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APPLICANT: WaterOne
PROJECT LOCATION: Section 31, Township 11 south, Range 24 east, Wyandotte County, Kansas. Kansas River miles 14.6-14.8.
ACTIVITY: The applicant is proposing the placement of 72,000 cubic yards of large rock below the ordinary high water mark to stabilize and repair the downstream left descending bank of the Kansas River (river mile 14.6-14.7). The applicant is also proposing to redirect flow back to the thalweg of the River, away from the eroding river bank, by excavating 32,000 cubic yards of large rock from the main channel downstream of the existing weir (river mile 14.7-14.8).
APPLICANT: WaterOne
PROJECT LOCATION: Section 31, Township 11 south, Range 24 east, Wyandotte County, Kansas. Kansas River miles 14.6-14.8.
ACTIVITY: The applicant is proposing the placement of 72,000 cubic yards of large rock below the ordinary high water mark to stabilize and repair the downstream left descending bank of the Kansas River (river mile 14.6-14.7). The applicant is also proposing to redirect flow back to the thalweg of the River, away from the eroding river bank, by excavating 32,000 cubic yards of large rock from the main channel downstream of the existing weir (river mile 14.7-14.8).
PUBLIC NOTICE
Permit No. NWK-2016-01814
Issue Date: January 12, 2017
Expiration Date: February 2, 2017
US Army Corps
of Engineers
Kansas City District
21-Day Notice
______________________________________________________________________________
This public notice is issued jointly with the Kansas Department of Health and Environment. The
Department of Health and Environment will use the comments to this notice in deciding whether
to grant Section 401 water quality certification. Commenters are requested to furnish a copy of
their comments to the Kansas Department of Health and Environment, Bureau of Water - Watershed Management Section, 1000 SW Jackson Street, Suite 420, Topeka, Kansas 666121367.
APPLICANT: WaterOne
7601 Holliday Drive
Kansas City, Kansas 66106
PROJECT LOCATION (As shown on the attached drawings): Section 31, Township 11 South,
Range 24 East, Wyandotte County, Kansas. Kansas River Mile (RM) 14.6-14.8.
USGS 1:24K QUAD: KS-EDWARDSVILLE.
[Latitude: 39.046877° -- Longitude: -94.786017°]
AUTHORITY: Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section
404 of the Clean Water Act (33 USC 1344).
ACTIVITY (As shown on the attached drawings): Proposed Work: The applicant is proposing
the placement of 72,000 cubic yards of large rock below the ordinary high water mark (OHWM)
to stabilize and repair the downstream left descending bank of the Kansas River (RM 14.6-14.7).
This will be accomplished by constructing a ~1,000 linear foot revetment with two ~180 foot
bendway weirs. The applicant is also proposing to redirect flow back to the thalweg of the
River, away from the eroding river bank, by excavating 32,000 cubic yards of large rock from
the main channel downstream of the existing weir (RM 14.7-14.8). The material removed from
the main channel will be salvaged and used in the aforementioned revetment. Project Purpose:
To stabilize the eroding north bank of the Kansas River downstream of the WaterOne weir.
WETLANDS/AQUATIC HABITAT: The applicant is proposing to place 72,000 cubic yards
of large rock below the OHWM at various locations in a 0.2 mile stretch of the Kansas River.
APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND
COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC
RESOURCES: As Stated by the Applicant: Multiple scenarios have been modeled using
HEC-RAS, as well as 2-D modeling to evaluate alternative scenarios to minimize disruption to
Waters of the United States. No compensatory mitigation has been proposed by the applicant.
ADDITIONAL INFORMATION: Additional information about this application may be
obtained by contacting Matthew Sailor, U.S. Army Corps of Engineers, Kansas City District
Regulatory Office, 601 East 12th Street, Kansas City, Missouri 64106, telephone: (816)
389-3739, or via email at matthew.c.sailor@usace.army.mil. All comments to this public
notice should be directed to the above address.
