Volume 45 - Issue 5 - January 29, 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-26-032/041

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Cargill Ranch, LLC Chad Cargill 8600 NE Isabel Rd. Isabel, KS 67065	W/2 of Section 33 T30S, R11W Barber County	Lower Arkansas River Basin
Kansas Permit No. A-ARBA-C002 Federal Permit No. KS0100757
The proposed action is to reissue an existing NPDES permit for an existing facility for permitted for 4,000 head (2,000 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Darryl DeLong Farm Darryl DeLong 1416 Road 210 Emporia, KS 66801	SW/4 of Section 20 T18S, R12E Lyon County	Neosho River Basin
Kansas Permit No. A-NELY-B003
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 animal units) of beef 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
Doyle Wilson Cattle Co. Carey McAllister 259 SW 80th Ave. Macksville, KS 67557	SE/4 of Section 31 & SW/4 of Section 32 T24S, R14W and NW/4 of Section 05 T25S, R14W Stafford County	Lower Arkansas River Basin
Kansas Permit No. A-ARSF-B004
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of beef cattle weighing less 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
John Lohrey 2224 CR 320 Bison, KS 67520	SW/4 of Section 35 T17S, R17W Rush County	Upper Arkansas River Basin
Kansas Permit No. A-UARH-B019
The proposed action is to reissue an existing state permit for an existing facility for 999 head (999 animal units) of cattle weighing 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
Promax, Inc. Dwight Busenitz 6698 NW Indianola Rd. Whitewater, KS 67154	NW/4 of Section 35 T24S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-S009
The proposed action is to modify and reissue an existing state permit for a facility for 1,645 head (658 animal units) of swine weighing more than 55 pounds. This permit is being modified to add a mortality composting pad within the retention control structure drainage area. There is no change 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
Rethman Farms, Inc. Douglas and Deborah Rethman 1157 120th Rd. Seneca, KS 66538	SE/4 of Section 14 T03S, R12E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-S001
The proposed action is to reissue an existing state permit for an existing facility for facility for 1,720 head (688 animal units) of swine more than 55 pounds and 840 head (84 animal units) of swine weighing 55 pounds or less; for a total maximum capacity of 772 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
Schmitt Starter Yard Josh Schmitt E Rd. and 90th Ave. Kinsley, KS 67547	SE/4 of Section 20 T23S, R19W Edwards County	Upper Arkansas River Basin
Kansas Permit No. A-UAED-B002
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
Snake Creek Cattle 2694 CR GG Ashland, KS 67831	Parts of Sections 10 & 15 T35S, R21W Clark County	Cimarron River Basin
Kansas Permit No. A-CICA-C006 Federal Permit No. KS0101770
The proposed action is to reissue an existing NPDES permit for an existing facility for 10,000 head (10,000 animal units) of cattle weighing more than 700 lbs. 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
Steven Eckman 825 E. 1600 Rd. Baldwin City, KS 66006	SE/4 of Section 05 T14S, R20E Douglas County	Kansas River Basin
Kansas Permit No. A-KSDG-M005
The proposed action is to reissue an existing state permit for an existing facility for 85 head (119 animal units) of mature dairy cattle and 36 head (18 animal units) of cattle weighing 700 pounds or less, for a total of 137 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
Toll Farms Thomas Toll 2453 10th Ave. Lindsborg, KS 67456	NE/4 of Section 34 T17S, R04W McPherson County	Smoky Hill River Basin
Kansas Permit No. A-SHMP-B004
The proposed action is to reissue an existing state permit for an existing facility for zero (0) head of cattle (0 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.

Public Notice No. KS-Q-25-010/012

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
Severy, City of PO Box 128 Severy, KS 67137	Salt Creek	Treated Domestic
Permit No. M-VE34-OO01 Federal Permit No. KS0029076
Legal Description: SW¼, SW¼, NW¼, Section 17, Township 28S, Range 11E, Greenwood County
Location: 37.61415, -96.23230
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
Mound Valley, City of 105 S. Hickory PO Box 164 Mound Valley, KS 67354	Verdigris River via Pumpkin Creek via Unnamed Tributary	Treated Domestic
Permit No. M-VE28-OO01 Federal Permit No. KS0116980
Legal Description: SE¼, SE¼, NE¼, Section 3, Township 33S, Range 18E, Labette County
Location: 37.20160, -95.41234
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 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. 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. The ammonia effluent limit was determined on 10/30/2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 10.7 mg/L for this facility. However, due to anti-backsliding, the previous permit ammonia limit of 9.2 will be applied.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Jefferson County S.D. #6–Lake Shore Estates C/O Jefferson County Community Development PO Box 628 Oskaloosa, KS 66066	Perry Lake via Unnamed Tributary	Treated Domestic
Permit No. M-KS56-OO06 Federal Permit No. KS0093173
Legal Description: SE¼, SE¼, NE¼, Section 29, Township 9S, Range 18E, Jefferson County
Location: 39.23869, -95.42347
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 areas. The total detention time at design flow is 185.5 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.

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 February 28, 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-26-032/041, KS-Q-26-010/012) 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. 053828