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Mr. Robert Hudson

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APPLICANT: Robert Hudson

PROJECT LOCATION: On the left descending bank of the Delaware River in Section 5, Township 7 south, Range 17 east, Atchison County, Kansas.

ACTIVITY: The applicant proposes to reshape 1,108 linear feet of the left descending bank, and of that total, construct 855 linear feet of longitudinal peaked stone toe protection and 9 rock vane structures.

APPLICANT: Robert Hudson PROJECT LOCATION: On the left descending bank of the Delaware River in Section 5, Township 7 south, Range 17 east, Atchison County, Kansas. ACTIVITY: The applicant proposes to reshape 1,108 linear feet of the left descending bank, and of that total, construct 855 linear feet of longitudinal peaked stone toe protection and 9 rock vane structures.

PUBLIC NOTICE Permit No. NWK-2017-00837 Issue Date: June 20, 2017 Expiration Date: July 11, 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:

Mr. Robert Hudson 2833 Allen Road Holton, Kansas 66436

PROJECT LOCATION (As shown on the attached drawings): On the left descending bank of the Delaware River in Section 5, Township 7 South, Range 17 East, Atchison County, Kansas. USGS Quad: Arrington, Kans. [Latitude: 39.47630 ­ Longitude: -95.54433] AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344). ACTIVITY (As shown on the attached drawings): PROPOSED: The applicant proposes to reshape 1,108 linear feet of the left descending bank, and of that total, construct 855 linear feet of longitudinal peaked stone toe protection and 9 rock vane structures. The applicant proposes to place a total of 1,039 cubic yards of limestone rock below the ordinary high water mark. The bank stabilization will also include revegetation of the reshaped bank and restoration of a riparian buffer in the affected area. The purpose of the project as stated by the applicant, is to reduce sedimentation in Perry Lake by stabilizing a state-identified streambank erosion hotspot. WETLANDS/AQUATIC HABITAT: The Delaware River. There are no known wetlands or other aquatic features within the project area. APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC RESOURCES: As stated by the applicant: "The Watershed Institute, Inc. (TWI) has completed a design that consists of rock vanes and longitudinal peaked stone toe protection. These structures have been shown to dramatically increase streambank stability without adversely affecting other stream/river locations. TWI has used the minimal amount of rock to develop the streambank stabilization design. In addition, TWI is using turf reinforced matting to stabilize the

upper streambank slopes instead of rock riprap. The streambank stabilization goal is for the rock to hold the streambank in place long enough for the vegetation to establish, providing the longterm stabilization control." ADDITIONAL INFORMATION: Additional information about this application may be obtained by contacting Mr. Colin C. Smalley, Regulatory Specialist, Kansas City Regulatory Office, 601 East 12th Street, Kansas City, Missouri 64106. All comments to this public notice should be directed to the above address, or to Mr. Smalley by phone at 816-389-3846 or by email at colin.c.smalley@usace.army.mil. STATE AUTHORIZATION: The applicant has applied for a permit from the Kansas Department of Agriculture pursuant to Kansas Statutes Annotated 82a-325 to 327, which was assigned a notice number of 2017151, and a WS No. CAT-0055. 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, a preliminary determination has been made that the described work is within the geographic range of the Federally-endangered pallid sturgeon (Scaphirhynchus albus) and the Federally-threatened northern long-eared bat (NLEB, Myotis septentrionalis), and will not affect the pallid sturgeon or adversely affect critical habitat. Further, we have also determined that the project may affect the NLEB, but that any resulting incidental take of the NLEB is not prohibited by the final 4(d) rule. We will submit a Northern Long-Eared Bat 4(d) Rule Streamlined Consultation Form under separate cover to the U.S. Fish and Wildlife Service. 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. 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.

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Barton Road

Date: 16-Jun-2017 | Drawn By: CCS | File: P:\OD-R_ORM-RAMS-Corresp\NWK-2017\00837\GIS\2017-06-16_Site_Map_2017-00837.mxd

238th Road

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Feet PERMIT NO. NWK-2017-00837 ROBERT HUDSON BANK STABILIZATION DELAWARE RIVER ATCHISON COUNTY, KANSAS SHEET 1 OF 5 20 JUNE 2017

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U.S. Army Corps of Engineers Kansas City District

Project Location

Property Boundary Map

PERMIT NO. NWK-2017-00837 ROBERT HUDSON BANK STABILIZATION DELAWARE RIVER Date: August 2016 ATCHISON COUNTY, KANSAS SHEET 2 OF 5 20 JUNE 2017

Delaware River 0044 Streambank Stabilization Project Atchison County, Kansas

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Source: http ://www.kansasgis.org/

