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Harper County Road and Bridge Department

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APPLICANT: Harper County Road and Bridge Department

PROJECT LOCATION: The proposed project is located in Bluff Creek and Sand Creek, in Section 21, Township 33 south, Range 7 west, and Section 5, Township 32 south, Range 6 west, Harper County, Kansas.

ACTIVITY: The applicant proposes to remove an approximate total of 7,000 cubic yards of sand per year from two separate creek locations. The footprint of the two excavations would be about 500 feet long x 200 feet wide, with a depth of 1 to 2 feet. The excavations are planned to occur over a period of 5 years.

APPLICANT: Harper County Road and Bridge Department PROJECT LOCATION: The proposed project is located in Bluff Creek and Sand Creek, in Section 21, Township 33 south, Range 7 west, and Section 5, Township 32 south, Range 6 west, Harper County, Kansas. ACTIVITY: The applicant proposes to remove an approximate total of 7,000 cubic yards of sand per year from two separate creek locations. The footprint of the two excavations would be about 500 feet long x 200 feet wide, with a depth of 1 to 2 feet. The excavations are planned to occur over a period of 5 years.

PUBLIC NOTICE Permit No. NWK-2017-01447 Issue Date: August 30, 2017 Expiration Date: September 20, 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: Harper County Road and Bridge Department 201 N Jennings Road Anthony, KS 67003 PROJECT LOCATION (As shown on the attached drawings): The proposed project is located in Bluff Creek and Sand Creek, in Section 21, Township 33 south, Range 7 west, and Section 5, Township 32 south, Range 6 west, Harper County, Kansas. Latitude 37.15460 --- Longitude -98.08542 Latitude 37.28527 --- Longitude -97.98603 AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344). ACTIVITY (As shown on the attached drawings): Proposed: The applicant proposes to remove an approximate total of 7,000 cubic yards of sand per year from two separate creek locations. The footprint of the two excavations would be about 500 feet long x 200 feet wide, with a depth of 1 to 2 feet. The excavations are planned to occur over a period of 5 years. Sand from the creeks would be pushed into piles on the adjacent bank by bulldozers and later loaded into trucks. This work would occur in the dry areas during the summer. In the spring and fall, the sand would be removed from approximately 2-3 inches below the water's surface. No sand would be removed from existing banks and no channel changes or diversion would be made. The purpose as stated by the applicant is to provide material to be used in the maintenance of roadway surfaces. WETLANDS: There are no known jurisdictional wetlands that would be impacted by this project.

APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC RESOURCES: Impacts to the waters of the United States in Bluff Creek and Sand Creek are being avoided and reduced by only excavating bed material that will naturally be replenished. The stream is not dammed and the banks remain intact. Normally within a couple of weeks the flow of the stream replenishes the sand removed. Compensation for impacts to the waters of the United States should not be required since the sand removed will be replaced naturally. ADDITIONAL INFORMATION: Additional information about this application may be obtained by contacting Patrick H. Trier, U.S. Army Corps of Engineers, Kansas State Regulatory Office, 2710 NE Shady Creek Access Road, El Dorado, Kansas 67042 at telephone 316-322-8247 or via email at Patrick.H.Trier@usace.army.mil. All comments to this public notice should be directed to the above address. STATE AUTHORIZATION: The applicant has applied for 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 will not likely affect species designated as threatened or endangered or adversely affect critical habitat. 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.

PERMIT NO. NWK-2017-01447 HARPER COUNTY ROAD AND BRIDGE DEPARTMENT SAND MINING BLUFF CREEK AND SAND CREEK HARPER COUNTY, KANSAS SHEET 1 OF 6 30 AUGUST 2017

PERMIT NO. NWK-2017-01447 HARPER COUNTY ROAD AND BRIDGE DEPARTMENT SAND MINING BLUFF CREEK AND SAND CREEK HARPER COUNTY, KANSAS SHEET 2 OF 6 30 AUGUST 2017

PERMIT NO. NWK-2017-01447 HARPER COUNTY ROAD AND BRIDGE DEPARTMENT SAND MINING BLUFF CREEK AND SAND CREEK HARPER COUNTY, KANSAS SHEET 3 OF 6 30 AUGUST 2017

PERMIT NO. NWK-2017-01447 HARPER COUNTY ROAD AND BRIDGE DEPARTMENT SAND MINING BLUFF CREEK AND SAND CREEK HARPER COUNTY, KANSAS SHEET 4 OF 6 30 AUGUST 2017

PERMIT NO. NWK-2017-01447 HARPER COUNTY ROAD AND BRIDGE DEPARTMENT SAND MINING BLUFF CREEK AND SAND CREEK HARPER COUNTY, KANSAS SHEET 5 OF 6 30 AUGUST 2017

PERMIT NO. NWK-2017-01447 HARPER COUNTY ROAD AND BRIDGE DEPARTMENT SAND MINING BLUFF CREEK AND SAND CREEK HARPER COUNTY, KANSAS SHEET 6 OF 6 30 AUGUST 2017

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