CULTURAL RESOURCES: Kansas City District will comply with the National Historic
Preservation Act of 1966 and 36 CFR 800. We have checked the National Register of Historic
Places and the Federal Register and no property listed in the Register or proposed for listing is
located in the permit area. This is the extent of our knowledge about historic properties in the
permit area at this time. However, we will evaluate input by the State Historic Preservation
Officer, Tribal Historic Preservation Officers (or Tribe designated representative) and the public
in response to this public notice, and we may conduct or require a reconnaissance survey of the
permit area to check for unknown historic properties, if warranted.
ENDANGERED SPECIES: In compliance with the Endangered Species Act (ESA), a
preliminary determination has been made that the described work may affect, but is not likely
to adversely affect the pallid sturgeon (Scaphirhynchus albus) and will have no effect on the
Northern long-eared bat (Myotis septentrionalis) or adversely modify critical habitat. In order to
complete our evaluation of this activity, comments are solicited from the U.S. Fish and Wildlife
Service and other interested agencies and individuals. The Kansas City District will use these
comments to fulfill our consultation responsibilities under Section 7 of the ESA.
FLOODPLAINS: This activity is being reviewed in accordance with Executive Order 11988,
Floodplain Management, which discourages direct or indirect support of floodplain development
whenever there is a practicable alternative. By this public notice, comments are requested from
individuals and agencies that believe the described work will adversely impact the floodplain.
WATER QUALITY CERTIFICATION: Section 401 of the Clean Water Act (33 USC 1341)
requires that all discharges of dredged or fill material must be certified by the appropriate state
agency as complying with applicable effluent limitations and water quality standards. This
public notice serves as an application to the state in which the discharge site is located for
certification of the discharge. The discharge must be certified before a Department of the Army
permit can be issued. Certification, if issued, expresses the state's opinion that the discharge will
not violate applicable water quality standards.
PUBLIC INTEREST REVIEW: The decision to issue a permit will be based on an evaluation
of the probable impact including the cumulative impacts of the proposed activity on the public
interest. That decision will reflect the national concern for both protection and utilization of
important resources. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors which may
be relevant to the proposal will be considered including the cumulative effects thereof; among
those are conservation, economics, esthetics, general environmental concerns, wetlands, cultural
values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs and, in general, the needs and welfare of the
people. The evaluation of the impact of the activity on the public interest will include
application of the guidelines promulgated by the Administrator, Environmental Protection
Agency under authority of Section 404(b) of the Clean Water Act (33 USC 1344). The Corps of
Engineers is soliciting comments from the public; Federal, state, and local agencies and officials;
Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects, and the other public interest factors listed above.
Comments are used in preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments are also used
to determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
COMMENTS: This notice is provided to outline details of the above-described activity so this
District may consider all pertinent comments prior to determining if issuance of a permit would
be in the public interest. Any interested party is invited to submit to this office written facts or
objections relative to the activity on or before the public notice expiration date. Comments both
favorable and unfavorable will be accepted and made a part of the record and will receive full
consideration in determining whether it would be in the public interest to issue the Department of
the Army permit. Copies of all comments, including names and addresses of commenters, may
be provided to the applicant. Comments should be mailed to the address shown on page 2 of this
public notice.
PUBLIC HEARING: Any person may request, in writing, prior to the expiration date of this
public notice, that a public hearing be held to consider this application. Such requests shall state,
with particularity, the reasons for holding a public hearing.
APPLICATION NO. NWK-2016-01814
WATERONE
BANK STABILIZATION
KANSAS RIVER MILES 14.6-14.8
WYANDOTTE COUNTY, KANSAS
SHEET 1 OF 2
DATED 12 JANUARY 2017
Revetment
Kansas River
Bendway Weir
Area Considered for
32,000 cu yds of rock
removal
APPLICATION NO. NWK-2016-01814
WATERONE
BANK STABILIZATION
KANSAS RIVER MILES 14.6-14.8
WYANDOTTE COUNTY, KANSAS
SHEET 2 OF 2
DATED 12 JANUARY 2017
Existing Weir
Kansas River