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APPLICANT: Vantage at Shawnee
PROJECT LOCATION: The project site is approximately 36 acres of land located adjacent to Pflumm Road in Section 9, Township 12 south, Range 24 east, in Shawnee, Johnson County, Kansas.
ACTIVITY: The applicant proposes to permanently grade and fill approximately 300 linear feet (LF) of ephemeral stream, 250 LF of intermittent stream and 0.33 acres of jurisdictional wetlands for a multi-family residential development referred to as the Vantage at Shawnee Apartments.
APPLICANT: Vantage at Shawnee
PROJECT LOCATION: The project site is approximately 36 acres of land located adjacent to Pflumm Road in Section 9, Township 12 south, Range 24 east, in Shawnee, Johnson County, Kansas.
ACTIVITY: The applicant proposes to permanently grade and fill approximately 300 linear feet (LF) of ephemeral stream, 250 LF of intermittent stream and 0.33 acres of jurisdictional wetlands for a multi-family residential development referred to as the Vantage at Shawnee Apartments.
PUBLIC NOTICE
Permit No. NWK-2014-1241
Issue Date: October 14, 2015
Expiration Date: November 4, 2015
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.
Please note the Corps previously issued a public notice for this same property on
November 20, 2014. A permit was never issued. The old public notice had the same permit
number, NWK-2014-01241, but included a different applicant, project name and site plan.
APPLICANT: Vantage at Shawnee
One Burlington Place
1004 Farnam Street, Suite 400
Omaha, NE 68102
PROJECT LOCATION (As shown on the attached drawings): The project site is
approximately 36 acres of land located adjacent to Pflumm Road in Section 9, Township 12
South, Range 24 East, in Shawnee, Johnson County, Kansas.
USGS Quad: KS-Shawnee.
(Latitude: 39.018163 Longitude: -94.744634)
AUTHORITY: Section 404 of the Clean Water Act (33 USC 1344).
ACTIVITY (As shown on the attached drawings): PROPOSED: The applicant proposes to
permanently grade and fill approximately 300 linear feet (LF) of ephemeral stream, 250 LF of
intermittent stream and 0.33 acres of jurisdictional wetlands for a multi-family residential
development referred to as the Vantage at Shawnee Apartments. The applicant would also
convert a 0.9 acre jurisdictional pond into a storm water detention area. Impacts to jurisdictional
waters will result from the construction of the apartment complex, roadways, utilities and other
associated amenities.
WETLANDS/AQUATIC HABITAT: The project site contains a 0.25 acre palustrine emergent
wetland and a 0.08 acre palustrine forested wetland. The project site also contains a 0.9 acre
open water pond which was constructed within waters of the United States and 950 LF of
ephemeral stream and 250 LF of intermittent stream.
APPLICANT'S STATEMENT OF AVOIDANCE, MINIMIZATION, AND
COMPENSATORY MITIGATION FOR UNAVOIDABLE IMPACTS TO AQUATIC
RESOURCES: According to their application, the applicant evaluated the development of three
alternate parcels which would have similar impacts to waters of the United States at the project
site. According to their submittal, the applicant states he will avoid approximately 650 LF of
ephemeral stream. The applicant proposes to mitigate for unavoidable impacts through the
purchase of wetland and stream credits at an approved mitigation bank or in lieu fee provider.
ADDITIONAL INFORMATION: Additional information about this application may be
obtained by contacting Justin Hughes, U.S. Army Corps of Engineers, Kansas City Regulatory
Office, 601 East 12th Street, Kansas City, Missouri, 64106 or by calling 816-389-3211 or via
email at justin.w.hughes@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 305.
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. A cultural resource survey of the property was performed on August
15-16, 2015. Although artifacts were discovered, it was the investigators recommendation that
they are not considered eligible for the national register. 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.
ENDANGERED SPECIES: The project area is within the known range and contains suitable
habitat for the northern long-eared bat (Myotis septentrionalis), a threatened 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.
The Corps will request US Fish and Wildlife Service's concurrence with this determination
pursuant to Section 7 of the Endangered Species Act.
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.
