Volume 44 - Issue 24 - June 12, 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-25-155/166

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Baalman Feedyard Coby Baalman 4998 S. Road 90 West Menlo, KS 67753	W/2 of Section 12 & NW/4 of Section 13 T09S, R30W Sheridan County	Solomon River Basin
Kansas Permit No. A-SOSD-C001 Federal Permit No. KS0055549
The proposed action is to reissue an existing NPDES permit for an existing facility for 9,980 head (9,980 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Farmers Nat. Co. Hudson Trust Jordan Olson/Brandon Milliron 16756 K-152 Hwy. La Cygne, KS 66040	SE/4 of Section 31 T19S, R24E Linn County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-S008
The proposed action is to reissue an existing state permit for an existing facility for 88 head (35.2 animal units) of swine weighing more than 55 pounds and 700 head (70 animal units) of swine weighing 55 pounds or less, for a total of 788 head (105.2 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
Hachmeister Cattle Co. Paul Hachmeister 3080 K-18 Hwy. Natoma, KS 67651	SE/4 of Section 12 T10S, R16W Rooks County	Saline River Basin
Kansas Permit No. A-SARO-C001 Federal Permit No. KS0115371
The proposed action is to reissue an existing NPDES permit for an existing facility 4,999 head (4,999 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
High Plains Ranch, LLC – East 859 WW Rd. Copeland, KS 67837	SW/4 of Section 10 T28S, R31W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C012 Federal Permit No. KS0096971
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,999 head (4,999 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 Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Joe W. Strnad 2541 Granite Rd. Munden, KS 66959	NW/4 of Section 06 T02S, R01W Republic County	Big Blue River Basin
Kansas Permit No. A-BBRP-B007
The proposed action is to reissue an existing state permit for an existing facility for 900 head (900 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
Old Trail Farms Jeff Busenitz 1331 60th Peabody, KS 66866	NW/4 of Section 07 T22S, R03E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-B022
The proposed action is to modify and reissue an existing state permit for an expanding facility for 999 head (999 animal units) of cattle weighing greater than 700 pounds. This permit is being modified to add an additional retention structure and pens. 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
Paul Merklein 982 W. Osage Rd. Prairie View, KS 67664	SW/4 of Section 07 T03S, R19W Phillips County	Solomon River Basin
Kansas Permit No. A-SOPL-B004
The proposed action is to reissue an existing state permit for an existing facility for 200 head (200 animal units) of cattle 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
Triangle H, Inc. 2700 E. Parallel Rd. Garden City, KS 67846	N/2 of Section 05 T26S, R32W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-C025 Federal Permit No. KS0096016
The proposed action is to modify and reissue an existing State/NPDES permit for an expanding facility for 9,000 head (9,000 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 to add 34 acres of open lot pens in the Northeast section and one (1) retention control structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Whitham Farms Feedyard, LP 462 N. CR 5 Leoti, KS 67861	E/2 of Section 34 T17S, R38W Wichita County	Upper Arkansas River Basin
Kansas Permit No. A-UAWH-C001 Federal Permit No. KS0040631
The proposed action is to reissue an existing NPDES permit for an existing facility for 20,000 head (20,000 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
Whitham Farms Feedyard, LP 462 N. CR 5 Leoti, KS 67861	SE/4 of Section 35 T17S, R38W Wichita County	Upper Arkansas River Basin
Kansas Permit No. A-UAWH-C002 Federal Permit No. KS0080276
The proposed action is to reissue an existing NPDES permit for an existing facility for 2,500 head (2,500 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
Wiebe Land & Cattle, LLC Todd Wiebe 14166 NW Purity Springs Rd. Burns, KS 66840	SW/4 of Section 20 T23S, R05E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-C015 Federal Permit No. KS0099040
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,600 head (1,600 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
Carpenter Cattle Company, Inc. Wayne Carpenter 2257 CR 2 Brewster, KS 67732	SW/4 of Section 08 & N/2 of Section 17 T07S, R36W Thomas County	Upper Republican River Basin
Kansas Permit No. A-URTH-C003 Federal Permit No. KS0086592
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 20,000 head (20,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include the addition of six (6) land application fields and changes in the application rate limitation for eight (8) fields. The fields’ application rate limitations have become less restrictive than the previous NMP. There are no changes 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-Q-25-112/116

