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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

0

sion ee Mis n w a Sh

1,000

2,000

a Parkw

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

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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

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