SUBJECT
SITE
N
SHAWNEE QUADRANGLE
KANSAS - JOHNSON COUNTY
7.5 MINUTE SERIES (TOPOGRAPHIC)
1991
APPROXIMATE SE/4
OF SECTION 9, TOWNSHIP 12
SOUTH, RANGE 24 EAST.
DIAGRAM IS INTENDED FOR GENERAL USE ONLY, AND IS NOT
FOR CONSTRUCTION PURPOSES. LOCATIONS ARE APPROXIMATE.
Project Mngr:
Scale:
JNR
Checked By:
SHOWN
Date:
JNR
Approved By:
10/3/14
Project No:
JCB
Drawn By:
01147075
File Name:
BCB
7075F1.dwg
0
1,000'
2,000'
4,000'
APPLICATION NO. NWK-2014-1241
TOPOGRAPHIC MAP
VANTAGE AT SHAWNEE
CLIENT:
SCHLAGEL & ASSOCIATES
GRADING AND FILLING
Consulting Engineers andJOHNSON
Scientists
COBBLESTONE
DEVELOPMENT
COUNTY, KANSAS
SHEET 1 OF 3 NW OF W. 62ND STREET AND PFLUMM ROAD
1815 South Eisenhower
Wichita, Kansas 67209
SHAWNEE, KANSAS 66216
Phone: (316) 262-0171
Fax:
(316) 262-6997 14 OCTOBER 2015
DATED
FIGURE
1
STREAM D3
WETLAND 2
WI
DM
ER
STREAM D1
DR
IVE
W 60TH STREET
FRINGE WETLAND 1
STREAM D4
POND
STREAM D2
SUBJECT
SITE
PFLUMM ROAD
W 61ST STREET
W 61ST TERRACE
WIDMER ROAD
W 62ND STREET
N
2014 AERIAL PHOTOGRAPH PROVIDED
BY THE STATE OF KANSAS DATA
ACCESS AND SUPPORT CENTER.
DIAGRAM IS INTENDED FOR GENERAL USE ONLY, AND IS NOT
FOR CONSTRUCTION PURPOSES. LOCATIONS ARE APPROXIMATE.
Project Mngr:
Scale:
JNR
Checked By:
SHOWN
Date:
JNR
Approved By:
11/19/14
Project No:
JCB
Drawn By:
01147075
File Name:
BCB
7075F1.dwg
0
150'
300'
600'
APPLICATION NO. NWK-2014-1241
SITE DIAGRAM
VANTAGE AT SHAWNEE
CLIENT: SCHLAGEL & ASSOCIATES
GRADING AND FILLING
COUNTY, KANSAS
Consulting Engineers and JOHNSON
Scientists
COBBLESTONE DEVELOPMENT
SHEET 2 OF 3 NW OF W. 62ND STREET AND PFLUMM ROAD
1815 South Eisenhower
Wichita, Kansas 67209
SHAWNEE, KANSAS 66216
DATED
Phone: (316) 262-0171
Fax:
(316) 262-6997 14 OCTOBER 2015
FIGURE
1
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N. LINE OF SW 1/4, SE. 1\4, OF SE.
1\4, SEC. 9-12-24
LP
8
9
15-140
PROJ. NUMBER:
7
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7-23-15
5
DATE PREPARED:
4
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SCH
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REVISION DATE
MITIGATION PLAN
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OWNER:
DUDLEY, LINDA
VANTAGE AT SHAWNEE APARTMENTS
SITE PLAN
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I:\PROJECTS\2015\15-140\3.0 Design\3.0 DWG Plans\2.0 PDP\15-140 PDP MITIGATION PLAN.dwg
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14920 West 107th Street Lenexa, Kansas 66215
(913) 492-5158 Fax: (913) 492-8400
Gx
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0
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Engineers Planners Surveyors Landscape Architects
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APPLICATION NO. NWK-2014-1241
VANTAGE AT SHAWNEE
GRADING AND FILLING
JOHNSON COUNTY, KANSAS
SHEET 3 OF 3
DATED 14 OCTOBER 2015
WM
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SCHLAGEL & ASSOCIATES, P.A.
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