GENERAL NOTES 1. Before any construction activity, the contractor is responsible for calling Kansas One Call at 800-344-7233 (800-DIG-SAFE). 2. Accepted Erosion Control practices will be applied to all disturbed areas. 3. Corps of Engineers 404 and applicable state and local permits will be obtained prior to project construction. 4. The information shown in these plans concerning type and location of underground utilities is not guaranteed to be accurate or all inclusive. Existing utilities and their locations, as shown on the plans, represent the best information obtained for the design. Location information has been obtained from the various utility companies and is either from company record drawings or company provided field locations. The plans locations shown are not guaranteed. Additional existing utilities may also be encountered. The contractor is responsible for making his own determinations as to the type and location of underground utilities as may be necessary to avoid damage thereto.

40

0

40

Blend Bank Slope as Needed with Existing Bank

80

Begin aping Bank Sh 65 Sta. 0+

5. Contractor shall maintain construction limits within the existing and/or proposed rights-of-way and easements. 6. The engineer has not performed property or right-of-way surveys for any of the locations shown on this project. Right-of-way or property lines shown on the plans are approximate and are shown for general orientation only. Property corners or other survey markers have not been located. Unless specifically called out on the plans.

CP-1

Levee refers to current Levee footprint and is not part of streambank stabilization project.

DELAWARE RIVER STREAMBANK STABILIZATION ATCHISON COUNTY, KANSAS

Sta. 1+03 to 10+61 62' to 99' Rt. LPSTP Length: 855' Height: 4'

Sta. 3+59 82' Rt. Rock Vane #3 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

e Leve

Ber

mH

eigh

t=1

'

Sta. 2+05 82' Rt. Rock Vane #2 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

Be rm

Sta. 4+77 79' Rt. Rock Vane #4 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

8'

End ing Shap Bank 11+73 Sta.

FLOW

Blend Bank Slope as Needed with Existing Bank

Sta. 10+61 73' Rt. Rock Vane #9 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

Sta. 9+58 62' Rt. Rock Vane #8 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

Sta. 8+56 64' Rt. Rock Vane #7 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

Sta. 7+53 78' Rt. Rock Vane #6 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

Sta. 6+06 91' Rt. Rock Vane #5 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

LEGEND CP-1

Control Point 1/2" IP DESIGNED

Turf Reinforced Matting

BAE

DRAWN BY:

KMM

APPROVED BY:

XX+XX

Cross Section Location Existing 1' Contour Line

Proposed 1' Contour Line Proposed 5' Contour Line Edge of Water

JNB

DESIGN PROJ:

REFERENCE POINTS

Existing 5' Contour Line

Contractor to install 2,726 S.Y. turf reinforced matting (see Sheet CO4).

PERMIT NO. NWK-2017-00837 ROBERT HUDSON BANK STABILIZATION DELAWARE RIVER ATCHISON COUNTY, KANSAS SHEET 3 OF 5 20 JUNE 2017

ROBERT AND TANYA HUDSON - SITE 0044 PLAN SHEET

13. Contractor is responsible for tree and brush (debris) disposal cleared from project site. The contractor has the option to pursue an open burning permit from the Atchison County Clerk and comply with permit conditions: or use other off-site disposal options. Contractor shall coordinate debris disposal with property owner and Engineer. Due to debris amount, incorporation into bank shaping is not an option.

MO CORP. ENGINEERING LICENSE NO. E-2001001669-D

FLOW

12. Tree removal encompasse s 1-acre from existing top of bank to proposed top of bank and as needed to access site from north and to move equipment and haul rock. Contractor hall minimize tree removal, remaining trees will makeup riparian buffer.

LAND - AIR - WATER

11. If disturbed, contractor shall return levee to pre-construction condition.

1505 East High Street Jefferson City, Missouri

10. Contractor will plant to outside Berm line.

GREDELL Engineering Resources, Inc.

Sta. 1+03 85' Rt. Rock Vane #1 Length: 35' Height: 4' Angle: 30° Key: 70'x4'x4'

9. Material available for bank shaping is silt loam according to NRCS soil maps.

ENVIRONMENTAL ENGINEERING

8. Topographic information is taken from State of Kansas GIS datum and field surveys performed by The Watershed Institute. Soil moving calculations are based on available information. Contractor shall inspect the site and make an evaluation of existing conditions. Actual soil moving will be based on truck load tickets (or field measured after construction or as-built survey).

