman
7625 N. Anderson Rd.
Newton, KS 67114
SE/4 of Section 18
T22S, R01E
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-B007
The proposed action is to reissue an existing state permit for an existing 100 head (100 animal units) of cattle weighing more than 700 pounds and 200 head (100 animal units) of cattle weighing less than 700 pounds; for a total maximum capacity of 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
D & S Cattle Co., LLC
158 All American Rd.
Barnes, KS 66933
W/2 of Section 27
T05S, R05E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-C009
Federal Permit No. KS0100251
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 9,500 head (9,500 animal units) of cattle weighing greater than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified to propose the construction of 16.7 acres of new feedlots, sediment basin, feed roads, and other associated feedlot areas. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Daniel Unruh
136 10th Rd.
Burns, KS 66840
SW/4 of Section 36
T22S, R05E
Chase County
Neosho River Basin
Kansas Permit No. A-NECS-C003
Federal Permit No. KS0101052
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 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
Denison Farms
Charles Scott Denison
347 Road 310
Council Grove, KS 66846
NW/4 of Section 04
T17S, R10E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-B007
The proposed action is to reissue an existing state permit for an existing facility for 590 head (295 animal units) of 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
Larson Angus Ranch
195 Road 26
Sharon Springs, KS 67758
NE/4 of Section 36
T15S, R39W
Wallace County
Smoky Hill River Basin
Kansas Permit No. A-SHWA-B003
The proposed action is to reissue an existing state permit for an facility for 450 head (450 animal units) of cattle weighing greater than 700 pounds, 500 head (250 animal units) of cattle weighing less than 700 pounds, and 10 head (20 animal units) of horses; for a total of 960 head (720 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
2231 CR 31
Rexford, KS 67753
W/2 & NE/4 of Section 18 and
NW/4 of Section 17
T07S, R31W
Thomas County
Solomon River Basin
Kansas Permit No. A-SOTH-D001
Federal Permit No. KS0095150
The proposed action is to modify and reissue the existing NPDES permit for a facility for a proposed maximum capacity of 12,325 head (17,255 animal units) of mature dairy cattle; 100 head (50 animal units) of dairy cattle weighing 700 pounds or less; 2,250 head (2,250 animal units) of dairy cattle weighing more than 700 pounds; for a total of 19,555 animal units. The permit is being modified to add rendering as a method of mortality management. In addition, the proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility. The facility’s NMP was updated to include the addition of six new land application fields and changes to one existing land application field. There are no changes in the permitted animal units number. Only the updated portion of the Nutrient Management Plan and mortality management section of the permit is subject to comment.
Name and Address of Applicant Legal Description Receiving Water
Miller Farms
Wes Miller
788 Castle Rock Rd.
Quinter, KS 67752
NW/4 of Section 32
T14S, R26W
Gove County
Smoky Hill River Basin
Kansas Permit No. A-SHGO-B025
The proposed action is to reissue an existing state permit for an existing facility for 419 head (419 animal units) of cattle more than 700 pounds, and 580 head (290 animal units) of cattle 700 pounds or less, for a total of 999 head (709 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
Ohlde’s Dairy
Justin Ohlde
1814 9th Rd.
Linn, KS 66953
NW/4 of Section 24
T04S, R03E
Washington County
Big Blue River Basin
Kansas Permit No. A-BBWS-D002
Federal Permit No. KS0093947
The proposed action is to modify and reissue the existing NPDES permit for a facility with 3,322 head (4,650.8 animal units) of mature dairy cattle and 200 head (100 animal units) of immature replacement heifers weighing less than 700 pounds for a total of 3,522 head (4,750.8 animal units) of cattle. This represents no change in the permitted animal units from the previous permit. This permit is also being modified to add a drainage area (Area 3) and a retention structure (RCS 3). This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Santa Fe Feeders, LLC
Clint Morrison
16804 Q Rd.
Cimarron, KS 67835
All of Section 22 &
SW/4 of Section 23
T26S, R28W
Gray County
Upper Arkansas River Basin
Kansas Permit No. A-UAGY-C010
Federal Permit No. KS0087602
The proposed action is to modify and reissue the existing state/NPDES permit for a facility for a proposed maximum capacity of 25,000 head (25,000 animal units) of cattle weighing more than 700 pounds. This represents an increase in the permitted animal units from the previous permit. This permit is also being modified for the addition of approximately 31 acres of manure storage and open lot areas with two (2) sediment basins and one (1) earthen retention control structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Schwartz Wilke Farms, LLP – Henry Hills
John Schwartz
960 7th Rd.
Longford, KS 67458
NE/4 of Section 04
T10S, R02E
Clay County
Smoky Hill River Basin
Kansas Permit No. A-SHCY-H003
Federal Permit No. KS0101753
The proposed action is to modify an existing state/NPDES permit for a facility for 7,680 head (768.0 animal units) of swine weighing less than 55 pounds each and 5,812 head (2,324.8 animal units) of swine weighing more than 55 pounds each, for a total of 3,092.8 animal units. This permit is being modified to correct a freshwater diversion pipe and install a freshwater diversion channel. 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.

