Publications iconKansas Register

Volume 40 - Issue 11 - March 18, 2021

State of Kansas

Department of Health and Environment

Request for Comments

The Kansas Department of Health and Environment (KDHE) has drafted the Kansas Section 401 of the Clean Water Act (CWA) requested by U.S. Army Corps of Engineers Kansas City District Civil Works (USACE KCD CW) for public notice #NWK-2020-001 CW issued by the USACE KCD CW. USACE KCD CW does not issue itself CWA permits; however, their agency policy is to demonstrate compliance with CWA Section 404(b)(1) guidelines and to obtain Section 401 water quality certification from the appropriate certifying authority. USACE follows the new 401 rules in doing so for civil works project. The project entails the restoration of USACE KCD CW constructed off-river chutes for species specific habitat damaged by flooding or for modification. The two projects on the Kansas side includes the Benedictine bottoms and Dalbey bottoms locations, both in Atchison County, Kansas.

The draft certification and additional information containing the link to the USACE Public Notice will be posted on the KDHE website at on or before March 18, 2021. Persons wishing to comment on the referenced draft document must submit their comments in writing by email to KDHE at by April 18, 2021, if they wish to have their comments considered in the formulation of final determinations regarding this public notice. 

For more information, contact Amanda Reed, Chief, Watershed Management Section, Bureau of Environmental Field Services, KDHE at or

Lee A. Norman, M.D.

Doc. No. 048947