Volume 44 - Issue 29 - July 17, 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-25-192/197

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Arthur Busenitz, Inc. 4619 NW Butler Rd. Benton, KS 67017	NE/4 of Section 07 T25S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-B015
The proposed action is to reissue an existing state permit for an existing facility for 600 head (300 animal units) of 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
Justin Wiebe 13620 NW Santa Fe Lake Rd. Whitewater, KS 67154	NW/4 of Section 30 T23S, R04E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-B021
The proposed action is to reissue an existing state permit for an existing facility for 999 head (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
Kresie Farms Scott Kresie 123 NE 82nd St. Topeka, KS 66617	SE/4 of Section 08 T10S, R16E Shawnee County	Kansas River Basin
Kansas Permit No. A-KSSN-B002
The proposed action is to issue a new state permit for a facility for 299 head (299 animal units) of cattle weighing greater than 700 pounds. The facility will consist of approximately 4 acres of pens, barns, feed storage, and manure storage areas and a waste management system consisting of a sediment basin and vegetative grass buffers. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
William Gattshall 7710 Road 11 Goodland, KS 67735	SE/4 of Section 15 T06S, R41W Sherman County	Upper Republican River Basin
Kansas Permit No. A-URSH-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (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
Berk, Inc. 1970 Quail Rd. Concordia, KS 66901	NE/4 of Section 29 T06S, R02W Cloud County	Lower Republican River Basin
Kansas Permit No. A-LRCD-H002 Federal Permit No. KS0093696
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 7,200 head (2,880 animal units) of swine weighing greater than 55 pounds. The facility’s NMP was updated to include a change in the application rate limitations for their fields, and to add one additional land application field. The application rate limitation for seven fields 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
Burkdoll Brothers, Inc. 3939 Ellis Rd. Rantoul, KS 66079	S/2 of Section 24 & N/2 of Section 25 T18S, R20E Franklin County	Marais Des Cygnes River Basin
Kansas Permit No. A-MCFR-H002 Federal Permit No. KS0092550
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 8,400 head (3,360 animal units) of swine weighing more than 55 pounds and 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds; for a total of 6,160 animal units of livestock. The facility’s NMP was updated to include a change in the application rate limitation for their fields. Six of the fields application rate limitation 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.

Public Notice No. KS-AG-R-25-016

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility.

Name and Address of Registrant	Legal Description	County
J-Six Enterprises, LLC – Limestone 2 604 Nemaha St. Seneca, KS 66538	N/2 of Section 03 T08S, R13E	Jackson

Public Notice No. KS-Q-25-123/129

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
Kansas Department of Wildlife and Parks – Eisenhower State Park 29810 S. Fairlawn Rd. Osage City, KS 66523		Treated Domestic
Permit No. M-MC23-NO03 Federal Permit No. KSJ000362
Legal Description: NW¼, SE¼, Section 33, Township 17S, Range 15E, Osage County
Location: 38.52366, -95.75000
The proposed action consists of reissuance of a Kansas Water Pollution Control permit for an existing 2 cell non-discharging lagoon facility. The permit contains a schedule of compliance for the facility to conduct repairs to the liner of the lagoon cell.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Hanston, City of 203 N. West St., Suite 100A Hanston, KS 67849		Treated Domestic
Permit No. M-UA17-NO01 Federal Permit No. KSJ001025
Legal Description: SE¼, SW¼, NW¼, Section 22, Township 22S, Range 22W, Hodgeman County
Location: 38.124657, -99.730928
The proposed action consists of issuance of a Kansas Water Pollution Control permit for a new 3 cell non-discharging lagoon facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Coolidge, City of Coolidge, KS 67836		Treated Domestic
Permit No. M-UA08-NO02 Federal Permit No. KSJ001029
Legal Description: SW¼, SW¼, SW¼, Section 13, Township 23S, Range 43W, Hamilton County
Location: 38.04489, -101.99883
The proposed action consists of issuance of a Kansas Water Pollution Control permit for a new 3 cell non-discharging lagoon facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Olsburg, City of PO Box 127 Olsburg, KS 66520		Treated Domestic
Permit No. M-BB18-NO02 Federal Permit No. KSJ001026
Legal Description: NE¼, SW¼, SE¼, Section 23, Township 7S, Range 7E, Pottawatomie County
Location: 39.42388, -96.61259
The proposed action consists of issuance of a Kansas Water Pollution Control permit for a new 4 cell non-discharging lagoon facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Clifton, City of PO Box 86 Clifton, KS 66937	Republican River	Treated Domestic
Permit No. M-LR06-OO01 Federal Permit No. KS0048437
Legal Description: SE¼, SE¼, NE¼, Section 1, Township 6S, Range 1E, Clay County
Location: 39.56020, -97.26638
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, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. 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 17, 2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 9.5 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Leon, City of 111 S. Main PO Box 25 Leon, KS 67074	Little Walnut River	Treated Domestic
Permit No. M-WA11-OO02 Federal Permit No. KS0089133
Legal Description: NE¼, NW¼, SE¼, Section 21, Township 27S, Range 6E, Butler County
Location: 37.68596, -96.77736
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. The total detention time at design flow is 120 days. 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. The ammonia effluent limit was determined on March 11, 2025 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 8.7 mg/L for this facility.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Cloud Ceramics PO Box 369 1716 Quail Rd. Concordia, KS 66901	Solomon River	Process Wastewater
Permit No. I-SO44-PO02 Federal Permit No. KS0002674
Legal Description: NW¼ of Section 5, Township 8S, Range 2W, Cloud County
Location: 39.39833, -97.57307
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 clay mining operation, which is used to manufacture brick. Outfalls 001A, 003A, 005A and 006A consists of pit water, spring water and stormwater runoff. These discharges are treated by several settling ponds, before the water is discharged. In addition, silt traps and grass filter strips are also used to filter out the silt, before the water is released. 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 August 16, 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-25-192/197, KS-AG-R-25-016, KS-Q-25-123/129) 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 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. 053312