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Publications iconKansas Register

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Volume 44 - Issue 50 - December 11, 2025

State of Kansas

Department of Health and Environment

Notice of Water Quality Certification

The Kansas Department of Health and Environment (KDHE) has drafted a water quality certification per Section 401 of the Clean Water Act (CWA) requested by the United States Army Corps of Engineers (USACE) CWA Section 404 on June 18, 2025, to meet CFR 121. et., seq. On June 18, 2025, the USACE also published in the Federal Register its proposal to reissue 56 existing nationwide permits (NWPs) as documented in the public notice found at https://www.nwk.usace.army.mil/Media/Public-Notices. Many are not applicable to Kansas except for activities including yet not limited to construction of bridges, road ways, stream bank stabilization meeting the USACE threshold, utility lines, oil and gas pipelines, small developments not exceeding the USACE threshold, wetlands meeting the USACE threshold, certain agricultural practices not under the General Permit 40, pond and lake cleaning activities not included in the General Permit 41, renewable energy projects, stormwater outfalls, wildlife habitat restoration, etc. (a full list can be found at the aforementioned public notice link). There are no changes from the previous 401 WQC issued in 2022. All of the current 2021 NWPs expire March 14, 2026. The reissued/modified 2026 NWPs and associated 401 WQC would expire in 2031.

The draft certification and additional information containing the link to the USACE Public Notice is posted on the KDHE website at https://www.kdhe.ks.gov/1095/Section-401-Water-Quality-Certification. Persons wishing to comment on the referenced draft document must submit their comments in writing by email to KDHE at KDHE.NPS@ks.gov by December 17, 2025, if they wish to have their comments considered in the formulation of final determinations for 401 regarding this public notice.

For more information, contact Scott Satterthwaite, Watershed Management Section, Bureau of Environmental Field Services, KDHE at Scott.Satterthwaite@ks.gov.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 053704

Secretary of State Seal