Public Notice No. KS-Q-26-050/053

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
Larned, City of
417 Broadway
Larned, KS 67550
Arkansas River Treated Domestic
Permit No. M-UA25-OO03
Federal Permit No. KS0098752
Legal Description: NE¼, SE¼, NW¼, Section 4, Township 22S, Range 16W, Pawnee County
Location: 38.17062, -99.08725
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, industrial wastewater from local manufacturers, and receives sewage flow from the Larned State Hospital campus. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Ammonia, E. coli, and Chronic Whole Effluent Toxicity. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Sulfates.
Name and Address of Applicant Receiving Stream Type of Discharge
Montgomery County SD #4 – Havana Lake
PO Box 446
Independence, KS 67301
Little Coney River
via Bee Creek
Treated Domestic
Permit No. M-VE12-OO02
Federal Permit No. KS0086207
Legal Description: SE¼, NE¼, SW¼, Section 18, Township 34S, Range 14E, Montgomery County
Location: 37.08597, -95.92166
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, and Total Suspended Solids. The permit contains monitoring for pH, E. coli, Nitrates + Nitrites, and Water Depth in Final Cell. Schedule of compliance for a certified operator.
Name and Address of Applicant Receiving Stream Type of Discharge
Mulberry Limestone – Englevale Quarry
325 N. 260th St.
Mulberry, KS 66756
Cox Creek
via Branch Creek
Process Wastewater
Permit No. I-MC59-PO01
Federal Permit No. KS009008
Legal Description: SW¼ of Section 25, Township 28S, Range 24E, Crawford County
Location: 37.57702, -94.38996
The proposed action consists of reissuing the above mentioned NPDES permit. No significant changes were made to the permit. This facility is a limestone quarrying and crushing operation with no rock washing. Outfalls 001A and 002A consists of stormwater runoff and pit de-water. This permit contains generic language to protect water quality.
Name and Address of Applicant Receiving Stream Type of Discharge
Sunflower Electric – Garden City Station
PO Box 430
2440 S. Holcomb Ln.
Holcomb, KS 67851
Arkansas River
via Pipeline
Process Wastewater
Permit No. I-UA14-PO02
Federal Permit No. KS0080063
Legal Description: NW¼ Sec. 24, Township 24 S, Range 33 W, Finney County
Location: 37.96996, -100.89556
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. Domestic waste is directed to a septic tank/lateral system. Garden City wastewater treatment plant effluent disinfected with sodium hypochlorite is utilized in combination with well water and Finney County Rural Water District water. This permit contains limits for TRO, TSS, and pH. The permit contains monitoring for Sulfate, Priority Pollutant Scan, Chloride, Total Recoverable Boron, Total Recoverable Selenium, Total Recoverable Copper, Temperature, Nitrate + Nitrate, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus.

Public Notice No. KS-EG-26-003

In accordance with K.A.R. 25-46-7 and that authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permit have been prepared for the use of the well(s) described below with the State of Kansas.

Name and Address of Applicant
Occidental Chemical Corporation – Wichita Plant
14555 Dallas Pkwy., Suite 400
Dallas, TX 75254
Permit No: KS-01-173-010
Location: 37.58638, -97.41758
OxyChem continuously makes ongoing efforts to investigate and evaluate methods to minimize or eliminate wastes, wastewater is currently generated at the plant and have generally been disposed via permitted Underground Injection Control (UIC) Class I hazardous waste disposal wells. Including Well #10, there are currently 5 active permitted Class I hazardous injection wells in the facility and 2 permitted well locations which are undrilled. Disposal of this wastewater is currently the most environmentally sound disposal method for the plant as the waste is isolated in the subsurface, has no potential for future contact with the surface environment, and does not require additional waste handling.

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 16, 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-26-145/154, KS-Q-26-050/053, KS-EG-26-003) 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. 054051