Section 401 Water Quality Certification


Clean Water Act Section 404 & Kansas Environmental Coordination Act: address activities that in someway modify stream channel cross section. Section 404 authorizes the U.S. Army Corps of Engineers to administer a program of permitting the discharge of dredge and fill material to the nation's waterways. Permits may not be issued until the State has issued, pursuant to Clean Water Act Section 401, a statement certifying the activity is not likely to violate State Water Quality Standards.

The Kansas Environmental Coordination Act requires the Kansas Department of Agriculture - Division of Water Resources seek comments from Kansas' environmental agencies before issuing permits to modify stream channel cross sections. The Watershed Management Section reviews Section 404 permits and prepare Section 401 water quality certifications intended to assure that the permitted activity will not result in a violation of Kansas water quality standards. A similar water quality certification is prepared under authority of Kansas water quality standards for KDA-DWR permitted stream channel modification and floodplain fill activities.

Activities:

Section 404 permits cannot be issued until the State has issued, pursuant to Clean Water Act Section 401, a statement certifying the activity is not likely to violate State Water Quality Standards. The Watershed Management Section reviews Section 404 permits and prepares conditional Section 401 water quality certifications intended to assure that the permitted activity will not result in a violation of Kansas surface water quality standards. A similar water quality certification is prepared pursuant the Kansas water quality standards to K.A.R. 28-16-28 et. seq., for KDA-DWR permitted stream channel modification and floodplain fill activities. [Pursuant to KSA 82a-326(a)(4) and (b) of the Kansas Environmental Coordination Act requires the Kansas Department of Agriculture - Division of Water Resources seek comments from Kansas' environmental agencies before issuing permits to modify stream channel cross sections, place an amount of fill in a floodplain, or levee construction /repair.]

See: http://www.nwk.usace.army.mil/regulatory/regulatory.htm for more information on Section 404 Nationwide Permits.

Procedures to request a Nationwide 401 Certifcation:

A new Kansas Water Quality Certification for all Clean Water Act Section 404 Nationwide Permits (NWP) authorized by the U.S. Department of the Army Corps of Engineers, dated May 11, 2007, was accepted by USACE and issued by KDHE on June 20, 2007. Recipients of such NWPs should have this document attached to their permit papers. If not attached, the applicant should contact their USACE project officer. Included here is a link to the USACE Kansas City Regulatory Office web page. http://www.nwk.usace.army.mil/regulatory.htm. Once you find this link, scroll to bottom of page for Nationwide Permit information.

For more information please call 785-296-4195 or email nps@kdheks.gov.