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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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representations for the accuracy of this information
and assumes no liability for errors or omissions.
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FEDERAL HIGHWAY ADMINISTRATION
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KANSAS DEPARTMENT OF TRANSPORTATION
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C learwa ter C ree k
County
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W 4TH ST N
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Wichita Col.
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SEDGWICK COUNTY ZOO
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32
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9.5
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RS 607 l
W 21ST ST N
TO KINGMANl
45TH ST
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Points Between Which
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MAP SYMBOLS
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Greenwich
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UP
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ROAD SYSTEM DESIGNATION
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Bel
Aire
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BNSF
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lTO TOWANDA
254
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Community
Minor Road - Soil
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21
Business
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11
ite wate r C ree k
Regional
Minor Road - Stone or Gravel
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21
O
K&
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28
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30
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31
8
29
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Wh
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16
19
19
69TH ST
M
Kechi
(1995)
Commercial
Minor Road - Paved
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dle F
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24
27
29
11
RS Route - Unpaved
E 77TH ST N
1
2
3
10.3
23
30
9
23
20
21
8
Park
City
(7632)
4
5
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22
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22
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e
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4
Locale
RS Route - Paved
AIRWAYS AND AIRPORTS
T25S
T26S
33
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17
18
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ROAD CLASSIFICATIONS
37°50'
36
35
34
33
32
31
36
12
8
.3
15
Colwich
(1398)
17
K&O
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32
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RS 611
E 85TH ST N
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ansas R ive r
L ittle A rk
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Populated Place
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Andale
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County Seat
State Route - Undivided
27
29
30
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15
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Slo
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11
L it tle
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RS 998
RS 1805
4
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E 93RD ST N
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Big Slo
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State Capitol
State Route - Divided
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6
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4
5
23
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36
Fifth Standard Parallel South
6
22
CITIES OR TOWNS
U.S. Route - Undivided
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T25S
T26S
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24
!
Valley
Center
(7343)
35
31
Sixth Principal Meridian
RS 610
96
37°50'
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West F
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Pr
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30
14
h olm
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24
22
U.S. or State Route - Controlled Access
E 101ST ST N
21
10.4
23
21
20
15
Incorporated City Limit
(Population)
E 109TH ST N
16
22
RS 1762
19
24
23
22
RS 304
County
20
23
21
k
17
ek
19
Mount
Hope
(807)
re e
Sunnydale
RS 2314
RS 2284
W 101ST ST N
Kansas Turnpike (KTA)
13
Furley
18
16
17
15
13
14
15
18
olm
C
18
tC
11
C hish
13
14
16
14
18
14
15
17
12
rk
18
Chish olm
4.0
N
id
AV
E
N 79TH ST E
-97°10'
7
10
12
Section Line
Interstate
Park or Wildlife
W
8
11
10
C re
e
W 109TH ST N
W 77TH ST N
N 63RD ST E
R01E
R02E
81
9
Indian Reservation or HalfBreed Land
HIGHWAY CLASSIFICATIONS
County
12
RS 305
12
11
9
7
re
10
9
8
7
Bentley
(517)
8
RS 309
7
11
2
1
hishol m C ek
re
10
9
Military Fort Boundary
State Numbered Highway
20
Fo
rk
C
8
County Boundary
E 125TH ST N
ca
ild
7
10
4
6
1
2
3
4
State Boundary
U.S. Numbered Highway
40
E 117TH ST N
SF
BN
11
9
seb e
Interstate Numbered Highway
6
UP
5
6
1
k
2
3
ek
4
r
5
E ast
6
3
Cr e
e
1
2
N 47TH ST E
l
C r.
3
4
N HILLSIDE AVE
l
5
BOUNDARIES
Kansas Turnpike Authority
T24S
T25S
ek
5
Go
o
70
County
r ry
5
6
TO
H
N HYDRAULIC AVE
-97°20'
R01W
R01E
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