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APPLICANT: Upper Black Vermillion Watershed Joint District No. 37
PROJECT LOCATION: In/across an unnamed tributary to Ackerman Creek; Section 20, Township 4 South, Range 10 East, Marshall County, Kansas.
ACTIVITY: Construction of an earthen flood control dam, planned as part of the Public Law 566 Program. The dam would be 400 feet long, 23 feet high, and require approximately 15,000 cubic yards of onsite earthen material. The permanent pool would have a surface area of 5.6 acres.
APPLICANT: Upper Black Vermillion Watershed Joint District No. 37
PROJECT LOCATION: In/across an unnamed tributary to Ackerman Creek; Section 20, Township 4 South, Range 10 East, Marshall County, Kansas.
ACTIVITY: Construction of an earthen flood control dam, planned as part of the Public Law 566 Program. The dam would be 400 feet long, 23 feet high, and require approximately 15,000 cubic yards of onsite earthen material. The permanent pool would have a surface area of 5.6 acres.
PUBLIC NOTICE
US Army Corps
of Engineers
Kansas City District
Permit No. NWK-2017-01287
Issue Date: August 15, 2017
Expiration Date: September 5, 2017
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: Upper Black Vermillion Watershed Joint District No. 37
P. O. Box 272
404 Commercial Street
Centralia, Kansas 66415
PROJECT LOCATION (As shown on the attached drawings): In/across an unnamed tributary
to Ackerman Creek; Section 20, Township 4 South, Range 10 East, Marshall County, Kansas
VERMILLION USGS QUAD
Latitude: 39.68135 --- Longitude: -96.32593
AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344)
ACTIVITY (As shown on the attached drawings): Construction of an earthen flood control
dam, planned as part of the Public Law 566 Program. The dam would be 400 feet long, 23 feet
high, and require approximately 15,000 cubic yards of onsite earthen material. The permanent
pool would have a surface area of 5.6 acres.
AQUATIC HABITAT: The project would fill and inundate approximately 1,500 linear feet of
intermittent stream channel.
APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND
COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC
RESOURCES: "To avoid and minimize project related impacts, the structure size was limited to
the sediment storage needed to provide a 50-year design life. This limited the amount of stream
channel inundated by the permanent pool while still allowing the district to achieve its goal of
sediment reduction. Compensation for the loss of stream channel will be met by creating and
preserving existing buffers and excluding livestock from and around stream channel below the
impoundment and along additional tributaries downstream from the dam. This project will
protect existing stream channels by preventing livestock intrusion in the channel as well as
creating buffers to limit agricultural runoff from adjacent fields. A mitigation plan will be
developed using the Kansas Stream Mitigation Guidelines."
ADDITIONAL INFORMATION: Additional information about this application may be
obtained by contacting Mr. Matt Mikulecky, Kanopolis Regulatory Satellite Office, 107
Riverside Drive, Marquette, Kansas 67464, telephone (785) 546-2130 or email at
matthew.j.mikulecky@usace.army.mil. All comments to this public notice should be
directed to the above address.
STATE AUTHORIZATION: The project may require a permit from the Kansas Department
of Agriculture pursuant to Kansas Statutes Annotated 82a-301 to 305a.
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 may affect, but is not likely to adversely
affect the Northern long-eared bat (Myotis septentrionalis). Section 7 consultation will be
completed for activities that may affect listed threatened or endangered species within the Corps'
action area. 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.
PROJECT LOCATION MAP
HWY 9
Vermillion
Frankfort
PROJECT LOCATION
(SITE 14)
HWY 99
APPLICATION NO. NWK-2017-01287
UPPER BLACK VERMILLION WATERSHED JOINT DISTRICT NO. 37
FLOOD CONTROL SITE NO. 14
TRIBUTARY TO ACKERMAN CREEK
MARSHALL COUNTY, KANSAS
SHEET 1 OF 4
15 AUGUST 2017
Legend
NWK-2017-01287
© 2017 Google
APPLICATION NO. NWK-2017-01287
UPPER BLACK VERMILLION WATERSHED JOINT DISTRICT NO. 37
FLOOD CONTROL SITE NO. 14
TRIBUTARY TO ACKERMAN CREEK
MARSHALL COUNTY, KANSAS
SHEET 2 OF 4
15 AUGUST 2017
Upper Black Vermillion WJD No. 37
Aerial Location Map - Site No. 14
Red Polygon Denotes Approximate Reservoir Surface Area
N
3000 ft
PLAN VIEW
APPLICATION NO. NWK-2017-01287
UPPER BLACK VERMILLION WATERSHED JOINT DISTRICT NO. 37
FLOOD CONTROL SITE NO. 14
TRIBUTARY TO ACKERMAN CREEK
MARSHALL COUNTY, KANSAS
SHEET 3 OF 4
15 AUGUST 2017
CROSS SECTION
APPLICATION NO. NWK-2017-01287
UPPER BLACK VERMILLION WATERSHED JOINT DISTRICT NO. 37
FLOOD CONTROL SITE NO. 14
TRIBUTARY TO ACKERMAN CREEK
MARSHALL COUNTY, KANSAS
SHEET 4 OF 4
15 AUGUST 2017