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Publications iconKansas Register

Volume 44 - Issue 29 - July 17, 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 Kansas Department of Transportation for United States Army Corps of Engineers (USACE) CWA Section 404 Public Notice No. NWK-2024-00705-001 found at https://www.nwk.usace.army.mil/Media/Public-Notices. The applicant proposes the placement of fill materials within wetlands and a tributary to Posey Creek as a part of a road project for improvements including but not limited to realignment, re-grading and repaving to US-77 Highway between the south end of Winfield, Kansas and the north end of Arkansas City, Kansas. Approximately 2,915 feet and 1.018 acres of a tributary to Posey Creek will be relocated and a recreated stream will include ecological lift features including meanders, riffle, pool, runs with a total of zero (0) acres of wetlands creation in the vicinity.

The draft certification and additional information containing the link to the USACE Public Notice will be posted on the KDHE website at https://www.kdhe.ks.gov/1095/Section-401-Water-Quality-Certification on or before July 17, 2025. 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 August 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. 053313