404 Permitting Stephen Penaluna, Regulatory Project Manager/Team Leader Kansas, State Regulatory Office, El Dorado

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Presentation 404 Permitting Stephen Penaluna, Regulatory Project Manager/Team Leader Kansas, State Regulatory Office, El Dorado. Kansas Dam Safety Conference, 15 February, 2011, Topeka, KS Before planning construction activities in a Kansas stream, river, lake or wetland, contact the Kansas City District, U.S. Army Corps of Engineers, to see whether a federal permit is required. The U.S. Corps of Engineers protects the public interest in national waters through the The Environmental Protection Agency and the Department of the Army permit program. Corps make the final jurisdictional determination The Corps regulates U.S. waters because of regarding definition and work with consultants the Rivers and Harbors Act of 1899 pertaining to for concurrence. For more information, contact navigable waters — those used for, or have been the Corps. used for interstate transport — which includes the Kansas River and the Missouri River in Kansas. Another law under the regulation of the Corps is the Clean Water Act – 1972 (Section 404) charged with restoring and maintaining the physical, chemical, and biological integrity of the nation’s waters including oversight of excavation and fill. Waters belonging to the United States are those waters in use or used as interstate or foreign commerce, including all waters subject to With almost three decades working for the tidal ebb and flow. In addition, some wetlands, Department of the Army in active duty and civil sloughs, mudflats, and wet meadows are service, Stephen Penaluna has been working in considered special aquatic sites and subject to Corps of Engineering permitting particularly with regulation. transportation projects, dams, river/stream For a stream channel to be considered a projects, and watershed districts. water of the United States, it must demonstrate an Ordinary High Water Mark—a line on the shore established by water fluctuations [see photograph] and indicated by physical characteristics such as a natural line impressed on the bank, shelving, and destruction of terrestrial vegetation. Kansas Department of Agriculture • Division of Water Resources • 109 SW 9th Street • Topeka, KS 66612 .

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