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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.
95.56° W
95.55° W
95.54° W
95.53° W
39.48° N
39.49° N
95.57° W
SITE
39.46° N
39.47° N
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
0
1,000
2,000
4,000
Feet
PERMIT NO. NWK-2017-00837
ROBERT HUDSON
BANK STABILIZATION
DELAWARE RIVER
ATCHISON COUNTY, KANSAS
SHEET 1 OF 5
20 JUNE 2017
-
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
s
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
-----
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
-----
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
-----
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
7