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Reusser Properties

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APPLICANT: Reusser Properties, LLC

PROJECT LOCATION: The project is located on an unnamed tributary to the Ninnescah River in the SW ¼ of Section 16, Township 29 south, Range 3 west, Sedgwick County, Kansas.

ACTIVITY: The applicant proposes to construct a 2,200-foot parabolic waterway. The new waterway would be on the same alignment as the existing jurisdictional ephemeral stream channel.

APPLICANT: Reusser Properties, LLC PROJECT LOCATION: The project is located on an unnamed tributary to the Ninnescah River in the SW ¼ of Section 16, Township 29 south, Range 3 west, Sedgwick County, Kansas. ACTIVITY: The applicant proposes to construct a 2,200-foot parabolic waterway. The new waterway would be on the same alignment as the existing jurisdictional ephemeral stream channel.

PUBLIC NOTICE Permit No. 2017-01866 Issue Date: December 13, 2017 Expiration Date: January 3, 2018

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: Reusser Properties, LLC 8929 S. 263rd St. W. Viola, Kansas 67149 PROJECT LOCATION (As shown on the attached drawings): The project is located on an unnamed tributary to the Ninnescah River in the SW ¼ of Section 16, Township 29 south, Range 3 west, Sedgwick County, Kansas. USGS Quad: KS - Lake Afton Latitude: 37.52060 - Longitude: -97.65361 AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344) ACTIVITY (As shown on the attached drawings): Proposed: The applicant proposes to construct a 2,200-foot parabolic waterway. The new waterway would be on the same alignment as the existing jurisdictional ephemeral stream channel. The constructed waterway would have a bottom width of 40 feet and a top width of 80 feet. There are three existing cement drop structures that drain into the stream channel along the north bank. Construction of the waterway would require the removal of accumulated sediment and approximately 3.25 acres of trees in and along the stream channel. The purpose of the project as stated by the applicant is to remove accumulated sediment and reshape the channel in order to reduce erosion of crop land and improve drainage through the property. WETLANDS/AQUATIC HABITAT: The Natural Resources Conservation Service conducted a wetland determination in October 2017 and did not identify any wetlands in the proposed project area. The ephemeral stream channel is farmed both upstream and downstream of the project area.

APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC RESOURCES: Currently, the growth of trees and build-up of silt and debris is restricting normal flows within the stream channel causing these flows to cut into the field along the south side of the channel. Removing the trees, silt and debris from the stream channel and widening the channel will restore flows to the original alignment, reducing erosion to cropland. No mitigation was proposed by the applicant. ADDITIONAL INFORMATION: Additional information about this application may be obtained by contacting Ms. Sarah Reznicek, U.S. Army Corps of Engineers, Kansas State Regulatory Office, 2710 NE Shady Creek Access Road, El Dorado, Kansas 67042, telephone: (816) 389-3741 or email sarah.m.reznicek@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 is within the geographic range of the Federally threatened Northern Long-eared Bat (NLEB, Myotis septentrionalis) and the Federally endangered Whooping Crane (Grus Americana). We have determined that the project may affect, but is not likely to adversely affect the NLEB, but that the resulting incidental take of the NLEB is not prohibited by the final 4(d) rule. We will submit a Northern Long-eared Bat 4(d) Rule Streamlined Consultation Form to the U.S. Fish & Wildlife Service. Further, we have determined that the project is not likely to adversely affect the Whooping Crane or any designated critical habitat. 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.

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Valley Center (7343)

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Mount Hope (807)

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HIGHWAY CLASSIFICATIONS

County

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T24S T25S

W 125TH ST N

N BROADWAY AVE

N 10TH ST W

N 24TH ST W

N 39TH ST W

N 55TH ST W

N 87TH ST W

N 103RD ST W

R02W R01W

R03W R02W

-97°40'

-97°30'

N 119TH ST W

N 135TH ST W

N 151ST ST W

N 167TH ST W

N 183RD ST W

N 199TH ST W

N 215TH ST W

N 231ST ST W

247TH ST

N 263RD ST W

N 279TH ST W

N 295TH ST W

N 311TH ST W

R04W R03W

TO NEWTON

Harvey

HIGHWAY MARKERS

PERMIT NO. NWK-2017-01866 REUSSER PROPERTIES, LLC CHANNEL CHANGE UNNAMED TRIBUTARY TO NINNESCAH RIVER SEDGWICK COUNTY, KANSAS SHEET 1 OF 6 13 DECEMBER 2017 General Highway Map

Sedgwick County

Kansas

87

PERMIT NO. NWK-2017-01866 REUSSER PROPERTIES, LLC CHANNEL CHANGE UNNAMED TRIBUTARY TO NINNESCAH RIVER SEDGWICK COUNTY, KANSAS SHEET 2 OF 6 13 DECEMBER 2017

WSN: CSG-0341 Proj.: Channel Change

10

09

08

07

Project Location

16

17

18

21

20

19

28

29

30

1:24,000 2,400

0

2,400

4,800 Feet

Lake Afton, KS Quad (T 29 South, R 3 West)

15

22

27

PERMIT NO. NWK-2017-01866 REUSSER PROPERTIES, LLC CHANNEL CHANGE UNNAMED TRIBUTARY TO NINNESCAH RIVER SEDGWICK COUNTY, KANSAS SHEET 3 OF 6 13 DECEMBER 2017

Project Location

1:10,000 1,000

0

1,000

2,000 Feet

Lake Afton, KS Quad (T 29 South, R 3 West)

PERMIT NO. NWK-2017-01866 REUSSER PROPERTIES, LLC CHANNEL CHANGE UNNAMED TRIBUTARY TO NINNESCAH RIVER SEDGWICK COUNTY, KANSAS SHEET 4 OF 6 13 DECEMBER 2017

PERMIT NO. NWK-2017-01866 REUSSER PROPERTIES, LLC CHANNEL CHANGE UNNAMED TRIBUTARY TO NINNESCAH RIVER SEDGWICK COUNTY, KANSAS SHEET 5 OF 6 13 DECEMBER 2017

Station 716.35

Station 0

1:10,000 1,000

0

1,000

2,000 Feet

.

PERMIT NO. NWK-2017-01866 REUSSER PROPERTIES, LLC CHANNEL CHANGE UNNAMED TRIBUTARY TO NINNESCAH RIVER SEDGWICK COUNTY, KANSAS SHEET 6 OF 6 13 DECEMBER 2017

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