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Publications iconKansas Register

Volume 44 - Issue 42 - October 16, 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-25-276/289

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
G.F.I. Feedlot
Greving Farms, Inc.
979 W. 1100 Rd.
Prairie View, KS 67664
SE/4 of Section 23
T02S, R20W
Phillips County
Solomon River Basin
Kansas Permit No. A-SOPL-B009
The proposed action is to reissue an existing state permit for an existing facility for 990 head (990 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
Pine Tree Feeders, LLC
2136 S. Spencer Rd.
Newton, KS 67114
SW/4 of Section 27
T23S, R01E
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-C003
Federal Permit No. KS0085863
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,500 head (1,500 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
Prairie Pork, LLC – Coolidge 642
2395 Crosswind Rd.
Sharon Springs, KS 67758
SE/4 of Section 22
T15S, R39W
Wallace County
Smoky Hill River Basin
Kansas Permit No. A-SHWA-H002
Federal Permit No. KS0095001
The proposed action is to reissue an existing NPDES permit for an existing facility for 21,600 head (8,640 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
Richard’s Place
Dwight Rokey
1323 168th Rd.
Seneca, KS 66538
SW/4 of Section 18
T02S, R13E
Nemaha County
Missouri River Basin
Kansas Permit No. A-MONM-M017
The proposed action is to reissue an existing state permit for an existing facility for 130 head (130 animal units) of cattle weighing more than 700 pounds, 70 head (35 animal units) of cattle weighing 700 pounds or less; for a total of 165 animal units of cattle. This is a decrease in the 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
Zoomway Hogs
Darryl Busenitz
6042 NW 150th
Burns, KS 66840
SE/4 of Section 14
T23S, R04E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-S044
The proposed action is to reissue an existing state permit for an existing facility for 1,500 head (600 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
Cottonwood Hog Farm
2901 NW 60th St.
Hesston, KS 67114
SE/4 of Section 24
T22S, R01W
Harvey County
Little Arkansas River Basin
Kansas Permit No. A-LAHV-H002
Federal Permit No. KS0094331
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,200 head (1,680 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include updated application rate limitations for their fields. The application rate limitation for three fields 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
GJL Farms, LLC – Asherville
3782 K Rd.
Beloit, KS 67420
NE/4 of Section 27
T07S, R06W
Mitchell County
Solomon River Basin
Kansas Permit No. A-SOMC-H004
Federal Permit No. KS0118117
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,000 head (2,000 animal units) of swine weighing more than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitation 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
GJL Farms, LLC – Turkey Creek
2622 US-24 Hwy.
Beloit, KS 67420
NW/4 of Section 02
T07S, R08W
Mitchell County
Solomon River Basin
Kansas Permit No. A-SOMC-H003
Federal Permit No. KS0080306
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,750 head (1,500 animal units) of swine weighing more than 55 pounds and 7,200 head (720 animal units) of swine weighing 55 pounds or less for a total of 10,950 head (2,220 animal units) of swine The facility’s NMP was updated to include a change in the application rate limitation for their fields. The application rate limitations for two field 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
Hays Feed Yard, LLC
Perry Thompson
1174 Feedlot Rd.
Hays, KS 67601
N/2 of Section 11 &
NW/4 of Section 12
T13S, R19W
Ellis County
Smoky Hill River Basin
Kansas Permit No. A-SHEL-C002
Federal Permit No. KS0037630
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 30,000 head (30,000 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 two fields. The fields’ 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
Nicholson Feedyard
Nicholson Ventures
11089 Whirlwind Rd.
Dodge City, KS 67801
NE/4 of Section 35
T28S, R25W
Ford County
Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C020
Federal Permit No. KS0096849
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 1,500 head (1,500 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 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
Rock Creek Finishing Farms, LLC
Steven J. Eichman
13075 Brush Creek Rd.
Westmoreland, KS 66549
SE/4 of Section 28
T08S, R09E
Pottawatomie County
Kansas River Basin
Kansas Permit No. A-KSPT-H001
Federal Permit No. KS0091260
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 4,980 head (1,992 animal units) of swine weighing more than 55 pounds The facility’s NMP was updated to include a change in the application rate limitation for one field. The fields’ 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
South Springs, LLC
Dwight Busenitz
13340 NW 40th Rd.
Benton, KS 67017
SE/4 of Section 10
T25S, R03E
Butler County
Walnut River Basin
Kansas Permit No. A-WABU-H002
Federal Permit No. KS0090611
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,520 (3,408 animal units) of swine weighing greater than 55 pounds. The facility’s NMP was updated to include a change in application rate limits. The application rate limitation for one field 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
Tiffany Cattle Co. – Allen West
Shawn Tiffany
884 Road 350
Allen, KS 66833
SW/4 of Section 09 &
S/2 of Section 08 &
NE/4 of Section 17
T16S, R11E
Lyon County
Neosho River Basin
Kansas Permit No. A-NELY-C006
Federal Permit No. KS0092177
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 5,000 head (5,000 animal units) of cattle weighing more than 700 pounds and 12,600 head (6,300 animal units) of cattle weighing less than 700 pounds for a total maximum capacity of 17,600 head (11,300 animal units) of cattle. The facility’s NMP was updated to include a change in the application rate limitation for two fields, which have become less restrictive than the previous NMP and an increase in the phosphorus loss risk assessment for two fields: West Pivot and Hawthorne. 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
Tiffany Cattle Co., Inc.
1333 S. 2500 Rd.
Herington, KS 67449
E/2 of Section 31 &
W/2 of Section 32
T15S, R06E &
NW/4 of Section 05
T16S, R06E
Morris County
Neosho River Basin
Kansas Permit No. A-NEMR-C001
Federal Permit No. KS0117218
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 18,000 head (18,000 animal units) of cattle weighing more than 700 pounds and 2,000 head (1,000 animal units) of cattle weighing 700 pounds or less, for a total of 19,000 animal units of cattle. The facility’s NMP was updated to include the addition of a land application field, Benedic, a change in the application rate limitation for six fields, which have become less restrictive than the previous NMP and an increase in the phosphorus loss risk assessment for two fields: E Overby and Delavan. 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-AG-R-25-021/024

