Posted by: Lawyer Sanders | October 26, 2010

Kentucky environmental attorney Sanders says wake up contractors, KRS Chapter 151 controls matters impacting streams.

Did you know that Chapter 151 of the Kentucky Revised Statutes requires approval from the Division of Water prior to any construction or other activity in or along a stream that could in any way obstruct flood flows or adversely impact water quality. If the project involves work in a stream, such as bank stabilization, dredging or relocation, you will also need to obtain a 401 Water Quality Certification (“WQC”) from the Division of Water.

A project may not start until all necessary approvals are received from the KDOW. For questions concerning the WQC process, contact the WQC section at 502/564-3410.

If the project will disturb one or more acres of land, or if the project is part of a larger common plan of development or sale that ultimately will disturb one or more acres, you will also need to complete a Notice of Intent for general permit coverage for storm water discharges associated with construction activities (NOI-SWCA). 

You can find the forms for Kentucky Pollution Discharge Elimination System (KPDES) at http://www.water.ky.gov/homepage_repository/kpdes_permit_aps.htm or https://dep.gateway.ky.gov/eForms/default.aspx?FormID=7.   An applicant must return completed forms to the Floodplain Management Section of the KDOW.

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