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Upper Black Vermillion Watershed Joint District No. 37

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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

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