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APPLICANT: Prieb Homes
PROJECT LOCATION: Section 9, Township 12 south, Range 23 east, city of Shawnee, Johnson County, Kansas.
ACTIVITY: The applicant proposes filling and grading activities for residential development.
APPLICANT: Prieb Homes
PROJECT LOCATION: Section 9, Township 12 south, Range 23 east, city of Shawnee, Johnson County, Kansas.
ACTIVITY: The applicant proposes filling and grading activities for residential development.
PUBLIC NOTICE
Permit No. NWK-2017-00892
Issue Date: July 17, 2017
Expiration Date: August 7, 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: Prieb Homes
PO Box 4557
Olathe, Kansas 66063
PROJECT LOCATION (As shown on the attached drawings): Section 9, Township 12 South,
Range 23 East, City of Shawnee, Johnson County, Kansas.
USGS Quad: Edwardsville, Kans.
[Latitude: 39.02005 Longitude: -94.86685]
AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344).
ACTIVITY (As shown on the attached drawing): PROPOSED: The applicant proposes to fill 5
wetlands, three ponds, and one ephemeral stream in their entirety (totaling 3.6 acres of wetlands,
1.07 acres of ponds, and 454 linear feet of ephemeral stream), and to temporarily impact an 0.03acre portion of another wetland and a total of 40 linear feet of an intermittent stream. These
impacts are proposed in order to accomplish the grading necessary to construct residential home
lots, roads, utilities, and stormwater management facilities. The project purpose, as stated by the
applicant, is to meet the demand for single family residential home sites in the general area of
western Johnson County.
Note: A road (Clear Creek Parkway) with independent utility from this project was authorized
and constructed within the project area for this permit under a nationwide permit to the City of
Shawnee, Kansas, permit no. NWK-2016-00664.
WETLANDS/AQUATIC HABITAT: The Kansas City District has issued a preliminary
jurisdictional determination for this project. That determination identified the following waters
of the United States within the review area: Six streams totaling 4,883 linear feet, eight wetlands
totaling 3.85 acres, and three ponds totaling 1.07 acres. These features are shown on the attached
drawings.
APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND
COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC
RESOURCES: As stated by the applicant: "The project avoids permanent impact to 0.25
wetland acres and 4,429 lineal feet of perennial, intermittent, and ephemeral tributary. As
minimization, the project incorporates storm water best management practices in compliance
with municipal requirements. For unavoidable impacts to jurisdictional surface waters, the
applicant proposes to purchase wetland and stream mitigation credits from the Kansas and
Missouri River Umbrella Mitigation Bank Site 1 and/or the Kansas and Missouri River Umbrella
Mitigation Bank Site 2."
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.
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. The applicant has caused a Phase II Cultural Resources Survey to be
conducted for the entire project area. Based upon this survey, the Kansas City District believes
that there are no properties within our permit area eligible for listing on the National Register of
Historic Places. Further, and based upon the determination of "no eligible properties," the
Kansas City District believes there are no historic properties present in the permit area, and has
made a preliminary determination that there will be "no historic properties affected" by the
undertaking. 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 representatives) and the public in response to
this public notice.
ENDANGERED SPECIES: The project is within the geographic range of the Federallyendangered pallid sturgeon (Scaphirhynchus albus) and the Federally-threatened Mead's
milkweed (Asclepias meadii) and the northern long-eared bat (NLEB, Myotis septentrionalis). In
compliance with the Endangered Species Act, a preliminary determination has been made that
the described work will not affect the pallid sturgeon or Mead's milkweed, or adversely affect
critical habitat. Furthermore, a preliminary determination has been made that the project may
affect the NLEB, but that any incidental take is not prohibited by the final 4(d) rule for NLEB.
The U.S. Fish and Wildlife Service has also reviewed a habitat assessment for NLEB for this
project, and provided a statement that the project "will likely not result in harm to the NLEB."
The U.S. Fish and Wildlife Service tracking number for this project is 2017-CPA-0520. 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.
94.86° W
94.85° W
94.84° W
94.83° W
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1,000
2,000
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39.01° N
39.02° N
K-7 Highway
SITE
Clare Road
Date: 17-Jul-2017 | Drawn By: CCS | File: P:\OD-R_ORM-RAMS-Corresp\NWK-2017\00892\GIS\2017-07-16_Site_Map_2017-00892.mxd
39.03° N
39.04° N
94.87° W
y
4,000
Feet
PERMIT NO. NWK-2017-892
PRIEB HOMES
RESIDENTIAL DEVELOPMENT
JOHNSON COUNTY, KANSAS
SHEET 1 OF 3
17 JULY 2017
-
U.S. Army Corps
of Engineers
Kansas City District
PERMIT NO. NWK-2017-892
PRIEB HOMES
RESIDENTIAL DEVELOPMENT
JOHNSON COUNTY, KANSAS
SHEET 2 OF 3
17 JULY 2017
CENWK-ODR (NWK-2017-00892)
SUBJECT: Canyon Lake Residential Development - Prieb Homes
94.872° W
94.869° W
94.866° W
94.863° W
39.024° N
Potentially Jurisdictional Waters - All Boundaries/Locations are Approximate
Stream S-4
454 Linear Feet
Wetland W-10
0.01 Acre
Wetland W-9
0.01 Acre
Wetland W-11
0.16 Acres
Pond P-3
0.22 Acre
Wetland W-4
2.38 Acres
Wetland W-2
1.04 Acres
Pond P-5
0.58 Acre
Wetland W-1
0.04 Acre
0
250
500
Feet
Stream S-2
1,704 Linear Feet
39.018° N
Stream S-1
278 Linear Feet
Wetland W-8
0.07 Acre
Clare Road
Stream S-3
345 Linear Feet
in Review Area
1,000
Stream S-5
335 Linear Feet
Review Area Map
Preliminary Jurisdictional Determination
T. 12 S., R. 23 E., Sec. 9, Johnson County, Kansas
Wetland W-7
0.14 Acre
-
Stream S-6
(Clear Creek)
1,767 Linear Feet
in Review Area
U.S. Army Corps
of Engineers
Kansas City District
39.015° N
Date: 13-Jul-2017 | Drawn By: CCS | File: P:\OD-R_ORM-RAMS-Corresp\NWK-2017\00892\GIS\2017-07-13_PJD_Map_2017-00892.mxd
39.021° N
Pond P-12
0.27 Acre