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Publications iconKansas Register

Volume 44 - Issue 32 - August 7, 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-25-215/221

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant Legal Description Receiving Water
Falcon Land, LLC
SE of Intersection 8400 Rd. and Union Rd.
Riley, KS 66531
NW/4 of Section 31
T08S, R06E
Riley County
Kansas River Basin
Kansas Permit No. A-KSRL-B003
The proposed action is to issue a new state permit for a facility for 999 head (999 animal units) of cattle weighing more than 700 pounds. The facility will consist of a feed storage area, a compost area, a working/loading barn and open dirt pens. The waste management system will consist of grass buffer areas. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant Legal Description Receiving Water
J-Six Enterprises, LLC – Westgate Finish Site
603 3rd Rd.
Clifton, KS 66538
SW/4 of Section 13 &
NE/4 of Section 23
T05S, R01E
Washington County
Lower Republican River Basin
Kansas Permit No. A-LRWS-S029
The proposed action is to reissue an existing state permit for an existing facility for 1,600 head (640 animal units) of swine weighing more than 55 pounds. This represents a reduction in 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
Osborne Livestock
Osborne Producers, LLC
600 W. Adams
Osborne, KS 67473
SW/4 of Section 18
T07S, R12W
Osborne County
Solomon River Basin
Kansas Permit No. A-SOOB-B012
The proposed action is to reissue an existing state permit for an existing facility for an average daily capacity of approximately 50.4 animal units of cattle. 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 composting as the 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 three new land application fields and two existing pivots converted to liquid waste pivots. 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.
Name and Address of Applicant Legal Description Receiving Water
Sauvage & Sons, Inc.
Keith Sauvage and Sons
1659 1000th Rd.
Oberlin, KS 67749
SW/4 of Section 11
T03S, R29W
Decatur County
Upper Republican River Basin
Kansas Permit No. A-URDC-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 and 300 head (150 animal units) of cattle 700 pounds or less, for a total of 500 head (350 animal units) of cattle. 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
Boot Hill Feeders
20041 SW C Rd.
Jetmore, KS 67854
S/2 of Section 23 &
SE/4 of Section 22
T24S, R25W
Hodgeman County
Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C003
Federal Permit No. KS0115347
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 17,000 head (17,000 animal units) of cattle weighing more than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. One of the field’s 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
Mongeau Farms, FLP
1415 J Rd.
Stockton, KS 67669
NW/4 of Section 20
T07S, R18W
Rooks County
Solomon River Basin
Kansas Permit No. A-SORO-C002
Federal Permit No. KS0097551
An update to the Nutrient Management Plan (NMP) was received for this existing facility currently permitted for 2,800 head (2,800 animal units) of cattle weighing more than 700 pounds and 3,200 head (1,600 animal units) animal units of cattle weighing 700 pounds or less. for a total of 4,400 anima units. The facility’s NMP was updated to include changes in the application rate limitation for one field. The field’s application rate limitation became 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-Q-25-138/139

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
Onaga, City of
PO Box 298
Onaga, KS 66521-0298
Vermillion River
via Hise Creek
Treated Domestic
Permit No. M-KS53-OO01
Federal Permit No. KS0029050
Legal Description: NE¼, NW¼, SW¼, Section 35, Township 6S, Range 11E, Pottawatomie County
Location: 39.48607, -96.16114
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 and industrial wastewater from local manufacturers. 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 6, 2025, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 10.6 mg/L for this facility. Due to a history of effluent limit failures for BOD and TSS, the permittee shall submit an operations review of the facility by June 30, 2026.
Name and Address of Applicant Receiving Stream Type of Discharge
Atlanta, City of
PO Box 15
Atlanta, KS 67008-0015
Lower Dutch Creek Treated Domestic
Permit No. M-WA02-OO01
Federal Permit No. KS0086801
Legal Description: NE¼, SW¼, NE¼, Section 16, Township 30S, Range 6E, Cowley County
Location: 37.44167, -96.77581
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.

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 September 6, 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-25-215/221, KS-Q-25-138/139) 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. 053380