Telephone: (573) 659-9078 Facsimile: (573) 659-9079

CP-2

7. Structure locations, bank shaping extents and buffer extents to field staked by The Watershed Institute, Inc.

CP-1 Sta. 2+13.05 1.9711' Lt. N 10102.9080 E 10223.0390 Elev. 936.69

CP-2 Sta. 0+89.34 1.7627' Rt. N 10220.7720 E 10179.7720 Elev. 936.68

CONST

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SCALE:

AS NOTED

DATE:

2/22/2017

DRAWING NO:

CO2 SHEET NO:

2

of

7

PERMIT NO. NWK-2017-00837 ROBERT HUDSON BANK STABILIZATION DELAWARE RIVER ATCHISON COUNTY, KANSAS SHEET 4 OF 5 20 JUNE 2017 DESIGNED

BAE

DRAWN BY:

APPROVED BY:

KMM

DESIGN PROJ:

CONST

DATE:

JNB

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SCALE:

DRAWING NO:

AS NOTED 2/22/2017

SHEET NO:

CO3 3 of 7

ROBERT AND TANYA HUDSON - SITE 0044 DETAIL SHEET

DELAWARE RIVER STREAMBANK STABILIZATION ATCHISON COUNTY, KANSAS

LAND - AIR - WATER Telephone: (573) 659-9078 Facsimile: (573) 659-9079 MO CORP. ENGINEERING LICENSE NO. E-2001001669-D

1505 East High Street Jefferson City, Missouri

ENVIRONMENTAL ENGINEERING

GREDELL Engineering Resources, Inc.

3A

1 3"(7.5cm)

5

Drawing Not To Scale

The information presented herein is general design information only. For specific applications, consult an independent professional for further design guidance.

PH: 800-722-2040 www.nagreen.com

MO CORP. ENGINEERING LICENSE NO. E-2001001669-D

LAND - AIR - WATER

*NOTE: In loose soil conditions, the use of staple or stake lengths greater than 6"(15cm) may be necessary to properly secure the RECP's.

Disclaimer: 5401 St. Wendel - Cynthiana Rd. Poseyville, IN 47633

Telephone: (573) 659-9078 Facsimile: (573) 659-9079

6" (15cm)

ROBERT AND TANYA HUDSON - SITE 0044 DETAIL SHEET

4 3B

1505 East High Street Jefferson City, Missouri

2

1. Prepare soil before installing rolled erosion control products (RECPs), including any necessary application of lime, fertilizer, and seed. 2. Begin at the top of the slope by anchoring the RECPs in a 6"(15cm) deep X 6"(15cm) wide trench with approximately 12" (30cm) of RECPs extended beyond the up-slope portion of the trench. Anchor the RECPs with a row of staples/stakes approximately 12" (30cm) apart in the bottom of the trench. Backfill and compact the trench after stapling. Apply seed to the compacted soil and fold the remaining 12"(30cm) portion of RECPs back over the seed and compacted soil. Secure RECPs over compacted soil with a row of staples/stakes spaced approximately 12"(30cm) apart across the width of the RECPs. 3. Roll the RECPs (A) down or (B) horizontally across the slope. RECPs will unroll with appropriate side against the soil surface. All RECPs must be securely fastened to soil surface by placing staples/stakes in appropriate locations as shown in the staple pattern guide. 4. The edges of parallel RECPs must be stapled with approximately 2" 5" (5-12.5cm) overlap depending on the RECPs type. 5. Consecutive RECPs spliced down the slope must be end over end (Shingle style) with an approximate 3"(7.5cm) overlap. Staple through overlapped area, approximately 12"(30cm) apart across entire RECPs width.

DELAWARE RIVER STREAMBANK STABILIZATION ATCHISON COUNTY, KANSAS

6" (15cm)

2"-5" (5-12.5cm)

ENVIRONMENTAL ENGINEERING

GREDELL Engineering Resources, Inc.

12"(30cm)

Drawn on: 3-16-11

Contractor shall install turf reinforced matting horizontal to slope as shown in 3B. Turf reinforced matting shall be NORTH AMERICAN GREEN SC250 or equivalent. Substitutions must be approved by Engineer prior to installation.

Contractor shall use the staple pattern shown in Figure D (3.4 staples per square yard). Contractor shall use 10-inch galvanized wire staples.

DESIGNED DRAWN BY:

BAE KMM

APPROVED BY:

JNB

DESIGN PROJ: CONST

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SCALE:

AS NOTED

DATE:

2/22/2017

DRAWING NO:

CO4 SHEET NO:

4 of

PERMIT NO. NWK-2017-00837 ROBERT HUDSON BANK STABILIZATION DELAWARE RIVER ATCHISON COUNTY, KANSAS SHEET 5 OF 5 20 JUNE 2017

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