Per Kansas Statutes Annotated 65-171d, the following registration(s) have been received for a proposed facility.

Name and Address of Registrant Legal Description County
Jackson Flats Washout
Michael Petrocci
640 W. Diamond Dr.
Salina, KS 67401
NW/4 of NE/4 of Section 35
T13S, R03W
Saline County
Name and Address of Registrant Legal Description County
Nelson Ranch Properties
6780 Lake Elbo Rd.
Manhattan, KS 66502
SE/4 of Section 23
T09S, R08E
Pottawatomie County
Name and Address of Registrant Legal Description County
SLC, Inc.
Curtis and Kelly Selensky
2399 CR 56
Park, KS 67551
NE/4 of Section 11
T12S, R28W
Gove County
Name and Address of Registrant Legal Description County
Sunflower Feeders
Stevie Yoder
315 CC Rd.
Fall River, KS 6704-7000
SE/4 of Section 35
T27S, R12E
Greenwood County

Public Notice No. KS-Q-25-161/164

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
Air Capital Flight Line, Inc.
250 N. Water St., Suite #300
Wichita, KS 67202
Treated Domestic
Permit No. C-AR94-N O21
Federal Permit No. KSJ000165
Legal Description: SW¼, SE¼, SE¼, Section 14, Township 28S, Range 1E, Sedgwick County
Location: 39.72385, -96.14619
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. This facility has a schedule of compliance for lagoon closure.
Name and Address of Applicant Receiving Stream Type of Discharge
Benton, City of
PO Box 388
Benton, KS 67017
West Branch Whitewater River
via Unnamed Tributary
Treated Domestic
Permit No. M0WA04-OO01
Federal Permit No. KS0026689
Legal Description: NW¼, NW¼, NW¼, Section 15, Township 26S, Range 3E, Butler County
Location: 37.79503, -97.09710
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, Ammonia, and E. coli. The permit contains monitoring for pH, and Total Phosphorus. 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 August 18, 2020 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 9.4 mg/L for this facility.
Name and Address of Applicant Receiving Stream Type of Discharge
Public Wholesale Water Supply District #13
8483 Jennison Rd.
Mound City, KS 66056
Bug Sugar Creek Process Wastewater
Permit No. I-MC26-PO06
Federal Permit No. KS0099236
Legal Description: NW¼, SE¼, Section 9 Township 22S, Range 23E, Linn County
Location: 38.14580, -94.88630
The proposed action consists of renewal of existing Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. Sludge from the clarifier basins, contact basin blowdowns, filter-to-waste, filter backwash wastewater, laboratory wastewater and/or miscellaneous floor drains are routed to a two-cell lagoon system. In addition, the permittee operates a septic tank/lateral system, under the County authority for domestic wastewater treatment and disposal. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, pH, and Total Nitrogen. The permit contains monitoring for Flow, Nitrate + Nitrite, Total Kjeldahl Nitrogen, and Total Phosphorus. This facility has a schedule of compliance is issued with goal to improve the accuracy and reliability of discharge flow measurement.
Name and Address of Applicant Receiving Stream Type of Discharge
City of Gardner – Hillside WTP
1150 E. Santa Fe St.
Gardner, KS 66030
Marais des Cygnes River Basin Process Wastewater
Permit No. I-MC60-PO02
Federal Permit No. KS0099295
Legal Description: NW¼, SW¼, Section 30, Township 15S, Range 23E, Miami County
Location: 38.71617, -94.90630
The proposed action consists of renewal of existing Kansas/NPDES Water Pollution Control permit for the discharge of wastewater from the water treatment plant. The treatment process is being expanded to a capacity of 9.0 MGD. The expansion includes a new raw water intake (RWI) facility having a new pump station with three 4.5 MGD vertical turbine pumps, electrical room, and sodium permanganate storage area. The new facility will have design to accommodate expansion up to 13.5 MGD. This permit contains limits for Total Residual Chlorine, Total Suspended Solids, and pH. The permit contains monitoring for Flow, Total Residual Chlorine, Nitrate + Nitrite, Total Kjeldahl Nitrogen, Total Nitrogen, 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 November 15, 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-25-276/289, KS-AG-R-25-021/024, KS-Q-25-161/164) 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. 053565