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
Spring Hill, City of 401 N Madison St Spring Hill, KS 66083		Treated Domestic
Permit No. M-MC45-NN01 Federal Permit No. KSR440100
Legal Description: Johnson and Miami County
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The proposed action is to issue a new individual NPDES Municipal Separate Storm Sewer System (MS4) permit from an existing MS4 general permit. The proposed MS4 permit requires the permittee to develop, implement, and enforce a stormwater management program design to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Kansas surface water quality statutes and regulations. The proposed permit requires the permittee to update the Stormwater Management Program document, implement six minimum control measures and implement best management practices to reduce any identified total maximum daily load (TMDL) regulated pollutants if listed in the permit (TMDL Table). If there is an identified TMDL regulated pollutant, surface water monitoring may be required on the impaired water body to evaluate performance of the best management practices. Monitoring of industrial stormwater discharges and oversite of construction activities within the MS4 may be required if it is applicable. The proposed permit requires the submittal of an annual report that addresses all compliance requirements for the previous year. This permit contains generic language to protect water quality.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Potwin, City of PO Box 265 Potwin, KS 67123	Whitewater River via Brush Creek via Unnamed Tributary	Treated Domestic
Permit No. M-WA12-OO01 Federal Permit No. KS0051713
Legal Description: SW¼, SE¼, SW¼, Section 29, Township 24S, Range 4E, Butler County
Location: 37.92832, -97.01840
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. The detention time at the design flow is 310 days. This permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and E. coli. The permit contains monitoring for pH, Ammonia, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Shawnee Co Sewer District #2 – Indian Creek 1515 NW Saline, Suite 200 Topeka, KS 66618	Indian Creek via Unnamed Tributary	Treated Domestic
Permit No. M-KS72-OO24 Federal Permit No. KS0116556
Legal Description: NW¼, SE¼, NW¼, Section 33, Township 10S, Range 16E, Shawnee County
Location: 39.13914, -95.63921
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 146 days. 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. The ammonia effluent limit was determined on April 2, 2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 15.1 mg/L for this facility. However, due to anti-backsliding, the previous permit ammonia limit of 13.5 will be applied.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Westmoreland, City of PO Box 7 Westmoreland, KS 66549	East Fork Rock Creek	Treated Domestic
Permit No. M-KS75-OO01 Federal Permit No. KS0046485
Legal Description: SW¼, NE¼, SE¼, Section 4, Township 8S, Range 9E, Pottawatomie County
Location: 39.38195, -96.41163
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. 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 February 26, 2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 13.9 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Whitaker Aggregates, Inc. - Welda Quarry 555 Delaware Humboldt, KS 66748	Marais des Cygnes River via Cygnes River via Pottawatomie Creek via Cedar Creek via Unnamed Tributary	Process Wastewater
Permit No. I-MC53-PO01 Federal Permit No. KS0116025
Legal Description: SE¼ of Section 32, Township 21S, Range 19E, Anderson County
Location: 38.17540, -95.33601
The proposed action consists of reissuing the above referenced NPDES permit. No significant changes were made to the permit. This is a limestone quarrying and crushing operation which may wash rock. The wash-water generated on-site and stormwater runoff is treated by a settling pond, before discharging from Outfall 001A. Pit water and stormwater runoff may also to Outfall 001A. This permit contains limits for Total Suspended Solids.

Public Notice No. KS-EG-25-008

In accordance with K.A.R. 28-46-7 and the 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 within the State of Kansas.

Name and Address of Applicant

Morton Salt, Inc. 123 Wacker Dr. Chicago, IL 60606

Permit No. KS-01-155-004

Location: 38.37142, -98.07216

The Morton Salt, Inc. in Hutchinson, Kansas is a solution salt mining operation. UIC Class I Disposal Well Morton WWDW #D-1 (KS-01-155-004) is authorized to inject non-hazardous liquid waste from this facility consisting of near saturated mineralized waste brines and plant process wastewaters. The Morton Salt MCFS Mitchell WWDW #1 shall use a maximum injection rate of 5,714 barrels per day (bpd) (239,988 gallons per day (gpd)).

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 July 12, 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-25-155/166, KS-Q-25-112/116, KS-EG-25-008) 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, Kansas 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 on the Internet 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. 053232